ROL_2017-09-08_16k_Hr3-4.timecode
[00:00.000 --> 00:05.480] The following news flash is brought to you by The Lone Star Lowdown.
[00:05.480 --> 00:13.080] Markets for Wednesday, September 6, 2017 closed with gold at $1,334.30 an ounce, silver $17.88
[00:13.080 --> 00:20.720] an ounce, Texas Crude $48.66 a barrel, Bitcoin is sitting at about $4,594 and Dashcoin is
[00:20.720 --> 00:29.320] up at $344 U.S. currency.
[00:29.320 --> 00:34.880] Today in History, the year 1943, the Monterey Institute of Technology, one of the largest
[00:34.880 --> 00:39.200] and most influential private universities in Latin America, is founded in Monterey,
[00:39.200 --> 00:40.200] Mexico.
[00:40.200 --> 00:41.200] Today in History.
[00:41.200 --> 00:48.720] In recent news, Iraqi authorities have opened criminal proceedings and set charges against
[00:48.720 --> 00:52.760] a 16-year-old German schoolgirl, Linda Winsall, who initially ran away from her family in
[00:52.760 --> 00:54.920] Germany in order to join ISIS.
[00:54.920 --> 00:58.960] She was captured by Iraqi authorities in the ISIS-controlled territory of Mosul back
[00:58.960 --> 00:59.960] in July.
[00:59.960 --> 01:04.840] And as recent as last month, she made headlines again when an officer of Iraqi's elite counterterrorism
[01:04.840 --> 01:08.040] unit told the Telegraph that she was a sniper for ISIS.
[01:08.040 --> 01:11.720] It was last year when Linda fled to Turkey, then into Syria, and eventually was smuggled
[01:11.720 --> 01:17.360] into Iraq, all the way from her hometown in Pulsnitz, to marry her Chechian ISIS fighter.
[01:17.360 --> 01:21.200] Iraqi security sources previously said that she worked with the ISIS moral police, which
[01:21.200 --> 01:25.760] is responsible for conforming women to strict dress codes with anyone who did not obey facing
[01:25.760 --> 01:27.960] a whipping or even wars.
[01:27.960 --> 01:32.000] But it is still unclear if Linda was involved in the actual act of punishing or if she just
[01:32.000 --> 01:34.720] reported on the women who had failed to comply.
[01:34.720 --> 01:38.680] Speaking anonymously, an Iraqi soldier told reporters that they found her with a gun in
[01:38.680 --> 01:43.480] her hand next to her Chechian husband, who was then killed by Iraqi forces in a firefight.
[01:43.480 --> 01:46.960] She said that she had killed a number of our men in battle.
[01:46.960 --> 01:51.800] Iraqi MP Vian Dakhil continued to back up the claims that she was found with explosives
[01:51.800 --> 01:54.160] and was ready to attack the advancing troops.
[01:54.160 --> 01:58.040] Technically Iraqi authorities could sentence her to death for fighting for the theocratic
[01:58.040 --> 02:02.680] militant group, although unlikely since, believe it or not, German authorities are engaging
[02:02.680 --> 02:07.240] in high-level talks with Baghdad to see if she can be brought home and be reunited with
[02:07.240 --> 02:12.800] her family.
[02:12.800 --> 02:16.480] Police at Henry County Police Department and Atlanta Surveyor are trying to find the owner
[02:16.480 --> 02:20.480] of a tiger who was shot dead by police after it wandered into a neighborhood and attacked
[02:20.480 --> 02:21.480] a dog.
[02:21.480 --> 02:25.640] He was shot around 6 a.m. Saturday morning on a highway then running to a nearby community
[02:25.640 --> 02:27.480] eventually attacking a neighborhood dog.
[02:27.480 --> 02:31.760] The PD stated that, quote, with the tiger in close proximity to a school bus route and
[02:31.760 --> 02:36.520] an densely populated area, officers made the decision to put the animal down with gunfire
[02:36.520 --> 02:41.160] fearing that occupants of the home could be in danger as well as others in the area.
[02:41.160 --> 02:54.480] The Militar Lowdown is looking for advertisers to have a product or a service you like to
[02:54.480 --> 02:55.480] advertise because feel free to give me a call at 210-363-2257.
[02:55.480 --> 03:02.480] This was Rick Brody with your Lowdown for September 6, 2017.
[03:02.480 --> 03:22.760] Okay, we are back, Randy Kelton, Ruva Radio, and we're going to Jimmy in California.
[03:22.760 --> 03:25.960] Hello Jimmy, what do you have for us today?
[03:25.960 --> 03:28.240] Hi Randy, how are you?
[03:28.240 --> 03:29.240] I'm good.
[03:29.240 --> 03:37.480] All right, so this is concerning a wrongful foreclosure.
[03:37.480 --> 03:46.920] The other side keep postponing the foreclosure sale and then on July the 6th they informed
[03:46.920 --> 03:52.040] me that the sale will be on July the 20th.
[03:52.040 --> 03:59.120] My friend went to the auction and after everybody was gone, there was nobody, then the auction
[03:59.120 --> 04:06.240] year conducted a private sale and he sold my property to a close trust that had closed
[04:06.240 --> 04:08.840] more than 10 years ago.
[04:08.840 --> 04:16.440] In the interim, I've been going back and forth with his attorneys, I got five RS4s against
[04:16.440 --> 04:17.440] the attorneys.
[04:17.440 --> 04:24.200] Okay, wait, wait, before we get away from this point, so you're saying that your property
[04:24.200 --> 04:27.880] was not sold at public auction?
[04:27.880 --> 04:30.400] That's correct.
[04:30.400 --> 04:37.880] The way this statute requires, but was sold to a company, you said that was out of business?
[04:37.880 --> 04:50.440] Yeah, so they say that the holder is a closed trust that closed almost 10 years ago.
[04:50.440 --> 04:57.840] And the nation star had transferred the beneficial interest of my house to itself, which is against
[04:57.840 --> 05:09.280] the Internal Revenue Code 860 FDNG and then reinserted it back into the closed trust like
[05:09.280 --> 05:17.680] at these two times, which is against the Internal Revenue Code 860 FDNG.
[05:17.680 --> 05:21.640] So every time they do this, they have to pay as much as like $500.
[05:21.640 --> 05:22.640] Wait a minute.
[05:22.640 --> 05:23.640] Hold on, hold on.
[05:23.640 --> 05:25.920] Something's not making sense here.
[05:25.920 --> 05:32.840] What was the legal ground that authorized them to sell your property at private sale?
[05:32.840 --> 05:39.240] Are you saying that someone already had a claim on your property?
[05:39.240 --> 05:46.680] Yeah, they claim that I was in default and I have to prove it.
[05:46.680 --> 05:50.120] No, stop, stop, wrong issue.
[05:50.120 --> 05:59.680] They sold your property, they put up your property for auction and it didn't sell at
[05:59.680 --> 06:00.680] public auction.
[06:00.680 --> 06:05.840] It is required by law to be sold at public auction and you're saying they sold it at
[06:05.840 --> 06:09.480] a private auction or a private sale?
[06:09.480 --> 06:10.480] That's correct.
[06:10.480 --> 06:15.560] They gave notice to everybody that the sale has been postponed to July the 20th.
[06:15.560 --> 06:22.120] Then at 1145, when everybody was gone, there was something like 15 people there.
[06:22.120 --> 06:26.080] Okay, hold on, hold on.
[06:26.080 --> 06:28.360] Never interfere with someone when they're screwing up.
[06:28.360 --> 06:32.040] You should ask some questions here.
[06:32.040 --> 06:44.200] Are you the only person who's ever had his property sold privately?
[06:44.200 --> 06:49.160] You should know the answer to that question.
[06:49.160 --> 06:52.560] Something doesn't sound right here.
[06:52.560 --> 06:57.880] Have you checked law to see under what authority your property was sold at a private sale?
[06:57.880 --> 07:03.480] Well, there is no authority, that's what I'm trying to say.
[07:03.480 --> 07:06.160] They basically conducted an illegal auction.
[07:06.160 --> 07:07.760] Okay, hold on, hold on.
[07:07.760 --> 07:13.720] Before you just start running in and saying, oh, they mistreated me, they mistreated me,
[07:13.720 --> 07:19.520] it sounds like something's going on here, something much bigger.
[07:19.520 --> 07:24.400] Now, just fighting you, they don't care about.
[07:24.400 --> 07:29.840] If you want to give them a reason to come to the table, you need something a lot bigger
[07:29.840 --> 07:33.240] than you.
[07:33.240 --> 07:39.560] Selling a property that's put up for a public auction, selling it privately and to a company
[07:39.560 --> 07:41.160] that doesn't exist.
[07:41.160 --> 07:49.160] I would want to know a lot more about this and how many other people has this been done
[07:49.160 --> 07:51.400] to.
[07:51.400 --> 07:59.280] You may be able to bring an issue against the trustee, the auctioneer.
[07:59.280 --> 08:08.960] Big enough that they may want to settle with you to get you to go away and leave them alone.
[08:08.960 --> 08:18.440] Whenever I'm in the case, I'm always looking for something that I can use against my opponent.
[08:18.440 --> 08:23.440] It certainly sounds like they gave you something you can use against them, but they need to
[08:23.440 --> 08:30.920] know more about what they're doing.
[08:30.920 --> 08:31.920] Am I making sense?
[08:31.920 --> 08:32.920] Yes.
[08:32.920 --> 08:37.160] I mean, there are a number of things that has been going on.
[08:37.160 --> 08:44.720] I know that part is reversible and I'm going to amend the complaint.
[08:44.720 --> 08:52.720] My main question to you is that I got an arrest warrant against five attorneys because they
[08:52.720 --> 08:57.320] are aggressively trying to file papers on me.
[08:57.320 --> 09:04.200] I had locked the gate and they were sending people with guns to serve them with papers.
[09:04.200 --> 09:10.600] I got five arrest warrant, I sent them to them by fax, and then I put it on the public
[09:10.600 --> 09:14.600] notice online through Zidane.
[09:14.600 --> 09:22.080] And then they went ahead and asked for the judge to issue a civil harassment against
[09:22.080 --> 09:23.080] me.
[09:23.080 --> 09:26.320] Now, here's the key here.
[09:26.320 --> 09:29.920] According to the papers that they were trying to serve me and they couldn't, but I went
[09:29.920 --> 09:35.680] to the docket and I got a copy of whatever they were trying to serve me.
[09:35.680 --> 09:39.200] They had to give me a minimum of five days notice.
[09:39.200 --> 09:45.040] However, on the September 1st, when I went to the court, one of the deputies who knew
[09:45.040 --> 09:48.160] me gave me the, served me the papers.
[09:48.160 --> 09:51.840] And then the hearing was on the September 5th.
[09:51.840 --> 09:57.080] So by law, I didn't have to go to the hearing because they had to give me a minimum of five
[09:57.080 --> 09:59.360] days notice.
[09:59.360 --> 10:03.440] Okay, you made a mistake.
[10:03.440 --> 10:11.160] You can waive the late filing, should have went to the hearing and objected to the hearing
[10:11.160 --> 10:15.320] based on lack of proper notice.
[10:15.320 --> 10:25.960] But by not going to the hearing, you waive the issue.
[10:25.960 --> 10:27.960] That makes sense.
[10:27.960 --> 10:33.320] You can't say you weren't given notice because you were.
[10:33.320 --> 10:40.600] So if you had not received any notice at all, then you'd have no reason to go.
[10:40.600 --> 10:45.260] But you did have notice, but the notice wasn't sufficient.
[10:45.260 --> 10:48.760] So you had to raise the issue of insufficient notice.
[10:48.760 --> 10:54.360] You may still be able to raise it, but it'll be much more difficult.
[10:54.360 --> 11:01.320] Well, my position is that I was not given proper notice and I'm going to write a letter
[11:01.320 --> 11:02.320] to that person.
[11:02.320 --> 11:06.600] Okay, no, here's the problem with that.
[11:06.600 --> 11:12.440] Some things are bars, some things you must plead.
[11:12.440 --> 11:18.800] If you weren't given proper notice, but you were given notice, then you have to plead
[11:18.800 --> 11:21.160] improper notice.
[11:21.160 --> 11:27.520] That's not automatic because you could be given notice the day before and say, oh, okay,
[11:27.520 --> 11:30.320] and go in there the next day and adjudicate your case.
[11:30.320 --> 11:32.160] You can waive improper notice.
[11:32.160 --> 11:34.760] Well, here's the thing.
[11:34.760 --> 11:38.720] According to the specific paperwork, there's a box there.
[11:38.720 --> 11:43.880] If the other side wanted to short their notice, they should have marked that and the judge
[11:43.880 --> 11:45.400] would have signed that.
[11:45.400 --> 11:48.640] But that particular box was not checked, which is...
[11:48.640 --> 11:49.640] What?
[11:49.640 --> 11:50.640] Okay.
[11:50.640 --> 11:59.280] The law is not always self-operating because there is a restriction.
[11:59.280 --> 12:06.480] That restriction doesn't automatically grant you relief.
[12:06.480 --> 12:12.280] You have to adjudicate your issues in certain cases and where you're given notice but not
[12:12.280 --> 12:18.040] given proper notice, you have to raise that issue before the court.
[12:18.040 --> 12:26.720] If you fail to raise the issue, they can claim that the doctrine of latches, L-A-T-C-H-E-S,
[12:26.720 --> 12:34.000] latches, latches goes to a situation where you have a right but you fail to exercise
[12:34.000 --> 12:37.520] that right, therefore you waived it.
[12:37.520 --> 12:42.480] What the other side is going to say is he knew this hearing was being held today.
[12:42.480 --> 12:45.200] He had noticed that he was being held today.
[12:45.200 --> 12:51.440] If he didn't feel like he had proper notice, he should have came here and addressed the
[12:51.440 --> 12:55.680] issue of improper notice with the court, but he didn't do so.
[12:55.680 --> 12:58.520] He just chose to sit on his rights.
[12:58.520 --> 13:00.600] Does that make sense?
[13:00.600 --> 13:06.000] Well, the counter argument is that I have settled expectations.
[13:06.000 --> 13:11.760] My settled expectations was five days, so it's not...
[13:11.760 --> 13:13.720] I already had that right.
[13:13.720 --> 13:18.240] I don't have to go there and argue that I have to have five days notice.
[13:18.240 --> 13:19.240] Okay.
[13:19.240 --> 13:24.080] What I'm telling you is you almost certainly do.
[13:24.080 --> 13:35.040] You may get them to cancel that, but not likely.
[13:35.040 --> 13:42.840] I'm just concerned that you missed an opportunity.
[13:42.840 --> 13:48.440] One of your rights, you have to express and you have to express them timely.
[13:48.440 --> 13:53.760] If you don't, the court's going to consider you waived them, and here you had notice if
[13:53.760 --> 13:54.760] not proper.
[13:54.760 --> 13:59.520] You simply had notice and you chose not to show up.
[13:59.520 --> 14:05.400] The courts are not going to look kindly on that.
[14:05.400 --> 14:12.960] You need to find a way around it, you need to check the case law on failing to exercise
[14:12.960 --> 14:19.240] the right to make sure you have an argument, just the fact that they should have done something
[14:19.240 --> 14:28.080] in a certain way doesn't necessarily guarantee you a win.
[14:28.080 --> 14:33.920] By the same token, two years ago, I had asked for a civil harassment order from the same
[14:33.920 --> 14:38.960] judge and they refused to give it to me because I didn't pay for it.
[14:38.960 --> 14:43.520] These guys, they asked for a different issue.
[14:43.520 --> 14:48.880] By not paying for it, you didn't invoke the jurisdiction of the court.
[14:48.880 --> 14:54.200] You have to meet certain requirements in order for the court to be able to hear what you
[14:54.200 --> 14:55.200] filed.
[14:55.200 --> 14:58.960] This was the court who raised the objection.
[14:58.960 --> 15:04.720] Had you given improper notice to the other side?
[15:04.720 --> 15:09.200] Had you given notice but not proper notice?
[15:09.200 --> 15:12.680] The other side didn't come and raise an issue.
[15:12.680 --> 15:16.760] I just filed an action for someone.
[15:16.760 --> 15:23.720] We filed a suit in California and she had a lawyer and I think he's been paid by the
[15:23.720 --> 15:29.320] other side because he filed a suit but he never served it.
[15:29.320 --> 15:36.200] But 15 days after the suit was filed, the lawyer on the other side filed an action to
[15:36.200 --> 15:41.600] remove a less pendants in this case.
[15:41.600 --> 15:46.960] So then we filed for some re-judgment and he said, hey, we didn't get proper service.
[15:46.960 --> 15:49.120] We're saying tough.
[15:49.120 --> 15:52.760] You had constructive notice.
[15:52.760 --> 15:56.760] If you didn't like the fact that you weren't served, you should have raised that as an
[15:56.760 --> 16:01.160] issue before you filed something in the court because once you filed something in the court,
[16:01.160 --> 16:03.600] you waived that objection.
[16:03.600 --> 16:12.120] You're in a similar situation where you had notice, you had constructive notice, if not
[16:12.120 --> 16:14.880] proper notice.
[16:14.880 --> 16:20.640] And you could have raised the issue of improper notice had you went to the court.
[16:20.640 --> 16:26.160] You had that right, but you waived it.
[16:26.160 --> 16:28.600] I hope I'm making sense here.
[16:28.600 --> 16:29.600] Yeah.
[16:29.600 --> 16:34.440] Well, I respect- It is sometimes a problem.
[16:34.440 --> 16:38.000] We expect the law to protect us.
[16:38.000 --> 16:40.960] It doesn't.
[16:40.960 --> 16:43.760] Rights belong to the belligerent litigant.
[16:43.760 --> 16:46.360] We got to get in there and demand them.
[16:46.360 --> 16:48.440] Okay, go ahead.
[16:48.440 --> 16:56.520] Yeah, I, as I said, I had five days set up expectations by the same papers they served
[16:56.520 --> 16:57.520] me.
[16:57.520 --> 17:00.320] So they cannot change the-
[17:00.320 --> 17:01.320] Dang, Cookie.
[17:01.320 --> 17:02.320] Cookie?
[17:02.320 --> 17:03.320] Me love cookies.
[17:03.320 --> 17:04.320] Oh, hi, Cookie Muncher.
[17:04.320 --> 17:06.320] No, these are yucky cookies.
[17:06.320 --> 17:07.320] Cookie?
[17:07.320 --> 17:08.320] Yucky?
[17:08.320 --> 17:09.320] No, no bad cookies.
[17:09.320 --> 17:11.120] You can't even eat these cookies.
[17:11.120 --> 17:12.120] These are cyber cookies.
[17:12.120 --> 17:13.120] No, can't eat it.
[17:13.120 --> 17:17.120] No, they are cyber cookies and they clog up your computer.
[17:17.120 --> 17:18.120] Me have apples.
[17:18.120 --> 17:19.120] Really?
[17:19.120 --> 17:21.480] Oh, that's an actual apple.
[17:21.480 --> 17:22.480] Yummy apple.
[17:22.480 --> 17:26.840] I'm going to throw away these yucky cookies in the trash.
[17:26.840 --> 17:33.000] I click control, shift, delete, and then scroll down to cookies and clear them.
[17:33.000 --> 17:34.560] Bye-bye, yucky cookies.
[17:34.560 --> 17:40.200] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.200 --> 17:46.240] side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.240 --> 17:47.240] new cookie.
[17:47.240 --> 17:48.240] New cookies?
[17:48.240 --> 17:49.240] For me?
[17:49.240 --> 17:51.040] Consider it an early Christmas present.
[17:51.040 --> 17:55.840] And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.840 --> 17:56.840] radio network, too.
[17:56.840 --> 17:57.840] These are cookies.
[17:57.840 --> 17:58.840] These are classified.
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[18:59.440 --> 19:00.440] next.
[19:00.440 --> 19:20.360] You are listening to the Logos Radio Network at www.logosradionetworks.com Okay, we are
[19:20.360 --> 19:21.360] back.
[19:21.360 --> 19:24.240] Randy Kelton, rule of law radio, and we're talking.
[19:24.240 --> 19:28.240] I've got you listed as Jimmy in California, but aren't you Fareed?
[19:28.240 --> 19:30.640] Could be.
[19:30.640 --> 19:34.840] Yeah, I recognize your voice.
[19:34.840 --> 19:39.640] Okay, it's a subtle issue.
[19:39.640 --> 19:42.080] We have to be aggressive in our adjudication.
[19:42.080 --> 19:45.600] Okay, I think we beat that point to death.
[19:45.600 --> 19:49.800] Okay, you had some other points you wanted to go to.
[19:49.800 --> 19:56.000] Yeah, so they got a civil harassment order against me.
[19:56.000 --> 20:01.720] And I basically want to counter that.
[20:01.720 --> 20:10.520] And then they are telling the judge, also they are filing for an unlawful detainer.
[20:10.520 --> 20:17.600] And the whole thing is fraud over layers of fraud.
[20:17.600 --> 20:24.880] And I went to the court and I found out that they have filed for a motion for them to just
[20:24.880 --> 20:30.000] post and mail the unlawful detainer.
[20:30.000 --> 20:39.000] The judge had actually moved the court, ex-partner, on the same day that they were moving the court
[20:39.000 --> 20:41.400] to get a civil harassment order.
[20:41.400 --> 20:45.600] And one of the reasons that I didn't go there, number one was because I didn't get the fact
[20:45.600 --> 20:50.920] they noticed, and second was that I didn't want to disturb with that unlawful detainer.
[20:50.920 --> 20:57.080] So that's the other reason.
[20:57.080 --> 21:05.840] So now that they have told my property to a closed entity, I'm going to amend the complaint
[21:05.840 --> 21:11.600] which was based on homeowner bill of rights to fraudulent foreclosure as well as whole
[21:11.600 --> 21:17.800] bunch, unclean hands and a whole bunch of other things.
[21:17.800 --> 21:19.640] But that's a different judge.
[21:19.640 --> 21:30.840] I think they are much better in abusing the color of the law to deny my due process.
[21:30.840 --> 21:34.120] Have you done any research into the judges?
[21:34.120 --> 21:41.920] Yeah, I mean all of them, 100% of them are getting paid illegally.
[21:41.920 --> 21:42.920] Okay.
[21:42.920 --> 21:54.200] Send me an information request and I'll send you the motion for judicial disclosure.
[21:54.200 --> 21:58.600] I put it together from California law.
[21:58.600 --> 22:05.160] The first part of it asks for disclosure of all of the issues that are required to be
[22:05.160 --> 22:09.480] disclosed by California law.
[22:09.480 --> 22:20.440] And then the second half of it asks for disclosure of issues or information that points toward
[22:20.440 --> 22:29.240] ways that judges have been prosecuted for laundering their payoff money.
[22:29.240 --> 22:33.360] What this will do is poison the judges well.
[22:33.360 --> 22:38.480] If the judge is being paid off, he's going to know you're looking behind the curtain.
[22:38.480 --> 22:41.160] He's going to want to get the heck out of there.
[22:41.160 --> 22:49.600] If the judge is not being paid off, you poison his well by raising these questions.
[22:49.600 --> 22:56.080] Then anything he rules against you can claim that it's because he's corrupt and has been
[22:56.080 --> 22:57.080] paid off.
[22:57.080 --> 23:02.080] We ask for disclosure and he refused to give it.
[23:02.080 --> 23:03.080] Yeah.
[23:03.080 --> 23:08.640] Yes, thank you for raising that up.
[23:08.640 --> 23:13.600] The thing is that all of them are corrupt, some of them are more, some of them are less.
[23:13.600 --> 23:17.760] These judge may be a little bit less corrupt than the rest of them.
[23:17.760 --> 23:21.600] I'm saying that if I do that, the alternative may not be as...
[23:21.600 --> 23:26.560] Because all of them literally are extremely corrupt, especially...
[23:26.560 --> 23:27.560] Okay.
[23:27.560 --> 23:33.680] So, where do you want to go from here?
[23:33.680 --> 23:38.920] Well, I got my arrest warrant.
[23:38.920 --> 23:42.920] I sent my papers to the grand jury.
[23:42.920 --> 23:47.360] Grand jury sent me a letter thanking me that they got it.
[23:47.360 --> 23:54.280] Today I got a letter from the grand jury, Foreman, the grand jury stating that they have
[23:54.280 --> 24:00.880] considered the matter and it appears to be outside of their problem, or it's not properly
[24:00.880 --> 24:07.640] within their problem, whatever that means, which is incorrect.
[24:07.640 --> 24:14.680] So, the grand jury is also not taking my complaint.
[24:14.680 --> 24:23.760] Well, you might respond to that with the grand jury to show them why it is within their province.
[24:23.760 --> 24:27.160] That's a good idea.
[24:27.160 --> 24:30.680] The grand jury scares everybody.
[24:30.680 --> 24:39.880] The fact that you're conversing with the grand jury is going to scare all of them.
[24:39.880 --> 24:43.680] You might get them to come to the table, I don't know in your position, you may be far
[24:43.680 --> 24:49.000] enough along, you can't get that done.
[24:49.000 --> 24:52.520] But it's certainly worth the try, just stay with the grand jury.
[24:52.520 --> 24:57.200] You might be able to convince them why they should pick it up.
[24:57.200 --> 25:05.840] It sounds like they gave you a substantive response, not just a form letter.
[25:05.840 --> 25:12.800] Yeah, it's signed in blue ink with the Foreman's name on it.
[25:12.800 --> 25:14.560] It sounds like the Foreman actually read it.
[25:14.560 --> 25:28.120] You might look at those issues that the Foreman might recognize as being improper.
[25:28.120 --> 25:32.440] The Foreman, the grand jury, that's a whole other animal.
[25:32.440 --> 25:39.920] This is something that the courts for the most part have no control over.
[25:39.920 --> 25:46.440] I know when I got criminal charges filed with the grand jury in Texas against all the highest
[25:46.440 --> 25:51.000] judges in Texas, they changed their policies immediately.
[25:51.000 --> 25:55.080] They didn't get indicted, but it sure terrified them.
[25:55.080 --> 25:57.200] They thought they were going to.
[25:57.200 --> 26:02.840] So the issue that I would be raising with this grand jury is that improper notice and
[26:02.840 --> 26:06.800] then going and getting a civil harassment, assigning, selling...
[26:06.800 --> 26:14.080] No, no, you have to raise criminal charges with the grand jury.
[26:14.080 --> 26:16.080] What did they do criminally?
[26:16.080 --> 26:25.720] So basically I passed my arrest warrant, right?
[26:25.720 --> 26:31.920] Okay, go back and pull up your official misconduct statute.
[26:31.920 --> 26:37.120] I don't have it memorized for California, but California definitely has one.
[26:37.120 --> 26:41.560] Just do a search for official misconduct and you look at it.
[26:41.560 --> 26:49.200] Where did a judge fail to perform a duty he was required to perform and in the process
[26:49.200 --> 26:53.960] deny you and the full and free access to or enjoy a middle right?
[26:53.960 --> 26:55.920] That's what you have to give to the grand jury.
[26:55.920 --> 27:02.240] That's what they get adjudicated.
[27:02.240 --> 27:08.440] How did they get you here by not following law, but not doing what they were supposed
[27:08.440 --> 27:09.440] to?
[27:09.440 --> 27:18.200] Well, according to the law, I'm entitled to a trial by jury and a due process that's
[27:18.200 --> 27:19.200] black and white.
[27:19.200 --> 27:20.200] No, it's not...
[27:20.200 --> 27:22.160] No, no, no, no, no, no, no, you're...
[27:22.160 --> 27:25.120] This is a different issue.
[27:25.120 --> 27:29.080] This is a contract issue.
[27:29.080 --> 27:39.480] The holder of the contract is acting in accordance with the contract.
[27:39.480 --> 27:41.840] This is well adjudicated in California.
[27:41.840 --> 27:46.520] They can do this.
[27:46.520 --> 27:48.600] That has already been ruled on.
[27:48.600 --> 27:53.240] You can't raise the older, you're in a good race, that argument.
[27:53.240 --> 27:58.560] But they never do it right.
[27:58.560 --> 28:04.080] Look at what the judge is required to do and find where he didn't do what he was required
[28:04.080 --> 28:05.160] to do.
[28:05.160 --> 28:11.640] That's what this whole show is about.
[28:11.640 --> 28:17.800] See, way too quiet.
[28:17.800 --> 28:22.760] I think Ian talking to you, I've talked to you several times.
[28:22.760 --> 28:29.600] It sounds like you've been in this fight too long because you're really focused on what
[28:29.600 --> 28:34.880] they've done to you and it's hard for you to step back and look at it from a different
[28:34.880 --> 28:35.880] perspective.
[28:35.880 --> 28:45.280] You need someone else to look at these, what the courts and the judges and the lawyers
[28:45.280 --> 28:53.280] involved have done and see where you can find criminal allegations against them.
[28:53.280 --> 28:57.720] That's what you have to take to the grand jury.
[28:57.720 --> 29:02.280] Judge has a duty to determine the facts in accordance with the rules of evidence, then
[29:02.280 --> 29:05.520] apply the laws that comes to him to the facts in the case.
[29:05.520 --> 29:12.480] If you can show that the facts and the law clearly dictated a specific ruling and the
[29:12.480 --> 29:18.720] judge gave a different one than charging with official misconduct, or failure to apply the
[29:18.720 --> 29:25.240] law to the facts, did I lose you?
[29:25.240 --> 29:29.840] No, no, I'm taking notes here.
[29:29.840 --> 29:35.280] Okay, that's something that the grand jury can look at.
[29:35.280 --> 29:40.040] Generally these judges go in there and render those bogus decisions and say, oh that's
[29:40.040 --> 29:44.800] okay if you don't like it, you can appeal to the Court of Appeals.
[29:44.800 --> 29:51.120] And I'm saying screw that, I'll appeal to the grand jury accusing you of official misconduct.
[29:51.120 --> 29:52.800] Hang on, go on to break.
[29:52.800 --> 30:02.000] Randy Kelton with Real Law Radio, we'll be right back.
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[33:02.760 --> 33:23.880] Free speech radio, LogosRadioNetwork.com Okay, we are back, we're in the kelton
[33:23.880 --> 33:24.880] with our radio.
[33:24.880 --> 33:27.880] Okay, we're talking to Jimmy in California.
[33:27.880 --> 33:30.480] Okay, Jimmy, does all that make sense?
[33:30.480 --> 33:31.480] Yeah.
[33:31.480 --> 33:33.600] Yeah, thank you for addition.
[33:33.600 --> 33:41.560] Okay, it might be a different approach to take because if you actually got to a grand
[33:41.560 --> 33:46.880] jury, now you've got everybody watching really close.
[33:46.880 --> 33:49.800] So good luck with that and keep us up to date on what happens.
[33:49.800 --> 33:55.320] I do need to move along, got a whole board of callers and we're running out of time.
[33:55.320 --> 33:56.320] Thank you, Jimmy.
[33:56.320 --> 34:07.160] Now we're going to, oh, this is Jermaine, I've got you listed, Jermaine in Tennessee.
[34:07.160 --> 34:08.160] Hello, Jermaine.
[34:08.160 --> 34:09.160] Hey, Ray.
[34:09.160 --> 34:15.680] Yeah, I've got you listed as Ariana in Florida.
[34:15.680 --> 34:20.560] I'll call you Ariana from now on.
[34:20.560 --> 34:24.560] Okay, what do you have for us today?
[34:24.560 --> 34:30.560] Hey, I got a new call on three-way, do you want to speak to you?
[34:30.560 --> 34:32.800] Wait, hold on, hold on, hold on.
[34:32.800 --> 34:35.800] Are you on a speakerphone?
[34:35.800 --> 34:39.800] No, no, I'm not on speakerphone.
[34:39.800 --> 34:42.560] Oh, that is much better.
[34:42.560 --> 34:44.560] Okay, go ahead.
[34:44.560 --> 34:49.280] Okay, I got a new call on three-way right now, if you want to speak to you and I'll
[34:49.280 --> 34:55.400] send you some emails and Deborah, concerning the situation we talked about last time, that
[34:55.400 --> 34:58.560] her husband, Barn, getting revoked it.
[34:58.560 --> 35:04.960] Okay, bring everybody up to date on where you're at.
[35:04.960 --> 35:10.720] Okay, her husband, Barn, got revoked and the last time I called the show, we talked and
[35:10.720 --> 35:22.840] he said about fine motion, a motion for bail, or something like that, but I'll just speak
[35:22.840 --> 35:28.720] to her real quick, she's home, Ms. Isra, can you hear me?
[35:28.720 --> 35:29.720] Yes, I'm here.
[35:29.720 --> 35:33.080] Okay, go ahead and speak to her, this is Ray.
[35:33.080 --> 35:40.320] Okay, your husband's bond was revoked, does your husband have counsel?
[35:40.320 --> 35:41.320] He does.
[35:41.320 --> 35:49.320] Did he ask counsel for to request a bond here?
[35:49.320 --> 36:04.400] He has, I have, and the attorney, okay, we had a court on the, what, two weeks ago after
[36:04.400 --> 36:10.720] he got arrested and I spoke with the attorney and he stated, well, I got your request to
[36:10.720 --> 36:14.800] do the bond hearing, well, he doesn't have court for another two weeks and that's when
[36:14.800 --> 36:17.920] we'll present it before the judge.
[36:17.920 --> 36:28.920] Okay, is this, okay, it's hard to ask questions to figure out why they, okay, they revoked
[36:28.920 --> 36:29.920] his bond.
[36:29.920 --> 36:39.480] Was this, okay, anytime they revoke a bond, it almost always calls for a bond hearing
[36:39.480 --> 36:42.840] to reset bond.
[36:42.840 --> 36:50.440] Was this a statutory revocation or was this revoked because of some violation of bond
[36:50.440 --> 36:56.760] that he, okay, let me explain what I'm saying, but once you put on bond, one of the things
[36:56.760 --> 37:01.120] you can't have happens, you can't be arrested for something else.
[37:01.120 --> 37:09.160] That causes a statutory revocation, but if you didn't show up when you were supposed
[37:09.160 --> 37:14.320] to, the judge can revoke your bond or not revoke your bond.
[37:14.320 --> 37:20.400] So was this something that was statutory or was it because of something the judge chose
[37:20.400 --> 37:21.400] to do?
[37:21.400 --> 37:28.440] It's something the judge chose to do because my husband has showed it to every court case
[37:28.440 --> 37:34.440] or court date, rather, and he has not violated bond.
[37:34.440 --> 37:39.760] He has not been arrested since the initial arrest back in February where he did bond
[37:39.760 --> 37:40.760] out.
[37:40.760 --> 37:49.720] Okay, have you looked in the public record to see why the bond was revoked?
[37:49.720 --> 37:52.160] Or specifically, who initiated this?
[37:52.160 --> 37:58.600] Did the judge do it on his own or did the prosecutors pursue it?
[37:58.600 --> 38:00.160] Prosecutors pursued it.
[38:00.160 --> 38:03.480] Let me come in and record Randy.
[38:03.480 --> 38:09.400] We sent you all the documents she took from the court record and in there, the prosecutor
[38:09.400 --> 38:16.280] filed a motion to challenge the bond owner on him.
[38:16.280 --> 38:23.240] When he went to the court, they arrested him, but her attorney didn't file a motion to
[38:23.240 --> 38:26.160] challenge that, but go ahead.
[38:26.160 --> 38:27.160] Okay.
[38:27.160 --> 38:30.520] First thing you should do is bar grieve the attorney.
[38:30.520 --> 38:35.080] Back up, did, is the attorney court appointed?
[38:35.080 --> 38:36.080] No.
[38:36.080 --> 38:37.080] Paid.
[38:37.080 --> 38:38.080] Paid.
[38:38.080 --> 38:39.080] Paid.
[38:39.080 --> 38:44.280] Paid and bar grieving for sure.
[38:44.280 --> 38:50.600] It's going to make him real unhappy, and the first thing he's going to do is move the
[38:50.600 --> 39:00.960] court for permission to withdraw, and then you have your husband oppose his withdrawal
[39:00.960 --> 39:04.080] because you've already paid him.
[39:04.080 --> 39:05.320] Right.
[39:05.320 --> 39:14.000] And then now you've got the lawyer in a position to where he's going to ask the courts to protect
[39:14.000 --> 39:15.640] him from his client.
[39:15.640 --> 39:20.440] Let me, you know, everything is about politics.
[39:20.440 --> 39:25.320] I know we're taught in school to believe that this is a land of law.
[39:25.320 --> 39:27.320] Well, it's no such thing.
[39:27.320 --> 39:29.320] It's a land of politics.
[39:29.320 --> 39:35.480] You'll never win your case simply because you have the law and the facts on your side.
[39:35.480 --> 39:39.160] You'll only win your case if you have the politics on your side.
[39:39.160 --> 39:47.200] When you go into court, if you're, when you go into court with a lawyer, you can think
[39:47.200 --> 39:51.400] of it as a four-sided chessboard.
[39:51.400 --> 39:57.520] You're sitting on one side, your lawyer's to your right, opposing counsel to your left,
[39:57.520 --> 39:59.400] the judge across from you.
[39:59.400 --> 40:03.560] Well, you have a relationship with your lawyer.
[40:03.560 --> 40:08.240] Your lawyer has a relationship with opposing counsel and the judge.
[40:08.240 --> 40:11.160] They work together all the time.
[40:11.160 --> 40:17.160] If you can't get inside that relationship, you're going to lose.
[40:17.160 --> 40:23.560] One way to get inside the relationship is use your lawyer's relationship with the judge
[40:23.560 --> 40:30.000] and opposing counsel as a way to give the judge and opposing counsel a reason to rule
[40:30.000 --> 40:34.480] in your favor to protect your lawyer from you.
[40:34.480 --> 40:39.400] I had my last case dismissed just exactly this way.
[40:39.400 --> 40:44.920] They protected my lawyer from me.
[40:44.920 --> 40:52.800] So you might consider bar-grieving your lawyer for failing to adequately adjudicate the case.
[40:52.800 --> 40:58.000] Now he's going to get real upset about that and he's going to ask the judge to allow him
[40:58.000 --> 41:00.000] to be removed from the case.
[41:00.000 --> 41:09.080] The problem he has is he's under contract and if you oppose it, now it puts the judge
[41:09.080 --> 41:16.480] in a tough position because if the judge allows him to withdraw, then he's interfered
[41:16.480 --> 41:21.520] with a private contract and that's forbidden by constitution, then you can sue the judge
[41:21.520 --> 41:22.520] personally.
[41:22.520 --> 41:28.040] Now, I'm talking about not being the victim.
[41:28.040 --> 41:30.040] They want you to be the victim.
[41:30.040 --> 41:34.080] They want you to always defend yourself.
[41:34.080 --> 41:37.440] You know, they get hundreds and hundreds of cases.
[41:37.440 --> 41:45.840] So they get immune to all of the pleas and excuses and reasons you may have why they
[41:45.840 --> 41:46.840] shouldn't be punished.
[41:46.840 --> 41:49.880] This is just a meal for them.
[41:49.880 --> 41:52.160] They're just turning the crank.
[41:52.160 --> 41:55.800] They're not going to pay any attention to you or your husband until you land on them
[41:55.800 --> 41:58.640] like a ton of bricks.
[41:58.640 --> 42:04.600] You can certainly expect the judge to rule against you out of hand at every turn.
[42:04.600 --> 42:11.160] So you got this lawyer here who knows both the judge and the other lawyer and when you
[42:11.160 --> 42:17.200] file a bar agreement against this lawyer, it's going to double his malpractice insurance
[42:17.200 --> 42:23.760] and it starts at $25,000 a year and your lawyer is going to get apoplexy because you've just
[42:23.760 --> 42:27.080] cost him a lot of money.
[42:27.080 --> 42:32.280] And so he's going to run to get removed and then when you oppose it, now the lawyer's
[42:32.280 --> 42:33.280] in a spot.
[42:33.280 --> 42:39.560] Now he goes to the judge and the prosecutor and said, look guys, I got this client here
[42:39.560 --> 42:42.440] who's busted my chops.
[42:42.440 --> 42:45.840] You need to help me out.
[42:45.840 --> 42:54.080] The judge dismissed the case against me to keep me from bar grieving my lawyer out of
[42:54.080 --> 42:55.080] business.
[42:55.080 --> 42:56.080] Does that make sense?
[42:56.080 --> 42:59.080] That makes a lot of sense, yeah.
[42:59.080 --> 43:01.680] I know it's hard.
[43:01.680 --> 43:04.040] It's hard to make that mental shift.
[43:04.040 --> 43:07.200] You really want to appeal to these guys.
[43:07.200 --> 43:11.520] You want to think these guys are good guys and they'll listen to reason.
[43:11.520 --> 43:13.880] They won't.
[43:13.880 --> 43:18.800] They hear the same things over and over and over and they just get immune to it.
[43:18.800 --> 43:24.560] So they're not going to listen to reason, they're not going to hear your arguments.
[43:24.560 --> 43:28.280] They're just turning the crank like they do every day.
[43:28.280 --> 43:31.880] The only way you're going to get anything from them is to get their attention.
[43:31.880 --> 43:38.440] A good swift kick in their professional behinds will get their attention.
[43:38.440 --> 43:41.480] I'm not going to make it any worse for your husband.
[43:41.480 --> 43:48.080] They're going to do the worst they think they can get away with anyway, but if he becomes
[43:48.080 --> 43:54.560] a problem for them and it starts threatening their careers, they're going to want him out
[43:54.560 --> 43:55.560] of there.
[43:55.560 --> 43:59.360] And that's what happened in my case, the prosecuting attorney.
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[45:00.000 --> 45:04.440] Are you the plaintiff or defendant in a lawsuit?
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[46:18.840 --> 46:28.560] We are back and we're talking to Jermaine in Tennessee if I can get my mouse to work.
[46:28.560 --> 46:30.560] There we go.
[46:30.560 --> 46:39.240] Okay, I know what I'm asking sounds difficult because it's contradictory to most everything
[46:39.240 --> 46:42.280] that's intuitive.
[46:42.280 --> 46:49.520] But if you're going to beat this case, you have to fight them.
[46:49.520 --> 46:55.560] And in your situation, you absolutely need to ask that lawyer to petition the court for
[46:55.560 --> 46:58.200] a bail hearing.
[46:58.200 --> 47:02.640] How long has your husband's case been working?
[47:02.640 --> 47:06.960] February 7th of this year.
[47:06.960 --> 47:08.960] Oh, that's not very long.
[47:08.960 --> 47:09.960] Well, yeah.
[47:09.960 --> 47:10.960] Okay, that's six, seven months.
[47:10.960 --> 47:15.520] They're probably getting ready to want to close up the case.
[47:15.520 --> 47:21.080] So they revoke his bond, throw him back in jail, and then they go to him and say, okay,
[47:21.080 --> 47:22.080] let's make a deal.
[47:22.080 --> 47:26.040] Has anybody come to him to make a deal recently?
[47:26.040 --> 47:29.640] No, not as of yet.
[47:29.640 --> 47:34.960] The judge, when he took him, when he took him into custody, he didn't put in an order
[47:34.960 --> 47:37.960] as to why he revoked the bond.
[47:37.960 --> 47:45.680] And then you need to file a bar grievance against your lawyer, or at least go to your
[47:45.680 --> 47:47.840] lawyer and say, what is the deal here?
[47:47.840 --> 47:53.200] Why was his bond revoked?
[47:53.200 --> 48:00.680] And if you don't get a satisfactory factory answer bar grieving, order him to set a bond
[48:00.680 --> 48:01.680] hearing.
[48:01.680 --> 48:02.680] Okay.
[48:02.680 --> 48:12.160] And if he objects, say, look, you can either do your job, or we can take action against
[48:12.160 --> 48:16.400] you for not doing your job, and he's going to know what that means.
[48:16.400 --> 48:23.160] Okay, let me explain where the lawyer lives.
[48:23.160 --> 48:29.480] You're led to believe that if you hire a lawyer, he's there to aggressively adjudicate your
[48:29.480 --> 48:30.480] rights.
[48:30.480 --> 48:33.720] He's not there for any such thing.
[48:33.720 --> 48:36.000] He's there to make money.
[48:36.000 --> 48:37.000] He's a businessman.
[48:37.000 --> 48:39.240] He's in business to make money.
[48:39.240 --> 48:41.280] So he's going to make money the best way he can.
[48:41.280 --> 48:46.640] The best way lawyers can make money is getting a retainer from you.
[48:46.640 --> 48:53.640] He feeds you this line of BS until you give him that $3,000, $5,000, $7,000 retainer.
[48:53.640 --> 49:00.720] Once he has a retainer, he's got a PAT set of motions he does, and the other side has
[49:00.720 --> 49:07.400] a PAT set of answers they file, and he does this flurry of motions.
[49:07.400 --> 49:11.760] And then he comes to you and tells you, oh, Mel, wow, this is a lot worse than I thought
[49:11.760 --> 49:12.760] it was.
[49:12.760 --> 49:16.360] We're going to need twice as much as a retainer.
[49:16.360 --> 49:21.440] Well, he asks you for an outrageous amount because he wants you to fire him and go get
[49:21.440 --> 49:22.440] another lawyer.
[49:22.440 --> 49:27.560] Because he's already got the retainer and used it up.
[49:27.560 --> 49:30.880] Now he's actually going to have to go in and adjudicate the case.
[49:30.880 --> 49:38.640] Well, he don't make as much money adjudicating the case as he does getting a retainer.
[49:38.640 --> 49:43.400] That may not be right, but that's how it works in the world you and I live in.
[49:43.400 --> 49:51.320] And this lawyer will not dare go into court and do anything that might annoy that judge
[49:51.320 --> 49:56.440] because that judge can jerk his bar card on a whim.
[49:56.440 --> 50:03.800] So you can't expect your lawyer to actively adjudicate your husband's case if there's
[50:03.800 --> 50:06.280] any chance it's going to annoy the judge.
[50:06.280 --> 50:10.520] Because the lawyer will tell you, man, I can't go in and get that judge mad at me.
[50:10.520 --> 50:16.160] I've got to bring other clients to this judge, and if he's mad at me, he'll screw my next
[50:16.160 --> 50:18.080] client to get back at me.
[50:18.080 --> 50:21.520] And that's exactly what they'll do.
[50:21.520 --> 50:24.840] So you need to give your lawyer possible deniability.
[50:24.840 --> 50:29.840] If you ever sit in court and you hear a lawyer come up there and say, your honor, the law
[50:29.840 --> 50:35.000] says this and the law says that, that's the lawyer doing his job.
[50:35.000 --> 50:43.600] But if the lawyer says, your honor, my client says, that's a signal to the judge.
[50:43.600 --> 50:45.960] Don't blame me for this.
[50:45.960 --> 50:51.600] My client made me do this, so don't get mad at me.
[50:51.600 --> 50:57.760] Every time that lawyer walks in the courtroom, he is dangling by his bar card.
[50:57.760 --> 51:02.880] And that's not a problem unless you don't understand that he's dangling by his bar card.
[51:02.880 --> 51:10.800] Once you understand it, now you can get a hold of the string holding the bar card.
[51:10.800 --> 51:15.160] That's why I say, or never win your case because he has a law and a facts on your side.
[51:15.160 --> 51:19.000] But win the case if you have the politics on your side.
[51:19.000 --> 51:27.600] So now you put your lawyer in a position to where you become more dangerous to his career
[51:27.600 --> 51:30.680] than the judge is.
[51:30.680 --> 51:35.720] Then he will work toward your benefit and he will give a signal to the judge.
[51:35.720 --> 51:42.920] My client says, don't blame me judge, my client's making me do this.
[51:42.920 --> 51:47.800] You do not need to worry if your lawyer is upset with you.
[51:47.800 --> 51:51.760] He's not your buddy.
[51:51.760 --> 51:54.960] He is under contract to work for you.
[51:54.960 --> 51:56.440] He don't have to like you.
[51:56.440 --> 52:00.320] He don't have to want to do what you tell him to do.
[52:00.320 --> 52:05.560] But he has to do it or you get to sue him for breach of contract.
[52:05.560 --> 52:07.560] Is this making sense?
[52:07.560 --> 52:11.120] It's making perfect sense.
[52:11.120 --> 52:16.320] It is hard to make that shift.
[52:16.320 --> 52:18.520] Your husband's under threat by these guys.
[52:18.520 --> 52:21.440] He wants to find a way to make the threat go away.
[52:21.440 --> 52:27.040] And the intuitive way to do it is to do whatever they want and try to get along with them.
[52:27.040 --> 52:35.760] Well, it just doesn't work because they have hundreds of people in there doing the same
[52:35.760 --> 52:40.440] thing all day every day is what they're used to.
[52:40.440 --> 52:44.560] You start going after them, raising questions they don't want to answer.
[52:44.560 --> 52:50.120] Now you become dangerous to their careers.
[52:50.120 --> 52:56.280] And further punishing you doesn't help them because you just come after them all the more.
[52:56.280 --> 53:01.880] Best way they can get you off their back is to get you out of there and get you back home
[53:01.880 --> 53:06.520] so they don't have to see you again.
[53:06.520 --> 53:14.960] So first thing to do is look at the case, look at it carefully and best remain to help
[53:14.960 --> 53:15.960] you with this.
[53:15.960 --> 53:23.360] Try to figure out where they themselves have failed to follow the proper procedures and
[53:23.360 --> 53:31.080] then start filing complaints against them about it or consist that your lawyer get in
[53:31.080 --> 53:39.320] there and file a bug for a bond hearing.
[53:39.320 --> 53:44.120] And tell him if you don't know that's malpractice.
[53:44.120 --> 53:50.200] You're not actively adjudicating my case and he'll know you're telling him I'm fixing
[53:50.200 --> 53:54.960] to sue you and cost you your malpractice insurance.
[53:54.960 --> 53:58.360] Bar grievances, this is how they work.
[53:58.360 --> 54:04.040] If you file a bar grievance against your lawyer, the state bar association is going to get
[54:04.040 --> 54:08.360] that grievance and they're going to throw it in the trash.
[54:08.360 --> 54:09.360] And that's a good thing.
[54:09.360 --> 54:13.800] They're going to throw it in the trash and they're going to send you this letter that
[54:13.800 --> 54:18.240] said we examined into your accusation, find it does not rise to the level of misconduct,
[54:18.240 --> 54:22.560] doesn't make any difference what you accuse your lawyer of.
[54:22.560 --> 54:30.560] The reason it's a good thing is your lawyer has an insurance carrier and that insurance
[54:30.560 --> 54:38.120] carrier has a broker and that broker is looking for a way to raise your lawyer's insurance
[54:38.120 --> 54:43.120] premium.
[54:43.120 --> 54:50.360] Then the only way he has to gauge his level of risk from your lawyer is by bar grievances.
[54:50.360 --> 54:52.840] Not valid ones because they throw them all out.
[54:52.840 --> 54:58.000] If you grieve your lawyer for part of his hair on the left, the state bar is going to
[54:58.000 --> 55:01.800] get that grievance, sends you a letter saying we examined into your accusation, if it does
[55:01.800 --> 55:09.120] not rise to the level of misconduct and his insurance carrier is going to double his insurance.
[55:09.120 --> 55:14.080] If it's his first year of practice, they will cancel immediately.
[55:14.080 --> 55:21.800] If it's your second year of practice, two bar grievances, any one year, they cancel.
[55:21.800 --> 55:29.640] Three, they cancel your law firm's malpractice insurance, valid, invalid, they don't care.
[55:29.640 --> 55:34.400] You buy a new car, you go down to Walmart, come out, somebody's best offender in, call
[55:34.400 --> 55:37.920] the insurance company, come out and fix it, double your premium.
[55:37.920 --> 55:43.680] Come back next month, somebody bashed another one in, they come out, they fix it, they cancel.
[55:43.680 --> 55:48.840] Another fault, their fault, nobody's fault, they don't care.
[55:48.840 --> 55:53.520] Same thing with malpractice that starts at 25 grand a year.
[55:53.520 --> 55:58.880] One bar grievance, your first year of practice, they will cancel immediately.
[55:58.880 --> 56:04.080] This is a giant hammer you have you could use on your lawyer.
[56:04.080 --> 56:07.000] You don't have to bar grieve him.
[56:07.000 --> 56:17.000] One good thing you can do is bar grieve the prosecutor on the other side, you'll be unhappy.
[56:17.000 --> 56:23.640] But if your lawyer or the prosecutor says one word about you bar grieving him, you can
[56:23.640 --> 56:31.000] bar grieve him for that.
[56:31.000 --> 56:36.120] The police officer who arrested him filed a press of contact complaint against him.
[56:36.120 --> 56:43.720] The police officer will get apoplexy, six professional conduct complaints, nobody will
[56:43.720 --> 56:47.600] hire this guy.
[56:47.600 --> 56:53.360] They don't raise his insurance rating, they raise the city's insurance rating because
[56:53.360 --> 56:54.360] of him.
[56:54.360 --> 57:02.040] So the city has to fire him, valid, invalid, nobody cares.
[57:02.040 --> 57:12.000] It is the insurance agent's job to charge his client as much as he possibly can and
[57:12.000 --> 57:15.120] then avoid paying any claims.
[57:15.120 --> 57:20.760] So if you file a bar grievance against your lawyer and the lawyer does not notice his
[57:20.760 --> 57:25.040] insurance carrier, he's not covered.
[57:25.040 --> 57:28.360] So he has to tell on himself, tea close.
[57:28.360 --> 57:37.200] Tea close will notice the bond carrier for the city that this officer got a tea close
[57:37.200 --> 57:38.200] complaint against him.
[57:38.200 --> 57:44.240] We had Scott on earlier and he talked about doing this two officers quit immediately when
[57:44.240 --> 57:49.440] he filed a professional conduct complaint against him.
[57:49.440 --> 57:52.440] These are really big deals.
[57:52.440 --> 58:01.360] And when you become more dangerous to him this way, they want you out of there, they
[58:01.360 --> 58:02.860] want you gone.
[58:02.860 --> 58:13.080] It's even worse or better if your husband has a wife who's doing this because your husband
[58:13.080 --> 58:17.960] has plausible deniability.
[58:17.960 --> 58:24.480] So you might look at that if you have any further questions, think about it a while
[58:24.480 --> 58:32.520] and then send me an email at randy at ruleofthelawradio.com.
[58:32.520 --> 58:38.280] Jermaine's got my email address and I happen to be in Tennessee at the moment.
[58:38.280 --> 58:41.400] Are you in Tennessee where?
[58:41.400 --> 58:42.400] Yes I am.
[58:42.400 --> 58:43.400] I'm up near Dresden.
[58:43.400 --> 58:44.400] My 94 year old hang on.
[58:44.400 --> 58:50.320] About to go to break, Randy Kelton will be right back.
[58:50.320 --> 58:54.440] Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.640] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.640 --> 59:00.960] can really help.
[59:00.960 --> 59:05.440] The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.440 --> 59:06.440] today.
[59:06.440 --> 59:10.320] It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.320 --> 59:13.440] to know God and to know the meaning of life.
[59:13.440 --> 59:18.720] The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.720 --> 59:23.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.920] of salvation, growing in Christ and how to build up the church.
[59:27.920 --> 59:32.920] To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.920 --> 01:00:00.680] Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:00.680 --> 01:00:05.440] The following news flash is brought to you by The Lone Star Lowdown.
[01:00:05.440 --> 01:00:11.760] Markets for Wednesday, September 6, 2017, closed with gold at $1,334.30 an ounce, silver
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[01:00:20.600 --> 01:00:29.240] is up at $344 U.S. currency.
[01:00:29.240 --> 01:00:34.800] Today in History, the year 1943, the Monterey Institute of Technology, one of the largest
[01:00:34.800 --> 01:00:39.120] and most influential private universities in Latin America, is founded in Monterey,
[01:00:39.120 --> 01:00:40.120] Mexico.
[01:00:40.120 --> 01:00:41.120] Today in History.
[01:00:41.120 --> 01:00:48.640] In recent news, Iraqi authorities have opened criminal proceedings and set charges against
[01:00:48.640 --> 01:00:52.680] a 16-year-old German schoolgirl, Linda Winsall, who initially ran away from her family in
[01:00:52.680 --> 01:00:54.840] Germany in order to join ISIS.
[01:00:54.840 --> 01:00:58.880] She was captured by Iraqi authorities in the ISIS-controlled territory of Mosul back
[01:00:58.880 --> 01:00:59.880] in July.
[01:00:59.880 --> 01:01:04.760] And as recent as last month, she made headlines again when an officer of Iraqi's elite counterterrorism
[01:01:04.760 --> 01:01:07.960] unit told the Telegraph that she was a sniper for ISIS.
[01:01:07.960 --> 01:01:11.640] It was last year when Linda fled to Turkey, then into Syria, and eventually was smuggled
[01:01:11.640 --> 01:01:17.280] into Iraq, all the way from her hometown in Pulsnet to marry her Chechian ISIS fighter.
[01:01:17.280 --> 01:01:21.120] Iraqi security sources previously said that she worked with the ISIS moral police, which
[01:01:21.120 --> 01:01:25.680] is responsible for conforming women to strict dress codes with anyone who did not obey facing
[01:01:25.680 --> 01:01:27.880] a whipping or even wars.
[01:01:27.880 --> 01:01:31.920] But it is still unclear if Linda was involved in the actual act of punishing or if she just
[01:01:31.920 --> 01:01:34.640] reported on the women who had failed to comply.
[01:01:34.640 --> 01:01:38.640] Speaking anonymously, an Iraqi soldier told reporters that they found her with a gun in
[01:01:38.640 --> 01:01:43.400] her hand next to her Chechian husband, who was then killed by Iraqi forces in a firefight.
[01:01:43.400 --> 01:01:46.880] She said that she had killed a number of our men in battle.
[01:01:46.880 --> 01:01:51.720] Iraqi MP Vian Dakhil continued to back up the claims that she was found with explosives
[01:01:51.720 --> 01:01:54.000] and was ready to attack the advancing troops.
[01:01:54.000 --> 01:01:57.960] Technically, Iraqi authorities could sentence her to death for fighting for the theocratic
[01:01:57.960 --> 01:02:02.600] militant group, although unlikely since, believe it or not, German authorities are engaging
[01:02:02.600 --> 01:02:07.160] in high-level talks with Baghdad to see if she can be brought home and be reunited with
[01:02:07.160 --> 01:02:12.680] her family.
[01:02:12.680 --> 01:02:16.400] Police at Henry County Police Department and Atlanta Serbler are trying to find the owner
[01:02:16.400 --> 01:02:20.400] of a tiger who was shot dead by police after it wandered into a neighborhood and attacked
[01:02:20.400 --> 01:02:21.400] a dog.
[01:02:21.400 --> 01:02:24.680] The dog was brought around 6 a.m. Saturday morning on a highway, then running to a nearby
[01:02:24.680 --> 01:02:27.640] community, eventually attacking a neighborhood dog.
[01:02:27.640 --> 01:02:31.720] The PD stated that, quote, with the tiger in close proximity to a school bus route and
[01:02:31.720 --> 01:02:35.800] an intensely populated area, officers made the decision to put the animal down, with
[01:02:35.800 --> 01:02:40.080] gunfire, fearing that occupants of the home could be in danger, as well as others in
[01:02:40.080 --> 01:02:41.080] the area.
[01:02:41.080 --> 01:02:53.760] Police at Henry County Police Department and Atlanta Serbler are trying to find the
[01:02:53.760 --> 01:03:14.760] owner of the tiger, who was shot dead by police, after it wandered into a neighborhood dog.
[01:03:14.760 --> 01:03:32.440] Police at Henry County Police Department and Atlanta Serbler are trying to find the owner
[01:03:32.440 --> 01:03:44.600] of the tiger, who was shot dead by police, after it wandered into a neighborhood dog.
[01:03:44.600 --> 01:03:52.880] Police at Henry County Police Department and Atlanta Serbler are trying to find the owner
[01:03:52.880 --> 01:04:06.240] of the tiger, who was shot dead by police, after it wandered into a neighborhood dog.
[01:04:06.240 --> 01:04:21.400] I'm thinking about the American Bar Association Standard and Model Standards for Lawyers.
[01:04:21.400 --> 01:04:32.680] One of the primary reasons you can file a grievance against a lawyer is not responding, not communicating
[01:04:32.680 --> 01:04:38.640] with his client, right up there in the front.
[01:04:38.640 --> 01:04:48.320] I'm going to suggest that you go to the, get online and look up the Tennessee Bar Association
[01:04:48.320 --> 01:04:54.360] and look up the Bar Association Standards and read through them.
[01:04:54.360 --> 01:05:01.840] Every state except three has adopted the American Bar Association Model Standards.
[01:05:01.840 --> 01:05:03.200] So they're all pretty much the same.
[01:05:03.200 --> 01:05:10.960] You're only concerned about the first two or three chapters, primarily the first two.
[01:05:10.960 --> 01:05:16.680] You read through those chapters and it'll read like a comic book.
[01:05:16.680 --> 01:05:25.440] You'll be laughing and giggling and all of the things you can sting your lawyer for.
[01:05:25.440 --> 01:05:34.400] Once he knows you know, that's going to give him plausible in liability because once he
[01:05:34.400 --> 01:05:43.200] knows that you understand how powerful a bar grievance is, it's like, holy crap, she's
[01:05:43.200 --> 01:05:47.600] on to my game.
[01:05:47.600 --> 01:05:52.080] So exactly the kinds of things you're talking about is exactly what they do.
[01:05:52.080 --> 01:06:00.200] Now, I'm not saying that your lawyer is necessarily a bad guy.
[01:06:00.200 --> 01:06:05.360] Most lawyers when they go to law school, they want to be able to help people.
[01:06:05.360 --> 01:06:10.800] Nobody ever told them when they started law school that you're going to spend the rest
[01:06:10.800 --> 01:06:17.440] of your professional career kissing some arrogant judges behind.
[01:06:17.440 --> 01:06:21.360] But that's the reality of where they live.
[01:06:21.360 --> 01:06:31.320] So the last lawyer I had that they dismissed the case to protect me from him, I'm sorry,
[01:06:31.320 --> 01:06:34.120] to protect him from me.
[01:06:34.120 --> 01:06:37.920] He was absolutely ecstatic.
[01:06:37.920 --> 01:06:41.680] First case he'd ever won.
[01:06:41.680 --> 01:06:48.160] But until they did, he was probably, the reason he was ecstatic is he finally dismissed it.
[01:06:48.160 --> 01:06:55.400] I didn't wind up putting him out of business, but they literally dismissed it to keep me
[01:06:55.400 --> 01:06:59.440] from bar grieving my attorney.
[01:06:59.440 --> 01:07:02.000] So think about it that way.
[01:07:02.000 --> 01:07:04.320] Not that he's a bad guy.
[01:07:04.320 --> 01:07:11.600] He stuck inside a system he did not create, but he stuck with it.
[01:07:11.600 --> 01:07:18.080] So the only way he can do the right thing and get a win here is for you to give him plausible
[01:07:18.080 --> 01:07:19.080] deniability.
[01:07:19.080 --> 01:07:26.560] And when you give him plausible deniability, it's going to make him really, really unhappy.
[01:07:26.560 --> 01:07:29.840] Well, life is tough.
[01:07:29.840 --> 01:07:35.280] You know, I think about these guys like I do with my grandkids.
[01:07:35.280 --> 01:07:37.840] I love them dearly.
[01:07:37.840 --> 01:07:44.040] And if one of them runs out in the road, I'm fixing to tan his hide.
[01:07:44.040 --> 01:07:49.640] So you might have to tan your lawyer's hide a little bit or at least make him think you're
[01:07:49.640 --> 01:07:52.320] going to.
[01:07:52.320 --> 01:08:01.880] So think about it and then talk to Jermaine and send me an email if you have any questions.
[01:08:01.880 --> 01:08:02.880] Oh, definitely.
[01:08:02.880 --> 01:08:03.880] Definitely.
[01:08:03.880 --> 01:08:09.160] Hey, wait, wait, wait.
[01:08:09.160 --> 01:08:13.400] Jermaine, do you have your head stuck in the toilet?
[01:08:13.400 --> 01:08:15.200] No, man.
[01:08:15.200 --> 01:08:18.480] Are you on a speakerphone?
[01:08:18.480 --> 01:08:24.840] No, I'm inside this truck and it could be the truck.
[01:08:24.840 --> 01:08:26.240] Are you deadheading?
[01:08:26.240 --> 01:08:27.240] No.
[01:08:27.240 --> 01:08:30.360] Okay, that's one of my truck driver jokes.
[01:08:30.360 --> 01:08:31.360] Okay.
[01:08:31.360 --> 01:08:34.360] If you were closer to the mic or something, you were sounding terrible.
[01:08:34.360 --> 01:08:35.360] Okay.
[01:08:35.360 --> 01:08:36.360] All right.
[01:08:36.360 --> 01:08:37.360] One by now.
[01:08:37.360 --> 01:08:38.360] That's much better.
[01:08:38.360 --> 01:08:39.360] One by now.
[01:08:39.360 --> 01:08:40.360] That's good.
[01:08:40.360 --> 01:08:41.360] I can hear you now.
[01:08:41.360 --> 01:08:47.240] Is there anything that you can prove about the judge not filing a order of why you're
[01:08:47.240 --> 01:08:49.880] located to file?
[01:08:49.880 --> 01:08:51.560] Okay.
[01:08:51.560 --> 01:09:00.560] I'm thinking that she's a gadfly.
[01:09:00.560 --> 01:09:05.360] She might go down there and go to her attorney and demand it from her attorney.
[01:09:05.360 --> 01:09:07.680] Let's do this off the air.
[01:09:07.680 --> 01:09:09.680] It's a little more complex.
[01:09:09.680 --> 01:09:18.400] I have to think about how to use the wife, how to introduce the court or the judge and
[01:09:18.400 --> 01:09:27.720] the prosecutor to the court of angry wife because the wife is out of their reach.
[01:09:27.720 --> 01:09:31.040] They can beat them up and there's not anything they can do about it.
[01:09:31.040 --> 01:09:34.360] They can't even complain about it.
[01:09:34.360 --> 01:09:43.160] So let's talk off the air and I need to get a better understanding of the position here
[01:09:43.160 --> 01:09:50.840] before I give any specific advice that might lead to bad outcomes.
[01:09:50.840 --> 01:09:51.840] Okay.
[01:09:51.840 --> 01:09:59.960] I'm talking about somebody's liberty here and I don't want to see him cavalier about
[01:09:59.960 --> 01:10:02.520] her husband's liberty.
[01:10:02.520 --> 01:10:05.760] That's the most important thing to me.
[01:10:05.760 --> 01:10:06.760] Okay.
[01:10:06.760 --> 01:10:18.600] Being in jail myself, I know it's not fun, but I got out when I went on the attack and
[01:10:18.600 --> 01:10:21.760] started filing criminal charges against everybody.
[01:10:21.760 --> 01:10:24.960] They couldn't get me out of there fast enough.
[01:10:24.960 --> 01:10:29.600] I filed 25 criminal complaints against the judge and the prosecutor.
[01:10:29.600 --> 01:10:37.400] Two days later, I was out and it took two days because I didn't accept the first deal.
[01:10:37.400 --> 01:10:38.400] Okay.
[01:10:38.400 --> 01:10:40.320] I do need to move on.
[01:10:40.320 --> 01:10:47.600] I've got two more callers, but think about it and then send me an email and we'll talk.
[01:10:47.600 --> 01:10:48.600] Okay.
[01:10:48.600 --> 01:10:49.600] All right.
[01:10:49.600 --> 01:10:50.600] All right.
[01:10:50.600 --> 01:10:51.600] Okay.
[01:10:51.600 --> 01:10:52.600] Thank you.
[01:10:52.600 --> 01:10:53.600] Okay.
[01:10:53.600 --> 01:10:54.600] Now we're going to go to Jack in Texas.
[01:10:54.600 --> 01:10:55.600] Hello, Jack.
[01:10:55.600 --> 01:10:56.600] Hi, Randy.
[01:10:56.600 --> 01:10:57.600] Can you hear me?
[01:10:57.600 --> 01:10:58.600] Yeah, I can hear you.
[01:10:58.600 --> 01:10:59.600] Okay.
[01:10:59.600 --> 01:11:00.600] Good.
[01:11:00.600 --> 01:11:08.600] I got another short, easy one for you.
[01:11:08.600 --> 01:11:14.600] I'd like to learn about the rescissions that you talk about on the show.
[01:11:14.600 --> 01:11:15.600] Okay.
[01:11:15.600 --> 01:11:17.600] Okay.
[01:11:17.600 --> 01:11:23.600] For closure, rescissions, and I was wondering, I mean I've got your book.
[01:11:23.600 --> 01:11:24.600] You want to one.
[01:11:24.600 --> 01:11:28.600] I don't think it's in there about halfway through.
[01:11:28.600 --> 01:11:29.600] That's another...
[01:11:29.600 --> 01:11:31.520] That is probably not in there.
[01:11:31.520 --> 01:11:35.000] Let me explain rescission.
[01:11:35.000 --> 01:11:44.120] I had this couple that got a mortgage on their property and under rescission, you can rescind
[01:11:44.120 --> 01:11:54.960] the loan within three years of the loan date if the lender did not give you proper notice
[01:11:54.960 --> 01:11:58.040] of your right to resent.
[01:11:58.040 --> 01:12:07.880] On the last day, this couple filed a rescission claiming that the lender, when they wrote
[01:12:07.880 --> 01:12:14.080] the loan, didn't give them two copies of the rescission because there were two people.
[01:12:14.080 --> 01:12:18.840] They gave them one but they didn't give them two.
[01:12:18.840 --> 01:12:26.640] Some moron with Wells Fargo took that all the way to the U.S. Supreme and the U.S. Supreme
[01:12:26.640 --> 01:12:31.120] wiped the floor with Wells Fargo.
[01:12:31.120 --> 01:12:43.400] They said that when a rescission is filed, rescission is accomplished and the filer cannot
[01:12:43.400 --> 01:12:45.840] unfil it.
[01:12:45.840 --> 01:12:56.240] But the bank has 20 days to either file an opposition or return all the money and take
[01:12:56.240 --> 01:12:57.440] possession of the property.
[01:12:57.440 --> 01:13:06.120] The banks used to say, when you rescind, you have to return the property to us and then
[01:13:06.120 --> 01:13:10.040] we return all the money that you paid.
[01:13:10.040 --> 01:13:14.040] The Supreme said, no, that's not how it works.
[01:13:14.040 --> 01:13:19.480] You have to give them all the money but they paid back first and then you can take possession
[01:13:19.480 --> 01:13:20.480] of the property.
[01:13:20.480 --> 01:13:24.840] Well, that was a radically different decision.
[01:13:24.840 --> 01:13:32.800] Now I have a petition, a certiori before the Supreme right now.
[01:13:32.800 --> 01:13:40.080] As a matter of fact, they set on it for two or three months and in this one, this was
[01:13:40.080 --> 01:13:41.800] an older loan.
[01:13:41.800 --> 01:13:47.800] There's two sections to rescission, 1634A and 1634F.
[01:13:47.800 --> 01:13:52.800] 1634A is a rescission within three years.
[01:13:52.800 --> 01:14:02.760] I'm sorry, it's B. But 1634F says that after initiation of foreclosure, if you can share
[01:14:02.760 --> 01:14:21.000] more than $35 of improper charges, then the right to rescind is reinvigorated.
[01:14:21.000 --> 01:14:29.200] What I do is you send me note, truth and lending, HUD 1, and some statements so I can see what
[01:14:29.200 --> 01:14:35.280] they're actually charging and I run an analysis to see if they're charging exactly what they
[01:14:35.280 --> 01:14:38.400] should be and they never are.
[01:14:38.400 --> 01:14:41.000] So we found a rescission in this case.
[01:14:41.000 --> 01:14:48.960] The bank ignored it partly because my rescission is attached to a qualified written request
[01:14:48.960 --> 01:14:52.520] of about 30 pages.
[01:14:52.520 --> 01:14:58.760] Most of what's in that qualified written request is garbage and it's designed so that
[01:14:58.760 --> 01:15:06.120] the lawyer gets it and he reads this document and he's got page after page where he's saying
[01:15:06.120 --> 01:15:10.680] trash, trash, we don't have to answer this, we don't have to respond to this.
[01:15:10.680 --> 01:15:15.040] He is tired of reading, just writes the whole thing off.
[01:15:15.040 --> 01:15:16.920] Problem.
[01:15:16.920 --> 01:15:18.800] Last paragraph.
[01:15:18.800 --> 01:15:31.200] If you fail to responsively qualify the debt, consider this notice as a notice of rescission.
[01:15:31.200 --> 01:15:34.000] They never read it.
[01:15:34.000 --> 01:15:39.960] They got 30 days to answer the qualified written request and then for that day, they've got
[01:15:39.960 --> 01:15:45.920] 20 days in which to raise an opposition to the rescission, the bank did not.
[01:15:45.920 --> 01:15:55.840] So I have before the U.S. Supreme, a certiori, asking them to distinguish Jazonowski and
[01:15:55.840 --> 01:16:03.880] say that after foreclosure, the right to rescind is reinvigorated.
[01:16:03.880 --> 01:16:13.920] Also on this 20-day time limit that the statute of limitation to file for rescission is not
[01:16:13.920 --> 01:16:22.680] a bar to rescission, but rather is an affirmative defense that must be pleaded under Rule 8.
[01:16:22.680 --> 01:16:24.920] That's sitting before the Supreme right now.
[01:16:24.920 --> 01:16:26.920] They have not denied it.
[01:16:26.920 --> 01:16:32.840] There's a good chance it may go to hang on, pick this up on the other side, Randy Kelman,
[01:16:32.840 --> 01:17:00.120] Will Law Radio, our calling number 512-646-1984 will be right back.
[01:17:00.120 --> 01:17:01.120] I love logos.
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[01:19:24.720 --> 01:19:39.560] Okay, we are back.
[01:19:39.560 --> 01:19:43.000] Randy Kelton with Law Radio and we're talking to Jack in Texas.
[01:19:43.000 --> 01:19:46.240] Jack, did all that stuff make any sense?
[01:19:46.240 --> 01:19:50.240] Yeah, it makes sense.
[01:19:50.240 --> 01:19:54.240] It just wasn't what you're looking for.
[01:19:54.240 --> 01:19:55.240] Okay.
[01:19:55.240 --> 01:19:56.240] No, no, no.
[01:19:56.240 --> 01:19:57.240] It is what I'm looking for.
[01:19:57.240 --> 01:20:02.000] I just need to fill in the gap, you know.
[01:20:02.000 --> 01:20:03.000] Where would I read about?
[01:20:03.000 --> 01:20:06.000] Where is this section 16?
[01:20:06.000 --> 01:20:09.280] Wait a minute.
[01:20:09.280 --> 01:20:10.840] Get closer to your mic.
[01:20:10.840 --> 01:20:13.520] You're getting some horrible distortion.
[01:20:13.520 --> 01:20:17.480] Okay, can you hear me better?
[01:20:17.480 --> 01:20:19.360] That's much better.
[01:20:19.360 --> 01:20:21.360] Okay.
[01:20:21.360 --> 01:20:25.280] Where would I read this 1634 section?
[01:20:25.280 --> 01:20:27.000] That's the Truth and Lending Act.
[01:20:27.000 --> 01:20:30.120] It's right at the end of the Truth and Lending Act.
[01:20:30.120 --> 01:20:33.120] I think it's the last section.
[01:20:33.120 --> 01:20:35.120] Truth and Lending.
[01:20:35.120 --> 01:20:40.400] Okay, now does that go through all the steps that you were talking about?
[01:20:40.400 --> 01:20:41.400] No.
[01:20:41.400 --> 01:20:45.720] I mean, explain the law about all the steps you were talking about.
[01:20:45.720 --> 01:20:48.920] Send me an email.
[01:20:48.920 --> 01:20:51.720] You have to send a notice of rescission.
[01:20:51.720 --> 01:20:56.920] Well, I will send you this qualified written request.
[01:20:56.920 --> 01:20:59.200] Well, no, I can't do that.
[01:20:59.200 --> 01:21:01.960] It's a little more complex than that.
[01:21:01.960 --> 01:21:13.240] My qualified written request has an analysis of the note in it, but I'll send you a sample
[01:21:13.240 --> 01:21:15.920] of it.
[01:21:15.920 --> 01:21:25.240] I ask them to qualify the, you know, to respond to this demand for qualification.
[01:21:25.240 --> 01:21:29.920] And then at the end, I just stick this little paragraph in there and you'll, rescission is
[01:21:29.920 --> 01:21:30.920] really simple.
[01:21:30.920 --> 01:21:37.000] I give notice of my, that I rescind this mortgage, boom, that's it.
[01:21:37.000 --> 01:21:40.720] So that's all there is to rescind it.
[01:21:40.720 --> 01:21:41.720] How old is your mortgage?
[01:21:41.720 --> 01:21:47.440] The paragraph you put in the, well, it's not my mortgage, it's somebody else's mortgage.
[01:21:47.440 --> 01:21:49.440] How old is the mortgage?
[01:21:49.440 --> 01:21:54.600] I think it's probably about five years.
[01:21:54.600 --> 01:21:55.600] Okay.
[01:21:55.600 --> 01:22:00.240] So you're beyond the first statute of limitations.
[01:22:00.240 --> 01:22:04.080] What about, is the mortgage in foreclosure?
[01:22:04.080 --> 01:22:09.600] No, no, it's not even in her ears.
[01:22:09.600 --> 01:22:11.600] Oh, wonderful.
[01:22:11.600 --> 01:22:20.200] Almost certainly, if you file a notice of recension, they'll ignore it because I haven't
[01:22:20.200 --> 01:22:23.800] seen them responding to Jazanowski.
[01:22:23.800 --> 01:22:27.520] They expect you to not know about Jazanowski.
[01:22:27.520 --> 01:22:32.640] But if this person wants to, okay, let me back up.
[01:22:32.640 --> 01:22:36.440] What is the, why does the person want to rescind?
[01:22:36.440 --> 01:22:39.680] Well, here's the situation.
[01:22:39.680 --> 01:22:47.280] I have a friend who just got divorced and she can't afford the house on her own, it's
[01:22:47.280 --> 01:22:51.120] not in her ears yet, but she can't afford it.
[01:22:51.120 --> 01:22:54.840] So she's going to have to move and all that kind of stuff.
[01:22:54.840 --> 01:22:57.480] And I've been listening to your rescission thing, right?
[01:22:57.480 --> 01:23:00.000] And I was wondering if it might apply.
[01:23:00.000 --> 01:23:05.120] There's more than just rescission here.
[01:23:05.120 --> 01:23:14.840] If she expects to have to unload the house, if it's only five years old, she doesn't have
[01:23:14.840 --> 01:23:22.840] a great amount of equity in it, except for attrition, you're in Texas.
[01:23:22.840 --> 01:23:26.640] Can she mortgage, can she lease the house out?
[01:23:26.640 --> 01:23:30.960] She could, but I don't think she wants to.
[01:23:30.960 --> 01:23:35.080] Okay, let me, this is why I'm saying this.
[01:23:35.080 --> 01:23:43.880] At this time, before this latest hurricane came ashore, property taxes, I mean, property
[01:23:43.880 --> 01:23:48.920] values in Texas were increasing dramatically.
[01:23:48.920 --> 01:23:54.320] More people, because they have a lot of people flooding out of the north into the sunbelt.
[01:23:54.320 --> 01:23:58.360] And there's simply not enough housing here.
[01:23:58.360 --> 01:24:05.800] And now we have a hurricane come ashore and wipe out half a million homes.
[01:24:05.800 --> 01:24:10.760] Property values are going to skyrocket.
[01:24:10.760 --> 01:24:20.360] Tell her lease that property, that is absolutely the best investment she can have right now.
[01:24:20.360 --> 01:24:29.080] If she can't afford the mortgage payments, lease it out, rent an apartment for six months
[01:24:29.080 --> 01:24:30.080] a year.
[01:24:30.080 --> 01:24:37.200] Property values in Texas are going to skyrocket.
[01:24:37.200 --> 01:24:39.600] You've got all these people displaced.
[01:24:39.600 --> 01:24:42.280] You still have people moving to Texas.
[01:24:42.280 --> 01:24:48.720] They cannot build, before this happened, they couldn't build houses fast enough.
[01:24:48.720 --> 01:24:57.000] So while I've got all kind of tools to go after the mortgage company with, tell her
[01:24:57.000 --> 01:25:01.680] to lease that property out and get in something she can afford to keep her payments up, and
[01:25:01.680 --> 01:25:06.920] then we'll put together a lawsuit against the bank.
[01:25:06.920 --> 01:25:10.760] If she's up to date, the bank can only lose.
[01:25:10.760 --> 01:25:18.800] And if you get me her mortgage documentation, I can almost certainly find lots of fraud in
[01:25:18.800 --> 01:25:20.800] the documentation.
[01:25:20.800 --> 01:25:24.120] Then she files a suit against the bank.
[01:25:24.120 --> 01:25:27.640] And then when the lawyer responds to the suit, the first thing he does is bar grieve the
[01:25:27.640 --> 01:25:28.640] law firm.
[01:25:28.640 --> 01:25:33.120] And the law firm is going to say, I'm out of here.
[01:25:33.120 --> 01:25:37.400] They have to hire somebody else for a lot more money.
[01:25:37.400 --> 01:25:43.080] Let them know that you know how to cost them a lot of money, and then you ask the court
[01:25:43.080 --> 01:25:46.960] to order mediation.
[01:25:46.960 --> 01:25:51.240] Bring them to the table, get them to make you a deal you can't live without, then sell
[01:25:51.240 --> 01:25:55.880] the property, and walk away with the equity.
[01:25:55.880 --> 01:25:58.800] What this lawsuit will do is build equity.
[01:25:58.800 --> 01:26:04.560] Now if there's any lawyer listening out here, he's going to say, oh, that is absolutely
[01:26:04.560 --> 01:26:05.560] forbidden.
[01:26:05.560 --> 01:26:13.080] Well, it would be if I was a lawyer, they'd disbar me, but I'm not a lawyer.
[01:26:13.080 --> 01:26:17.320] And she's not a lawyer.
[01:26:17.320 --> 01:26:22.400] There's nothing they can do but not like it.
[01:26:22.400 --> 01:26:27.160] But this is a way she can build some equity, and rescission is a nice way to do it.
[01:26:27.160 --> 01:26:32.040] Don't expect to win the rescission decision.
[01:26:32.040 --> 01:26:39.000] But if you file a rescission out of time, they're likely to ignore it.
[01:26:39.000 --> 01:26:42.360] And when they do, we can come back and claim rescission.
[01:26:42.360 --> 01:26:45.360] OK, this is what rescission says.
[01:26:45.360 --> 01:26:52.960] So once you rescind the note, the bank has 20 days in which to file an opposition.
[01:26:52.960 --> 01:26:56.080] Actually, it doesn't say anything about opposition.
[01:26:56.080 --> 01:27:02.720] It says the bank has 20 days in which to recover the property.
[01:27:02.720 --> 01:27:08.600] And Jasonowski says the only way they can recover the property is giving her back every
[01:27:08.600 --> 01:27:12.360] penny she's paid them, principal and interest.
[01:27:12.360 --> 01:27:15.960] Well, what they're going to do is ignore it.
[01:27:15.960 --> 01:27:23.240] And what it says is if they fail to take possession of the property within 20 days,
[01:27:23.240 --> 01:27:32.960] the borrower may retain the property with no further obligation.
[01:27:32.960 --> 01:27:41.160] So if they don't respond, then according to the Truth and Lending Act, it's over for them.
[01:27:41.160 --> 01:27:44.840] But the courts have been bought and paid for.
[01:27:44.840 --> 01:27:50.040] However, she does have a big suit against them.
[01:27:50.040 --> 01:27:53.200] They could lose everything.
[01:27:53.200 --> 01:27:56.120] So now you've got a way to bring them to the table.
[01:27:56.120 --> 01:28:00.560] And what you may have to do in the interim is soften them up a little bit, barguee their
[01:28:00.560 --> 01:28:08.680] attorney every time they file a document until they have to hire 8, $1,200 an hour lawyers.
[01:28:08.680 --> 01:28:14.160] Then ask the court to order mediation, get a deal if you can't pass up and drop your
[01:28:14.160 --> 01:28:15.160] lawsuit.
[01:28:15.160 --> 01:28:16.160] Does that make sense?
[01:28:16.160 --> 01:28:17.160] Makes a lot of sense.
[01:28:17.160 --> 01:28:21.160] If I can convince her to do it, it'd be great.
[01:28:21.160 --> 01:28:24.160] Now, what's this Qualified Written Request?
[01:28:24.160 --> 01:28:26.040] What is that?
[01:28:26.040 --> 01:28:35.160] That is every time they change servicers, you have the right to send in a Qualified Written
[01:28:35.160 --> 01:28:36.160] Request.
[01:28:36.160 --> 01:28:39.320] And that's asking them to verify the debt.
[01:28:39.320 --> 01:28:44.920] I ask them to show all of the accounting on this debt and account for all the money that
[01:28:44.920 --> 01:28:52.000] she's paid in, where did it go, how is it written against the property.
[01:28:52.000 --> 01:28:56.200] And they never give a proper answer to it.
[01:28:56.200 --> 01:28:59.360] I've not had one proper answer to a Qualified Written Request.
[01:28:59.360 --> 01:29:02.360] That's all in the Truth and Lending Act.
[01:29:02.360 --> 01:29:05.360] That's all in the Truth and Lending Act.
[01:29:05.360 --> 01:29:06.360] Okay.
[01:29:06.360 --> 01:29:11.240] So then what you do is you write a big, long, Qualified Written Request and the very last
[01:29:11.240 --> 01:29:13.520] paragraph is your rescission.
[01:29:13.520 --> 01:29:15.400] Yes.
[01:29:15.400 --> 01:29:20.160] You ask them to produce all kind of stuff they don't have to produce and the lawyer gets
[01:29:20.160 --> 01:29:25.000] tired of reading all this crap and just say, heck with all this junk, we're going to deny
[01:29:25.000 --> 01:29:26.000] it all.
[01:29:26.000 --> 01:29:30.000] And they don't read the last paragraph.
[01:29:30.000 --> 01:29:31.000] Okay.
[01:29:31.000 --> 01:29:35.440] It's Dirty Rotten Scheister Tricks.
[01:29:35.440 --> 01:29:37.440] I learned it from lawyers.
[01:29:37.440 --> 01:29:38.440] Okay.
[01:29:38.440 --> 01:29:39.440] Hang on.
[01:29:39.440 --> 01:29:43.080] We're about to go to break.
[01:29:43.080 --> 01:29:45.400] We're going to take all this through the radio.
[01:29:45.400 --> 01:29:46.400] I called it.
[01:29:46.400 --> 01:29:48.800] Now, I'm not going to give it up to call it.
[01:29:48.800 --> 01:29:49.800] Now, we just have to let...
[01:29:49.800 --> 01:29:51.360] Oh wait, we've got 30 minutes left.
[01:29:51.360 --> 01:29:54.160] I've got 30 minutes to cover more callers.
[01:29:54.160 --> 01:29:56.720] We probably won't get done with all our callers tonight.
[01:29:56.720 --> 01:29:58.960] So hang on, we'll be right back.
[01:29:58.960 --> 01:30:06.160] It's clear cell phones have changed the way we live and work, but have they negatively
[01:30:06.160 --> 01:30:07.160] affected our health?
[01:30:07.160 --> 01:30:11.200] I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about
[01:30:11.200 --> 01:30:15.640] how cell phones may actually alter our brain chemistry.
[01:30:15.640 --> 01:30:17.200] Privacy is under attack.
[01:30:17.200 --> 01:30:20.800] When you give up data about yourself, you'll never get it back again.
[01:30:20.800 --> 01:30:25.600] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.600 --> 01:30:27.040] So protect your rights.
[01:30:27.040 --> 01:30:30.840] Say no to surveillance and keep your information to yourself.
[01:30:30.840 --> 01:30:33.360] Privacy, it's worth hanging on to.
[01:30:33.360 --> 01:30:37.680] This public service announcement is brought to you by StartPage.com, the private search
[01:30:37.680 --> 01:30:41.160] engine alternative to Google, Yahoo, and Bing.
[01:30:41.160 --> 01:30:44.960] Start over with StartPage.
[01:30:44.960 --> 01:30:46.680] Cell phones emit radio frequency energy.
[01:30:46.680 --> 01:30:47.680] It's a fact.
[01:30:47.680 --> 01:30:51.240] But whether it's dangerous to have a phone beaming this kind of radiation near your
[01:30:51.240 --> 01:30:52.240] head has been disputed.
[01:30:52.240 --> 01:30:57.080] Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[01:30:57.080 --> 01:31:01.480] Well, now the Journal of the American Medical Association is confirming that cell phones
[01:31:01.480 --> 01:31:02.480] affect brain chemistry.
[01:31:02.480 --> 01:31:08.120] A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[01:31:08.120 --> 01:31:11.800] to the cell phone antenna increases when the cell phone is on.
[01:31:11.800 --> 01:31:15.840] While researchers aren't sure whether this exposure causes damage, I'm not taking any
[01:31:15.840 --> 01:31:16.840] chances.
[01:31:16.840 --> 01:31:20.280] I always keep the phone far from my body and I use a corded headset.
[01:31:20.280 --> 01:31:22.120] I'm Dr. Catherine Albrecht.
[01:31:22.120 --> 01:31:30.560] More news and information at CatherineAlbrecht.com.
[01:31:30.560 --> 01:31:35.920] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:35.920 --> 01:31:37.800] The government says that fire brought it down.
[01:31:37.800 --> 01:31:42.800] However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:42.800 --> 01:31:45.800] Over 6,000 of my fellow service members have given their lives.
[01:31:45.800 --> 01:31:48.440] And thousands of my fellow force respondents have blamed.
[01:31:48.440 --> 01:31:49.960] I'm not a conspiracy theorist.
[01:31:49.960 --> 01:31:50.960] I'm a structural engineer.
[01:31:50.960 --> 01:31:52.280] I'm a New York City correction officer.
[01:31:52.280 --> 01:31:53.280] I'm an Air Force pilot.
[01:31:53.280 --> 01:31:54.960] I'm a father who lost his son.
[01:31:54.960 --> 01:31:57.520] We're Americans and we deserve the truth.
[01:31:57.520 --> 01:32:00.120] Go to RememberBuilding7.org today.
[01:32:00.120 --> 01:32:02.840] Hey, it's Danny here for Hill Country Home Improvements.
[01:32:02.840 --> 01:32:06.160] Did your home receive hail or wind damage from the recent storms?
[01:32:06.160 --> 01:32:09.800] Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:09.800 --> 01:32:10.800] them to pay for it.
[01:32:10.800 --> 01:32:14.400] Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.400 --> 01:32:18.200] That's why you have insurance and Hill Country Home Improvements can handle the claim for
[01:32:18.200 --> 01:32:21.000] you with little to no out-of-pocket expense.
[01:32:21.000 --> 01:32:25.240] And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:25.240 --> 01:32:26.600] zero complaints.
[01:32:26.600 --> 01:32:30.760] You can trust Hill Country Home Improvements to handle your claim and your roof right
[01:32:30.760 --> 01:32:32.000] the first time.
[01:32:32.000 --> 01:32:40.680] Just call 512-992-8745 or go to hillcountryhomeimprovements.com, mention the crypto show and get $100 off, and
[01:32:40.680 --> 01:32:45.280] we'll donate another $100 to the Logos radio network to help continue this programming.
[01:32:45.280 --> 01:32:50.400] So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:50.400 --> 01:32:56.480] That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.480 --> 01:32:58.360] Discounts are based on full roof replacement.
[01:32:58.360 --> 01:33:00.720] I mean, I actually be kidding about chemtrails.
[01:33:00.720 --> 01:33:07.720] You are listening to the Logos Radio Network, LogosRadionetwork.com.
[01:33:30.720 --> 01:33:37.720] The Logos Radio Network is based on full roof replacement.
[01:34:00.720 --> 01:34:05.800] Okay, we are back, Randy Kelkin with Logos Radio, and we're talking to Finishing Up with
[01:34:05.800 --> 01:34:07.600] Jack in Texas.
[01:34:07.600 --> 01:34:13.480] Okay, Jack, have I answered your questions?
[01:34:13.480 --> 01:34:18.720] Yeah, yeah, you wanted me to email you?
[01:34:18.720 --> 01:34:23.480] Yeah, email me, and I'll get more details.
[01:34:23.480 --> 01:34:24.480] I can run it.
[01:34:24.480 --> 01:34:30.520] Okay, I'll give you a copy of this QWR, and depending on what she wants to do, I may want
[01:34:30.520 --> 01:34:35.680] to run an analysis for her, because what I do is I look at the truth and ending statement,
[01:34:35.680 --> 01:34:45.040] the note, the HUD 1 settlement statement, and I need some billing statements from them.
[01:34:45.040 --> 01:34:50.000] I want to see what the bank is actually charging, and I'll compare that to what they should
[01:34:50.000 --> 01:34:55.800] be charging, and then in the qualified written request, we put all these numbers in there
[01:34:55.800 --> 01:34:58.160] and demand that they qualify these numbers.
[01:34:58.160 --> 01:35:03.200] Well, these guys don't have the documentation to do that, so they absolutely cannot answer
[01:35:03.200 --> 01:35:09.840] the qualified written request, and then I put in 25 pages of trash asking for everything
[01:35:09.840 --> 01:35:14.960] under the sun, which I don't even care about, but that'll get the lawyer annoyed reading
[01:35:14.960 --> 01:35:21.640] it and think we're just some kind of two-bit pro-say-know-nothing, and he'll just blow
[01:35:21.640 --> 01:35:31.880] it off, and then we hit him with the rescission suit, and I'll also give you a copy of this
[01:35:31.880 --> 01:35:36.320] cert that we have in the U.S. Supreme.
[01:35:36.320 --> 01:35:41.960] It's been in there long enough, there's a chance it can get picked up.
[01:35:41.960 --> 01:35:47.960] Okay, get that to me, and I'm going to move ahead, we've got two more callers, and we
[01:35:47.960 --> 01:35:54.520] are running out of time, oh, I think, oh, there you are at the bottom.
[01:35:54.520 --> 01:35:59.440] Okay, Jack, I see that you dropped off and called back, but we're done, we're going
[01:35:59.440 --> 01:36:03.480] to move ahead, we're going to go to Vincent in Texas, hello, Vincent.
[01:36:03.480 --> 01:36:06.880] Hello, Randy, how are you doing today?
[01:36:06.880 --> 01:36:09.840] I'm doing good, what do you have for us today?
[01:36:09.840 --> 01:36:17.640] Well, this is my second time calling, I called you about receiving a drive-in while LifeSupp
[01:36:17.640 --> 01:36:22.040] suspended or invalid in Austin, Texas.
[01:36:22.040 --> 01:36:30.720] Oh, okay, did you go to trafficticket.website and fill out the form there?
[01:36:30.720 --> 01:36:38.560] Yes, sir, I did, but the pay button didn't work, so I couldn't actually pay the 50-years.
[01:36:38.560 --> 01:36:44.960] Okay, there was two of those that didn't pay, and I thought that was odd because they were
[01:36:44.960 --> 01:36:45.960] right together.
[01:36:45.960 --> 01:36:55.280] I'll go in and fix that, and I'll go ahead, and which one, what was your e-mail?
[01:36:55.280 --> 01:37:03.600] Mine was wildRF.com, that'll be easy enough to detect, I'll run that and fill it out.
[01:37:03.600 --> 01:37:10.120] I definitely want Austin to get some of these, just for yucks.
[01:37:10.120 --> 01:37:21.800] Yes, sir, well, just to catch you up to speed, I've actually went in and argued myself to
[01:37:21.800 --> 01:37:30.000] be able to represent myself because apparently they weren't going to let me do it at first,
[01:37:30.000 --> 01:37:37.400] but I filed a bar grievance against the judge for not telling his court clerk properly and
[01:37:37.400 --> 01:37:42.880] let's represent him in a court's position on pro-state litigate.
[01:37:42.880 --> 01:37:43.880] Good.
[01:37:43.880 --> 01:37:59.280] So, now, basically, I've been asking where is my discovery because I filed a Brady request
[01:37:59.280 --> 01:38:04.880] for discovery, and they haven't presented it to me, so I got a phone call from the DUPT
[01:38:04.880 --> 01:38:06.560] Attorney today.
[01:38:06.560 --> 01:38:11.560] Strategic error.
[01:38:11.560 --> 01:38:12.560] 39.14.
[01:38:12.560 --> 01:38:24.640] Specifically stipulates that the prosecutor will provide all discovery at least 30 days
[01:38:24.640 --> 01:38:25.640] before trial.
[01:38:25.640 --> 01:38:26.640] Okay.
[01:38:26.640 --> 01:38:31.520] It's a good level of 30 days, so how is that all, it's filed, it's not even...
[01:38:31.520 --> 01:38:32.520] No, no, no.
[01:38:32.520 --> 01:38:33.520] Before trial.
[01:38:33.520 --> 01:38:34.520] Oh, before trial.
[01:38:34.520 --> 01:38:38.680] Before trial, okay, here's the deal.
[01:38:38.680 --> 01:38:48.360] If they set a trial date and you're 29 days from trial and you don't have discovery, the
[01:38:48.360 --> 01:38:59.280] way I read the code, 39.03 Texas Penal Code says that if a public official fails to perform
[01:38:59.280 --> 01:39:03.360] a duty he's required to perform it in the process, not as a citizen for free access
[01:39:03.360 --> 01:39:09.280] during government rights, that's a class A misdemeanor in Texas.
[01:39:09.280 --> 01:39:15.920] 39.14 Texas Code of Criminal Procedure says he must have it 30 days before trial.
[01:39:15.920 --> 01:39:23.840] He doesn't get it 30 days before trial, that's a class A misdemeanor the way I read the code.
[01:39:23.840 --> 01:39:37.080] That'll give him apoplexy and the way I read the code, committing criminal acts is not
[01:39:37.080 --> 01:39:42.880] within scope.
[01:39:42.880 --> 01:39:52.120] That means no immunity from suit and if you talk to the prosecutor, keep this one in mind,
[01:39:52.120 --> 01:40:00.080] the American Bar Association Standards for the Prosecutorial Function specifically forbids
[01:40:00.080 --> 01:40:06.480] the prosecutor from giving you legal advice.
[01:40:06.480 --> 01:40:18.040] So if he tells you anything that can be construed as legal advice, you sue him personally.
[01:40:18.040 --> 01:40:25.560] Right, right, I like that.
[01:40:25.560 --> 01:40:30.000] If we're going to get these courts back in line, this is how we're going to do it and
[01:40:30.000 --> 01:40:33.480] this is where we're going to do it.
[01:40:33.480 --> 01:40:40.600] Right here at the bottom, you've got to know all these higher level judges, when judges
[01:40:40.600 --> 01:40:47.800] get sued they pay attention and you start going after these guys on these nickel and
[01:40:47.800 --> 01:40:53.480] dime what they consider nickel and dime issues, it's going to make them crazy.
[01:40:53.480 --> 01:40:58.680] Okay, I've kind of interrupted there, okay.
[01:40:58.680 --> 01:41:00.680] Where are you in the process?
[01:41:00.680 --> 01:41:10.680] I'm due for my court case child Monday and I still haven't received my discovery, so.
[01:41:10.680 --> 01:41:18.680] Oh, gosh, that's going to be so much fun.
[01:41:18.680 --> 01:41:28.840] You go into court and notice the court that you have not received discovery.
[01:41:28.840 --> 01:41:35.320] Whatever the court said, you can tell the court, the judge that your honor, I have a document
[01:41:35.320 --> 01:41:42.920] I would like to present to the court and the prosecutor is going to want to see it first.
[01:41:42.920 --> 01:41:53.840] It needs to be a verified criminal affidavit, if you will send me an email, I will write
[01:41:53.840 --> 01:41:54.840] this affidavit.
[01:41:54.840 --> 01:41:59.840] I need a blank one anyway.
[01:41:59.840 --> 01:42:02.840] Oh, this is going to be so much fun.
[01:42:02.840 --> 01:42:04.840] Okay, here's the deal.
[01:42:04.840 --> 01:42:08.840] Are you familiar with the routine and the tar baby thing?
[01:42:08.840 --> 01:42:13.840] The routine and the tar baby, no, I don't think I'm right with this.
[01:42:13.840 --> 01:42:16.840] Okay, we have some rules there.
[01:42:16.840 --> 01:42:22.840] Never ask a public official to do anything you actually want them to do.
[01:42:22.840 --> 01:42:31.840] Because you never ask a public official to do anything that the law does not command them to do.
[01:42:31.840 --> 01:42:41.840] Now, with that in mind, you go into court and you present the judge with a verified criminal
[01:42:41.840 --> 01:42:48.840] affidavit against the prosecuting attorney, accusing the prosecuting attorney of official
[01:42:48.840 --> 01:42:53.840] oppression, criminal violation, 3903 penal code, in that he failed to perform a duty he
[01:42:53.840 --> 01:42:58.840] has required to perform in the process, not doing your right to discovery.
[01:42:58.840 --> 01:43:04.840] And the judge is going to refuse to act on the complaint with the judge's required to
[01:43:04.840 --> 01:43:07.840] do his whole examiner trial.
[01:43:07.840 --> 01:43:12.840] Then you file a criminal charge against the judge for shielding from prosecution, which
[01:43:12.840 --> 01:43:17.840] is a felony in the state of Texas.
[01:43:17.840 --> 01:43:21.840] They say, here, judge, I got this little tar baby here.
[01:43:21.840 --> 01:43:23.840] You want to touch it?
[01:43:23.840 --> 01:43:25.840] Go ahead, touch it, touch it.
[01:43:25.840 --> 01:43:27.840] And you stick up too much.
[01:43:27.840 --> 01:43:32.840] And then you start working your way up the ladder.
[01:43:32.840 --> 01:43:38.840] You file against the judge with a county judge.
[01:43:38.840 --> 01:43:44.840] And when the county judge refuses to act, you file with a district judge against the county judge.
[01:43:44.840 --> 01:43:48.840] And then when the district judge refuses to act, you go to the prosecuting attorney and
[01:43:48.840 --> 01:43:50.840] file against all of them.
[01:43:50.840 --> 01:43:51.840] Well, hang on.
[01:43:51.840 --> 01:43:53.840] Pick this up on the other side.
[01:43:53.840 --> 01:44:22.840] We'll be right back.
[01:44:23.840 --> 01:44:49.840] We'll be right back.
[01:44:49.840 --> 01:44:56.840] We'll be right back.
[01:45:19.840 --> 01:45:45.840] We'll be right back.
[01:45:45.840 --> 01:46:00.840] We'll be right back.
[01:46:15.840 --> 01:46:37.840] Okay, we are back.
[01:46:37.840 --> 01:46:41.840] Randy Kelton with our radio, and we're having way too much fun with what we're going to
[01:46:41.840 --> 01:46:44.840] get to do to these guys.
[01:46:44.840 --> 01:46:46.840] Okay, Vincent, are you there?
[01:46:46.840 --> 01:46:48.840] Yes, sir.
[01:46:48.840 --> 01:46:51.840] I'm having a lot of trouble with my mouse today.
[01:46:51.840 --> 01:46:53.840] I need a mouse trap.
[01:46:53.840 --> 01:47:00.840] Anyway, get an email to me, and I will get you the documentation.
[01:47:00.840 --> 01:47:07.840] But probably need to talk to this woman and get some documentation from her.
[01:47:07.840 --> 01:47:12.840] And we can give her a way to really go after them.
[01:47:12.840 --> 01:47:15.840] I'm thinking of the wrong one.
[01:47:15.840 --> 01:47:19.840] Okay, I'm back to the one before you.
[01:47:19.840 --> 01:47:24.840] We had a lively conversation on the break about this hurricane.
[01:47:24.840 --> 01:47:25.840] Okay, hold on.
[01:47:25.840 --> 01:47:26.840] This is the last segment.
[01:47:26.840 --> 01:47:30.840] I really need to stop here and go to the hurricane.
[01:47:30.840 --> 01:47:37.840] If anybody's in or near Florida, Deborah was just telling me we're in Tennessee.
[01:47:37.840 --> 01:47:43.840] Deborah, if you're listening, will you come on and talk about that hurricane?
[01:47:43.840 --> 01:47:45.840] Robert is my producer.
[01:47:45.840 --> 01:47:48.840] Robert, will you tell Deborah to step in here?
[01:47:48.840 --> 01:47:49.840] Okay, I'm here.
[01:47:49.840 --> 01:47:50.840] I'm here.
[01:47:50.840 --> 01:47:52.840] I don't want to take up too much time because you've got to call her.
[01:47:52.840 --> 01:47:56.840] But I mean, if anybody hasn't been paying attention, you better pay attention.
[01:47:56.840 --> 01:48:01.840] If you're in Florida, you better do what you can to get to shelter and get out now,
[01:48:01.840 --> 01:48:03.840] because there's nothing that's ever been like this.
[01:48:03.840 --> 01:48:05.840] This is the strongest cyclone on record.
[01:48:05.840 --> 01:48:10.840] I'm a bit of a meteorology buff, and it's the strongest one they've ever seen,
[01:48:10.840 --> 01:48:13.840] even doesn't matter Pacific, Atlantic.
[01:48:13.840 --> 01:48:20.840] And when they say strongest, we're talking about length of time for sustained winds of over 185 miles an hour.
[01:48:20.840 --> 01:48:22.840] Anyway, take it seriously.
[01:48:22.840 --> 01:48:27.840] People get out if you're in southeast part of this country, Georgia.
[01:48:27.840 --> 01:48:36.840] Thank goodness our producer Robert has already fled as it were to inland Georgia,
[01:48:36.840 --> 01:48:38.840] but I was concerned about Randy.
[01:48:38.840 --> 01:48:39.840] He's in Tennessee.
[01:48:39.840 --> 01:48:40.840] They're going to get it too.
[01:48:40.840 --> 01:48:46.840] They're going to get tropical storm force winds, wind gusts up to 80 miles an hour.
[01:48:46.840 --> 01:48:51.840] The whole southern peninsula of Florida is going to get slammed,
[01:48:51.840 --> 01:48:54.840] and I just hope people are taking it seriously.
[01:48:54.840 --> 01:48:57.840] Anyways, that's what we were talking about.
[01:48:57.840 --> 01:49:01.840] Randy, why don't you just go to the weather channel or go to AccuWeather.
[01:49:01.840 --> 01:49:05.840] You can do your own research, but take it very, very, very seriously.
[01:49:05.840 --> 01:49:12.840] If you're anywhere near the east coast, this is like nothing ever before.
[01:49:12.840 --> 01:49:16.840] I was stationed in South Florida in the military,
[01:49:16.840 --> 01:49:25.840] and this concerns me because South Florida, everything below Lake Okeechobee is a coral reef.
[01:49:25.840 --> 01:49:31.840] All of the Everglades is built on a coral reef, everything all the way down to the keys.
[01:49:31.840 --> 01:49:38.840] That means if there's a storm surge, the storm surge will literally rise up out of the ground
[01:49:38.840 --> 01:49:41.840] because the coral reef is like a sponge.
[01:49:41.840 --> 01:49:47.840] There's no way to damn this thing out to block it because it's going to come up from under your feet.
[01:49:47.840 --> 01:49:52.840] While South Florida has various stringent building codes,
[01:49:52.840 --> 01:49:57.840] their building codes are not designed to consider all of this.
[01:49:57.840 --> 01:50:05.840] If we get a 20-foot storm surge across the state, it's likely to lift these buildings right off their foundation.
[01:50:05.840 --> 01:50:09.840] Once they come off the foundation, then the wind will take them.
[01:50:09.840 --> 01:50:13.840] There's a lot of them. They're pretty well built to stand this kind of wind,
[01:50:13.840 --> 01:50:17.840] but not this kind of storm surge.
[01:50:17.840 --> 01:50:20.840] This is scary business.
[01:50:20.840 --> 01:50:23.840] This is going to be a year that goes down in the record books.
[01:50:23.840 --> 01:50:25.840] Okay, we're ready. Get back to your caller.
[01:50:25.840 --> 01:50:28.840] Okay, back to the caller.
[01:50:28.840 --> 01:50:32.840] Debra's always ordering me around.
[01:50:32.840 --> 01:50:34.840] Oops. Okay.
[01:50:34.840 --> 01:50:36.840] Go ahead, Vincent.
[01:50:36.840 --> 01:50:39.840] Yes, sir.
[01:50:39.840 --> 01:50:46.840] I wanted to say that as far as any evidence that they've presented or anything,
[01:50:46.840 --> 01:50:57.840] the only thing I've gotten from them is that they're going to be an officer and a fingerprint expert.
[01:50:57.840 --> 01:51:04.840] They're basically saying that they're going to try to use previous convictions that I have to...
[01:51:04.840 --> 01:51:08.840] Wait a minute. Hold on. What is the charge here?
[01:51:08.840 --> 01:51:12.840] The driver of our license and valid or suspended.
[01:51:12.840 --> 01:51:14.840] Who pulls you over?
[01:51:14.840 --> 01:51:15.840] All right.
[01:51:15.840 --> 01:51:17.840] The city?
[01:51:17.840 --> 01:51:23.840] The city of VK's officer.
[01:51:23.840 --> 01:51:26.840] Okay.
[01:51:26.840 --> 01:51:34.840] Okay, I will run those documents for you and you'll file a challenge to subject matter jurisdiction.
[01:51:34.840 --> 01:51:38.840] Do not let them get past it.
[01:51:38.840 --> 01:51:42.840] As soon as I get it to you, file it.
[01:51:42.840 --> 01:51:45.840] When is your hearing set for?
[01:51:45.840 --> 01:51:47.840] It's set for Monday.
[01:51:47.840 --> 01:51:49.840] Monday.
[01:51:49.840 --> 01:51:52.840] I'm going to try to get it reset.
[01:51:52.840 --> 01:51:57.840] Try to get it reset. Did you ask for a jury trial?
[01:51:57.840 --> 01:52:00.840] No, sir. I did not.
[01:52:00.840 --> 01:52:03.840] Okay. Good. Good. Good. We don't want jury trials.
[01:52:03.840 --> 01:52:07.840] We want the judge to make the ruling so you can sue the judge.
[01:52:07.840 --> 01:52:13.840] The only time you can sue a judge is when he acts without subject matter jurisdiction.
[01:52:13.840 --> 01:52:19.840] So I will get your documents ran and you'll have a challenge subject matter jurisdiction.
[01:52:19.840 --> 01:52:21.840] Here's the deal.
[01:52:21.840 --> 01:52:32.840] The only officers allowed to enforce the transportation code in Texas are the Department of Public Safety.
[01:52:32.840 --> 01:52:45.840] And up to five sheriff's deputies appointed by the county commissioners court on motorcycles.
[01:52:45.840 --> 01:52:48.840] Nobody else, nobody else can enforce.
[01:52:48.840 --> 01:52:55.840] Municipality can have one officer designated to do DOT inspections.
[01:52:55.840 --> 01:52:57.840] And that's all.
[01:52:57.840 --> 01:53:01.840] He can't go out and enforce the transportation code.
[01:53:01.840 --> 01:53:05.840] This is state law. It's very clear.
[01:53:05.840 --> 01:53:12.840] So this will be the crux of the challenge to subject matter jurisdiction.
[01:53:12.840 --> 01:53:16.840] Good part about subject matter jurisdiction.
[01:53:16.840 --> 01:53:24.840] The only time you can sue a judge is when he acts outside of scope.
[01:53:24.840 --> 01:53:33.840] Outside of scope means without subject matter jurisdiction.
[01:53:33.840 --> 01:53:43.840] Subject matter jurisdiction when a complaint is filed is presumed until challenged.
[01:53:43.840 --> 01:53:53.840] The presumption of regularity is lost and it is the judge who must prove up subject matter jurisdiction.
[01:53:53.840 --> 01:54:01.840] They're going to just blow this off and then return around and sue the judge himself.
[01:54:01.840 --> 01:54:05.840] Oh, this will be so much fun. You won't believe it.
[01:54:05.840 --> 01:54:08.840] I like it.
[01:54:08.840 --> 01:54:16.840] We've been after these guys, but we haven't taken them to task personally.
[01:54:16.840 --> 01:54:23.840] Here, every individual involved in the whole thing will be subject to suit.
[01:54:23.840 --> 01:54:31.840] We'll also file a T-close complaint against the officer. That'll make him crazy.
[01:54:31.840 --> 01:54:40.840] Okay. Give me an email. I'll get you the document you need. I've got one more caller and only got four minutes left.
[01:54:40.840 --> 01:54:43.840] All right. Well, you have a great day. Thank you for your help.
[01:54:43.840 --> 01:54:49.840] Okay. Thank you, Vincent. Okay. Now we're going to Ken in New York. Hello, Ken.
[01:54:49.840 --> 01:54:53.840] Hello, Randy. I think I can get this done soon.
[01:54:53.840 --> 01:54:59.840] You said something that tickled my mind from years ago and it had to do with my mortgage.
[01:54:59.840 --> 01:55:04.840] I think I have one of those substandard mortgages, Freddie Mac.
[01:55:04.840 --> 01:55:08.840] I got it from Sonny May in New York in 2002.
[01:55:08.840 --> 01:55:13.840] I'm about 15 years into it, I think, and I've never missed the payment.
[01:55:13.840 --> 01:55:19.840] I think you remember looking at a sheet. I think you call it the settlement sheet.
[01:55:19.840 --> 01:55:29.840] The HUD 1 settlement statement. It said Freddie Mac at the top of it and I've seen something called a document prep fee of $139.
[01:55:29.840 --> 01:55:34.840] Oh, yeah. That's good.
[01:55:34.840 --> 01:55:41.840] I have to look at it again. I don't have the papers in front of me, but I seem to remember seeing that.
[01:55:41.840 --> 01:55:49.840] They can't put that on the HUD 1. How old is your mortgage?
[01:55:49.840 --> 01:55:54.840] 2002. Oh, that's perfect.
[01:55:54.840 --> 01:56:02.840] It was sold the first time in 2002, which you would expect, right? They sell it once in the beginning.
[01:56:02.840 --> 01:56:08.840] And then it was, according to Zillow, it said it was sold again in 2004.
[01:56:08.840 --> 01:56:11.840] And I don't know. I've never...
[01:56:11.840 --> 01:56:19.840] You don't know anything about all of that. There's all kind of stuff going on in the background.
[01:56:19.840 --> 01:56:23.840] And almost certainly... Oh, wait.
[01:56:23.840 --> 01:56:28.840] Freddie Mac initiated the mortgage?
[01:56:28.840 --> 01:56:34.840] Well, it says Freddie Mac on the settlement sheet at the top of the settlement sheet.
[01:56:34.840 --> 01:56:38.840] Okay. Is that the mortgage company you talked to?
[01:56:38.840 --> 01:56:43.840] Okay. The mortgage, well, it was a bank in New York. They're no longer in business.
[01:56:43.840 --> 01:56:51.840] But the people that I got the loan for through was a state in New York that's called Sunny May, S-O-N-M-O-M-A.
[01:56:51.840 --> 01:56:54.840] It's like a mortgage pro first-time buyer.
[01:56:54.840 --> 01:57:00.840] Oh, okay. Is that agency still in business?
[01:57:00.840 --> 01:57:04.840] Oh, yeah. Yeah. They did 97% of the loan.
[01:57:04.840 --> 01:57:09.840] I think either cough up about, I don't know, $4,000, $5,000 or something like that.
[01:57:09.840 --> 01:57:17.840] Okay. I'd have to look at that, but there are lots of issues you can raise.
[01:57:17.840 --> 01:57:35.840] And with the 2002 note, almost certainly whoever initiated the mortgage was merely a representative for the true mortgage order.
[01:57:35.840 --> 01:57:39.840] Oh, yeah, yeah. I know that already. I thought directly with the bank.
[01:57:39.840 --> 01:57:46.840] And while I was in the bank, they were trying to tell me that they weren't sure if I was making enough money or I'd qualify.
[01:57:46.840 --> 01:57:50.840] And I said, no, no, no. It says under $60,000 and that's what I was making.
[01:57:50.840 --> 01:57:54.840] And so I said, well, look, maybe I got the wrong mortgage company.
[01:57:54.840 --> 01:57:59.840] I had my mother with me and my girlfriend. I got up. I guess we got the wrong company.
[01:57:59.840 --> 01:58:01.840] No, no, no. Sit back down. Sit back down.
[01:58:01.840 --> 01:58:04.840] And all of a sudden she's making phone calls and they can believe.
[01:58:04.840 --> 01:58:10.840] I don't know. I think the mortgage was meant for a legal alien.
[01:58:10.840 --> 01:58:17.840] Okay. I'm sorry. We are out of time. Send me an email. We'll kick this around on email.
[01:58:17.840 --> 01:58:19.840] Okay.
[01:58:19.840 --> 01:58:22.840] Okay. Randy at rule of law radio.com.
[01:58:22.840 --> 01:58:29.840] Okay. Thank you all for listening. This has been a great fun show and we'll be back next week.
[01:58:29.840 --> 01:58:32.840] Hopefully I don't have any problems next Thursday.
[01:58:32.840 --> 01:58:38.840] I had internet issues this Thursday, so I didn't get to do a show, but we're going to try to be live next week.
[01:58:38.840 --> 01:58:43.840] And check out Eddie on his traffic show on Monday.
[01:58:43.840 --> 01:59:09.840] Thank you all for listening and good night.
[01:59:13.840 --> 01:59:20.840] Thank you all for listening.
[01:59:43.840 --> 01:59:59.840] Thank you all for listening.