ROL_2018-03-15_16k.timecode

[00:00.000 --> 00:08.640]  The following is brought to you by The Lone Star Lowdowns.
[00:08.640 --> 00:17.080]  Markets for Wednesday, 7 March 2018 are trading with gold at $1,327.21 an ounce, silver $16.49
[00:17.080 --> 00:28.320]  an ounce, Texas Crude $62.60 a barrel, Bitcoins at $9,883.87, Ethereum $748.18, Bitcoin Cash
[00:28.320 --> 00:35.320]  $1,086.63, and fighting Litecoins at $181.10 a crypto coin.
[00:35.320 --> 00:45.760]  Today in History, the year 1989, I ran in the United Kingdom break diplomatic relations
[00:45.760 --> 00:55.120]  after a fight over Simon Rusty's controversial novel, The Satanic Versus, Today in History.
[00:55.120 --> 01:00.280]  In recent news, President Trump's top economic advisor, Gary D. Cohn, stated yesterday Tuesday
[01:00.280 --> 01:04.800]  that he was indeed resigning, this after giving a heads up last week, that he was considering
[01:04.800 --> 01:10.000]  doing so if President Trump decided to follow through with his tariffs on imported aluminum
[01:10.000 --> 01:11.000]  and steel.
[01:11.000 --> 01:14.600]  Of course, with President Trump's announcement last week that he would indeed levy tariffs
[01:14.600 --> 01:19.480]  on aluminum and steel imports, the reason for Mr. Cohn's departure seems obvious for
[01:19.480 --> 01:23.680]  many, considering he was one of the lone vocal opponents of any such measures in the
[01:23.680 --> 01:27.920]  administration.
[01:27.920 --> 01:32.720]  According to a report by The Daily Mail, skeletal biology expert Richard Jantz at the University
[01:32.720 --> 01:37.320]  of Tennessee believes he may have found the skeletal remains of Amelia Earhart on a Pacific
[01:37.320 --> 01:38.320]  Island.
[01:38.320 --> 01:43.400]  Amelia went missing in 1937 when her plane and navigator Fred Newton were never to be
[01:43.400 --> 01:44.400]  found.
[01:44.400 --> 01:48.840]  At least until now, Richard Jantz stated that what I can say scientifically is that they,
[01:48.840 --> 01:53.240]  the recent Pacific Island remains, are 99% likely to be hers.
[01:53.240 --> 01:58.080]  Some timing for this finding to be released, considering that the 1932 Hudson Asex Terraplane,
[01:58.080 --> 02:03.640]  which once belonged to Earhart, was reportedly stolen on Friday, February 23, 2018, only
[02:03.640 --> 02:13.600]  to be found three days later on the street corner in the Sereno neighborhood in L.A.
[02:13.600 --> 02:18.120]  The crypto market took a big blow today, Wednesday, with the top 10 currencies suffering 5-10%
[02:18.120 --> 02:19.120]  losses.
[02:19.120 --> 02:22.000]  This downturn right after the Securities and Exchange Commission announced that it would
[02:22.000 --> 02:26.080]  be requiring digital asset exchanges to register with them.
[02:26.080 --> 02:30.280]  According to the Sec statement, quote, if a platform offers trading of digital assets
[02:30.280 --> 02:35.120]  that are securities and operates as an exchange as defined by the federal securities laws,
[02:35.120 --> 02:40.520]  then the platform must register with the SEC as a national securities exchange or be exempt
[02:40.520 --> 02:41.520]  from registration.
[02:41.520 --> 02:47.440]  The low-touch low-down is looking for sponsors to provide for a service judge to advertise
[02:47.440 --> 02:48.440]  with us.
[02:48.440 --> 02:58.120]  Let me call it 210-363-2257, this was Brick Rody with your low-down for March 7, 2018.
[03:18.440 --> 03:33.800]  Okay, howdy, howdy, Randy Kelton, Debra Stephens, Rule of Law Radio on this Thursday, the 15th
[03:33.800 --> 03:42.240]  day of March, 2018, and we will be taking your calls all night.
[03:42.240 --> 03:52.680]  I call in numbers 512-646-1984, and I guess as usual of late I will start with an update
[03:52.680 --> 03:56.400]  on my electronic lawyer project.
[03:56.400 --> 04:02.200]  It is becoming much more sophisticated.
[04:02.200 --> 04:13.640]  I am trying to get the traffic ticket relaunched with a set of backside questionnaires.
[04:13.640 --> 04:22.920]  I have a set of backside questionnaires, and the questionnaires that we have put together
[04:22.920 --> 04:28.880]  are, to put it mildly, massive.
[04:28.880 --> 04:33.200]  We have tons and tons of them.
[04:33.200 --> 04:35.960]  All of them are internally interactive.
[04:35.960 --> 04:44.800]  They interact with one another, and I have some final pieces to lay into them.
[04:44.800 --> 04:52.160]  I was hoping to have my traffic site ready this week, but I have some other things come
[04:52.160 --> 04:53.160]  up.
[04:53.160 --> 04:59.840]  I have a lot of people that I have to prepare stuff for and have had some family issues.
[04:59.840 --> 05:05.680]  I am in Tennessee taking care of my mom and lost a couple of days with mom this week.
[05:05.680 --> 05:13.120]  But she is doing good, being on hery, but I am hoping that within a week or two I will
[05:13.120 --> 05:15.440]  have a launchable product.
[05:15.440 --> 05:22.640]  I have one programming issue I am struggling with at the moment.
[05:22.640 --> 05:29.880]  We are having to go back through everything we have created and rewrite the coding on it
[05:29.880 --> 05:34.320]  to make it match the update we had to do.
[05:34.320 --> 05:38.200]  That turned out to be a really big project.
[05:38.200 --> 05:44.360]  But as soon as that part is done, then I can go in and drop in all my documents.
[05:44.360 --> 05:47.360]  All I have to do is start writing output documents.
[05:47.360 --> 05:49.120]  This is what is going to happen.
[05:49.120 --> 05:53.840]  We will have the site where you put in the traffic ticket, and it will drop you down
[05:53.840 --> 06:00.600]  about something over 100 pages of documentation right now.
[06:00.600 --> 06:08.920]  You file that documentation with the court, and if your case is consistent with all the
[06:08.920 --> 06:15.360]  other cases, the court will outright deny everything out of hand.
[06:15.360 --> 06:17.920]  That is what these courts have been doing.
[06:17.920 --> 06:23.600]  Just totally paying no attention to anything.
[06:23.600 --> 06:31.800]  The plan is, when we have the site operating the way I intend it, is you go home after the
[06:31.800 --> 06:41.720]  hearing and go onto the website, pull up a questionnaire for first appearance or first
[06:41.720 --> 06:47.880]  hearing, whichever it is, and fill in the questionnaire.
[06:47.880 --> 06:56.320]  And it will walk you through every scenario we have been able to anticipate.
[06:56.320 --> 07:00.160]  And if there is something we haven't been able to anticipate, there will be a place
[07:00.160 --> 07:04.600]  there for you to explain to us what occurred.
[07:04.600 --> 07:09.040]  And then we will go in and look at those explanations.
[07:09.040 --> 07:16.520]  And based on what you put in there, we will write questions to address those issues.
[07:16.520 --> 07:23.440]  So in that regard, it will grow, but in the other regard, it will download a whole stack
[07:23.440 --> 07:32.520]  of documents based on what the judge and prosecutor did at this hearing.
[07:32.520 --> 07:39.040]  And essentially, you'll be able to go to the hearing, have them screw everything up, come
[07:39.040 --> 07:46.560]  back the next day, and file another huge stack of documents against them.
[07:46.560 --> 07:55.080]  One in particular will be a criminal complaint against the district judge, for failing to
[07:55.080 --> 08:01.920]  – I'm sorry – against the judge of the hearing, for failing to properly apply the
[08:01.920 --> 08:05.640]  law to the facts.
[08:05.640 --> 08:13.160]  This is going to come as a whole different innovation in law.
[08:13.160 --> 08:16.960]  If you've been listening to this show for a while, you know that this has been something
[08:16.960 --> 08:20.600]  I've been talking about for quite a while.
[08:20.600 --> 08:24.920]  The judges are essentially out of control.
[08:24.920 --> 08:27.720]  They do whatever they want to.
[08:27.720 --> 08:36.040]  And they feel, for the most part, immune from any kind of consequences.
[08:36.040 --> 08:40.400]  You can't sue them, no matter what you sue.
[08:40.400 --> 08:46.880]  Even if the suit is valid and authorized under law, other judges are going to throw it out.
[08:46.880 --> 08:49.400]  That's what they've been doing to us.
[08:49.400 --> 08:54.280]  And there's no other recourse.
[08:54.280 --> 08:59.160]  But what they haven't had anybody's doing is appealing to a grand jury to arrest them
[08:59.160 --> 09:04.320]  because when they fail to properly apply the law to the facts, I have case law that says
[09:04.320 --> 09:08.160]  that's a due process violation.
[09:08.160 --> 09:13.440]  And if it's a due process violation, it's a classic misdemeanor in Texas.
[09:13.440 --> 09:20.240]  So we'll start filing criminally against the judges, and then when you don't get responses
[09:20.240 --> 09:28.760]  from the complaints and information requests we file and such, you know, when they don't
[09:28.760 --> 09:33.080]  respond appropriately, we file more criminal complaints against them.
[09:33.080 --> 09:39.280]  And when those entities with whom we file the criminal complaints don't do their jobs,
[09:39.280 --> 09:49.160]  you come back and try to design in the system such that we send you a criminal complaint.
[09:49.160 --> 09:59.560]  And then two weeks later, we send you an email and ask if you've received a response to the
[09:59.560 --> 10:00.560]  criminal complaint.
[10:00.560 --> 10:07.480]  If not, then we prepare a criminal complaint based on the lack of response.
[10:07.480 --> 10:16.920]  We accuse the district attorney of capturing our complaint secretly from the grand jury.
[10:16.920 --> 10:26.480]  We just steadily up the pressure on them, but we do it automatically so that the user
[10:26.480 --> 10:31.240]  doesn't have to know anything about the subject matter.
[10:31.240 --> 10:35.640]  They don't have to know anything about the law.
[10:35.640 --> 10:41.880]  All they have to do is know how to answer questions as to what occurred.
[10:41.880 --> 10:47.840]  The machine will know the rest and produce the documents, and we, standing objection
[10:47.840 --> 10:53.720]  to oral argument, demand that the court rule on the pleading preserves our position to
[10:53.720 --> 10:56.680]  go after them and subsequent hearings.
[10:56.680 --> 11:04.200]  They're going to have a serious problem, and we should shut down traffic prosecution
[11:04.200 --> 11:11.800]  in Texas because when you start filing professional conduct complaints against police officers
[11:11.800 --> 11:18.520]  they tend to hit the road because they don't want to lose their ability to act as a certified
[11:18.520 --> 11:23.960]  peace officer, and too many T-close complaints would get just that outcome.
[11:23.960 --> 11:31.160]  We file bar grievances against attorneys that are prosecutors, and most of those, they are
[11:31.160 --> 11:41.560]  either young attorneys that just got out of law school, or they're older attorneys that
[11:41.560 --> 11:45.800]  weren't the sharpest knives in the drawer, aren't making the big bucks, so they're down
[11:45.800 --> 11:50.200]  here at the municipality's grovin' for dollars.
[11:50.200 --> 11:57.840]  So we double the malpractice insurance or get it revoked, they're going to find another
[11:57.840 --> 11:59.280]  place to be.
[11:59.280 --> 12:04.200]  Judges, the same way, when we start filing criminal charges and bar grievances against
[12:04.200 --> 12:12.680]  judges who are attorneys in the daytime and are in their real career and doing municipal
[12:12.680 --> 12:18.360]  courts to make a few bucks on the side, they're going to find another place to be.
[12:18.360 --> 12:23.880]  It'll get to where the municipalities just simply cannot hire a personnel because we're
[12:23.880 --> 12:29.120]  hammering them so hard, at least that's the idea.
[12:29.120 --> 12:32.800]  So that's where we're at on the traffic site.
[12:32.800 --> 12:36.080]  We do have a caller, John, from New York.
[12:36.080 --> 12:38.640]  Hello, John.
[12:38.640 --> 12:40.880]  What do you have for us today?
[12:40.880 --> 12:42.520]  Hello, Randy.
[12:42.520 --> 12:43.840]  Thank you very kindly.
[12:43.840 --> 12:50.920]  I love listening because you really know how it is and what to do, and we thank you for
[12:50.920 --> 12:55.720]  all the hard work you do, and let me tell you something, we need about a thousand more
[12:55.720 --> 13:01.240]  people like you doing the same thing in every city.
[13:01.240 --> 13:08.480]  It is what I'm working toward, is finding other people to do the same thing.
[13:08.480 --> 13:13.080]  Yeah, that's a very, very good idea.
[13:13.080 --> 13:21.000]  Okay, now, did you get Virginia's paperwork and did it come through okay?
[13:21.000 --> 13:23.560]  I think so.
[13:23.560 --> 13:24.760]  I've been so buried.
[13:24.760 --> 13:29.880]  If I got it, I know I received emails from you, but I didn't have time to go through
[13:29.880 --> 13:30.880]  them.
[13:30.880 --> 13:36.520]  I have this last week or two been far more busy than normal.
[13:36.520 --> 13:38.000]  Right.
[13:38.000 --> 13:48.560]  Well, be sure to take a look at it and make sure that it's a form that you can use.
[13:48.560 --> 13:55.680]  What happened was, I couldn't make Skype work because it's not your name, your handle,
[13:55.680 --> 14:01.680]  and then another name came up beside it, so it had two names, and I figured that wasn't
[14:01.680 --> 14:02.680]  you.
[14:02.680 --> 14:05.960]  What were the names, you call?
[14:05.960 --> 14:14.280]  Well, it was your handle, and there was another name on their logo, L-O-G-A-M, along with
[14:14.280 --> 14:16.280]  your handle.
[14:16.280 --> 14:22.600]  I've got a feeling somebody with a similar handle to yours, and it was a little bit different.
[14:22.600 --> 14:25.400]  The word Logan was added onto it.
[14:25.400 --> 14:32.760]  Oh, okay, I've never heard of that, so it's not something of mine indefinitely.
[14:32.760 --> 14:34.960]  Yeah, probably wasn't you.
[14:34.960 --> 14:41.280]  So what I did, I sent it by email, regular email, and they all fit very nicely in three
[14:41.280 --> 14:43.320]  separate folders.
[14:43.320 --> 14:49.400]  The summary judgment in one folder, I think there was 71 pages to that and all related
[14:49.400 --> 14:54.480]  files to that, and then there was another one and another one, and I think they are
[14:54.480 --> 14:59.960]  dated in a way that just like you asked for, they're dated so that you can go through them
[14:59.960 --> 15:05.680]  one by one in order, in sequence, and it'll save you a lot of time.
[15:05.680 --> 15:07.680]  Good, good.
[15:07.680 --> 15:17.120]  It'll make my life a lot easier any time any of you save files in a document related to
[15:17.120 --> 15:23.480]  a complex subject like a criminal prosecution or a civil action.
[15:23.480 --> 15:31.120]  I would suggest that you use a dating format I actually got from Dr. Wies.
[15:31.120 --> 15:37.160]  He had me look at one of his files, and when I looked at it, I was absolutely astounded.
[15:37.160 --> 15:45.840]  You name the file using the international date format.
[15:45.840 --> 15:57.360]  Whenever files are dropped into a folder in Microsoft Office, I'm sorry, in Windows, Windows
[15:57.360 --> 16:09.480]  will always order the files in alphabetical order, so I had someone send me a whole bunch
[16:09.480 --> 16:15.600]  of files and he sent them to me in order, in the order that they occurred, but he didn't
[16:15.600 --> 16:22.120]  rename them, so when I downloaded them and dropped them into the folder, it didn't download
[16:22.120 --> 16:27.760]  them in the order he sent them to me, it downloaded them in alphabetical order, so it scrambled
[16:27.760 --> 16:30.680]  them all.
[16:30.680 --> 16:39.560]  So I had to go through and rename all of them with the dates, the dates of the document
[16:39.560 --> 16:50.120]  backwards, year first in numbers, month in numbers, day in numbers.
[16:50.120 --> 16:53.920]  If you do that, if you put that name at the beginning of the file, and then you put whatever
[16:53.920 --> 17:00.120]  the file is, it will automatically order those files and then...
[17:00.120 --> 17:01.120]  Dang, cookies.
[17:01.120 --> 17:02.120]  Cookie?
[17:02.120 --> 17:03.120]  Me love cookies.
[17:03.120 --> 17:04.120]  Oh, hi, Cookie Munchers.
[17:04.120 --> 17:06.120]  No, these are yucky cookies.
[17:06.120 --> 17:07.120]  Cookie?
[17:07.120 --> 17:08.120]  Yucky?
[17:08.120 --> 17:09.120]  No, no bad cookies.
[17:09.120 --> 17:11.120]  You can't even eat these cookies.
[17:11.120 --> 17:12.120]  These are cyber cookies.
[17:12.120 --> 17:14.120]  No, can't you eat?
[17:14.120 --> 17:17.120]  No, they are cyber cookies and they clog up your computer.
[17:17.120 --> 17:18.120]  Me have apples.
[17:18.120 --> 17:19.120]  Really?
[17:19.120 --> 17:20.120]  Yes.
[17:20.120 --> 17:21.120]  An actual apple.
[17:21.120 --> 17:22.120]  Yummy apple.
[17:22.120 --> 17:26.800]  I'm going to throw away these yucky cookies in the trash.
[17:26.800 --> 17:32.920]  I click control, shift, delete, and then scroll down to cookie and clear them.
[17:32.920 --> 17:34.520]  Bye bye, yucky cookies.
[17:34.520 --> 17:40.200]  Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand
[17:40.200 --> 17:46.200]  side, bookmark the link, and I can go to Amazon through this link and order you some yummy
[17:46.200 --> 17:47.200]  new cookie.
[17:47.200 --> 17:49.200]  No cookies for me.
[17:49.200 --> 17:53.600]  Consider it an early Christmas present, and every time I order on Amazon, I go through
[17:53.600 --> 17:57.200]  this link and I give a little present to this radio network too.
[17:57.200 --> 17:58.200]  These are cookies.
[17:58.200 --> 17:59.200]  These are classified.
[17:59.200 --> 18:05.200]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.200 --> 18:09.200]  Stop debt collectors now with the Michael Merris Proven Method.
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[18:13.700 --> 18:14.700]  can win too.
[18:14.700 --> 18:19.480]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.480 --> 18:25.280]  civil rights statute, what to do when contacted by phones, mail, or court summons, how to answer
[18:25.280 --> 18:29.840]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.840 --> 18:34.080]  financial tables on them and make them pay you to go away.
[18:34.080 --> 18:39.200]  The Michael Merris Proven Method is the solution for how to stop debt collectors.
[18:39.200 --> 18:41.200]  Personal consultation is available as well.
[18:41.200 --> 18:46.880]  For more information, please visit ruleoflawradio.com and click on the blue Michael Merris banner
[18:46.880 --> 18:49.200]  or email Michael Merris at yahoo.com.
[18:49.200 --> 18:59.480]  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
[18:59.480 --> 19:00.480]  next.
[19:00.480 --> 19:22.480]  If you are listening to the Logos Radio Network, the Logos Radio Network at yahoo.com.
[19:22.480 --> 19:40.280]  Okay, we are back, Randy Kelton, Deborah Stevens of Rule of Law Radio, and we're talking to
[19:40.280 --> 19:41.760]  John in New York.
[19:41.760 --> 19:44.000]  Okay, go ahead, John.
[19:44.000 --> 19:46.000]  Thank you, Randy.
[19:46.000 --> 19:48.000]  Thank you very, very kindly.
[19:48.000 --> 19:52.000]  April 2nd, Virginia's House is on the market.
[19:52.000 --> 19:54.000]  It's being sold.
[19:54.000 --> 19:57.000]  We've got problems, or can we still handle it?
[19:57.000 --> 20:02.960]  Well, I've stopped a number of them at that point.
[20:02.960 --> 20:10.320]  If April 2nd, okay, we've got two weeks, okay, we've got time to get a, all you really need
[20:10.320 --> 20:18.080]  is a petition for declaratory judgment that's relatively easy to prepare and file, and then
[20:18.080 --> 20:24.800]  you, generally, when you're in the process of going after them, they do not go to, they
[20:24.800 --> 20:29.440]  do not process the sale.
[20:29.440 --> 20:36.800]  So depending on what I find when I look at that, I will try to get that on my list for
[20:36.800 --> 20:44.560]  what I have to look at before tomorrow's show, and look at Virginia.
[20:44.560 --> 20:45.560]  Yep.
[20:45.560 --> 20:48.560]  Okay.
[20:48.560 --> 20:52.240]  For closure, right.
[20:52.240 --> 21:01.600]  Our little take is one apparent interruption in chain of title, and you can file a petition
[21:01.600 --> 21:09.280]  for declaratory judgment, and then ask for a restraining order.
[21:09.280 --> 21:15.480]  They normally, well, it's about 50-50, rather than granting a restraining order or not.
[21:15.480 --> 21:22.080]  So generally, when you file for one and file an action, the banks will stop trying to foreclose
[21:22.080 --> 21:27.640]  or they will stop trying to sell the property.
[21:27.640 --> 21:34.160]  That's on the off chance they lose in a hearing or something, if they get a ruling against
[21:34.160 --> 21:43.520]  them and they have foreclosed, then their liability increases exponentially.
[21:43.520 --> 21:47.480]  So they don't want that to happen, so they're pretty careful about that.
[21:47.480 --> 21:49.760]  What court do you file in?
[21:49.760 --> 21:55.280]  Oh, what court do you file in?
[21:55.280 --> 22:02.680]  I have to look in New York, I've done it before in New York, I think it's just a district
[22:02.680 --> 22:03.680]  court in New York.
[22:03.680 --> 22:08.640]  I know the Supreme Court in New York is one of the lower courts, so it's a little bit
[22:08.640 --> 22:09.640]  confusing.
[22:09.640 --> 22:14.080]  I don't know, look, but I'm sure it's a district court.
[22:14.080 --> 22:17.000]  The same judge or a different judge?
[22:17.000 --> 22:22.320]  Oh, it'll be a different judge because it's a different case.
[22:22.320 --> 22:23.320]  Right.
[22:23.320 --> 22:24.320]  Okay.
[22:24.320 --> 22:26.120]  All right.
[22:26.120 --> 22:33.840]  Now, what I'm going to need you to do is to, you probably know ahead of time, all the
[22:33.840 --> 22:42.680]  fifth falls and all the trickery that the judge is going to use on Virginia.
[22:42.680 --> 22:48.120]  And I'd love if you would tell me ahead of time, like, for example, the judge will ask
[22:48.120 --> 22:51.280]  her, well, what was the last time you made a payment?
[22:51.280 --> 22:53.280]  And she'll say 2008.
[22:53.280 --> 22:54.280]  Okay.
[22:54.280 --> 22:55.280]  Now, objection-relevant.
[22:55.280 --> 22:56.280]  I know.
[22:56.280 --> 22:57.280]  Okay.
[22:57.280 --> 22:58.280]  Yeah.
[22:58.280 --> 22:59.280]  So...
[22:59.280 --> 23:00.280]  What else?
[23:00.280 --> 23:03.280]  What else do you think he's going to throw?
[23:03.280 --> 23:04.280]  Okay.
[23:04.280 --> 23:10.440]  There's no way I can prepare Virginia for what the judge is likely to do in court because
[23:10.440 --> 23:12.560]  there's no telling what they're likely to do.
[23:12.560 --> 23:19.080]  The only way I can prepare is an objection to oral argument and demand the court rule
[23:19.080 --> 23:20.080]  on the pleadings.
[23:20.080 --> 23:24.640]  If you ask a question like that, your honor, it's all in the pleadings.
[23:24.640 --> 23:27.680]  And I'll say that all again.
[23:27.680 --> 23:28.680]  I apologize.
[23:28.680 --> 23:29.680]  Okay.
[23:29.680 --> 23:39.840]  The protection I try to write in is an objection to oral argument and move the court to rule
[23:39.840 --> 23:41.000]  on the pleadings.
[23:41.000 --> 23:45.000]  To rule on the pleadings?
[23:45.000 --> 23:46.000]  Yes.
[23:46.000 --> 23:49.840]  Read the pleadings, all in the pleadings.
[23:49.840 --> 23:52.160]  Don't be asking me a bunch of questions in court.
[23:52.160 --> 23:57.960]  If I'm prosa, the questions are just for the purpose of trying to trip me up and get me
[23:57.960 --> 24:01.240]  to say something that can be used against me.
[24:01.240 --> 24:05.880]  Is that what I'd say?
[24:05.880 --> 24:06.880]  Something to that effect.
[24:06.880 --> 24:09.040]  No, you don't say that.
[24:09.040 --> 24:10.040]  You put that in a motion.
[24:10.040 --> 24:15.680]  We have a motion where we object to oral argument.
[24:15.680 --> 24:19.920]  And if they try to have oral argument, you object to it.
[24:19.920 --> 24:27.200]  Since you're representing yourself, it's fundamentally unfair to pit you against a lawyer who's trained
[24:27.200 --> 24:33.320]  to lie and misconstrued the facts and the law.
[24:33.320 --> 24:36.880]  So you move the court to rule on the pleadings.
[24:36.880 --> 24:42.720]  Then when the court insists that you do oral argument, you just refuse.
[24:42.720 --> 24:49.440]  All that'll do is get you in trouble.
[24:49.440 --> 24:57.040]  You mean, oh, actually, so in other words, if it's in writing and it's a motion, is that
[24:57.040 --> 24:58.040]  it?
[24:58.040 --> 24:59.040]  Yeah.
[24:59.040 --> 25:07.360]  If I'm not exactly a motion, just an objection, a written objection to the court, a written
[25:07.360 --> 25:12.400]  objection to oral argument is filed like a motion.
[25:12.400 --> 25:17.080]  How do you define, give me some examples of an oral argument that the judge could use
[25:17.080 --> 25:24.040]  besides any thing the judge says is oral argument.
[25:24.040 --> 25:31.000]  If the judge is not going to do any oral arguments, he's going to ask you to do it.
[25:31.000 --> 25:36.520]  He's going to ask you to make your case verbally in court.
[25:36.520 --> 25:43.720]  And to ask a pro se to do that is just wrongful.
[25:43.720 --> 25:45.880]  The judge asks me for oral argument.
[25:45.880 --> 25:50.120]  I ask him to read the pleading.
[25:50.120 --> 25:54.560]  And what I suggest if people, when the judge insists on oral argument, then take out the
[25:54.560 --> 25:58.760]  pleading and start reading it.
[25:58.760 --> 26:00.160]  That'll get him annoyed.
[26:00.160 --> 26:07.560]  And if he tells you that he wants you to put down the pleading and make an oral argument,
[26:07.560 --> 26:09.560]  you tell him no.
[26:09.560 --> 26:15.520]  And if he says he'll rule against you, you don't care.
[26:15.520 --> 26:22.080]  You rule however you intend to rule anyway, and we'll take this to the court of appeals.
[26:22.080 --> 26:29.640]  Your only purpose in the trial court is to set the record for appeal.
[26:29.640 --> 26:37.840]  The record is set for appeal the way you want it set for appeal in your filed pleadings.
[26:37.840 --> 26:45.440]  Oral argument can only introduce stuff you do not want going to appeal.
[26:45.440 --> 26:46.440]  So check to it.
[26:46.440 --> 26:51.960]  The federal courts, they prefer no oral argument.
[26:51.960 --> 26:57.880]  Judge doesn't want to get in there and listen to lawyers argue back and forth.
[26:57.880 --> 27:04.320]  Put all your pleadings in writing and I'll read them at my leisure.
[27:04.320 --> 27:07.360]  So that's exactly how you want this to happen.
[27:07.360 --> 27:11.280]  You mean the judge will read them at his leisure?
[27:11.280 --> 27:12.280]  Yes.
[27:12.280 --> 27:17.080]  And he'll make his ruling based on the written documents.
[27:17.080 --> 27:27.440]  I just had someone to attend and Texas do that a month or so ago.
[27:27.440 --> 27:36.440]  And then the judge ruled against everything out of hand, so with no explanation.
[27:36.440 --> 27:45.880]  So we asked for findings affecting conclusions at law, waited that the statutory 20 days,
[27:45.880 --> 27:51.400]  no response, we filed criminal charges against him with the grand jury.
[27:51.400 --> 27:58.200]  Tell us dance, we're just following code.
[27:58.200 --> 28:02.240]  The head of hearing and Tim refused to argue the issues and demanded the court read the
[28:02.240 --> 28:10.920]  documents and the judge is trying to punish him by dismissing his case with prejudice
[28:10.920 --> 28:13.920]  and no explanation.
[28:13.920 --> 28:17.000]  And when we asked for explanation, he refused to give it.
[28:17.000 --> 28:25.240]  So we filed against him criminally rule 297 says that on a request for findings of fact
[28:25.240 --> 28:32.960]  and conclusions at law, the judge shall produce the findings of fact within 20 days.
[28:32.960 --> 28:41.120]  It says shall does not say may might or can if he wants to.
[28:41.120 --> 28:43.360]  When he failed to perform a duty, he is required to perform.
[28:43.360 --> 28:48.760]  He denied Tim in the ability to appeal because he has nothing to appeal.
[28:48.760 --> 28:53.120]  He has no idea what the court ruled.
[28:53.120 --> 28:59.560]  So we filed against him criminally for denying him due process.
[28:59.560 --> 29:10.560]  That's criminal and criminal acts are not within the scope of any public official.
[29:10.560 --> 29:17.120]  If you perform an act that's outside of scope, you have no immunity for that.
[29:17.120 --> 29:20.120]  So we plan to go back and sue the judge.
[29:20.120 --> 29:26.360]  So you don't want to do your job, get out of this business, get somebody who does.
[29:26.360 --> 29:34.000]  We have recourse and it does not include oral argument.
[29:34.000 --> 29:39.280]  That my glory on oral argument and I'm sticking to it.
[29:39.280 --> 29:46.680]  This is Randy Kelton, Debra Stevens, rule of law radio, I call it number 512-646-1984.
[29:46.680 --> 29:55.960]  Okay, go check out Logos Radio Network and pick up some of the stuff we've got markedly
[29:55.960 --> 29:56.960]  there.
[29:56.960 --> 30:03.120]  We're needing some monetary support.
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[32:09.800 --> 32:13.800]  going to have a free society then we're going to have to stand and defend our own rights.
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[33:07.060 --> 33:17.700]  Yeah, Mr. Office, I've just taken the lighter hand.
[33:20.260 --> 33:25.060]  Won't you follow the law of the land? I don't have a plan.
[33:25.060 --> 33:43.940]  Okay, we are back. Randy Kelton, Rule Law Radio, and we're talking to John in New York.
[33:45.540 --> 33:48.260]  And we have another caller who seems to have dropped off.
[33:48.260 --> 33:59.780]  Okay, primary thing almost always in foreclosure is I always want to start with a petition for
[33:59.780 --> 34:06.820]  declaratory judgment. Here it might be good to go ahead and file in the federal court
[34:06.820 --> 34:16.500]  because if you've already been through a foreclosure hearing in the state court
[34:18.260 --> 34:32.660]  and it will be, you'll have a lot of claims of resjudicata and claims that this issue could have
[34:32.660 --> 34:39.860]  been brought in a previous litigation. Before you have previous litigation in the state,
[34:40.660 --> 34:48.260]  then you want to go to the Fed. When I start out someone with a foreclosure issue, I want to start
[34:48.260 --> 34:53.460]  out in the state courts because I can hold them in the state courts for three or four years
[34:53.460 --> 34:59.140]  relatively easily. And when we get done in the state courts, then we can start the same routines
[34:59.140 --> 35:05.620]  in the federal court. But see, if you're already through litigation in the state court and litigation
[35:05.620 --> 35:15.060]  wasn't carefully calculated, then you wind up tripping over your own litigation trying to do
[35:15.060 --> 35:22.660]  something to hold them in court. Then it's easier to go out, take on the issue from a federal's
[35:22.660 --> 35:36.660]  perspective. Does that make sense, John? Oh, we can probably hear John better if I unmute John.
[35:36.660 --> 35:43.780]  There you go, John. Okay, that's all right. So you're saying federal is the best way for Virginia?
[35:44.580 --> 35:49.540]  Probably at this time, before I went through all of her documentations, I'm going to
[35:49.540 --> 35:56.180]  guess that the feds will throw them off their game because now they have to
[35:56.900 --> 36:03.460]  get counsel that is authorized to practice in the Fed. So they're likely to have to change
[36:03.460 --> 36:12.180]  attorneys. And in the Fed, it takes a somewhat different approach. So anything to change things
[36:12.180 --> 36:17.700]  up. For the most part, you can expect the courts to move against you out of hand no matter what.
[36:17.700 --> 36:24.740]  Right, just like the court. Go ahead, say that again. Just like traffic court,
[36:24.740 --> 36:29.060]  you can usually lose, you can always lose in traffic court. It's easy to do,
[36:29.060 --> 36:33.380]  then you take it to appeals. You've established your case for really, you're doing it,
[36:33.380 --> 36:39.380]  so establish it for appeals court. Yes, everything you do in the, you should always
[36:39.380 --> 36:45.780]  presume that everything you do in the trial court is for the purpose of setting the record for appeal.
[36:45.780 --> 36:50.980]  That way, you don't get quite so upset and feel quite so mistreated when the judge rules against
[36:50.980 --> 37:02.180]  you out of hand at every turn. And I'm trying to develop some strategies that address this
[37:03.380 --> 37:11.540]  anger and frustration we feel when the courts betray us at the trial level.
[37:11.540 --> 37:19.700]  That's a difficult thing for people to understand. It's to deal with because it carries such a heavy
[37:19.700 --> 37:31.540]  emotional load. We like to think that we're dispassionate here, that we're just following the
[37:31.540 --> 37:37.540]  steps here, but that's not the case. It's never the case when you have a dog in the hunt. This
[37:37.540 --> 37:54.420]  matters to you. And your only, what's the term, your only real security is in a court that will
[37:56.340 --> 38:00.420]  determine the facts in accordance with the rules of evidence, then apply the laws that comes to
[38:00.420 --> 38:06.020]  them to the facts in the case. You depend on the courts to do that. And when they don't,
[38:06.020 --> 38:14.340]  you not only feel horribly betrayed, you feel without remedy. You feel at the mercy of the system.
[38:15.220 --> 38:23.220]  And that is extremely debilitating. That's why a good reason, primarily why lawyers tell you
[38:23.220 --> 38:28.980]  that you should never represent yourself because you're not going to do a good job because the
[38:28.980 --> 38:36.660]  emotional factors get in the way and you will lose miserably like I did when I represented
[38:36.660 --> 38:44.980]  myself in Cherokee County. I was grossly inept. Not because I didn't know the law, not because I
[38:44.980 --> 38:54.900]  didn't have all the law on my side, but because I had a dog in the hunt. I never got to appeal
[38:54.900 --> 39:04.340]  because I found notice of appeal and while I was preparing the appeal, I made up 35 criminal
[39:04.340 --> 39:13.140]  charges against all of them and filed the criminal charges in the appeals court and two days I was
[39:13.140 --> 39:19.140]  out of jail. They did not want me coming after them criminally for their bad behavior.
[39:19.140 --> 39:30.500]  Eventually, that judge got removed from office for his bad behavior. So anyway, your only purpose
[39:31.380 --> 39:35.220]  set the record for appeal. And when you start doing that, the other side will realize what you're
[39:35.220 --> 39:43.860]  doing. And in the case we're in now with Tim, I think they're beginning to realize that at the
[39:43.860 --> 39:51.220]  end of the day, you will never win your case simply because you have the law and the facts on your
[39:51.220 --> 40:00.820]  side. You will win your case if you have the politics on your side. So part of what we do
[40:00.820 --> 40:08.260]  is try to generate politics. And John, I think we've talked enough that you're beginning to get a
[40:08.260 --> 40:18.340]  idea of what we mean by politics. Oh, absolutely. You go after the jugular veins, the things that
[40:18.340 --> 40:25.460]  they do not like aired and the things that they can't stand. They won't, not that they won't tolerate
[40:25.460 --> 40:32.820]  it, but you can't, you're going to shiver their tears. Sorry about that. I dropped my headsets
[40:32.820 --> 40:41.860]  right on the mic. I know exactly what you mean by politics. You hit them at their weakest point
[40:41.860 --> 40:49.620]  and you hit the weakest ones at their weakest point. Exactly. And take no prisoners.
[40:52.180 --> 40:58.660]  There's no place for mercy here. This is business. Oh, you're going to lose your career, Mr. Lawyer.
[40:58.660 --> 41:07.540]  Oh, that's bad. Life is tough. But put your big boy panties on, cowboy up, deal with it.
[41:08.660 --> 41:16.100]  Do it right or deal with the consequences. And I spend a lot of my time developing
[41:16.900 --> 41:26.500]  how to go after consequences. So in finding the case law that stipulates
[41:26.500 --> 41:35.540]  that a failure on the part of the judge to determine the facts and then properly apply the law to the
[41:35.540 --> 41:43.540]  facts is a, it's been designated a due process violation. Now, in the case law, in the case law,
[41:43.540 --> 41:49.620]  it was defined as a due process violation to indicate that since it was due process,
[41:49.620 --> 41:57.460]  due process, it was amenable to extraordinary remedy. And what extraordinary remedy means
[41:57.460 --> 42:04.900]  is a petition for rid of mandamus. A petition to the district, to the next higher court district,
[42:04.900 --> 42:14.900]  or if it's county appeals, if it's, I'm sorry, county, if it is a JP or municipal
[42:14.900 --> 42:25.140]  court of appeals, if it's county or district, you ask the court of appeals to order the lower court
[42:25.140 --> 42:32.260]  to do what the law requires it to do. They're not going to like that one little bit. That's the
[42:32.260 --> 42:40.900]  rid of mandamus. But we have another strategy. Since it's due process violation, that goes
[42:40.900 --> 42:45.540]  to official misconduct in most states or in Texas, it would be official oppression.
[42:47.220 --> 42:53.780]  But it's a crime in every state. Due process. I have case law that says due process
[42:54.900 --> 43:02.340]  rings in both state and federal. Anything that's due process in the state is forbidden by the
[43:02.340 --> 43:10.500]  federal constitution, therefore rings in the Fed. So any case law, state of Fed, I'm sorry,
[43:10.500 --> 43:15.140]  any case law Fed, you can bring into the state on a state due process violation.
[43:16.260 --> 43:22.980]  And I got federal case law that says that it is a due process violation. So we have grounds to
[43:22.980 --> 43:29.380]  establish the propriety of filing criminal charges against the judge. And once you do that,
[43:30.340 --> 43:36.820]  then you come after the judge committing crimes from the bench and maintain the court is without
[43:36.820 --> 43:47.380]  immunity from the commission of criminal acts. Then you see the judge personally,
[43:47.380 --> 43:51.140]  they're really going to be unhappy. Hang on, Randy Kelton,
[43:52.100 --> 43:54.420]  never see this rule of law radio, we'll be right back.
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[46:22.180 --> 46:35.620]  Okay, we are back. Randy Kelton, rule of law radio and our call in number is 512-646-1984.
[46:36.340 --> 46:43.780]  And we do have some items that will help you in any of this type of litigation.
[46:43.780 --> 46:57.460]  We have my ebook. We have my brains going down. We have Eddie Craig's
[46:59.300 --> 47:06.820]  traffic seminar and we have Dr. Graves' Jurisdictionary. Jurisdictionary will
[47:06.820 --> 47:16.900]  take you through the basics of the practice of law. What lawyers learn in high school,
[47:16.900 --> 47:28.500]  what lawyers learn in law school is how to argue legal issues. They don't really show them how to
[47:28.500 --> 47:36.820]  practice law. And primarily, they don't do that because for the most part, the practice of law is
[47:37.460 --> 47:40.660]  dependent on the jurisdiction you're practicing in.
[47:42.100 --> 47:49.220]  Somewhat dependent. There are differences in every jurisdiction, but there are things that
[47:49.220 --> 47:55.460]  are consistent that could be taught in law. How do you put a motion on for hearing?
[47:55.460 --> 48:01.460]  What do you have to do before you put a motion on for hearing? If you're going to ask for something
[48:01.460 --> 48:08.020]  in court, the courts don't want you to come to the court as the remedy of first resort,
[48:08.020 --> 48:12.100]  but rather of last resort. So if you want to file a motion, they want you to go to the other side
[48:13.460 --> 48:20.100]  if it's civil litigation and say, hey, guys, I'm going to file this motion. Are you going to oppose
[48:20.100 --> 48:27.300]  it and get them to look at it and tell you yes or no? And then when you file the motion, you notice
[48:27.300 --> 48:34.260]  the court that this is an opposed motion or this is an opposed motion. Little things like that.
[48:36.260 --> 48:41.780]  You file it and then we have procedures against file motions and nothing happens.
[48:42.580 --> 48:48.740]  Well, nobody tells them. When you file a motion with the court, you also have to petition the
[48:48.740 --> 48:57.220]  court coordinator to set that motion or or pleading for a hearing. You have to go set the hearing date.
[48:59.060 --> 49:07.540]  And in order to set the hearing date, what you primarily want to do is go to the court coordinator
[49:07.540 --> 49:13.860]  and ask her for a couple of dates when the judge will hear motions. And generally, the judge is
[49:13.860 --> 49:20.500]  set aside one or two days a week just for the purpose of hearing motions. So you pick two dates
[49:20.500 --> 49:25.620]  and you take those two dates to opposing counsel and say, I'm setting this motion for
[49:25.620 --> 49:35.220]  hearing on this date. Is this compatible with your schedule? And if they say, well, no, I got
[49:35.220 --> 49:41.380]  a trial here or I'm out of town here, well, get me a couple of dates that fit your schedule.
[49:41.380 --> 49:46.340]  I'll see if I can get them to fit mine. They want you to work with the other side
[49:47.300 --> 49:53.380]  to eliminate as much difficulty in the court as possible. It's called civil litigation.
[49:55.140 --> 50:01.140]  And once you get a date, both sides can agree to then you ask the coordinator to set that date.
[50:02.260 --> 50:07.860]  Well, sometimes the other side will be difficult. And I'll say, no, neither one of those is good
[50:07.860 --> 50:12.580]  for me. And you ask them for new dates. Well, they don't want the motion set for hearing,
[50:12.580 --> 50:16.740]  so they don't give you dates. So you give them a couple of days and you just set it anyway.
[50:18.340 --> 50:24.340]  And then they'll go to the judge and whine and cry that this is an incompatible date and you
[50:24.340 --> 50:30.340]  will have in your setting requests for setting that you conferred with opposing counsel and they
[50:30.340 --> 50:38.260]  were recalcitrant. They would not cooperate. So you had to set a date without their input.
[50:38.260 --> 50:44.900]  If any judge can say to them, counsel, you want to be a jerk, then you'll have to dance to my
[50:44.900 --> 50:50.100]  schedule. I'm stood in me dancing years. This is how it works in the real world we live in. And
[50:50.820 --> 50:57.700]  the better a pro say understands that kind of information, the better he does in court,
[50:57.700 --> 51:07.220]  unless he's surprised. And Dr. Graves did a very good job in a jurisdictionary for that purpose.
[51:07.220 --> 51:13.940]  I was talking to someone who had no knowledge of who I was and what I do. I had no knowledge of
[51:13.940 --> 51:24.180]  rule of law radio. And I was trying to engage him as a paralegal. He was out of Arizona. He
[51:24.180 --> 51:32.900]  commented. There's a guy out there that wrote a program that helps pro say litigants. He said
[51:32.900 --> 51:42.820]  it's some kind of a lawyer. I said, Dr. Graves. So yes, Dr. Graves. So his is pretty well known
[51:42.820 --> 51:52.580]  and well respected. That is a very powerful set of documents and more than worth what it would
[51:52.580 --> 52:01.700]  cost you to get it. Plus it'll help the radio network. Dr. Graves does the practice of law from
[52:01.700 --> 52:12.100]  a lawyer's perspective. I do the practice of law from a process perspective. And it's a whole
[52:12.100 --> 52:21.300]  different perspective. You and I as pro says, we have powers and abilities far beyond those of
[52:21.300 --> 52:31.060]  mortal attorneys. We can do things in court a lawyer would never dream of doing. One thing
[52:31.060 --> 52:38.340]  lawyers have a problem with in court is they can't make a mistake. They can't miss something.
[52:39.860 --> 52:46.340]  You and I were pro says, you know, the judge considered us just ignorant pro says, and we
[52:46.340 --> 52:52.740]  miss something important. He'll be annoyed. And there's nothing to do about it. You know,
[52:52.740 --> 52:57.940]  he can be annoyed with it and he can chew us out about it. But if a lawyer misses something,
[52:58.900 --> 53:02.980]  he can sanction the lawyer and lawyers are terrified of being sanctioned by judges.
[53:04.820 --> 53:11.620]  Judges seldom sanction lawyers. But every time a lawyer is sanctioned,
[53:11.620 --> 53:18.420]  every lawyer will get a notice notifying them that this lawyer's been sanctioned for this reason.
[53:20.180 --> 53:25.220]  The gut process is where they do that. So the lawyers know the kind of stuff that get them
[53:25.220 --> 53:35.460]  in trouble. So what happens with that is the lawyers don't realize how seldom a judge gets
[53:35.460 --> 53:44.660]  sanctioned. The lawyer thinks that the lawyers get sanctioned all the time.
[53:48.020 --> 53:50.820]  Hold just a second. I have some noise in the background. Give me just one second.
[53:50.820 --> 54:06.340]  My bad had the studio door open. They think lawyers get sanctioned all the time because they
[54:06.340 --> 54:11.780]  get all these notices of sanctions. But in fact, they are extremely rare.
[54:13.380 --> 54:16.900]  But lawyers don't know that. So they're terrified of getting sanctioned because once you get
[54:16.900 --> 54:23.060]  sanctioned, there's not much you can do about it. And the judge can sanction you at his caprice.
[54:23.620 --> 54:31.620]  So lawyers have to be real careful you don't. Lawyers will never cross a judge
[54:32.820 --> 54:40.660]  in paperwork or in court. Thus, we don't care. Judges get mad, gets mad at us, we don't care.
[54:40.660 --> 54:48.420]  Because we expect the judge to rule against us out of hand anyway. And jurisdictionary
[54:48.420 --> 54:52.260]  reminds you your only purpose in the trial court is to set the record for appeal.
[54:53.540 --> 54:59.620]  So forget about this. I'm going to win in the trial court. Nonsense. Forget that. You might win
[54:59.620 --> 55:04.740]  in the trial court. But not if you're going in there with the idea that you're going to win in
[55:04.740 --> 55:13.620]  trial court, regardless of what you see on TV. Your only purpose is to set the record and always
[55:13.620 --> 55:22.100]  keep that in mind. You forget that part and you will be off track in arguing issues that simply
[55:22.100 --> 55:36.740]  don't matter. Also, we talk about how things really work. We think the Constitution protects us.
[55:37.940 --> 55:46.820]  Doesn't do any such thing. Constitution was not written for you. It was written to prohibit
[55:46.820 --> 55:55.540]  behavior by public officials, not to protect us. The hope is that the prohibition of the
[55:55.540 --> 56:07.460]  behaviors will protect us. So the violation of a constitutional prohibition does not necessarily
[56:07.460 --> 56:19.380]  give you a cause of action. Only if in the process of violating the constitutional provisions,
[56:20.660 --> 56:28.500]  a due process right of yours is violated. Then you have standing to raise an issue.
[56:29.380 --> 56:33.940]  But you don't raise it under Constitution. You raise it under statutory provision.
[56:33.940 --> 56:43.140]  Every prohibition that's in the Constitution is covered by some statutory restriction.
[56:44.740 --> 56:48.500]  If you take an action based on a constitutional violation,
[56:49.700 --> 56:59.700]  you go find the reflective statute and use the statute as foundation for the argument or for
[56:59.700 --> 57:05.220]  the bringing of the complaint. I hope that makes sense. But this is what we try to explain.
[57:06.420 --> 57:10.100]  Constitution doesn't protect you. It's just a restrictive document.
[57:12.020 --> 57:16.580]  This is where we talk about you'll never win in court. You'll never win simply because you have
[57:16.580 --> 57:22.580]  the law and the facts on your side to think so as naive. You'll only win if you have the politics
[57:22.580 --> 57:29.300]  on your side and all politics is local. We go through a whole list of things and then I have
[57:29.300 --> 57:37.780]  a whole section on how to prepare legal documents. You don't do it the way you would think you would.
[57:37.780 --> 57:45.620]  You start with who the litigants are, what the jurisdiction is, the facts of the case,
[57:46.340 --> 57:50.420]  the points and authorities, the argument as to how the facts apply to the law.
[57:50.420 --> 57:59.620]  And then you name the causes of action and you do a conclusion and then you write a prayer and
[57:59.620 --> 58:04.740]  ask for them to the court to give you a remedy and then you file it. No, no, no, that's not how
[58:04.740 --> 58:17.540]  you do it. You get the uniform jury charge first. Figure out what the last thing the judge is going
[58:17.540 --> 58:24.260]  to tell the jury is and everything you write must be written to the jury charge. Explain that on
[58:24.260 --> 58:33.300]  the other side. Randy Kelton will radio. Call in number 512-646-1984. Chris, I see you there.
[58:33.300 --> 58:50.100]  I hope we got some good news. We'll be right back.
[58:50.100 --> 58:55.700]  The Bible remains the most popular book in the world. Yet countless readers are frustrated
[58:55.700 --> 59:01.700]  because they struggle to understand it. Some new translations try to help by simplifying the text,
[59:01.700 --> 59:05.860]  but in the process can compromise the profound meaning of the Scripture.
[59:06.820 --> 59:13.300]  Enter the recovery version. First, this new translation is extremely faithful and accurate,
[59:13.300 --> 59:19.380]  but the real story is the more than 9,000 explanatory footnotes. Difficult and profound
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[59:24.580 --> 59:30.580]  word beyond which you've ever experienced before. Bibles for America would like to give you a free
[59:30.580 --> 59:36.660]  recovery version simply for the asking. This comprehensive yet compact study Bible is yours
[59:36.660 --> 59:47.620]  just by calling us toll free at 1-888-551-0102 or by ordering online at freestudybible.com.
[59:47.620 --> 01:00:00.740]  That's freestudybible.com. You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.740 --> 01:00:04.420]  Following these flashes brought to you by the Lowstar Lowdowns.
[01:00:08.260 --> 01:00:15.300]  Markets for Wednesday the 7th of March 2018 are trading with gold at $1,327.21 an ounce,
[01:00:15.300 --> 01:00:24.500]  silver $16.49 an ounce, Texas Crude $62.60 a barrel, bitcoins at $9,883.87,
[01:00:24.500 --> 01:00:35.220]  Ethereum $748.18, Bitcoin Cash $1,086.63, and finally Litecoins at $181.10 a crypto coin.
[01:00:35.220 --> 01:00:45.780]  Today in History, the year 1989, Iran and the United Kingdom break diplomatic relations
[01:00:45.780 --> 01:00:51.460]  after a fight over Simon Rushdie's controversial novel, The Cetanid Versus. Today in History.
[01:00:54.900 --> 01:00:59.060]  In recent news, President Trump's top economic adviser, Gary D. Cohn,
[01:00:59.060 --> 01:01:04.020]  stated yesterday, Tuesday, that he was indeed resigning this after giving a heads up last week,
[01:01:04.020 --> 01:01:08.500]  that he was considering doing so if President Trump decided to follow through with his
[01:01:08.500 --> 01:01:12.580]  tariffs on imported aluminum and steel. Of course, with President Trump's announcement
[01:01:12.580 --> 01:01:17.540]  last week that he would indeed levy tariffs on aluminum and steel imports, the reason for Mr.
[01:01:17.540 --> 01:01:22.420]  Cohn's departure seems obvious for many, considering he was one of the lone vocal opponents of any
[01:01:22.420 --> 01:01:29.940]  such measures in the administration. According to a report by The Daily Mail,
[01:01:29.940 --> 01:01:34.580]  skeletal biology expert Richard Jantz out of the University of Tennessee believes he may have found
[01:01:34.580 --> 01:01:41.060]  the skeletal remains of Amelia Earhart on a Pacific island. Amelia went missing in 1937 when her plane
[01:01:41.060 --> 01:01:46.500]  and navigator Fred Newton were never to be found. At least until now, Richard Jantz stated that
[01:01:46.500 --> 01:01:50.660]  what I can say scientifically is that they, the recent Pacific island remains,
[01:01:50.660 --> 01:01:54.900]  are 99% likely to be hers. Interesting timing for this finding to be released,
[01:01:54.900 --> 01:02:00.260]  considering that the 1932 Hudson Essex Terraplane, which once belonged to Earhart, was reportedly
[01:02:00.260 --> 01:02:06.180]  stolen on Friday, February 23, 2018, only to be found three days later on the street corner
[01:02:06.180 --> 01:02:15.700]  in the Sereno neighborhood in LA. The crypto market took a big blow today, Wednesday,
[01:02:15.700 --> 01:02:20.660]  with the top 10 currencies suffering 5-10% losses. This downturn right after the Securities and
[01:02:20.660 --> 01:02:24.980]  Exchange Commission announced that it would be requiring digital asset exchanges to register
[01:02:24.980 --> 01:02:30.260]  with them. According to the SEC statement, quote, if a platform offers trading of digital assets
[01:02:30.260 --> 01:02:34.980]  that are securities and operates as an exchange as defined by the federal securities laws,
[01:02:34.980 --> 01:02:40.740]  then the platform must register with the SEC as a national securities exchange or be exempt from
[01:02:40.740 --> 01:02:46.580]  registration. The low-star lowdown is looking for sponsors to ship a product or a service
[01:02:46.580 --> 01:02:52.740]  you like to advertise with us, feel free to give me a call at 210-363-2257.
[01:02:52.740 --> 01:03:20.740]  This was Brick Rody with your lowdown before March 7, 2018.
[01:03:22.740 --> 01:03:38.260]  Okay, we are back. Randy Kelkin, Rural Law Radio. And we were talking to John in New York,
[01:03:38.260 --> 01:03:45.940]  and I kind of got off on the e-book and the products we've got out there. We really need some
[01:03:45.940 --> 01:03:54.100]  income right now. We're running short and we're having some extraordinary costs on the network,
[01:03:54.100 --> 01:04:00.980]  so we're having a struggle keeping it open. So we need any help we can get. And if you have
[01:04:00.980 --> 01:04:10.020]  a legal issue, if you're concerned of an oncoming legal issue, jurisdictionary and this e-book
[01:04:10.020 --> 01:04:19.780]  are probably the best tools you can have to prepare yourself. Once you understand the
[01:04:19.780 --> 01:04:27.700]  principles in the e-book, then you won't be surprised about much of anything that occurs
[01:04:27.700 --> 01:04:36.340]  in court. The prosecutor and the judge won't be able to trip you up and you will have remedy.
[01:04:36.340 --> 01:04:46.820]  The one thing that helps people to understand is no matter what the other side does, and this is
[01:04:46.820 --> 01:04:53.460]  very clear in jurisdictionary. No matter what the other side does, you have something you can do.
[01:04:54.580 --> 01:05:01.940]  And the more debilitating and the more final an action by the other side,
[01:05:01.940 --> 01:05:11.940]  the more remedy you have. And that makes sense because human beings are human beings. And if God
[01:05:11.940 --> 01:05:24.180]  made man, he made us flawed. Horribly flawed. But he made all of us flawed for the most part
[01:05:24.180 --> 01:05:31.860]  the same way. So the problems that come up between human beings come up between human beings everywhere.
[01:05:33.300 --> 01:05:39.700]  And a set of code designed to deal with the problems that come up between human beings
[01:05:40.660 --> 01:05:48.980]  is going to be essentially the same no matter where it is. I was talking to someone in England
[01:05:48.980 --> 01:05:57.460]  about a comparative, international comparative litigation guide. And I was talking about the
[01:06:00.020 --> 01:06:07.380]  ticket project, electronic paralegal project. And he said, well, the problem with that is,
[01:06:07.380 --> 01:06:13.140]  is the law, the traffic law in Finland is not the same as the traffic law in New Zealand.
[01:06:13.140 --> 01:06:20.500]  We are, that's true, but any legal left-hand turn is a legal left-hand turn makes no difference
[01:06:20.500 --> 01:06:26.340]  where you're at. No matter where you go, people make the same legal left-hand turns. He said,
[01:06:26.900 --> 01:06:33.540]  you got a point there. 90% of everything that's in law is in everybody's law.
[01:06:33.540 --> 01:06:44.020]  And the way that human beings react and respond is exactly the same everywhere.
[01:06:46.100 --> 01:06:51.300]  Once you understand how things really work with human beings, and that's what the e-book is about,
[01:06:53.300 --> 01:07:00.100]  as the e-book more goes to human beings and how human beings do what they do,
[01:07:00.100 --> 01:07:09.620]  and how what human beings do relate to law, jurisdictionary goes to how human beings react
[01:07:09.620 --> 01:07:18.660]  in the litigation process. So if you have a chance, go have a look at them. The small price
[01:07:18.660 --> 01:07:24.500]  we're charging is minor. And if you get either one of them and you have an issue, you can call in on
[01:07:24.500 --> 01:07:33.060]  the air and we'll provide your help and your question answering for those products. But we do
[01:07:33.060 --> 01:07:47.300]  need some help right now to keep this station on the air. Okay. Thank you for making that suggestion.
[01:07:47.300 --> 01:07:52.340]  I think I will look into the e-book and jurisdictionary. They sound like very powerful
[01:07:52.340 --> 01:07:58.740]  knowledge. And I can tell you one thing, John. I know that you haven't been through them. I knew
[01:07:58.740 --> 01:08:07.060]  that. When I get someone called into the air who's been through jurisdictionary, we have Mark in
[01:08:07.060 --> 01:08:17.620]  Wisconsin. Years ago when Mark first called in, he had his son was stopped in a car with other
[01:08:17.620 --> 01:08:24.500]  teenagers. He was 16. And they found pot in the center console. And they charged everybody in
[01:08:24.500 --> 01:08:31.620]  the car with it. And I said, well, did you write a motion to strike the evidence? I wrote one.
[01:08:32.900 --> 01:08:37.300]  Well, they arrested his son. Did you file a petition for written mandamus? Yeah, I did that.
[01:08:38.100 --> 01:08:44.180]  And went to Hagus Corpus. Yeah, I did that. I said, Mark, if you've been through jurisdictionary,
[01:08:44.180 --> 01:08:51.060]  oh yeah, I've been through jurisdictionary. Shows very quickly. It's not that big, but
[01:08:52.580 --> 01:08:58.260]  John, it goes to what you were talking about last week when you said that you understood
[01:08:58.820 --> 01:09:06.660]  the medical profession. But there were terms and procedures in law that just didn't make
[01:09:06.660 --> 01:09:14.980]  any sense to you. The jurisdictionary will fix that. And in a really compact method,
[01:09:15.780 --> 01:09:22.020]  they'll give you a step by step. This is how all of this works. These are the kinds of
[01:09:22.020 --> 01:09:26.820]  remedies you have available. This is how you secure those remedies. And once you've been
[01:09:26.820 --> 01:09:32.100]  through that, you'll have the structure down. And then when you start using jurisdictionary,
[01:09:32.100 --> 01:09:37.460]  you'll find the courts doing things that Dr. Grace didn't anticipate because they didn't do it to him
[01:09:37.460 --> 01:09:44.260]  because he was a lawyer. Well, they did it to me because I wasn't a lawyer, and to people who call
[01:09:44.260 --> 01:09:49.460]  in, and I go through that stuff that's not in jurisdictionary. In jurisdictionary, it doesn't
[01:09:49.460 --> 01:09:57.060]  tell you how to write motion, please. I have an extensive section on that. You start with the
[01:09:57.060 --> 01:10:04.820]  pattern jury charge. Because the pattern jury charge is where the judge says to the jury,
[01:10:05.860 --> 01:10:13.700]  this is what you must find. You must find this element, this element, this element.
[01:10:14.500 --> 01:10:22.500]  If you're writing a pleading, and what you're addressing is not included in the pattern jury
[01:10:22.500 --> 01:10:29.540]  charge, you are wasting your time, the court's time, and certainly the jury's time because
[01:10:29.540 --> 01:10:36.580]  they can't make a finding on that. So first thing, you get the pattern jury charge. Then get the
[01:10:36.580 --> 01:10:46.820]  statute out and read the statute. If it's criminal, if it's civil, get out, go in online and search
[01:10:46.820 --> 01:10:54.260]  out the cause of action. Most people who want to file a civil suit or a prosaic don't understand
[01:10:54.260 --> 01:10:59.220]  this part. They think you could just go in and tell the judge, this dirty rock scoundrel, he did
[01:10:59.220 --> 01:11:07.140]  this, that, and the other. We can't do that in court. If you go into a criminal court, the state
[01:11:07.140 --> 01:11:15.380]  has to allege a violation of a specific statute. They can't just say he did something wrong. We
[01:11:15.380 --> 01:11:22.900]  just had someone in court the other day who went in was accused of speeding. It's okay. What is that?
[01:11:24.180 --> 01:11:32.340]  I can't find speeding anywhere. What law specifically was I accused of violating?
[01:11:33.140 --> 01:11:37.940]  So in criminal, there has to be a law. I need to know what that is because that
[01:11:37.940 --> 01:11:42.500]  law has certain elements, and those elements will be included in the pattern jury charge.
[01:11:42.500 --> 01:11:53.780]  Okay. If it's civil, then your claim must be made in the form of a defined cause of action.
[01:11:55.060 --> 01:12:03.460]  Human beings are flawed and they are consistently flawed. Anything that you can claim as a harm,
[01:12:04.420 --> 01:12:11.620]  there is a cause of action which fits that claim. So you find the cause of action. The guy,
[01:12:11.620 --> 01:12:14.740]  we aren't in this contract and he lied to me about the contract.
[01:12:16.660 --> 01:12:24.420]  And he committed fraud. So I'm assuming for fraud. Well, you need to go find the cause of action
[01:12:25.140 --> 01:12:34.260]  for fraud by non-disclosure. And in the pattern jury charge, the judge says you must find
[01:12:34.260 --> 01:12:42.260]  that the defendant knowingly made a false representation to the plaintiff.
[01:12:43.060 --> 01:12:49.140]  I'm sorry. That the defendant made a representation to the plaintiff. That the representation was
[01:12:49.140 --> 01:12:59.300]  false. That the defendant knew the representation was false. That the defendant intended to take
[01:12:59.300 --> 01:13:08.100]  the representation is true. That the plaintiff did not have equal access to information to
[01:13:08.100 --> 01:13:16.180]  determine that it was false. That the plaintiff accepted the false statement as true and was
[01:13:16.180 --> 01:13:24.740]  harmed thereby. If you make a claim that somebody lied to me on a contract and you did not address
[01:13:24.740 --> 01:13:31.060]  each one of those issues, the jury will be instructed that they cannot rule in your favor.
[01:13:32.900 --> 01:13:39.540]  So place to start causes of action. I mean the pattern jury charge, second place,
[01:13:40.500 --> 01:13:46.100]  read the code, the statute or look up the cause of action, read the elements of the cause of action
[01:13:46.900 --> 01:13:53.380]  that make sure you plead every one of those elements. Does that make sense, John?
[01:13:53.380 --> 01:13:58.580]  It makes perfect sense. It makes perfect sense. Now I got about three questions and I'll fire
[01:13:58.580 --> 01:14:05.860]  them fast. Here we go. With declaratory judgment, it is in Virginia's best interest
[01:14:06.420 --> 01:14:12.420]  to drag this out as much as possible, within reason. How long do you think the declaratory judgment
[01:14:13.460 --> 01:14:23.140]  process will take? Rick in California, seven years ago I was doing a seminar
[01:14:23.140 --> 01:14:34.100]  out there and he contacted me and I wrote a, who are you suit? It was just, I don't know who you
[01:14:34.100 --> 01:14:39.220]  are. I never entered into a contract with you. I never entered into a contract with your alleged
[01:14:39.220 --> 01:14:46.420]  principal. Seven years later, actually it was six years, it was a year or so ago,
[01:14:46.420 --> 01:14:56.660]  so we finally had our certiori to the US Supreme denied. Rick bought that property for $375,000.
[01:14:58.180 --> 01:15:03.220]  He lived in it for seven years without paying a dime and it was like $3,000 a month payment.
[01:15:06.020 --> 01:15:15.060]  He sold it after holding them off that long. He sold it for $890,000, paid them the $500,000
[01:15:15.060 --> 01:15:22.100]  they claimed they had coming, went to Phoenix and bought him a new house for 250 years, something
[01:15:22.100 --> 01:15:33.700]  thousand and had over 100,000 left over. Okay, seven years on one four-page suit. How long can
[01:15:33.700 --> 01:15:41.540]  we keep them in? It depends on how vigorously you attack every issue. Long time. The biggest
[01:15:41.540 --> 01:15:48.980]  argument and complaint about civil litigation is it takes forever. Okay, next question we're going
[01:15:48.980 --> 01:15:58.100]  to run out of time. I got Chris, I want to get in. We're going. Okay, I emailed you, how do you do
[01:15:58.100 --> 01:16:05.620]  a financial disclosure on a judge? But I don't think you answered. I did not see it. I have a form
[01:16:05.620 --> 01:16:14.740]  for that. I will send that to you. Send me another email, put the subject line in all caps. It always
[01:16:14.740 --> 01:16:23.140]  gets my attention. Okay, financial disclosure judge, right? Yes. Okay, then the other question is
[01:16:23.140 --> 01:16:36.900]  what politics do you have in mind for the judge? Would it be helpful to throw politics at the
[01:16:36.900 --> 01:16:42.180]  last judge for doing the foreclosure? Okay, hang on, we'll pick this up on the other side. But
[01:16:42.180 --> 01:16:47.460]  first thing we want to do is just go on to complain to the judge just for yucks, just to soften him
[01:16:47.460 --> 01:16:53.780]  up a little. Randy Kelton, Deborah Stevens, rule of law radio, we'll be right back. And Chris, be
[01:16:53.780 --> 01:17:03.220]  patient with us. We'll get to you. I love logos. Without the shows on this network, I'd be almost
[01:17:03.220 --> 01:17:07.700]  as ignorant as my friends. I'm so addicted to the truth now that there's no going back. I need my
[01:17:07.700 --> 01:17:13.300]  truth pick. I'd be lost without logos. And I really want to help keep this network on the air. I'd
[01:17:13.300 --> 01:17:17.540]  love to volunteer as a show producer, but I'm a bit of a Luddite. And I really don't have any money
[01:17:17.540 --> 01:17:23.700]  to give because I spent it all on supplement. How can I help logos? Well, I'm glad you asked.
[01:17:23.700 --> 01:17:28.260]  Whenever you order anything from Amazon, you can help logos with ordering your supplies or
[01:17:28.260 --> 01:17:34.580]  holiday gifts. First thing you do is clear your cookies. Now go to logosregualnetwork.com.
[01:17:34.580 --> 01:17:39.700]  Click on the Amazon logo and book market. Now when you order anything from Amazon,
[01:17:39.700 --> 01:17:46.100]  you use that link and logos get a few pesos. Do I pay extra? No. Do I have to do anything different
[01:17:46.100 --> 01:17:52.900]  when I order? No. Can I use my Amazon pride? No. I mean, yes. Wow. Giving without doing anything
[01:17:52.900 --> 01:17:59.860]  or spending any money. This is perfect. Thank you so much. We are welcome. Happy holidays, logos.
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[01:19:27.460 --> 01:19:50.580]  Okay, we are back. Randy Kelton, rule of law radio and a little slow coming in. I was talking
[01:19:50.580 --> 01:19:54.980]  to my producer and telling her how that I'm here in Tennessee to take care of my mom and
[01:19:54.980 --> 01:20:02.660]  I had to go to child protective services and file a complaint against her for child abuse.
[01:20:04.900 --> 01:20:10.180]  She has been trying to feed me to death. They left me out of the place.
[01:20:13.540 --> 01:20:18.100]  Now I was looking for the highway patrol and they had moved the office and I wound up in that one
[01:20:19.060 --> 01:20:22.580]  and she had the woman she assured me that her mother did the same thing to her.
[01:20:22.580 --> 01:20:37.780]  Okay, John, your last question. Okay, here it is. Let me get my, give me a second here.
[01:20:39.540 --> 01:20:52.180]  Okay, my last question is, what politics, well, which judge do you go after with the
[01:20:52.180 --> 01:21:00.900]  declaratory judgment? The last one? No, no, no, no. You don't go after a judge for declaratory
[01:21:00.900 --> 01:21:12.260]  judgment. You file an action and an original petition in the court. You file a suit. Which
[01:21:12.260 --> 01:21:19.780]  court? Which court? In the context, it's always the district court. So it'll be the highest local
[01:21:19.780 --> 01:21:26.100]  court in the judicial district. And I'm pretty sure a New Yorkist calls the district court.
[01:21:27.140 --> 01:21:32.580]  And that would not be the same court as the judge ruling against Virginia and for the bank?
[01:21:32.580 --> 01:21:37.220]  I don't know who that judge was. Was he a Supreme Court judge or a district court judge?
[01:21:38.180 --> 01:21:47.140]  He was, let's see, he is, for lack of a better word, he's a supervising judge of some kind. And
[01:21:47.140 --> 01:21:52.740]  I think my wording is wrong. Okay, okay, okay, hold on. You don't file with any judge at all.
[01:21:52.740 --> 01:21:59.300]  You file with a court, with a court clerk. You know what I mean. Okay, all right. Yeah,
[01:21:59.300 --> 01:22:06.020]  and then the court clerk will assign a judge to the case. This is a completely separate action.
[01:22:07.860 --> 01:22:15.780]  And the way I like to file the petition for declaratory judgment, a petition for declaratory
[01:22:15.780 --> 01:22:24.340]  judgment is a request that the court declare the rights of the parties. And in this case,
[01:22:24.340 --> 01:22:34.980]  the parties are essentially the clerk of the court and the petitioner. You're filing claiming
[01:22:34.980 --> 01:22:43.780]  that a document filed in the county recorder's office has been accepted and filed by the clerk.
[01:22:43.780 --> 01:22:53.940]  But the document is fraudulent and does not meet the statutory requirements for filing a
[01:22:53.940 --> 01:23:03.700]  document with the county recorder's office. So you want the court to rule, was this document
[01:23:03.700 --> 01:23:13.060]  filed in accordance with the laws of the state of New York? That's it. You're not asking for any
[01:23:13.060 --> 01:23:19.780]  harm. You're not, you're not claiming any damages. You're just asking the court to render a ruling.
[01:23:20.580 --> 01:23:27.700]  And this sort of flies in the face of the claim that you have to bring an actual controversy.
[01:23:28.420 --> 01:23:35.300]  In the matter of a petition for declaratory judgment, you do not have to bring a controversy
[01:23:37.300 --> 01:23:41.620]  because you're merely asking the judge to rule on the rights of the parties.
[01:23:41.620 --> 01:23:45.540]  So you have to be careful how you write it. Make sure you don't ask for attorney fees. Make sure you
[01:23:45.540 --> 01:23:54.260]  don't ask for damages of any kind. And ask the court to rule on point of law. And you, when you
[01:23:54.260 --> 01:24:02.900]  file it, you want to look at a law that's extremely well founded so that if they rule against you,
[01:24:02.900 --> 01:24:13.060]  they upset the Corpus Juris. If I file an action claiming that the filer of this document lacked
[01:24:13.060 --> 01:24:19.140]  authority to file a document with the county recorder that affected real property. And the court
[01:24:19.140 --> 01:24:25.460]  says, oh, that don't matter. Then the first thing I want to do is go file a lien against the judge's
[01:24:25.460 --> 01:24:35.780]  property. How can do that? The court just said so. It creates an untenable position. If their
[01:24:35.780 --> 01:24:44.180]  ruling becomes a precedent in the court of appeals, then it's a precedent everybody else can rely on
[01:24:44.180 --> 01:24:54.500]  and undermines the law. So when you pick a cause of action, you want to pick an issue that will
[01:24:54.500 --> 01:25:04.820]  disrupt the law, the body of laws it stands today. Does that make sense? That sounds right. That
[01:25:04.820 --> 01:25:10.100]  sounds right. Okay. I do need to move on. I've got two more callers on the board and only two
[01:25:10.100 --> 01:25:16.340]  segments left. Okay. You can take a look at Virginia's papers tonight or tomorrow. Yeah. We'll try to
[01:25:16.340 --> 01:25:24.020]  look at it either tomorrow or Saturday. I'm really jammed up at the moment. All right. Okay. See
[01:25:24.020 --> 01:25:30.260]  me in email. Remind me. And I always read my emails early in the morning. And that's when I need
[01:25:30.260 --> 01:25:36.900]  to be reminded because after nine o'clock, it's impossible. My phone goes crazy. Okay. Thank you
[01:25:36.900 --> 01:25:42.420]  very kindly. Okay. Thank you, John. Now we're going to go to Chris in Pennsylvania. Hello, Chris.
[01:25:43.940 --> 01:25:47.460]  Hello, Rick. How are you? What do you have for us today?
[01:25:47.460 --> 01:25:56.820]  Well, the last time we talked, I was expecting some kind of response on my appeal
[01:25:57.700 --> 01:26:11.140]  for the quiet title. And instead of getting a 1925 request, which is my ledger as to why I feel
[01:26:11.140 --> 01:26:18.180]  the judge erred, I got a letter from an appeal docket sheet from the Superior Court asking me
[01:26:19.060 --> 01:26:24.820]  for basically the same thing that I have to fill out within a week.
[01:26:28.340 --> 01:26:36.980]  Is this in a state or federal court? This is state. This is the Superior Court of Pennsylvania,
[01:26:36.980 --> 01:26:45.540]  which is where the appeal went to from the quiet title. Okay. What was that again?
[01:26:47.540 --> 01:26:56.900]  Is it asking for a docket? Yeah. They're asking for, well, they're asking me to fill out a
[01:26:56.900 --> 01:27:08.100]  two-page page of paper. And the two pages of paper are requesting me to tell them if there's any
[01:27:08.100 --> 01:27:15.860]  other cases pertaining to this case or cases. It's asking for a description of my appeal,
[01:27:15.860 --> 01:27:22.820]  a brief description of the action. And then it's asking for me to tell them issues to be raised
[01:27:22.820 --> 01:27:31.700]  on appeal. Oh, okay. That should definitely be in your appellate brief. So it should be simple
[01:27:31.700 --> 01:27:40.900]  enough. They're asking essentially for a just a brief overview of what the case is about.
[01:27:40.900 --> 01:27:45.780]  And what they're probably doing is they want to use that and say, okay, if we're going to do this,
[01:27:45.780 --> 01:27:54.340]  we need these law clerks because they work in this area and we need this much time because
[01:27:54.340 --> 01:28:00.260]  we know how long these kinds take so they can work their calendar more efficiently.
[01:28:01.860 --> 01:28:08.500]  Right. And that's what I assume this is about. But the one issue that I'm having here is
[01:28:08.500 --> 01:28:21.220]  in relation to, we also filed a cross claim to void the foreclosure order based on 10,
[01:28:21.220 --> 01:28:30.180]  3, 2, B subject matter jurisdiction. Now, we went to the court to have argument on that.
[01:28:30.180 --> 01:28:37.780]  And the bank failed to show up for the court, the hearing or the argument.
[01:28:39.140 --> 01:28:43.780]  He said, did you move for summary judgment? Well, that's my question.
[01:28:43.780 --> 01:28:49.220]  Okay. Hold on. Step back. One step back. Did the bank file an opposition?
[01:28:50.820 --> 01:28:54.660]  No. Did you have a right to summary judgment?
[01:28:54.660 --> 01:29:00.580]  Okay. That was my question. Should I file a summary judgment?
[01:29:01.380 --> 01:29:08.100]  Yes, absolutely. You should have made the motion in court, but it wasn't necessary.
[01:29:08.900 --> 01:29:15.300]  File a motion for summary judgment. List the facts as you've stated them. Because they were not
[01:29:15.300 --> 01:29:26.820]  opposed and counsel did not appear. The court must construe those facts as true, not as probable
[01:29:26.820 --> 01:29:39.220]  cause, not as probably true, but as true. And if these facts are true, as they're all uncontested,
[01:29:39.220 --> 01:29:45.780]  this would give you a right to your remedy. They must give you that remedy. Hang on. About to go
[01:29:45.780 --> 01:29:51.780]  to break. Randy Kelton with Law Radio. I'm not going to let you call the number. We're running
[01:29:51.780 --> 01:29:54.820]  short of time. We've got a call board full. We'll be right back.
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[01:33:01.940 --> 01:33:06.900]  You are listening to the Logos Radio Network. LogosRadioNetwork.com.
[01:33:06.900 --> 01:33:35.300]  Okay, we are back. Randy Kelton with Logos Radio, and we're talking to Chris in Pennsylvania.
[01:33:37.140 --> 01:33:43.460]  Okay, Chris, where were we? We were discussing the summary judgment.
[01:33:44.500 --> 01:33:49.620]  Oh, summary judgment. Oh, God, we had a busy break. Sometimes the breaks are busier than the show.
[01:33:50.900 --> 01:33:57.780]  Okay, and sometimes you guys ought to hear what goes on on the back side. Sometimes it's great fun.
[01:33:57.780 --> 01:34:08.100]  Okay, summary judgment. You have a statutory right to a ruling in your favor,
[01:34:08.820 --> 01:34:14.420]  and we're talking to John Erdere, and he asked, how long does it take to adjudicate one of these
[01:34:14.420 --> 01:34:22.820]  cases? How long have you been at this, Chris? Seven years. And it sounds like you're just getting
[01:34:22.820 --> 01:34:28.980]  warmed up good, because they just opened up another probably year, year and a half on the summary
[01:34:28.980 --> 01:34:37.940]  judgment. Yeah, you can take that issue all the way to the Supreme. I do have a question. That's
[01:34:37.940 --> 01:34:46.980]  might. Okay. In all this time, I take it you haven't been paying a mortgage payment. Correct.
[01:34:46.980 --> 01:34:54.340]  Correct. So, you know, a lot of people get into these issues, and it weighs on them,
[01:34:55.380 --> 01:35:01.940]  and they get it out of perspective. Approximately, what was your mortgage payment amount?
[01:35:04.420 --> 01:35:10.820]  Like $1,000 a month. So, you're being paid $1,000 a month to adjudicate this case.
[01:35:10.820 --> 01:35:21.620]  Are you putting any of that in an account? Yeah. Oh, yeah. Oh, wonderful. You're going to reach a
[01:35:21.620 --> 01:35:30.580]  point to where the bank has expended an extremely large amount of money more than the value of your
[01:35:30.580 --> 01:35:40.580]  property, and you will be taking their money that they expected to be receiving, putting it in an
[01:35:40.580 --> 01:35:46.180]  account. And then, at one point, you'll have a large lump sum of money. You can come to them and
[01:35:46.180 --> 01:35:52.740]  say, look, guys, I'm about to take you off on another rabbit trail that's taken four or five years,
[01:35:53.780 --> 01:36:01.300]  and large amount of money on your part. How about you make me an offer I can't pass up?
[01:36:01.300 --> 01:36:12.100]  I had a guy in the capital of California, I'll think of it a minute,
[01:36:12.100 --> 01:36:21.380]  and I get distracted and I lose the minor details. He had a $350,000 mortgage. They
[01:36:21.380 --> 01:36:29.220]  claimed he owed 500 and something. We fought him for about three or four years, and I suggested that he
[01:36:29.220 --> 01:36:38.900]  ask the court to order mediation. And he contacted the other guy and asked him to contact the other
[01:36:38.900 --> 01:36:43.540]  lawyer. She said, object to it. And they said, no, they wouldn't object to it, but you don't have to
[01:36:44.180 --> 01:36:49.460]  ask the court to order mediation. If you want mediation, I will present that to my client.
[01:36:50.340 --> 01:36:56.420]  They came back and they offered to lower his mortgage from 350 to 125.
[01:36:56.420 --> 01:37:06.580]  They dismissed all of the fees, changed his interest rate from 6.5 to 4.5,
[01:37:08.100 --> 01:37:16.900]  and start the whole thing over. At 125,000, he stood at 350. He said it took him about 30 seconds
[01:37:16.900 --> 01:37:24.100]  to accept the deal. Just a thought, because you sound like you're in a real good position,
[01:37:24.100 --> 01:37:32.580]  you essentially won this case two or three times. But since the courts have been bought and paid for,
[01:37:34.020 --> 01:37:38.420]  you're still in court with them. And I think by this time, they probably understand
[01:37:39.620 --> 01:37:45.460]  that you'll be like a Houston couple that called me trying to find a way to stay in court. And I
[01:37:45.460 --> 01:37:55.060]  asked them, how long have you been in court with the bank on this issue? They said 18 years.
[01:37:58.900 --> 01:38:03.700]  Had they been putting in half their mortgage in an account all that time,
[01:38:05.380 --> 01:38:12.980]  they could write a check and pay the thing off. Then they get there, and certainly they could
[01:38:12.980 --> 01:38:21.860]  make a deal with the bank. They'd be like Rick in California. He came out really good on his
[01:38:21.860 --> 01:38:29.700]  opposition. My point is to everybody else, when you're fighting one of these, there's more going
[01:38:29.700 --> 01:38:37.140]  on here than just the case you're in. There are politics all over the place. Okay, back to your
[01:38:37.140 --> 01:38:45.060]  case, Rick. Rick, back to your case, Chris. So in the discussion of the summary judgment,
[01:38:45.620 --> 01:38:56.180]  and the fact that the Superior Court ruling on the 1032B in the state of Pennsylvania,
[01:38:57.540 --> 01:39:02.820]  which I've thoroughly discussed with Leslie, who went through the same thing,
[01:39:02.820 --> 01:39:08.420]  it didn't work in her favor because they ruled against her for the very reason I'm getting,
[01:39:08.420 --> 01:39:16.340]  I should be getting the ruling, in this quiet title statement that I have to the appeal
[01:39:16.340 --> 01:39:23.140]  docket sheet, when I raise right in here the issues to be raised on appeal, would that be a
[01:39:23.140 --> 01:39:32.420]  political move to mention the motion or the cross claim to avoid the foreclosure order based on
[01:39:32.420 --> 01:39:36.820]  1032B, since it is a Superior Court ruling here in Pennsylvania?
[01:39:40.980 --> 01:39:46.100]  Okay, I'm not sure I really understand what that question was.
[01:39:46.100 --> 01:39:56.420]  Can you state that again to make sure I understand it? Yeah, the appeal is about the quiet title,
[01:39:56.420 --> 01:40:07.540]  okay? Okay, hold on. You're in any appeals court. Where was the summary judgment motion filed?
[01:40:07.540 --> 01:40:17.300]  That was in the civil court against the foreclosure order because they failed to include me,
[01:40:17.860 --> 01:40:25.540]  the spouse, as an indispensable third party, 1032B. Okay, that is exactly the reason
[01:40:26.340 --> 01:40:32.980]  that Leslie had her case thrown out for lack of subject matter jurisdiction for failure to
[01:40:32.980 --> 01:40:41.540]  include a necessary party. So it sounds like they're trying to have things both ways.
[01:40:42.900 --> 01:40:49.220]  They rule anyway they want to, when they want to. Right, we haven't gotten a ruling on this cross
[01:40:49.220 --> 01:40:56.420]  claim yet. So it's still, the judge is still sitting on this. This is what we went to go argue
[01:40:57.460 --> 01:41:02.820]  for which the bank didn't show up and has not objected to yet. So this is what I'd like to
[01:41:02.820 --> 01:41:09.300]  apply the summary judgment to. But I'm also in the appeals court with the quiet title
[01:41:09.860 --> 01:41:19.380]  that the judge gave to the bank saying that they had titled because they got the foreclosure.
[01:41:19.940 --> 01:41:29.940]  But the bank couldn't raise the issue of title of the years on the inception of the mortgage
[01:41:29.940 --> 01:41:36.500]  until 2009 where my title is clouded heavily by all these secondary market purchases
[01:41:37.140 --> 01:41:44.660]  that show up on my homeowners. So Wells Fargo can't make any claim
[01:41:44.660 --> 01:41:49.300]  prior to 2009 about the title in the quiet title.
[01:41:49.300 --> 01:41:58.900]  So that's kind of what my point is with this appeal and a couple other things.
[01:41:59.460 --> 01:42:05.620]  But would it be a political move to make a statement when they're asking me,
[01:42:05.620 --> 01:42:11.140]  do I have any other pending cases and docket numbers relevant to this?
[01:42:11.140 --> 01:42:18.980]  Do I bring up the fact that I have a motion or a cross claim for
[01:42:18.980 --> 01:42:23.940]  voiding the foreclosure order since it is a Supreme Court issue?
[01:42:26.180 --> 01:42:34.340]  How is that? Oh, absolutely bring that up. If you have an issue in the case
[01:42:34.340 --> 01:42:45.700]  that would have the effect of being a dispositive ruling, by dispositive we mean
[01:42:46.340 --> 01:42:55.780]  it would dispose of the case. If the Supreme were to rule in your favor then the appeal would become
[01:42:55.780 --> 01:43:04.660]  moot and the appeals court in this case is asking you is there anything else going on
[01:43:05.700 --> 01:43:14.260]  that would moot what is before us? If there is they're going to say we're not touching this,
[01:43:14.260 --> 01:43:20.740]  we're not wasting any court time on it until any other dispositive issues are adjudicated.
[01:43:20.740 --> 01:43:30.660]  But that makes sense. Yes it does. So in a sense I'm waiting for the judge in the civil court
[01:43:31.300 --> 01:43:37.700]  to make his ruling on my cross claim so that I could go ahead with the appeal and if he doesn't
[01:43:37.700 --> 01:43:44.180]  rule in the favor of subject matter jurisdiction 1032B the Superior Court will because they gave
[01:43:44.180 --> 01:43:52.340]  the decision based on Leslie which I use as case law in the matter. Perfect.
[01:43:55.140 --> 01:43:57.460]  Okay hang on, about to go to break, we'll be right back.
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[01:46:16.580 --> 01:46:22.900]  Okay we are back. Randy Kelton, rule of law radio and we're talking to Chris in Pennsylvania.
[01:46:22.900 --> 01:46:35.060]  Go ahead Chris. Okay so if that sounds correct you know I if there's one thing I've taken from
[01:46:35.700 --> 01:46:45.540]  listening to you deliberate about the law is you know the principle of politics and if I could you
[01:46:45.540 --> 01:46:49.860]  know come up with any other way that I thought maybe this could be a political move is to make
[01:46:49.860 --> 01:46:55.460]  move this something from the civil court right into this period of courts lap by putting it into this
[01:46:56.340 --> 01:47:02.260]  this docket sheet that they're asking for so they understand that there's something potentially
[01:47:02.260 --> 01:47:06.340]  coming their way if the judge step in the civil court doesn't rule on it correct.
[01:47:09.780 --> 01:47:12.900]  Okay maybe I understood misunderstood the hierarchy.
[01:47:12.900 --> 01:47:22.820]  You have a case in the court of appeals how does the case that hasn't reached the court of appeals
[01:47:23.860 --> 01:47:27.700]  affect the case that is in the court of appeals?
[01:47:29.380 --> 01:47:33.940]  Well the case that's not in the court of appeals is the subject matter jurisdiction which makes
[01:47:33.940 --> 01:47:44.180]  everything moot. Oh big deal so right so if I'm dragging that statement in under what they're
[01:47:44.180 --> 01:47:51.620]  asking is there any other related cases to this and I throw it in there then the superior court
[01:47:51.620 --> 01:47:56.180]  is going to sit there and say well we're just waiting for this to get to us because if the judge
[01:47:56.180 --> 01:48:02.340]  in the civil court doesn't you knowjudicate my favor I'm going to appeal it and take it right
[01:48:02.340 --> 01:48:08.020]  to the superior court who has made this law. No what they're going to say is you have a challenge
[01:48:08.020 --> 01:48:16.900]  subject matter jurisdiction if the lower court rules in your favor and dismisses for lack of
[01:48:16.900 --> 01:48:27.300]  subject matter jurisdiction everything else becomes moot immediately so and if the lower court
[01:48:27.300 --> 01:48:36.500]  rules in your favor and the opposing side does not appeal then the lower court ruling becomes
[01:48:36.500 --> 01:48:47.300]  controlling and our case is effectively dismissed so they're going to say we're not doing anything
[01:48:47.300 --> 01:48:54.020]  because there's another case that will render our case moot we're not going to waste our time
[01:48:54.020 --> 01:49:01.300]  adjudicating an issue that may or not may or may not become relevant so absolutely I would tell
[01:49:01.300 --> 01:49:08.500]  them there's a subject matter jurisdiction charge in the courts okay and then and then in the meantime
[01:49:08.500 --> 01:49:16.900]  file a motion for summary for declaratory judgment based on let me think let me think
[01:49:16.900 --> 01:49:29.300]  summary declaratory yeah that's yes yes declaratory if okay you file a claim and the other side
[01:49:31.060 --> 01:49:40.020]  files an answer but the answer is non responsive you cannot ask for declaratory you can only ask
[01:49:40.020 --> 01:49:48.740]  for summary but if you file a claim and the other side does not respond then you can ask for declaratory
[01:49:50.500 --> 01:49:54.100]  okay and declaratory the clerk can sign it as a rule
[01:49:56.660 --> 01:50:01.860]  right because you go to the clerk and say I filed this petition on this day
[01:50:01.860 --> 01:50:13.380]  the opposing council opposing party had this much time to file check the record if you find no
[01:50:13.380 --> 01:50:25.380]  filing within these dates then and as well okay it's not exactly right if you find no
[01:50:25.380 --> 01:50:36.900]  filing responsive to this case by the opposing party then then sign the declaratory if there
[01:50:36.900 --> 01:50:44.100]  was a filing that's out of time then you can ask for summary judgment and ask for the response to
[01:50:44.100 --> 01:50:51.380]  be stricken but even if I file a response that's way out of time it stops declaratory
[01:50:51.380 --> 01:51:01.220]  and moves it to summary judgment is that making sense yeah that makes sense so if the clerk
[01:51:01.220 --> 01:51:08.660]  looks in the record and does not file find a responsive pleading you have a right to
[01:51:08.660 --> 01:51:15.860]  declaratory judgment as a matter of law and the clerk generally in most states the clerk can sign
[01:51:15.860 --> 01:51:25.300]  it okay and I I can just go to the clerk of courts for that yes now that's if Pennsylvania is like
[01:51:25.300 --> 01:51:32.900]  everybody else but then Pennsylvania Pennsylvania is not like everybody else now at least in some
[01:51:32.900 --> 01:51:39.140]  respects so you might want to check that in Pennsylvania law but that is an appropriate remedy
[01:51:39.140 --> 01:51:46.980]  okay so it's probably the same in Pennsylvania law as everywhere else so that's certainly what I would
[01:51:46.980 --> 01:51:56.660]  do what would be the time limit on then making a filing there's going to be a statutory time limit
[01:51:56.660 --> 01:52:01.060]  when the other side files a motion how long do you have to respond it's generally 30 days
[01:52:01.060 --> 01:52:09.620]  as a rule of thumb varies with some peculiar you know some peculiarities with each state with
[01:52:09.620 --> 01:52:15.780]  particular types of filings but as a general rule of thumb is 30 days right so it's been longer
[01:52:16.500 --> 01:52:19.540]  certainly before a trial on the issue
[01:52:22.820 --> 01:52:25.060]  have you been to a hearing on your motion
[01:52:25.060 --> 01:52:30.820]  we went to an argument hearing the judge brought us in
[01:52:31.860 --> 01:52:37.540]  the bank failed if you if you went to an argument hearing and it was beyond it had to be beyond
[01:52:37.540 --> 01:52:43.860]  the statutory time limit for filing a response so you are definitely beyond and then the fact
[01:52:43.860 --> 01:52:49.700]  that they didn't show up at the argument hearing shows that they abandoned the issue
[01:52:49.700 --> 01:52:53.780]  so you'd have a very good declaratory judgment claim
[01:52:55.380 --> 01:52:59.860]  yeah we made that point to the judge that they didn't show up and he said he would note that as
[01:52:59.860 --> 01:53:03.780]  whatever he was going to note it as and we were hoping he was going to note it as abandoned
[01:53:03.780 --> 01:53:11.300]  and because they the interesting part about that is they've had new counsel take on their case
[01:53:11.300 --> 01:53:26.100]  since the foreclosure so the true foreclosure law firm is no longer handling the case so we
[01:53:26.100 --> 01:53:35.140]  had to be to make sure both parties were involved and the judge knows that the bank was notified
[01:53:35.140 --> 01:53:39.540]  because at the argument hearing he made it a point to tell us that well maybe they're
[01:53:39.540 --> 01:53:44.180]  later maybe they forgot he even had them call and with no response
[01:53:45.780 --> 01:53:51.220]  there's judge this goes to politics the judge is not going to be pleased with that
[01:53:53.220 --> 01:53:58.500]  I am the judge don't ignore me or I will cut a button off your shirt
[01:54:00.740 --> 01:54:08.340]  yeah we went to the hearing we went to a hearing for the for the quiet title they sent us a paper
[01:54:08.340 --> 01:54:15.140]  telling us to be there on a certain day and the attorney sent us a paper to be there two days
[01:54:15.140 --> 01:54:22.100]  before that only after the two days had passed we showed up on the day the court gave us and the
[01:54:22.100 --> 01:54:28.740]  judge said oh we already decided on that and gave them the the case but I see here that you have
[01:54:28.740 --> 01:54:32.180]  a paper that says to be here on this day we're going to have to redo this
[01:54:32.180 --> 01:54:36.740]  and that should have got a bar grievance against counsel
[01:54:38.340 --> 01:54:42.180]  well if we're interesting how he could give them the case in a day
[01:54:43.380 --> 01:54:48.580]  and and now we've they've done the same thing right here and he hasn't given me the case
[01:54:50.900 --> 01:54:56.900]  that's because you're pro se yeah of course now that may not be right
[01:54:56.900 --> 01:55:05.780]  but that's how it is in the world I live in yeah but you may have them boxed into a corner
[01:55:08.500 --> 01:55:14.260]  and you know they just may be running out of motivation here
[01:55:17.220 --> 01:55:23.460]  I thought that was me that that's what they try to do to you and you may well be doing it to them
[01:55:23.460 --> 01:55:30.100]  especially if you're bar grieving their attorneys they are going to get tired of hiring new counsel
[01:55:30.100 --> 01:55:36.740]  because each counsel is going to charge them more money because they know why they lost last counsel
[01:55:38.660 --> 01:55:41.380]  okay I do have one more caller do we have anything else
[01:55:42.260 --> 01:55:52.500]  or have I answered your issues you have answered my issues as expected okay thank you and give them
[01:55:52.500 --> 01:56:00.580]  hell harry thanks Randy I appreciate it okay thank you Chris okay now we're going to Jeff
[01:56:01.220 --> 01:56:10.500]  in Mississippi hello Jeff what do you have for us today hey Randy thanks for having me on
[01:56:11.300 --> 01:56:21.060]  I just had a hearing for unemployment I've been terminated for my job and I think that I actually
[01:56:21.060 --> 01:56:29.140]  did pretty well probably better than I've ever done with any hearing before before the hearing
[01:56:29.140 --> 01:56:36.740]  I had contacted my former employer and had asked them to send me my employee file and all the
[01:56:36.740 --> 01:56:43.860]  documentation and they never did and then when they started to speak at the teleconference hearing
[01:56:43.860 --> 01:56:49.540]  I kept shutting them down telling the judge that they have never supplied any documentation
[01:56:49.540 --> 01:56:59.860]  and I know nothing about unemployment law or employment law I wanted to see what you thought
[01:56:59.860 --> 01:57:07.780]  about shutting them down because they didn't supply any documentation well I say and I'm sure
[01:57:07.780 --> 01:57:18.580]  okay employment law is what kind of court was this was this a special court for employment issues
[01:57:19.460 --> 01:57:25.380]  was it a I don't know okay you need to find out this may have been an administrative court
[01:57:26.660 --> 01:57:33.940]  and but in any case these are civil issues and they expect both sides to be civil
[01:57:33.940 --> 01:57:45.780]  and provide the information necessary so each party can bring a proper claim before the court
[01:57:47.540 --> 01:57:54.260]  oh spoilation right spoilation across your forehead
[01:57:54.260 --> 01:58:03.140]  this went to spoilation okay we are out of time I'm sorry call me
[01:58:04.180 --> 01:58:10.500]  we can talk about this off the air we can have fun with with spoilation okay this is Randy
[01:58:10.500 --> 01:58:17.700]  Kelton rule of all radio we'll be back tomorrow night for our four hour info marathons a matter
[01:58:17.700 --> 01:58:23.140]  of fact Jeff if you call back tomorrow night I'll push you up to the top and we can go over
[01:58:23.140 --> 01:58:29.540]  spoilation something I'd like to talk about on the air so we'll be back tomorrow night have a look
[01:58:29.540 --> 01:58:36.260]  at uh logos radio network and order our e-book and help us support this network and keep it going
[01:58:36.980 --> 01:58:40.980]  we'll be back we'll be back tomorrow night thank you for listening and good night
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