ROL_2018-03-02_16k_Hr3-4.timecode

[00:00.000 --> 00:05.640]  The following news flashes brought to you by The Low Star Lowdowns.
[00:05.640 --> 00:12.040]  Markets for a Wednesday, 28 February 2018 are currently trading with gold at $1,317.86
[00:12.040 --> 00:19.720]  an ounce, silver at $16.14 an ounce, Texas crude $63.01 a barrel, bitcoins at $10,702.90,
[00:19.720 --> 00:30.640]  theorems $873.48, bitcoin cash $1,242.74, and finalite coins at $209.99, a cartocoin.
[00:30.640 --> 00:39.000]  Today in history, the year 1525, the last Aztec emperor, Cuauhtémoc, or Cuauhtémocen,
[00:39.000 --> 00:44.080]  as he was also called, was executed at the order of conquistador Hernán Cortés,
[00:44.080 --> 00:50.880]  the execution of the last Aztec king today in history.
[00:50.880 --> 00:54.960]  In recent news, Oakland Mayor Libby Schaeff apparently alerted residents as she expected
[00:54.960 --> 00:58.800]  immigration and customer enforcement agents to be doing local sweeps, urging those in
[00:58.800 --> 01:00.680]  the country illegally to take precautions.
[01:00.680 --> 01:04.240]  Oakland is one of the many California cities that have declared themselves sanctuary city
[01:04.240 --> 01:08.280]  for those immigrants that are here illegally, with many officials valing to resist President
[01:08.280 --> 01:10.360]  Trump's legal immigration enforcement.
[01:10.360 --> 01:14.400]  Residents agents were able to make more than 150 arrests during the federal sweeps in spite
[01:14.400 --> 01:17.440]  of the mayor's efforts to the contrary over the weekend.
[01:17.440 --> 01:22.000]  ISIS Acting Director Thomas D. Holman had some stern words for Mayor Schaeff, quote,
[01:22.000 --> 01:25.800]  the Oakland mayor's decision to politicize her suspicions about ICE operations further
[01:25.800 --> 01:30.920]  increased the risk for my officers and alerted criminal aliens, making clear that this reckless
[01:30.920 --> 01:34.840]  decision was based on her political agenda with the very federal laws that ISIS sworn
[01:34.840 --> 01:35.840]  to uphold.
[01:35.840 --> 01:39.680]  Schaeff, on the other hand, stood by her decision, quote, my statement on Saturday was meant
[01:39.680 --> 01:44.200]  to give all residents time to learn about their rights and know their legal options.
[01:44.200 --> 01:46.000]  I do not regret sharing this information.
[01:46.000 --> 01:50.840]  It is Oakland's legal right to be a sanctuary city and we have not broken any laws.
[01:50.840 --> 01:53.880]  We believe our community is safer when our families stay together.
[01:53.880 --> 01:58.360]  About half of over the 150 those who were arrested over the weekend have criminal convictions
[01:58.360 --> 02:03.760]  according to the agency, with 864 immigrants with criminal backgrounds still being at large,
[02:03.760 --> 02:08.480]  despite the efforts of ICE raids on Stockton, Sacramento, San Francisco and Bay Point.
[02:08.480 --> 02:11.960]  The time will tell if tensions between sanctuary cities and the federal government escalate
[02:11.960 --> 02:18.600]  to the point of federal funds being cut to these federally non-compliant cities.
[02:18.600 --> 02:23.040]  During a Reddit Ask Me Anything session on Tuesday, Microsoft co-founder Bill Gates explained
[02:23.040 --> 02:27.240]  why he thinks cryptocurrencies, not all advocates are cracking it out to be.
[02:27.240 --> 02:31.680]  He stated that, quote, the main feature of cryptocurrencies is their anonymity.
[02:31.680 --> 02:35.840]  The government's ability to find money laundering and tax evasion and terrorist funding is a
[02:35.840 --> 02:37.000]  good thing.
[02:37.000 --> 02:41.920]  Right now, cryptocurrencies are used for buying fentanyl and other drugs, so it is a rare
[02:41.920 --> 02:45.480]  technology that has caused deaths in a fairly direct way.
[02:45.480 --> 02:50.400]  By that logic, I wonder if Bill Gates considers Microsoft responsible for the litany of crimes
[02:50.400 --> 02:52.400]  committed on their operating systems.
[02:52.400 --> 03:05.400]  This was Rick Brody with your lowdown for February 28th, 2018.
[03:05.400 --> 03:25.040]  Okay, we are back, Randy Kelton, from Rue La Radio, and we're talking to Olivier in
[03:25.040 --> 03:26.040]  Tennessee.
[03:26.040 --> 03:31.640]  Okay, have you read the original contract?
[03:31.640 --> 03:43.640]  I'm trying to get it from her, she's going to go get it, but that was what was kind of
[03:43.640 --> 03:44.640]  funny to me.
[03:44.640 --> 03:51.320]  And it didn't make no sense, I was just trying to see, is that anyway possible for someone
[03:51.320 --> 03:58.120]  to come up with a new contract when you're 10 months into the contract?
[03:58.120 --> 04:07.200]  Well, yes, it is, but it depends on what the original contract was.
[04:07.200 --> 04:20.240]  And since this is a rental agreement, okay, it's a rental agreement as opposed to a lease.
[04:20.240 --> 04:25.360]  Is that correct?
[04:25.360 --> 04:27.680]  Yeah.
[04:27.680 --> 04:30.280]  So is it a month-to-month agreement?
[04:30.280 --> 04:31.280]  No.
[04:31.280 --> 04:36.680]  Okay, if it's not a month-to-month, then it's a lease.
[04:36.680 --> 04:37.680]  Right.
[04:37.680 --> 04:46.400]  So it probably, if it's a rental agreement, does she agree to rent the apartment for a
[04:46.400 --> 04:49.000]  specific amount of time?
[04:49.000 --> 04:53.600]  Yeah, it was for a year.
[04:53.600 --> 04:59.640]  Okay, then that's a lease.
[04:59.640 --> 05:06.120]  How long before the lease is up?
[05:06.120 --> 05:08.160]  The lease is already up, it's up now.
[05:08.160 --> 05:10.160]  She's doing my thing just now.
[05:10.160 --> 05:11.160]  Oh, okay.
[05:11.160 --> 05:15.160]  She's trying to get it, yeah, she's trying to take it on the court.
[05:15.160 --> 05:18.040]  She's hitting heavy ground.
[05:18.040 --> 05:26.480]  If the lease is up, unless the contract says so, he doesn't have to renew the lease.
[05:26.480 --> 05:34.280]  And if he does renew the lease, he can renew the lease with whatever condition he chooses.
[05:34.280 --> 05:41.280]  No, it's not trying to renew the lease, he's trying to say that it caused damage and trying
[05:41.280 --> 05:48.760]  to price him for work that was done to the apartment.
[05:48.760 --> 05:55.840]  Okay, he can do that so long as there were provisions in the lease for that.
[05:55.840 --> 05:58.840]  And there almost always is.
[05:58.840 --> 06:04.240]  Well, I don't think that there was any in the first one.
[06:04.240 --> 06:10.640]  And the second one that came up was some other provisions where he had to get permission
[06:10.640 --> 06:20.640]  on what quality of paint or what kind of material was used to renovate the apartment at day
[06:20.640 --> 06:21.640]  left.
[06:21.640 --> 06:26.040]  So, that's why, and...
[06:26.040 --> 06:33.680]  Okay, those sounds like relatively standard provisions.
[06:33.680 --> 06:41.040]  I don't hear anything here that sounds out of the ordinary.
[06:41.040 --> 06:48.920]  And if her lease is up, he can pretty well put in any requirements he wants in order
[06:48.920 --> 06:52.480]  to initiate another lease.
[06:52.480 --> 06:57.680]  No, you're not trying to get another lease, you're trying to sue them.
[06:57.680 --> 07:05.480]  You're trying to sue them for damages saying that they didn't fix those things.
[07:05.480 --> 07:15.600]  And it didn't give him time to fix the thing that was an issue and, you know, when I guess
[07:15.600 --> 07:21.280]  when they did fix everything, they charged them the highest that they could.
[07:21.280 --> 07:29.280]  Okay, so they want to sue to lower the amount they're charged.
[07:29.280 --> 07:33.280]  No, they can definitely do that.
[07:33.280 --> 07:41.280]  They're trying to sue for the damages, the tenant is trying to sue the rentee.
[07:41.280 --> 07:44.600]  Okay, I think I'm missing something here.
[07:44.600 --> 07:45.600]  Using pronouns.
[07:45.600 --> 07:46.600]  Who is suing who?
[07:46.600 --> 07:59.280]  The owner of the apartment is suing the tenant and the tenant is claiming they don't owe
[07:59.280 --> 08:09.680]  what the owner of the apartment is trying to collect from them.
[08:09.680 --> 08:17.840]  You can probably, you know, she can file a response to the suit and if the lawyer looks
[08:17.840 --> 08:22.160]  at it and says it's going to take you, cost you way more to adjudicate this than you can
[08:22.160 --> 08:33.840]  get, they likely to come to the table and make a deal.
[08:33.840 --> 08:37.240]  This is real common.
[08:37.240 --> 08:48.440]  The owner of the apartment, the owner of the apartment never, ever wants to give that security
[08:48.440 --> 08:49.440]  deposit back.
[08:49.440 --> 09:01.240]  We helped the guy in Austin fight them and he won at the end.
[09:01.240 --> 09:02.240]  But it was a big fight.
[09:02.240 --> 09:04.240]  It took him a long time.
[09:04.240 --> 09:14.240]  Okay, have you got somebody here who has the wherewithal to fight them?
[09:14.240 --> 09:15.240]  No.
[09:15.240 --> 09:23.200]  You can't, there's not much you can do, you can try to help them, but you can't stand
[09:23.200 --> 09:26.760]  in their shoes and if they don't have the wherewithal to fight them.
[09:26.760 --> 09:34.920]  The last thing to do is you help them put together an opposition and make it look like
[09:34.920 --> 09:44.200]  they're going to fight them and then ask the court to order mediation.
[09:44.200 --> 09:49.720]  Just have your people tell them, look, will cost you more money than you can get.
[09:49.720 --> 09:56.280]  So make us a deal we can live in and we'll go home.
[09:56.280 --> 10:05.280]  Okay, Ken, is that legal for them to come with another contract while the lease is closed?
[10:05.280 --> 10:08.960]  Yeah, definitely is, yeah.
[10:08.960 --> 10:17.280]  If the current lease is up, they have no duty to renew the lease or none that I know of.
[10:17.280 --> 10:23.760]  The current, no, it's not up, the lease is not up, you're leasing some of the apartment
[10:23.760 --> 10:24.760]  for too long.
[10:24.760 --> 10:25.760]  Okay.
[10:25.760 --> 10:28.360]  I'm just getting confused here because you just said the lease was up and they're trying
[10:28.360 --> 10:31.120]  to do another one.
[10:31.120 --> 10:43.880]  So he would not be able to force them to sign a new lease as long as a current lease was
[10:43.880 --> 10:44.880]  in place.
[10:44.880 --> 10:48.480]  Okay, well, that's what happened.
[10:48.480 --> 10:55.600]  However, what he can do is say, either sign this lease or not.
[10:55.600 --> 11:02.200]  Sign this lease or when this lease is up, the old lease is up, I'm not going to re-rent
[11:02.200 --> 11:04.200]  until you have to move.
[11:04.200 --> 11:05.200]  No, okay.
[11:05.200 --> 11:07.200]  It's not what happened.
[11:07.200 --> 11:10.720]  You say, is that what happened?
[11:10.720 --> 11:14.280]  No, I said that's not what happened.
[11:14.280 --> 11:15.280]  Okay.
[11:15.280 --> 11:20.280]  So what did he do, did he threaten to evict them if they didn't sign the lease?
[11:20.280 --> 11:24.600]  Yeah, he told them that they had to sign the lease.
[11:24.600 --> 11:27.400]  Okay, no, he can't do that.
[11:27.400 --> 11:34.280]  Or at least, not that I know of depends on what the conditions in the previous lease
[11:34.280 --> 11:35.280]  were.
[11:35.280 --> 11:42.080]  If he is claiming that they breached the conditions of the lease, then he can claim that the lease
[11:42.080 --> 11:44.080]  is no longer effective.
[11:44.080 --> 11:52.200]  Yeah, I understand that and I was trying to look for that and I didn't see any evidence
[11:52.200 --> 11:53.200]  of that.
[11:53.200 --> 12:00.600]  If it's not in the lease itself, if he hasn't claimed that they violated the provisions
[12:00.600 --> 12:09.920]  of the lease since claiming that the lease is void, then he has no standing to order
[12:09.920 --> 12:14.080]  them to sign a new lease.
[12:14.080 --> 12:24.080]  Right, right, because if it was for that, that means that he should have just evicted
[12:24.080 --> 12:25.080]  them.
[12:25.080 --> 12:34.960]  Well, he can't do that if he has a lease unless he claims that they breach the lease
[12:34.960 --> 12:35.960]  contract.
[12:35.960 --> 12:41.880]  But then he's going to have to go before a judge and get a judge to agree with him.
[12:41.880 --> 12:45.560]  Right, that was the second contract.
[12:45.560 --> 12:55.240]  It referred to the first contract saying that they would have to leave if anything was breached.
[12:55.240 --> 13:05.120]  Well, it doesn't refer to any of her actions or anything else for the suit that's saying
[13:05.120 --> 13:11.600]  that according to the second agreement on the contract, she agreed to have them pick
[13:11.600 --> 13:18.360]  out the contractors and the type of material and the calling.
[13:18.360 --> 13:21.720]  Okay, okay, I'm still not understanding something.
[13:21.720 --> 13:34.800]  Is there damage that these people are liable for and they're attempting to repair the damage
[13:34.800 --> 13:42.800]  and the landlord wants to use contractors different than the ones that people are hiring?
[13:42.800 --> 13:44.800]  Right, right.
[13:44.800 --> 13:45.800]  Okay.
[13:45.800 --> 13:51.520]  Right, and the action landlord didn't even allow them to fix it, they didn't give him
[13:51.520 --> 13:53.800]  a chance to maintain a claim.
[13:53.800 --> 13:58.640]  Okay, step in the landlord's shoes for a minute.
[13:58.640 --> 14:02.360]  He's got this property he has to maintain.
[14:02.360 --> 14:06.080]  He has people in it that don't really have an investment in the property, they've damaged
[14:06.080 --> 14:08.600]  something and under leased, they have to fix it.
[14:08.600 --> 14:15.520]  Well, they're going to fix it absolutely as cheap as possible and he wants to know that
[14:15.520 --> 14:22.480]  his fix is sufficient so that he doesn't have to redo it.
[14:22.480 --> 14:31.840]  So if this goes to court, they almost guarantee the judge will rule in the landlord's favor.
[14:31.840 --> 14:39.200]  But then again, court takes a long time cost a lot of money.
[14:39.200 --> 14:48.200]  So what they may be able to do is agree to give the landlord the amount they were going
[14:48.200 --> 14:53.000]  to pay to have it done and then let the landlord hire anybody he wants to and he can pay the
[14:53.000 --> 15:00.920]  rest or fight us in court and all your kid is a judgment against us and you'll never
[15:00.920 --> 15:06.920]  get your money.
[15:06.920 --> 15:09.920]  Politics in the end.
[15:09.920 --> 15:23.320]  So can you say that they still would warn or that that contract is not valid?
[15:23.320 --> 15:27.880]  I don't know if the contract's valid, I don't know if that's the issue.
[15:27.880 --> 15:35.160]  If the contract requires them to fix any damages that they caused and the contract doesn't
[15:35.160 --> 15:43.520]  stipulate who they use to fix the damages or who hires the contractors to fix it, then
[15:43.520 --> 15:48.600]  they could technically hire anybody they want to.
[15:48.600 --> 15:54.320]  But then he could come back and claim that the fix is not sufficient and then wind up
[15:54.320 --> 16:01.960]  pursuing them so everybody winds up in court.
[16:01.960 --> 16:04.360]  So that's what it says.
[16:04.360 --> 16:11.960]  They'll still have a certain amount of time to make the fix, to make the fix is to the
[16:11.960 --> 16:12.960]  apartment.
[16:12.960 --> 16:17.520]  The landlord didn't even give him the time to do that.
[16:17.520 --> 16:21.120]  So I'm figuring the first contract was not written up.
[16:21.120 --> 16:28.760]  Like the second contract, he came in and bullied them to sign another contract and said...
[16:28.760 --> 16:31.360]  How long ago did they sign it?
[16:31.360 --> 16:32.360]  December.
[16:32.360 --> 16:39.520]  Okay, so you've got three days you can rescind your signature without cause.
[16:39.520 --> 16:46.280]  If it's longer than that and they felt pressured into it, they could still rescind, file to
[16:46.280 --> 16:47.280]  rescind their signature.
[16:47.280 --> 16:51.480]  Hang on, we're about to go to break, Randy Kelton, Wheel of Law Radio, or call in number
[16:51.480 --> 16:52.480]  512-646-1984.
[16:52.480 --> 16:53.480]  We'll be right back.
[16:53.480 --> 16:54.480]  Dang, cookies.
[16:54.480 --> 16:55.480]  Cookie?
[16:55.480 --> 16:56.480]  Me love cookies.
[16:56.480 --> 16:57.480]  Oh, hi, Cookie Munchers.
[16:57.480 --> 16:58.480]  No, these are yucky cookies.
[16:58.480 --> 16:59.480]  Cookie?
[16:59.480 --> 17:00.480]  Yucky?
[17:00.480 --> 17:01.480]  No, no bad cookies.
[17:01.480 --> 17:02.480]  You can't even eat these cookies.
[17:02.480 --> 17:03.480]  These are cyber cookies.
[17:03.480 --> 17:04.480]  No cookies?
[17:04.480 --> 17:05.480]  No.
[17:05.480 --> 17:06.480]  They are cyber cookies and they clog up your computer.
[17:06.480 --> 17:07.480]  Me love cookies.
[17:07.480 --> 17:08.480]  You can't even eat these cookies.
[17:08.480 --> 17:09.480]  These are cyber cookies.
[17:09.480 --> 17:10.480]  You can't even eat these cookies.
[17:10.480 --> 17:11.480]  These are cyber cookies.
[17:11.480 --> 17:12.480]  No cookies?
[17:12.480 --> 17:13.480]  No.
[17:13.480 --> 17:14.480]  They are cyber cookies and they clog up your computer.
[17:14.480 --> 17:17.480]  Me have apples.
[17:17.480 --> 17:18.480]  Really?
[17:18.480 --> 17:20.480]  Oh, that's an actual apple.
[17:20.480 --> 17:22.480]  Hmm, yummy apple.
[17:22.480 --> 17:26.480]  I'm going to throw away these yucky cookies in the trash.
[17:26.480 --> 17:32.480]  I click control, shift, delete, and then scroll down to cookies and clear them.
[17:32.480 --> 17:34.480]  Bye bye, yucky cookies.
[17:34.480 --> 17:40.480]  Now, I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.480 --> 17:41.480]  side.
[17:41.480 --> 17:46.480]  I click on the link and I can go to Amazon through this link and order you some yummy
[17:46.480 --> 17:47.480]  new cookie.
[17:47.480 --> 17:48.480]  New cookies?
[17:48.480 --> 17:49.480]  For me?
[17:49.480 --> 17:51.480]  Consider it an early Christmas present.
[17:51.480 --> 17:56.480]  And every time I order on Amazon, I go through this link and I give a little present to this
[17:56.480 --> 17:57.480]  radio network too.
[17:57.480 --> 17:58.480]  These are cookies.
[17:58.480 --> 18:00.480]  These are classified.
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[19:22.480 --> 19:23.480]  Okay, we are back.
[19:23.480 --> 19:30.480]  Randy Kelton, ruleoflawradio, is picking on my producer there in the break.
[19:30.480 --> 19:33.480]  Okay, back to Olivier.
[19:33.480 --> 19:34.480]  Okay.
[19:34.480 --> 19:38.480]  Have you got that sorted out?
[19:38.480 --> 19:48.480]  I'm thinking in the end that this is going to be a negotiation, that your people shouldn't
[19:48.480 --> 19:55.480]  get too angry at the property owner because he's just trying to save his property.
[19:55.480 --> 20:05.480]  And if both sides keep their head and your friends notice the property owner that if
[20:05.480 --> 20:10.480]  he pushes too hard, they'll fight him and they're going to wind up in a court battle
[20:10.480 --> 20:14.480]  and lawyers get all the money and nobody wins.
[20:14.480 --> 20:23.480]  Or if he finds out they just won't lay down and roll over.
[20:23.480 --> 20:31.480]  Right now, if they've signed this new lease, they might first go to him and say they want
[20:31.480 --> 20:38.480]  to negotiate a different lease, that they're not happy with that and they felt unduly influenced
[20:38.480 --> 20:44.480]  into signing an inconscionable contract.
[20:44.480 --> 20:47.480]  They need to understand what inconscionable is.
[20:47.480 --> 20:57.480]  That's where there are benefits for one party without a corresponding benefit for the other party.
[20:57.480 --> 21:06.480]  And if you have people that aren't sophisticated, it's going to be real hard for them to get
[21:06.480 --> 21:07.480]  too complex.
[21:07.480 --> 21:15.480]  They might let him know that they're prepared to get a lawyer if they need to or just telling
[21:15.480 --> 21:21.480]  that you've got this organization that provides pro bono lawyers.
[21:21.480 --> 21:27.480]  So if we have to, we'll take this to court, but we'd rather just make a deal we can both
[21:27.480 --> 21:32.480]  be happy with and negotiate this out.
[21:32.480 --> 21:40.480]  Primarily get them not to feel like the property owner is trying to be too difficult because
[21:40.480 --> 21:46.480]  when I was growing up we rented properties and it is very difficult.
[21:46.480 --> 21:52.480]  You have people come into your property that don't have any investment in it so they don't care.
[21:52.480 --> 21:58.480]  I got horror stories you would not believe of people living in my mother's apartments
[21:58.480 --> 22:04.480]  and there were just a guy had water draining through the ceiling for two months and never
[22:04.480 --> 22:06.480]  told me.
[22:06.480 --> 22:09.480]  My hardwood floors were twisted up sideways.
[22:09.480 --> 22:19.480]  The whole ceiling was sagging about to fall in on him and he never told me so I could fix a minor leak.
[22:19.480 --> 22:23.480]  It cost me $15,000 to fix a minor leak.
[22:23.480 --> 22:27.480]  I wouldn't choke him.
[22:27.480 --> 22:31.480]  People don't, it's not their property so they tend not to take care of it.
[22:31.480 --> 22:37.480]  And I'm not saying these people did that, but this is what the property owner deals with all the time.
[22:37.480 --> 22:39.480]  So he's going to be real protective.
[22:39.480 --> 22:43.480]  He's almost certainly had people damage your apartment.
[22:43.480 --> 22:45.480]  He asked them to fix it.
[22:45.480 --> 22:50.480]  They paid somebody to fix it and then after they left, he's got to pay to have it done again
[22:50.480 --> 22:56.480]  because they got the cheapest contractor they could get and he did a crappy job.
[22:56.480 --> 23:02.480]  The landlord probably has concerns and if your people address his concerns,
[23:02.480 --> 23:10.480]  you can probably come to a negotiated settlement.
[23:10.480 --> 23:17.480]  Okay.
[23:17.480 --> 23:31.480]  On another note, have you worked on that you were preparing a lawsuit against the State of Tennessee?
[23:31.480 --> 23:33.480]  Right.
[23:33.480 --> 23:37.480]  Have you got any farther on it?
[23:37.480 --> 23:48.480]  I haven't really gotten into it because I'm in the face of packing up a meeting right now.
[23:48.480 --> 24:01.480]  But I have put together, you sent me a version of the document and it's kind of confusing.
[24:01.480 --> 24:11.480]  I don't think we're understanding the process or what the challenge is, but the challenge is here.
[24:11.480 --> 24:20.480]  And I'm trying to figure out if I'm being confusing or not explaining it properly.
[24:20.480 --> 24:21.480]  Okay, hold on.
[24:21.480 --> 24:30.480]  There's one thing I'm seeing is you have an issue that you want to fight.
[24:30.480 --> 24:35.480]  And I get this a lot.
[24:35.480 --> 24:42.480]  But you have a case here with more than one issue in it.
[24:42.480 --> 24:49.480]  If you want to win your case, you need to give them a reason to give you a win.
[24:49.480 --> 24:59.480]  Your argument on liberty is an argument that if they rule in your favor,
[24:59.480 --> 25:03.480]  it screws up everything for them.
[25:03.480 --> 25:10.480]  And regardless of how good your argument is, they're not going to give you that ruling,
[25:10.480 --> 25:14.480]  and you'll be fighting them for the next 10 years.
[25:14.480 --> 25:20.480]  They've been ruling like that, Delaware v. Bruce.
[25:20.480 --> 25:24.480]  They ruled that like that, but they just didn't work.
[25:24.480 --> 25:34.480]  Go back and look at those suits, look at the ruling date, and look at the filing date.
[25:34.480 --> 25:42.480]  I'm going to bet you're going to find this between 7 and 10 years apart.
[25:42.480 --> 25:44.480]  Okay.
[25:44.480 --> 25:53.480]  If you want to win, you give them an argument that they absolutely cannot allow you to win on.
[25:53.480 --> 25:55.480]  But you've got a good argument.
[25:55.480 --> 25:59.480]  So it's a possibility they could lose at the end.
[25:59.480 --> 26:03.480]  We have an example in the federal courts.
[26:03.480 --> 26:13.480]  Jasinowski, absolutely the most nitpicking BS suit I think I ever saw in foreclosure.
[26:13.480 --> 26:26.480]  And once when you sign a contract, a mortgage contract, if the lender misrepresented dollar figures to you,
[26:26.480 --> 26:31.480]  you have three years in which to rescind the contract.
[26:31.480 --> 26:38.480]  This couple rescinded the contract on the very last day.
[26:38.480 --> 26:46.480]  And the reason they rescinded the contract was because the lender was required to notice all parties.
[26:46.480 --> 26:56.480]  Well, this man and wife came and sat down at the closing table and they gave them a copy of the notice, but only one.
[26:56.480 --> 27:02.480]  And they said they were supposed to give a copy to each one.
[27:02.480 --> 27:06.480]  Now, is that nitpicking or what?
[27:06.480 --> 27:10.480]  So they sued based on that.
[27:10.480 --> 27:21.480]  And somehow Wells Fargo or Rons let this get to the U.S. Supreme.
[27:21.480 --> 27:26.480]  And the U.S. Supreme just handed them their hat.
[27:26.480 --> 27:34.480]  They'd kick their behinds over a suit that should never have got there.
[27:34.480 --> 27:39.480]  They should have sat down with these people and said, let's make a deal, let's make this go away, but they didn't.
[27:39.480 --> 27:43.480]  This is what you want to put them in a position of.
[27:43.480 --> 27:53.480]  What if the no good rotten supreme when they get their rules against us, then we're screwed?
[27:53.480 --> 28:03.480]  So give us a reason that we can give you a win, not give away the farm and save face.
[28:03.480 --> 28:11.480]  So what I gave you was what I was working on when you were in jail, trying to get something to get you out of jail with.
[28:11.480 --> 28:14.480]  But you got out before I could get it done.
[28:14.480 --> 28:16.480]  It goes through the process.
[28:16.480 --> 28:19.480]  They got lots of things in there.
[28:19.480 --> 28:23.480]  They can say, oh my goodness, we made a mistake.
[28:23.480 --> 28:26.480]  We'll stipulate based on this issue.
[28:26.480 --> 28:29.480]  Then they can get rid of this suit.
[28:29.480 --> 28:35.480]  Pay us some money to get you to go away and not risk you poisoning their entire well.
[28:35.480 --> 28:37.480]  Does that make sense to the video?
[28:37.480 --> 28:39.480]  Pay us some money.
[28:39.480 --> 28:40.480]  I can't.
[28:40.480 --> 28:43.480]  I guess that's where we're getting mixed up at.
[28:43.480 --> 28:53.480]  This ain't a suit for getting paid money or this is a suit for injunction and constitutional.
[28:53.480 --> 28:59.480]  It's a constitutional challenge to statute.
[28:59.480 --> 29:04.480]  This is not something that I'm trying to get.
[29:04.480 --> 29:05.480]  Okay, okay.
[29:05.480 --> 29:09.480]  You want to do the right thing for the right reason.
[29:09.480 --> 29:18.480]  Well, because right now, because I have to get those cases turned over first before I could file for any type of money.
[29:18.480 --> 29:28.480]  So right now, I need the only thing I can do is file for injunction or a constitutional challenge.
[29:28.480 --> 29:30.480]  No, that's not the only thing you can do.
[29:30.480 --> 29:36.480]  What I sent you challenged the conviction, challenged everything.
[29:36.480 --> 29:41.480]  That was intended to get everything overturned.
[29:41.480 --> 29:47.480]  We showed due process violation after due process violation.
[29:47.480 --> 29:50.480]  Any one of which would get the whole thing thrown out.
[29:50.480 --> 29:53.480]  All of the tickets, everything that was against you.
[29:53.480 --> 29:56.480]  Give me if you want.
[29:56.480 --> 30:00.480]  So, okay.
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[30:03.480 --> 30:08.480]  In the not too distant future, you might actually reply, that's my perfume pill.
[30:08.480 --> 30:13.480]  Yes, pills, not spray bottles may soon be the way we apply scent in the future.
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[30:27.480 --> 30:29.480]  So protect your rights.
[30:29.480 --> 30:32.480]  Say no to surveillance and keep your information to yourself.
[30:32.480 --> 30:35.480]  Privacy, it's worth hanging on to.
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[31:19.480 --> 31:24.480]  But internal perfume? Hmm. I'm not sure that idea passes my sniff test.
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[33:21.480 --> 33:27.480]  Okay, we are back. Randy Kelton with the radio and we're talking to Olivier in Tennessee.
[33:27.480 --> 33:35.480]  And I guess I'm not understanding where you want to go with this suit and what your purpose is.
[33:35.480 --> 33:43.480]  Is it to fix the system or is it to fix your situation?
[33:43.480 --> 33:52.480]  It's to fix the situation, but in effect, because we're aware of how things are going,
[33:52.480 --> 34:01.480]  it can be an avenue to help fix the system, but it's for my situation,
[34:01.480 --> 34:09.480]  but it can be written up to where it addressed the problem that it has with that sector and that system
[34:09.480 --> 34:12.480]  indefinitely because you're getting it from a federal court.
[34:12.480 --> 34:16.480]  But there are rules by doing that.
[34:16.480 --> 34:26.480]  I can't because I was found guilty of those cases, I have no ground to bring them to the federal court yet
[34:26.480 --> 34:35.480]  because I got to go through all these procedures and then they'll say that I failed to exhaust all my remedies.
[34:35.480 --> 34:46.480]  So to jump past all that, we could go straight and challenging the statute on its constitutionality
[34:46.480 --> 34:52.480]  because I don't need to have the case overturned.
[34:52.480 --> 35:08.480]  I've already been found guilty. I have proof that they are practicing the rest of the needs of the statute in this manner, in this way,
[35:08.480 --> 35:12.480]  and now I'm bringing the issue towards the same thing.
[35:12.480 --> 35:15.480]  Now, that's what they do.
[35:15.480 --> 35:26.480]  So if you get a win in the federal court, then your state court cases will become void as a matter of law?
[35:26.480 --> 35:38.480]  Not yet, not yet. It will not be so, because that verdict does not stop the processes of my cases.
[35:38.480 --> 35:47.480]  My verdict is just going to tell them you're not allowed to arrest Mr. Olivier anymore if he's not in Congress.
[35:47.480 --> 35:55.480]  You're going to put an injunction on them and wait until the outcome of the case.
[35:55.480 --> 36:05.480]  But basically, the case that I read, the person had a problem with the model on their license plate
[36:05.480 --> 36:08.480]  and they required that it was put there.
[36:08.480 --> 36:13.480]  He covered it up. They arrested him, prosecuted him, gave him time.
[36:13.480 --> 36:25.480]  He went to the federal court and challenged the constitutionality of that statute, which allowed them to arrest him for doing what he did
[36:25.480 --> 36:28.480]  because he said that that's his freedom of speech.
[36:28.480 --> 36:39.480]  And it interfered with it because he didn't want that he's a Christian. He didn't want to live free or die on his property.
[36:39.480 --> 36:46.480]  So it violated his constitutional rights.
[36:46.480 --> 37:02.480]  The court ruled that, yes, it was unconstitutional and void and that he had grounds because he was not asking for the case to be turned over.
[37:02.480 --> 37:13.480]  He was charged, he was asking for an injunction and challenging the vagueness of the statute.
[37:13.480 --> 37:17.480]  The constitutionality of the application of the statute.
[37:17.480 --> 37:19.480]  Right.
[37:19.480 --> 37:33.480]  And that's where you want to go with the constitutionality of the application of the transportation code to someone who's not operating in Congress.
[37:33.480 --> 37:37.480]  Right. Not the whole code, certain parts of it.
[37:37.480 --> 37:44.480]  The first part is the driver's license, not the whole code.
[37:44.480 --> 38:01.480]  You might have a good argument on the driver's license itself because in the case that I read, the court said that the states have a vested interest and can require a license.
[38:01.480 --> 38:02.480]  Right.
[38:02.480 --> 38:21.480]  The driver, there's nothing in the rulings that say that the state can then enforce the commercial transportation code against a noncommercial driver whom they forced to get a license.
[38:21.480 --> 38:23.480]  Right.
[38:23.480 --> 38:41.480]  Well, see, I think that's where you kind of mixed it up because I've read a case where the case said that the state or the city or the state does not have the authority to license your right.
[38:41.480 --> 38:57.480]  Okay, this case law in Tennessee that's addressed that and said that they can, you'll have to get that case overturned.
[38:57.480 --> 39:05.480]  You know, you're saying a right to drive, like to drive, you're working, that's a right.
[39:05.480 --> 39:07.480]  That's also considered a right.
[39:07.480 --> 39:34.480]  Yes, I got that. Do you have a case that specifically addresses the licensing of anyone who operates a motorized vehicle or conveyance, that the state can license it for the purpose of ensuring a minimum level of confidence and knowledge of the transportation laws?
[39:34.480 --> 39:39.480]  Right, because it's an extraordinary use.
[39:39.480 --> 39:47.480]  No, you're still trying to force everything into commerce and you're only, you're not looking at all of it.
[39:47.480 --> 39:50.480]  You're looking for it to fit the way you want it to fit.
[39:50.480 --> 39:56.480]  This is what the court said.
[39:56.480 --> 40:03.480]  Yes, the state can license everybody.
[40:03.480 --> 40:05.480]  It's in the case law.
[40:05.480 --> 40:12.480]  Doesn't say, doesn't distinguish between commerce and non-commerce because that was the argument.
[40:12.480 --> 40:23.480]  They were arguing commerce and the state that they couldn't license you if you weren't in commerce and the courts have said, yes, they can.
[40:23.480 --> 40:50.480]  The case law is there and that's going to be very hard to get around. What may not be so hard to get around is because that case said they could license them for the restricted purpose of ensuring confidence and knowledge of the traffic as the rules of the road.
[40:50.480 --> 40:55.480]  But it never authorized them to enforce transportation code against them.
[40:55.480 --> 41:03.480]  They'd license them for a very focused purpose and that's all.
[41:03.480 --> 41:06.480]  You can get to the same place.
[41:06.480 --> 41:18.480]  You can argue that the state cannot enforce the transportation code against someone just because they have a license.
[41:18.480 --> 41:24.480]  Because the courts authorized you to force them to get a license when they weren't in commerce.
[41:24.480 --> 41:38.480]  And now because they have a license, that does not give you reason to believe they are in commerce and doesn't give you authority to enforce against them.
[41:38.480 --> 41:41.480]  Does that make sense?
[41:41.480 --> 41:54.480]  It makes sense if I can find a case to talk about and read it and see what they mean. But the cases that I've found clearly say different.
[41:54.480 --> 42:06.480]  Okay, they're saying you can't enforce against someone who's not in commerce.
[42:06.480 --> 42:12.480]  They're saying that they can have a requirement for a license.
[42:12.480 --> 42:16.480]  Okay, okay. You're trying to overturn that.
[42:16.480 --> 42:19.480]  Do you remember the name of that case?
[42:19.480 --> 42:24.480]  Thorter the B.
[42:24.480 --> 42:27.480]  Anyway, it's a Tennessee case that said they could license.
[42:27.480 --> 42:30.480]  So you'd have to overturn that case.
[42:30.480 --> 42:35.480]  And that's not necessarily impossible. It's just very difficult.
[42:35.480 --> 42:40.480]  I understand what you're saying, but I don't think we're making the same argument.
[42:40.480 --> 42:43.480]  Barnard and I are not making the same argument.
[42:43.480 --> 42:46.480]  He's saying that they don't have the right to do all that.
[42:46.480 --> 42:53.480]  I'm saying they do have the right to do it. They have the right to do it. They're misusing it.
[42:53.480 --> 42:55.480]  They're misusing the right. I'm not.
[42:55.480 --> 42:58.480]  How are they misusing it?
[42:58.480 --> 43:08.480]  They're misusing it because when it comes to a license, the courts have ruled that a license comes to occupation.
[43:08.480 --> 43:11.480]  It goes to occupation because the state of...
[43:11.480 --> 43:14.480]  So, okay, it sounds like you're saying...
[43:14.480 --> 43:22.480]  This sounds contradictory. You said in Barnard they can require you to have a license
[43:22.480 --> 43:25.480]  and now you're saying they can't require you to have a license.
[43:25.480 --> 43:31.480]  But Barnard was arguing that the state doesn't have the authority to make them get a license.
[43:31.480 --> 43:33.480]  That's what he's reading closely.
[43:33.480 --> 43:37.480]  And the state said yes, they can.
[43:37.480 --> 43:39.480]  Right. I agree.
[43:39.480 --> 43:49.480]  Okay, so what is your position? I'm not sure I understand the distinction.
[43:49.480 --> 43:52.480]  You got music coming up. You're music coming up.
[43:52.480 --> 43:58.480]  Okay, hang on. Randy Kelton, we'll be right back.
[44:22.480 --> 44:28.480]  If we don't have what you're looking for, we can find it.
[44:52.480 --> 45:00.480]  Saturdays 10 to 2. Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[45:00.480 --> 45:03.480]  Are you the plaintiff or defendant in a lawsuit?
[45:03.480 --> 45:10.480]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand four-CD course
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[45:15.480 --> 45:18.480]  If you have a lawyer, know what your lawyer should be doing.
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[45:38.480 --> 45:42.480]  about the principles and practices that control our American courts.
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[45:55.480 --> 46:20.480]  Or call toll-free 866-LAW-EZ.
[46:20.480 --> 46:25.480]  Okay, we are back. Randy Kelton with our radio.
[46:25.480 --> 46:31.480]  And I'm having trouble getting the distinction.
[46:31.480 --> 46:40.480]  You're arguing liberty, and that your liberty can't be licensed.
[46:40.480 --> 46:45.480]  But you're agreeing with Bonner that the state can license.
[46:45.480 --> 46:50.480]  Those are incompatible positions. I don't understand where you're going.
[46:50.480 --> 46:54.480]  Or they appear to be incompatible positions.
[46:54.480 --> 46:59.480]  Right. The state does have the right to license because we own the roads.
[46:59.480 --> 47:03.480]  We gave the state the authority to protect it for us.
[47:03.480 --> 47:08.480]  So the extraordinary use of the road is to do...
[47:08.480 --> 47:15.480]  Okay, hold on, hold on. You said the state has the right to license.
[47:15.480 --> 47:23.480]  And after reading Bonner, I'm reading that to say the state has a license to...
[47:23.480 --> 47:30.480]  has the right to license everybody. And you're not meaning that, are you?
[47:30.480 --> 47:37.480]  No, no, no. No. It's not everybody. They have the right to license.
[47:37.480 --> 47:40.480]  And when you have the power... Okay, let me clarify.
[47:40.480 --> 47:47.480]  They have the right to license those individuals who operate in commerce.
[47:47.480 --> 47:52.480]  Yes. Or they have the right to license everybody.
[47:52.480 --> 47:58.480]  They have the right to license anything that falls underneath the license regulation.
[47:58.480 --> 48:03.480]  Okay, so you're saying they only have the right to license commerce.
[48:03.480 --> 48:11.480]  And what Bonner says is they have to write to license everybody.
[48:11.480 --> 48:16.480]  Commerce or not.
[48:16.480 --> 48:19.480]  They ruled that the state had a special interest.
[48:19.480 --> 48:28.480]  And they could license non-commercial drivers to ensure competence and knowledge of the rules as I wrote.
[48:28.480 --> 48:35.480]  They could license for that limited purpose.
[48:35.480 --> 48:43.480]  So that even if they're not in commerce, they still have to have a license to show competence.
[48:43.480 --> 48:53.480]  And then the states took that to mean that even though the license was issued for a limited purpose,
[48:53.480 --> 49:01.480]  they could expand that limited purpose into the presumption of commerce.
[49:01.480 --> 49:05.480]  That's where I read it.
[49:05.480 --> 49:10.480]  We've got to reread it because I don't know where you're getting this from.
[49:10.480 --> 49:19.480]  And I read other Supreme Court cases before, like in the 1800s, and they clearly stayed out.
[49:19.480 --> 49:23.480]  They clearly stated that they're not allowed to...
[49:23.480 --> 49:28.480]  At 1800s, I mean, not good law.
[49:28.480 --> 49:30.480]  Not good law.
[49:30.480 --> 49:32.480]  You've got to look at it.
[49:32.480 --> 49:37.480]  1800s, horse and buggies.
[49:37.480 --> 49:45.480]  Horse and buggies weren't inherently horribly dangerous.
[49:45.480 --> 49:56.480]  And that's exactly where this case, the Bonner case, went to because these motor vehicles are so inherently dangerous
[49:56.480 --> 50:07.480]  that the state had a interest in preserving and protecting the safety of the public.
[50:07.480 --> 50:09.480]  And because of that, they could do this.
[50:09.480 --> 50:13.480]  The 1800 case addresses different issues.
[50:13.480 --> 50:24.480]  They can't support that in unless you can find a 1980s or above case that cites that case.
[50:24.480 --> 50:29.480]  I like cases that cite that automobiles are not inherently dangerous.
[50:29.480 --> 50:36.480]  I know the argument that you're making, but there's plenty of cases that say that automobiles are not inherently dangerous.
[50:36.480 --> 50:46.480]  What's dangerous is the use of the roles of business because it's an extraordinary use.
[50:46.480 --> 50:49.480]  Is it different?
[50:49.480 --> 50:53.480]  That sounds like a large expansion.
[50:53.480 --> 51:11.480]  From the case law, that's a huge expansion to say that automobiles are not inherently dangerous when they're not used in commerce.
[51:11.480 --> 51:22.480]  I would like to see how they get there because on the surface that doesn't make any sense.
[51:22.480 --> 51:24.480]  They're not inherently dangerous.
[51:24.480 --> 51:33.480]  If a guy runs his top sign in front of me and he's not in commerce, it's going to hurt just as bad as if he was in commerce.
[51:33.480 --> 51:35.480]  I don't understand.
[51:35.480 --> 51:39.480]  The distinction doesn't make sense.
[51:39.480 --> 51:55.480]  It's not inherently, it changes just the use of it, but from what the court said, commerce is an occupation and the cars go over the road more and frequently.
[51:55.480 --> 51:58.480]  They go over the road often and frequently.
[51:58.480 --> 52:03.480]  That is a more policing requirement.
[52:03.480 --> 52:24.480]  A commercial vehicle is more dangerous because it has more exposure, but you were making the argument that the courts ruled that non-commercial vehicles weren't inherently dangerous.
[52:24.480 --> 52:26.480]  We can't get there.
[52:26.480 --> 52:44.480]  If this is a difficult subject and the courts are not going to want to give you a ruling on this, you really have to be careful how you make your arguments and be careful of the presumptions and expansions that you use.
[52:44.480 --> 52:57.480]  I guess because when we read something, we make different understandings of it, but when I studied Barlow, they did say that, but they didn't say it in the way that you said it.
[52:57.480 --> 53:01.480]  Barlow was arguing that, hey, they don't have the right to do this.
[53:01.480 --> 53:09.480]  The motor vehicle and the language that he used was totally incorrect because once he said motor vehicle, he falls into the category.
[53:09.480 --> 53:13.480]  The automobile is not a motor vehicle.
[53:13.480 --> 53:18.480]  So you're telling that the state don't have a right to it yet?
[53:18.480 --> 53:35.480]  Okay, I would have to go back and reread the case to see if they made the ruling because he used the term motor vehicle and presumed that the use would be commercial.
[53:35.480 --> 53:37.480]  No, it's automatic.
[53:37.480 --> 53:40.480]  It's not automatic.
[53:40.480 --> 53:42.480]  Okay.
[53:42.480 --> 53:53.480]  The way I read it, it was clearly they were making a distinction between commercial use and non-commercial use.
[53:53.480 --> 54:03.480]  And then Bonner said you could license it, even if it wasn't commercial use, for a limited purpose.
[54:03.480 --> 54:07.480]  That was the crux of the ruling.
[54:07.480 --> 54:16.480]  Yes, they could license it for limited purpose to make sure the person was confident and knew the rules of the road.
[54:16.480 --> 54:22.480]  And that was a clear distinction between commercial and private.
[54:22.480 --> 54:24.480]  Commercial and non-commercial, correct?
[54:24.480 --> 54:26.480]  And non-commercial, yes.
[54:26.480 --> 54:27.480]  Right.
[54:27.480 --> 54:32.480]  Commercial, commercial, it goes up to those traffic trailers and certain...
[54:32.480 --> 54:33.480]  We got all that.
[54:33.480 --> 54:34.480]  We understand that.
[54:34.480 --> 54:38.480]  You can use your private automobile in commerce.
[54:38.480 --> 54:41.480]  You could drive a Uber and then you're in commerce.
[54:41.480 --> 54:43.480]  But that's non-commercial.
[54:43.480 --> 54:47.480]  But no, if you're driving for Uber, it's commerce.
[54:47.480 --> 54:48.480]  Yeah, but it's...
[54:48.480 --> 54:53.480]  No, you're in commerce, but it's non-commercial.
[54:53.480 --> 54:55.480]  No, it isn't non-commercial.
[54:55.480 --> 54:56.480]  It is commercial.
[54:56.480 --> 54:57.480]  Okay.
[54:57.480 --> 55:00.480]  If you're driving for Uber, you're getting paid.
[55:00.480 --> 55:01.480]  That's commercial.
[55:01.480 --> 55:07.480]  No, I understand, I understand, but it's another category.
[55:07.480 --> 55:10.480]  Like, you know, the truck, the 18 wheeler, the...
[55:10.480 --> 55:11.480]  Okay, okay.
[55:11.480 --> 55:15.480]  Then, okay, I'm still not understanding the distinction.
[55:15.480 --> 55:21.480]  I understand that you're saying that they can't license non-commercial use.
[55:21.480 --> 55:25.480]  And that's well established in law forever and they're doing it.
[55:25.480 --> 55:31.480]  But we had a lot of people fight this one and everybody's losing it.
[55:31.480 --> 55:33.480]  How are you going to fight against the...
[55:33.480 --> 55:38.480]  I've got stacks and stacks of cases on this.
[55:38.480 --> 55:39.480]  What?
[55:39.480 --> 55:40.480]  Okay.
[55:40.480 --> 55:41.480]  You're...
[55:41.480 --> 55:42.480]  Okay.
[55:42.480 --> 55:46.480]  I guess we're spending a lot of time on this and we're not making any headway.
[55:46.480 --> 55:51.480]  So I probably need to move on, but I'm trying to get the...
[55:51.480 --> 55:59.480]  The distinction you're making that looks like it has a way of getting past disasters.
[55:59.480 --> 56:04.480]  And I don't see it yet.
[56:04.480 --> 56:05.480]  Because...
[56:05.480 --> 56:06.480]  It may just...
[56:06.480 --> 56:08.480]  I may just not be understanding it.
[56:08.480 --> 56:09.480]  Yeah.
[56:09.480 --> 56:10.480]  You...
[56:10.480 --> 56:11.480]  Because you're hanging up...
[56:11.480 --> 56:14.480]  You're hanging on to the fact that you remember seeing...
[56:14.480 --> 56:16.480]  And you do a lot, Randy.
[56:16.480 --> 56:17.480]  The...
[56:17.480 --> 56:20.480]  All of your study and helping people out, you go over a lot of information.
[56:20.480 --> 56:25.480]  So if things are not going to speak out to other people, because me, I had a lot of time to sit here
[56:25.480 --> 56:32.480]  and look at it and compare and figure out what they're trying to say or what's actually being said.
[56:32.480 --> 56:34.480]  And with that information, you just...
[56:34.480 --> 56:38.480]  We just ain't got time enough to sit down and get together and say...
[56:38.480 --> 56:39.480]  Yeah.
[56:39.480 --> 56:42.480]  See clearly where I'm going.
[56:42.480 --> 56:43.480]  Okay.
[56:43.480 --> 56:45.480]  That was when I was trying to get sorted out.
[56:45.480 --> 56:53.480]  And you're right, you clearly studied these cases close.
[56:53.480 --> 56:54.480]  Okay.
[56:54.480 --> 56:56.480]  Let's pick this up another time.
[56:56.480 --> 56:57.480]  All right.
[56:57.480 --> 57:00.480]  I'm getting up on the last hour and I've got one caller left.
[57:00.480 --> 57:03.480]  Charlene's been waiting for me for a long time.
[57:03.480 --> 57:05.480]  I missed her last week.
[57:05.480 --> 57:06.480]  Okay.
[57:06.480 --> 57:07.480]  Okay.
[57:07.480 --> 57:11.480]  Thank you for calling Olivier.
[57:11.480 --> 57:20.480]  And by the way, I'm in Tennessee now, so maybe we can have lunch or something before you move out of state.
[57:20.480 --> 57:22.480]  Okay.
[57:22.480 --> 57:24.480]  Now we're going to go to Charlene in New York.
[57:24.480 --> 57:27.480]  Hello, Charlene.
[57:27.480 --> 57:28.480]  Hello, Randy.
[57:28.480 --> 57:29.480]  How are you?
[57:29.480 --> 57:34.480]  I am good.
[57:34.480 --> 57:35.480]  Okay.
[57:35.480 --> 57:37.480]  What do you have for us today?
[57:37.480 --> 57:46.480]  Yes, so I don't know where to start, but I don't know if you received it, but I have sent an email, a couple of emails to you.
[57:46.480 --> 57:56.480]  I received emails and I received this huge stack of documents and no way I'm going through all those documents.
[57:56.480 --> 58:02.480]  It would take me a week to go through all those documents and figure out what they all are.
[58:02.480 --> 58:06.480]  And I do not have that kind of time.
[58:06.480 --> 58:15.480]  That's why I asked for all the documents in a scanned format and with a special naming convention.
[58:15.480 --> 58:21.480]  Because that sorts them out and organizes them so that I can go through them and make sense of them.
[58:21.480 --> 58:31.480]  But when I've got an inch and a half stack of documents, it would take me two or three days to go through.
[58:31.480 --> 58:42.480]  You have to study each document to figure out what it is and then get them all put in place where they go with the overall scheme of things.
[58:42.480 --> 58:47.480]  And yours not only has that, that was just the closing documents.
[58:47.480 --> 58:50.480]  That didn't count all of these.
[58:50.480 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 59:00.480]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
[59:00.480 --> 59:05.480]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:05.480 --> 59:12.480]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:12.480 --> 59:17.480]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:17.480 --> 59:27.480]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.480 --> 59:40.480]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.480 --> 59:44.480]  That's 888-551-0102.
[59:44.480 --> 59:49.480]  Or visit us online at bfa.org.
[59:49.480 --> 59:59.480]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:19.480 --> 01:00:48.480]  Today in history, the year 1525, the last Aztec emperor of Cuauhtémoc, or Cuauhtémocin, as he was also called, was executed at the order of Conquistador Hernán Cortés, the execution of the last Aztec king today in history.
[01:00:48.480 --> 01:01:00.480]  In recent news, Oakland Mayor Libby Schaeff apparently alerted residents that she expected immigration and cousin enforcement agents to be doing local sweeps, urging those in the country illegally to take precautions.
[01:01:00.480 --> 01:01:09.480]  Oakland's one of the many California cities that have declared themselves sanctuary city for those immigrants that are here illegally, with many officials vowing to resist President Trump's legal immigration enforcement.
[01:01:09.480 --> 01:01:16.480]  ICE agents were able to make more than 150 arrests during the federal sweeps in spite of the mayor's efforts to the contrary over the weekend.
[01:01:16.480 --> 01:01:21.480]  ICE's acting director Thomas D. Holman had some stern words for Mayor Schaeff.
[01:01:21.480 --> 01:01:35.480]  Quote, the Oakland Mayor's decision to politicize her suspicions about ICE operations further increased the risk for my officers and alerted criminal aliens, making clear that this reckless decision was based on her political agenda with the very federal laws that ICE has sworn to uphold.
[01:01:35.480 --> 01:01:43.480]  Schaeff, on the other hand, stood by her decision, quote, my statement on Saturday was meant to give all residents time to learn about their rights and know their legal options.
[01:01:43.480 --> 01:01:53.480]  I do not regret sharing this information. It is Oakland's legal right to be a sanctuary city and we have not broken any laws. We believe our community is safer when our families stay together.
[01:01:53.480 --> 01:02:07.480]  About half of over the 150 those who were arrested over the weekend have criminal convictions according to the agency, with 864 immigrants with criminal backgrounds still being at large, despite the efforts of ICE raids on Stockton, Sacramento, San Francisco and Bay Point.
[01:02:07.480 --> 01:02:16.480]  Only time will tell if tensions between sanctuary cities and the federal government escalate to the point of federal funds being cut to these federally non-compliant cities.
[01:02:16.480 --> 01:02:26.480]  During a Reddit Ask Me Anything session on Tuesday, Microsoft co-founder Bill Gates explained why he thinks cryptocurrencies, not all advocates are cracking it out to be.
[01:02:26.480 --> 01:02:36.480]  He stated that, quote, the main feature of cryptocurrencies is their anonymity. The government's ability to find money laundering and tax evasion and terrorist funding is a good thing.
[01:02:36.480 --> 01:02:45.480]  Right now, cryptocurrencies are used for buying fentanyl and other drugs, so it is a rare technology that has caused deaths in a fairly direct way.
[01:02:45.480 --> 01:02:52.480]  By that logic, I wonder if Bill Gates considers Microsoft responsible for the litany of crimes committed on their operating systems.
[01:02:52.480 --> 01:03:07.480]  This was Rick Brody with your lowdown for February 28th, 2018.
[01:03:22.480 --> 01:03:39.480]  Okay, we are back. Randy Kelton, Rula Radio, and we're talking to Charlene in New York.
[01:03:39.480 --> 01:03:45.480]  Okay, Charlene, what is the current condition of the mortgage?
[01:03:45.480 --> 01:04:04.480]  Okay, so basically we received an order of reference, a Supreme Court order of reference from the bank, basically that they're going to go forth with auction on the home.
[01:04:04.480 --> 01:04:19.480]  And basically the foreclosure, we were informed that the foreclosure was put on hold because they did not serve it correctly. And they missed, I think it was, it was, it didn't, it was supposed to be 90 days, it was a certain step that they didn't...
[01:04:19.480 --> 01:04:25.480]  Okay, hold on, hold on, you're using pronouns, they. Who does they refer to?
[01:04:25.480 --> 01:04:29.480]  Oh, US Bank.
[01:04:29.480 --> 01:04:38.480]  Okay, so US Bank didn't act. Okay, say that again so I'm done.
[01:04:38.480 --> 01:04:39.480]  Get to position.
[01:04:39.480 --> 01:04:52.480]  So US Bank, yes, US Bank did not serve us correctly. So the foreclosure was put on hold. There was a sale for November 2017.
[01:04:52.480 --> 01:04:58.480]  But it was put on hold because they did not draft it properly. They did not serve us properly.
[01:04:58.480 --> 01:05:09.480]  Okay, hold on. This is a notice to vacate or was it the suit for foreclosure?
[01:05:09.480 --> 01:05:18.480]  Yes, it was the suit for foreclosure. It was a suit for foreclosure. Then they said it was an order of reference. When I went to a lawyer, the title is an order of reference.
[01:05:18.480 --> 01:05:21.480]  So I was confused. I didn't know which one.
[01:05:21.480 --> 01:05:25.480]  Yeah, I've never heard of an order of reference.
[01:05:25.480 --> 01:05:31.480]  And I've got a New York case I kept in court for seven years.
[01:05:31.480 --> 01:05:39.480]  And I've never heard of an order of reference.
[01:05:39.480 --> 01:05:45.480]  Okay, so anyway, so it looks like they're going to overturn the foreclosure.
[01:05:45.480 --> 01:05:57.480]  Yes, yes, yes, they are. They are. That's basically what I was informed when I went to visit a lawyer for our complication just to find out what the status.
[01:05:57.480 --> 01:06:06.480]  So we, they basically, well, the lawyer asked if we opposed basically if we answered the complaint and we did answer.
[01:06:06.480 --> 01:06:19.480]  We filed a stipulation when we received the complaint in November and with that it was a, I guess they called it an opposition to affidavit.
[01:06:19.480 --> 01:06:24.480]  Affidavit of opposition. I'm giving it an overview.
[01:06:24.480 --> 01:06:33.480]  But basically the judge ignored it because it wasn't done properly. The housing lawyer did not do it correctly.
[01:06:33.480 --> 01:06:36.480]  So they basically threw out.
[01:06:36.480 --> 01:06:39.480]  Okay, housing lawyer.
[01:06:39.480 --> 01:06:41.480]  Yes.
[01:06:41.480 --> 01:06:44.480]  What's that mean?
[01:06:44.480 --> 01:06:48.480]  The Pobono lawyers of the Supreme Court.
[01:06:48.480 --> 01:06:50.480]  Oh, okay.
[01:06:50.480 --> 01:07:00.480]  Well, yes. I just, I don't know the correct, correct title that gives them, but they're not like New York legal assistance group.
[01:07:00.480 --> 01:07:04.480]  Okay, so that was your attorney?
[01:07:04.480 --> 01:07:05.480]  Yes, yes.
[01:07:05.480 --> 01:07:08.480]  Okay, yes.
[01:07:08.480 --> 01:07:13.480]  So what's the situation now?
[01:07:13.480 --> 01:07:23.480]  They're just going to, once they serve, they have to redo everything over as far as how they served us.
[01:07:23.480 --> 01:07:26.480]  And they're going to go forth with the foreclosure.
[01:07:26.480 --> 01:07:28.480]  So I was informed.
[01:07:28.480 --> 01:07:33.480]  Wait a minute. That doesn't make sense.
[01:07:33.480 --> 01:07:39.480]  They served us the original suit for foreclosure that's already been ruled on.
[01:07:39.480 --> 01:07:43.480]  The judge said it wasn't properly served.
[01:07:43.480 --> 01:07:54.480]  So did you get noticed so that you were able to defend yourself against the foreclosure?
[01:07:54.480 --> 01:07:56.480]  Did we get noticed?
[01:07:56.480 --> 01:08:02.480]  Yeah, did you know that they were foreclosing on you?
[01:08:02.480 --> 01:08:04.480]  Yes, yes.
[01:08:04.480 --> 01:08:09.480]  Were you able to file documents in your own defense?
[01:08:09.480 --> 01:08:11.480]  Yes, we were. Yes, those documents.
[01:08:11.480 --> 01:08:23.480]  Okay, so, okay. Now it makes sense because the court's going to say, while you didn't get proper notice, you did have substantive notice because you made an appearance.
[01:08:23.480 --> 01:08:28.480]  Generally, once you make an appearance, then you waive notice.
[01:08:28.480 --> 01:08:33.480]  So that's why they didn't overturn the foreclosure.
[01:08:33.480 --> 01:08:38.480]  Okay, have you appealed on the foreclosure?
[01:08:38.480 --> 01:08:41.480]  Okay, yeah, that's what I wanted to ask you about.
[01:08:41.480 --> 01:08:54.480]  I don't believe, I don't know, we did not appeal on it. I was just confused because I know we filed a stipulation for an extension of time to answer and we basically...
[01:08:54.480 --> 01:08:59.480]  Wait a minute, hold on. To answer what?
[01:08:59.480 --> 01:09:04.480]  The complaint that we received in November, the audit...
[01:09:04.480 --> 01:09:23.480]  Oh, okay, then you haven't had a foreclosure adjudication. They've just...the bank has filed for a foreclosure order. Have they received an order? Has the judge ruled against you yet?
[01:09:23.480 --> 01:09:27.480]  That's where I assume that they have because...
[01:09:27.480 --> 01:09:32.480]  Okay, wait a minute, wait a minute. You clearly do not understand what's going on.
[01:09:32.480 --> 01:09:34.480]  You know, I don't...
[01:09:34.480 --> 01:09:40.480]  In New York is a mortgage state. It's not a deed of trust state.
[01:09:40.480 --> 01:09:52.480]  So the lender has to sue you for foreclosure and get a judge to grant him the bank acclaim against your property.
[01:09:52.480 --> 01:09:57.480]  In a deed of trust state, you have a confessed judgment.
[01:09:57.480 --> 01:10:04.480]  You can just go straight to foreclosure, but in New York, they have to sue you for foreclosure in the courts.
[01:10:04.480 --> 01:10:11.480]  They will file the suit, then you have a certain amount of time to answer.
[01:10:11.480 --> 01:10:20.480]  And if I understand what's going on here is they filed the suit, you didn't answer in time.
[01:10:20.480 --> 01:10:33.480]  If they got a default judgment, you came back and argued lack of proper service and 75% of all default judgments are overturned for lack of proper service.
[01:10:33.480 --> 01:10:40.480]  So they overturned the default judgment for lack of proper service and now you're back in court.
[01:10:40.480 --> 01:10:43.480]  Now they have to adjudicate the issue.
[01:10:43.480 --> 01:10:49.480]  Now they go through the suit. Now you have opportunity to fight this thing.
[01:10:49.480 --> 01:10:53.480]  Do you have counsel?
[01:10:53.480 --> 01:10:56.480]  No.
[01:10:56.480 --> 01:11:00.480]  You need counsel.
[01:11:00.480 --> 01:11:10.480]  I've tried to help you in the past, but this issue is tied up with you and your brothers and sisters and a whole bunch of people.
[01:11:10.480 --> 01:11:18.480]  There's nothing I could do. You couldn't get agreement on all these people. You're going to need a lawyer to do this.
[01:11:18.480 --> 01:11:22.480]  But if you have questions, I can answer your questions.
[01:11:22.480 --> 01:11:40.480]  Yes, that's where I did have a question that's been burning, but because we filed a stipulation against this complaint, but it basically shows up that we did not file an answer to the complaint or appear in...
[01:11:40.480 --> 01:11:44.480]  Okay, well that went to lack of proper service.
[01:11:44.480 --> 01:11:51.480]  And it sounds like that was ruled in your favor. Now you have to file an answer.
[01:11:51.480 --> 01:12:02.480]  Oh, wait a minute. I'm sorry. Can you take a step back? I'm just a little... I lost that point.
[01:12:02.480 --> 01:12:05.480]  Okay, go ahead. Step back.
[01:12:05.480 --> 01:12:25.480]  Yes, because I did... I heard what you said, but I just... I got a little confused, slightly. You said it went in our favor. Not exactly, because basically we were told that they won, the bank won, basically.
[01:12:25.480 --> 01:12:30.480]  So they were granted a foreclosure order?
[01:12:30.480 --> 01:12:32.480]  Yes.
[01:12:32.480 --> 01:12:39.480]  Okay, and how long ago were they granted the foreclosure order?
[01:12:39.480 --> 01:12:44.480]  January 16th.
[01:12:44.480 --> 01:12:50.480]  You are out of time.
[01:12:50.480 --> 01:13:03.480]  I would have filed a notice of appeal and kept it in court for another three to five years, but with no notice of appeal, you're out of time.
[01:13:03.480 --> 01:13:11.480]  Can't fight it if you don't make the deadlines.
[01:13:11.480 --> 01:13:14.480]  Right.
[01:13:14.480 --> 01:13:22.480]  This is someone who at least kind of sort of understands what's going on.
[01:13:22.480 --> 01:13:27.480]  It appears as though nobody there has a clue as to what's going on.
[01:13:27.480 --> 01:13:33.480]  If you can't... If you don't have any idea what's going on, you've got to have a counsel.
[01:13:33.480 --> 01:13:44.480]  I've been trying to help you for two or three years now, and I can't help, because nobody has any idea what's going on, and nobody can agree to anything.
[01:13:44.480 --> 01:13:53.480]  So you're paralyzed, and the bank's just going to walk through and take it.
[01:13:53.480 --> 01:14:11.480]  Maybe right now, maybe too late for counsel, because you haven't protected your rights. You didn't get a notice of appeal, so you're pretty well stuck.
[01:14:11.480 --> 01:14:15.480]  Okay.
[01:14:15.480 --> 01:14:23.480]  I hate that that's the case. I've tried for a long time to get something going, and...
[01:14:23.480 --> 01:14:33.480]  Yeah, I know.
[01:14:33.480 --> 01:14:48.480]  That I don't know what to tell you at this point. I still don't have enough information in a way I can work with. I could probably find something where you could file suit against the bank and ask for a restraining order, but it's complex.
[01:14:48.480 --> 01:14:51.480]  Right.
[01:14:51.480 --> 01:15:10.480]  The problem is, is you have too many people in the mix, and you have people who appear to have absolutely no interest whatsoever, who have a say as to whether or not you can do anything, and that's an impossible situation.
[01:15:10.480 --> 01:15:21.480]  In order to fight this, this is a big fight, because you've got big banks with big money, and you have to have somebody who's willing to fight, and I don't see it in your case.
[01:15:21.480 --> 01:15:30.480]  I'm the only one, yeah. Exactly. I'm the only one that's willing to, but I can't do it alone.
[01:15:30.480 --> 01:15:46.480]  There's things you can't do, and this has been one that was frustrating for me because I'm seeing this happening, and there was a lot you could have done, but nothing happened.
[01:15:46.480 --> 01:15:52.480]  And at this point, I don't know how to help.
[01:15:52.480 --> 01:16:08.480]  Okay, well, thank you. Well, okay, well, I do know how to help, but I mean, I'd have to drop my life and spend the next two or three months going through all this and sorting it all out, and I can't do that.
[01:16:08.480 --> 01:16:18.480]  Do you talk to a lawyer? There's things you can do. You can hold them off for a long time.
[01:16:18.480 --> 01:16:25.480]  Are your parents living in this property? No, my parents passed away.
[01:16:25.480 --> 01:16:34.480]  So is the property producing income? No, it's not.
[01:16:34.480 --> 01:16:41.480]  Oh, is there any reason why it hasn't been rented or leased?
[01:16:41.480 --> 01:16:45.480]  It needs a lot of repair.
[01:16:45.480 --> 01:17:00.480]  Okay, okay, hang on, hang on, back to a little break. Randy Kelton, Roova Radio, we'll be right back.
[01:17:00.480 --> 01:17:13.480]  I love logos. Without the shows on this network, I'd be almost as ignorant as my friend. I'm so addicted to the truth now that there's no going back. I need my truth pick. I'd be lost without logos, and I really want to help keep this network on the air.
[01:17:13.480 --> 01:17:22.480]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't have any money to give because I spent it all on supplements. How can I help logos?
[01:17:22.480 --> 01:17:31.480]  Well, I'm glad you asked. Whenever you order anything from Amazon, you can help logos. You can order them in your supplies or holiday gifts. First thing you do is clear your cookies.
[01:17:31.480 --> 01:17:43.480]  Now, go to LogosRadioNetwork.com. Get on the Amazon logo and bookmark it. Now, when you order anything from Amazon, you use that link and Logos gets a few pesos.
[01:17:43.480 --> 01:17:50.480]  Do I pay extra? No. Do you have to do anything different when I order? No. Can I use my Amazon pride? No. I mean yes.
[01:17:50.480 --> 01:18:00.480]  Wow. Giving without doing anything or spending any money. This is perfect. Thank you so much. We are welcome. Happy holidays, logos.
[01:18:00.480 --> 01:18:09.480]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael Mearris Proven Method.
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[01:18:49.480 --> 01:19:00.480]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
[01:19:00.480 --> 01:19:10.480]  This is the Logos for Logos Radio Network.
[01:19:10.480 --> 01:19:26.480]  Oh, come on.
[01:19:26.480 --> 01:19:35.480]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Charlene in New York.
[01:19:35.480 --> 01:19:42.480]  And, okay, if I'm understanding this right, this was your parents' property and they passed away.
[01:19:42.480 --> 01:19:52.480]  And your brothers and sisters don't feel like the property is really worth preserving. Am I correct?
[01:19:52.480 --> 01:19:56.480]  Yes, yes you are. It's just me and my brother.
[01:19:56.480 --> 01:20:01.480]  Okay, I have a question. Where is this property at?
[01:20:01.480 --> 01:20:05.480]  Is it in New York City or is it out in the state?
[01:20:05.480 --> 01:20:09.480]  In the city, New York City. It's in New York City.
[01:20:09.480 --> 01:20:14.480]  I would think that a property in New York City could produce some pretty serious income.
[01:20:14.480 --> 01:20:25.480]  Now, the reason I ask that is I have some friends out in western New York and Pastor Massad, he does Truth Radio.
[01:20:25.480 --> 01:20:33.480]  I do a show with him on Monday night. He's near Ithaca.
[01:20:33.480 --> 01:20:44.480]  And a guy offered to give him a three-story building that backed up to the Canadian River.
[01:20:44.480 --> 01:20:47.480]  The back of the property dropped right off in the river.
[01:20:47.480 --> 01:20:50.480]  Offered to give it to it.
[01:20:50.480 --> 01:20:55.480]  But it would cost $30,000 to renovate it and get it livable.
[01:20:55.480 --> 01:21:05.480]  And he said it just wouldn't worth it. The properties in New York or out in the state have gotten so cheap
[01:21:05.480 --> 01:21:09.480]  because so many people are moving out of New York that they're almost worthless.
[01:21:09.480 --> 01:21:16.480]  But I would think that inside New York City they could generate a pretty decent income.
[01:21:16.480 --> 01:21:23.480]  Yes, yes. A lot of people rent their houses out and also live in New York City.
[01:21:23.480 --> 01:21:27.480]  What would it take to renovate the property?
[01:21:27.480 --> 01:21:35.480]  Well, for starters, it would need, of course, painting.
[01:21:35.480 --> 01:21:38.480]  It would need an upgraded electricity.
[01:21:38.480 --> 01:21:45.480]  There's a lot of things. The water, when it rains, the basement floods a lot.
[01:21:45.480 --> 01:21:55.480]  It would need a lot of layers, such as a section where there's raccoons that, you know,
[01:21:55.480 --> 01:22:00.480]  are eaten toward the roof. I mean, it's livable, but as far as renting it out,
[01:22:00.480 --> 01:22:03.480]  it would need definitely a lot of work.
[01:22:03.480 --> 01:22:11.480]  Electricity to redo. Is it a one-story house?
[01:22:11.480 --> 01:22:15.480]  No, it's a three-story house, a three-story house.
[01:22:15.480 --> 01:22:22.480]  A three-story house would probably, if you redid the whole thing, it'd probably be 18 to 20,000.
[01:22:22.480 --> 01:22:29.480]  The new roof, depending on the size, is going to be 12 to 15,000.
[01:22:29.480 --> 01:22:34.480]  You couldn't recover that. What I was doing a calculation on,
[01:22:34.480 --> 01:22:42.480]  if you could keep the bank at bay for five to seven years, could you fix up the property
[01:22:42.480 --> 01:22:46.480]  and rent it out and recover this money?
[01:22:46.480 --> 01:22:52.480]  What could you rent out that property for, if, say, it's three-story,
[01:22:52.480 --> 01:22:56.480]  is it three apartment or just three-story?
[01:22:56.480 --> 01:23:02.480]  Well, yeah, the two other stories are basically like apartment spaces.
[01:23:02.480 --> 01:23:05.480]  They don't have a kitchen, but it's very roomy.
[01:23:05.480 --> 01:23:13.480]  It's two rooms in a full-size bathroom, lots of closet space.
[01:23:13.480 --> 01:23:18.480]  What would they rent for? Approximately?
[01:23:18.480 --> 01:23:20.480]  For the amount.
[01:23:20.480 --> 01:23:21.480]  Yeah.
[01:23:21.480 --> 01:23:27.480]  For New York City, it can go easily for $2,500 a month.
[01:23:27.480 --> 01:23:32.480]  Okay, so you're looking at $5,000 a month income on the property.
[01:23:32.480 --> 01:23:37.480]  If you put, say, $30,000 in it, the problem is,
[01:23:37.480 --> 01:23:44.480]  if it's in foreclosure, you can't get a loan against it.
[01:23:44.480 --> 01:23:50.480]  So if you upgraded it, it would come out of your own pocket.
[01:23:50.480 --> 01:23:59.480]  And in my experience, you don't win foreclosure suits, you can just hold them off.
[01:23:59.480 --> 01:24:06.480]  I'm going to suggest that the property is not worth what you're trying to preserve.
[01:24:06.480 --> 01:24:13.480]  You would probably be better off just walking away.
[01:24:13.480 --> 01:24:15.480]  Wow.
[01:24:15.480 --> 01:24:23.480]  The dollars and cents, the dollars won't add up.
[01:24:23.480 --> 01:24:34.480]  What would it sell for if it was a fair market value, if it was in good shape?
[01:24:34.480 --> 01:24:36.480]  Oh, okay.
[01:24:36.480 --> 01:24:42.480]  I see where you are going.
[01:24:42.480 --> 01:24:48.480]  You've already lost the foreclosure sale, so you could hold them off,
[01:24:48.480 --> 01:24:50.480]  but you're not going to win this in the end.
[01:24:50.480 --> 01:24:55.480]  So you could have fixed it up and been releasing it out.
[01:24:55.480 --> 01:24:57.480]  You could have kept them away.
[01:24:57.480 --> 01:25:00.480]  Oh, I kept them one, seven years.
[01:25:00.480 --> 01:25:08.480]  And you could have been bringing in $5,000 for seven years while you're holding the bank off.
[01:25:08.480 --> 01:25:12.480]  But that time's already too short now.
[01:25:12.480 --> 01:25:19.480]  I don't see anywhere you could come out even if you want.
[01:25:19.480 --> 01:25:20.480]  All right.
[01:25:20.480 --> 01:25:21.480]  So, I agree.
[01:25:21.480 --> 01:25:22.480]  Okay.
[01:25:22.480 --> 01:25:30.480]  Oh, my, my duty to move along, my call board's filled up, and I've only got a couple of segments left.
[01:25:30.480 --> 01:25:35.480]  I'm sorry I can't give you a better outcome.
[01:25:35.480 --> 01:25:38.480]  Thank you very much.
[01:25:38.480 --> 01:25:40.480]  You are welcome.
[01:25:40.480 --> 01:25:41.480]  Okay.
[01:25:41.480 --> 01:25:46.480]  Now we're going to someone in Texas.
[01:25:46.480 --> 01:25:50.480]  You're on screen.
[01:25:50.480 --> 01:25:52.480]  If you're in Texas, speak up.
[01:25:52.480 --> 01:25:54.480]  I've only got one Texas on the board.
[01:25:54.480 --> 01:25:56.480]  My name is Scott.
[01:25:56.480 --> 01:25:57.480]  Scott.
[01:25:57.480 --> 01:25:58.480]  Okay.
[01:25:58.480 --> 01:25:59.480]  Yes.
[01:25:59.480 --> 01:26:00.480]  940.
[01:26:00.480 --> 01:26:04.480]  That means you're up in the North to Fort Worth area?
[01:26:04.480 --> 01:26:05.480]  That's correct.
[01:26:05.480 --> 01:26:08.480]  I'm up in Denton, Texas area.
[01:26:08.480 --> 01:26:09.480]  Oh, Denton.
[01:26:09.480 --> 01:26:10.480]  Okay.
[01:26:10.480 --> 01:26:13.480]  It's been a long time since I saw Denton.
[01:26:13.480 --> 01:26:18.480]  I have a friend who got a job at the Was County Sheriff's Department.
[01:26:18.480 --> 01:26:24.480]  But before she could go to work there, she had to go to Denton and go through a course on
[01:26:24.480 --> 01:26:27.480]  how to handle difficult people.
[01:26:27.480 --> 01:26:31.480]  And they use this guy as an example.
[01:26:31.480 --> 01:26:40.480]  And Cassie said, when they said my name, she said, ooh, I know that guy.
[01:26:40.480 --> 01:26:41.480]  I'm great.
[01:26:41.480 --> 01:26:43.480]  I'm kind of well known.
[01:26:43.480 --> 01:26:46.480]  I sued Denton County for $11 million.
[01:26:46.480 --> 01:26:49.480]  I sued 24 litigants, all of them public officials.
[01:26:49.480 --> 01:26:54.480]  The 12th litigant was my worst nightmare.
[01:26:54.480 --> 01:26:56.480]  Oh, that was a hoot.
[01:26:56.480 --> 01:27:01.480]  The county judge, when he appointed the district attorney to represent the suit, said, and
[01:27:01.480 --> 01:27:04.480]  who is this my worst nightmare?
[01:27:04.480 --> 01:27:10.480]  And the lawyer said, well, apparently someone introduced himself to Mr. Kelton as his worst
[01:27:10.480 --> 01:27:11.480]  nightmare.
[01:27:11.480 --> 01:27:14.480]  And the judge said, yes.
[01:27:14.480 --> 01:27:17.480]  And I have a bone to pick with him.
[01:27:17.480 --> 01:27:19.480]  Well, good.
[01:27:19.480 --> 01:27:20.480]  Okay.
[01:27:20.480 --> 01:27:23.480]  What do you have for us today?
[01:27:23.480 --> 01:27:26.480]  Well, I have three issues.
[01:27:26.480 --> 01:27:31.480]  The most immediate concern is this.
[01:27:31.480 --> 01:27:39.480]  I got issued some speeding citations a while back, and I followed the direction of someone
[01:27:39.480 --> 01:27:43.480]  who pursued a common law resolution to those.
[01:27:43.480 --> 01:27:45.480]  I dared to listen to him.
[01:27:45.480 --> 01:27:52.480]  And as a result, they ended up getting arrested because I didn't listen to good advice from
[01:27:52.480 --> 01:27:54.480]  someone who knew what they were doing.
[01:27:54.480 --> 01:28:03.480]  So I was arrested because my common law response, non-responsive response to the court was disregarded
[01:28:03.480 --> 01:28:07.480]  and eventually I got pulled over and thrown in jail.
[01:28:07.480 --> 01:28:19.480]  And so the most immediate thing is I have speeding tickets and warrants related to them.
[01:28:19.480 --> 01:28:20.480]  I was arrested.
[01:28:20.480 --> 01:28:26.480]  And so next week I am going to stand before a municipal court.
[01:28:26.480 --> 01:28:31.480]  I would like to know what resources I need to read or tell me.
[01:28:31.480 --> 01:28:32.480]  Okay.
[01:28:32.480 --> 01:28:42.480]  I have some resources and I would describe them as massive.
[01:28:42.480 --> 01:28:49.480]  And I would like nothing more than to bump the city of Denton big time.
[01:28:49.480 --> 01:28:50.480]  Okay.
[01:28:50.480 --> 01:28:52.480]  Are you in front of a computer?
[01:28:52.480 --> 01:28:54.480]  I am, sir.
[01:28:54.480 --> 01:29:03.480]  Go to trafficticket.website.
[01:29:03.480 --> 01:29:08.480]  You are going to sew like this.
[01:29:08.480 --> 01:29:09.480]  Okay.
[01:29:09.480 --> 01:29:16.480]  Trafficticket.website, there's right on the front, there are two links in red.
[01:29:16.480 --> 01:29:21.480]  And the first one goes to a input page.
[01:29:21.480 --> 01:29:28.480]  You put in the information off your ticket and it will go to a second page where you can
[01:29:28.480 --> 01:29:31.480]  download a bunch of documents.
[01:29:31.480 --> 01:29:36.480]  And it will write those documents for you, for your case.
[01:29:36.480 --> 01:29:40.480]  And all you have to do is sign them and send them.
[01:29:40.480 --> 01:29:41.480]  Okay.
[01:29:41.480 --> 01:29:47.480]  This is when it gets interesting.
[01:29:47.480 --> 01:29:57.480]  There is nothing in Texas law that authorizes a municipal police officer to enforce the
[01:29:57.480 --> 01:30:03.480]  Texas Transportation Code.
[01:30:03.480 --> 01:30:06.480]  Do violent video games heighten aggression?
[01:30:06.480 --> 01:30:09.480]  A new study measuring brain activity says they do.
[01:30:09.480 --> 01:30:14.480]  I'm Dr. Catherine Albrecht and I'll tell you about new research into violent video games
[01:30:14.480 --> 01:30:43.480]  and behavior in a moment.
[01:30:45.480 --> 01:30:47.480]  Violent video games.
[01:30:47.480 --> 01:30:52.480]  Some say they're harmless fun while others insist they make gamers aggressive.
[01:30:52.480 --> 01:30:57.480]  Now a new study finds that violent games do alter brain activity, not after years of play,
[01:30:57.480 --> 01:30:59.480]  but after one week.
[01:30:59.480 --> 01:31:04.480]  Researchers sprint male volunteers into two groups and performed MRI scans on them.
[01:31:04.480 --> 01:31:08.480]  One group played a shooting game for 10 hours over a week, the other didn't.
[01:31:08.480 --> 01:31:14.480]  Follow-up exams show that those who played the game had reduced activity in key areas of the brain
[01:31:14.480 --> 01:31:17.480]  that control emotions and aggressive behavior.
[01:31:17.480 --> 01:31:22.480]  Maybe kids should spend a little less time with villains and more time with heroes,
[01:31:22.480 --> 01:31:24.480]  like maybe their parents.
[01:31:24.480 --> 01:31:31.480]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.480 --> 01:31:37.480]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:37.480 --> 01:31:38.480]  The fire brought it down.
[01:31:38.480 --> 01:31:43.480]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.480 --> 01:31:46.480]  Over 6,000 of my fellow service members have given their lives
[01:31:46.480 --> 01:31:49.480]  and thousands of my fellow force responders are dying.
[01:31:49.480 --> 01:31:50.480]  I'm not a conspiracy theorist.
[01:31:50.480 --> 01:31:51.480]  I'm a structural engineer.
[01:31:51.480 --> 01:31:52.480]  I'm a New York City correction officer.
[01:31:52.480 --> 01:31:53.480]  I'm an Air Force pilot.
[01:31:53.480 --> 01:31:55.480]  I'm the father who lost his son.
[01:31:55.480 --> 01:31:58.480]  We're Americans and we deserve the truth.
[01:31:58.480 --> 01:32:01.480]  Go to RememberBuilding7.org today.
[01:32:01.480 --> 01:32:03.480]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:03.480 --> 01:32:06.480]  Did your home receive hail or wind damage from the recent storms?
[01:32:06.480 --> 01:32:09.480]  Come on, we all know the government caused it with their chemtrails,
[01:32:09.480 --> 01:32:11.480]  but good luck getting them to pay for it.
[01:32:11.480 --> 01:32:13.480]  Okay, I might be kidding about the chemtrails,
[01:32:13.480 --> 01:32:14.480]  but I'm serious about your roof.
[01:32:14.480 --> 01:32:17.480]  That's why you have insurance and Hill Country Home Improvements
[01:32:17.480 --> 01:32:21.480]  can handle the claim for you with little to no out-of-pocket expense.
[01:32:21.480 --> 01:32:24.480]  And we accept Bitcoin as a multi-year A-plus member
[01:32:24.480 --> 01:32:27.480]  of the Better Business Bureau with zero complaints.
[01:32:27.480 --> 01:32:30.480]  You can trust Hill Country Home Improvements to handle your claim
[01:32:30.480 --> 01:32:32.480]  and your roof right the first time.
[01:32:32.480 --> 01:32:38.480]  Just call 512-992-8745 or go to hillcountryhomeimprovements.com.
[01:32:38.480 --> 01:32:40.480]  Mention the crypto show and get $100 off,
[01:32:40.480 --> 01:32:43.480]  and we'll donate another $100 to the Logos Radio Network
[01:32:43.480 --> 01:32:45.480]  to help continue this programming.
[01:32:45.480 --> 01:32:48.480]  So if those out-of-town roofers come knocking,
[01:32:48.480 --> 01:32:50.480]  your door should be locked in.
[01:32:50.480 --> 01:32:56.480]  That's 512-992-8745 or hillcountryhomeimprovements.com.
[01:32:56.480 --> 01:32:58.480]  Discounts are based on full roof replacement.
[01:32:58.480 --> 01:33:02.480]  I mean, I actually be kidding about chemtrails.
[01:33:29.480 --> 01:33:34.480]  Okay, we are back.
[01:33:34.480 --> 01:33:39.480]  Randy Kelton, rule of law radio, and we're talking to...
[01:33:39.480 --> 01:33:41.480]  Wait a minute.
[01:33:41.480 --> 01:33:44.480]  I'm talking to Scott and Den.
[01:33:44.480 --> 01:33:46.480]  Scott and Den.
[01:33:46.480 --> 01:33:48.480]  Okay.
[01:33:48.480 --> 01:33:52.480]  I have read everything that you just told me about.
[01:33:52.480 --> 01:33:55.480]  I've read every single one of those documents,
[01:33:55.480 --> 01:33:59.480]  and I just had one question about one of them,
[01:33:59.480 --> 01:34:03.480]  and then one question about how do I submit them
[01:34:03.480 --> 01:34:05.480]  when I show up in the court?
[01:34:05.480 --> 01:34:07.480]  Okay, okay.
[01:34:07.480 --> 01:34:09.480]  My bad.
[01:34:09.480 --> 01:34:11.480]  I was supposed to write up...
[01:34:11.480 --> 01:34:14.480]  I used to have a front page to each of those documents
[01:34:14.480 --> 01:34:16.480]  explaining them, and I took that off
[01:34:16.480 --> 01:34:20.480]  because it was causing me all kinds of problems.
[01:34:20.480 --> 01:34:24.480]  I need to write up an explanation on how to do these,
[01:34:24.480 --> 01:34:26.480]  and the questions are correct.
[01:34:26.480 --> 01:34:33.480]  If any document has a authentication page on it,
[01:34:33.480 --> 01:34:35.480]  then you have to take that to a notary
[01:34:35.480 --> 01:34:37.480]  and sign it in front of a notary.
[01:34:37.480 --> 01:34:43.480]  Any document you file in court that contains any statement of fact
[01:34:43.480 --> 01:34:45.480]  must be notarized.
[01:34:45.480 --> 01:34:49.480]  But documents that don't have statements of fact
[01:34:49.480 --> 01:34:53.480]  like a demand for a speedy trial,
[01:34:53.480 --> 01:34:55.480]  they don't have any facts in it,
[01:34:55.480 --> 01:34:57.480]  so you don't have to have an overwrite.
[01:34:57.480 --> 01:35:01.480]  Some have acknowledgments on them, some of them don't.
[01:35:01.480 --> 01:35:03.480]  You sign all those in front of a notary
[01:35:03.480 --> 01:35:06.480]  that have the place for that purpose.
[01:35:06.480 --> 01:35:12.480]  The T-close complaint that has an address at the top,
[01:35:12.480 --> 01:35:14.480]  it gets sent to T-close,
[01:35:14.480 --> 01:35:17.480]  and it doesn't have to be notarized or anything.
[01:35:17.480 --> 01:35:19.480]  They're going to throw it at trash.
[01:35:19.480 --> 01:35:22.480]  Anyway, but I'll explain why that's a good thing to do anyway.
[01:35:22.480 --> 01:35:26.480]  Okay, what specific questions do you have?
[01:35:26.480 --> 01:35:31.480]  Okay, Mike, one question was the certification process
[01:35:31.480 --> 01:35:34.480]  for police officers or peace officers,
[01:35:34.480 --> 01:35:36.480]  whichever one it is that I read about in,
[01:35:36.480 --> 01:35:38.480]  I think it's paragraph 644,
[01:35:38.480 --> 01:35:47.480]  it says that the certification is to pursue federal safety statutes.
[01:35:47.480 --> 01:35:50.480]  Okay, here, let me explain what that means.
[01:35:50.480 --> 01:35:53.480]  That is extremely limited.
[01:35:53.480 --> 01:35:57.480]  It only authorizes a municipal police officer,
[01:35:57.480 --> 01:36:02.480]  and they can only have one to do DOT inspections.
[01:36:02.480 --> 01:36:03.480]  Okay.
[01:36:03.480 --> 01:36:05.480]  That's it.
[01:36:05.480 --> 01:36:08.480]  There's nothing authorizing any of them
[01:36:08.480 --> 01:36:12.480]  to enforce the commercial transportation code.
[01:36:12.480 --> 01:36:17.480]  And if you will email me, randyatrudeoflawradio.com,
[01:36:17.480 --> 01:36:23.480]  I'll send you a page I have that has the statute
[01:36:23.480 --> 01:36:27.480]  that establishes speed limit signs.
[01:36:27.480 --> 01:36:36.480]  And what it says is that the state may erect speed limit signs
[01:36:36.480 --> 01:36:43.480]  for the purpose of directing commercial traffic.
[01:36:43.480 --> 01:36:45.480]  Wow.
[01:36:45.480 --> 01:36:50.480]  Oh, man, you're going to save my rear.
[01:36:50.480 --> 01:36:55.480]  Well, you know they're going to rule against you no matter what.
[01:36:55.480 --> 01:36:57.480]  No, yeah.
[01:36:57.480 --> 01:37:02.480]  But this site is about remedy.
[01:37:02.480 --> 01:37:09.480]  What I am, I am building the last pieces of this tool.
[01:37:09.480 --> 01:37:12.480]  You're going to file these in court,
[01:37:12.480 --> 01:37:16.480]  and you're going to go into the court and the judge is going to ignore them,
[01:37:16.480 --> 01:37:19.480]  and he's going to rule against them out of hand.
[01:37:19.480 --> 01:37:26.480]  And then we're going to file a request for findings of fact and conclusions at law,
[01:37:26.480 --> 01:37:29.480]  and he's going to refuse to give you one,
[01:37:29.480 --> 01:37:33.480]  and then you're going to run the routine on him.
[01:37:33.480 --> 01:37:37.480]  You go down to the district attorney
[01:37:37.480 --> 01:37:42.480]  and file a criminal complaint against the magistrate with the grand jury.
[01:37:42.480 --> 01:37:47.480]  Well, depending on who the DA is now,
[01:37:47.480 --> 01:37:50.480]  they're likely to look at the document
[01:37:50.480 --> 01:37:54.480]  and recognize the style of the document,
[01:37:54.480 --> 01:37:58.480]  because they've seen it before.
[01:37:58.480 --> 01:38:01.480]  Yeah, I boost-wacked Judge Shipman.
[01:38:01.480 --> 01:38:06.480]  They said he was the meanest, most no-count judge in the district,
[01:38:06.480 --> 01:38:08.480]  and that's the one I wanted.
[01:38:08.480 --> 01:38:11.480]  Went into his court, I'm in an old shirt,
[01:38:11.480 --> 01:38:14.480]  I've been welding in, it's got big holes in it,
[01:38:14.480 --> 01:38:17.480]  and I walked up to the bar and I pointed at the bay,
[01:38:17.480 --> 01:38:20.480]  and they said, if you come here, they hate that.
[01:38:20.480 --> 01:38:23.480]  They came over, can I help you?
[01:38:23.480 --> 01:38:25.480]  My name is Randall Kelton.
[01:38:25.480 --> 01:38:27.480]  I'm the judge and I have business with the court.
[01:38:27.480 --> 01:38:29.480]  May I tell him the nature of the business?
[01:38:29.480 --> 01:38:31.480]  No, you may not.
[01:38:31.480 --> 01:38:34.480]  I have business with the court and it's none of yours or dismissed.
[01:38:34.480 --> 01:38:40.480]  I'll sit down and the bailiff is so furious, he's shaking.
[01:38:40.480 --> 01:38:43.480]  He goes up to the judge and whisper, whisper, whisper,
[01:38:43.480 --> 01:38:45.480]  and the judge whisper, whisper back at him.
[01:38:45.480 --> 01:38:49.480]  He looks down at me and I'm sitting here holding up this red folder.
[01:38:49.480 --> 01:38:53.480]  As the judge just came hip himself, he's got to know what's in it.
[01:38:53.480 --> 01:38:55.480]  He finishes his motion hearing,
[01:38:55.480 --> 01:38:58.480]  Mr. Kelton, I understand you have business with the court.
[01:38:58.480 --> 01:39:00.480]  Yes, your Honor, I do, and I hold up this document.
[01:39:00.480 --> 01:39:02.480]  May I approach?
[01:39:02.480 --> 01:39:04.480]  And he sends the bailiff over to get the document.
[01:39:04.480 --> 01:39:06.480]  He opens it up.
[01:39:06.480 --> 01:39:09.480]  He's looking at criminal charges against the district clerk
[01:39:09.480 --> 01:39:15.480]  for failing to give criminal charges against the district attorney to the grand jury.
[01:39:15.480 --> 01:39:18.480]  Well, Mr. Kelton, these are criminal complaints.
[01:39:18.480 --> 01:39:21.480]  Yes, your Honor, as a matter of fact, they are.
[01:39:21.480 --> 01:39:26.480]  He said, Mr. Kelton, what do you want me to do with these?
[01:39:26.480 --> 01:39:30.480]  I said, well, judge, you're a high level judge
[01:39:30.480 --> 01:39:32.480]  and learned counsel.
[01:39:32.480 --> 01:39:35.480]  I figured you'd come up with something real interesting to do with them.
[01:39:35.480 --> 01:39:38.480]  He said, well, normally I'd give them to the prosecutor attorney,
[01:39:38.480 --> 01:39:41.480]  but since he's implicated, I can't do that.
[01:39:41.480 --> 01:39:43.480]  I said, yes, we gave those to the prosecutor attorney.
[01:39:43.480 --> 01:39:45.480]  I'd consider that a criminal act.
[01:39:45.480 --> 01:39:47.480]  Oh, you wouldn't, Mr. Kelton.
[01:39:47.480 --> 01:39:49.480]  Yes, your Honor, I would.
[01:39:49.480 --> 01:39:51.480]  Well, then Mr. Kelton, what do you suggest?
[01:39:51.480 --> 01:39:56.480]  He said, well, Mr. Kelton, I'll just give these to the foreman and the grand jury.
[01:39:56.480 --> 01:39:58.480]  I said, thank you very much, your Honor.
[01:39:58.480 --> 01:40:01.480]  Jerk, that's what he's supposed to do in the first place.
[01:40:01.480 --> 01:40:06.480]  And then he says, Mr. Kelton, don't you own a suit?
[01:40:06.480 --> 01:40:10.480]  I said, yes, your Honor, let's count on 35.
[01:40:10.480 --> 01:40:13.480]  Well, why aren't you wearing one in my courtroom?
[01:40:13.480 --> 01:40:17.480]  I said, well, judge, I'm here on a scruple.
[01:40:17.480 --> 01:40:19.480]  And I only got one.
[01:40:19.480 --> 01:40:22.480]  I didn't want to be confused with all these suits.
[01:40:22.480 --> 01:40:25.480]  And I pointed to lawyers sitting out there.
[01:40:25.480 --> 01:40:31.480]  They got lots of scruples, judge, and all of them for sale or rent.
[01:40:31.480 --> 01:40:35.480]  Sipman ducked his head, put his head in his head.
[01:40:35.480 --> 01:40:40.480]  He shook his head and he said, boy, I walked right into that one.
[01:40:40.480 --> 01:40:42.480]  I said, yes, your Honor, and I want to thank you.
[01:40:42.480 --> 01:40:43.480]  Oh, you do, Mr. Kelton.
[01:40:43.480 --> 01:40:45.480]  Yes, your Honor, I do.
[01:40:45.480 --> 01:40:48.480]  I've been waiting a long time to deliver that line.
[01:40:48.480 --> 01:40:50.480]  Yeah, I bet you have.
[01:40:50.480 --> 01:40:55.480]  Well, it's a long story, but I really worked them over.
[01:40:55.480 --> 01:40:58.480]  They will probably recognize the documents.
[01:40:58.480 --> 01:41:02.480]  That's part of what led to an $11 million lawsuit.
[01:41:02.480 --> 01:41:06.480]  Anyway, you file these documents and they'll ignore them.
[01:41:06.480 --> 01:41:11.480]  When they ignore them, then you file against the judge and the prosecutor.
[01:41:11.480 --> 01:41:17.480]  You file a judicial conduct complaint against the judge, a bar grievance against the prosecutor.
[01:41:17.480 --> 01:41:20.480]  And these guys will be hopping up and down.
[01:41:20.480 --> 01:41:26.480]  And you file a criminal complaint against the judge with the district attorney and he refused to act on them.
[01:41:26.480 --> 01:41:29.480]  Then you file against the district attorney with the grand jury.
[01:41:29.480 --> 01:41:32.480]  And the district attorney is likely to intercept them.
[01:41:32.480 --> 01:41:37.480]  And then you file against the district attorney with a district judge.
[01:41:37.480 --> 01:41:42.480]  And when the district judge doesn't act on it, you file against the district judge.
[01:41:42.480 --> 01:41:53.480]  And these guys will be having a set, using this process, we can shut down traffic in Texas.
[01:41:53.480 --> 01:41:59.480]  Now, this may be more fun than you can handle.
[01:41:59.480 --> 01:42:03.480]  Are you up to it?
[01:42:03.480 --> 01:42:08.480]  Oh, oh my goodness, I lost my call board.
[01:42:08.480 --> 01:42:12.480]  I'm not sure if I've lost everything.
[01:42:12.480 --> 01:42:17.480]  And my producer's not here, so I can't tell if I'm actually on the air.
[01:42:17.480 --> 01:42:21.480]  Let me see if I've my, okay, it looks like I'm on the air.
[01:42:21.480 --> 01:42:26.480]  So I've got some, something's actually going out.
[01:42:26.480 --> 01:42:27.480]  Okay.
[01:42:27.480 --> 01:42:30.480]  So anyway, sorry, I looked at, oh, there we go.
[01:42:30.480 --> 01:42:32.480]  I must be having some issues.
[01:42:32.480 --> 01:42:34.480]  Can you there?
[01:42:34.480 --> 01:42:36.480]  Yeah, some here.
[01:42:36.480 --> 01:42:40.480]  I lost my caller in Denton and I was having way too much fun.
[01:42:40.480 --> 01:42:45.480]  Because I've had so much fun kicking dentons behind.
[01:42:45.480 --> 01:42:49.480]  I got not, I got not.
[01:42:49.480 --> 01:42:51.480]  I only got only got one minute before break.
[01:42:51.480 --> 01:42:54.480]  So quickly.
[01:42:54.480 --> 01:43:00.480]  I have a problem about an injury, but I think I'll put that off until next week.
[01:43:00.480 --> 01:43:06.480]  I was listening to your earlier caller and there is an order of reference in New York.
[01:43:06.480 --> 01:43:07.480]  It's kind of weird.
[01:43:07.480 --> 01:43:10.480]  Doesn't sound like what you would think it is.
[01:43:10.480 --> 01:43:16.480]  But it says before the judge signs the foreclosure, the actual foreclosure judgment,
[01:43:16.480 --> 01:43:23.480]  he sends it to, he makes an order of reference that sends the case to a referee to add up the total amount of the plaintiff is owed.
[01:43:23.480 --> 01:43:25.480]  That includes everything.
[01:43:25.480 --> 01:43:29.480]  All charges, interest and such.
[01:43:29.480 --> 01:43:31.480]  I've never seen that.
[01:43:31.480 --> 01:43:41.480]  And I've helped, I helped a guy in Rensselaer, kept him in court, took him away to the U.S. Supreme.
[01:43:41.480 --> 01:43:45.480]  And they foreclosed on him twice.
[01:43:45.480 --> 01:43:47.480]  We got the first one thrown out.
[01:43:47.480 --> 01:43:53.480]  I've never saw that because I would have ripped him to shreds on that.
[01:43:53.480 --> 01:43:55.480]  Well, there's about eight, eight.
[01:43:55.480 --> 01:43:57.480]  Well, can I hold?
[01:43:57.480 --> 01:43:59.480]  Yeah, yeah, hang on.
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[01:46:16.480 --> 01:46:18.480]  Okay, we are back.
[01:46:18.480 --> 01:46:23.480]  Randy Kelton, rule of law radio and we're talking to Ken in New York.
[01:46:23.480 --> 01:46:26.480]  Okay, Ken, go ahead.
[01:46:26.480 --> 01:46:33.480]  And if you put in New York State and then just put an order of reference,
[01:46:33.480 --> 01:46:36.480]  there are PDFs that come up and it says,
[01:46:36.480 --> 01:46:40.480]  Passive Foreclosure in New York State Unified Court System.
[01:46:40.480 --> 01:46:45.480]  I didn't even look at that, but there's a whole piece on the subject.
[01:46:45.480 --> 01:46:47.480]  Okay, there's a thing that I do.
[01:46:47.480 --> 01:46:57.480]  I have this huge spreadsheet that I built that I put in the amounts off of the note principle
[01:46:57.480 --> 01:47:01.480]  and interest that run an amortization.
[01:47:01.480 --> 01:47:10.480]  Then I put in the amounts off of the Tuesday Lending Statement and run another amortization
[01:47:10.480 --> 01:47:12.480]  and compare them.
[01:47:12.480 --> 01:47:16.480]  In about 25% of the cases they will match.
[01:47:16.480 --> 01:47:20.480]  In 75% of the cases they don't.
[01:47:20.480 --> 01:47:29.480]  Then I run, I take the amounts off the note, the principle and interest,
[01:47:29.480 --> 01:47:32.480]  and then I go to the HUD 1 settlement statement.
[01:47:32.480 --> 01:47:36.480]  I take all of the fees that were charged on the HUD 1 settlement statement.
[01:47:36.480 --> 01:47:41.480]  And I assume they were bogus because when you sit down at closing,
[01:47:41.480 --> 01:47:45.480]  they'd give you this HUD 1 that's got all these fees on them.
[01:47:45.480 --> 01:47:52.480]  But they don't provide any documentation to show that the fees were not otherwise forbidden
[01:47:52.480 --> 01:47:54.480]  to be charged by law.
[01:47:54.480 --> 01:48:01.480]  The fees were for services actually rendered that the amounts charged were reasonable
[01:48:01.480 --> 01:48:06.480]  and that the lender did not take an undisclosed markup on the amounts charged.
[01:48:06.480 --> 01:48:10.480]  No, that's right out of the real estate settlement procedures act.
[01:48:10.480 --> 01:48:15.480]  So since they didn't provide any of that, I assume they're all bogus.
[01:48:15.480 --> 01:48:23.480]  And I subtract them from the principle as a first payment over payment.
[01:48:23.480 --> 01:48:28.480]  And then run out the mortgage and run an amortization.
[01:48:28.480 --> 01:48:39.480]  I will generally give you a claim against the lender for the amount of or more than the original mortgage.
[01:48:39.480 --> 01:48:48.480]  Because any amounts improperly overcharged are considered fraudulent and you sue for triple.
[01:48:48.480 --> 01:48:56.480]  So I come back with a claim against the lender in excess of the amount of the original principle.
[01:48:56.480 --> 01:49:04.480]  So with this order of reference, I could tear out the pieces.
[01:49:04.480 --> 01:49:15.480]  Because when they foreclose on these properties, first thing they do is they negotiate the mortgage into a trust.
[01:49:15.480 --> 01:49:22.480]  But they generally leave the lender and the lender's no longer the holder.
[01:49:22.480 --> 01:49:24.480]  They become the servicer.
[01:49:24.480 --> 01:49:26.480]  They don't always tell you that.
[01:49:26.480 --> 01:49:28.480]  But they're sitting as the servicer.
[01:49:28.480 --> 01:49:35.480]  And then when they change servicers, you'll see an assignment and it assigns the mortgage to a third party.
[01:49:35.480 --> 01:49:37.480]  That third party is not the holder.
[01:49:37.480 --> 01:49:40.480]  That third party is the servicer.
[01:49:40.480 --> 01:49:49.480]  And the important part is, is that servicer will carry no records from the original servicer.
[01:49:49.480 --> 01:49:58.480]  So whatever service you have has no payment history except for what they collected.
[01:49:58.480 --> 01:50:01.480]  So they can't go back and prove up anything.
[01:50:01.480 --> 01:50:11.480]  Regarding the lady that called before the order of reference, it also says that there is a 90-day pre-foreclosure notice
[01:50:11.480 --> 01:50:18.480]  mandatory settlement conference within 60 days from lender filing proof of service.
[01:50:18.480 --> 01:50:24.480]  And then that's when the order of reference, at that point, they mention it.
[01:50:24.480 --> 01:50:29.480]  And I'm sure the order, I'm sure the referee that's assigned isn't looking for any defects.
[01:50:29.480 --> 01:50:33.480]  He's just adding up all of the numbers that they...
[01:50:33.480 --> 01:50:39.480]  Yeah, but she could go in and challenge all those numbers.
[01:50:39.480 --> 01:50:41.480]  Yeah.
[01:50:41.480 --> 01:50:50.480]  Oh, about the other...she mentioned a skip to extend answer, didn't she?
[01:50:50.480 --> 01:50:51.480]  No.
[01:50:51.480 --> 01:51:00.480]  There was some question, there was some question of whether she didn't answer, give an answer or something like that and not present it to something.
[01:51:00.480 --> 01:51:04.480]  She gave an answer in the form of an affidavit.
[01:51:04.480 --> 01:51:12.480]  That was a problem because she didn't...filing an affidavit really doesn't constitute an answer.
[01:51:12.480 --> 01:51:15.480]  So yeah, there were questions about the answer.
[01:51:15.480 --> 01:51:16.480]  We'll go ahead.
[01:51:16.480 --> 01:51:26.480]  Well, the stipulation to extend the answer, I had gone through this when I had my medical hospital suit against me.
[01:51:26.480 --> 01:51:39.480]  And the first thing that they did when I challenged it, the state, using day again, the state of New York, was they offered me a step to extend answer for 90 days.
[01:51:39.480 --> 01:51:43.480]  But the thing that puzzled me about it was, I said, well, who files it with the court?
[01:51:43.480 --> 01:51:45.480]  Oh, we don't file it with anybody, we just keep it.
[01:51:45.480 --> 01:51:51.480]  And I immediately got suspicious, like, hold a lawyer up, and I said, what happens if they reneged on it?
[01:51:51.480 --> 01:51:58.480]  And I said, oh, no problem, you just take your stip, you sign, step them, wave it in front of a judge.
[01:51:58.480 --> 01:52:00.480]  Oh, okay.
[01:52:00.480 --> 01:52:02.480]  That's how that works, though.
[01:52:02.480 --> 01:52:09.480]  A step to extend as a private, it seems to be a private agreement, and the court's not involved in it.
[01:52:09.480 --> 01:52:12.480]  Yeah, it's kind of like discovery.
[01:52:12.480 --> 01:52:20.480]  That's private between the two parties unless one of the parties doesn't respond, then you go to the judge and ask him to order him to.
[01:52:20.480 --> 01:52:25.480]  That's interesting. I was not aware of that.
[01:52:25.480 --> 01:52:35.480]  They did live up to the agreed. There was no problem, but I got suspicious because I always thought that everything that was done had to be filed with the court.
[01:52:35.480 --> 01:52:37.480]  But apparently that's not the case.
[01:52:37.480 --> 01:52:49.480]  Yeah, and one of the things I'm suggesting to people is, you know, in foreclosures, it appears as though the courts have been bought and paid for.
[01:52:49.480 --> 01:52:55.480]  They just almost always are going to rule in the bank's favor no matter what.
[01:52:55.480 --> 01:53:01.480]  So the best we can do is come to the table and make a deal.
[01:53:01.480 --> 01:53:06.480]  Stop expecting the judges to rule in your favor. They're just not.
[01:53:06.480 --> 01:53:16.480]  So create a situation where you cost the other side so much money that you can get them to come to the table and make a deal.
[01:53:16.480 --> 01:53:23.480]  And when I help somebody with a foreclosure now, I have one primary stipulation.
[01:53:23.480 --> 01:53:36.480]  You take half of what you would pay on this mortgage and you put that in the bank every month without fail.
[01:53:36.480 --> 01:53:39.480]  This guy in Rensselaer didn't do that.
[01:53:39.480 --> 01:53:43.480]  I kept him in the house for seven years.
[01:53:43.480 --> 01:53:48.480]  $1,500 a month with this $3,000 mortgage.
[01:53:48.480 --> 01:53:52.480]  For seven years, he had had $1,500 a month.
[01:53:52.480 --> 01:54:06.480]  We could have walked into the mediation meeting and he would have laid that cash on the table and they would have dealt out and gave him the house.
[01:54:06.480 --> 01:54:13.480]  So that's what the mandatory settlement conference is that they're talking about here.
[01:54:13.480 --> 01:54:24.480]  Yeah. And the reason for mandatory is this way the lender can come to the table and not lose face.
[01:54:24.480 --> 01:54:34.480]  Like in other states where we don't have that, I ask the crew to always create a document asking the judge to order mediation.
[01:54:34.480 --> 01:54:38.480]  The judge would like to do that because they don't want to have to adjudicate this whole case.
[01:54:38.480 --> 01:54:40.480]  So they order mediation.
[01:54:40.480 --> 01:54:44.480]  Now the bank lawyer can come to the table and not lose face.
[01:54:44.480 --> 01:54:49.480]  You would think this is about law and not about losing face.
[01:54:49.480 --> 01:54:57.480]  But in the real world we live in, this lawyer, it does not intend to lose to some two-bit pro se chump.
[01:54:57.480 --> 01:55:04.480]  But now he can say, I didn't have any choice. I was ordered to mediation. They made a deal we could live with.
[01:55:04.480 --> 01:55:08.480]  So put half your payment in the bank every month.
[01:55:08.480 --> 01:55:18.480]  If you can't put half your payment in the bank every month, I can't save your home because you can't even pay the taxes on it.
[01:55:18.480 --> 01:55:29.480]  So if you can, I'll hold them off for six, seven years. You go to the table, make a deal, pay them off. Everybody goes home happy.
[01:55:29.480 --> 01:55:36.480]  Well, I haven't forgotten what we talked about almost four or five months ago.
[01:55:36.480 --> 01:55:44.480]  It's just that I've sustained an injury from a foot doctor. And are you holding any more people or should I do it next week?
[01:55:44.480 --> 01:55:48.480]  No, you're the last one. We're running out of time. So go ahead. We've got three minutes.
[01:55:48.480 --> 01:55:56.480]  All right. Well, basically while we were talking shortly afterwards, I think it was in September, the end of September.
[01:55:56.480 --> 01:56:06.480]  And I don't want to call it, I don't know if I should call it malpractice or not, but the foot doctor caused an injury by digging a little too deep,
[01:56:06.480 --> 01:56:17.480]  cutting a callus and it wouldn't heal for almost two and a half months. And then my current doctor said, look, we've got to do something about it.
[01:56:17.480 --> 01:56:23.480]  I just came out of foot surgery. I've been out of work for a month and a half now. I'm just getting ready to go back.
[01:56:23.480 --> 01:56:27.480]  And now I've got about $5,000 in bills.
[01:56:27.480 --> 01:56:39.480]  Go over what this doctor did. That's certainly something you can take to him and her, her, her and it'll make the claim.
[01:56:39.480 --> 01:56:51.480]  And both of you will be better off. She's going to have an insurance carrier. See if you can talk to the insurance carrier and make a deal with the insurance carrier.
[01:56:51.480 --> 01:56:55.480]  It's always better to make a deal.
[01:56:55.480 --> 01:57:01.480]  Because I'm not sure that I'm going to find I've been refused by two lawyers so far, but I'm not really.
[01:57:01.480 --> 01:57:07.480]  It's not big enough. It's not a big enough payday for them.
[01:57:07.480 --> 01:57:19.480]  But if you do this yourself, regardless, it's going to cost a lot to adjudicate the issue for the insurance company.
[01:57:19.480 --> 01:57:28.480]  So go to insurance companies and say, look, we can fight this for four or five years or just write me a check for 10 grand or 20 grand.
[01:57:28.480 --> 01:57:33.480]  And I'll go home and we'll leave you alone. I won't cause you a fortune.
[01:57:33.480 --> 01:57:38.480]  I'm not looking right anymore either as a result of the operation to correct the problem.
[01:57:38.480 --> 01:57:46.480]  I have a problem. They had to make a cut in my, it's called, it's like an Achilles tendon offload the foot.
[01:57:46.480 --> 01:57:56.480]  Send me an email. I'll send you a picture of a tool I made. Do you have any aloe vera?
[01:57:56.480 --> 01:57:58.480]  Aloe vera, yeah.
[01:57:58.480 --> 01:58:02.480]  Cut a piece of aloe vera and slide it in your sock.
[01:58:02.480 --> 01:58:08.480]  Skin the skin off one side of it, slide it in your sock with your pulp against that area.
[01:58:08.480 --> 01:58:15.480]  You will be amazed at how fast it will heal. It will take out all the information immediately.
[01:58:15.480 --> 01:58:22.480]  It is healed as a result of the operation. That's not the problem anymore, but I'll call back next week.
[01:58:22.480 --> 01:58:28.480]  Okay. Well, the aloe will also dissolve scar tissue.
[01:58:28.480 --> 01:58:34.480]  And there are problems with tendons, tendonitis. I use it first before therapy to fix it.
[01:58:34.480 --> 01:58:42.480]  But I'm out of time today. Randy Kelton, Roodle Law Radio. We'll be back next week. Thank you all for listening and good night.
[01:58:42.480 --> 01:58:49.480]  Bye.
[01:59:12.480 --> 01:59:19.480]  We'll be back next week.
[01:59:42.480 --> 01:59:49.480]  551-0102 or visit us online at bfa.org.