ROL_2017-09-01_16k_Hr3-4.timecode
[00:00.000 --> 00:10.480] The following news flash is brought to you by The Lone Star Lowdown.
[00:10.480 --> 00:17.840] Markets for Monday, 21 August 2017 closed with gold at $1,299.99 an ounce, silver $17.01
[00:17.840 --> 00:25.040] an ounce, Texas Crude $48.50 a barrel, Bitcoin $4,021.99, and Bitcoin Cash is sitting at
[00:25.040 --> 00:33.160] about 605 U.S. currency. Today in history, the year 1911, the Mona Lisa is stolen by
[00:33.160 --> 00:37.840] a Lovre employee with the theft not being discovered until the next day. The Lovre was
[00:37.840 --> 00:43.240] closed for an entire week during the investigation. French poet Guillaume Apollinaire, who had
[00:43.240 --> 00:47.680] once called for the Lovre to be burnt down, came under suspicion and was arrested and
[00:47.680 --> 00:52.960] imprisoned, implicating his friend Pablo Picasso, who was brought in for questioning. Both were
[00:52.960 --> 00:57.960] eventually later exonerated. Two years later, the thief unmasked himself to be a Lovre employee.
[00:57.960 --> 01:02.280] The sense of pedogia, who had stolen the Mona Lisa by entering the building during regular
[01:02.280 --> 01:06.880] hours, hiding it in a broom closet, and walking out with it under his coat after the museum
[01:06.880 --> 01:11.040] had closed, saying history.
[01:11.040 --> 01:17.000] In recent news, Spanish police shot dead 22-year-old Islamist Yunus Abuyakoub, who murdered 13 people
[01:17.000 --> 01:21.680] with a van in Barcelona's most renowned avenue, Las Ramblas. Thursday of last week, fleeing
[01:21.680 --> 01:25.920] the scene in a car, he hijacked after fatally stabbing and murdering the driver. According
[01:25.920 --> 01:30.160] to police statements, a bomb squad used a robot to approach his body after tracking him to
[01:30.160 --> 01:34.440] a rural area near Barcelona. As seems to be routine with these terrorist suspects, police
[01:34.440 --> 01:38.040] shot and killed him after he held up what looked like what police stated appeared to
[01:38.040 --> 01:43.480] be an explosive belt while shouting alooa Akbar. The Islamic State is claiming responsibility,
[01:43.480 --> 01:47.320] and police did indicate they suspected it was planned by a dozen accomplices, including
[01:47.320 --> 01:52.120] his Moroccan-born brother and two first cousins, who are still at large. Five were shot hours
[01:52.120 --> 01:56.240] after the van attacked, two of which were killed, while another was injured the day before
[01:56.240 --> 02:01.040] in a blast at the house where they were fabricating explosives. Another three were later arrested,
[02:01.040 --> 02:05.760] with 13 murdered, 120 injured, and eight remaining in critical condition at the hospital. This
[02:05.760 --> 02:10.200] is the deadliest attack in Spain since March of 2004. Our thoughts and prayers go out to
[02:10.200 --> 02:15.480] all victims of all terrorism.
[02:15.480 --> 02:20.840] A public petition signed by over 180,000 people in just over four days, hosted on the official
[02:20.840 --> 02:26.800] WhiteHouse.gov website, is asking the White House to classify Antifa as a terrorist organization
[02:26.800 --> 02:31.320] due to its propensity towards violence, with terrorism being defined as, quote, the use
[02:31.320 --> 02:36.040] of violence and intimidation in pursuit of political aims. The same definition that is
[02:36.040 --> 02:40.440] applied to ISIS and other groups of terrorist organizations, the White House has to officially
[02:40.440 --> 02:46.960] respond to petitions that collect over 100,000 signatures within 60 days.
[02:46.960 --> 02:50.360] The most recorded and viewed solar eclipse, the great American eclipse, traversed the
[02:50.360 --> 02:55.880] continental United States today. Go check out the footage for yourself on YouTube. This
[02:55.880 --> 03:20.320] was Brooke Rody with your vote-own for August 21, 2017.
[03:20.320 --> 03:27.320] Okay, we are back. Randy Kelton with our video. And Christian, the first time you fight a
[03:27.320 --> 03:36.000] ticket, it'll be really difficult because these guys really know how to touch people's
[03:36.000 --> 03:44.920] soft spots. The thing we are, for the most part, vulnerable to is betrayal. And these
[03:44.920 --> 03:52.720] guys specialize in that. They specialize in betraying your expectation of good faith
[03:52.720 --> 04:02.080] and fair dealing. So we're conditioned to respond negatively. And it's hard to catch
[04:02.080 --> 04:09.000] yourself. And it'll take a time or two. And you can do it with one ticket. But the first
[04:09.000 --> 04:15.760] time you go in, they will do things that surprise you. You'll be surprised at how outrageous
[04:15.760 --> 04:28.400] they are. And it takes a bit to get prepared for it. But with the techniques we talk about
[04:28.400 --> 04:38.240] here, the ones I keep going over will help protect you from that kind of thing. For instance,
[04:38.240 --> 04:43.320] you never ask a public official to do anything you actually want them to do. Because you
[04:43.320 --> 04:46.840] never ask a public official to do anything that the Lord does not command them to do.
[04:46.840 --> 04:56.240] That protects you from being frustrated and feeling betrayed when a public official doesn't
[04:56.240 --> 05:03.200] do what he's supposed to. Change is the whole perspective in neurolinguistic programming.
[05:03.200 --> 05:09.880] Let's call it a reframe. Change the frame of reference. Now if he does what you ask
[05:09.880 --> 05:16.280] him to, you'll be disappointed. Because you are fixing to clobber him and he didn't fall
[05:16.280 --> 05:24.240] for it. And once you get that down, it won't take them long to realize that you're setting
[05:24.240 --> 05:31.080] them up. Then their holding meter changes. Does that make sense?
[05:31.080 --> 05:37.360] Yeah, that makes sense, yeah. I understand that.
[05:37.360 --> 05:44.880] And the other one is this thing of master and servant. We're put through 12 years of
[05:44.880 --> 05:54.000] a government mandated school system. And in this school system, we are told what a wonderful
[05:54.000 --> 06:01.280] country this is and we're told about all of these rights and inalienable rights that we
[06:01.280 --> 06:08.800] have. However, while you're in this school, don't even think about trying to express one
[06:08.800 --> 06:15.640] of those rights or the whole weight of the system will land right square on your head.
[06:15.640 --> 06:22.160] We put children through 12 years of this hypocrisy. And then they get out in the real world and
[06:22.160 --> 06:30.680] we expect them to become empowered citizens. Now what they do is they talk the talk, but
[06:30.680 --> 06:36.440] they don't dare walk down that path. They spent 12 years of finding out what happens
[06:36.440 --> 06:40.280] if you try to walk down that path. And then you get out of school and you don't have any
[06:40.280 --> 06:47.160] more interaction with public officials. For the most part, schools are the only time we've
[06:47.160 --> 06:54.840] dealt with public officials. And then you get a ticket and you go into court. And how
[06:54.840 --> 07:02.400] do you behave in court? How do you know how to behave? Well, the only interaction you've
[07:02.400 --> 07:10.080] had with public officials who had authority over you was school. And you will have these
[07:10.080 --> 07:19.880] involuntary internal reactions that you had in school when teachers chewed you out in
[07:19.880 --> 07:26.960] front of the class when they sent you to the principal. You feel this stark terror. It's
[07:26.960 --> 07:33.920] unreasonable and irrational, but you feel it because that's the behavioral set you have
[07:33.920 --> 07:42.600] available to you. So to get around that, the good portion of what I do in this show is
[07:42.600 --> 07:52.360] an attempt to do a structural reframe. What I want to do is juxtaposition two behavioral
[07:52.360 --> 08:01.520] sets. I want to take the set we've learned as a student in school and juxtapose that
[08:01.520 --> 08:12.000] with the behavioral set we develop as a parent. Go into school to see the principal to find
[08:12.000 --> 08:19.160] out what are you guys doing to my child in your school? See, that's a whole different
[08:19.160 --> 08:29.840] behavioral set. That's the one we want to go into court with. So when they try to access
[08:29.840 --> 08:38.720] the child behavioral set, I'm trying to lay in internal triggers that will access a different
[08:38.720 --> 08:48.120] set of behaviors. Does that make sense? Yeah. What you've done this once or twice, you'll
[08:48.120 --> 08:54.720] screw up. You'll go in there and they'll say something or do something and you just
[08:54.720 --> 09:02.120] feel this response and you'll get upset and frustrated and you'll screw up how you handle
[09:02.120 --> 09:08.200] it. You'll walk away feeling miserable. Boy, I really screwed that up. But the next time
[09:08.200 --> 09:13.120] you walk in there and they try to pull that same routine, you'll be ready for them.
[09:13.120 --> 09:19.720] Yes. I feel like hell is going to be eating this time. Yeah. It'll be difficult. Expect
[09:19.720 --> 09:28.440] it to be difficult. You'll enjoy it. Just use it as a learning experience. Watch what
[09:28.440 --> 09:38.080] they try to do to you. Once you've been through it, you'll recognize these feelings that you
[09:38.080 --> 09:44.840] get and these feelings dredge up behaviors that were appropriate when you were going
[09:44.840 --> 09:52.880] to school, but aren't appropriate anymore. And the first time through, you will set mental
[09:52.880 --> 09:58.040] markers on these and say, wait a minute, we're not going to do that crap over again. It took
[09:58.040 --> 10:06.720] me quite a while, but I didn't have the tools available. I had to kind of work about myself.
[10:06.720 --> 10:15.160] Next time you go into court, you'll be a whole different animal and they will recognize it.
[10:15.160 --> 10:22.200] Especially when you're working to set them up. That word will get around really fast.
[10:22.200 --> 10:31.880] First time you call 911 on them. Oh, that is so much fun. Okay. Do you have anything
[10:31.880 --> 10:39.200] else for us? No, you pretty much answer all my questions. I appreciate it. Okay, we'll
[10:39.200 --> 10:45.920] have fun and let us know how this turns out. I will. Thank you. Okay. Thank you, Christian.
[10:45.920 --> 10:56.720] Now we're going to go to Brett in Texas. Hello, Brett. Hello there, Rick. Well, I have a question
[10:56.720 --> 11:05.000] for you about petition of Rick Mandanos. I sent one of these off about a month ago.
[11:05.000 --> 11:10.880] My answer back says that they don't have any jurisdiction to deal with this. So I'm
[11:10.880 --> 11:17.520] combing through the code and getting myself kind of busy about which ones do have jurisdiction.
[11:17.520 --> 11:24.000] This was for a JP court. And he basically decided he doesn't care about motions for
[11:24.000 --> 11:31.000] disqualification. He's just going to be working, pretend it doesn't exist. But the Rule 18A
[11:31.000 --> 11:38.560] says that he has exactly three business days to fold that whole thing off to the administrative,
[11:38.560 --> 11:49.280] what are they called? The head. The head administrative judge of the district. Yeah. So I wrote up that
[11:49.280 --> 11:56.280] petition for Rick Mandanos. Like you suggested, went and found some examples and sent it off.
[11:56.280 --> 12:04.960] I sent it to the Fifth Court of Appeal. Okay, they are right. They didn't have any jurisdiction.
[12:04.960 --> 12:11.680] It is the county court to whom you appeal a JP court's decision. And that's the one
[12:11.680 --> 12:19.680] that would have jurisdiction over a Maddamas. Okay. When I was doing some research about
[12:19.680 --> 12:27.200] county court and looking at the patterns I see on PXCourt.gov, I see a flow chart that
[12:27.200 --> 12:33.200] leaves me with some question marks about what does county court mean. I see county constitutional,
[12:33.200 --> 12:41.440] court, court at law, county court at law. We got two county courts. One county
[12:41.440 --> 12:46.960] court is the county commissioner's court. The other county court is the county court at law.
[12:48.960 --> 12:58.960] The one you care about is the county court at law. Okay. All right, great. I'll send it off to them.
[12:58.960 --> 13:05.760] I'm wondering if I have any action against the people who told me they don't have jurisdiction
[13:05.760 --> 13:14.880] because they first asked me to pay a filing fee of $155 or else they were going to dismiss in 10
[13:14.880 --> 13:23.760] days and then showed up on a Friday and then Monday they dismissed. And I'm wondering, I mean,
[13:23.760 --> 13:28.400] this doesn't seem right that they're contradicting themselves. They want $155 and they don't have
[13:28.400 --> 13:32.960] any jurisdiction. But maybe they figured it out a day earlier and decided to try to hurry up and
[13:32.960 --> 13:37.920] dismiss. I'm not sure exactly what. Does that sound like there's any action against it or just
[13:37.920 --> 13:53.120] bull? You might sue them in the JP court. It only cost you 60 bucks.
[13:53.120 --> 14:06.400] Oh, that sounds good. Well, you could or you might do a private attorney general suit,
[14:06.400 --> 14:12.480] sue for yourself and all others similarly situated. And then you could do some discovery on it.
[14:12.480 --> 14:16.880] Depends on what you want to do with it. You could give them a headache.
[14:16.880 --> 14:23.200] You want to know how much money they've collected this way.
[14:25.440 --> 14:32.000] Hey, how much money they've collected from people that they didn't have the jurisdiction to
[14:33.680 --> 14:40.480] adjudicate? Yes. And that's the judge had to make that determination immediately. So
[14:40.480 --> 14:53.040] the filing fee was improper. It'd be great experience. I once went to a JP in
[14:54.480 --> 15:03.200] Lake Worth and told her I owed her an apology. Well, Mr. Calton, why do you owe me an apology?
[15:03.200 --> 15:10.560] Well, you know, I requested all of your emails. Yes, Mr. Calton. Well, why do you have to apologize
[15:10.560 --> 15:15.760] about that? He said, see, I told you you wouldn't find anything wrong. I said, I knew that.
[15:16.800 --> 15:22.960] And that's why I asked for yours because I didn't want to find anything wrong. What I wanted to
[15:22.960 --> 15:29.200] find out is all the shenanigans the prosecutor would pull to try to keep from having to produce them.
[15:29.200 --> 15:36.560] And I did that. They pulled a whole bunch of them. And I had great fun at their expense. Yes, Mr.
[15:36.560 --> 15:45.600] Calton, I know all about that. I went to the prosecutor's office and they had 6,000 pages of
[15:45.600 --> 15:53.920] documents stacked up on the table. And I told them I didn't ask for copies. I wanted you to see the
[15:53.920 --> 15:59.280] original. Well, we can't show it to you in the computer. So we printed it out so you could look
[15:59.280 --> 16:04.400] at it. Well, first they wanted to bill me for it. I said, absolutely not. I didn't ask for copies.
[16:04.400 --> 16:10.960] I asked for the original. I want to see it, how you keep it, where you keep it. So they decided
[16:10.960 --> 16:16.640] to print these out for me. And I started going through them. And it looked like they shuffled
[16:16.640 --> 16:24.480] them because the dates were all screwed up. And I asked them, how did you manage to get these so
[16:24.480 --> 16:34.000] out of order? She said, well, that's the way they came out of the computer. I said, not in this lifetime.
[16:35.440 --> 16:40.960] The computer will only store those in order. It doesn't know how to store them randomly.
[16:40.960 --> 16:50.400] So someone deliberately shuffled these. I do not consider this responsive to my request
[16:50.400 --> 16:56.080] and stood up and stormed out of the room. Oh, that was so much fun.
[17:00.240 --> 17:06.160] Saying cookies. Cookie? Me love cookies. Oh, hi, Cookie Munchers. No, these are yucky cookies.
[17:06.160 --> 17:12.480] Cookie? Yucky? No, no bad cookies. You can't even eat these cookies. These are cyber cookies.
[17:12.480 --> 17:16.880] No head eating? No, they are cyber cookies and they clog up your computer.
[17:16.880 --> 17:21.840] These have apples. Really? Oh, that's an actual apple. Hmm, yummy apple.
[17:23.280 --> 17:29.920] I'm going to throw away these yucky cookies in the trash. I click control, shift, delete,
[17:29.920 --> 17:34.400] and then scroll down to cookies and clear them. Bye bye, yucky cookies.
[17:34.400 --> 17:40.640] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand side,
[17:40.640 --> 17:47.120] bookmark the link, and I can go to Amazon through this link and order you some yummy new cookie.
[17:47.120 --> 17:53.120] New cookies? For me? Consider it an early Christmas present. And every time I order on Amazon,
[17:53.120 --> 17:58.320] I go through this link and I give a little present to this radio network too. These are cookies.
[17:58.320 --> 18:03.920] These are classified. Are you being harassed by debt collectors with phone calls, letters,
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[18:57.440 --> 19:00.880] to learn how to stop debt collectors now.
[19:27.840 --> 19:36.400] We're talking to Brett in Texas. So where are you at now with your case?
[19:38.720 --> 19:45.600] So you mentioned the fact that I'm looking for the right place to send the petition for the
[19:45.600 --> 19:52.480] writ of mandem. But you mentioned something about the public information request that I found intriguing
[19:52.480 --> 19:58.160] because that also connects to the same rock wall group over there that the
[20:01.040 --> 20:06.720] assistant district attorney that I was dealing with disappeared after a bargery,
[20:06.720 --> 20:12.720] doing now there's another person signed up to be the one who responds to information request
[20:12.720 --> 20:18.160] and they're trying to charge me $914 to come and look at stuff because they have to redact
[20:18.160 --> 20:30.400] 30 banks. Ah, that should get a bar grievance because you did not create records where
[20:31.680 --> 20:40.880] private information was included with public information. They can redact but they have to
[20:40.880 --> 20:46.320] do so at their cost. So that should get a criminal complaint against them and definitely a bar
[20:46.320 --> 20:53.360] grievance. Perfect. That's another thing I'll be writing tomorrow then. Thank you.
[20:56.000 --> 21:02.800] All right. Now maybe this one will disappear too because you know these are some of the guys that
[21:02.800 --> 21:11.040] they're relatively new lawyers. They always give the young lawyer the pro se because they expect
[21:11.040 --> 21:17.600] him to be easy to handle. They don't expect the pro se from hell to come in there and drop the
[21:17.600 --> 21:27.040] sky on him. Well, I actually went to the more senior, the Kendrick Holpepper who's the district
[21:27.040 --> 21:33.600] attorney over all of the office of the fifth district attorney and sent a letter to her and
[21:33.600 --> 21:38.480] told her that she needed to find out what's going on with criminal complaints that are disappearing
[21:38.480 --> 21:46.560] with her people or shielding from prosecution. She needs to go figure that out and I have no
[21:46.560 --> 21:57.520] response at all. Well, now she's had notice so if another one disappears you can claim that she
[21:57.520 --> 22:08.160] did it herself. Oh yeah, good point. As responding at superior. Because you didn't hire these under
[22:08.160 --> 22:18.720] them. She did. You hired her. All right. This petition for rid of men then. I thought these
[22:18.720 --> 22:26.080] would go to the county court at law. Yes. Okay. That's where that'll be going tomorrow.
[22:27.440 --> 22:32.240] Maybe you'll get in front of that same judge that was presiding the last time we were in that court.
[22:32.240 --> 22:35.680] Could be. The ball guy.
[22:38.080 --> 22:45.360] Brian Williams, the one that's given me all this stuff so far has been said Mark Russo
[22:46.880 --> 22:53.520] and he's now gotten his fourth judicial act complaint and I don't know how many
[22:54.880 --> 22:59.360] criminal complaints there have been but I'm sure he's not going to be very happy to see me
[22:59.360 --> 23:07.040] if it does ever get to that. He's done so many things wrong. I'm not even able to keep up with
[23:07.040 --> 23:13.040] half of them. I just I call him on one of them but there's so many he's making it easy by doing
[23:13.040 --> 23:22.560] everything wrong. That's what I keep telling people. The finding criminal complaints to file
[23:22.560 --> 23:29.040] is not the difficult part. The difficult part is figuring out which one of the plethora of
[23:29.040 --> 23:36.320] criminal complaints you want to take them up. Take up with them and that seems to be exactly what
[23:36.320 --> 23:45.840] you ran into. All right. Well, thank you. I appreciate it Randy. I've got my work cut out for
[23:45.840 --> 23:55.120] me tomorrow. Alrighty. Okay. Now we're going to go to Laura in Arizona. Laura, are you a first-time
[23:55.120 --> 24:04.320] caller? No, I called maybe about a year ago. Oh, okay. What do you have for us? I have a different
[24:04.320 --> 24:10.880] issue tonight. I have a student who was an international student where English is not
[24:10.880 --> 24:20.800] his first language and he got a speeding citation about three weeks ago and he was charged with
[24:20.800 --> 24:28.640] in the 1 to 10 category in Justice Court in his appearance date. We have a new ticket system in
[24:28.640 --> 24:35.120] Arizona where they've changed the citation from in the past. It was you must appear on or before
[24:35.120 --> 24:41.120] the specific date. Now you must appear on this specific date at this specific time and that
[24:41.120 --> 24:53.200] date happens to be Monday Labor Day. Oh, wonderful. So anyway, here's my idea. I am prepared to meet
[24:53.200 --> 25:00.640] this student downtown at the courthouse and, you know, attempt to get in like he's supposed to
[25:00.640 --> 25:06.480] and go in and talk to somebody and then I am prepared to prepare a sworn affidavit saying
[25:06.480 --> 25:15.440] that he was there and I was his witness. What I want to know is if we do that, you know,
[25:15.440 --> 25:20.720] should that affidavit should be filed with the court and then if we do in fact show up
[25:21.600 --> 25:27.440] and there's no one at the court, does the ball go into the court then to do something?
[25:27.440 --> 25:39.200] Well, technically, yes. But in practice, the court doesn't care if it does anything wrong.
[25:40.800 --> 25:48.160] They're going to expect him to figure out what to do and do it. You know, they're going to expect
[25:48.160 --> 25:55.760] him to come in Tuesday and tell him that he was here Monday and they weren't. But what I would
[25:55.760 --> 26:07.200] suggest is that you file an abusive process complaint against the court. Okay. It depends on
[26:07.200 --> 26:21.280] what this Tuesday what the student wants to do. Does he want to exercise the criminal justice
[26:21.280 --> 26:30.000] system in Texas to get a good idea how it actually works? Or does he just want this to go away so
[26:30.000 --> 26:38.160] he can go back to other issues? I think he'd kind of like it to go away, but he has a fear of
[26:39.440 --> 26:43.840] being found guilty and then having points on his license that will raise his insurance.
[26:45.120 --> 26:50.960] And in addition to the citation, they give you this little folder that cites the
[26:50.960 --> 26:55.040] transportation code. You know, if you sign it under this, this is how much the sign
[26:55.040 --> 27:01.360] starts out at excluding all these other fees they tack on. But they also have something that says
[27:01.360 --> 27:06.720] if you're eligible for a traffic school, here's the terms and conditions and how to do that.
[27:06.720 --> 27:14.240] And one of the things it says is it has to be registered and completed seven days before your
[27:14.240 --> 27:21.280] court date. Well, when he got this ticket on the school, we were on break. And so he didn't see this
[27:21.280 --> 27:27.440] time. Oh, no, no, no, hold on, hold on. No, that's not what it means. This is not his court date.
[27:27.440 --> 27:34.080] This is the first appearance date. You'll go to this. This is what they would normally call an
[27:34.080 --> 27:40.640] arraignment. Now, what it should be is an examining trial. But this is just his first appearance.
[27:40.640 --> 27:49.120] He enters a plea and then they send him to the prosecutor. The prosecutor does this long and
[27:49.120 --> 27:55.840] dense and southward down your pants and tries to get him to agree to a deal. And if he doesn't agree
[27:55.840 --> 28:07.520] to a deal, then they'll set a court date. Oh. Yeah, so he's not in a time crunch. And then if
[28:07.520 --> 28:14.320] part of the deal will be, you know, if he hasn't had any other tickets, most likely they'll
[28:14.320 --> 28:22.400] charge him some money and have him go to this training program and then drop the whole thing.
[28:25.360 --> 28:34.320] Okay. And if he's not, you know, I fight these things. But I would be real reluctant to ask
[28:34.320 --> 28:42.080] a student to take this on. It's hard enough for grownups. Oh, absolutely. And I told him, I said,
[28:42.080 --> 28:46.960] and I said, if something happens, I said, I'll, you know, I'll go to court and we'll figure
[28:46.960 --> 28:51.920] what's going to make sure that you understand, you know, what they're telling you. Because like I
[28:51.920 --> 28:58.640] said, it is his first language is not English. And they just, you know, throw this paper at him and
[28:58.640 --> 29:05.520] said, you know, buying the ticket and goodbye. Well, he can ask for an interpreter. That would be
[29:05.520 --> 29:16.000] great fun. What language does he speak Spanish or another language? Taiwanese. Oh, they'll have
[29:16.000 --> 29:24.240] a heck of a time. They may dismiss the case to avoid having to pay an interpreter.
[29:24.240 --> 29:34.480] Now, the other thing is in this, in our justice court, when he makes his appearance,
[29:34.480 --> 29:38.320] he's actually not going to see a judge or a magistrate. He's just going to go before the
[29:38.320 --> 29:42.800] clerk that sits behind the window and they're going to hand him up to the paper.
[29:43.840 --> 29:52.080] And he's going to say, huh, have him say something in Taiwanese if he speaks in English,
[29:52.080 --> 29:59.280] tell him not to there. Oh, this is, this could be cool.
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[33:26.800 --> 33:33.280] Okay, we are back. Randy Kelton of Rule of Law Radio and we're talking to Laura in Arizona.
[33:35.440 --> 33:42.640] You know, he's an exchange student. He doesn't understand the country. I've spent some time
[33:42.640 --> 33:46.800] in foreign countries where I didn't speak the language and it can be very intimidating.
[33:48.320 --> 33:53.280] So to ask him to fight this would be difficult, but at the end of the day, he just wants us to
[33:53.280 --> 34:04.160] go away with the best deal. So what if he went into the court on Tuesday and he only can speak
[34:04.160 --> 34:20.080] one word of English? Interpreter. You don't have to speak English. You can only speak Taiwanese
[34:20.080 --> 34:26.320] and let them figure out what to do. Good chance they'll just tell him to go home
[34:27.760 --> 34:36.960] rather than have to pay an interpreter. Because you won't be seeing a judge or a magistrate,
[34:37.840 --> 34:44.000] I guess I would have been doing some reading to try to figure out if the clerk actually has the
[34:44.000 --> 34:51.520] authority to ask and then enter a plea. No. I thought that judges or magistrates could not
[34:51.520 --> 35:00.880] delegate that authority. No, they cannot. They do it because it's administratively convenient,
[35:02.080 --> 35:08.800] but no, they don't have that authority. But then you could take on this issue.
[35:08.800 --> 35:18.240] You would probably, from what I hear in your voice, you'd have fun taking it on.
[35:19.280 --> 35:26.080] I just did that recently. They called me up to the prosecutor and I said,
[35:27.760 --> 35:34.160] I'm not going to talk to you. All I want from you is your name and bar card number.
[35:34.160 --> 35:41.600] They looked up at me like, what? I said, name and bar card number. Well, first I asked him if
[35:41.600 --> 35:47.120] he had a card and he said no. I said, I need name and bar card number. He gives it to me.
[35:47.120 --> 35:53.120] So, okay, I'm done with you. I'll be talking to the judge. He didn't say anything. I have had
[35:53.120 --> 35:59.520] prosecutors. Generally, if I got a prosecutor who knows what he's doing, they tend to get real
[35:59.520 --> 36:11.040] arrogant and pushy. And at Lake Worth, I went up, they'd call me up and he said,
[36:11.040 --> 36:15.760] are you Randall Kelton? I said, yeah, are you the judge? He said, no, I'm the prosecutor.
[36:15.760 --> 36:20.480] Well, who is the judge? Well, the judge is not here. Well, go get me one. I'm here to see you
[36:20.480 --> 36:28.320] judge. Well, the judge is not here. So, you're holding this hearing? He said, well, yes.
[36:28.320 --> 36:33.360] I turned to the plaintiff. Yeah, plaintiff, I need you. I need you to arrest him.
[36:35.680 --> 36:41.200] Oh, that was so much fun for impersonating a judicial officer.
[36:42.960 --> 36:47.680] But this kid can't, he can't do that, but he could pretend like he doesn't speak English.
[36:50.240 --> 36:52.560] And what are they going to do? How are they going to handle it?
[36:52.560 --> 36:58.160] Yeah, I mean, they're going to have to go out and get somebody.
[36:59.040 --> 37:08.720] Yeah, they'll have to be an interpreter or just dismiss his case and say, go home, go home.
[37:11.680 --> 37:14.880] That's if he's up to it. Does he have a sense of humor? Sure.
[37:14.880 --> 37:22.640] He actually, he's a very nice young man, and he has a great sense of humor.
[37:23.760 --> 37:27.840] This is telling, just pretend you don't speak English and watch him dance around.
[37:32.000 --> 37:37.840] Then when it gets you for the prosecutor, you can pretend like you understand a little,
[37:37.840 --> 37:40.240] but keep acting like you don't know what he's talking about.
[37:40.240 --> 37:47.920] He keeps saying interpreter, interpreter. Explain to him, this is all about money.
[37:47.920 --> 37:52.400] They're just trying to make more, collect more money. And if you look like you're going to be
[37:52.400 --> 37:56.960] too difficult to prosecute, they're going to do something to get you out of there.
[37:59.680 --> 38:07.760] No, how would you suggest handling the clerk of the court if she starts sticking a paper under
[38:07.760 --> 38:10.480] his nose and saying, you know, pick one of these, pick one of these.
[38:11.520 --> 38:15.840] Interpreter, interpreter. You don't know what pick one of these means.
[38:18.560 --> 38:25.120] Well, in terms of her taking on the role of the authority of a judge or magistrate.
[38:26.240 --> 38:27.680] Just to have him play ignorant.
[38:31.440 --> 38:36.880] I don't know. She gives him one, picks one of these, have him pick it up,
[38:36.880 --> 38:38.320] stick it in his mouth and chew it.
[38:42.720 --> 38:46.000] Oh, he could have so much fun with that.
[38:49.040 --> 38:50.000] What are they going to do?
[38:52.160 --> 38:59.520] He's just a poor exchange student. You can have him say exchange student, exchange student,
[38:59.520 --> 39:01.120] interpreter, interpreter.
[39:01.120 --> 39:07.920] They could know he can speak English and it won't help.
[39:08.960 --> 39:15.360] And if they point him toward the prosecutor's office, you're going to have a young prosecutor
[39:16.240 --> 39:20.800] that he's just fresh out of law school, don't know squat.
[39:21.440 --> 39:24.400] And now he's got somebody in there he can't talk to.
[39:24.400 --> 39:35.120] They can't charge him with anything. This doesn't put him in any kind of danger.
[39:36.320 --> 39:40.080] But it might get the prosecutor to say, here, you can go.
[39:44.480 --> 39:48.160] Well, it's a chance because you can't, if a kid can't speak English,
[39:48.160 --> 39:53.680] they can't send you one of these schools because they'd have to pay an interpreter for the school.
[39:58.080 --> 40:04.240] And he actually, I mean, he just, like I was his teacher for the summer semester,
[40:04.240 --> 40:10.560] and my job is to get these students with enough English that they can start participating in
[40:10.560 --> 40:18.320] a regular classroom. And then he literally just two weeks ago was in my class for that very reason.
[40:18.320 --> 40:21.440] So good. You know, he has a long way to go.
[40:22.480 --> 40:28.080] This is a legal procedure. He has to fully understand everything that's going on.
[40:29.840 --> 40:35.040] So even if he can speak some English, he can't understand the implications of what they're
[40:35.040 --> 40:43.360] asking him to do. Right. And that's exactly my concern. Okay. And just have him say interpreter,
[40:43.360 --> 40:52.160] interpreter. That's his right. Now, they have to, they have to go find one.
[40:54.400 --> 40:59.280] Now, they probably go to the district court and the district court probably has one
[40:59.280 --> 41:07.040] one either on retainer or one they can call. But the city court, they're not going to have a
[41:07.920 --> 41:16.480] Taiwanese interpreter. Uh-huh. And the interpreter, that would hold to hold the truth
[41:16.480 --> 41:22.240] before he enters his plea, right? Yeah, he can't, he cannot enter a plea.
[41:22.240 --> 41:28.880] Okay. He can't be asked to enter a plea because he's not confident to enter a plea.
[41:30.320 --> 41:37.040] Okay. Because he cannot, he can't understand the language sufficient to fully understand
[41:37.680 --> 41:43.760] the, the legal implications of what they're asking him to do. Right.
[41:43.760 --> 41:50.800] So the best thing he can do is say, but he don't understand.
[41:53.600 --> 41:59.440] If they say you understand, no, I don't understand, no. Interpreter, interpreter.
[42:01.520 --> 42:08.240] And most likely they'll get an interpreter who speaks Mandarin or Cantonese.
[42:08.240 --> 42:16.000] Yeah, I'm not going to help. Because they're not going to know he's, he's
[42:16.000 --> 42:19.040] Taiwanese. All they're going to think is he's Chinese.
[42:22.640 --> 42:24.160] That would be so much fun.
[42:26.960 --> 42:33.760] So anyway, but I have to let you know how it goes. Okay. And then they're just kind of
[42:33.760 --> 42:42.400] hover in the background to, in case you need bailing out. Okay.
[42:43.840 --> 42:57.760] All right. Okay. Thank you, Laura. Thank you. Now, hang on a second. Robert, can you mute Laura
[42:57.760 --> 43:08.560] and unmute Fritz? My mouse is hanging up. I can't get to him. That Robert is my producer.
[43:10.480 --> 43:22.480] I've been having some issues with my system today. Brian in New York. Okay. I am Brian and
[43:22.480 --> 43:32.880] okay, hold on. I'm still, I can't even see my screen. And my system in New York.
[43:35.120 --> 43:40.960] Fritz is Ryan. Oh, Fritz is Ryan. That's right. Okay. Sorry about that. My, my
[43:41.680 --> 43:49.040] producer's frustrated at me for being so ignorant. Okay. Ryan in New York, we got you listed as Fritz
[43:49.040 --> 43:58.640] from Missouri. Okay. Go ahead. Is this Randy? This is Randy. Hi, Randy.
[44:02.240 --> 44:08.160] It's the 2017 Logos Radio Network annual fundraiser sponsored by Central Texas Gunworks,
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[44:39.680 --> 44:44.880] to win. That's logosradionetwork.com. Also, if you purchase Randy Kelton's e-book,
[44:44.880 --> 44:50.240] Legal101, you get four chances to win. Purchase Eddie Craig's Traffic Seminar and get 10
[44:50.240 --> 44:56.720] chances to win. And remember, every $25 donation is a chance to win. Go to logosradionetwork.com
[44:56.720 --> 45:03.520] for details and donate today. Are you the plaintiff or defendant in a lawsuit?
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[46:22.960 --> 46:33.360] Yeah, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what
[46:33.360 --> 46:43.120] I'm fishing for. I ain't asking for much, I ain't trying to be no blood. I'm just here making my
[46:43.120 --> 46:53.440] living, pushing buttons. I get my message out with anyone who's shouting distant. I vote for
[46:53.440 --> 47:02.160] bravery and against slavery, showing resistance. First I'm crawling, then I'm walking, then I start
[47:02.160 --> 47:22.080] strutting. I'm just so glad to make my living, pushing buttons. When we sat down to play
[47:22.080 --> 47:29.840] monopoly, we all wanted to win the game. We gave some guys this money supply. We must have not
[47:29.840 --> 47:36.640] been sent to the grave. After some time, worth of my time, got beat down to death. There's nothing
[47:36.640 --> 47:41.440] I might have been doing all right. Still, I make my living, pushing buttons.
[47:44.560 --> 47:52.800] Okay, we are back. I still want to call you Fritz in Missouri. Okay, go ahead.
[47:52.800 --> 48:01.520] Okay, Randy, we really need your help. I hope you can help us tonight.
[48:03.600 --> 48:11.520] Okay, what's the deal? Okay, I sent about a half a dozen emails each time the same thing,
[48:12.400 --> 48:21.760] two PDF files and a summary of Virginia's foreclosure with HSBC. It's not only the 11th hour,
[48:21.760 --> 48:29.280] it's even later than that. Please, were you able to look at that and see what the holes
[48:29.280 --> 48:35.280] in their case are so we can go after them? I wasn't able to do that today.
[48:37.440 --> 48:47.440] I had a really serious day, so no, I didn't get a chance to go through them, but I will go through
[48:47.440 --> 48:58.240] them in the morning if you will call me early. Well, today's Saturday, so I'm up to midnight.
[48:59.200 --> 49:04.320] I'm chilly up about three in the morning, but today I won't be up at three in the morning.
[49:04.320 --> 49:11.040] So if you'll call me, you're in New York, so call me about eight o'clock your time.
[49:11.040 --> 49:17.840] Eight a.m. my time? Yeah, I'll be up and I'll have time. We'll have had time to look at them.
[49:19.280 --> 49:28.800] Give me a brief. How old is the mortgage? Here, hold on. We've been through this many times,
[49:28.800 --> 49:33.440] and I was hoping that you'd have it by this time, because we really believe in you and we really
[49:33.440 --> 49:40.000] believe in your ability. Hold on. I had it. I just had several other things that I'm trying to get
[49:40.000 --> 49:46.480] done, and I'm setting up in a new place, and it's kind of holding me back. I've got a phone that
[49:46.480 --> 49:53.120] the phone quit working right, not only ran over it once with a trigger. Right. Did you receive my
[49:53.120 --> 50:01.840] emails? I think so. What was the... It's hard to say. I get so many emails. And it's from Silly
[50:01.840 --> 50:16.320] Sulton. Silly Sulton. Silly Sulton. It was from Silly Sulton. There it is. Let me give you a quick
[50:16.320 --> 50:24.560] summary of her case. Hold on. Let me press a couple of buttons, and you were going to tell
[50:24.560 --> 50:31.280] me about judicial disclosure, too. You were going to tell me how to request a judicial
[50:31.280 --> 50:40.480] disclosure. Okay. I've got a document. I'll send you for that. Okay. I see all your documents.
[50:41.440 --> 50:47.920] I will just give you a quick summary of the foreclosure, just as soon as it comes up on my
[50:47.920 --> 51:01.600] computer, here it comes. And just give me a second to pull it up. There we go.
[51:01.600 --> 51:15.920] Okay. The state of New York, Virginia, has a mortgage with HSBC.
[51:20.880 --> 51:26.000] They took more than six years. They took seven years to do the foreclosure.
[51:26.000 --> 51:33.680] The attorney general of the state of New York, Schneiderman, sued HSBC for dragging their feet,
[51:34.480 --> 51:40.000] and it seems like this is the same thing that they did to hundreds of other New Yorkers,
[51:40.000 --> 51:48.320] and that's why Schneiderman sued HSBC for doing the same thing. They filed the complaint,
[51:48.880 --> 51:53.200] the list pendants, and then they let us sit there. They let us sit there for seven years
[51:53.200 --> 51:58.160] before they really did anything with it. November? Wait a minute. Wait a minute. They
[51:58.160 --> 52:03.920] have a four-year statute of limitations. I think it's four or six. I think it's four years.
[52:03.920 --> 52:11.600] Six years. It's six years. Okay. Are you past the six years? Oh, a long time ago.
[52:12.400 --> 52:20.080] Now, is it true, is it true, Randy, that they can file the list pendants or whatever you want to
[52:20.080 --> 52:24.880] call the complaint and then let us sit there for seven years before they do anything with it?
[52:25.520 --> 52:32.960] You should file a judicial conduct complaint against the judge for not dismissing it after 180 days.
[52:35.040 --> 52:42.800] Now, say that again. You can move the court to dismiss. If there's no action after 180 days,
[52:42.800 --> 52:45.360] the court is actually required to dismiss it.
[52:45.360 --> 52:53.760] So, another, you mean recently with the recent turn of events, May 9th, she was in court,
[52:54.800 --> 52:58.880] and then the judge said you have at least three months before you have to vacate your house.
[53:00.320 --> 53:02.160] Okay. We're in September.
[53:03.360 --> 53:10.880] Okay. She needed to file statute of limitations is an affirmative defense. It's not a bar.
[53:10.880 --> 53:17.040] So, she needed to file a motion to dismiss for statute of limitations.
[53:19.600 --> 53:20.640] We're on the six years.
[53:22.000 --> 53:26.880] Yeah. If it's beyond the six years, they've exceeded statute of limitations and you need
[53:26.880 --> 53:34.880] to file that in an affirmative defense. Have you filed any action against them? Okay.
[53:34.880 --> 53:41.040] This is New York. So, they had to file a suit to foreclose.
[53:43.440 --> 53:46.480] Yeah. Well, can I read you the summary of the things that have happened?
[53:47.040 --> 53:50.160] I got it all on paper. Okay. Go ahead.
[53:51.360 --> 54:02.480] She signed the mortgage on April 24th, 2006. Signed the mortgage 2006, April 24th, 2006.
[54:02.480 --> 54:10.240] November 1st, 2008, they filed and the bank filed a default notice.
[54:12.000 --> 54:20.160] So, November 1st, 2008, they filed a default notice. October 6th of 2015, the foreclosure was filed.
[54:22.480 --> 54:27.840] And the bank took longer than six years and the statute of limitations in New York is six years.
[54:27.840 --> 54:34.000] Okay. Here's the problem. Statute of limitations is an affirmative defense.
[54:34.000 --> 54:39.760] Did she file a motion to dismiss based on statute of limitations?
[54:40.720 --> 54:44.320] No, she didn't. Did she lose that right now? Yes.
[54:46.000 --> 54:50.880] Okay. So, she lost the right because she didn't. And she went to an attorney.
[54:50.880 --> 54:54.400] Isn't the attorney supposed to know that? Absolutely.
[54:54.400 --> 55:01.840] Well, then she should sue the attorney. Yeah, for three times the value of the property.
[55:03.760 --> 55:09.760] No. No. I'm going to find out who the attorney was if she consulted an attorney and they didn't tell her that.
[55:10.400 --> 55:15.840] Okay. You always look for deep pockets. The attorney's going to have errors in emissions.
[55:15.840 --> 55:21.840] He'll have deep pockets. And if he missed something as glaring as statute of limitations,
[55:21.840 --> 55:29.760] he deserves to be sued. Yeah. All right. And if there's no attorney, you can't sue anybody.
[55:29.760 --> 55:36.400] Shouldn't the judge, wouldn't you think the judge, I realize the judge isn't your attorney,
[55:36.400 --> 55:44.880] but isn't the judge supposed to look out for your rights? No. This is a civil case and you have the
[55:44.880 --> 55:52.000] option of waiving your rights. And it goes to the doctrine of latches.
[55:53.280 --> 56:00.480] Yeah. Yes. I know it will. Okay. So, this is a latches issue. She had a right,
[56:01.200 --> 56:08.800] but she sat on those rights, so she waived them. Okay. The deed was recorded April 24, 2006.
[56:08.800 --> 56:19.280] Hold on. This is, just got to press a button. The first assignment, see, I think the assignments,
[56:19.280 --> 56:22.720] I think you said something about one of the assignments, there's three of them,
[56:22.720 --> 56:28.240] and you thought one of them was a little shady, but you weren't sure which one.
[56:28.960 --> 56:35.200] Okay. This is where HBC keeps assigning the mortgage to HBC.
[56:35.200 --> 56:44.240] Yeah. Yeah. This is the one where she probably needs a securities analysis.
[56:45.200 --> 56:53.200] Okay. Do you call that a forensic audit? Yes. Well, I don't know. It depends on who's calling it.
[56:54.160 --> 57:01.040] I do a forensic audit, and that's why I look at all the documentation. A securities audit can be
[57:01.040 --> 57:08.960] in there, but not necessarily. Make sure whoever's offering a forensic audit is doing a securities
[57:08.960 --> 57:14.720] audit as opposed to an audit of the documentation. Okay. So, say that one more time so I make sure
[57:14.720 --> 57:26.000] I get it. Okay. Make sure they're doing a securities audit. You want to find all of the records of
[57:26.000 --> 57:37.760] the transfers of the note. Okay. I do a forensic audit, and I look at all of the documentation
[57:38.400 --> 57:47.200] in the case, but I don't necessarily chase down all of the assignments of the note
[57:47.920 --> 57:52.160] that aren't recorded in the case. So, make sure if you're paying for a forensic audit
[57:52.160 --> 57:56.880] that it is a securities audit as opposed to just auditing the documentation.
[57:58.320 --> 58:09.280] All right. Now, I lost my trend of thought. Okay. We were talking about the assignments.
[58:09.280 --> 58:16.000] There were three of them, and that was my issue with the assignments. When you have
[58:16.000 --> 58:27.040] a company assigning to itself, what this tells me is that HSBC sold the negotiated the security
[58:27.040 --> 58:36.640] instrument to a third party and retained servicing rights to the instrument. So, they're standing
[58:36.640 --> 58:42.160] in the front as if they are the holder when in fact they're merely the servicer for the note.
[58:42.160 --> 58:48.400] They're just a bill collector. And then whoever they negotiated the note to negotiated it to somebody
[58:48.400 --> 58:55.600] else. Would you like to make more definite progress in your walk with God? Bibles for America is
[58:55.600 --> 59:01.120] offering a free study Bible and a set of free Christian books that can really help. The New
[59:01.120 --> 59:06.000] Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.000 --> 59:10.800] It's an accurate translation, and it contains thousands of footnotes that will help you to know
[59:10.800 --> 59:16.960] God and to know the meaning of life. The free books are a three volume set called basic elements of
[59:16.960 --> 59:22.240] the Christian life. Chapter by chapter, basic elements of the Christian life clearly presents
[59:22.240 --> 59:28.720] God's plan of salvation, growing in Christ and how to build up the church. To order your free
[59:28.720 --> 59:35.360] New Testament recovery version and basic elements of the Christian life, call Bibles for America
[59:35.360 --> 59:48.960] toll free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[01:00:06.240 --> 01:00:16.720] Markets for Monday, the 21st of August, 2017 closed with gold at $1,290.99 an ounce. Silver,
[01:00:16.720 --> 01:00:24.800] $17.01 an ounce. Texas Crude, $48.50 a barrel. Bitcoin, $4,021.99. And Bitcoin Cash is sitting
[01:00:24.800 --> 01:00:33.200] at about 605 U.S. currency. Today in history, the year 1911, the Mona Lisa is stolen by a
[01:00:33.200 --> 01:00:38.320] Louvre employee with the theft not being discovered until the next day. The Louvre was closed for
[01:00:38.320 --> 01:00:44.080] an entire week during the investigation. French poet Guillaume Apollinaire, who had once called
[01:00:44.080 --> 01:00:48.320] for the Louvre to be burnt down, came under suspicion and was arrested and imprisoned,
[01:00:48.320 --> 01:00:53.120] implicating his friend Pablo Picasso, who was brought in for questioning. Both were eventually
[01:00:53.120 --> 01:00:57.760] later exonerated. Two years later, the thief unmasked himself to be a Louvre employee. The
[01:00:57.760 --> 01:01:02.720] sense of pedigree who had stolen the Mona Lisa by entering the building during regular hours,
[01:01:02.720 --> 01:01:07.760] hiding it in a broom closet, and walking out with it under his coat after the museum had closed.
[01:01:07.760 --> 01:01:15.600] Today in history. In recent news, Spanish police shot dead 22-year-old Islamist Eunice Abouyakoub,
[01:01:15.600 --> 01:01:20.720] who murdered 13 people with a van in Barcelona's most renowned avenue, Las Ramblas. Thursday of
[01:01:20.720 --> 01:01:25.440] last week, fleeing the scene in a car he hijacked after fatally stabbing and murdering the driver.
[01:01:25.440 --> 01:01:29.840] According to police statements, a bomb squad used a robot to approach his body after tracking him
[01:01:29.840 --> 01:01:34.560] to a rural area near Barcelona. As seems to be routine with these terrorist suspects, police shot
[01:01:34.560 --> 01:01:38.720] and killed him after he held up what looked like what police stated appeared to be an explosive
[01:01:38.720 --> 01:01:44.240] belt while shouting al-Aqbar. The Islamic State is claiming responsibility and police did indicate
[01:01:44.240 --> 01:01:48.800] they suspect it was planned by a dozen accomplices, including his Moroccan-born brother and two
[01:01:48.800 --> 01:01:53.680] first cousins, who are still large. Five were shot hours after the van attack, two of which were
[01:01:53.680 --> 01:01:58.400] killed while another was injured the day before in a blast at the house where they were fabricating
[01:01:58.400 --> 01:02:03.760] explosives. Another three were later arrested, with 13 murdered, 120 injured, and eight remaining
[01:02:03.760 --> 01:02:08.880] in critical condition at the hospital. This is the deadliest attack in Spain since March of 2004.
[01:02:08.880 --> 01:02:11.840] Our thoughts and prayers go out to all victims of all terrorism.
[01:02:15.280 --> 01:02:19.520] A public petition signed by over 180,000 people in just over four days,
[01:02:19.520 --> 01:02:25.280] hosted on the official WhiteHouse.gov website, is asking the White House to classify Antifa
[01:02:25.280 --> 01:02:30.240] as a terrorist organization due to its propensity towards violence, with terrorism being defined
[01:02:30.240 --> 01:02:35.600] as, quote, the use of violence and intimidation in pursuit of political aims. The same definition
[01:02:35.600 --> 01:02:38.960] that is applied to ISIS and other groups of terrorist organizations,
[01:02:38.960 --> 01:02:43.440] the White House has to officially respond to petitions that collect over 100,000 signatures
[01:02:43.440 --> 01:02:49.760] within 60 days. The most recorded and viewed solar eclipse, the great American eclipse,
[01:02:49.760 --> 01:02:55.440] traversed the continental United States today. Go check out the footage for yourself on YouTube.
[01:02:55.440 --> 01:03:25.120] This was Rick Brody with your lowdown for August 21st, 2017.
[01:03:25.120 --> 01:03:29.680] Okay, we are back. Randy Kelton in Lula Radio, and we're talking to Brian in New York.
[01:03:30.480 --> 01:03:41.840] Okay, Brian, looking at these three assignments, they're all were HSBC has assigned a note to
[01:03:41.840 --> 01:03:49.760] itself. So that tells me there were at least three transfers where the HSBC negotiated the note to a
[01:03:49.760 --> 01:03:57.120] third party. The third party then negotiated the note to another party. And this party needs
[01:03:57.120 --> 01:04:07.840] a contract with its servicer. So they entered a contract with HSBC for HSBC to be a servicer
[01:04:07.840 --> 01:04:16.640] for the next holder. And that's why HSBC filed an assignment from itself to itself.
[01:04:16.640 --> 01:04:24.960] Does that make sense? Well, I think I see what you're saying. But does that mean that HSBC blew
[01:04:24.960 --> 01:04:36.400] itself out of the water? Not necessarily. If the holder authorized HSBC to act as an agent
[01:04:37.360 --> 01:04:45.840] for the holder, then they're not blown out of the water. However, the contract calls for notice
[01:04:45.840 --> 01:04:51.440] of the negotiation of the instrument. And you weren't given notice of the negotiation of the
[01:04:51.440 --> 01:04:59.920] instrument. You can file an action claiming breach of contract. Okay. Because of the
[01:04:59.920 --> 01:05:05.360] nullification of the security instrument. Because they didn't notify the homeowner of all that.
[01:05:06.240 --> 01:05:15.520] Right. They breached a covenant of the contract. I see. All right. Now, somebody told me,
[01:05:15.520 --> 01:05:23.440] I think it was a lawyer, that HSBC didn't have to adhere to the six-year statute of limitations
[01:05:23.440 --> 01:05:29.840] rules because of when they filed their list pendants and then they cancelled their list
[01:05:29.840 --> 01:05:38.080] pendants. As long as they had something on the books, that gets around the six-year
[01:05:40.480 --> 01:05:45.120] statute of limitation. Now, I probably didn't say that right. But I think you know what I'm
[01:05:45.120 --> 01:05:53.120] saying. Okay. You're saying list pendants and what they actually have is a foreclosure action.
[01:05:54.400 --> 01:05:58.400] Okay. Now, I can read to you what they actually have, what the county clerk gave me,
[01:05:58.400 --> 01:06:09.200] what they have to file. Hold on. This isn't my usual computer. This thing is a piece of junk.
[01:06:09.200 --> 01:06:17.280] The following was received. Okay. List pendants 924 of 09. They filed the list
[01:06:17.280 --> 01:06:23.280] pendants 924 of 09. Then 10-5 of 09. They filed a motion for the order of reference.
[01:06:24.560 --> 01:06:34.080] 913 of 10, they got it granted. Then 8-4 of 15, the motion to discontinue and cancel the list
[01:06:34.080 --> 01:06:44.160] pendants. 10-6 of 15, it was granted. Okay. Hold on. When they filed the list pendants,
[01:06:44.160 --> 01:06:50.000] they had apparently had filed no action because if there was a foreclosure action,
[01:06:50.000 --> 01:06:57.120] it would have been attached to the list pendants. Now, don't see grounds for filing the list pendants
[01:06:57.120 --> 01:07:03.200] without a lawsuit being filed. Okay. Does that mean that blows them out of the water?
[01:07:04.480 --> 01:07:09.280] No. What blows them out of the water is when they withdrew the list pendants.
[01:07:10.880 --> 01:07:14.800] Okay. Then they did. Once they withdrew it, it's like it never happened.
[01:07:16.480 --> 01:07:20.080] Well, then there's an RJI date of 7-1 of 16.
[01:07:20.080 --> 01:07:33.760] Then the RJI, I really hate acronyms. Okay. Jurists, boy, I don't, well,
[01:07:34.320 --> 01:07:43.040] all right. 7-1 of 16, summary judgment, release granted. 7-1 of 16, summary judgment, release
[01:07:43.040 --> 01:07:54.240] granted. Okay. Summary judgment on what? Well, it just says you don't have any evidence that
[01:07:54.240 --> 01:08:01.360] an action was filed. Do you have, does your, this woman have a copy of a lawsuit that was filed?
[01:08:03.360 --> 01:08:09.120] Now, say that again. There had to be a lawsuit filed in conjunction with the list pendants.
[01:08:09.120 --> 01:08:13.680] All right. So, in other words, the homeowner has that.
[01:08:14.640 --> 01:08:22.240] The list pendants should have a cause number on it for the lawsuit. The homeowner should have
[01:08:22.240 --> 01:08:31.360] the lawsuit. Okay. All right. I'm going to give you what the county clerk gave me. It says 7-1
[01:08:31.360 --> 01:08:39.680] of 16, summary judgment, release granted. 222 of 17 filed motion for summary judgment
[01:08:40.400 --> 01:08:49.120] heard on May 9 of 17. I went to that hearing or whatever you want to call it and I heard Judge
[01:08:49.120 --> 01:08:54.720] Coker tell the defendant, Virginia, it will be at least three months before you leave your,
[01:08:54.720 --> 01:08:58.720] you have to leave your house. So, you got plenty of time to pack your things.
[01:08:58.720 --> 01:09:05.440] Yeah. Now, there's more information here. Hold on. Okay. I, wait, hold on. This is wasting
[01:09:05.440 --> 01:09:12.400] time. I have no idea what's going on here. At that conviction hearing, I don't know what it is.
[01:09:13.920 --> 01:09:18.240] There has to be a foreclosure action filed and you have it referenced one.
[01:09:19.840 --> 01:09:24.800] Okay. Now, there had to be a, there had to be a suit filed in conjunction with the
[01:09:24.800 --> 01:09:30.240] less pendants. You can't get the less pendants without the action being filed. Less pendants
[01:09:30.240 --> 01:09:38.560] means pending action. So, there had to be a suit pending. Wouldn't that be contained in the two
[01:09:38.560 --> 01:09:44.400] PDF files that I sent to you that contain all the information? The county clerk says that
[01:09:44.400 --> 01:09:50.400] that was all the information they had on file and she gave them to me as PDF files and I sent
[01:09:50.400 --> 01:09:55.920] them to you. Kat, did you check the, in there? Okay. Wait a minute. Do you have to check the
[01:09:55.920 --> 01:10:00.640] district court? There has to be a lawsuit and the county clerk wouldn't necessarily have that.
[01:10:02.080 --> 01:10:05.920] Okay. So, you got to, I got to, you really, you really have to talk to your client
[01:10:06.960 --> 01:10:11.440] that a woman, has she been sued or she served with a lawsuit?
[01:10:11.440 --> 01:10:23.680] Did she answer the lawsuit? Okay. There has to be one. You can't get to these places you're going
[01:10:23.680 --> 01:10:29.440] without a lawsuit. You haven't mentioned one. Okay. And the county clerk won't necessarily
[01:10:29.440 --> 01:10:35.760] have that on file? No, that would be district clerk. Okay. The district court, district clerk
[01:10:35.760 --> 01:10:43.360] in the district court. Yes. You're looking in the, the registrar of deeds records. You need to,
[01:10:43.360 --> 01:10:49.920] this lawsuit would be need, would need to be filed in the district court. So, do a search in the
[01:10:49.920 --> 01:10:54.480] district court, district clerk records for this woman's name. You should come up with a lawsuit
[01:10:55.200 --> 01:11:01.440] with her name on it. Okay. Okay. And how will that benefit? Again, how is that going to help?
[01:11:01.440 --> 01:11:08.880] Well, you got to know what they sued for. Right. What the claim was in the suit. So,
[01:11:08.880 --> 01:11:15.520] I can look at the suit and see if it was valid. Okay. If I punch holes in it, that's the meet.
[01:11:15.520 --> 01:11:21.440] That's the important document. Okay. May I send that to you also by PDF file?
[01:11:22.400 --> 01:11:30.400] Absolutely. Okay. Oh, please, Randy, please help us. And I'll explain all this later why
[01:11:30.400 --> 01:11:36.400] I'm doing this. I'll give you my background and why I'm doing it. Okay. Not, not important to me why.
[01:11:37.840 --> 01:11:42.960] Right. I will help. I need, I need the information. I need the documentation.
[01:11:42.960 --> 01:11:48.400] So, go to the district court and get the lawsuit that was filed and any motions or
[01:11:48.400 --> 01:11:54.800] pleadings filed in conjunction and get those to me. Okay. Now, question. Was that the court
[01:11:54.800 --> 01:12:00.640] that I just told you that Judge Coker said you have three months to vacate the house? Is that?
[01:12:00.640 --> 01:12:07.440] Not necessarily, but most likely. Okay. All right. It could be an eviction court,
[01:12:07.440 --> 01:12:12.400] but I don't think so. An eviction court is generally a justice and a peace court.
[01:12:13.280 --> 01:12:19.120] And that'll come after there has been an adjudication in a district court. Once the
[01:12:19.120 --> 01:12:25.440] district court grants them the property, then they have to go in Texas and most states I've
[01:12:25.440 --> 01:12:32.800] looked at, then you have to go to a JP to get an unlawful detainer. Whether they combine them
[01:12:32.800 --> 01:12:38.080] in New York or not, I don't know. The guy helped in New York. We still have him before the U.S.
[01:12:38.080 --> 01:12:43.280] Supreme. So, they never got that far with him and he's only been in court with him for seven years.
[01:12:43.280 --> 01:12:54.720] Right. Okay. My question is this. Who can I find out from, who will know in my locality
[01:12:54.720 --> 01:13:00.160] of all these people I've talked to, the county clerk? I was in, I heard Judge Coker.
[01:13:01.600 --> 01:13:06.400] I would go next. Who I asked for all the, for the paperwork for the...
[01:13:06.400 --> 01:13:08.080] District clerk.
[01:13:08.080 --> 01:13:12.560] District clerk. We still call the district clerk. Okay. Yes.
[01:13:12.560 --> 01:13:14.960] We'll do that. And she'll have all the paperwork.
[01:13:14.960 --> 01:13:17.920] What do I call tomorrow morning? What number do I call you at?
[01:13:20.720 --> 01:13:27.040] Send me an email. Send you an email? Yeah. And I'll email it back to you.
[01:13:28.160 --> 01:13:32.640] Okay. I did send you an email. See, can you check it now to make sure you've got it?
[01:13:32.640 --> 01:13:41.760] I could not find an email from you. What was the email name again? Silly Sultan. Silly Sultan.
[01:13:42.880 --> 01:13:53.920] How do you spell the first name? S, like Sam, I, L, L, Y. Oh, Cyril is...
[01:13:53.920 --> 01:14:05.360] Okay. I do not see it. Is it, is it not there?
[01:14:06.800 --> 01:14:10.720] I don't see it. Resend it. Okay. What's your, what's your email address?
[01:14:10.720 --> 01:14:17.760] Maybe I sent it to the wrong person. It's randy at ruleoflawradio.com.
[01:14:17.760 --> 01:14:25.200] Okay. Randy at ruleofradio.
[01:14:25.920 --> 01:14:31.360] No, ruleoflawradio, like this station you're talking on.
[01:14:32.400 --> 01:14:38.480] Okay. ruleoflawradio.com.
[01:14:40.080 --> 01:14:44.080] Okay. I'll, I'll make sure I try to send this to that address.
[01:14:44.080 --> 01:14:49.840] Randy at ruleoflawradio.com. All one word, right? Yes.
[01:14:51.280 --> 01:14:59.040] Okay. Please, please. Oh, dear God. I hope, I hope I'm, I'm able to send it to you and maybe
[01:14:59.920 --> 01:15:05.520] I don't know what's going on. Just, just go to ruleoflawradio.com website.
[01:15:05.520 --> 01:15:14.560] You can click on my email there. All right. Okay. And, and you'll see it tomorrow morning? Yes.
[01:15:15.920 --> 01:15:22.400] Okay. I, I'm going to try to send it as quick as I can tonight. But if this computer gives me a
[01:15:22.400 --> 01:15:26.880] problem, I'm going to have to take out another computer. I'm going to have to open the computer.
[01:15:26.880 --> 01:15:29.760] Okay. Well, I won't look at it until in the morning in any case.
[01:15:30.880 --> 01:15:33.760] All right. And you don't want me to call you? You just want me to send it to you?
[01:15:33.760 --> 01:15:37.520] Yes. Send it to me and I'll send you a phone number.
[01:15:39.280 --> 01:15:43.920] All right. Gotcha. All right. Please do. Oh, dear God, please. You've got to help.
[01:15:43.920 --> 01:15:48.320] Okay. I'll explain all this later why I'm doing this. Thank you very much.
[01:15:48.320 --> 01:15:57.120] Okay. Okay. Thank you, Brian. Okay. Now we're going to go to Sonny in Georgia. Hello, Sonny.
[01:15:58.480 --> 01:16:00.400] Good evening, Randy. How are you doing?
[01:16:00.400 --> 01:16:06.720] All right. Well, I was looking for this guy's emails and I got all of yours instead.
[01:16:10.960 --> 01:16:13.200] So what's, what are you up to now?
[01:16:15.120 --> 01:16:28.480] Well, I had a motion hearing, another one. I had requested a continuance
[01:16:28.480 --> 01:16:41.520] from the motion hearing to go and seek counsel from an attorney. And I did not get an attorney
[01:16:42.400 --> 01:16:49.040] because the court reporter never gave me the transcript that had the two officers testimony,
[01:16:49.040 --> 01:16:55.760] the two officers testified. And I thought that that would be important information to go
[01:16:55.760 --> 01:17:02.480] take to an attorney to talk to them about. I love logos. Without the shows on this network,
[01:17:02.480 --> 01:17:06.880] I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's no going
[01:17:06.880 --> 01:17:12.480] back. I need my truth fake. I'd be lost without logos. And I really want to help keep this network
[01:17:12.480 --> 01:17:16.640] coming here. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I really
[01:17:16.640 --> 01:17:21.840] don't have any money to give because I spent it all on supplements. How can I help logos?
[01:17:21.840 --> 01:17:27.040] Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos with
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[01:17:45.280 --> 01:17:52.160] anything different when I order? No. Can I use my Amazon Prime? No. I mean, yes. Wow. Giving without
[01:17:52.160 --> 01:17:58.560] doing anything or spending any money. This is perfect. Thank you so much. We are welcome. Happy
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[01:19:17.280 --> 01:19:22.800] Okay, we are back. We're at the Kelsen Reveal of our radio, and we're talking to Sonny and Georgia.
[01:19:22.800 --> 01:19:26.320] Okay, I kind of let you run off the cliff there, my bad.
[01:19:29.200 --> 01:19:37.440] That's okay. I had a motion hearing about a month ago, which I request today,
[01:19:37.440 --> 01:19:50.480] continuous, to go seek an attorney. I never got a transcript from that hearing,
[01:19:50.480 --> 01:19:56.000] and in that hearing, the two officers testified that they were supposed to bring
[01:19:56.800 --> 01:20:04.640] the evidence proving that they had territorial jurisdiction to even write a ticket at that
[01:20:04.640 --> 01:20:14.160] location. They did not bring any evidence, and they testified they were not experts,
[01:20:14.160 --> 01:20:21.680] which had no training in determining who owns property.
[01:20:23.840 --> 01:20:30.080] So they basically have no idea other than they just think that it's in the county.
[01:20:32.880 --> 01:20:41.360] And so this latest hearing that was just a couple of days ago, the judge sort of went off the rails.
[01:20:41.360 --> 01:20:50.320] I had about a week prior to the hearing, I had requested another
[01:20:50.320 --> 01:20:54.880] continuance because the court reporter had not given me the transcript.
[01:20:56.160 --> 01:21:03.920] I also requested that the prosecutor subpoena the officers
[01:21:03.920 --> 01:21:11.280] back to the next hearing. And the reason I did that was because
[01:21:12.400 --> 01:21:20.000] the judge ordered the prosecutor to subpoena the officers because the officers did not want
[01:21:20.000 --> 01:21:29.680] to give me their address to subpoena, to subpoena them by. So the prosecutor did not subpoena the
[01:21:29.680 --> 01:21:39.840] officers, and the judge denied my continuance. So I would think that the prosecutor would be in
[01:21:39.840 --> 01:21:54.240] contempt. I mean, she disobeyed an order from the judge. The judge in the hearing said that he
[01:21:54.240 --> 01:22:03.520] denied, not only did he deny the continuance, but he denied the subpoena to the officers,
[01:22:04.800 --> 01:22:10.080] which I think is evidence of ex parte communication between the prosecutor and the judge.
[01:22:11.600 --> 01:22:13.680] Yeah, because when did he deny those?
[01:22:13.680 --> 01:22:23.680] Well, he said that, well, he said in court that he denied it there, but
[01:22:26.720 --> 01:22:31.360] they were never subpoenaed. I actually filed a notice
[01:22:31.360 --> 01:22:45.680] into the, with the county clerk, I filed a notice requesting the prosecutor to subpoena
[01:22:45.680 --> 01:22:51.920] the officers and that if the continuance was going to be granted, that she didn't have to
[01:22:51.920 --> 01:23:03.520] subpoena them. But either way, for her to notice me on what's going on, well, she never noticed me.
[01:23:04.800 --> 01:23:10.960] She didn't subpoena the officers, which she was ordered by the judge to do,
[01:23:10.960 --> 01:23:24.000] which I would think would deny me subpoena. And I didn't get the continuance. So,
[01:23:26.320 --> 01:23:33.120] the... So, have these officers testified in court at all?
[01:23:33.120 --> 01:23:42.560] In the motion hearing, in the last, in the motion hearing, there was about a month ago.
[01:23:43.600 --> 01:23:51.040] They both testified in regards to the territorial jurisdiction
[01:23:51.040 --> 01:24:05.440] and challenge that I was arguing. And the judge never ruled on it then,
[01:24:06.560 --> 01:24:12.640] but in the hearing two days ago, the judge said, well, the officer said it was in the county and
[01:24:12.640 --> 01:24:23.920] so that was pretty much good enough for him. But the interesting thing is that the judge
[01:24:23.920 --> 01:24:30.720] said in court, and this is on the transcript. I did get the transcript from this hearing two days ago.
[01:24:33.920 --> 01:24:40.000] And the judge said that the documents proving territorial jurisdiction don't exist
[01:24:40.000 --> 01:24:49.840] because they're impossible to produce. I almost think that he just gave me the case right there.
[01:24:51.280 --> 01:24:58.160] I would think so. There's no way to determine territorial jurisdiction.
[01:25:01.120 --> 01:25:07.680] Well, that's what he's saying, but you clearly can because all land
[01:25:07.680 --> 01:25:16.160] doesn't matter. If the judge has ruled that it doesn't exist and can't reproduce, that's it.
[01:25:21.280 --> 01:25:27.360] It doesn't matter if it can or not. They've already screwed that pooch.
[01:25:27.360 --> 01:25:36.800] So I'm thinking now it would just be summary judgment.
[01:25:39.760 --> 01:25:42.240] Summary judgment? Summary judgment.
[01:25:45.600 --> 01:25:52.960] Who could dismiss for lack of territorial jurisdiction as the court cannot prove territorial
[01:25:52.960 --> 01:26:04.480] jurisdiction? Yeah, I would think so. And if he still tries to proceed,
[01:26:04.480 --> 01:26:07.680] I think that the appellate court would have something to say about that.
[01:26:08.240 --> 01:26:09.360] I think they would.
[01:26:14.960 --> 01:26:20.160] Okay, that sounds pretty good. How long have you been in court on these tickets?
[01:26:20.160 --> 01:26:28.480] Since March of 2015. And they haven't got past jurisdiction yet?
[01:26:30.000 --> 01:26:38.640] Not yet. I'm telling you, Randy, you would not. Well, I guess you would believe what the things
[01:26:38.640 --> 01:26:51.040] that he said. He said that he doesn't need any further hearings. He pretty much shut it all down.
[01:26:52.320 --> 01:26:59.920] He said he doesn't need any further hearings. He's completely ignoring the fact that I need
[01:26:59.920 --> 01:27:04.320] the hearings. I'm the one requesting the hearings and I have a right to the hearings.
[01:27:04.320 --> 01:27:13.280] But he's saying he doesn't need any further hearings. He said that for the record, he said
[01:27:15.760 --> 01:27:22.000] what his ruling on my motions will be, he said, quote, I am not going to grant your motions.
[01:27:22.640 --> 01:27:27.920] Even though he said he only generally reviewed them, he said is that the court
[01:27:27.920 --> 01:27:36.400] agent getting real thin, what are we going to say? Move to disqualify and charge him.
[01:27:36.400 --> 01:27:41.600] I would file with the feds for denial of due process.
[01:27:44.960 --> 01:27:48.080] Denied you your right to petition the court for redress agreements.
[01:27:48.080 --> 01:27:56.400] It's not his place to determine what evidence is brought to the court.
[01:27:57.840 --> 01:28:03.840] His place to determine what evidence meets the rules of evidence, but not what's brought.
[01:28:05.840 --> 01:28:10.080] And he's preventing you from bringing law and facts to the court.
[01:28:11.440 --> 01:28:12.560] As well as witnesses.
[01:28:12.560 --> 01:28:21.920] So move to disqualify and file against him criminally. That's what judges don't get.
[01:28:21.920 --> 01:28:26.560] Lawyers won't do that, but you can file against him criminally for denying you your rights.
[01:28:30.560 --> 01:28:35.360] Yeah, I think it is time for that.
[01:28:35.360 --> 01:28:44.720] Have you got a copy of my request for financial disclosure from the court?
[01:28:46.400 --> 01:28:47.360] No, I'm not sure.
[01:28:50.320 --> 01:28:52.080] Send me an email. I'll send you a copy.
[01:28:54.080 --> 01:28:56.400] This is a drive to judge up the wall.
[01:28:58.000 --> 01:29:00.640] This is a telling you think he's been bought and paid for.
[01:29:00.640 --> 01:29:08.080] And you're looking for evidence to support it. It's going to stain him regardless.
[01:29:09.920 --> 01:29:15.360] If he answers it, it's going to be as if you have reason to believe he's corrupt.
[01:29:16.000 --> 01:29:21.040] If he doesn't answer it, it's going to look like he's corrupt and he's afraid to answer it.
[01:29:21.040 --> 01:29:29.680] So no matter what he does, this poisons his well.
[01:29:31.840 --> 01:29:36.960] Okay, hang on. About to go to break. We've got one more caller. Oh, we've got two more callers.
[01:29:36.960 --> 01:29:38.320] I need to move along here, sonny.
[01:29:39.760 --> 01:29:45.040] Rude of Law radio. Call in number 512. Dad, never mind. We're not going to have time for that.
[01:29:45.040 --> 01:29:53.680] We've got two segments, two callers. Hang on. We'll be right back.
[01:30:02.800 --> 01:30:07.840] Since 9-11, our government has used invasive measures like warrantless phone taps to keep
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[01:31:20.720 --> 01:31:26.320] Constitution. I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com.
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[01:33:05.280 --> 01:33:33.520] radionetwork.com. Okay, we are back. Randy Kelton with the Logo radio.
[01:33:36.240 --> 01:33:43.280] I wonder what that meant. So that doesn't look good.
[01:33:50.000 --> 01:33:54.000] I can't tell if I'm on the air or not, so I'll have to assume that I am.
[01:33:56.000 --> 01:34:02.960] Okay, I'm by a producer who tells me I'm on the air. We had a little extra beepies there
[01:34:02.960 --> 01:34:11.040] that got confusing. Okay, Sonny, are you there? Yes, sir. Oh, good. That means I'm on the air.
[01:34:12.240 --> 01:34:18.880] I've got some of my radio station pages are crashing around me as long as my producer
[01:34:18.880 --> 01:34:28.560] stays upward good. Okay, it must be the storm. Okay, I would certainly want to go after this
[01:34:28.560 --> 01:34:33.680] judge. He's indicated that he's frustrated with the case. He's taken too long. He probably wants
[01:34:33.680 --> 01:34:40.080] to get it off his docket. He'd rather be playing golf. So he's indicated he's just going to blow
[01:34:40.080 --> 01:34:52.240] you off. Am I getting that right? Either that or he may be getting pressure from the chief judge
[01:34:52.240 --> 01:35:00.800] because I have a motion to recuse that I amended and I have filed a judicial conduct complaint
[01:35:00.800 --> 01:35:12.160] already and I've pretty basically accused him of lying. So, I mean, he may be feeling some pressure
[01:35:12.160 --> 01:35:19.680] from the chief judge to hurry up and make this thing go away because the chief judge can't
[01:35:19.680 --> 01:35:26.080] wait forever before he rules. So, now is a good time to file an amended motion to recuse?
[01:35:28.960 --> 01:35:37.200] I think so. It'll be amended motion number two. Yeah, so he's while the judge is sitting on it
[01:35:37.200 --> 01:35:44.800] and you might petition, you're in a county, what level court are you in?
[01:35:44.800 --> 01:35:50.080] This is actually superior court. So, I'd have to get a mandamus from the appellant court.
[01:35:50.880 --> 01:35:53.760] Yeah. Oh, that's federal court of appeals.
[01:36:00.000 --> 01:36:06.560] If it's a superior court, you would, you'll file your mandamus with the court that would hear an
[01:36:06.560 --> 01:36:16.000] appeal in the case. Okay. That's if whatever court you're in, if you're looking to file a
[01:36:16.000 --> 01:36:22.800] mandamus, you always look to the court that would handle the appeal. We actually had that come up
[01:36:22.800 --> 01:36:30.800] earlier in the day. Okay, go for it. Yeah. I do need to move along. I've got two more callers.
[01:36:30.800 --> 01:36:36.880] Did you have any other questions? That's pretty much it. I've just never seen
[01:36:38.080 --> 01:36:46.480] the judge act quite like this. And I mean, just to be so blatantly,
[01:36:49.840 --> 01:36:57.600] just denying of due process and rights. And I mean, when he just tells me, oh, I don't need
[01:36:57.600 --> 01:37:04.640] witnesses for any of my other motions. I just thought that was for me to determine.
[01:37:05.920 --> 01:37:11.680] So, he didn't not take a shot. He gave me an opportunity to take a shot at him. So, go right
[01:37:11.680 --> 01:37:22.960] ahead. I think I will. The amended motion and a mandamus ordering the administrative judge to
[01:37:22.960 --> 01:37:32.080] rule on your recuse of motions. And if you get a recuse of motion, you move to void all the
[01:37:32.080 --> 01:37:42.320] judgments of this judge. Yeah. And the summary judgment because there's no territorial jurisdiction.
[01:37:42.960 --> 01:37:45.920] Would they do that one first? That would get it off the docket.
[01:37:47.360 --> 01:37:51.600] Do that one before you do anything else because he's already made that statement. That was
[01:37:51.600 --> 01:38:04.320] just a statement by the judge. So, he's already stated on the record that jurisdiction cannot
[01:38:04.320 --> 01:38:14.160] be proven. So, you move for summary judgment. Do that one first. And if he denies the summary
[01:38:14.160 --> 01:38:23.280] judgment, then you move, then you amend the deaconda complaint against him.
[01:38:24.480 --> 01:38:31.360] Okay. So, when you say moved for summary judgment with that,
[01:38:33.120 --> 01:38:38.000] is that a motion to dismiss based upon summary judgment?
[01:38:38.000 --> 01:38:44.480] Yeah. Okay. Since the judge has already ruled that the court can't prove
[01:38:44.480 --> 01:38:48.960] subject matter jurisdiction, then you move for summary dismissal.
[01:38:51.760 --> 01:38:59.920] Perfect. Okay. I need to move ahead. I've got two more callers and just under two segments.
[01:39:00.880 --> 01:39:04.320] Okay. Keep us up to date on what happens. Yes, sir.
[01:39:04.320 --> 01:39:10.800] Okay. Now, we're going to Craig in Louisiana. Hello, Craig.
[01:39:14.720 --> 01:39:22.640] Last time I talked to you, I told you about this young British state trooper gave me a ticket.
[01:39:22.640 --> 01:39:40.880] And I'm going to trial on that ticket. It's coming week. And you sent me a bunch of the
[01:39:41.600 --> 01:39:51.840] stuff from your ticket site. And I went through all those documents. And most of that I just,
[01:39:51.840 --> 01:39:58.480] I can't use because it pertains to the Texas law. And I'm, you know...
[01:39:58.480 --> 01:40:05.040] Yeah. You're in Louisiana. And Louisiana is like another country.
[01:40:06.000 --> 01:40:14.560] Right. And what I came up with was, and I did this once before with the common law,
[01:40:15.680 --> 01:40:18.080] the fall process. Are you familiar with that process?
[01:40:18.080 --> 01:40:23.680] No, I'm not. You kind of explain it.
[01:40:26.080 --> 01:40:35.280] Well, it's basically, it's based on common law. And, you know, it basically
[01:40:36.480 --> 01:40:46.080] speaks about you being not the description person. And it brings into jurisdiction. It's calling.
[01:40:46.080 --> 01:40:56.800] It has 13 different points. And finally gets to, it doesn't have jurisdiction over you.
[01:40:58.080 --> 01:41:06.080] And it goes through, you follow a series of documents. And what are you asking the court
[01:41:06.080 --> 01:41:12.240] to answer you? And when they don't answer you, they're in default. And then you go through
[01:41:12.240 --> 01:41:19.760] the first affidavit of truth. And then you end up filing a writ of precipice.
[01:41:22.080 --> 01:41:30.720] And the last document is mandamus. And where you're commanding the judge to dismiss.
[01:41:32.720 --> 01:41:40.080] And I went through this about six months ago. And I had this back then.
[01:41:40.080 --> 01:41:47.040] But I had got it. And I didn't really study it. I just went ahead and put it in because I was
[01:41:47.040 --> 01:41:54.960] in a hurry. And when I went to court, I really, it was the first time I'd done this. And the judge
[01:41:54.960 --> 01:41:59.760] just came out. I was the first, they called me up right away. The first person that was
[01:41:59.760 --> 01:42:05.120] state trooper there. And they wanted to let him go because it was a trial. Well, I mean,
[01:42:05.120 --> 01:42:13.920] they just start throwing these questions at me. And the judge started telling me that the prosecutor
[01:42:13.920 --> 01:42:21.680] was the one that had to make these decisions. And it was the whole thing left a bad taste in
[01:42:21.680 --> 01:42:27.520] my mouth. Like, you know, the bilingual anger between the prosecutor and the judge was telling me
[01:42:27.520 --> 01:42:34.800] something's going on here. And I didn't have enough knowledge to even sit up there and say,
[01:42:34.800 --> 01:42:41.040] you know, I object, you know, so I just, I just folded, they called it, called it a day and went
[01:42:41.040 --> 01:42:48.480] home. And, but I saw next time I'm going to be prepared. And so the guy I got these documents from
[01:42:50.000 --> 01:42:57.040] real knowledgeable guy, and he's got a good track record. So listen to a bunch of tapes,
[01:42:57.040 --> 01:43:07.600] other people doing this, I feel more confident about it. So I kind of want to throw in your
[01:43:09.040 --> 01:43:15.920] financial disclosures form in the mix here with this, just
[01:43:15.920 --> 01:43:32.640] just for the annoyance factor. Yeah. And just since I got that ticket, I've been on the road a
[01:43:32.640 --> 01:43:40.160] lot. And, and so I've got a couple other tickets. So I'm gonna have a lot of practice here. Music's
[01:43:40.160 --> 01:43:52.400] coming up, Rick and Randy. Okay, we'll be right back. Okay. There we go. Okay. I'm having a little
[01:43:52.400 --> 01:43:56.880] technical issues here. This Randy Kelton, we'll be right back.
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[01:46:25.360 --> 01:46:33.920] Okay, we are back. Randy Kelton from Legal101 Radio, and we're going to...
[01:46:35.680 --> 01:46:39.440] Oh, we're talking to Craig in Louisiana. Craig, we do need to move along. We've only got one
[01:46:39.440 --> 01:46:47.120] segment left. I've got two more callers. Okay. Well, I'm not gonna hold you up anymore. I just
[01:46:47.120 --> 01:46:56.080] want to send your email and request that financial disclosure, and I'll get back with it next week
[01:46:56.080 --> 01:47:02.320] and let you know what happens with that. Yeah, that'll be interesting. I want to hear how the
[01:47:02.320 --> 01:47:12.640] judges respond to it. Okay. All right. Okay. Thank you, Craig. Okay, now we're going to Shane in New
[01:47:12.640 --> 01:47:20.480] York. Hello, Shane. Hello, Randy. How are you doing? Doing good. What do you have for us today?
[01:47:21.600 --> 01:47:28.080] Okay. I haven't talked in a while, but I was the one at the issue with HSBC. Actually,
[01:47:28.080 --> 01:47:34.480] it's my mom's foreclosure. It's been going on for three years. And last week, we were going to do
[01:47:34.480 --> 01:47:41.120] some kind of audit and I emailed you, but I guess you're moving or you had some issues with the
[01:47:41.120 --> 01:47:49.520] office and that. But what I wanted to talk to you real briefly about is, I think if we talked
[01:47:49.520 --> 01:47:56.080] once about this before, but HSBC is the lead party in the foreclosure proceeding, but they lost a
[01:47:56.080 --> 01:48:02.640] note, the mortgage is not in their name, and the assignment has been assigned to some investing
[01:48:02.640 --> 01:48:08.560] company, MT2LG out in Irving, Texas. And I just got word about a week ago that they sold it. So,
[01:48:08.560 --> 01:48:18.800] it's been transferred four times just since 2011. That makes a mess. That makes it really hard for
[01:48:19.360 --> 01:48:26.640] the other side to establish agency standing in capacity. Correct.
[01:48:28.400 --> 01:48:33.840] But I can't speak to it directly unless I've got, do I have all of the documentation on this?
[01:48:33.840 --> 01:48:45.360] Yes, Fannie, you do. And I know that I can send me another email just reminding me about this,
[01:48:45.360 --> 01:48:49.600] so I'll know how to do the right search on your email address so I can find it.
[01:48:50.880 --> 01:48:55.120] Okay. And another thing I wanted to tell you is, well, you know what, I don't want to bore you
[01:48:55.120 --> 01:48:59.280] to that, but the bottom line is they have no standing. We can sit here and play games and all
[01:48:59.280 --> 01:49:03.840] that stuff and talk about all these wonderful things, you know, entry this, dock at that,
[01:49:03.840 --> 01:49:07.760] stand on stand, there's nothing connected them to anything. But it was really amazing. Remember
[01:49:07.760 --> 01:49:11.840] I called you about two weeks ago, I did that petition for disclosure, like you were just talking
[01:49:11.840 --> 01:49:19.840] about with another caller? Yes, yes. That very next day, boom, that you were right. They get
[01:49:19.840 --> 01:49:28.000] that judge, whoo. He came back and denied our motion to dismiss the foreclosure within 12 hours.
[01:49:28.000 --> 01:49:33.120] And you know, you remember, sometimes they sit on these things for weeks, even months.
[01:49:35.760 --> 01:49:40.320] So you're right. And by the way, he has not answered that petition for disclosure,
[01:49:40.320 --> 01:49:49.440] and I don't think he's going to. So yeah, that's good. So I need to figure out what to do
[01:49:51.680 --> 01:49:56.240] as a result of that. We petitioned the next higher court for a mandamus.
[01:49:56.240 --> 01:50:01.520] Well, the other thing too is, obviously, we're going to appeal and take it to the
[01:50:01.520 --> 01:50:06.720] Fourth Department of Rochester. But more importantly, we have a federal action,
[01:50:07.840 --> 01:50:13.520] as us as the action, my mom is the plaintiff in federal court in Buffalo, New York. And that's
[01:50:13.520 --> 01:50:19.040] been sitting there for what, maybe two years now. And the amended complaint was granted,
[01:50:19.040 --> 01:50:25.120] and the marshals are just ready to serve all parties that are linked to the plaintiff spot
[01:50:25.120 --> 01:50:27.520] in the state court. So that's still pending sitting there.
[01:50:29.600 --> 01:50:38.960] Okay, you can this is New York. I've got a assert in New York before the supreme
[01:50:40.320 --> 01:50:43.520] over New York case. And that case is seven years old.
[01:50:45.120 --> 01:50:49.360] And this guy bungled a whole bunch of it, but it's still hung in the courts.
[01:50:49.360 --> 01:50:56.080] Yeah. And it sounds like you're a bit more sophisticated in your filing.
[01:50:57.040 --> 01:51:02.160] You're a good chance you're just getting warmed up on these guys. So send me an email.
[01:51:02.160 --> 01:51:08.720] I'll go in and look at it. Maybe a little clog this weekend because we have a big family reunion
[01:51:08.720 --> 01:51:16.000] and family coming in. But early in the week, probably better to send me an email Tuesday.
[01:51:16.000 --> 01:51:21.040] Okay, I'll do that. But one thing I want to say before I leave you, because I know you have
[01:51:21.040 --> 01:51:26.800] one more caller, but that petition that we're suing the causes of action, I'm not going to
[01:51:26.800 --> 01:51:30.880] get into all the details right now, but it's been sitting here. What was really cool is the
[01:51:30.880 --> 01:51:36.160] federal judge granted in foreign purpose and he granted us to file the amended complaint.
[01:51:36.160 --> 01:51:39.520] And that's all been done and sitting at a doctor going on three months now.
[01:51:39.520 --> 01:51:45.680] But you know, Western New York, which is, you know, your buffalo is that right? Yes.
[01:51:46.880 --> 01:51:50.880] Is one of the busiest federal courthouses in the whole country. The number one.
[01:51:52.240 --> 01:51:56.560] Oh, interesting. That'll make it easier to annoy the judge.
[01:51:57.920 --> 01:52:03.120] Yes. So I was told he might not get to it till Christmas time, maybe not even to really
[01:52:03.120 --> 01:52:10.880] January before they serve him. That's all backed up there. That'll work. You may be able to
[01:52:11.760 --> 01:52:17.040] ask your mother to take half of what she would pay in a mortgage and put it in a bank account.
[01:52:18.800 --> 01:52:25.840] Exactly. And by the time they get to a point for where they could foreclose,
[01:52:25.840 --> 01:52:30.720] she'll have enough to come to them and offer them a deal and get that property for pennies on the
[01:52:30.720 --> 01:52:37.920] dollar. Well, like I said before, they already sold it four times since the foreclosure proceedings
[01:52:37.920 --> 01:52:44.400] have started. Yes. So these guys who are getting it, they've got it for pennies on the dollar.
[01:52:44.400 --> 01:52:50.000] So they've got a lot more room. When you start costing them attorney fees, they're going to
[01:52:50.000 --> 01:52:55.200] run out of money fast. So you, you waive some money at them, some recovery money, and they're
[01:52:55.200 --> 01:53:00.640] likely to take it and go on to more profitable business. Right. But one thing I want to talk
[01:53:00.640 --> 01:53:04.960] to you is the judge, I don't think he's going to answer that disclosure that you were talking about.
[01:53:06.560 --> 01:53:12.720] Good. You do a, you do a mandamus to the next higher court and waive it in front of them.
[01:53:14.080 --> 01:53:18.800] Right. Yeah. Right. Tell everybody you think he's corrupt.
[01:53:20.000 --> 01:53:24.480] Oh, you would not be. I'm skipping about probably 20 minutes of the story right now,
[01:53:24.480 --> 01:53:27.280] because I know you want to get to the last caller, but I just want to let you know is that
[01:53:27.280 --> 01:53:33.280] HSBC is trying to foreclose, but they have no paperwork with their name on it.
[01:53:33.280 --> 01:53:35.200] They don't even have a power of attorney for God's sake.
[01:53:36.880 --> 01:53:41.200] They're going to have a problem. What we want to look at, let's talk early in the week,
[01:53:41.200 --> 01:53:47.440] because I want to look at countersuing. Okay. Thanks, Randy. Take the, take the fight back
[01:53:47.440 --> 01:53:52.640] to them. Okay. Thank you, Shane. Now we're going to Ken in New York. Hello, Ken.
[01:53:52.640 --> 01:54:00.240] Hi, Randy. I just wanted you not to leave the night without knowing what RJI means.
[01:54:00.960 --> 01:54:08.000] I'm in Suffolk County, Long Island. I've talked to you in the past and RJI is request for judicial
[01:54:08.000 --> 01:54:14.640] intervention. That person, a previous caller was being sued. When you can't solve your problem,
[01:54:14.640 --> 01:54:20.880] you have to pay 95 bucks to get this form where you can start putting your motions in
[01:54:20.880 --> 01:54:30.400] and get a judge's 90 of case. Request for judicial intervention. Yeah.
[01:54:32.560 --> 01:54:40.480] Thank you very much. I had no idea what that meant. Well, here's what, in my hospital death
[01:54:40.480 --> 01:54:46.480] case that I talked to you about years ago, what happened was after I served an amended answer
[01:54:46.480 --> 01:54:56.880] and I provided enough exhibits and evidence to, how do you say, they didn't want to answer.
[01:54:56.880 --> 01:55:01.520] They didn't want to answer me back. Did there anything? For seven months, I kept checking
[01:55:01.520 --> 01:55:07.360] the court calendar and nobody had ever asked for a judge of files of RJI. And then finally,
[01:55:07.360 --> 01:55:13.360] they ended up offering me stipulation that discontinued with prejudice. That means they
[01:55:13.360 --> 01:55:17.040] wanted to run away from me or that means that I was really smart. I don't know.
[01:55:20.160 --> 01:55:26.160] So that worked out for you? Yes. And we had talked further about quite
[01:55:26.160 --> 01:55:32.000] time because there was a hospital fund involved. And it turns out what I never called you again
[01:55:32.000 --> 01:55:40.320] about, I just hadn't updated you, is that I had three attorneys tell me that you can't have a quite
[01:55:40.320 --> 01:55:45.680] camera of false claims or whistleblower when one state agency is screwing another one.
[01:55:50.400 --> 01:55:57.120] Now I know why the state of New York maintains its own hospital aid fund and would take Obamacare,
[01:55:57.120 --> 01:56:01.760] still going on today. I think I'm going to stop publishing my case because it's
[01:56:01.760 --> 01:56:12.080] sitting in the court record. And they ended up walking away from me. Walking away? Had they sued
[01:56:12.080 --> 01:56:19.360] you? What I mean was they sued me. And then when we got to the point where I served them the answer,
[01:56:19.360 --> 01:56:25.760] I had documented, I used guidelines to beat them, interpretive guidelines from the New York
[01:56:25.760 --> 01:56:34.480] Department of Health, not the law itself. So you're using rules? Well, no, actually
[01:56:36.320 --> 01:56:40.800] if you're using agency determinations, they stand in front of case law.
[01:56:42.080 --> 01:56:47.920] He told the senior attorney that wrote them, I actually got to the senior attorney, he told me
[01:56:48.480 --> 01:56:54.080] rules, the guidelines are not rules. And I said to him, oh, of course, I didn't know what I was
[01:56:54.080 --> 01:56:59.040] talking about at the time. But the guidelines are what the hospital lives by and dies by.
[01:57:00.960 --> 01:57:10.160] Well, if it walks like a duck, I know. So the lawyer can say whatever he wants to.
[01:57:11.440 --> 01:57:17.280] Right. But he was the one that clarified the law. He said to me, I can't give you legal advice,
[01:57:17.280 --> 01:57:22.880] but I said to him, certainly you can clarify the law for me. So, of course. And I started
[01:57:22.880 --> 01:57:28.400] pointing out all of the illegal things that they were doing. And he said, they can't do that. And
[01:57:28.400 --> 01:57:34.800] I said, well, he did. For example, he said, current income only. And I was out of work.
[01:57:35.520 --> 01:57:40.160] And I had no income. And I had stopped my unemployment insurance, so I wouldn't be
[01:57:40.160 --> 01:57:46.800] committing a felony. And then he, they had insisted that I have to give him the year before tax
[01:57:46.800 --> 01:57:56.800] return, which was completely illegal. Well, anyway, it ended well. Wonderful. That is good to hear.
[01:57:57.760 --> 01:58:02.800] But that's what your RJI is. You can't do the motions. You can't put motions in an answer in
[01:58:02.800 --> 01:58:08.320] New York because we tried that and almost ran the clock out. At the last I had to go to a library
[01:58:08.320 --> 01:58:14.080] and redo of one page because a friend suggested a motion. And the clerk told me you can't do a
[01:58:14.080 --> 01:58:20.800] motion once you get an RJI. And I got the form here and it shows it. I will definitely have to
[01:58:20.800 --> 01:58:28.400] look that up. And thank you for that information. That's I really hate acronyms. Okay, we are out
[01:58:28.400 --> 01:58:36.720] of time. Randy Kelton, Rudola Radio and Ken, don't be such a stranger. We'll be back next week.
[01:58:39.120 --> 01:58:43.520] We'll be back next week with our four out with two hour show on Thursday and four hour show on
[01:58:43.520 --> 01:58:46.480] Friday. Thank you all for listening and good night.
[01:59:13.520 --> 01:59:23.200] 888-551-0102 or visit us online at bfa.org. This translation is highly accurate and it comes
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