ROL_2017-09-14_16k.timecode

[00:15.340 --> 00:23.180]  into the tides of the alternative.
[00:23.180 --> 00:29.260]  Markets for Wednesday, the 13th of September, 2017, closed with gold at $1,323.24 an ounce,
[00:29.260 --> 00:37.880]  silver at $17.78 an ounce, Texas crude at $48.23 a barrel, bitcoin at $3,876, and Dash
[00:37.880 --> 00:46.240]  coin sits at about 300 US currency.
[00:46.240 --> 00:51.880]  Today in history, the year 1541, after 3 years in exile, John Calvin returns to Geneva to
[00:51.880 --> 01:00.960]  reform the church under a body of doctrine known as Calvinism.
[01:00.960 --> 01:04.480]  In recent news, Hillary Clinton's new already on discount book, What Happened, officially
[01:04.480 --> 01:05.880]  hit store shelves Tuesday.
[01:05.880 --> 01:09.800]  Of the many things she blamed for her loss in the 2016 presidential race, she mentioned
[01:09.800 --> 01:12.640]  Russia and the election within the first few pages.
[01:12.640 --> 01:16.200]  The press treated our warnings about Russia like it was spin we'd cooked up in order to
[01:16.200 --> 01:18.360]  distract from embarrassing revelations.
[01:18.360 --> 01:21.840]  She blames President Trump, saying that listening to Trump it almost felt like there was no
[01:21.840 --> 01:26.440]  such thing as truth anymore, that his strategy consisted of an appeal to the ugliest impulses
[01:26.440 --> 01:27.920]  of our national character.
[01:27.920 --> 01:28.920]  She blamed Wall Street.
[01:28.920 --> 01:32.800]  I didn't think many Americans would believe that I'd sell a lifetime of principle in advocacy
[01:32.800 --> 01:33.800]  for any price.
[01:33.800 --> 01:36.720]  I should have stayed away from anything having to do with Wall Street.
[01:36.720 --> 01:37.720]  I didn't.
[01:37.720 --> 01:38.720]  That's on me.
[01:38.720 --> 01:39.920]  Yeah, right, Hillary.
[01:39.920 --> 01:44.200]  Closed door meetings with Wall Street corporate donors could have had no foreseeable problems.
[01:44.200 --> 01:47.480]  She blamed the scandal over State Department emails on her private server.
[01:47.480 --> 01:50.840]  It was a dumb mistake, she said, but even a dumber scandal.
[01:50.840 --> 01:51.840]  It was like quicksand.
[01:51.840 --> 01:54.000]  The more you struggle, the deeper you sink.
[01:54.000 --> 01:57.760]  She blamed former FBI Director James Comey, saying that, quote, Comey made the choice
[01:57.760 --> 02:02.360]  to extricate me in public in July and then dramatically reopened the investigation on
[02:02.360 --> 02:06.040]  October 28th, all while refusing to say a word about Trump and Russia.
[02:06.040 --> 02:09.320]  If not for those decisions, everything would have been different.
[02:09.320 --> 02:14.040]  And she even blamed patriarchy, stating that sexism and misogyny played a role in the 2016
[02:14.040 --> 02:15.720]  presidential election.
[02:15.720 --> 02:23.800]  Exhibit A is the flagrantly sexist candidate won.
[02:23.800 --> 02:27.480]  Days after Hurricane Harvey's onslaught across the Lone Star State, the coast was still very
[02:27.480 --> 02:30.160]  much littered with dead fish and other sea creatures.
[02:30.160 --> 02:34.520]  Pretired to say of the National Auburn Society discovered a strange-looking sea animal posting
[02:34.520 --> 02:37.840]  a photo of it on Twitter to see if anyone knew what it was.
[02:37.840 --> 02:42.240]  Experts responded with guesses that it was some sort of eel, possibly a fang-toothed
[02:42.240 --> 02:43.320]  snake eel.
[02:43.320 --> 02:47.860]  Harvey was the longest hurricane that remained a name stormed after landfall in Texas.
[02:47.860 --> 02:53.800]  It killed at least 70 people and dumped at least 51 inches of rain.
[02:53.800 --> 03:21.800]  This was Brooke Rohde with your Lowdown for September 13th, 2017.
[03:21.800 --> 03:32.700]  What's your
[03:32.700 --> 03:34.000]  gonna do?
[03:34.000 --> 03:35.880]  Bad boys, bad boys.
[03:35.880 --> 03:36.880]  What you gonna do?
[03:36.880 --> 03:37.880]  What you gonna do when they come for you?
[03:37.880 --> 03:43.720]  When you were eight and you had bad traits, you go to school and learn the golden rule.
[03:43.720 --> 03:46.280]  So why are you acting like a bloody fool?
[03:46.280 --> 03:49.240]  If you get hot, then you must get cool.
[03:49.240 --> 03:52.680]  But what are bad boys, bad boys.
[03:52.680 --> 04:09.560]  What you gonna do, oh, what you gonna do when they come for you?
[04:09.560 --> 04:10.560]  Bad boys, bad boys.
[04:10.560 --> 04:12.040]  What you gonna do?
[04:12.040 --> 04:13.760]  Are you gonna do bad boys and bad boys?
[04:13.760 --> 04:14.760]  Bad boys, bad boys.
[04:14.760 --> 04:15.760]  Bad boys.
[04:15.760 --> 04:31.740]  the 14th day of September 2017, and I hope I'm coming through clear, I hope I'm having
[04:31.740 --> 04:37.460]  something that's acting up on my system and I'm not sure exactly what it is.
[04:37.460 --> 04:43.660]  So I'll try to get this worked out on my back end, okay, she's speaking in my headset where
[04:43.660 --> 04:48.240]  you guys can't hear me, so three-way conversations makes old guys nuts.
[04:48.240 --> 04:51.880]  Anyway, okay, I seem to be working now.
[04:51.880 --> 04:57.920]  I have some technical issues I'll have to address before tomorrow's show.
[04:57.920 --> 05:05.300]  But for today, just tell everybody I'm in Tennessee these days and I'm in the process
[05:05.300 --> 05:13.520]  of beginning to research Tennessee law as it applies to what we've been doing in Texas.
[05:13.520 --> 05:22.860]  We are getting some movement, Scott Richardson, he's been calling in, he is getting some things
[05:22.860 --> 05:32.580]  moving on suing municipalities when he gets tickets and they don't follow code, so we're
[05:32.580 --> 05:40.780]  building into the second step in the traffic citation process.
[05:40.780 --> 05:46.500]  And I'm in the process of researching out to a couple of universities that I'm going
[05:46.500 --> 05:55.260]  to try to get to back this electronic lawyer project as a tool for their graduating lawyers.
[05:55.260 --> 06:01.700]  So I have some interest from the University of Texas in Austin and from Vanderbilt here
[06:01.700 --> 06:05.540]  in Tennessee, so that part looks good.
[06:05.540 --> 06:10.620]  We do have our phone lines open and we've already got Scott on.
[06:10.620 --> 06:15.180]  Let me bring Scott on and see what he's got today.
[06:15.180 --> 06:16.180]  Hello, Scott.
[06:16.180 --> 06:19.380]  Scott Richardson Howdy, howdy, how are you?
[06:19.380 --> 06:24.300]  No, I've been better, I'm having a little technical issues today.
[06:24.300 --> 06:27.340]  But you have been a busy boy.
[06:27.340 --> 06:30.300]  Scott Richardson Yes, I have.
[06:30.300 --> 06:38.100]  So last Thursday, one week ago today, I got a ticket for disregarding a barricade by a
[06:38.100 --> 06:46.380]  motorcycle cop, and that same day, I got the ticket about 730 that morning, by 11 o'clock
[06:46.380 --> 06:52.300]  that day, they already had their, he already got a first round of T close.
[06:52.300 --> 06:59.340]  The following day, which was Friday, he got another T close plus the chief of police.
[06:59.340 --> 07:08.380]  The Monday after that, I filed two lawsuits on the cop and the chief of police.
[07:08.380 --> 07:17.660]  And let's see, so that was Monday, Tuesday, I think I'm, I hadn't filed another T close
[07:17.660 --> 07:18.660]  on him yet.
[07:18.660 --> 07:25.700]  Oh, I was drafting up my lawsuit against the mayor and got that all put together.
[07:25.700 --> 07:34.300]  And today went down to City Hall and had a really nice little interaction with the secretary
[07:34.300 --> 07:35.300]  of the mayor.
[07:35.300 --> 07:37.420]  So I walk into City Hall.
[07:37.420 --> 07:42.420]  I didn't know they had a marshal there that, you know, is at the front desk and won't let
[07:42.420 --> 07:43.420]  nobody see nobody.
[07:43.420 --> 07:48.060]  So he's a nice little gatekeeper, walked in, he goes, Can I help you?
[07:48.060 --> 07:49.060]  I said, Well, I reckon so.
[07:49.060 --> 07:52.060]  I need to see the mayor.
[07:52.060 --> 07:55.580]  He said, Oh, well, you have to have an appointment.
[07:55.580 --> 07:56.580]  I said, Well, that's fine.
[07:56.580 --> 07:57.580]  I really don't need to see him.
[07:57.580 --> 07:59.580]  I just need to see the secretary, actually.
[07:59.580 --> 08:02.220]  He goes, Well, what about?
[08:02.220 --> 08:06.380]  And I said, Well, I need to give him, I need to give him this tort letter.
[08:06.380 --> 08:07.380]  He said, What?
[08:07.380 --> 08:10.780]  He didn't know what a tort letter was, I guess.
[08:10.780 --> 08:15.220]  I said, I got a tort letter here I need to give to the secretary so he can give it to
[08:15.220 --> 08:16.220]  the mayor.
[08:16.220 --> 08:22.300]  So he's like, Okay, and picks up the phone, calls the lady.
[08:22.300 --> 08:28.900]  And about 10 minutes later, this fairly large, good sized black woman comes walking out of
[08:28.900 --> 08:29.900]  the elevator.
[08:29.900 --> 08:33.020]  She goes, I hear somebody's here to serve me.
[08:33.020 --> 08:36.340]  I said, No, ma'am, I'm not here to serve you.
[08:36.340 --> 08:38.620]  I'm here to serve the mayor.
[08:38.620 --> 08:41.220]  And I had an envelope it was in.
[08:41.220 --> 08:43.820]  And so I pulled it all out of the envelope.
[08:43.820 --> 08:49.620]  It was funny while I was waiting, me and that marshal were sitting there talking about construction
[08:49.620 --> 08:55.580]  and nail gun, and I was telling him what kind of nail gun to get because I'm I used to be
[08:55.580 --> 08:57.480]  a carpenter.
[08:57.480 --> 09:01.300]  And so he was like, Yeah, I was looking at that bottle bottle anyhow.
[09:01.300 --> 09:05.500]  So when the lady shows up, I asked her to initial the envelope.
[09:05.500 --> 09:11.340]  I said, If you don't mind just initial this envelope so I can show that I came down here
[09:11.340 --> 09:14.260]  and I have proof that I served it.
[09:14.260 --> 09:16.500]  She said, Sure, no problem.
[09:16.500 --> 09:20.820]  And I said, Okay, thank you very much and gave it to her and turned around and left
[09:20.820 --> 09:26.180]  and and started driving down the street and I thought, Oh, dang, I forgot to sign that
[09:26.180 --> 09:27.180]  puppy.
[09:27.180 --> 09:35.580]  So we brought back around and went back over there and walk back in and marshal goes, What's
[09:35.580 --> 09:36.580]  up now?
[09:36.580 --> 09:41.340]  I said, Oh, man, you and I got the jaw on about those doggone nail guns and got me off
[09:41.340 --> 09:42.340]  track.
[09:42.340 --> 09:45.060]  I forgot I was wanting to sign that thing in front of her.
[09:45.060 --> 09:48.140]  And you asked her to come back down, so I can sign it.
[09:48.140 --> 09:53.060]  So he gets on the phone, he goes, he called her by name, he said, that fella, he came
[09:53.060 --> 09:57.540]  back and he wanted to sign that in front of you and he forgot.
[09:57.540 --> 09:59.100]  And he would like for you to bring it back down.
[09:59.100 --> 10:00.840]  She goes, I'll be right there.
[10:00.840 --> 10:04.060]  I mean, she didn't waste no time this time.
[10:04.060 --> 10:05.580]  She come back down.
[10:05.580 --> 10:08.700]  And I told her I said, I'm sorry, ma'am.
[10:08.700 --> 10:13.820]  We got the jaw on about nail guns and I forgot that I was wanting to sign this thing in front
[10:13.820 --> 10:14.820]  of you.
[10:14.820 --> 10:17.260]  And she was, boy, she was nice as pie.
[10:17.260 --> 10:20.620]  She's like, Oh, that's completely understandable.
[10:20.620 --> 10:21.820]  We're all human.
[10:21.820 --> 10:23.620]  We're all made out of clay.
[10:23.620 --> 10:26.900]  I said, I won't disagree with you one bit.
[10:26.900 --> 10:32.940]  And she said, well, I was just fixing to get, I was just fixing to take this to the city
[10:32.940 --> 10:33.940]  attorney's office.
[10:33.940 --> 10:36.980]  I said, well, they ought to enjoy this little read.
[10:36.980 --> 10:42.180]  She kind of sit there and kind of, yeah, I guess so.
[10:42.180 --> 10:47.300]  So I signed that thing in front of her and then I said, okay, y'all have a great day
[10:47.300 --> 10:48.300]  now.
[10:48.300 --> 10:49.300]  That copy was that Marshall.
[10:49.300 --> 10:51.300]  He was like, Hey, you take care of now, buddy.
[10:51.300 --> 11:01.540]  I was like, you too, you know, she went, I mean, she went lickety split right over to
[11:01.540 --> 11:04.340]  the process, to the, to the city attorney's office.
[11:04.340 --> 11:06.860]  Hey, I bet you she flopped it on their desk.
[11:06.860 --> 11:10.420]  They look at this, you know, anything about anything like this?
[11:10.420 --> 11:16.100]  And he's going to have to say, yeah, we already got our lawsuit on the cop and on the chief
[11:16.100 --> 11:17.100]  of police.
[11:17.100 --> 11:20.980]  And he looks just like that.
[11:20.980 --> 11:23.060]  So this is good.
[11:23.060 --> 11:25.220]  This is good.
[11:25.220 --> 11:31.340]  Now we, if we can get this pretty consistent, I've seen, if I seem a little distracted here
[11:31.340 --> 11:34.860]  is because I'm making some adjustments on my system.
[11:34.860 --> 11:39.980]  I'm getting a little too much feedback in my own headset and I'm blowing my eardrums
[11:39.980 --> 11:40.980]  out.
[11:40.980 --> 11:46.420]  But this is the kind of thing we want to get everybody to where they can start doing.
[11:46.420 --> 11:53.540]  This is the second step behind the filing of the first documents we normally file, requesting
[11:53.540 --> 12:00.240]  all the information from them, you know, on the ticket itself.
[12:00.240 --> 12:04.660]  And then we come back and turn the heat up on them.
[12:04.660 --> 12:09.220]  Now how are your other suits going?
[12:09.220 --> 12:12.660]  We have a number of issues going right now.
[12:12.660 --> 12:20.620]  Yeah, I have, I have roughly seven going and I have, of course I got tons I could file,
[12:20.620 --> 12:24.020]  but here was, here was one thing that was really interesting.
[12:24.020 --> 12:31.140]  So I was going to go file that, the suit on, on the cop and the chief of police Monday.
[12:31.140 --> 12:38.700]  Well, I'd already gotten a letter from the district court because I filed a suit on a
[12:38.700 --> 12:43.620]  mesquite judge, prosecutor and a cop.
[12:43.620 --> 12:50.860]  Well, the court on the one for the judge wrote me back and said they had a mediator already
[12:50.860 --> 12:51.860]  set up.
[12:51.860 --> 12:53.580]  So I needed to contact the mediator.
[12:53.580 --> 12:58.020]  Well, I called that mediator by eight o'clock that morning, Monday morning.
[12:58.020 --> 13:00.460]  Well, I take the train to go downtown.
[13:00.460 --> 13:06.340]  Soon as I got off the train, I was just about to cross the street to walk into the district
[13:06.340 --> 13:09.020]  court so I could go file that phone's ringing.
[13:09.020 --> 13:10.020]  I didn't know who it was.
[13:10.020 --> 13:12.760]  I answered it and it was the mediator.
[13:12.760 --> 13:19.420]  So her and I got to talking and it was really interesting because I was telling her a little
[13:19.420 --> 13:26.140]  bit about what's going on and I told her the reason why we're doing this is to hold public
[13:26.140 --> 13:33.300]  officials accountable to the law as it's written because they're not following as it's written.
[13:33.300 --> 13:37.420]  And she was like, okay, and I even told her about you and the show.
[13:37.420 --> 13:41.620]  I said, shoot, I'd even like to get you on the show sometime if you want, you know, you
[13:41.620 --> 13:45.260]  can sit there and talk about what you do and all this other stuff.
[13:45.260 --> 13:46.260]  She's like, really?
[13:46.260 --> 13:48.460]  And I was like, yeah, this is serious.
[13:48.460 --> 13:50.700]  We've been doing this for a while.
[13:50.700 --> 13:53.500]  You've been doing it for, you know, forever.
[13:53.500 --> 14:03.940]  And so anyhow, I told her kind of what was going on briefly and told her that one of
[14:03.940 --> 14:10.540]  the cops, it was an AR collode, a mesquite cop, told me that I could be shot in the head
[14:10.540 --> 14:13.180]  for exercising my constitutional right.
[14:13.180 --> 14:17.620]  Well, that lady kind of got, she got really upset about that.
[14:17.620 --> 14:18.620]  She goes, what?
[14:18.620 --> 14:19.620]  I said, yeah.
[14:19.620 --> 14:27.300]  And I said, this all happened then and I said, not only that, it's about two years prior.
[14:27.300 --> 14:33.820]  There's a case going, a federal case is Dyer, I can't think of his first name off the top
[14:33.820 --> 14:42.540]  of my head, but anyhow, 18 year old boy that got harassed by the cops, well, they wound
[14:42.540 --> 14:46.340]  up, they tased him in the testicles till he died.
[14:46.340 --> 14:50.380]  He died in police, in the jail, in police custody.
[14:50.380 --> 14:52.460]  And I told her about that case.
[14:52.460 --> 14:57.620]  I said, you know, these people have got some, they got some issues going on.
[14:57.620 --> 15:01.620]  And she, that kind of resonated with her when I told her that.
[15:01.620 --> 15:03.180]  And she's like, oh, you're kidding.
[15:03.180 --> 15:05.740]  I said, no, ma'am, I got all the information.
[15:05.740 --> 15:07.140]  I got the case and everything.
[15:07.140 --> 15:08.860]  I've been reading up on it.
[15:08.860 --> 15:11.220]  I said, it's horrendous.
[15:11.220 --> 15:16.060]  And you know, that's, this is just something that really struck a nerve with me and it,
[15:16.060 --> 15:21.740]  it upset me hugely because I have an 18 year old boy and it looked just about like, you
[15:21.740 --> 15:28.180]  know, that one that got killed and I was, that was, for some reason, it just really
[15:28.180 --> 15:29.760]  gnawed on me.
[15:29.760 --> 15:35.380]  And so, and I need to go back and address that, uh, Kelota guy and take him to court
[15:35.380 --> 15:40.220]  too, for telling people that they can be shot in the head for exercising their rights.
[15:40.220 --> 15:46.180]  So you just, and him wearing a loaded weapon, that's serious business.
[15:46.180 --> 15:50.940]  That's first degree felony aggravated assault is what that is.
[15:50.940 --> 15:55.420]  I'm not done with him and I'm just warming up.
[15:55.420 --> 16:01.860]  So um, she, and then I told her, she said, well, um, I told her, I said, well, you know,
[16:01.860 --> 16:07.780]  we wanted to have a mediation in a place where, you know, it'd be neutral and show we can
[16:07.780 --> 16:12.940]  have it in my office and they're over in North Dallas and like Galleria, which is real fancy
[16:12.940 --> 16:14.940]  expensive.
[16:14.940 --> 16:17.420]  And she said, well, you just have to pay for half of it.
[16:17.420 --> 16:21.340]  I said, well, I filed into Jen because I'm pretty poor right now.
[16:21.340 --> 16:26.380]  You know, I lost my business in 08 and I haven't fully recovered from anything.
[16:26.380 --> 16:31.900]  And she said, well, we could have it at the, at the courthouse where they have some kind
[16:31.900 --> 16:36.220]  of deal where poor people get to go or whatever and yada, yada, yada.
[16:36.220 --> 16:37.900]  I said, okay, there's music.
[16:37.900 --> 16:40.540]  So go ahead and take us to the break.
[16:40.540 --> 16:41.540]  Okay.
[16:41.540 --> 16:44.780]  This is Randy Hilton, Debra Stevens with Rule of Law Radio.
[16:44.780 --> 16:48.940]  Our call in number 512-646-1984.
[16:48.940 --> 16:50.900]  We'll be taking your calls all night.
[16:50.900 --> 16:53.260]  We'll be right back.
[16:53.260 --> 16:55.980]  Dang, Cookie.
[16:55.980 --> 16:57.380]  Cookie?
[16:57.380 --> 17:01.460]  Me love cookies.
[17:01.460 --> 17:04.660]  Oh, hi, Cookie Muncher.
[17:04.660 --> 17:06.420]  No, these are yucky cookies.
[17:06.420 --> 17:07.420]  Cookies?
[17:07.420 --> 17:08.420]  Yucky?
[17:08.420 --> 17:09.420]  No.
[17:09.420 --> 17:10.420]  No bad cookies.
[17:10.420 --> 17:11.420]  You can't even eat these cookies.
[17:11.420 --> 17:12.420]  These are cyber cookies.
[17:12.420 --> 17:13.420]  No.
[17:13.420 --> 17:14.420]  No.
[17:14.420 --> 17:15.420]  No.
[17:15.420 --> 17:16.420]  No.
[17:16.420 --> 17:17.420]  They are cyber cookies and they clog up your computer.
[17:17.420 --> 17:18.420]  These have apple.
[17:18.420 --> 17:19.420]  Really?
[17:19.420 --> 17:21.420]  Oh, that's an actual apple.
[17:21.420 --> 17:23.300]  Yummy apple.
[17:23.300 --> 17:26.740]  I'm going to throw away these yucky cookies in the trash.
[17:26.740 --> 17:32.900]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.900 --> 17:34.460]  Bye bye, yucky cookies.
[17:34.460 --> 17:40.140]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right hand
[17:40.140 --> 17:46.140]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.140 --> 17:47.140]  new cookies.
[17:47.140 --> 17:48.980]  New cookies for me?
[17:48.980 --> 17:50.980]  Consider it an early Christmas present.
[17:50.980 --> 17:55.760]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:55.760 --> 17:57.460]  radio network too.
[17:57.460 --> 17:58.460]  C is for cookie.
[17:58.460 --> 18:02.700]  C is for classified.
[18:02.700 --> 18:08.820]  It's the 2017 Logos Radio Network annual fundraiser sponsored by Central Texas Gunworks, Defense
[18:08.820 --> 18:10.820]  Distributed and Fat Sal's Deli.
[18:10.820 --> 18:14.100]  Go to logosradionetwork.com and enter to win.
[18:14.100 --> 18:16.760]  Every $25 donation is a chance to win.
[18:16.760 --> 18:22.540]  From Central Texas Gunworks, first place up for grabs, a Spike's Tactical AR-15.
[18:22.540 --> 18:26.460]  Second place, Taurus PT-111 G2 9mm pistol.
[18:26.460 --> 18:30.900]  From Defense Distributed, third place, the AR-308 80% lower.
[18:30.900 --> 18:33.820]  From Fat Sal's Deli, fifth place, $100 gift card.
[18:33.820 --> 18:40.660]  From Fat Sal's Deli, every $25 donation is a chance to win.
[18:40.660 --> 18:42.060]  That's logosradionetwork.com.
[18:42.060 --> 18:48.300]  Also, if you purchase Randy Kelton's eBook, Legal 101, you get four chances to win.
[18:48.300 --> 18:51.340]  Purchase Eddie Craig's traffic seminar and get 10 chances to win.
[18:51.340 --> 18:54.940]  And remember, every $25 donation is a chance to win.
[18:54.940 --> 19:01.940]  Go to logosradionetwork.com for details and donate today.
[19:24.940 --> 19:34.820]  Okay, we are back.
[19:34.820 --> 19:41.220]  Randy Kelton, Debra Stevens, Rule of Our Radio on this Thursday, the 14th day of September
[19:41.220 --> 19:49.820]  2017, and we're talking to Scott in Texas about his mediator.
[19:49.820 --> 19:59.900]  Frankly, I've been pretty excited about the prospect of a mediator, because this is the
[19:59.900 --> 20:08.580]  first time the opposition can sit down and speak to you face to face and not lose face.
[20:08.580 --> 20:15.300]  They don't have to maintain a position or a posture.
[20:15.300 --> 20:19.200]  Now they're in a position to where they're required to sit down and talk to you and try
[20:19.200 --> 20:22.900]  to work out a solution.
[20:22.900 --> 20:29.620]  So it will be very interesting to see what kind of mediation they bring to the table.
[20:29.620 --> 20:31.740]  Go ahead, Scott.
[20:31.740 --> 20:32.740]  Okay.
[20:32.740 --> 20:42.340]  Well, yeah, so when I was talking to the mediator lady and kind of explained everything, and
[20:42.340 --> 20:47.340]  we was talking about the neutral location, and it was mainly so it wasn't going to be
[20:47.340 --> 20:55.020]  like where the judge's courthouse or something like that, where he could kick me out or try
[20:55.020 --> 21:00.300]  to hold me or put me in jail or hold me in contempt, because both times I went before
[21:00.300 --> 21:05.580]  this judge, he was trying to hold me in contempt of court both times.
[21:05.580 --> 21:13.160]  What I've got him charged with is tampering with a government record, because I had submitted
[21:13.160 --> 21:20.260]  a criminal complaint against the mayor for allowing his Quizlings to not give me the
[21:20.260 --> 21:25.300]  911 call about that cop who was saying I was going to get shot in the head, and them stalking
[21:25.300 --> 21:28.360]  me across the street.
[21:28.360 --> 21:34.440]  When he read that part about Quizling, this guy just come unglued, and I mean he lost
[21:34.440 --> 21:41.860]  all kinds of composure and ordered me up to the bench to... First off, he was really
[21:41.860 --> 21:47.340] ... He broke out a red folder to tell me all the different ways I could be held in contempt
[21:47.340 --> 21:48.340]  of court.
[21:48.340 --> 21:56.140]  He was absolutely searching for any way to hold me in contempt on this Quizling thing.
[21:56.140 --> 22:00.740]  I told him, I said, I'm not calling you a Quizling, and he said, well, who are you calling
[22:00.740 --> 22:01.740]  a Quizling?
[22:01.740 --> 22:02.740]  You're calling this court a Quizling.
[22:02.740 --> 22:03.740]  I said, I'm not calling you a Quizling.
[22:03.740 --> 22:05.300]  I'm not calling this court a Quizling.
[22:05.300 --> 22:06.780]  Well, who are you calling a Quizling?
[22:06.780 --> 22:10.020]  I said, the chief of police.
[22:10.020 --> 22:12.020]  That kind of shut him down.
[22:12.020 --> 22:21.020]  Well, yeah, now when we have to go to mediation, this Quizling thing, and he can't hold me
[22:21.020 --> 22:22.020]  in contempt or anything.
[22:22.020 --> 22:26.620]  Well, when I was talking to the lady about it, she said, well, as long as you're not
[22:26.620 --> 22:31.740]  being unruly and trying to pick a fight or anything, I'm not going to kick you out at
[22:31.740 --> 22:32.740]  all.
[22:32.740 --> 22:35.560]  I said, okay.
[22:35.560 --> 22:39.660]  She said, for some reason, you don't strike me as that kind of person.
[22:39.660 --> 22:40.660]  I said, no, ma'am.
[22:40.660 --> 22:45.700]  I said, even when they're threatening me to hold me in contempt of court, I still kept
[22:45.700 --> 22:46.700]  my composure.
[22:46.700 --> 22:52.260]  It's not easy, but you do it.
[22:52.260 --> 22:55.180]  She was like, I'm going to help you, no matter what.
[22:55.180 --> 23:03.620]  Even if we have to go to wherever we're supposed to go for people that are poor, I'm going
[23:03.620 --> 23:04.620]  to help you.
[23:04.620 --> 23:07.020]  I said, all right.
[23:07.020 --> 23:11.500]  When I hung up the phone with her, well, before I hung up the phone, she said, well, I just
[23:11.500 --> 23:17.260]  need to, I'm going to have to call the judge and see about setting up a time.
[23:17.260 --> 23:24.220]  I said, well, I'm ready to go right now, and if he's ready to go, we'll have this mediation
[23:24.220 --> 23:25.220]  next week.
[23:25.220 --> 23:28.020]  She said, well, I don't know if he'll be ready for that.
[23:28.020 --> 23:34.020]  I said, well, whatever you want to do, but I'm ready to go now.
[23:34.020 --> 23:37.900]  She was like, okay.
[23:37.900 --> 23:44.140]  We hung up the phone, and she had to be buzzing him saying, this guy's ready, but she was
[23:44.140 --> 23:45.580]  still waiting on the paperwork.
[23:45.580 --> 23:46.900]  She hadn't even read it yet.
[23:46.900 --> 23:49.620]  I said, well, do you want me to explain it to you a little bit?
[23:49.620 --> 23:51.020]  She goes, no, that's okay.
[23:51.020 --> 23:53.100]  I'll just wait until I get it, and then I'll just read it.
[23:53.100 --> 23:55.020]  I said, that'd be a good idea.
[23:55.020 --> 23:59.140]  You might like this one.
[23:59.140 --> 24:10.940]  I can't say that she was on my side, but she certainly didn't seem adversarial at all.
[24:10.940 --> 24:18.100]  That's exactly what we're hoping with a mediator, that this is someone that doesn't have a dog
[24:18.100 --> 24:21.740]  in this hunt from either side.
[24:21.740 --> 24:24.360]  Generally, mediators are professional.
[24:24.360 --> 24:25.700]  This is professional mediators.
[24:25.700 --> 24:27.580]  That's what they do.
[24:27.580 --> 24:35.420]  They do this all the time, and they do it with parties with which they have no associations.
[24:35.420 --> 24:42.320]  So it'll be good to have an actual neutral party instead of a pretender judge up there
[24:42.320 --> 24:46.780]  pretending to be neutral when he absolutely is not.
[24:46.780 --> 24:50.820]  So I'm excited to see how this plays out.
[24:50.820 --> 24:51.820]  Okay.
[24:51.820 --> 24:52.820]  Go ahead.
[24:52.820 --> 24:57.340]  I was going to just say, that's exactly what she said.
[24:57.340 --> 24:59.500]  She goes, I don't know this judge.
[24:59.500 --> 25:01.020]  I know nothing about him.
[25:01.020 --> 25:06.060]  I don't have a dog in this fight, and I'm just here to see what we can get worked out.
[25:06.060 --> 25:09.900]  I said, sounds good to me, so I'll let you pull the trigger on it.
[25:09.900 --> 25:15.580]  You just tell me when I'm ready to go, and I even told her my itinerary for the rest
[25:15.580 --> 25:16.580]  of the year.
[25:16.580 --> 25:21.780]  I said, I've got certain days coming from October to December that are already booked
[25:21.780 --> 25:26.140]  for my work and stuff, so I've got some days open.
[25:26.140 --> 25:32.940]  Here they are already in advance, and she was like, okay, and so yeah, that was a real
[25:32.940 --> 25:41.060]  positive sign, and I'm really looking forward to it because now this guy, he can't be all
[25:41.060 --> 25:44.380]  bowed up on me like he was sitting behind that bench.
[25:44.380 --> 25:48.620]  Now he's going to have to look me in the eye, and I'm going to be kind of thumping the table
[25:48.620 --> 25:52.220]  going, yeah, contempt of court, y'all remember contempt of court?
[25:52.220 --> 25:58.740]  I don't want to be kind of rubbing it in his face, but he's certainly going to know.
[25:58.740 --> 26:01.400]  I don't think the judge is going to be there.
[26:01.400 --> 26:03.380]  It will be his attorney.
[26:03.380 --> 26:04.380]  Hmm.
[26:04.380 --> 26:13.620]  Mediation is always generally done with the attorneys, and sometimes the client will be
[26:13.620 --> 26:14.940]  there, but this guy's a judge.
[26:14.940 --> 26:19.620]  The likelihood of him being there is somewhere between little and none.
[26:19.620 --> 26:21.580]  Oh, okay.
[26:21.580 --> 26:30.180]  So they're likely to come to the table and not mediate in good faith.
[26:30.180 --> 26:32.700]  At least you hope that's what they do.
[26:32.700 --> 26:39.660]  Then you get to petition the judge for sanctions against him for failing to mediate in good
[26:39.660 --> 26:40.660]  faith.
[26:40.660 --> 26:45.540]  Oh, that'll be fun.
[26:45.540 --> 26:46.900]  But they may surprise us.
[26:46.900 --> 26:52.960]  They may actually bring something to the table.
[26:52.960 --> 26:58.980]  It's going to be interesting because the same attorney that's representing that judge is
[26:58.980 --> 27:06.460]  going to be representing the cop and the prosecutor because they're all out of Mesquite.
[27:06.460 --> 27:15.080]  And the one for... I just had the Fifth Circuit go ahead and grant me the appeal on the cop
[27:15.080 --> 27:22.820]  when I filed a federal lawsuit, so now I have my brief I have to write for the Fifth Circuit
[27:22.820 --> 27:24.460]  and get that popped in.
[27:24.460 --> 27:36.260]  But I've already filled out the popper's thing for them and wrote them again to get PACER.
[27:36.260 --> 27:43.180]  They wrote me back, and actually you have to go on to the Fifth Circuit website and
[27:43.180 --> 27:49.980]  complete a couple of online tutorials, and once you complete it, it has a button that
[27:49.980 --> 28:00.060]  you push that'll email the court affirming that you completed that section to learn how
[28:00.060 --> 28:01.400]  to use PACER.
[28:01.400 --> 28:10.740]  So I did all that and then recreated another motion to say, hey, I've completed the task
[28:10.740 --> 28:17.420]  and everything that you asked me, and I need you to go ahead and grant me PACER and certify
[28:17.420 --> 28:18.940]  the proceedings.
[28:18.940 --> 28:27.220]  Because what has been happening here is you file an affidavit of indigency and then you
[28:27.220 --> 28:29.300]  get it shoved into the federal court.
[28:29.300 --> 28:33.540]  Well, then they accept it and go start moving forward until they start figuring out this
[28:33.540 --> 28:39.140]  really has some legs to it and can go forward, and then the magistrate judge will jerk it
[28:39.140 --> 28:46.500]  out from underneath you saying that you didn't file the affidavit of indigency in good faith
[28:46.500 --> 28:49.300]  and they weren't going to certify the proceedings.
[28:49.300 --> 28:53.700]  So that was kind of a roadblock that they were throwing up, but this was before I actually
[28:53.700 --> 28:56.120]  had filed and got food stamps.
[28:56.120 --> 29:02.020]  So anybody that's making less than $1,300 a month, you can qualify for food stamps.
[29:02.020 --> 29:07.300]  I just got a new letter today saying that I've been granted my food stamps for longer,
[29:07.300 --> 29:13.580]  and it actually gave me the actual number of what the magic number is to qualify.
[29:13.580 --> 29:18.980]  Like I said, if you make more than $1,300 a month, you won't be able to qualify for
[29:18.980 --> 29:23.180]  food stamps, but if you make less than that, then you can qualify.
[29:23.180 --> 29:29.900]  Once you get food stamps, then you're automatically in because you're getting some government
[29:29.900 --> 29:30.900]  assistance.
[29:30.900 --> 29:33.980]  So you're officially poor now.
[29:33.980 --> 29:37.140]  So that worked out really well.
[29:37.140 --> 29:43.580]  So there's music again, and I'm pretty much done unless you want me to talk some more.
[29:43.580 --> 29:44.580]  Okay.
[29:44.580 --> 29:47.780]  Yeah, we got a couple more callers we'd like to go to.
[29:47.780 --> 29:49.660]  But thanks a lot, Scott.
[29:49.660 --> 29:52.460]  Keep up the good work and keep us up to speed.
[29:52.460 --> 29:55.540]  Randy Kelton, Deborah Stevens, Rule of All Radio.
[29:55.540 --> 30:02.080]  I call in number 512-646-1984 will be right.
[30:02.080 --> 30:07.060]  We all laughed when cartoonist Scott Adams drew comics of cubicle hell, but his hero
[30:07.060 --> 30:09.820]  Dilbert now has science to back him up.
[30:09.820 --> 30:14.260]  I'm Dr. Catherine Albrecht, and I'll be back to tell you the downsides of the dreaded office
[30:14.260 --> 30:16.340]  cubicle.
[30:16.340 --> 30:17.920]  Privacy is under attack.
[30:17.920 --> 30:21.500]  When you give up data about yourself, you'll never get it back again.
[30:21.500 --> 30:26.300]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.300 --> 30:31.860]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.860 --> 30:34.060]  Privacy, it's worth hanging on to.
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[30:53.020 --> 30:58.380]  Open cubicles interfere with workers' concentration and their privacy, leading to insecurity when
[30:58.380 --> 31:01.900]  others can see what they type and hear their phone calls.
[31:01.900 --> 31:06.660]  Ninety percent of research reviewed confirmed that open offices have negative outcomes,
[31:06.660 --> 31:11.380]  including stress, conflict, high blood pressure, and high turnover.
[31:11.380 --> 31:16.140]  Management can help by providing quiet, uninterrupted workspaces for employees whose jobs require
[31:16.140 --> 31:17.580]  focus and concentration.
[31:17.580 --> 31:22.460]  Now, if I could just find a quiet place to think, I'll put that in a memo to the pointy
[31:22.460 --> 31:23.460]  haired boss.
[31:23.460 --> 31:25.340]  I'm Dr. Catherine Albrecht.
[31:25.340 --> 31:30.620]  More news and information at CatherineAlbrecht.com.
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[31:59.500 --> 32:04.980]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:04.980 --> 32:08.580]  In today's America, we live in an us against them society, and if we the people are ever
[32:08.580 --> 32:12.780]  going to have a free society, then we're going to have to stand and defend our own rights.
[32:12.780 --> 32:15.980]  Among those rights are the right to travel freely from place to place, the right to act
[32:15.980 --> 32:20.020]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.020 --> 32:24.380]  The courts afford us the least expensive opportunity to learn how to enforce and preserve our rights
[32:24.380 --> 32:25.380]  through due process.
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[32:29.240 --> 32:33.020]  most comprehensive teaching tool available that will help you understand what due process
[32:33.020 --> 32:35.400]  is and how to hold the courts to the rule of law.
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[33:02.580 --> 33:05.980]  Live Free Speech Radio, LogosRadioNetwork.com.
[33:05.980 --> 33:19.740]  Yeah, Mr. Officer, you're taking the law in your hand.
[33:19.740 --> 33:22.740]  Won't you follow the law of the land?
[33:22.740 --> 33:24.740]  I don't understand.
[33:24.740 --> 33:35.780]  Your job is to protect and preserve, not be an abuse, Officer!
[33:35.780 --> 33:41.460]  Okay, we are back, Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're going to Adam
[33:41.460 --> 33:42.460]  in Texas.
[33:42.460 --> 33:43.460]  Hello, Adam.
[33:43.460 --> 33:44.460]  Adam, are you there?
[33:44.460 --> 33:45.460]  Speak.
[33:45.460 --> 33:46.460]  Hey, Randy, can you hear me?
[33:46.460 --> 33:47.460]  Yeah, I can hear you.
[33:47.460 --> 33:48.460]  Oh, hey, how you doing tonight?
[33:48.460 --> 33:49.460]  I'm doing good.
[33:49.460 --> 33:50.460]  What do you have for us today?
[33:50.460 --> 33:51.460]  Oh, just a couple questions.
[33:51.460 --> 34:18.100]  Speeding Ticket Municipality, Texas, when the citation is issued and it has the, you know,
[34:18.100 --> 34:26.940]  prior, on, or before, when you appear on the on at the time, specified time and date, when
[34:26.940 --> 34:34.060]  the judge, when the municipal judge is not present, does that constitute judicial misfusions?
[34:34.060 --> 34:40.820]  Would that constitute judicial disqualification for the simple fact that he's not present
[34:40.820 --> 34:44.060]  on the day that you agreed to be there to meet with the Magistrate?
[34:44.060 --> 34:47.940]  No, that doesn't go to disqualification.
[34:47.940 --> 34:51.460]  That goes to abuse of process.
[34:51.460 --> 34:52.460]  Abuse of process.
[34:52.460 --> 34:53.460]  Okay.
[34:53.460 --> 34:57.100]  Yes, you agreed to appear on this day at this time.
[34:57.100 --> 35:07.660]  Now, at this time may be on or before, but on or any time on or before is at this time.
[35:07.660 --> 35:14.060]  And the court had a duty to have a magistrate available and the court did not.
[35:14.060 --> 35:17.940]  So that was abuse of process.
[35:17.940 --> 35:22.700]  It wouldn't necessarily go to the judge.
[35:22.700 --> 35:26.140]  It absolutely would not go to recusal or disqualification.
[35:26.140 --> 35:27.140]  Okay.
[35:27.140 --> 35:33.780]  So it'd be a judicial notice, just simply informing them that the fact that they weren't
[35:33.780 --> 35:37.140]  there on the on date?
[35:37.140 --> 35:39.940]  You'd file abuse of process against the officer.
[35:39.940 --> 35:43.820]  Sir, can you repeat that?
[35:43.820 --> 35:46.620]  Yes, you don't know anything about the court.
[35:46.620 --> 35:52.200]  You just know that you were pulled over by this officer and he handed you this document
[35:52.200 --> 35:55.940]  that ordered you to be at the court on this day at this time.
[35:55.940 --> 35:59.740]  You don't know if the court had anything to do with that.
[35:59.740 --> 36:02.160]  All you know is you got this ticket from this officer.
[36:02.160 --> 36:07.780]  So at this point, your only issue is with the officer.
[36:07.780 --> 36:08.780]  Okay.
[36:08.780 --> 36:17.820]  Now, if the clerk tries to take a plea from you, now you may have an issue with the clerk.
[36:17.820 --> 36:18.820]  Okay.
[36:18.820 --> 36:26.780]  That was my second question was when I went to the municipal court to get the record for
[36:26.780 --> 36:36.900]  my alleged speeding violation, the municipal clerk told me that unless I provided my driver's
[36:36.900 --> 36:41.820]  license, I could not have copies of the public record.
[36:41.820 --> 36:44.420]  Is that an offense against Supra?
[36:44.420 --> 36:45.420]  Yes.
[36:45.420 --> 36:46.420]  Okay.
[36:46.420 --> 36:51.020]  They are allowed to, they can ask you two questions.
[36:51.020 --> 36:53.660]  The first question is who are you?
[36:53.660 --> 36:57.580]  So yes, they can identify you.
[36:57.580 --> 37:03.820]  Second question is what records do you seek if you're seeking records?
[37:03.820 --> 37:07.460]  So yes, she can ask you that.
[37:07.460 --> 37:13.340]  But can she demand that I show my driver's license in order to get copies?
[37:13.340 --> 37:18.780]  Is that a prerequisite or is that a violation of the Open Records Act to demand...
[37:18.780 --> 37:20.300]  No, it's not a violation.
[37:20.300 --> 37:24.740]  They are authorized to identify you.
[37:24.740 --> 37:26.380]  Okay.
[37:26.380 --> 37:29.000]  So they can make inquiry to identify you.
[37:29.000 --> 37:31.620]  They are authorized to do that.
[37:31.620 --> 37:33.780]  All right.
[37:33.780 --> 37:38.460]  Well, that's my two questions, Randy.
[37:38.460 --> 37:39.460]  Okay.
[37:39.460 --> 37:41.460]  Well, stay after them.
[37:41.460 --> 37:42.460]  Okay.
[37:42.460 --> 37:43.820]  Thank you, Adam.
[37:43.820 --> 37:46.700]  Now we're going to go to Pat in Texas.
[37:46.700 --> 37:48.500]  Hello, Pat.
[37:48.500 --> 37:51.660]  What do you have for us today?
[37:51.660 --> 37:52.660]  Not a whole lot.
[37:52.660 --> 38:00.060]  Number one, if you would pass my information on to Scott, he's in the Dallas area, right?
[38:00.060 --> 38:01.060]  Yes.
[38:01.060 --> 38:03.900]  Have you forwarded your email to him?
[38:03.900 --> 38:07.540]  No, it would be good.
[38:07.540 --> 38:09.660]  I would love to get in contact with him.
[38:09.660 --> 38:12.500]  My wife is going to be in Dallas this coming week.
[38:12.500 --> 38:19.940]  Will you send me another email and I will send it to him with a...
[38:19.940 --> 38:23.580]  I will chastise him for not getting back to you.
[38:23.580 --> 38:27.180]  I'll give you the cell phone number again and everything.
[38:27.180 --> 38:35.900]  The cell phones don't work out here because of where we're at, but it works in Dallas.
[38:35.900 --> 38:39.060]  There's no cell reception within miles of this place.
[38:39.060 --> 38:40.060]  Okay.
[38:40.060 --> 38:44.860]  Well, he's in Garland, so he's just in North Summer in Dallas.
[38:44.860 --> 38:45.860]  Yeah.
[38:45.860 --> 38:49.800]  I might get him to go over and pick up some parts for me.
[38:49.800 --> 38:52.860]  I've got something ordered from a place in Garland.
[38:52.860 --> 38:57.260]  He sounds like a guy that could get done for me.
[38:57.260 --> 39:02.260]  Yeah, I'm sure he'd be glad to.
[39:02.260 --> 39:07.300]  And I wouldn't mind driving up there and sitting down with him because I've got to get some
[39:07.300 --> 39:12.900]  things filed here pretty quick because it's already been a month now since they gave me
[39:12.900 --> 39:16.260]  my dismissal with prejudice.
[39:16.260 --> 39:22.480]  And I've got a host of characters that I need to invite to the ball.
[39:22.480 --> 39:30.860]  Do you have pretty well a plan of action so far?
[39:30.860 --> 39:37.980]  I have been formulating some things I'd like to do, but it depends on the easiest, fastest
[39:37.980 --> 39:39.700]  way of approaching things.
[39:39.700 --> 39:40.700]  Okay.
[39:40.700 --> 39:41.700]  Hold on.
[39:41.700 --> 39:42.700]  Hold on.
[39:42.700 --> 39:43.700]  Let me back up.
[39:43.700 --> 39:44.700]  This is Pat.
[39:44.700 --> 39:49.140]  This is where a DPS officer tried to pull him over out in the middle of nowhere, and
[39:49.140 --> 39:51.540]  he had reason not to trust these guys.
[39:51.540 --> 39:56.380]  So he was going to a place, a public place where there were other witnesses, and they
[39:56.380 --> 40:00.060]  brought in a bunch of cops and pulled him over and charged him with felony flight to
[40:00.060 --> 40:01.600]  evade.
[40:01.600 --> 40:04.420]  He didn't knock a lunder for him and fought him for two years.
[40:04.420 --> 40:08.000]  They finally dismissed everything with prejudice.
[40:08.000 --> 40:10.780]  So that's what we're talking about now.
[40:10.780 --> 40:17.200]  Now that they've dismissed, now it's Pat's turn to turn around and go back after them.
[40:17.200 --> 40:24.700]  So have you created a timeline and then gone through that timeline and highlighted out
[40:24.700 --> 40:33.580]  each place where they have violated code or procedure or penal code or procedure?
[40:33.580 --> 40:35.020]  Oh, yes.
[40:35.020 --> 40:39.420]  We have actually filed motions on every last one of them.
[40:39.420 --> 40:40.420]  They refi...
[40:40.420 --> 40:42.180]  I've got four inches of paper filed.
[40:42.180 --> 40:43.500]  No, no.
[40:43.500 --> 40:45.300]  I'm talking about something else.
[40:45.300 --> 40:46.500]  No, no.
[40:46.500 --> 40:47.700]  I know what you're talking about.
[40:47.700 --> 40:55.500]  We have actual filed documents for every point, everything that they have violated, I have
[40:55.500 --> 40:59.380]  documentation for.
[40:59.380 --> 41:05.100]  When you come back and file an action against them, every time I take these guys on, I've
[41:05.100 --> 41:13.340]  always got so many potential criminal complaints, I just cannot get to all of them.
[41:13.340 --> 41:22.260]  So I try to put together a story, a story so that the complaints I stick in there tend
[41:22.260 --> 41:26.300]  to support my storyline.
[41:26.300 --> 41:29.860]  There are a lot of other complaints I could put in there, but if they don't support my
[41:29.860 --> 41:36.580]  storyline, all they do is look like I'm just being difficult.
[41:36.580 --> 41:38.380]  So I try to...
[41:38.380 --> 41:40.940]  I'm always thinking, you know, what's a grand jury?
[41:40.940 --> 41:44.860]  How's a grand jury going to respond to what I'm saying?
[41:44.860 --> 41:48.180]  So I only put those in that tend to lead toward my storyline.
[41:48.180 --> 41:50.580]  Have you put something together like that?
[41:50.580 --> 41:52.180]  Oh yeah.
[41:52.180 --> 41:53.180]  Okay.
[41:53.180 --> 42:00.020]  That's what I was asking for is, what are you going to go after them for?
[42:00.020 --> 42:08.460]  Well, it's going to be out here next to impossible to get anything through on the criminal side.
[42:08.460 --> 42:16.020]  So what I wanted to do was, and I hadn't thought about it until today when a friend of mine
[42:16.020 --> 42:23.900]  made comment, file in small claims court on some of the actions going after their bonds
[42:23.900 --> 42:27.380]  and their insurance policies.
[42:27.380 --> 42:31.860]  And there's another advantage to filing in a small claims court.
[42:31.860 --> 42:32.860]  You get discovery.
[42:32.860 --> 42:33.860]  Oh yeah.
[42:33.860 --> 42:42.260]  And then you get discovery there that you can then use later.
[42:42.260 --> 42:49.020]  And the other side of it is, we were going to file in the federal tort claims court.
[42:49.020 --> 42:55.740]  Not filing Title 42 stuff, because you can file Title 42 in the state district court,
[42:55.740 --> 43:03.620]  but go in the tort claims court and go strictly after the bonds and insurance again.
[43:03.620 --> 43:05.340]  Same thing.
[43:05.340 --> 43:06.940]  Okay.
[43:06.940 --> 43:14.340]  One thing that I don't see happening a lot, have you filed criminally against them with
[43:14.340 --> 43:15.740]  the feds?
[43:15.740 --> 43:17.540]  No, not yet.
[43:17.540 --> 43:24.540]  Because if they've used border patrol officers, those border patrol officers drag them all
[43:24.540 --> 43:27.700]  in the federal venue.
[43:27.700 --> 43:34.820]  If their actions are predicate acts toward an ongoing criminal conspiracy, that's going
[43:34.820 --> 43:41.340]  to make them all nervous, because that's the language of RICO.
[43:41.340 --> 43:42.340]  Are you still in Tennessee?
[43:42.340 --> 43:43.340]  Yes, I am.
[43:43.340 --> 43:44.340]  All right.
[43:44.340 --> 43:50.740]  We'll just pick this up on the backside of the music there for a couple of minutes.
[43:50.740 --> 43:53.820]  I know you got other people and it's a short night.
[43:53.820 --> 43:54.820]  Okay.
[43:54.820 --> 43:55.820]  Hang on.
[43:55.820 --> 43:57.660]  Randy Kelton, Deborah Stevens, Riverdale Radio.
[43:57.660 --> 44:00.420]  We'll be right back.
[44:00.420 --> 44:02.980]  Hello.
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[46:10.140 --> 46:40.060]  Okay, we are back.
[46:40.060 --> 46:46.140]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and we're talking to Pat in Texas.
[46:46.140 --> 46:50.340]  And Pat, you had a question or comment for us?
[46:50.340 --> 47:04.680]  Well, the main drive to this whole thing is, the federal boys, they're wrapped tight on
[47:04.680 --> 47:06.380]  a couple of side issues.
[47:06.380 --> 47:12.680]  The assistant DA that was handling it was on a federal grant from DHS.
[47:12.680 --> 47:17.140]  And as he put it, the only reason why he got involved was because the border patrol got
[47:17.140 --> 47:18.140]  involved.
[47:18.140 --> 47:19.660]  Okay, hold on.
[47:19.660 --> 47:20.660]  Step back.
[47:20.660 --> 47:27.100]  Assistant DA, are you talking about a US attorney or a local DA?
[47:27.100 --> 47:29.100]  Local DA.
[47:29.100 --> 47:42.740]  Okay, that's an issue that we looked at before.
[47:42.740 --> 47:51.700]  I don't remember authorizing my sheriff to take payola money from a foreign entity.
[47:51.700 --> 47:56.860]  Well, it's not just the sheriff who's doing it.
[47:56.860 --> 48:00.900]  Yeah, I've got a list of the equipment that they got.
[48:00.900 --> 48:10.380]  Okay, I understand, but the sheriff is the main law enforcement official in the county.
[48:10.380 --> 48:16.340]  I didn't authorize any of them to take payola from a foreign entity, and the United States
[48:16.340 --> 48:23.220]  is a foreign entity as related to the state of Texas.
[48:23.220 --> 48:24.460]  Correct.
[48:24.460 --> 48:30.020]  So I would seriously want to look at that, especially if you're now in a position to
[48:30.020 --> 48:38.260]  where it seems clear that the federal money the prosecutor is receiving has influenced
[48:38.260 --> 48:44.900]  his willingness to prosecute a state citizen.
[48:44.900 --> 48:50.220]  That might, you know, when I go after these guys, I want to look at what question can
[48:50.220 --> 48:56.220]  I bring that they're not going to want to get answered by the court because they might
[48:56.220 --> 49:04.360]  get an answer that'll screw up everything for them, like the Jasinowski case on foreclosures.
[49:04.360 --> 49:09.940]  What was that lawyer thinking when he allowed this to get to the Supreme Court, a really
[49:09.940 --> 49:14.740]  nitpicking little suit, and they wiped the floor with the banks?
[49:14.740 --> 49:19.180]  They should have looked at this issue and said, the last thing we want is the court's
[49:19.180 --> 49:21.120]  ruling on this issue.
[49:21.120 --> 49:27.800]  So what issues can you find that the last thing that prosecutor is going to want is
[49:27.800 --> 49:30.820]  having the judges rule on the propriety of it?
[49:30.820 --> 49:33.940]  Well, I tell you, they're right up front.
[49:33.940 --> 49:37.980]  They were doing a drug interdiction program.
[49:37.980 --> 49:42.900]  They're paying DPS to be there, fully funding the DPS officers.
[49:42.900 --> 49:49.540]  They were coming out in uniform using DPS cruisers and everything else and making bogus
[49:49.540 --> 49:57.340]  stops, you know, telling people they were doing 65 in the 60s, an example, a bogus stop.
[49:57.340 --> 50:06.380]  And about that time, DPS border patrol drive up and they do a drug search of the automobile.
[50:06.380 --> 50:13.840]  How many automobile, and I requested this under PIR and under discovery for criminals,
[50:13.840 --> 50:18.620]  and I'd never, ever got anything.
[50:18.620 --> 50:28.980]  One thing you can certainly file against the prosecutor is official misconduct or 39.03
[50:28.980 --> 50:37.280]  racial oppression under 39.14 Texas Code of Criminal Procedure, because what the Michael
[50:37.280 --> 50:45.460]  Morton Act says is the prosecutor must provide discovery at least 30 days before trial.
[50:45.460 --> 50:51.620]  If he doesn't, he's violated the law relating to his office in the process, and I do, and
[50:51.620 --> 50:56.440]  the full and free access to enjoyment of right, and that's a crime the way I read the code.
[50:56.440 --> 51:01.860]  And I know you're saying you're not getting a prosecutor there where you're at, who cares?
[51:01.860 --> 51:05.080]  Bring them to Austin.
[51:05.080 --> 51:06.080]  File against them in Austin.
[51:06.080 --> 51:12.900]  No, that's not what I read in the code.
[51:12.900 --> 51:23.340]  Now, when I read the code, the district judge who impanels a grand jury has a venue restriction,
[51:23.340 --> 51:28.340]  but I can find no venue restriction for a state grand jury.
[51:28.340 --> 51:34.820]  Just because that grand jury is impaneled in a county, it is a state grand jury.
[51:34.820 --> 51:42.380]  It's not a county grand jury, and I can find nothing limiting the jurisdiction of a grand
[51:42.380 --> 51:43.380]  jury.
[51:43.380 --> 51:51.340]  Now, this goes to Attorney General opinion H-500, where the attorney general was asked
[51:51.340 --> 52:00.980]  if a magistrate could hold an examining trial based on a crime committed outside the magistrate's
[52:00.980 --> 52:02.980]  jurisdiction.
[52:02.980 --> 52:10.040]  And in H-500, the attorney general gave a resounding yes.
[52:10.040 --> 52:15.800]  Any magistrate in the state of Texas can hear any complaint, felony or misdemeanor, state
[52:15.800 --> 52:19.020]  or federal, from anywhere in the state.
[52:19.020 --> 52:24.360]  Now, what a grand jury does is essentially the same thing.
[52:24.360 --> 52:29.360]  They do an examining trial, a little more sophisticated, but the courts have held that
[52:29.360 --> 52:32.500]  it's essentially the same thing.
[52:32.500 --> 52:39.680]  There's nothing in law limiting the jurisdiction of a grand jury, nothing to prevent you from
[52:39.680 --> 52:49.220]  filing it in Austin or every one of the 256 or 54 counties in Texas.
[52:49.220 --> 52:51.980]  What's the odds you'll get one that'll pick it up?
[52:51.980 --> 52:56.620]  At the end of the day, this is all politics anyway.
[52:56.620 --> 53:03.400]  When you start spreading this behavior around the state of Texas, and you got prosecutors
[53:03.400 --> 53:08.420]  all over the state saying, what the heck is going on here, the last thing they want is
[53:08.420 --> 53:10.980]  sunlight on what they're doing.
[53:10.980 --> 53:11.980]  That makes sense, Pat.
[53:11.980 --> 53:12.980]  Oh, I know that.
[53:12.980 --> 53:13.980]  Oh yeah.
[53:13.980 --> 53:14.980]  Total.
[53:14.980 --> 53:20.100]  That's why we've been kicking this back and forth between my wife and I and listing things
[53:20.100 --> 53:21.100]  out.
[53:21.100 --> 53:28.020]  Unfortunately, she has been gone, she has a new grand baby, so she's going up taking
[53:28.020 --> 53:29.020]  care of that.
[53:29.020 --> 53:30.860]  That's why she's going to Dallas.
[53:30.860 --> 53:36.660]  So it takes me out of socket a little bit because then I'm left by myself, you know
[53:36.660 --> 53:39.940]  what I look like, to take care of all the animals and everything.
[53:39.940 --> 53:40.940]  Yeah, yeah.
[53:40.940 --> 53:47.180]  Pat, I just wanted to say you have a face made for radio.
[53:47.180 --> 53:48.180]  Thank you.
[53:48.180 --> 53:51.700]  Hey, it's the kind of guy I am.
[53:51.700 --> 53:59.660]  But one of the things you might consider is before you go for the civil side, you're not
[53:59.660 --> 54:02.180]  done with the criminal side yet.
[54:02.180 --> 54:03.620]  They're done with their part.
[54:03.620 --> 54:06.420]  You're not done with your part.
[54:06.420 --> 54:10.920]  Now you go after them criminally and use the routine on them.
[54:10.920 --> 54:18.260]  So when you do get to the feds, you can show that there is no remedy in Texas.
[54:18.260 --> 54:23.500]  I went to this guy and he committed this crime, this guy committed this crime.
[54:23.500 --> 54:29.740]  You start taking public officials that have nothing to do with this and tying them to
[54:29.740 --> 54:32.080]  it with the tar baby.
[54:32.080 --> 54:35.820]  And now they're stuck to something ugly that they had nothing to do with.
[54:35.820 --> 54:38.700]  You generate yourself a lot of politics.
[54:38.700 --> 54:42.300]  Sounds like a deal.
[54:42.300 --> 54:43.780]  I like that.
[54:43.780 --> 54:47.620]  And you'll find the criminal part is so much fun.
[54:47.620 --> 54:55.420]  Once you file a criminal complaint, you step into the shoes of the judge essentially so
[54:55.420 --> 54:59.100]  far as immunity is concerned.
[54:59.100 --> 55:02.700]  You are absolutely immune.
[55:02.700 --> 55:10.140]  So once you work your way up from the bottom and get up to one of these higher level judges,
[55:10.140 --> 55:15.100]  a district judge say, I'd like to get to the chief justice of the Supreme with criminal
[55:15.100 --> 55:16.220]  complaints.
[55:16.220 --> 55:18.380]  He always ignores them.
[55:18.380 --> 55:21.600]  And then I filed criminal complaints against him.
[55:21.600 --> 55:30.240]  And once you get up there and these guys are really politically sensitive, then they have
[55:30.240 --> 55:33.220]  nothing to do with this.
[55:33.220 --> 55:38.920]  If you file a stack of criminal complaints with the chief justice of the Supreme and
[55:38.920 --> 55:45.140]  he fails to perform his duty as a magistrate, you go back to Article 2.09 Texas Code of
[55:45.140 --> 55:51.660]  Criminal Procedure, who are magistrates.
[55:51.660 --> 56:01.540]  Chief one justices of the Supreme Court of all people who should know the law and follow
[56:01.540 --> 56:02.820]  the law.
[56:02.820 --> 56:05.860]  It is the chief justice of the Supreme.
[56:05.860 --> 56:12.620]  And he has more political enemies in the judicial system than just about anybody else because
[56:12.620 --> 56:15.540]  he's at the top of the heap.
[56:15.540 --> 56:22.840]  So you start creating political cannon fodder for his potential rivals and he is not going
[56:22.840 --> 56:26.460]  to be a hap camper.
[56:26.460 --> 56:27.460]  You're in the military.
[56:27.460 --> 56:28.460]  You know how that works.
[56:28.460 --> 56:29.460]  Oh yeah.
[56:29.460 --> 56:30.460]  Believe me.
[56:30.460 --> 56:31.460]  I know.
[56:31.460 --> 56:37.520]  I just sent that email out to you.
[56:37.520 --> 56:42.220]  If you can get that stuff over to Scott and Scott and give me a holler, we'll get together
[56:42.220 --> 56:44.940]  and then we're going to have a little tap dance.
[56:44.940 --> 56:46.660]  We'll put on a little show out.
[56:46.660 --> 56:47.660]  Okay.
[56:47.660 --> 56:52.420]  And Scott will be really good because he is really using these criminal complaints and
[56:52.420 --> 56:54.780]  winding their clocks with them.
[56:54.780 --> 56:59.340]  And also you need to professional conduct complaint every one of these officers who
[56:59.340 --> 57:01.340]  had anything to do with this.
[57:01.340 --> 57:02.340]  Yeah.
[57:02.340 --> 57:09.100]  That's what I wanted to bring up with him is I wanted to get him to bend my ear on some
[57:09.100 --> 57:10.100]  things.
[57:10.100 --> 57:11.100]  Okay.
[57:11.100 --> 57:12.500]  Cause that'll really sting him.
[57:12.500 --> 57:14.060]  And then we'll get back with you.
[57:14.060 --> 57:15.060]  Okay.
[57:15.060 --> 57:16.060]  Thank you.
[57:16.060 --> 57:17.060]  Pat.
[57:17.060 --> 57:18.060]  Okay.
[57:18.060 --> 57:20.140]  Now we're going to go to Ken in New York.
[57:20.140 --> 57:21.140]  Hello Ken.
[57:21.140 --> 57:22.140]  Hi Randy.
[57:22.140 --> 57:29.620]  This is a continuation of what I was talking about at the end of the call last week on
[57:29.620 --> 57:30.620]  Friday.
[57:30.620 --> 57:31.620]  Okay.
[57:31.620 --> 57:32.620]  Wait a minute.
[57:32.620 --> 57:33.620]  Wait a minute.
[57:33.620 --> 57:34.620]  Wait a minute.
[57:34.620 --> 57:35.620]  Bring everybody back up to speed.
[57:35.620 --> 57:36.620]  There's probably one caller out there.
[57:36.620 --> 57:40.820]  One listener that didn't listen last week.
[57:40.820 --> 57:41.820]  Maybe two.
[57:41.820 --> 57:42.820]  Okay.
[57:42.820 --> 57:48.940]  I was sitting in my hospital debt suit and then at the last minute I remembered something
[57:48.940 --> 57:52.740]  I heard from years ago, document prep fees.
[57:52.740 --> 57:59.420]  And I said, I started thinking about my HUD-1 settlement, I hate music.
[57:59.420 --> 58:00.420]  Okay.
[58:00.420 --> 58:01.660]  Bring me back up to speed.
[58:01.660 --> 58:02.660]  I'm not sure.
[58:02.660 --> 58:07.260]  I'm thinking, I believe I'm thinking about Shane's case.
[58:07.260 --> 58:09.980]  Bring me back up to speed foreclosure case.
[58:09.980 --> 58:13.140]  That's the current disposition of the mortgage.
[58:13.140 --> 58:16.620]  No, no, no, no foreclosure, but I'll talk about it.
[58:16.620 --> 58:17.620]  Okay.
[58:17.620 --> 58:20.740]  This is the one where she's up to date on her payments and all?
[58:20.740 --> 58:21.740]  Yes.
[58:21.740 --> 58:22.740]  Oh, wonderful.
[58:22.740 --> 58:23.740]  Okay.
[58:23.740 --> 58:24.740]  This is, did you, okay.
[58:24.740 --> 58:29.900]  I needed a HUD-1, a Truth in Lending Statement and a note.
[58:29.900 --> 58:36.180]  I just shot you an email that says Ken of New York, it starts with, hopefully I did
[58:36.180 --> 58:39.180]  it about an hour ago.
[58:39.180 --> 58:40.300]  Okay.
[58:40.300 --> 58:42.940]  This is what I'll do with them.
[58:42.940 --> 58:50.260]  I'll run the numbers on the note and the first thing I do.
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[59:47.900 --> 59:49.900]  That's freestudybible.com.
[59:49.900 --> 01:00:02.660]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.660 --> 01:00:07.860]  The following newsflash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:07.860 --> 01:00:15.460]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:15.460 --> 01:00:23.260]  into the tides of the alternative.
[01:00:23.260 --> 01:00:29.580]  Markets for Wednesday, the 13th of September, 2017, closed with gold at $1,323.24 an ounce,
[01:00:29.580 --> 01:00:38.020]  silver $17.78 an ounce, Texas crude $48.23 a barrel, bitcoin is about $3,876, and Dash
[01:00:38.020 --> 01:00:46.380]  coin sits about 300 US currency.
[01:00:46.380 --> 01:00:51.940]  Today in history, the year 1541, after three years in exile, John Calvin returns to Geneva
[01:00:51.940 --> 01:01:01.020]  to reform the church under a body of doctrine known as Calvinism, today in history.
[01:01:01.020 --> 01:01:04.540]  In recent news, Hillary Clinton's new already on discount book, What Happened, officially
[01:01:04.540 --> 01:01:05.960]  hit store shelves Tuesday.
[01:01:05.960 --> 01:01:09.860]  Of the many things she blamed for her loss in the 2016 presidential race, she mentioned
[01:01:09.860 --> 01:01:12.220]  Russia and the election within the first few pages.
[01:01:12.220 --> 01:01:16.020]  Quote, the press treated our warnings about Russia like it was spin we'd cooked up in
[01:01:16.020 --> 01:01:18.420]  order to distract from embarrassing revelations.
[01:01:18.420 --> 01:01:21.900]  She blames President Trump, saying that listening to Trump, it almost felt like there was no
[01:01:21.900 --> 01:01:26.500]  such thing as truth anymore, that his strategy consisted of an appeal to the ugliest impulses
[01:01:26.500 --> 01:01:28.000]  of our national character.
[01:01:28.000 --> 01:01:29.000]  She blamed Wall Street.
[01:01:29.000 --> 01:01:32.380]  I didn't think many Americans would believe that I'd sell a lifetime of principle and
[01:01:32.380 --> 01:01:33.660]  advocacy for any price.
[01:01:33.660 --> 01:01:36.780]  I should have stayed away from anything having to do with Wall Street.
[01:01:36.780 --> 01:01:37.780]  I didn't.
[01:01:37.780 --> 01:01:38.780]  That's on me.
[01:01:38.780 --> 01:01:39.980]  Yeah, right, Hillary.
[01:01:39.980 --> 01:01:44.260]  Closed door meetings with Wall Street corporate donors could have had no foreseeable problems.
[01:01:44.260 --> 01:01:47.920]  She blamed the scandal over State Department emails on her private server.
[01:01:47.920 --> 01:01:50.980]  It was a dumb mistake, she said, but even a dumber scandal.
[01:01:50.980 --> 01:01:51.980]  It was like quicksand.
[01:01:51.980 --> 01:01:54.140]  The more you struggle, the deeper you sink.
[01:01:54.140 --> 01:01:57.900]  She blamed former FBI Director James Comey, saying that, quote, Comey made the choice
[01:01:57.900 --> 01:02:02.480]  to extricate me in public in July and then dramatically reopened the investigation on
[01:02:02.480 --> 01:02:06.140]  October 28th, all while refusing to say a word about Trump and Russia.
[01:02:06.140 --> 01:02:09.460]  If not for those decisions, everything would have been different.
[01:02:09.460 --> 01:02:14.180]  And she even blamed patriarchy, stating that sexism and misogyny played a role in the 2016
[01:02:14.180 --> 01:02:15.740]  presidential election.
[01:02:15.740 --> 01:02:23.940]  Exhibit A is the flagrantly sexist candidate won.
[01:02:23.940 --> 01:02:27.620]  Days after Hurricane Harvey's onslaught across the Lone Star State, the coast was still very
[01:02:27.620 --> 01:02:30.300]  much littered with dead fish and other sea creatures.
[01:02:30.300 --> 01:02:34.660]  Pretired to say of the National Auburn Society discovered a strange-looking sea animal posting
[01:02:34.660 --> 01:02:37.980]  a photo of it on Twitter to see if anyone knew what it was.
[01:02:37.980 --> 01:02:42.340]  Experts responded with guesses that it was some sort of eel, possibly a fang-toothed
[01:02:42.340 --> 01:02:43.460]  snake eel.
[01:02:43.460 --> 01:02:48.000]  Harvey was the longest hurricane that remained a name stormed after landfall in Texas.
[01:02:48.000 --> 01:02:53.940]  It killed at least 70 people and dumped at least 51 inches of rain.
[01:02:53.940 --> 01:03:20.660]  This was Brooke Rohde with your Lowdown for September 13th, 2017.
[01:03:23.940 --> 01:03:37.540]  Okay, we are back.
[01:03:37.540 --> 01:03:42.860]  Randy Kelton, Debra Stevens, Rule of Law Radio, and we're talking to Ken in New York.
[01:03:42.860 --> 01:03:44.860]  Okay.
[01:03:44.860 --> 01:03:56.700]  We have someone, what does this person want as an outcome at the end of the day?
[01:03:56.700 --> 01:04:06.380]  I have no idea at this point, I don't know whether there's anything, whether there's
[01:04:06.380 --> 01:04:11.420]  a problem or not, I'm just remembering when I heard you talking about these things years
[01:04:11.420 --> 01:04:12.420]  ago.
[01:04:12.420 --> 01:04:17.300]  I have a few questions about the title charge area and I think that's where the problems
[01:04:17.300 --> 01:04:18.300]  may be.
[01:04:18.300 --> 01:04:23.540]  It says document preparation.
[01:04:23.540 --> 01:04:29.660]  That's one of the ones that they're not, they always charge it, but they're not authorized
[01:04:29.660 --> 01:04:30.660]  to.
[01:04:30.660 --> 01:04:41.000]  They're not authorized to add to the mortgage any costs that are the normal part of doing
[01:04:41.000 --> 01:04:44.460]  business.
[01:04:44.460 --> 01:04:50.780]  Those amounts are intended to be taken out of the interest that they charge you, but
[01:04:50.780 --> 01:04:55.900]  instead of taking it out of the interest that they charge you, they add it to the note and
[01:04:55.900 --> 01:05:03.300]  then charge you interest on it for 30 years because everything extra that they add is
[01:05:03.300 --> 01:05:05.940]  the last thing you pay off.
[01:05:05.940 --> 01:05:16.820]  Are they allowed to hand write any additional charges into the form because I have three
[01:05:16.820 --> 01:05:17.820]  actually.
[01:05:17.820 --> 01:05:22.220]  One is called escrow service charge, that's 50.
[01:05:22.220 --> 01:05:31.540]  The document prep fee is 200 and there's something called departmental, $180.
[01:05:31.540 --> 01:05:32.700]  All that stuff.
[01:05:32.700 --> 01:05:42.740]  What I do is I look at all of those fees on there and the first question I would ask somebody
[01:05:42.740 --> 01:05:51.980]  is when you sat down at the closing table and the lender slid that HUD-1 settlement
[01:05:51.980 --> 01:05:59.460]  statement over with all these figures on it, did the lender provide documentation to show
[01:05:59.460 --> 01:06:06.900]  that the amounts charged were not otherwise forbidden to be charged by law, that the amounts
[01:06:06.900 --> 01:06:13.660]  charged were reasonable, that the services paid for were necessary, and that the lender
[01:06:13.660 --> 01:06:17.860]  did not take an undisclosed markup on the amounts charged.
[01:06:17.860 --> 01:06:22.460]  That's all right out of the real estate settlement procedures act.
[01:06:22.460 --> 01:06:29.040]  And I always get the same answer, no, zero documentation.
[01:06:29.040 --> 01:06:33.820]  So what's to keep them from just pulling numbers out of the air?
[01:06:33.820 --> 01:06:36.020]  I think that's probably what happened.
[01:06:36.020 --> 01:06:41.980]  Okay, so my presumption is since they didn't provide documentation for any of them, they're
[01:06:41.980 --> 01:06:44.460]  all bogus, every one of them.
[01:06:44.460 --> 01:06:49.960]  So I go down to line 1400 of the HUD-1 settlement statement.
[01:06:49.960 --> 01:07:00.460]  Line 1400 calculates the totals of all the charges and then I take a spreadsheet that
[01:07:00.460 --> 01:07:02.820]  does an amortization of the note.
[01:07:02.820 --> 01:07:07.960]  I amortize the note, principal interest term.
[01:07:07.960 --> 01:07:18.680]  It tells me what the monthly payment should be and it runs out, I have a 360 column sheet
[01:07:18.680 --> 01:07:24.020]  with each payment amount, how much of the payment is principal, how much is the interest,
[01:07:24.020 --> 01:07:27.020]  and the running principal on the note.
[01:07:27.020 --> 01:07:28.580]  That's my first calculation.
[01:07:28.580 --> 01:07:36.820]  Then in the second one, I put the amounts from the truth and lending statement.
[01:07:36.820 --> 01:07:43.180]  When you look at the note, it will have an amount for the amount mortgaged.
[01:07:43.180 --> 01:07:48.820]  But when you look at the truth and lending statement, it will have a different amount,
[01:07:48.820 --> 01:07:53.540]  generally two or three thousand dollars difference, sometimes a lot more than that.
[01:07:53.540 --> 01:07:58.300]  And the interest will be generally the principal is lower, the interest is higher.
[01:07:58.300 --> 01:08:07.660]  And I've never had anyone to be able to definitively explain to me how they produce those calculations.
[01:08:07.660 --> 01:08:17.780]  But in the second set of calculations, I run an amortization of the truth and lending statement.
[01:08:17.780 --> 01:08:26.200]  And then in the third one, I compare, actually in the second one, I add an extra column.
[01:08:26.200 --> 01:08:33.740]  And that extra column compares the amount you agreed to pay when you signed the note
[01:08:33.740 --> 01:08:38.940]  and the amount that the HUD-1 settlement statement calculates to.
[01:08:38.940 --> 01:08:45.140]  Now sometimes the amount is greater than you intended to pay when you agreed to pay.
[01:08:45.140 --> 01:08:48.060]  Sometimes it's less.
[01:08:48.060 --> 01:08:50.840]  Both are problematic.
[01:08:50.840 --> 01:08:55.460]  Charging you more is obvious why it's problematic because it's simply fraud.
[01:08:55.460 --> 01:08:57.940]  They're stealing money from you.
[01:08:57.940 --> 01:09:03.240]  Charging you less is problematic because what they're going to do if they're charging
[01:09:03.240 --> 01:09:10.740]  you less than you agreed to pay and less than the principal and interest indicates.
[01:09:10.740 --> 01:09:13.900]  They're going to watch your payment history.
[01:09:13.900 --> 01:09:20.020]  And the first time you're slow to pay two or three times in a row, they're going to
[01:09:20.020 --> 01:09:25.980]  come to you and say, oh my goodness, we made a banking error.
[01:09:25.980 --> 01:09:27.220]  We undercharged you.
[01:09:27.220 --> 01:09:33.260]  You got to pay us $20,000 next month or we're going to foreclose on your mortgage.
[01:09:33.260 --> 01:09:37.660]  I've had a number of people with exactly that issue.
[01:09:37.660 --> 01:09:38.660]  That's a setup.
[01:09:38.660 --> 01:09:48.340]  So you want to make sure that what they're actually charging is what you agreed to pay.
[01:09:48.340 --> 01:09:56.380]  Just did one for a woman in California, excuse me, found an interesting passage in the note.
[01:09:56.380 --> 01:09:59.620]  And I've only seen it in two notes.
[01:09:59.620 --> 01:10:07.520]  It said in the first paragraph that the mortgage on the principal on the mortgage will never
[01:10:07.520 --> 01:10:14.220]  exceed 110% of the original mortgage.
[01:10:14.220 --> 01:10:24.900]  And in this one, it calculated out $528,000 and they were charging her $800,000.
[01:10:24.900 --> 01:10:27.740]  Can you guys read this part?
[01:10:27.740 --> 01:10:34.940]  Her interest rate was based on the treasury notes, 4% over treasury.
[01:10:34.940 --> 01:10:43.380]  Well, when I did got the accounting from the servicer, they were charging her a flat 6.5%
[01:10:43.380 --> 01:10:44.380]  interest.
[01:10:44.380 --> 01:10:50.740]  And it was consistently over 2% over what she agreed to pay.
[01:10:50.740 --> 01:10:53.440]  These are the kinds of things I look for.
[01:10:53.440 --> 01:11:01.280]  And when I find those anomalies, I run the whole sheet out to calculate how much at the
[01:11:01.280 --> 01:11:06.260]  end of the mortgage they will overpay or underpay.
[01:11:06.260 --> 01:11:09.580]  And then I make up a fraud charge based on that.
[01:11:09.580 --> 01:11:18.260]  And then the next column, I take all of the amounts charged on the HUD-1 settlement statement
[01:11:18.260 --> 01:11:25.900]  and I subtract it from the principal on the first payment as an overpayment.
[01:11:25.900 --> 01:11:31.380]  Because I maintain all of these fees are bogus, they're charged illegally.
[01:11:31.380 --> 01:11:35.340]  And then I run the note out based on that.
[01:11:35.340 --> 01:11:42.920]  And I generally get a sizable difference in what the numbers say was owed and what you're
[01:11:42.920 --> 01:11:44.780]  actually charged.
[01:11:44.780 --> 01:11:51.740]  So I take that full amount in each of the calculations.
[01:11:51.740 --> 01:11:57.400]  You don't calculate to the current date because we're making a fraud claim.
[01:11:57.400 --> 01:12:04.160]  In a fraud claim, you don't claim the amount you were actually defrauded of.
[01:12:04.160 --> 01:12:13.340]  You claim the amount you would have been defrauded of had the perpetrator's plan ran to fruition.
[01:12:13.340 --> 01:12:17.120]  So you calculate out full 360 payments.
[01:12:17.120 --> 01:12:23.860]  But you don't sue for that amount, you sue for triple because you're alleging fraud.
[01:12:23.860 --> 01:12:32.120]  And I can generally get a claim against the lender in excess of the original principal.
[01:12:32.120 --> 01:12:40.620]  Then we sue and we give a notice of rescission and claim tender by set off.
[01:12:40.620 --> 01:12:47.700]  What the bank says is when you rescind, you give them the property back, you tender the
[01:12:47.700 --> 01:12:52.500]  property to them, they give you back all the money you've paid.
[01:12:52.500 --> 01:13:01.340]  Well, you claim tender by set off against the fraud claim and used to deduct the value
[01:13:01.340 --> 01:13:08.100]  of the property from the claim that you're making against them and then you continue
[01:13:08.100 --> 01:13:13.580]  to sue for the excess, generally two times the amount of the original principal.
[01:13:13.580 --> 01:13:15.580]  Is that making sense, Ken?
[01:13:15.580 --> 01:13:17.500]  Yes, it does.
[01:13:17.500 --> 01:13:21.140]  I got to admit that I don't understand it.
[01:13:21.140 --> 01:13:26.940]  And remember at this time in my life in 2002 when I was buying the house, all they did
[01:13:26.940 --> 01:13:28.380]  was sit me down.
[01:13:28.380 --> 01:13:31.820]  I was thrown out, my lease expired in my apartment.
[01:13:31.820 --> 01:13:34.380]  I was living at my mother's for about two months.
[01:13:34.380 --> 01:13:40.020]  They were getting angry to people over there and it's like a lawyer dragged it out as far
[01:13:40.020 --> 01:13:41.020]  as he could.
[01:13:41.020 --> 01:13:44.420]  They sit me down and I said, here, sign this, sign this, we're going through a page, initial
[01:13:44.420 --> 01:13:45.420]  this, initial this.
[01:13:45.420 --> 01:13:46.420]  And that's how the whole thing went.
[01:13:46.420 --> 01:13:53.020]  And then in the end, the owner hands me a set of keys with a beer can opener on it and
[01:13:53.020 --> 01:13:57.620]  I held it up in front of everybody and I said, I'll treasure this all with you.
[01:13:57.620 --> 01:14:00.020]  That's a closing one.
[01:14:00.020 --> 01:14:04.500]  Oh, and that woman over there with the nice big ring on her finger with the rock on it,
[01:14:04.500 --> 01:14:06.500]  you have to give her a $75 tip.
[01:14:06.500 --> 01:14:07.500]  I said, why?
[01:14:07.500 --> 01:14:10.500]  Well, we need her to sign something, she's a real estate agent.
[01:14:10.500 --> 01:14:16.780]  Then somebody else tells me, no, you should have gave her 20 bucks.
[01:14:16.780 --> 01:14:19.940]  I knew nothing about what I know now.
[01:14:19.940 --> 01:14:20.940]  Okay.
[01:14:20.940 --> 01:14:23.500]  And that's what they count on.
[01:14:23.500 --> 01:14:28.540]  They didn't press you right up to the last minute by accident.
[01:14:28.540 --> 01:14:31.100]  That's a calculation.
[01:14:31.100 --> 01:14:36.140]  They want you in a position to where you have to get this thing closed.
[01:14:36.140 --> 01:14:41.180]  So when you get to that closing table and you look at all those fees, you don't raise
[01:14:41.180 --> 01:14:42.180]  any issues.
[01:14:42.180 --> 01:14:47.860]  This is a 30 year fixed loan, 4.75%.
[01:14:47.860 --> 01:14:52.340]  I never wanted to, I wasn't sure what I was doing, so I never wanted to refinance.
[01:14:52.340 --> 01:14:57.580]  I haven't missed one payment, although I was late on one payment, it was an oversight and
[01:14:57.580 --> 01:15:02.660]  I paid that oversight, it went into the middle of the month where you get an extra couple
[01:15:02.660 --> 01:15:06.980]  dollar charge on it, I paid that at the end of the month and then I immediately paid the
[01:15:06.980 --> 01:15:07.980]  next month.
[01:15:07.980 --> 01:15:12.340]  I had the money, it was just an oversight, but it never showed up on my credit report.
[01:15:12.340 --> 01:15:19.460]  Well, what you can do here is you run these calculations and then you send a tort letter
[01:15:19.460 --> 01:15:31.620]  to the lender because if you do a qualified written request, they never are able to validate
[01:15:31.620 --> 01:15:40.280]  the note because the current servicer doesn't have any records from the previous servicer.
[01:15:40.280 --> 01:15:45.060]  So they don't have any idea of what was paid on the note until they picked it up.
[01:15:45.060 --> 01:15:47.540]  So they can't validate the note at all, ever.
[01:15:47.540 --> 01:15:50.420]  I've never had one that could.
[01:15:50.420 --> 01:15:56.680]  So you sue them or you send them a tort letter and say, you're going to sue them, you dirty
[01:15:56.680 --> 01:16:00.940]  rotten scoundrels, you're stealing all this money from me and you charged all this money
[01:16:00.940 --> 01:16:04.500]  on the HUD-1 settlement statement and it was all bogus.
[01:16:04.500 --> 01:16:08.580]  And they're going to say, the lawyer's going to say, if he sues you, you're going to win
[01:16:08.580 --> 01:16:15.540]  in the end, but he'll cost you more than the value of the mortgage to fight him.
[01:16:15.540 --> 01:16:24.420]  No lawyer is allowed to make this calculation, but we're not lawyers.
[01:16:24.420 --> 01:16:25.420]  Hang on.
[01:16:25.420 --> 01:16:26.980]  We're about to go to break.
[01:16:26.980 --> 01:16:33.420]  Randy Kelton, Rule of Law Radio, we're digging into the politics of the real world you and
[01:16:33.420 --> 01:16:35.060]  I live in.
[01:16:35.060 --> 01:16:39.940]  The banks use it against you, we can use it against them.
[01:16:39.940 --> 01:16:46.340]  Our call-in number, 512-646-1984, we'll be taking your calls all night.
[01:16:46.340 --> 01:16:51.660]  So if you have a question or comment, give us a call, but quickly, because generally
[01:16:51.660 --> 01:16:56.220]  things build up at the end of the, getting toward the end of the show, we get more callers.
[01:16:56.220 --> 01:17:00.100]  So hang on, we'll be right back.
[01:17:00.100 --> 01:17:01.220]  I love logos.
[01:17:01.220 --> 01:17:04.420]  Without the shows on this network, I'd be almost as ignorant as my friends.
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[01:17:58.420 --> 01:18:02.740]  Happy holidays, logos.
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[01:19:21.820 --> 01:19:35.300]  Okay.
[01:19:35.300 --> 01:19:36.300]  We are back.
[01:19:36.300 --> 01:19:42.460]  Randy Kelton, Debra Stevens, Real World Radio, and we're talking about how things work in
[01:19:42.460 --> 01:19:45.220]  the real world we live in.
[01:19:45.220 --> 01:19:53.220]  And what we try to do here is teach people how to adjust the balance.
[01:19:53.220 --> 01:19:58.300]  These mortgage companies know that they're stealing from everybody.
[01:19:58.300 --> 01:20:04.840]  And they know that every once in a while, they'll get stung for it, but they don't care.
[01:20:04.840 --> 01:20:10.340]  They steal so much from so many that the few times they get stung is just the cost of doing
[01:20:10.340 --> 01:20:11.940]  business.
[01:20:11.940 --> 01:20:20.140]  So the best way we can affect change is increase the cost of doing business.
[01:20:20.140 --> 01:20:28.420]  Now a lawyer can't file a suit for the purpose of costing the other side more money.
[01:20:28.420 --> 01:20:30.360]  But you're not a lawyer.
[01:20:30.360 --> 01:20:35.560]  You're just an old ignorant pro se and you don't know any better.
[01:20:35.560 --> 01:20:39.200]  And besides, you're not dangling by your bar card.
[01:20:39.200 --> 01:20:42.620]  So you have a whole different set of parameters to work from.
[01:20:42.620 --> 01:20:46.780]  I have nothing to say about that.
[01:20:46.780 --> 01:20:47.780]  Go ahead.
[01:20:47.780 --> 01:20:52.900]  When I had my hospital debt suit, that conversation actually came up.
[01:20:52.900 --> 01:20:55.700]  I wasn't called ignorant, but it was definitely implied.
[01:20:55.700 --> 01:21:00.700]  And then I ended up, they wanted to run away from me in the end, but they offered to stipulate
[01:21:00.700 --> 01:21:02.700]  that they continue with prejudice.
[01:21:02.700 --> 01:21:11.820]  On my answer, there's something left out of the form of the county that says, whereas
[01:21:11.820 --> 01:21:20.180]  we asked for dismissal, they put with prejudice after it.
[01:21:20.180 --> 01:21:26.780]  I was in court recently and the judge made the comment that a little knowledge can be
[01:21:26.780 --> 01:21:28.740]  dangerous.
[01:21:28.740 --> 01:21:35.660]  But at the end of the hearing, he listened to my argument.
[01:21:35.660 --> 01:21:42.340]  And when our part was over, he said that this was a municipal court.
[01:21:42.340 --> 01:21:49.900]  So he said that in his practice, he has a criminal practice and he deals with criminal
[01:21:49.900 --> 01:21:55.180]  issues and they've been trying to get the judges to hold examining trials, but the judges
[01:21:55.180 --> 01:22:00.280]  claimed that examining trials is you didn't have a right to one in a misdemeanor.
[01:22:00.280 --> 01:22:04.220]  And I made the argument that that's true.
[01:22:04.220 --> 01:22:08.060]  You don't have a right to one in a misdemeanor.
[01:22:08.060 --> 01:22:15.000]  However, you as the court have a statutory duty to hold one.
[01:22:15.000 --> 01:22:21.960]  And because you have a statutory duty to hold one, that becomes a part of due process to
[01:22:21.960 --> 01:22:24.580]  which I do have a right.
[01:22:24.580 --> 01:22:31.300]  And after the hearing was over, he said, you know, I could use that in my practice.
[01:22:31.300 --> 01:22:32.300]  So he's excited.
[01:22:32.300 --> 01:22:39.220]  I had a little more knowledge than he expected, but you can take the bank on, you know, it
[01:22:39.220 --> 01:22:45.480]  only costs you a couple of hundred bucks to sue them and if you write, if you put together
[01:22:45.480 --> 01:22:53.900]  a really good claim, you know, the cool thing about this calculation I do with this spreadsheet
[01:22:53.900 --> 01:22:58.940]  don't make any difference if it's accurate or not.
[01:22:58.940 --> 01:22:59.940]  Who cares?
[01:22:59.940 --> 01:23:04.860]  We got this great number and they're going to come back and say, well, where did you
[01:23:04.860 --> 01:23:05.860]  come up with that number?
[01:23:05.860 --> 01:23:08.220]  Did you just pull it out of there?
[01:23:08.220 --> 01:23:10.100]  And then I'll give him a copy of the spreadsheet.
[01:23:10.100 --> 01:23:12.740]  He said, no, this is where I got it.
[01:23:12.740 --> 01:23:17.620]  I can show you how I got that number to the penny.
[01:23:17.620 --> 01:23:25.920]  And when you go into court, they're going to argue against whatever number you claim
[01:23:25.920 --> 01:23:29.060]  and you're going to argue for it and you're going to bicker back and forth.
[01:23:29.060 --> 01:23:36.700]  But at the end of the day, there's only one number that the jury's going to remember.
[01:23:36.700 --> 01:23:40.300]  And that's the one you walked in the door with.
[01:23:40.300 --> 01:23:46.860]  So lawyers always want the largest number they can get to walk in the door with.
[01:23:46.860 --> 01:23:51.460]  So you got a lot of room to deal down.
[01:23:51.460 --> 01:23:56.780]  So I run this calculation and the best calculation is the hard-won settlement statement.
[01:23:56.780 --> 01:24:00.940]  Because then I say to them, oh, you think this was valid?
[01:24:00.940 --> 01:24:02.840]  Okay, no problem.
[01:24:02.840 --> 01:24:08.500]  Just bring me in documentation to show that this is valid.
[01:24:08.500 --> 01:24:11.020]  They never have it.
[01:24:11.020 --> 01:24:17.820]  So even if it is valid and bona fide, they can't show that it's valid and bona fide.
[01:24:17.820 --> 01:24:25.740]  They can show that they charged you for it and now you've disputed it and they're unable
[01:24:25.740 --> 01:24:29.020]  to validate the debt.
[01:24:29.020 --> 01:24:31.020]  Gotcha guys.
[01:24:31.020 --> 01:24:39.700]  So let's request that the court order mediation, and if you're listening at the beginning of
[01:24:39.700 --> 01:24:45.880]  the show, we were talking to Scott and he's about to go to mediation over a suit he filed
[01:24:45.880 --> 01:24:54.420]  against a county judge who acted pretty ignorant and they're requiring mediation.
[01:24:54.420 --> 01:24:57.060]  It's mandatory mediation.
[01:24:57.060 --> 01:25:03.260]  So if we file a suit and ask the court to order mediation, this generally works good
[01:25:03.260 --> 01:25:09.660]  because the judge, all of these federal judges, I forget how many hundreds of federal judges
[01:25:09.660 --> 01:25:13.060]  and empty slots we have.
[01:25:13.060 --> 01:25:17.260]  So the judges have all got full calendars.
[01:25:17.260 --> 01:25:20.960]  They want this stuff off their calendar.
[01:25:20.960 --> 01:25:23.580]  They don't want to have to adjudicate our issues.
[01:25:23.580 --> 01:25:29.020]  They want us to find a solution to our issues ourselves.
[01:25:29.020 --> 01:25:35.140]  Now if you don't do it, you're a pro-said and there's nothing he can do to you.
[01:25:35.140 --> 01:25:41.260]  But if the lawyer doesn't, he's got a lot he can do to that lawyer.
[01:25:41.260 --> 01:25:44.340]  So you see where I'm going with the politics.
[01:25:44.340 --> 01:25:50.980]  You get the lawyer in a place where he has to deal with you and then if he comes to the
[01:25:50.980 --> 01:25:57.140]  table and he's arrogant and dismissive and all that, then you move the court for sanctions
[01:25:57.140 --> 01:26:02.500]  against the lawyer for failing to mediate in good faith.
[01:26:02.500 --> 01:26:06.260]  And you bar grieve the lawyer, just for yucks.
[01:26:06.260 --> 01:26:11.140]  You bar grieve him, he's going to get apoplexy.
[01:26:11.140 --> 01:26:15.180]  Could you see any way of writing a booklet with some of these scenarios in it?
[01:26:15.180 --> 01:26:18.860]  Because I think it'd be worth some money.
[01:26:18.860 --> 01:26:28.100]  It's just the time I've put together the Legal 101 and had to get it out before I was really
[01:26:28.100 --> 01:26:29.100]  finished with it.
[01:26:29.100 --> 01:26:31.860]  I've still got some editing to do to it.
[01:26:31.860 --> 01:26:36.420]  It's just I've got so many things going all at once.
[01:26:36.420 --> 01:26:45.340]  I'm in the process of implementing an electronic lawyer.
[01:26:45.340 --> 01:26:51.360]  This is the tool that will eliminate the profession of lawyer and get lawyers to pass to do it.
[01:26:51.360 --> 01:26:56.700]  That's the most important thing that I got and it's also the most complex.
[01:26:56.700 --> 01:27:05.940]  But right now, I have enough of it developed and I have it demonstrable on some websites
[01:27:05.940 --> 01:27:13.500]  that I can now go to some of these universities, these law schools, and talk to them about
[01:27:13.500 --> 01:27:16.300]  their graduating students.
[01:27:16.300 --> 01:27:20.760]  You get students come to your college and they pay you a whole lot of money to go through
[01:27:20.760 --> 01:27:22.820]  law school.
[01:27:22.820 --> 01:27:28.180]  And in law school, they learn all kinds of stuff about how to argue legal issues.
[01:27:28.180 --> 01:27:37.940]  They don't learn very much about how to actually perform the profession of lawyering, how to
[01:27:37.940 --> 01:27:46.860]  get an office open, how to hire paralegals and secretaries, how to initially get clients,
[01:27:46.860 --> 01:27:56.260]  how to litigate in a specific area of law.
[01:27:56.260 --> 01:28:01.340]  The biggest fear that a new lawyer has is missing something.
[01:28:01.340 --> 01:28:06.860]  Now, you as a just no-lignorant pro se, you can miss anything you want to and the judge
[01:28:06.860 --> 01:28:11.860]  will get annoyed and he'll gripe at you, but there's really nothing he can do.
[01:28:11.860 --> 01:28:13.740]  A lawyer?
[01:28:13.740 --> 01:28:14.980]  He's learning counsel.
[01:28:14.980 --> 01:28:18.620]  It doesn't matter that he just got out of law school.
[01:28:18.620 --> 01:28:19.660]  He's learning counsel.
[01:28:19.660 --> 01:28:21.340]  He cannot miss anything.
[01:28:21.340 --> 01:28:24.180]  That's why lawyers specialize.
[01:28:24.180 --> 01:28:29.940]  They specialize so they get to know one area and they don't wind up missing anything and
[01:28:29.940 --> 01:28:30.980]  getting sued.
[01:28:30.980 --> 01:28:39.680]  So we've built this questionnaire that captures the expertise of a lawyer in a given area.
[01:28:39.680 --> 01:28:44.500]  Then we can deliver the questionnaire back to a potential client in the form of an online
[01:28:44.500 --> 01:28:47.680]  interactive questionnaire.
[01:28:47.680 --> 01:28:53.680]  The questionnaire never forgets to ask the question and if you have a question missing
[01:28:53.680 --> 01:28:58.740]  from the questionnaire, we can go inside, break it apart, stick it in, and then it never
[01:28:58.740 --> 01:29:01.740]  forgets to ask that question again.
[01:29:01.740 --> 01:29:09.640]  So after a short time, it's got all of the issues that the lawyer needs to address so
[01:29:09.640 --> 01:29:15.160]  he can use this questionnaire with his clients and not worry about missing anything.
[01:29:15.160 --> 01:29:22.100]  And when it isolates an issue, it will create a motion or pleading to address the issue.
[01:29:22.100 --> 01:29:26.960]  The lawyer can just click download, sign, and send.
[01:29:26.960 --> 01:29:33.520]  That's why he'll have to use this because if he misses something because he didn't use
[01:29:33.520 --> 01:29:39.800]  us and the other guy is using us and he didn't miss it, the lawyer's going to get a problem.
[01:29:39.800 --> 01:29:46.080]  So they'll have to use it and in using it, they'll eliminate their own profession.
[01:29:46.080 --> 01:29:47.080]  Hang on, Ken.
[01:29:47.080 --> 01:29:48.080]  About to go to break.
[01:29:48.080 --> 01:29:49.080]  Randy Kelch.
[01:29:49.080 --> 01:29:50.080]  Randy Kelch.
[01:29:50.080 --> 01:29:51.080]  Hey, well, hang on.
[01:29:51.080 --> 01:29:52.080]  We're going to break.
[01:29:52.080 --> 01:29:55.160]  Randy Kelch and Rule of Law Radio.
[01:29:55.160 --> 01:29:57.160]  We'll be right back.
[01:29:57.160 --> 01:30:06.160]  I'm not a mind reader, but there's a good chance I can guess your password.
[01:30:06.160 --> 01:30:10.880]  Most people choose passwords from a limited repertoire, so hacking in is a piece of cake.
[01:30:10.880 --> 01:30:15.240]  I'm Dr. Catherine Albrecht, and I'll be right back with the solution.
[01:30:15.240 --> 01:30:16.840]  Privacy is under attack.
[01:30:16.840 --> 01:30:20.440]  When you give up data about yourself, you'll never get it back again.
[01:30:20.440 --> 01:30:25.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.200 --> 01:30:26.640]  So protect your rights.
[01:30:26.640 --> 01:30:30.280]  Say no to surveillance and keep your information to yourself.
[01:30:30.280 --> 01:30:32.960]  Privacy, it's worth hanging on to.
[01:30:32.960 --> 01:30:37.240]  This public service announcement is brought to you by StartPage.com, the private search
[01:30:37.240 --> 01:30:40.800]  engine alternative to Google, Yahoo, and Bing.
[01:30:40.800 --> 01:30:43.960]  Start over with StartPage.
[01:30:43.960 --> 01:30:49.120]  It's hard to remember a complicated password, but that's no excuse for a pathetic one.
[01:30:49.120 --> 01:30:53.840]  Recent security breaches have exposed millions of passwords, so we know what people are choosing.
[01:30:53.840 --> 01:30:59.560]  The most common password is 123456, followed by 12345.
[01:30:59.560 --> 01:31:02.080]  I love you is also in the top 10.
[01:31:02.080 --> 01:31:04.580]  If your password is too easy, beef it up.
[01:31:04.580 --> 01:31:09.480]  It takes just a few seconds to guess a password with seven lowercase letters, but add capital
[01:31:09.480 --> 01:31:12.340]  letters and numbers and things get much harder.
[01:31:12.340 --> 01:31:17.080]  Add some other character like a dollar sign and increase the length to 10 characters,
[01:31:17.080 --> 01:31:21.560]  and suddenly cracking your password is virtually impossible, and that's good security.
[01:31:21.560 --> 01:31:23.880]  I'm Dr. Catherine Albrecht.
[01:31:23.880 --> 01:31:30.860]  More news and information at CatherineAlbrecht.com.
[01:31:30.860 --> 01:31:36.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.240 --> 01:31:38.840]  The government says that fire brought it down.
[01:31:38.840 --> 01:31:43.280]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.280 --> 01:31:46.000]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.000 --> 01:31:48.720]  Thousands of my fellow first responders are dying.
[01:31:48.720 --> 01:31:50.120]  I'm not a conspiracy theorist.
[01:31:50.120 --> 01:31:51.120]  I'm a structural engineer.
[01:31:51.120 --> 01:31:52.600]  I'm a New York City correction officer.
[01:31:52.600 --> 01:31:53.600]  I'm an Air Force pilot.
[01:31:53.600 --> 01:31:55.240]  I'm a father who lost his son.
[01:31:55.240 --> 01:31:57.840]  We're Americans, and we deserve the truth.
[01:31:57.840 --> 01:32:00.040]  Go to RememberBuilding7.org today.
[01:32:00.040 --> 01:32:03.440]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.440 --> 01:32:06.440]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.440 --> 01:32:10.080]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:10.080 --> 01:32:11.080]  them to pay for it.
[01:32:11.080 --> 01:32:14.680]  Okay, I might be kidding about the chemtrails, but I'm serious about your roof.
[01:32:14.680 --> 01:32:18.500]  That's why you have insurance, and Hill Country Home Improvements can handle the claim for
[01:32:18.500 --> 01:32:21.240]  you with little to no out-of-pocket expense.
[01:32:21.240 --> 01:32:22.240]  And we accept bitcoin.
[01:32:22.240 --> 01:32:26.840]  As a multi-year A-plus member of the Better Business Bureau, with zero complaints, you
[01:32:26.840 --> 01:32:31.200]  can trust Hill Country Home Improvements to handle your claim and your roof right the
[01:32:31.200 --> 01:32:32.280]  first time.
[01:32:32.280 --> 01:32:40.940]  Just call 512-992-8745 or go to HillCountryHomeImprovements.com, mention the crypto show, and get $100 off.
[01:32:40.940 --> 01:32:45.560]  And we'll donate another $100 to the Logos Radio Network to help continue this programming.
[01:32:45.560 --> 01:32:50.640]  So if those out-of-town roofers come knockin', your door should be lockin'.
[01:32:50.640 --> 01:32:56.600]  That's 512-992-8745 or HillCountryHomeImprovements.com.
[01:32:56.600 --> 01:32:58.600]  Discounts are based on full roof replacement.
[01:32:58.600 --> 01:33:00.920]  You may not actually be kidding about chemtrails.
[01:33:00.920 --> 01:33:16.640]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:30.920 --> 01:33:49.440]  Okay.
[01:33:49.440 --> 01:33:50.440]  We are back.
[01:33:50.440 --> 01:33:55.040]  Randy Kelton, Deborah Stevens with Rule of All Radio, and we're talking to Ken in New
[01:33:55.040 --> 01:33:58.680]  York.
[01:33:58.680 --> 01:34:04.280]  You spoke to your mortgage as well as another person's mortgage.
[01:34:04.280 --> 01:34:08.480]  Are you looking to do something with yours?
[01:34:08.480 --> 01:34:12.760]  You still do the remedies and real estate thing?
[01:34:12.760 --> 01:34:14.640]  Yes.
[01:34:14.640 --> 01:34:22.040]  That site doesn't work anymore, but I still do the same types of things, yes.
[01:34:22.040 --> 01:34:23.040]  Okay.
[01:34:23.040 --> 01:34:27.360]  So, where would I, how would I talk to you, by email or?
[01:34:27.360 --> 01:34:30.480]  Yeah, just send me an email to Randy at RuleOfAllRadio.com.
[01:34:30.480 --> 01:34:31.480]  Okay.
[01:34:31.480 --> 01:34:34.600]  I've already done that with the HUD-1 settlement.
[01:34:34.600 --> 01:34:37.880]  You could just return it and tell me what's involved.
[01:34:37.880 --> 01:34:38.880]  Yes.
[01:34:38.880 --> 01:34:44.480]  Can, give me a, don't, I don't ever want to see original documents, but send me a, email
[01:34:44.480 --> 01:34:52.360]  me the HUD-1 note, truth in the name statement, and a payment stub or a statement from the
[01:34:52.360 --> 01:34:53.360]  bank.
[01:34:53.360 --> 01:34:55.800]  I have that in my payment book.
[01:34:55.800 --> 01:34:56.800]  It's got the amortization.
[01:34:56.800 --> 01:34:57.800]  Is that it?
[01:34:57.800 --> 01:34:58.800]  Oh, yes.
[01:34:58.800 --> 01:35:00.320]  That's exactly what I want to see.
[01:35:00.320 --> 01:35:06.520]  I want to see what they're actually charging you so that I can compare it to what they
[01:35:06.520 --> 01:35:07.600]  should be.
[01:35:07.600 --> 01:35:11.080]  Is your mortgage a fixed rate mortgage?
[01:35:11.080 --> 01:35:14.360]  Yes, 30 is.
[01:35:14.360 --> 01:35:15.360]  Okay.
[01:35:15.360 --> 01:35:24.480]  I find more fraud in the variable rate mortgages, but I also find it in the fixed.
[01:35:24.480 --> 01:35:31.320]  And I'll, I'll run, I'll stick the numbers in this spreadsheet and give you a number
[01:35:31.320 --> 01:35:38.480]  you could look at and you shake this in front of the lender and good chance they'll make
[01:35:38.480 --> 01:35:44.040]  you a deal to just to keep you from dragging them into court.
[01:35:44.040 --> 01:35:45.040]  Okay.
[01:35:45.040 --> 01:35:51.320]  Now, if I can handle it, you know anybody in New York that could handle it for me?
[01:35:51.320 --> 01:35:53.720]  Oh, I can do it from here.
[01:35:53.720 --> 01:36:03.000]  I have a cert before the US Supreme from Rensselaer, New York right now.
[01:36:03.000 --> 01:36:07.600]  I've had him in court for almost eight years now.
[01:36:07.600 --> 01:36:08.600]  Wow.
[01:36:08.600 --> 01:36:14.160]  He was, his was a foreclosure and we've held him off for eight years.
[01:36:14.160 --> 01:36:20.480]  We're at the US Supreme and I have more issues.
[01:36:20.480 --> 01:36:22.000]  This was just one issue.
[01:36:22.000 --> 01:36:29.760]  I have a four page cert with the US Supreme and they've had it for three or four months.
[01:36:29.760 --> 01:36:36.360]  You know, we expect that, you know, the Supreme, you send it, they get it, they docket it.
[01:36:36.360 --> 01:36:40.560]  And then in a short time, poof, they kick it out.
[01:36:40.560 --> 01:36:51.400]  97% they refuse to take, they only take 3%, but this has been there for several months
[01:36:51.400 --> 01:37:02.480]  and it was carefully crafted to be, to ask the kinds of questions that the Supreme likes
[01:37:02.480 --> 01:37:03.480]  to answer.
[01:37:03.480 --> 01:37:07.520]  What do you mean by that in nature?
[01:37:07.520 --> 01:37:18.040]  The Jasenowski decision, the Jasenowski decision, I don't know who the moron was that ever
[01:37:18.040 --> 01:37:26.480]  let that get to the Supreme, but these guys on the last day of the three year statute
[01:37:26.480 --> 01:37:31.720]  of limitations, you got three years to file a rescission if they don't give you notice
[01:37:31.720 --> 01:37:34.400]  of your right to resent.
[01:37:34.400 --> 01:37:40.440]  On the last day, they filed a notice of rescission because there were some man and wife and they
[01:37:40.440 --> 01:37:43.820]  only gave them one notice.
[01:37:43.820 --> 01:37:53.300]  That was about as nitpicking as I could imagine and it made it to the U.S. Supreme.
[01:37:53.300 --> 01:38:02.000]  And the argument was, first they claimed they were out of time, the court said there wasn't.
[01:38:02.000 --> 01:38:10.160]  And then the bank said, in a rescission, you give the property back to the bank and the
[01:38:10.160 --> 01:38:16.400]  bank gives you back everything you paid them, principal and interest all.
[01:38:16.400 --> 01:38:20.720]  And the bank was saying, you have to tender first and then we give you all your money
[01:38:20.720 --> 01:38:26.920]  back and the Supreme said, no, you have to give them all their money back first and then
[01:38:26.920 --> 01:38:29.840]  they tender.
[01:38:29.840 --> 01:38:35.760]  But the court says they got 20 days to take possession of the property.
[01:38:35.760 --> 01:38:41.020]  That means they got to get your money and then get that property within 20 days or the
[01:38:41.020 --> 01:38:46.160]  lender may retain the property with no further obligation.
[01:38:46.160 --> 01:38:50.320]  So they really stuck it to the banks.
[01:38:50.320 --> 01:38:55.780]  And now in this one, the three year period had expired but they had filed a notice of
[01:38:55.780 --> 01:39:10.060]  acceleration and the code says in 15 U.S. code 1635B says you got three years to rescind
[01:39:10.060 --> 01:39:13.160]  based on lack of notice.
[01:39:13.160 --> 01:39:24.880]  1535F says after foreclosure, if you can show $35 of unsupported fees, your right to rescind
[01:39:24.880 --> 01:39:27.360]  is reinvigorated.
[01:39:27.360 --> 01:39:40.600]  So I asked the court to distinguish Jasanowski and affirm your right to rescind under 1635F.
[01:39:40.600 --> 01:39:45.240]  And in our case, we filed a qualified written request.
[01:39:45.240 --> 01:39:49.880]  At the end of my qualified written request is a notice of rescission and it says if you
[01:39:49.880 --> 01:39:58.200]  fail to properly validate the note, you may construe this as a notice of rescission.
[01:39:58.200 --> 01:40:01.440]  Well they ignored it.
[01:40:01.440 --> 01:40:06.600]  So the question was when we brought it up in court, they objected and said it was out
[01:40:06.600 --> 01:40:11.480]  of time.
[01:40:11.480 --> 01:40:15.180]  They said it was out of time once we sued them.
[01:40:15.180 --> 01:40:23.120]  And our position was that statute of limitations is not a bar.
[01:40:23.120 --> 01:40:28.440]  It is an affirmative defense that must be pled under rule eight of federal rules of
[01:40:28.440 --> 01:40:31.160]  civil procedure.
[01:40:31.160 --> 01:40:36.520]  And that's the question I ask the U.S. Supreme.
[01:40:36.520 --> 01:40:45.200]  Is the statute of limitations on rescission a bar to the filing of rescission or is it
[01:40:45.200 --> 01:40:54.120]  an affirmative defense that must be pled as it is listed to be in rule eight?
[01:40:54.120 --> 01:41:03.480]  The last item under affirmative defense is in rule eight is statute of limitations.
[01:41:03.480 --> 01:41:11.400]  The bank said since they were out of time, they weren't subject to that 20-day time limit.
[01:41:11.400 --> 01:41:18.320]  And we're saying you may not have been had you filed an opposition to the rescission
[01:41:18.320 --> 01:41:22.120]  within the 20-day time period but you did not.
[01:41:22.120 --> 01:41:32.360]  Since you had a right and opportunity to file and you didn't, you're subject to laches.
[01:41:32.360 --> 01:41:38.760]  And laches says if you have a right and you sit on the right, you waive it.
[01:41:38.760 --> 01:41:43.340]  So that's the extent of the argument.
[01:41:43.340 --> 01:41:51.760]  We say they had a right to raise an opposition within the 20 days and claim statute of limitations
[01:41:51.760 --> 01:41:53.080]  as an affirmative defense.
[01:41:53.080 --> 01:41:57.540]  They did not do so, so they waived that right.
[01:41:57.540 --> 01:42:04.540]  The rescission is complete and now we may retain the property with no further obligation.
[01:42:04.540 --> 01:42:08.000]  It's been stuck in the court for months.
[01:42:08.000 --> 01:42:11.160]  They have not rejected it.
[01:42:11.160 --> 01:42:14.080]  But whatever applies upstate New York applies down here.
[01:42:14.080 --> 01:42:18.600]  We're supposed to have a unified court system for the whole state in Long Island.
[01:42:18.600 --> 01:42:24.820]  Oh yeah, this is in the federal second circuit.
[01:42:24.820 --> 01:42:31.660]  So it applies to the whole second circuit and it will almost certainly get picked up.
[01:42:31.660 --> 01:42:36.360]  This is before the Supreme, not the second circuit.
[01:42:36.360 --> 01:42:39.480]  So if the Supreme rules it, it applies to everybody.
[01:42:39.480 --> 01:42:43.080]  But if they don't, what happens?
[01:42:43.080 --> 01:42:45.760]  Oh, it doesn't make any difference.
[01:42:45.760 --> 01:42:48.360]  We just filed another suit.
[01:42:48.360 --> 01:42:49.360]  Different issue.
[01:42:49.360 --> 01:42:50.360]  I got more issues.
[01:42:50.360 --> 01:42:51.760]  So you're not at the end then?
[01:42:51.760 --> 01:42:52.760]  Okay.
[01:42:52.760 --> 01:42:54.760]  Oh no, we're just getting warmed up good.
[01:42:54.760 --> 01:42:57.700]  Oh, okay.
[01:42:57.700 --> 01:43:04.240]  So what I do now, the first thing I would want to do is I want to look at the contract.
[01:43:04.240 --> 01:43:10.000]  You've got all these guys saying, oh, show me the note and securitization and all this
[01:43:10.000 --> 01:43:11.000]  nonsense.
[01:43:11.000 --> 01:43:14.440]  I don't even want to talk about that.
[01:43:14.440 --> 01:43:18.000]  First thing I want to do is look at the contract.
[01:43:18.000 --> 01:43:22.380]  I want to see what's filed in the public record.
[01:43:22.380 --> 01:43:23.880]  We deal with that first.
[01:43:23.880 --> 01:43:27.880]  Generally, I start out with a quiet title action.
[01:43:27.880 --> 01:43:33.480]  I kept a friend of mine in California in the court on a simple, quiet title.
[01:43:33.480 --> 01:43:34.800]  Who the heck are you?
[01:43:34.800 --> 01:43:36.600]  You claim owe you this debt.
[01:43:36.600 --> 01:43:38.340]  Don't know who you are.
[01:43:38.340 --> 01:43:40.520]  Don't know who your principal is.
[01:43:40.520 --> 01:43:42.040]  Prove up your position.
[01:43:42.040 --> 01:43:46.840]  Six years in court on that, on a four-page suit.
[01:43:46.840 --> 01:43:47.840]  Hang on.
[01:43:47.840 --> 01:43:49.680]  Randy Kelton, Rule Law Radio.
[01:43:49.680 --> 01:43:53.000]  Call in number 512-646-1984.
[01:43:53.000 --> 01:44:00.720]  We'll be right back.
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[01:46:22.880 --> 01:46:28.680]  Okay.
[01:46:28.680 --> 01:46:29.680]  We are back.
[01:46:29.680 --> 01:46:35.760]  Randy Kelton, Rule of Law Radio, and we're talking to Ken in New York.
[01:46:35.760 --> 01:46:37.800]  You can't win.
[01:46:37.800 --> 01:46:45.780]  As a rule, I tell everybody, if you sue the banks or are sued for foreclosure, at the
[01:46:45.780 --> 01:46:50.880]  end of the day, the court's going to rule against you out of hand at every turn.
[01:46:50.880 --> 01:46:52.380]  Okay.
[01:46:52.380 --> 01:47:00.120]  And that said, the real win is not about an adjudication by the court.
[01:47:00.120 --> 01:47:04.480]  It's all about, let's make a deal.
[01:47:04.480 --> 01:47:10.280]  So you want to go in and cost them as much money as possible.
[01:47:10.280 --> 01:47:14.960]  So you start out with a really complex suit.
[01:47:14.960 --> 01:47:17.840]  I've got all of these cool arguments.
[01:47:17.840 --> 01:47:24.800]  If you look at your mortgage, they will almost all list MERS as the beneficiary.
[01:47:24.800 --> 01:47:26.400]  Okay.
[01:47:26.400 --> 01:47:29.400]  The mortgage document is a trust.
[01:47:29.400 --> 01:47:35.840]  You have the grantor, you have a trustee, and you have a beneficiary.
[01:47:35.840 --> 01:47:38.200]  And then they list the lender below that.
[01:47:38.200 --> 01:47:39.600]  Well, this is a trust.
[01:47:39.600 --> 01:47:41.280]  We don't care who the lender is.
[01:47:41.280 --> 01:47:43.000]  They don't count.
[01:47:43.000 --> 01:47:50.480]  The only thing that counts in a trust is the grantor, trustee, beneficiary.
[01:47:50.480 --> 01:47:58.820]  So I just wrote up an argument on that today, that the lender subsequently comes along and
[01:47:58.820 --> 01:48:00.680]  changes the trustee.
[01:48:00.680 --> 01:48:05.080]  Well, you don't have any standing in this trust.
[01:48:05.080 --> 01:48:10.080]  You just kind of mentioned as a side issue.
[01:48:10.080 --> 01:48:17.240]  The grantor and the beneficiary, the only ones that have standing under the trust, they're
[01:48:17.240 --> 01:48:20.640]  going to have to brief all that out.
[01:48:20.640 --> 01:48:21.940]  We're going to lose the argument.
[01:48:21.940 --> 01:48:24.400]  We don't care.
[01:48:24.400 --> 01:48:26.880]  It's a good argument.
[01:48:26.880 --> 01:48:37.600]  And then MERS in the, on deeds of trust, you have a section, the first section of the actual
[01:48:37.600 --> 01:48:43.720]  contract starts on about the second or third page.
[01:48:43.720 --> 01:48:49.840]  The first part where MERS is mentioned, the grantor, the beneficiary, that's a definition
[01:48:49.840 --> 01:48:50.840]  section.
[01:48:50.840 --> 01:48:53.240]  That's not part of the contract.
[01:48:53.240 --> 01:48:55.760]  It just lists the players.
[01:48:55.760 --> 01:49:02.400]  And then the contract starts where the property is assigned to the trustee.
[01:49:02.400 --> 01:49:09.520]  In a deed of trust, the very next paragraph starts out by saying, it starts with together
[01:49:09.520 --> 01:49:17.120]  with, and it goes to collateral, the property together with all improvements or additions.
[01:49:17.120 --> 01:49:22.400]  And right in the middle, somebody stuck up a sentence in there that says, you understand
[01:49:22.400 --> 01:49:28.280]  that MERS is not the beneficiary, but merely holds legal title.
[01:49:28.280 --> 01:49:35.080]  So wait a minute, the trustee holds legal title.
[01:49:35.080 --> 01:49:39.360]  The beneficiary holds equitable title.
[01:49:39.360 --> 01:49:42.480]  The trustee holds legal title.
[01:49:42.480 --> 01:49:48.520]  So is MERS the trustee or is somebody else?
[01:49:48.520 --> 01:49:58.920]  Now you look at the contract from the least sophisticated buyer perspective, I don't know
[01:49:58.920 --> 01:50:00.000]  what MERS is.
[01:50:00.000 --> 01:50:05.680]  I thought this was a deed of trust and I thought the trustee held legal title, but now this
[01:50:05.680 --> 01:50:07.520]  says that MERS holds legal title.
[01:50:07.520 --> 01:50:16.760]  I think whoever wrote up this trust was high on Coke because these things are such a mess.
[01:50:16.760 --> 01:50:19.440]  And then I look at all the documents filed in the public record.
[01:50:19.440 --> 01:50:24.160]  In this particular one, I have Craig Muirhead.
[01:50:24.160 --> 01:50:30.160]  He's a common trustee in Fort Worth area, Dallas-Fort Worth area.
[01:50:30.160 --> 01:50:36.580]  But nowhere in the public record is there an appointment of substitute trustee naming
[01:50:36.580 --> 01:50:43.840]  Craig Muirhead, but his name is on the trustee's deed.
[01:50:43.840 --> 01:50:50.800]  So we file a quiet title action claiming that the trustee's deed is void because Craig Muirhead
[01:50:50.800 --> 01:50:57.520]  has no power to act as trustee because he was never named.
[01:50:57.520 --> 01:51:07.320]  Now he probably was named and assigned as substitute trustee, but their problem is is
[01:51:07.320 --> 01:51:12.400]  they didn't get that document filed in the public record.
[01:51:12.400 --> 01:51:19.400]  And in Texas, and every state has a property code statute that mirrors this one.
[01:51:19.400 --> 01:51:29.200]  In Texas, it says under 13.001, any claim against real property, not properly acknowledged
[01:51:29.200 --> 01:51:36.520]  or proven, acknowledged notary proven to witnesses and filed in the public record is void as
[01:51:36.520 --> 01:51:38.720]  to the holder.
[01:51:38.720 --> 01:51:48.640]  So we don't care if Craig Muirhead is the bona fide and proper substitute trustee.
[01:51:48.640 --> 01:51:51.200]  He didn't file it in the record.
[01:51:51.200 --> 01:52:00.160]  So we filed this quiet title action, and they got 30 days to file an opposition.
[01:52:00.160 --> 01:52:06.000]  And then we'll file, we got 15 days to file a response to their opposition, and then the
[01:52:06.000 --> 01:52:11.480]  court will take about six months to make a ruling on it.
[01:52:11.480 --> 01:52:18.700]  And almost always the court will rule against us, but they'll do it without prejudice.
[01:52:18.700 --> 01:52:21.820]  And that gives us opportunity to amend.
[01:52:21.820 --> 01:52:27.100]  So we amend, and we start that process all over again.
[01:52:27.100 --> 01:52:37.520]  Six years down the road, a friend of mine in California, the US Supreme denied his cert.
[01:52:37.520 --> 01:52:41.440]  He paid $350,000 for the property.
[01:52:41.440 --> 01:52:48.120]  He stopped paying on it six or seven years before, and properties in that area were renting
[01:52:48.120 --> 01:52:52.000]  for between $3,000 and $4,000 a month.
[01:52:52.000 --> 01:52:56.440]  So he's saving that much a month.
[01:52:56.440 --> 01:53:02.440]  The State Supreme denied his cert.
[01:53:02.440 --> 01:53:13.880]  He sold the property for $890,000, paid off the bank, and left all the way to Phoenix.
[01:53:13.880 --> 01:53:15.100]  This is what you can do.
[01:53:15.100 --> 01:53:20.980]  Right now, when I take on clients who are in foreclosure, I won't take on a client unless
[01:53:20.980 --> 01:53:27.040]  they agree to take half of the amount of the mortgage every month and put it in a bank
[01:53:27.040 --> 01:53:29.280]  account.
[01:53:29.280 --> 01:53:34.800]  And I'll stall the bank while you're building up funds in that account.
[01:53:34.800 --> 01:53:37.920]  So you're saving every month more than you would pay me.
[01:53:37.920 --> 01:53:39.560]  I don't charge very much anyway.
[01:53:39.560 --> 01:53:44.840]  And you build up this set of funds, and we'll hold them off for three or four or five years
[01:53:44.840 --> 01:53:50.120]  while you build up these funds, and while you cost them a lot of money, because every
[01:53:50.120 --> 01:53:57.320]  time a lawyer files a pleading that I can find one error in, we bar grieve him.
[01:53:57.320 --> 01:54:00.600]  And he'll quit, and they'll have to hire another one to cost more money, and you just keep
[01:54:00.600 --> 01:54:02.200]  racking up their cost.
[01:54:02.200 --> 01:54:07.160]  And then once you get a chunk of change, then you go to him and say, guys, let's make a
[01:54:07.160 --> 01:54:09.120]  deal.
[01:54:09.120 --> 01:54:14.680]  I got this handful of dollars I can throw at you, and you make all this go away.
[01:54:14.680 --> 01:54:19.440]  Anybody who tells you that you can go into court and win a foreclosure action is lying
[01:54:19.440 --> 01:54:21.920]  to you.
[01:54:21.920 --> 01:54:28.720]  The judges are simply bought and paid for.
[01:54:28.720 --> 01:54:36.640]  But you can win a deal, and that's what we primarily do.
[01:54:36.640 --> 01:54:39.560]  What do you think, Ken?
[01:54:39.560 --> 01:54:46.360]  I think... I wanted to say something else.
[01:54:46.360 --> 01:54:52.880]  I don't think I have a MERS loan, by the way, because I had my deed done recently.
[01:54:52.880 --> 01:55:00.000]  And the county clerk said everybody was trying to commit fraud, you can get a deed for $5.
[01:55:00.000 --> 01:55:01.320]  I went around and got it.
[01:55:01.320 --> 01:55:03.280]  There's no 18-digit number on it.
[01:55:03.280 --> 01:55:07.080]  I think you said that was the MERS number?
[01:55:07.080 --> 01:55:12.880]  I'd have to look at the number to be able to tell, but it doesn't matter.
[01:55:12.880 --> 01:55:15.200]  MERS is just one of a...
[01:55:15.200 --> 01:55:18.720]  I don't even like to mess with MERS for the most part.
[01:55:18.720 --> 01:55:26.600]  I generally ignore MERS unless I don't have any other good arguments.
[01:55:26.600 --> 01:55:30.200]  Primarily the thing I want to do is look at what is filed in the public record.
[01:55:30.200 --> 01:55:33.560]  They always screw it up.
[01:55:33.560 --> 01:55:40.440]  And then you go in with a quiet title action asking for a declaration of rights.
[01:55:40.440 --> 01:55:45.640]  You don't ask for any money damages on the first suit.
[01:55:45.640 --> 01:55:53.120]  You want to determine who has agency standing and capacity to represent the original lender
[01:55:53.120 --> 01:55:57.780]  or the current bona fide holder of the note.
[01:55:57.780 --> 01:56:00.400]  That's what your first suit's always about.
[01:56:00.400 --> 01:56:07.920]  If you don't ask for any money, it's immune to a Rule 12 motion to dismiss.
[01:56:07.920 --> 01:56:10.680]  You're just asking for declaratory judgment.
[01:56:10.680 --> 01:56:12.640]  You get right past Rule 12.
[01:56:12.640 --> 01:56:15.200]  You want to get to discovery.
[01:56:15.200 --> 01:56:19.560]  When you start getting to discovery, they're going to get really, really unhappy.
[01:56:19.560 --> 01:56:24.660]  And then you try to bring them to the table.
[01:56:24.660 --> 01:56:31.280]  If they fight that one through five or six years from now, we'll come back and file the
[01:56:31.280 --> 01:56:36.000]  real one, the fraud suit.
[01:56:36.000 --> 01:56:40.920]  My loan is probably not worth fighting over much because the entire note was $134,000.
[01:56:40.920 --> 01:56:42.960]  It was a real fixer-upper.
[01:56:42.960 --> 01:56:48.940]  Yeah, but how old is it?
[01:56:48.940 --> 01:56:49.940]  How old is what?
[01:56:49.940 --> 01:56:50.940]  The note?
[01:56:50.940 --> 01:56:51.940]  Yeah, the note.
[01:56:51.940 --> 01:56:52.940]  2002.
[01:56:52.940 --> 01:56:53.940]  15 years.
[01:56:53.940 --> 01:56:54.940]  Okay.
[01:56:54.940 --> 01:56:58.840]  You got half of it.
[01:56:58.840 --> 01:57:04.880]  At that rate, they might write the whole thing off and say, buy, drop your suit, go away
[01:57:04.880 --> 01:57:05.880]  and leave me alone.
[01:57:05.880 --> 01:57:07.600]  I'll give you the deeds of trust back.
[01:57:07.600 --> 01:57:08.600]  Go away.
[01:57:08.600 --> 01:57:09.600]  Go away.
[01:57:09.600 --> 01:57:16.800]  Let me ask you about lawyers that come to charge me $700 to do this.
[01:57:16.800 --> 01:57:21.000]  Is there a statute of limitations on bar grievances?
[01:57:21.000 --> 01:57:29.640]  Well, they say a year, but only the bar association cares about that.
[01:57:29.640 --> 01:57:30.640]  We don't.
[01:57:30.640 --> 01:57:33.000]  That's what I was getting at.
[01:57:33.000 --> 01:57:35.800]  And their insurance carrier, they don't care.
[01:57:35.800 --> 01:57:41.760]  I was thinking I would send them a present, all trouble against me.
[01:57:41.760 --> 01:57:44.680]  Yeah, it won't hurt.
[01:57:44.680 --> 01:57:49.960]  And the insurance carrier has an insurance adjuster there that it's his purpose to find
[01:57:49.960 --> 01:57:53.140]  a reason to raise their premium.
[01:57:53.140 --> 01:57:56.640]  So he don't care how old it is.
[01:57:56.640 --> 01:58:00.000]  That's an excuse to charge him more money.
[01:58:00.000 --> 01:58:04.920]  I'd like to make him wish he never came from upstate New York and came down here.
[01:58:04.920 --> 01:58:10.960]  Well, bar grievances will certainly do that.
[01:58:10.960 --> 01:58:15.040]  But if you want me to look at your note, just send me some documents.
[01:58:15.040 --> 01:58:18.040]  I'll have a look at them and I'll get back to you.
[01:58:18.040 --> 01:58:19.040]  Certainly.
[01:58:19.040 --> 01:58:20.040]  Okay.
[01:58:20.040 --> 01:58:21.040]  Okay.
[01:58:21.040 --> 01:58:22.040]  Okay.
[01:58:22.040 --> 01:58:23.040]  Thank you for calling, Ken.
[01:58:23.040 --> 01:58:26.120]  This is Randy Kelton, Deborah Stevens, Rule of the Radio.
[01:58:26.120 --> 01:58:31.760]  We'll be back tomorrow night on our four hour info marathon.
[01:58:31.760 --> 01:58:38.120]  And tomorrow, there's a longer show, so we have time to go into issues in more depth.
[01:58:38.120 --> 01:58:44.760]  And that's what we'd like to do on this show so we can get into the really pedantic details.
[01:58:44.760 --> 01:58:46.360]  We'll see you tomorrow night.
[01:58:46.360 --> 01:58:50.560]  Thank you for listening and good night.
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