ROL_2018-06-22_16k_Hr1-2.timecode

[00:15.000 --> 00:23.440]  into the tides of the alternative.
[00:23.440 --> 00:29.980]  Markets for the 11th of April, 2018, closed with gold at $1,353.22 an ounce, silver $1,600
[00:29.980 --> 00:38.320]  at $15.68 an ounce, Texas crude at $65.51 a barrel, bitcoins at $6,902.19, ethereum
[00:38.320 --> 00:55.320]  at $420.80, bitcoin cash at $652.90, and finally litecoins at $114.34, a crypto coin.
[00:55.320 --> 01:01.000]  Today in history, the year? 1968. President Lyndon Johnson signs the Civil Rights Act
[01:01.000 --> 01:06.480]  of 1968, which prohibited private businesses from discriminating based on race, color, religion,
[01:06.480 --> 01:11.200]  sex, or national origin. It also prohibited unequal application of voter registration
[01:11.200 --> 01:16.500]  requirements, racial segregation in public schools and employment, and public accommodations
[01:16.500 --> 01:23.720]  for places of business. Today in history.
[01:23.720 --> 01:27.760]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:27.760 --> 01:32.040]  on civilians in the city of Douma, which left 40 dead and many injured. An attack which
[01:32.040 --> 01:36.480]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:36.480 --> 01:41.240]  United States, and on Israel by Russia. Either accusatory narrative without any verified
[01:41.240 --> 01:46.040]  evidence, as of yet. President Trump tweeted today, Wednesday, that if, quote, Russia vows
[01:46.040 --> 01:50.160]  to shoot down any and all missiles fired at Syria, get ready Russia, because they will
[01:50.160 --> 01:54.760]  be coming in nice and new and smart. Going on to warn Russia that you shouldn't be partners
[01:54.760 --> 01:59.200]  with a gas killing animal who kills his people and enjoys it. Many in the West, including
[01:59.200 --> 02:04.280]  President Trump, have been quick to conclude that this chemical attack must have been conducted
[02:04.280 --> 02:09.400]  by Assad and his forces. Syria and Russia, on the other hand, have given approval since
[02:09.400 --> 02:13.760]  yesterday for the Organization for the Prohibition of Chemical Weapons to investigate the site
[02:13.760 --> 02:17.800]  of the chemical slaughter. Assad has been successful in maintaining rule and support
[02:17.800 --> 02:22.000]  during Syria's seven-year civil war, a civil war that is being fought by the government
[02:22.000 --> 02:27.440]  of Syria and anti-Assad Syrian rebels that are openly being funded by Western governments,
[02:27.440 --> 02:31.160]  with ISIS being one of the more notorious splinter groups of the American-backed Syrian
[02:31.160 --> 02:36.960]  rebels. No surprise, then, why Russian Foreign Minister spokeswoman, Mirya Zakova, posted
[02:36.960 --> 02:41.360]  on Facebook that smart missiles should be fired at terrorists and not at a legitimate
[02:41.360 --> 02:46.020]  government which has been fighting terrorists. Or is this a trick to destroy all traces with
[02:46.020 --> 02:50.000]  a smart missile strike and then there will be no evidence for international inspectors
[02:50.000 --> 03:19.280]  to look at?
[03:20.000 --> 03:39.160]  Okay, howdy, howdy. Randy Kelton with Rule of Law Radio on this Friday, the 22nd day
[03:39.160 --> 03:50.280]  of June 2018. And I have the phone lines open and it looks like I have callers on already.
[03:50.280 --> 03:58.800]  Talked last night about doing some segments for the purpose of breaking them out into
[03:58.800 --> 04:03.480]  archives that we could then load on YouTube and such, but I pretty well decided it's probably
[04:03.480 --> 04:11.760]  better if I do that off the air so that I have a cleaner presentation. So I'm not gonna
[04:11.760 --> 04:16.980]  waste your guys' time with me doing some presentations on the basics that you've probably heard a
[04:16.980 --> 04:23.640]  number of times. We do have a caller on the board already. So I will go ahead and go to
[04:23.640 --> 04:27.320]  our first caller, Tina in California. Hello, Tina.
[04:27.320 --> 04:34.160]  Hello, how are you? Okay, I'm having a little trouble. You wanna
[04:34.160 --> 04:40.960]  try that again? Okay, hold on. Let me take it off the Bluetooth.
[04:40.960 --> 04:44.040]  Can you hear me now? Much better.
[04:44.040 --> 04:52.040]  Okay, wonderful. Well, I have a question based a little bit on what you were talking about
[04:52.040 --> 05:00.920]  last night in regards to declarations and when you're asking for discovery questions
[05:00.920 --> 05:14.280]  and such like. What can you do when an entity just says basically that everything's...
[05:14.280 --> 05:25.880]  The words they use, when they're talking about, I'm trying to think how they announce it.
[05:25.880 --> 05:34.440]  They don't understand everything basically. They're saying that trying to figure out how
[05:34.440 --> 05:41.120]  they put it. When they won't answer your questions, they just say they don't understand them.
[05:41.120 --> 05:52.240]  Is this in discovery? Yeah, I put in some questions and this person
[05:52.240 --> 05:58.640]  put in the declaration in support of, and they just kept saying basically they didn't
[05:58.640 --> 06:08.080]  understand what the word debt meant. They didn't understand what a debtor was, all these
[06:08.080 --> 06:13.880]  kind of things. Okay, that's easy enough. First thing you
[06:13.880 --> 06:22.520]  do is file a bar grievance against them, and then you file a motion to compel discovery.
[06:22.520 --> 06:27.060]  If they don't understand... I'm not allowed that. We've lost that chance,
[06:27.060 --> 06:34.000]  but I wanted to file to get a... I wanted to know what I could do because they said
[06:34.000 --> 06:41.040]  everything is... Oh, here's one. Responding party objects to this request because the
[06:41.040 --> 06:53.440]  terms original creditor and debt are vague and ambiguous. Everything was vague and ambiguous.
[06:53.440 --> 07:02.840]  The solution to that is to file a motion to compel discovery. If you're past that discovery
[07:02.840 --> 07:07.000]  in the case, that may be difficult. At what point are you in the case?
[07:07.000 --> 07:16.600]  Well, this is... I'm in the appellate court right now, the California Supreme Court, but
[07:16.600 --> 07:25.840]  this was in a related but slightly separate case, and it was their counsel that was answering
[07:25.840 --> 07:33.160]  this, and I didn't understand at the time what I could do because I was pro se and I
[07:33.160 --> 07:38.520]  hadn't known enough. You know my case a little bit. I've sent you some of the stuff.
[07:38.520 --> 07:47.160]  Yeah, yes, and you have definitely raised the bar. So how about just go back and file
[07:47.160 --> 07:56.400]  a malpractice suit against the attorneys? For whatever they cost you. At the end of
[07:56.400 --> 08:01.080]  the day, this all goes before jury.
[08:01.080 --> 08:06.240]  So I could file a malpractice suit against the opposing party?
[08:06.240 --> 08:07.240]  Absolutely.
[08:07.240 --> 08:11.160]  Oh, I like that idea.
[08:11.160 --> 08:18.680]  Oh, and that will sting them big time because it's bad enough to file a bar grievance on
[08:18.680 --> 08:24.280]  them. That hurts them, but a malpractice suit is much worse.
[08:24.280 --> 08:32.160]  You know the one I sent you? I filed against a certain party and you did a little editing
[08:32.160 --> 08:37.400]  and correcting for me, which I'm going to take that to the Supreme Court. They've actually
[08:37.400 --> 08:44.280]  told me I could file one with them, but the attorney knew about it, and when he was on
[08:44.280 --> 08:50.480]  the phone not too long ago with my counsel, because I told my then counsel, who I don't
[08:50.480 --> 08:55.080]  have anymore, that he could not be on the phone with them without me being there. I
[08:55.080 --> 09:01.600]  wanted to listen to what they said, and he just condescendingly, this attorney said,
[09:01.600 --> 09:08.280]  he accused me of recording the call. He said, I don't want her recording this call, and
[09:08.280 --> 09:10.640]  I don't want to talk like her recording it.
[09:10.640 --> 09:17.720]  I said, stop accusing me of something I haven't done. And he said, I said, you can't do anything.
[09:17.720 --> 09:22.360]  I said, well, we'll see about that. He said, well, all your other complaints have not gone
[09:22.360 --> 09:25.440]  anywhere, so see what another one will do.
[09:25.440 --> 09:29.840]  Oh, wonderful. Do you have that recorded?
[09:29.840 --> 09:36.560]  No, because he told me right off the bat that with my attorney on the phone that I couldn't
[09:36.560 --> 09:40.000]  record the call, and he wouldn't give up recording the call.
[09:40.000 --> 09:44.360]  The legal definition of what that is is horse manure.
[09:44.360 --> 09:49.200]  Oh, so I can record the call.
[09:49.200 --> 09:52.440]  You can record the call, and you don't have to tell him.
[09:52.440 --> 09:57.160]  But I thought in California we had to.
[09:57.160 --> 10:09.560]  No, the only state I know of that has that is Pennsylvania. It might come as a horrible
[10:09.560 --> 10:15.600]  surprise to you, but there is a chance if you're talking to a lawyer, there's a good
[10:15.600 --> 10:18.240]  chance he'll lie to you.
[10:18.240 --> 10:23.080]  I know you'd be devastated by that, but there is a good chance.
[10:23.080 --> 10:26.080]  I'd be totally shocked falling off the chair, wouldn't I?
[10:26.080 --> 10:33.280]  What you do is you record them, and if there's any question about whether you can record
[10:33.280 --> 10:38.320]  them or not record them. See, even in Pennsylvania, it's a felony to secretly record somebody,
[10:38.320 --> 10:44.360]  but only if you use that recording to harm them.
[10:44.360 --> 10:49.600]  If you record them and then throw it in the trash, no harm, no foul. So whenever you make
[10:49.600 --> 10:54.480]  a recording, first thing you should do is transcribe it. And there are programmers out
[10:54.480 --> 10:57.160]  there that'll do that.
[10:57.160 --> 11:04.000]  One of my favorite times on the witness stand, lawyers asking me real specific questions
[11:04.000 --> 11:10.980]  about what had occurred with a business partner of mine who had passed away. He was ill with
[11:10.980 --> 11:16.880]  cancer and wanted me to pick up his business so I could preserve it for his children. And
[11:16.880 --> 11:20.320]  it was his children who sued me.
[11:20.320 --> 11:30.500]  So the lawyer is asking me about what was said four years ago, and I'm telling him exactly
[11:30.500 --> 11:38.240]  what was said. And he's getting frustrated. He said, Mr. Kelton, you must have a perfect
[11:38.240 --> 11:43.600]  memory. No, I have horrible memory. And I could see the judge out of the corner of my
[11:43.600 --> 11:44.600]  eye.
[11:44.600 --> 11:50.040]  He ducked his head, put his head in his hand, and he can see what's coming. This lawyer
[11:50.040 --> 11:55.720]  said, if you have a horrible memory, how do you know this is correct? How do you know
[11:55.720 --> 12:03.240]  this is what was actually said? Well, I took that from the transcript. And the lawyer said,
[12:03.240 --> 12:04.240]  what transcript?
[12:04.240 --> 12:09.840]  And I can see the judge shaking his head, no, no, no, don't ask that question. I said,
[12:09.840 --> 12:16.080]  oh, the transcript from the recording that I made. Objection, objection, I withdraw the
[12:16.080 --> 12:23.640]  recording. The judge said, no, no, counselor, you opened that door. Mr. Kelton gets to walk
[12:23.640 --> 12:34.200]  through it. I made the recording, but I did not use the recording. I used the transcript.
[12:34.200 --> 12:40.460]  Now if they want to object to the transcript, then I can bring the recording in as proof.
[12:40.460 --> 12:44.840]  So if there's any question about you're being able to record them, don't tell them you're
[12:44.840 --> 12:51.040]  recording them. If they ask, say absolutely not. Then make a transcript.
[12:51.040 --> 12:57.360]  Oh, gosh, I did not know that that is great information.
[12:57.360 --> 13:03.480]  Yeah, and if there's any question about, like if it was Pennsylvania, I would say, they
[13:03.480 --> 13:08.480]  would say, well, how do you know this is correct? Well, I sat down right after the conversation
[13:08.480 --> 13:17.640]  and wrote all of this down. That's better than a recording.
[13:17.640 --> 13:25.220]  Written statements better than a recording. It doesn't seem, written sworn testimony doesn't
[13:25.220 --> 13:34.840]  even seem to phase the court here if you're- Well, that's because it's your job. If they
[13:34.840 --> 13:46.880]  falsify testimony, the court is there to litigate the issues before it. If someone commits a
[13:46.880 --> 13:53.240]  crime in the court, then you're witness to the crime. How many criminal charges have
[13:53.240 --> 13:58.480]  you filed against the lawyer on the other side?
[13:58.480 --> 14:05.240]  None yet. I tried to go to the state attorney general and they basically said, nobody cares,
[14:05.240 --> 14:09.800]  they said. Nobody cares. Oh, good. Okay. Then you're not familiar
[14:09.800 --> 14:18.600]  with the routine we've run on them. You actually have a good grand jury system in California.
[14:18.600 --> 14:25.160]  And that's why everyone struggles so hard to keep you from getting to the grand jury.
[14:25.160 --> 14:33.000]  So I have this little routine we've run on them. If you go into court and opposing counsel
[14:33.000 --> 14:43.120]  or opposing party misrepresents the truth to the judge, or if counsel threatens you.
[14:43.120 --> 14:50.320]  If counsel says anything, you can interpret as a threat. Charge him with witness tampering.
[14:50.320 --> 14:58.360]  You're the litigant. He's gotta be careful. So when I go into court, and for the most
[14:58.360 --> 15:05.760]  part in the area of Texas where I live, everybody knows that, all the courts know that now.
[15:05.760 --> 15:10.680]  Everything I'm doing is about setting them up so I can file criminal charges against
[15:10.680 --> 15:21.280]  them. Now that's the word and it's true, I am. It goes to one of my rules and the rule
[15:21.280 --> 15:29.280]  says, never ask a public official to do anything you actually want them to do. Because you
[15:29.280 --> 15:35.900]  never ask a public official to do anything that the law does not command them to do.
[15:35.900 --> 15:48.720]  So you need to look at the Criminal Procedure Code in California on Duties of Officers.
[15:48.720 --> 15:56.520]  In Texas, if a prosecuting attorney is made known in any manner that a public official
[15:56.520 --> 16:00.200]  has violated a law relating to his office, he shall reduce complaint and information
[16:00.200 --> 16:08.120]  submitted to the grand jury, Article 2.03. 2.13 Code of Criminal Procedure says that
[16:08.120 --> 16:14.880]  it is the duty of a police officer to enforce the law by all legal means. He shall give
[16:14.880 --> 16:22.480]  notice to some magistrate of all crimes committed in his side of presence or something to that
[16:22.480 --> 16:23.480]  effect.
[16:23.480 --> 16:26.760]  He has a duty to give notice to a magistrate when he has knowledge that a crime's been
[16:26.760 --> 16:32.560]  committed. And a magistrate has a duty to hold an examining trial. So that'll be right
[16:32.560 --> 16:37.560]  in the front of the Criminal Procedure Code in California. Hang on, we'll pick this up
[16:37.560 --> 16:46.440]  on the other side. Randy Kelton, Rule of Law Radio, our call-in number, 512-646-1984.
[16:46.440 --> 16:51.280]  We have a full board of callers already, so wait till someone drops off. We can only hold
[16:51.280 --> 16:55.960]  four on the board at one time. So when someone drops off, then you can call in. We'll be
[16:55.960 --> 16:59.960]  right back.
[17:25.960 --> 17:32.960]  We'll be right back.
[17:55.960 --> 18:02.960]  We'll be right back.
[18:25.960 --> 18:32.960]  We'll be right back.
[18:55.960 --> 19:03.960]  We'll be right back.
[19:25.960 --> 19:35.320]  We are back. Randy Kelton, Rule of Law Radio on this Friday, the 22nd day of June 2018.
[19:35.320 --> 19:40.800]  And we're talking to Tina in California. And there's probably a place I should start that
[19:40.800 --> 19:46.560]  will help with these issues in the future.
[19:46.560 --> 19:54.520]  Before I go to the remedies, there are a few rules I have over the years developed to help
[19:54.520 --> 20:04.280]  guide people in preparing documentation. And first rule is never use pronouns. Avoid pronouns
[20:04.280 --> 20:12.520]  like the plague. And you have a lawyer who's a perfect example of this. It is the job of
[20:12.520 --> 20:22.460]  the lawyer to misconstrue anything he possibly can that's filed by the opposing party.
[20:22.460 --> 20:29.120]  Anytime you use a pronoun, the lawyer will deliberately misapply the pronoun. It's their
[20:29.120 --> 20:41.540]  job. Never use acronyms. Acronyms always open the door for confusion and misconception.
[20:41.540 --> 20:49.640]  And anytime you write a document, if you use an acronym, always the reader. The reader's
[20:49.640 --> 20:55.300]  reading the content on one level. And when it comes to an acronym, even if they're pretty
[20:55.300 --> 21:00.360]  sure what it is, another part of the mind stops and says, wait a minute, let's make
[21:00.360 --> 21:10.860]  sure, RESPA, let's make sure it actually says, LISP-R-S-P-C-A. And probably the best one
[21:10.860 --> 21:22.020]  is the, what is it, the Fair Debt Collections Practices Act. And there's Fair Debt Collections
[21:22.020 --> 21:30.600]  Practices Act. There is the Fair Credit Reporting Act. There's two or three of them with similar
[21:30.600 --> 21:37.960]  names. Just a couple letters are different. And the brain always has to stop and check
[21:37.960 --> 21:43.240]  each one of those to make sure that what they thought it was when they first looked at it
[21:43.240 --> 21:45.400]  is actually what it is.
[21:45.400 --> 21:51.540]  99% of the time, that's gonna be the case, but it still stops the reader. They have to
[21:51.540 --> 21:59.360]  stop and check it. So if I use an acronym, I tend to only use it in a sentence where
[21:59.360 --> 22:06.560]  I've already used the proper name, like Real Estate Settlement Procedures Act. And if I
[22:06.560 --> 22:12.680]  wind up using the acronym later in the sentence, where I would use Real Estate Settlement Procedures
[22:12.680 --> 22:22.360]  Act again, then I come back and put in parentheses RESPA. And then I can put RESPA in the sentence.
[22:22.360 --> 22:31.160]  And this is not so much for the reader as it is to prevent the lawyer from misconstruing
[22:31.160 --> 22:38.520]  what I'm writing. Proper names, if I use a proper name 10 times in a paragraph, I don't
[22:38.520 --> 22:47.440]  care. And you will see that in careful legal writing. Proper names, okay, when a person
[22:47.440 --> 22:54.880]  reads a word that's familiar to them, like real estate.
[22:54.880 --> 23:04.080]  We look at real estate and we don't read real, R-E-A-L space, E-S-T-A, we don't do that.
[23:04.080 --> 23:09.480]  We look at it and we recognize it like we recognize a Chevrolet. That's why sometimes
[23:09.480 --> 23:14.680]  you can look at a word and you know that word is not spelled right, but it's not clear to
[23:14.680 --> 23:21.520]  you immediately what's wrong with it. And that's because we tend to make pictures of
[23:21.520 --> 23:28.680]  words. We know what the word looks like. And we look at this one, yeah, just don't look
[23:28.680 --> 23:32.040]  right. It takes you a little bit to figure out what it is.
[23:32.040 --> 23:37.520]  So when you're reading, the mind sees the word and recognizes. So if it says Real Estate
[23:37.520 --> 23:42.160]  Settlement Procedures Act, the reader sees that and even though it takes a while to type
[23:42.160 --> 23:50.040]  it all, it only takes one mental clip to read it all because they see it like a photograph.
[23:50.040 --> 23:53.800]  And they step right over it. The only time they notice it is if you use it something
[23:53.800 --> 23:58.080]  long like that twice in a sentence, they may notice, well, that was a little bit redundant,
[23:58.080 --> 24:04.120]  but it doesn't interfere with the understanding of the content.
[24:04.120 --> 24:11.400]  So when I'm doing legal documentation, I'm always looking for how can the reader misconstrue
[24:11.400 --> 24:23.920]  what I'm saying. Or how will a pronoun cause the reader to have to stop and go back and
[24:23.920 --> 24:31.360]  say okay, he, there's more than one male in person. There's the male lawyer, the male
[24:31.360 --> 24:36.120]  litigant, the male judge. Which one is he referring to?
[24:36.120 --> 24:43.960]  We always, there's a part of our brain that goes back and mentally checks. So if it's
[24:43.960 --> 24:50.040]  any way I can, I avoid that because I don't want to give, to allow the reader to come
[24:50.040 --> 24:57.120]  to a wrong conclusion even by mistake. Those two will protect you a lot. And the other
[24:57.120 --> 25:05.200]  one is we don't speak English in court. We speak an English dialect called the legal
[25:05.200 --> 25:16.000]  ease. And when you use, if I had filed something with this in the court and the lawyer picked
[25:16.000 --> 25:23.560]  me apart on the definitions of terms, then you shift gears.
[25:23.560 --> 25:30.000]  Every time you use a term in parentheses behind it, put the definition, your definition of
[25:30.000 --> 25:37.880]  it, what it means here. And that'll break him from sucking eggs because when you get
[25:37.880 --> 25:44.480]  one of his documents, then you object to the document as unclear as he's using these terms
[25:44.480 --> 25:50.960]  that are clearly terms of art like debt collector. Debt collector's not a term we use in the
[25:50.960 --> 25:56.800]  common language. We only use that term when we're speaking to law. Define every one of
[25:56.800 --> 26:04.760]  them. I have a motion that we file. I call it my mother Hubbard motion. And in that motion,
[26:04.760 --> 26:16.000]  we request that opposing party be required to define all terms of art. So they don't
[26:16.000 --> 26:22.460]  get to play this game of using a word in one context and then implying it means something
[26:22.460 --> 26:30.040]  else. Define it. And I'll define mine and you define yours and we won't have this problem.
[26:30.040 --> 26:36.880]  Okay. That's kind of a basic general. That'll kind of keep you out of trouble. There's one
[26:36.880 --> 26:44.640]  other thing I do when I create documents is normally this is not done in legal documents,
[26:44.640 --> 26:53.200]  but with the current move toward e-filing, this is a very powerful addition. If you use
[26:53.200 --> 27:01.040]  Microsoft Word, when you open Microsoft Word, you go up to the top ribbon. The third section
[27:01.040 --> 27:12.360]  over is a style section. Every time you change what you're talking about, even slightly,
[27:12.360 --> 27:19.880]  set a heading on it. I generally have a heading on every paragraph. On rare occasions, I'll
[27:19.880 --> 27:27.400]  have two paragraphs that are so closely connected together that a heading would be disruptive.
[27:27.400 --> 27:35.000]  A heading adds white space to the document. You open these lawyer's documents and it's
[27:35.000 --> 27:43.520]  a full page of nothing but text. Human beings don't do that well. We get lost inside the
[27:43.520 --> 27:49.800]  text. We lose our place and we have to back up to make sure we haven't jumped over something.
[27:49.800 --> 27:56.080]  Every time I change what I'm talking about, I have one up here about constitution. I was
[27:56.080 --> 28:00.880]  going to do a presentation on constitution and every single paragraph has a separate
[28:00.880 --> 28:08.120]  heading on it. A paragraph is where you shift gears slightly. Every time I shift gears,
[28:08.120 --> 28:15.000]  I have a marker. Someone can open my document and if they read something and they think,
[28:15.000 --> 28:19.960]  I've addressed this before, they can go up and look at the headings and tell if I have
[28:19.960 --> 28:28.760]  or not. When you're writing a complex document, one of the things we tend to wind up doing
[28:28.760 --> 28:35.000]  is arguing the same issue two or three different times in two or three different places and
[28:35.000 --> 28:44.480]  we wind up arguing them differently. I found this in lots of legal documents and it's confusing.
[28:44.480 --> 28:49.880]  When a lawyer takes a stance on an issue, he needs that stance to be consistent. If
[28:49.880 --> 28:58.800]  you put a heading on every paragraph and you use the style sheet to do that with, then
[28:58.800 --> 29:05.320]  the word will use those headings to create a table of contents. If you're doing an appeal
[29:05.320 --> 29:09.900]  to the court of appeals or to the supreme or something, this will automatically create
[29:09.900 --> 29:18.060]  a complete table of contents for you. Also, you can hit view navigation pane and it pops
[29:18.060 --> 29:25.160]  up a little box with a table of contents in it. So as I'm moving down this complex document
[29:25.160 --> 29:31.120]  and I add headings, every once in a while I'm sure you've written some complex documents,
[29:31.120 --> 29:36.120]  you know that you will start to argue something and say, wait a minute, wait a minute, I've
[29:36.120 --> 29:41.080]  already talked about that and you go back searching for where you talked about it. Well,
[29:41.080 --> 29:45.200]  with this navigation pane, you pop it up and you just go down it and check your headings
[29:45.200 --> 29:48.120]  on your paragraphs and you'll find it very quickly.
[29:48.120 --> 29:54.440]  I find headings that may not be exactly the same, but they're so close to being the same
[29:54.440 --> 30:01.000]  that I need to go back and check. Hang on, about to go to break. We'll be right back.
[30:01.000 --> 30:05.580]  Cellphones are an indispensable part of modern life. Nearly 90% of adults and three quarters
[30:05.580 --> 30:10.480]  of teens now have one. But are cell phones really safe? I'm Dr. Catherine Albrecht and
[30:10.480 --> 30:40.040]  I'll be right back with
[30:40.040 --> 31:09.880]  your
[31:09.880 --> 31:14.880]  And before you buy your next phone, check its SAR rating to see how much exposure you're
[31:14.880 --> 31:15.880]  getting.
[31:15.880 --> 31:18.040]  Obviously, the less the better.
[31:18.040 --> 31:19.560]  This is Dr. Catherine Albrecht.
[31:19.560 --> 31:22.040]  More news and information at CatherineAlbrecht.com.
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[32:13.120 --> 32:16.320]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.320 --> 32:20.360]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.360 --> 32:24.200]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
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[32:29.560 --> 32:33.320]  most comprehensive teaching tool available that will help you understand what due process
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[33:01.040 --> 33:08.720]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[33:08.720 --> 33:28.400]  Yes, I got a warrant and I gonna serve them, to the head of the government, prosecute them.
[33:28.400 --> 33:29.400]  Okay.
[33:29.400 --> 33:34.520]  We are back, Randy Kelton, Rule of Law Radio, and we're talking to Tina in California.
[33:34.520 --> 33:37.280]  Tina, did all that stuff make sense?
[33:37.280 --> 33:44.840]  Yeah, it was very good, some very good tips there, and I'd like to ask you, going back
[33:44.840 --> 33:52.080]  to those responses, if I go, I know it's been a while since I did this and I can still file
[33:52.080 --> 33:57.200]  a law grievance, which I'd like to, and I'd like to go through, you know, with all of
[33:57.200 --> 34:02.920]  them and do the criminal charges, if that's possible, but I want to read you a couple
[34:02.920 --> 34:08.240]  of their answers to see if where I'm going, you know, has validity.
[34:08.240 --> 34:15.200]  So, on one of my requests, I put, admit that defendant has not verified the accounting
[34:15.200 --> 34:20.040]  of the alleged debt with a first-hand witness to the accounting from the inception of the
[34:20.040 --> 34:21.040]  alleged debt.
[34:21.040 --> 34:26.080]  Now, I know I haven't written it as well as you would, but this was before I started learning,
[34:26.080 --> 34:27.080]  like I do.
[34:27.080 --> 34:34.360]  My response was responding party objects to this request because the term verified, accounting,
[34:34.360 --> 34:37.520]  and debt are vague, ambiguous, and unintelligible.
[34:37.520 --> 34:43.400]  Notwithstanding said objection, responding party responds as follows.
[34:43.400 --> 34:50.120]  Responding party lacks information and belief regarding the request and therefore denies.
[34:50.120 --> 34:58.040]  Well, if they're the trustee, how can they verify a debt that they have no information
[34:58.040 --> 35:00.040]  and belief on?
[35:00.040 --> 35:07.040]  Then that's essentially an admission that they did not properly verify the debt.
[35:07.040 --> 35:08.040]  That's what I thought.
[35:08.040 --> 35:12.760]  Now, the second one is kind of funny.
[35:12.760 --> 35:16.720]  I mean, all of them, if you saw them, you would just laugh.
[35:16.720 --> 35:25.620]  I put, admit that the foreclosure trustee is legally required to act as a neutral party
[35:25.620 --> 35:31.680]  on behalf of both the lender and the borrower while conducting foreclosure proceedings in
[35:31.680 --> 35:35.280]  good faith and in accordance with the law.
[35:35.280 --> 35:41.360]  Responding party objects to this request because it calls for a legal conclusion.
[35:41.360 --> 35:43.520]  They are attorneys, by the way.
[35:43.520 --> 35:44.520]  They're right.
[35:44.520 --> 35:46.800]  They are right on that.
[35:46.800 --> 35:51.400]  So only a judge can give that conclusion?
[35:51.400 --> 35:59.580]  Well, a lawyer can give a legal conclusion, but he can't be compelled to admit to a legal
[35:59.580 --> 36:03.840]  conclusion.
[36:03.840 --> 36:05.600]  You can only ask him to admit to facts.
[36:05.600 --> 36:10.240]  Is that a way to, what is that or not?
[36:10.240 --> 36:18.280]  Had you taken out the reference to act as a neutral party, that's what he had to make
[36:18.280 --> 36:20.900]  a legal conclusion on.
[36:20.900 --> 36:33.480]  Had you left that out and said the trustee had a duty to act in accordance with law,
[36:33.480 --> 36:37.200]  that's not something that's open for conclusion.
[36:37.200 --> 36:44.440]  But be very careful with your, especially your admissions.
[36:44.440 --> 36:48.800]  You're limited in the number of admissions that you can request.
[36:48.800 --> 36:58.640]  So you make up all of the admissions you can think of and then you look at your case and
[36:58.640 --> 37:05.920]  look at those admissions that would be critical to your arguments and then go strike any that
[37:05.920 --> 37:08.980]  aren't critical to your arguments.
[37:08.980 --> 37:16.600]  And then when you have the admissions completed, just the ones you want to file, the last thing
[37:16.600 --> 37:20.220]  you do is shuffle them.
[37:20.220 --> 37:26.800]  If you keep your admissions in the order in which you came up with them, then the lawyer
[37:26.800 --> 37:34.560]  can go down the admissions and pretty well walk down your thinking process.
[37:34.560 --> 37:37.800]  So shuffle them.
[37:37.800 --> 37:42.520]  Makes it much more difficult for the lawyer to figure out what you're really after.
[37:42.520 --> 37:49.960]  And especially if you think in terms of declaratory judgment.
[37:49.960 --> 37:57.540]  Declaratory judgment is something that the lawyers and the judges don't really well understand.
[37:57.540 --> 38:01.760]  It's a relatively recent addition to law.
[38:01.760 --> 38:05.020]  After 200 years, you could only invoke the subject matter jurisdiction of the court if
[38:05.020 --> 38:07.560]  you were harmed.
[38:07.560 --> 38:09.360]  But not so anymore.
[38:09.360 --> 38:13.880]  Now you can invoke the subject matter jurisdiction of the court for the purpose of declaring
[38:13.880 --> 38:16.600]  the rights of the parties.
[38:16.600 --> 38:27.360]  So when you're writing admissions, think of what issues would I like to get a declaratory
[38:27.360 --> 38:29.880]  judgment ruling on?
[38:29.880 --> 38:37.080]  For instance, I think it's 1214 property code in California that essentially says that any
[38:37.080 --> 38:40.980]  claim against real property, not properly acknowledged or proven and filed in the records
[38:40.980 --> 38:44.400]  voids to the holder.
[38:44.400 --> 38:47.520]  California law says that a little bit different, but it goes to the same thing.
[38:47.520 --> 38:54.480]  If you have a claim, and even if it's a valid claim, if you have not properly filed that
[38:54.480 --> 38:58.560]  in the public record, then it's void.
[38:58.560 --> 39:06.720]  And properly filing means you had to have some document in the record that showed that
[39:06.720 --> 39:11.680]  you had authority to file this document.
[39:11.680 --> 39:16.240]  So that's the kind of thing you can get a declaratory judgment on.
[39:16.240 --> 39:23.580]  So you look at that and say, if I filed a petition for declaratory judgment, what would
[39:23.580 --> 39:27.440]  I want the judge to rule?
[39:27.440 --> 39:37.340]  And where I like to go to is admit that there is no document in the county recorder's office
[39:37.340 --> 39:46.400]  showing that the filer of this assignment had authority to file said assignment.
[39:46.400 --> 39:52.680]  That is pretty straightforward, and it's right square on code.
[39:52.680 --> 40:03.960]  And this, you're not, so you, so you ask him to admit or deny, and that puts it there is
[40:03.960 --> 40:12.640]  if I can ask this question to clarify it, let's take the notice, transfer of debt, what
[40:12.640 --> 40:15.260]  it's called, corporate assignment of trustees.
[40:15.260 --> 40:25.320]  That it's signed by X party as attorney in fact for B party, and yet there's no attorney
[40:25.320 --> 40:27.880]  in fact papers filed with that.
[40:27.880 --> 40:30.600]  Is that the kind of thing you're asking, saying?
[40:30.600 --> 40:35.560]  Yeah, I use that as an example because in foreclosure cases, this is very often the
[40:35.560 --> 40:36.560]  case.
[40:36.560 --> 40:39.260]  It is in my case.
[40:39.260 --> 40:47.840]  If there is no evidence of power of attorney in the record, the fact that a lawyer claims
[40:47.840 --> 40:54.080]  that he is attorney in fact is insufficient.
[40:54.080 --> 40:59.960]  It's sufficient if you accept it on its face, but if you challenge it, then he has to prove
[40:59.960 --> 41:03.800]  up power of attorney.
[41:03.800 --> 41:08.920]  And we have new law in Texas that requires evidence of power of attorney, and if I remember
[41:08.920 --> 41:13.240]  it, that's required in California as well.
[41:13.240 --> 41:18.280]  It's one of those things that's required, but for the most part, lawyers never mess
[41:18.280 --> 41:20.800]  with it.
[41:20.800 --> 41:24.960]  Lawyers don't challenge the lawyer on the other side because he doesn't want that lawyer
[41:24.960 --> 41:30.520]  challenging him, that way they don't have to bother with all this extra filing.
[41:30.520 --> 41:36.340]  You're not a lawyer, you're a pro se, so you don't care what you disrupt or what kind of
[41:36.340 --> 41:46.200]  unwritten rules you break, so look at the key elements of an issue.
[41:46.200 --> 41:54.160]  Look at issues that would, if ruled in your favor, would disrupt the argument or the position
[41:54.160 --> 42:01.880]  of the other side, but try not to go after that element directly, that issue directly.
[42:01.880 --> 42:03.920]  Look at the elements of that issue.
[42:03.920 --> 42:08.420]  Someone filed a document in the public record.
[42:08.420 --> 42:13.160]  Did the person have evidence in the record that the person had power of attorney to file
[42:13.160 --> 42:15.580]  that document?
[42:15.580 --> 42:24.640]  Did the document, did the principal for whom the agent was acting have a document in the
[42:24.640 --> 42:31.140]  record that granted the principal a claim against the property, thereby authorizing
[42:31.140 --> 42:36.720]  him to file a document in the record affecting title on the property?
[42:36.720 --> 42:44.760]  You attack one of those, and one of the nice fun places to attack is when an assignment
[42:44.760 --> 42:54.360]  is filed by MERS for an entity that either doesn't exist or was not the holder of the
[42:54.360 --> 42:58.160]  mortgage at the time of the filing.
[42:58.160 --> 43:02.880]  Washington Mutual went out of business, the feds put them out of business.
[43:02.880 --> 43:09.860]  Before they went out of business, they did not assign their mortgages to somebody else,
[43:09.860 --> 43:15.340]  so the argument is that anybody else trying to collect on one of those mortgages had to
[43:15.340 --> 43:18.800]  have an assignment in the record.
[43:18.800 --> 43:23.600]  Washington Mutual knew it was going out of business and had opportunity to transfer that
[43:23.600 --> 43:30.000]  asset to someone else, and they didn't, so someone else can't just come along and magically
[43:30.000 --> 43:31.000]  pick it up.
[43:31.000 --> 43:32.840]  You find a little...
[43:32.840 --> 43:36.400]  It seems in California they can.
[43:36.400 --> 43:41.160]  The courts have ruled it, but you've got to get the argument right, and the main thing,
[43:41.160 --> 43:43.080]  the courts are corrupt, they're bought and paid for.
[43:43.080 --> 43:47.120]  The best thing you can do is keep them in court until they get old.
[43:47.120 --> 43:52.920]  I kept them in court on a guy in California for six years on something just like that.
[43:52.920 --> 43:53.920]  One little issue.
[43:53.920 --> 43:54.920]  Hang on.
[43:54.920 --> 43:55.920]  We're going to break.
[43:55.920 --> 43:56.920]  We'll be right back.
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[45:01.160 --> 45:04.360]  Are you the plaintiff or defendant in a lawsuit?
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[46:22.360 --> 46:27.680]  All right.
[46:27.680 --> 46:28.680]  We are back.
[46:28.680 --> 46:35.640]  Randy Kelton, Rule of Law Radio on this 22nd day of June, 2018, and we're talking to Tina
[46:35.640 --> 46:36.640]  in California.
[46:36.640 --> 46:41.440]  I lost where we're at on break.
[46:41.440 --> 46:48.640]  I wanted to ask you this, going back to that one thing that you said, this looks like an
[46:48.640 --> 46:52.760]  admission that they didn't verify the debt.
[46:52.760 --> 46:57.840]  In another one I asked, it says admit that defendant made false representation as to
[46:57.840 --> 47:01.360]  the amount of the debt owed, and they deny it.
[47:01.360 --> 47:03.240]  They just put deny, but-
[47:03.240 --> 47:04.240]  Okay.
[47:04.240 --> 47:06.740]  That's easy enough.
[47:06.740 --> 47:13.120]  That begged the answer, deny, and it wasted an admission.
[47:13.120 --> 47:20.800]  Asking them to admit that they lied, they will always claim they did not.
[47:20.800 --> 47:26.200]  And then you have to go back and argue whether or not they lied or not.
[47:26.200 --> 47:33.720]  You have to be a lot more subtle and more specific.
[47:33.720 --> 47:43.520]  When the plaintiff made this particular statement in this particular document, this particular
[47:43.520 --> 47:50.360]  statement did not comport with something else, admit it or deny it.
[47:50.360 --> 47:54.440]  You have to be a lot more specific.
[47:54.440 --> 47:57.040]  Discovery's kind of an art form.
[47:57.040 --> 47:59.120]  It's like playing chess.
[47:59.120 --> 48:04.480]  If I get through the Supreme Court appeal, I'll go back and be able to do all this discovery
[48:04.480 --> 48:06.200]  and be much more knowledgeable.
[48:06.200 --> 48:07.280]  Okay.
[48:07.280 --> 48:13.160]  If you don't get through the Supreme Court appeal, you got lots of stuff to go after
[48:13.160 --> 48:17.400]  them with.
[48:17.400 --> 48:25.600]  I don't know what all claims you made, but I have a particular claim that I like to make.
[48:25.600 --> 48:31.280]  One of the things that people tend not to look at, they say these banks are dirty rotten
[48:31.280 --> 48:38.720]  scoundrels and crooks and thieves, but they tend not to go back to their mortgage and
[48:38.720 --> 48:42.420]  look at it really close.
[48:42.420 --> 48:49.480]  Look at what the lender and borrower agreed to in the contract.
[48:49.480 --> 49:00.760]  I have one in California right now where she agreed to pay $480,000 at a variable interest
[49:00.760 --> 49:02.240]  rate.
[49:02.240 --> 49:08.320]  Variable interest rates are the best one because the banks always play games with them.
[49:08.320 --> 49:19.240]  So I built a spreadsheet where if you send me some representative monthly statements,
[49:19.240 --> 49:26.120]  the state, the principal, the interest, the amount owed, send me the note and the deed
[49:26.120 --> 49:27.920]  of trust.
[49:27.920 --> 49:36.920]  I will look at those and plug in some numbers on the spreadsheet and tell you exactly what
[49:36.920 --> 49:38.920]  you should owe.
[49:38.920 --> 49:40.820]  I did that in this case.
[49:40.820 --> 49:50.000]  She told me the date she stopped paying and I ran the note exactly by the terms of the
[49:50.000 --> 49:59.320]  note itself and they used the treasury note as a table where they made the changes in
[49:59.320 --> 50:03.720]  the, this one changed every month in the interest rate.
[50:03.720 --> 50:08.840]  So I ran the table, ran every one of them in there and got the exact numbers.
[50:08.840 --> 50:17.240]  And then when I looked at their statements, they were charging her a flat 6.5% interest
[50:17.240 --> 50:18.240]  every month.
[50:18.240 --> 50:25.300]  And she had a variable interest that changed, I'm sorry, it changed based on the treasury
[50:25.300 --> 50:28.480]  notes every month.
[50:28.480 --> 50:36.360]  And the treasury notes changed every month, could not be the same every month.
[50:36.360 --> 50:48.400]  And her note said that the principal can never exceed 10% more than the original amount loaned
[50:48.400 --> 50:49.400]  and that was $520,000.
[50:49.400 --> 50:52.480]  And then we're charging her 800,000.
[50:52.480 --> 50:56.440]  Well guys, how's that work?
[50:56.440 --> 51:00.400]  So that is really, really straightforward.
[51:00.400 --> 51:05.720]  Any jury can look at that and say, this is really screwed up.
[51:05.720 --> 51:07.240]  So that's a claim.
[51:07.240 --> 51:11.760]  If they throw out the claim you have, you just come right back with another one.
[51:11.760 --> 51:17.520]  And a real fertile field for keeping them in court for a long time is this declaratory
[51:17.520 --> 51:19.440]  judgment suit.
[51:19.440 --> 51:28.440]  I did one for someone in California and it was my four page, who the heck are you suit.
[51:28.440 --> 51:30.120]  The suit said, who are you?
[51:30.120 --> 51:31.320]  I don't know who you are.
[51:31.320 --> 51:33.720]  I never entered into a contract with you.
[51:33.720 --> 51:38.520]  I never entered into a contract with your alleged principal.
[51:38.520 --> 51:46.520]  Well, the original contract said it was Wells Fargo and it was Wells Fargo that was foreclosing.
[51:46.520 --> 51:50.120]  But you don't have to stipulate to anything.
[51:50.120 --> 51:57.440]  They're the ones trying to foreclose, they're making claims, prove them up.
[51:57.440 --> 52:02.920]  Six years later, the Supreme turned down our cert.
[52:02.920 --> 52:14.880]  I moved the court to the Supreme to, what do you call it?
[52:14.880 --> 52:24.740]  Distinguish Jenkins with the Yanavo, Yovano case and they refused.
[52:24.740 --> 52:29.560]  Six years, the guy bought the property for $350,000.
[52:29.560 --> 52:36.240]  He lived in it for six years without paying anything and it was $3,500 a month rent.
[52:36.240 --> 52:42.640]  After this, then we were gonna go back with our second suit, the one on the finances.
[52:42.640 --> 52:45.520]  But he said, man, I'm tired of this.
[52:45.520 --> 52:53.000]  So he sold the property for $900,000, paid the lender $560,000, took what he had left
[52:53.000 --> 53:00.280]  over, went to Phoenix, bought him a better place and left all the way to the bank.
[53:00.280 --> 53:09.560]  You won't beat them in court because the courts are bought and paid for.
[53:09.560 --> 53:17.000]  The way you may beat them is if you beat them up enough, then you ask the court to order
[53:17.000 --> 53:22.980]  mediation and good chance the lawyer will be happy, especially if you've bar grieved
[53:22.980 --> 53:28.040]  him every time he squeak, every time he does anything, you bar grieve him.
[53:28.040 --> 53:30.680]  And makes them crazy.
[53:30.680 --> 53:35.420]  And you do this conduct complaint to judge at every opportunity.
[53:35.420 --> 53:37.440]  They can't say anything about it.
[53:37.440 --> 53:39.440]  They may not like it, but they can't say anything about it.
[53:39.440 --> 53:42.360]  Judge is gonna rule against you out of hand at every turn, no matter what.
[53:42.360 --> 53:45.060]  So who cares if he's upset at you?
[53:45.060 --> 53:52.620]  If he's really upset at you and you're stinging him good, the only one he has any influence
[53:52.620 --> 53:54.800]  over is the bar card carrier.
[53:54.800 --> 54:02.760]  It's the only one he can go to and say, get this person out of my court.
[54:02.760 --> 54:06.600]  So you ask the judge to order mediation.
[54:06.600 --> 54:12.320]  Now the lawyer is commanded to come to you and mediate, he can mediate without losing
[54:12.320 --> 54:13.320]  face.
[54:13.320 --> 54:19.800]  At any time I help someone with a foreclosure issue, which I don't do much of now cuz I
[54:19.800 --> 54:26.920]  don't have time, is one of my conditions is, is if I help you, you take half of what you
[54:26.920 --> 54:34.160]  would pay on your mortgage at least and put it in a bank account every month without fail.
[54:34.160 --> 54:39.080]  I'll keep you in court for five, six years easy.
[54:39.080 --> 54:43.360]  And by that time you've built up a nice fund.
[54:43.360 --> 54:47.940]  Now we can go to him and say, hey guys, you want me to all bar grieve you again?
[54:47.940 --> 54:50.600]  You want me to follow another malpractice suit against you?
[54:50.600 --> 54:54.440]  You want me to follow some more criminal charges and judicial conduct complaints?
[54:54.440 --> 54:58.640]  Or let's make a deal.
[54:58.640 --> 55:07.120]  Guy in Sacramento had a $350,000 mortgage, they had him up to owing $560,000.
[55:07.120 --> 55:11.760]  It was $350,000 at 8.5.
[55:11.760 --> 55:16.320]  They came to him, he asked the court to order mediation, they did.
[55:16.320 --> 55:23.560]  They came back to him, offered him, we drop all the extra charges, we lower your principal
[55:23.560 --> 55:28.800]  to 150,000, lower your interest to 2.5.
[55:28.800 --> 55:31.620]  He said, I gotta think about that.
[55:31.620 --> 55:34.960]  That's long enough, I'll take it.
[55:34.960 --> 55:40.880]  So that would have been nice, except they took my income when they took my property.
[55:40.880 --> 55:50.080]  My income, property with my income was still, okay, you're a little too far down the road
[55:50.080 --> 55:54.720]  to be able to use a lot of these tools, but are you still in the property?
[55:54.720 --> 55:55.720]  No.
[55:55.720 --> 55:56.720]  Okay.
[55:56.720 --> 56:02.880]  If you're still in the property, then whatever is, I'm not in the property.
[56:02.880 --> 56:04.880]  Oh, okay.
[56:04.880 --> 56:14.080]  So at this point you can use them for practice because you got nothing to lose and they have
[56:14.080 --> 56:17.000]  everything to lose.
[56:17.000 --> 56:27.000]  So now you need to look at an issue, primarily my suggestion is look at the contract.
[56:27.000 --> 56:29.360]  That's what they don't want you to look at.
[56:29.360 --> 56:36.760]  And generally in covenant 15 or 16, depending on what kind of mortgage it is, there will
[56:36.760 --> 56:44.060]  be a proviso in there where both parties agree to abide by all law.
[56:44.060 --> 56:48.760]  You can find a place in there where you can allege that they failed to act in accordance
[56:48.760 --> 56:51.940]  with the Real Estate Settlement Procedures Act.
[56:51.940 --> 56:56.720]  And I think the consumer protection laws are a scam.
[56:56.720 --> 57:02.360]  They were all put in place to scam us into thinking that's our remedy.
[57:02.360 --> 57:08.440]  Everything that's in the Real Estate Settlement Procedures Act, the Truth in Lending Act,
[57:08.440 --> 57:15.440]  all of those, everything that's in all of those is in the UCC, except the UCC doesn't
[57:15.440 --> 57:20.860]  have these one and two year statutes of limitation.
[57:20.860 --> 57:23.160]  Go back and look at the contract.
[57:23.160 --> 57:27.520]  The contract doesn't have a statute of limitations either.
[57:27.520 --> 57:29.900]  This law said you were supposed to do this.
[57:29.900 --> 57:31.440]  You did not do that.
[57:31.440 --> 57:34.960]  You breached a covenant of the contract.
[57:34.960 --> 57:42.160]  The contract contains two privileges you granted to the lender, the privilege of a claim against
[57:42.160 --> 57:47.540]  the property and the privilege of a confessed judgment against the property on the condition
[57:47.540 --> 57:53.100]  that the lender abide by all of the covenants of the contract.
[57:53.100 --> 57:57.680]  You breached one of those covenants, you waive your claim against the property.
[57:57.680 --> 58:03.520]  That's the argument to bring and one issue at a time.
[58:03.520 --> 58:05.600]  Find one breach, sue them on it.
[58:05.600 --> 58:10.120]  To get that one thrown out, find a different breach, sue them on that one.
[58:10.120 --> 58:12.960]  I can find more breaches than they can shake a stick at.
[58:12.960 --> 58:14.520]  They did everything wrong.
[58:14.520 --> 58:21.120]  Okay, they bought and paid for the judges, but even though they're bought and paid for,
[58:21.120 --> 58:26.480]  still take them five or six years to adjudicate one of those issues.
[58:26.480 --> 58:32.120]  They'll get old while you're in the property and eventually they'll come to the table.
[58:32.120 --> 58:35.920]  Hang on, about to go to break, Randy Kelton, and we're going to finish up on the other
[58:35.920 --> 58:36.920]  side.
[58:36.920 --> 58:50.280]  We've got a whole bank full of callers, so hang on, we'll be right back.
[58:50.280 --> 58:54.440]  Would you like to make more definite progress in your walk with God?
[58:54.440 --> 58:59.600]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.600 --> 59:00.940]  can really help.
[59:00.940 --> 59:05.400]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.400 --> 59:06.400]  today.
[59:06.400 --> 59:10.300]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.300 --> 59:13.400]  to know God and to know the meaning of life.
[59:13.400 --> 59:18.660]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.660 --> 59:24.400]  Hereby chapter Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.400 --> 59:27.860]  growing in Christ, and how to build up the church.
[59:27.860 --> 59:32.860]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.860 --> 01:00:02.580]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[01:00:02.580 --> 01:00:07.800]  The following newsflash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:07.800 --> 01:00:15.400]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[01:00:15.400 --> 01:00:23.520]  into the tides of the alternative.
[01:00:23.520 --> 01:00:31.120]  Markets for the 11th of April, 2018, closed with gold at $1,353.22 an ounce, silver, $16.68
[01:00:31.120 --> 01:00:41.200]  an ounce, Texas crude, $65.51 a barrel, bitcoins at $6,902.19, ethereum's at $420.80, bitcoin
[01:00:41.200 --> 01:00:55.440]  cash is at $652.90, and finally litecoins at $114.34, a crypto coin.
[01:00:55.440 --> 01:01:01.200]  Today in history, the year 1968, President Lyndon Johnson signs the Civil Rights Act
[01:01:01.200 --> 01:01:06.200]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:01:06.200 --> 01:01:08.440]  religion, sex, or national origin.
[01:01:08.440 --> 01:01:13.040]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:01:13.040 --> 01:01:18.160]  in public schools and employment, and public accommodations for places of business.
[01:01:18.160 --> 01:01:23.820]  Today in history.
[01:01:23.820 --> 01:01:27.840]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:01:27.840 --> 01:01:32.140]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.140 --> 01:01:36.560]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:01:36.560 --> 01:01:41.320]  United States, and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.320 --> 01:01:43.220]  evidence as of yet.
[01:01:43.220 --> 01:01:46.680]  President Trump tweeted today, Wednesday, that if, quote, Russia vows to shoot down
[01:01:46.680 --> 01:01:51.060]  any and all missiles fired at Syria, get ready Russia, because they will be coming in nice
[01:01:51.060 --> 01:01:52.760]  and new and smart.
[01:01:52.760 --> 01:01:56.280]  Going on to warn Russia that you shouldn't be partners with a gas-killing animal who
[01:01:56.280 --> 01:01:58.440]  kills his people and enjoys it.
[01:01:58.440 --> 01:02:02.480]  Many in the West, including President Trump, have been quick to conclude that this chemical
[01:02:02.480 --> 01:02:06.640]  attack must have been conducted by Assad and his forces.
[01:02:06.640 --> 01:02:10.920]  Syria and Russia, on the other hand, have given approval since yesterday for the Organization
[01:02:10.920 --> 01:02:15.700]  for the Prohibition of Chemical Weapons to investigate the site of the chemical slaughter.
[01:02:15.700 --> 01:02:19.240]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[01:02:19.240 --> 01:02:23.880]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[01:02:23.880 --> 01:02:28.640]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[01:02:28.640 --> 01:02:32.400]  notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.400 --> 01:02:37.720]  No surprise, then, why Russian Foreign Minister spokeswoman Marya Zakhova posted on Facebook
[01:02:37.720 --> 01:02:42.760]  that smart missiles should be fired at terrorists and not at a legitimate government which has
[01:02:42.760 --> 01:02:44.260]  been fighting terrorists.
[01:02:44.260 --> 01:02:48.080]  Or is this a trick to destroy all traces with a smart missile strike, and then there will
[01:02:48.080 --> 01:02:53.200]  be no evidence for international inspectors to look at?
[01:03:18.080 --> 01:03:27.720]  Okay, we are back, Brandon Kelton, Rule of Law Radio, on this Friday, the 22nd day of
[01:03:27.720 --> 01:03:33.080]  June 2018, and we're talking to Tina in California.
[01:03:33.080 --> 01:03:40.040]  Tina, you're far along in the litigation, so there's not a lot of help we can give you
[01:03:40.040 --> 01:03:47.560]  in the current litigation, but not knowing what issues you've claimed, you've probably
[01:03:47.560 --> 01:03:51.560]  got a whole stack of issues you can bring.
[01:03:51.560 --> 01:03:57.760]  And you might want to look at a declaratory judgment suit.
[01:03:57.760 --> 01:04:05.200]  A declaratory judgment suit bypasses Rule 12 motion to dismiss for failure to state
[01:04:05.200 --> 01:04:13.080]  a claim, because there are no claims in a declaratory judgment suit.
[01:04:13.080 --> 01:04:18.680]  You're asking the court to render a ruling on a point of law.
[01:04:18.680 --> 01:04:22.840]  So that gets you straight back to discovery.
[01:04:22.840 --> 01:04:27.880]  So what you missed out on the first case on discovery, you can file a second one.
[01:04:27.880 --> 01:04:34.320]  As a matter of fact, while you're waiting for the cert, you can go ahead and file a
[01:04:34.320 --> 01:04:39.240]  declaratory judgment suit.
[01:04:39.240 --> 01:04:45.580]  Push them into discovery, and then use that discovery for your cert if you can get there
[01:04:45.580 --> 01:04:51.400]  quick enough.
[01:04:51.400 --> 01:04:52.620]  Let's say you filed a cert.
[01:04:52.620 --> 01:04:57.640]  It took them almost a year to get our cert done, to deny it, to deny it.
[01:04:57.640 --> 01:05:02.760]  So you get your cert filed, you file your declaratory judgment suit, get that one working,
[01:05:02.760 --> 01:05:10.320]  and then you redo your, that don't have access to a Rule 12 motion to dismiss.
[01:05:10.320 --> 01:05:16.140]  So if you pick an issue that wasn't addressed in the original courts, then it can't be claimed
[01:05:16.140 --> 01:05:19.300]  as res judicata.
[01:05:19.300 --> 01:05:25.880]  So you get past the Rule 12, you get into discovery, now you get to redo your discovery.
[01:05:25.880 --> 01:05:31.120]  If you get something in discovery in the second suit, you can come back to the Supreme and
[01:05:31.120 --> 01:05:36.280]  say, hey, I come across this new information, I want to file an amended.
[01:05:36.280 --> 01:05:43.200]  So you may be able to discover what you need to win your cert.
[01:05:43.200 --> 01:05:52.000]  Okay, well, the accounting would be huge, I think, because it's gone up and down like
[01:05:52.000 --> 01:06:00.120]  a yo-yo on steroids, and I did tender the amount they claimed was due on the notice
[01:06:00.120 --> 01:06:05.560]  of trustee sale, which they sent me 97 copies of in one day, and billed me for that.
[01:06:05.560 --> 01:06:08.600]  So they refused that tender.
[01:06:08.600 --> 01:06:17.960]  Okay, okay, hold on, Rosecki and Rosecki in New York just got hammered big time for excessive
[01:06:17.960 --> 01:06:22.640]  billing, just that kind of nonsense.
[01:06:22.640 --> 01:06:26.560]  That would be a great claim to go back after them on.
[01:06:26.560 --> 01:06:29.320]  Excessive billing.
[01:06:29.320 --> 01:06:36.840]  You look at the Rosecki claim, wait, say that again.
[01:06:36.840 --> 01:06:42.280]  Three late fees in one month they did that, two late fees in another month twice they
[01:06:42.280 --> 01:06:43.360]  did that.
[01:06:43.360 --> 01:06:50.160]  Okay, you can file on that alone.
[01:06:50.160 --> 01:06:57.600]  And first go look up the suit by the Attorney General against a foreclosure mill in New
[01:06:57.600 --> 01:07:01.400]  York, you send me an email, I'll send you a link to it and I can get you in touch with
[01:07:01.400 --> 01:07:09.800]  someone in New York who actually had Rosecki and Rosecki on the opposing side and they've
[01:07:09.800 --> 01:07:14.720]  just removed himself from the case.
[01:07:14.720 --> 01:07:20.040]  And he can help you with this issue and you can bring these same claims against the foreclosure
[01:07:20.040 --> 01:07:26.320]  mill as a separate action, has nothing to do with the foreclosure directly.
[01:07:26.320 --> 01:07:29.200]  That would be great.
[01:07:29.200 --> 01:07:31.280]  That would be awesome.
[01:07:31.280 --> 01:07:37.680]  And they're not going to like this light being shined on them at this moment.
[01:07:37.680 --> 01:07:41.760]  And this is something where you can also make claims to the grand jury.
[01:07:41.760 --> 01:07:46.080]  When you start making grand jury noises, you're going to terrify all of them.
[01:07:46.080 --> 01:07:47.080]  Okay.
[01:07:47.080 --> 01:07:48.080]  Okay.
[01:07:48.080 --> 01:07:52.520]  Do you have anything else for us tonight?
[01:07:52.520 --> 01:07:57.640]  No, lots, but to other people's turn, you've got a lot of people to help and I'm going
[01:07:57.640 --> 01:08:03.040]  to call in on another number so I can listen to the rest of what you have to say.
[01:08:03.040 --> 01:08:04.040]  Okay.
[01:08:04.040 --> 01:08:05.040]  Thank you very much, Tina.
[01:08:05.040 --> 01:08:06.040]  Okay.
[01:08:06.040 --> 01:08:07.040]  Now we're going to Charles.
[01:08:07.040 --> 01:08:10.600]  Oh, no, I'm supposed to go to John in New York.
[01:08:10.600 --> 01:08:13.440]  Hello, John.
[01:08:13.440 --> 01:08:16.560]  Well, hello, John.
[01:08:16.560 --> 01:08:18.280]  I must have put him to sleep again.
[01:08:18.280 --> 01:08:20.080]  I've had this problem before.
[01:08:20.080 --> 01:08:22.920]  I've put people to sleep.
[01:08:22.920 --> 01:08:26.040]  Okay, John.
[01:08:26.040 --> 01:08:31.480]  I'm not getting you, so I'm going to go on to Charles.
[01:08:31.480 --> 01:08:35.680]  If you're there and you can hear me and I can't hear you, just hang up and call back
[01:08:35.680 --> 01:08:37.960]  in and I'll take you next.
[01:08:37.960 --> 01:08:38.960]  Okay.
[01:08:38.960 --> 01:08:40.600]  Going to Charles in Texas.
[01:08:40.600 --> 01:08:41.600]  Hello, Charles.
[01:08:41.600 --> 01:08:42.600]  Hey, Randy.
[01:08:42.600 --> 01:08:43.600]  Howdy.
[01:08:43.600 --> 01:08:46.600]  What do you have for us today?
[01:08:46.600 --> 01:08:51.960]  Well, it's kind of an interesting thing.
[01:08:51.960 --> 01:08:54.400]  I have a person who has been- Wait, wait, wait.
[01:08:54.400 --> 01:08:55.400]  Hold on.
[01:08:55.400 --> 01:08:59.160]  Move the mic a little away from your mouth, down by your chin.
[01:08:59.160 --> 01:09:01.160]  You're overdriving the mic.
[01:09:01.160 --> 01:09:03.160]  How's that?
[01:09:03.160 --> 01:09:04.160]  Better?
[01:09:04.160 --> 01:09:05.160]  A little bit.
[01:09:05.160 --> 01:09:06.160]  Go ahead.
[01:09:06.160 --> 01:09:07.160]  Okay.
[01:09:07.160 --> 01:09:15.160]  Well, basically, I have a neighbor who's been calling the police and filing false reports
[01:09:15.160 --> 01:09:21.880]  and then no reason she's been calling Child Protective Services and filing false reports.
[01:09:21.880 --> 01:09:31.480]  When the police come in these calls, have the police found adjudicatable issues?
[01:09:31.480 --> 01:09:32.480]  No.
[01:09:32.480 --> 01:09:36.960]  They went back, there's been five times they came out, five times they found that there
[01:09:36.960 --> 01:09:45.120]  was uncharted charges, and then CPS did the same thing, in fact, I got CPS's last paperwork
[01:09:45.120 --> 01:09:48.800]  in my room where I keep my file for it.
[01:09:48.800 --> 01:09:49.800]  Okay.
[01:09:49.800 --> 01:09:51.960]  Here's how you fix that.
[01:09:51.960 --> 01:09:58.760]  You go down to the prosecutor's office and you make up a complaint of filing a false
[01:09:58.760 --> 01:10:08.280]  report, five of them, and you ask for a prosecutor and they'll send you an investigator, and
[01:10:08.280 --> 01:10:13.200]  you give your complaints to the investigator along with a statement of facts.
[01:10:13.200 --> 01:10:16.600]  And they'll say, okay, we'll show this to the prosecutor.
[01:10:16.600 --> 01:10:23.300]  But what they'll actually do is they'll go out and talk to this person because the prosecutor
[01:10:23.300 --> 01:10:28.040]  doesn't want to get into something until he has the whole story.
[01:10:28.040 --> 01:10:33.560]  So they're going to say, well, this guy has filed five accusations of making a false report
[01:10:33.560 --> 01:10:36.040]  to the police.
[01:10:36.040 --> 01:10:40.080]  And when they talk to this person, and this is somebody coming in with a pistol on their
[01:10:40.080 --> 01:10:45.000]  hip, and even if they're nice and they agree with everything this person said, it's going
[01:10:45.000 --> 01:10:47.600]  to scare the bejesus out of them.
[01:10:47.600 --> 01:10:55.120]  So it's one thing for you to do something and tell them how to cow ate the cabbage and
[01:10:55.120 --> 01:11:00.200]  threaten them, I'm going to sue you, blah, blah, blah.
[01:11:00.200 --> 01:11:05.960]  It's a whole different matter when a third party comes in because now they're looking
[01:11:05.960 --> 01:11:11.580]  at the possibility of being prosecuting themselves, and probably what will happen is this problem
[01:11:11.580 --> 01:11:15.060]  will cease.
[01:11:15.060 --> 01:11:22.980]  The prosecutor is not going to want to prosecute, almost certainly.
[01:11:22.980 --> 01:11:31.360]  But when he doesn't prosecute, if they do this again, then you file a complaint against
[01:11:31.360 --> 01:11:38.080]  the prosecutor for official misconduct, failing to perform a duty he's required to form, and
[01:11:38.080 --> 01:11:42.280]  in the process deny you full and free access to and join the right and start running the
[01:11:42.280 --> 01:11:44.520]  routine on him.
[01:11:44.520 --> 01:11:52.620]  You start kicking the prosecutor in his professional behind, he is not going to be a happy camper.
[01:11:52.620 --> 01:11:58.600]  And what he's likely to do, I mean, put yourself in the prosecutor's position.
[01:11:58.600 --> 01:12:03.400]  One came to you with this issue of a neighbor to neighbor issue, man, yeah, I don't want
[01:12:03.400 --> 01:12:04.400]  to get in that issue.
[01:12:04.400 --> 01:12:07.520]  I got stuff important to handle.
[01:12:07.520 --> 01:12:14.480]  And then all of a sudden, the guy's making accusations against me because I wouldn't
[01:12:14.480 --> 01:12:17.060]  go after those guys.
[01:12:17.060 --> 01:12:18.060]  What would you do?
[01:12:18.060 --> 01:12:25.720]  I'd jump up and I'd start doing what I was supposed to do the first time around.
[01:12:25.720 --> 01:12:31.200]  What he will do is he'll send those investigators back out there, and he is not going to care
[01:12:31.200 --> 01:12:33.880]  what the circumstances are.
[01:12:33.880 --> 01:12:39.240]  The investigators are going to tell this person, you better cut this out, or we're going to
[01:12:39.240 --> 01:12:46.320]  come after you, my boss is upset, and you better knock this stuff off.
[01:12:46.320 --> 01:12:50.560]  The prosecutor's still not going to want to get into a court issue, but he'll use his
[01:12:50.560 --> 01:12:54.480]  position to help mitigate this issue.
[01:12:54.480 --> 01:12:59.560]  He'll either go out there or he'll send the sheriff out there to put the fear of God in
[01:12:59.560 --> 01:13:00.560]  them.
[01:13:00.560 --> 01:13:05.400]  And 99% of the time, this thing will go away.
[01:13:05.400 --> 01:13:06.400]  That would work for me.
[01:13:06.400 --> 01:13:11.800]  I just want to be in left alone in peace and take care of my family.
[01:13:11.800 --> 01:13:15.180]  And you've put this person in a position to where they open their mouth and you're coming
[01:13:15.180 --> 01:13:20.800]  right back at them, and you've already laid the groundwork.
[01:13:20.800 --> 01:13:28.460]  Five complaints, all of them bogus, now you go back after them, they still make the complaints,
[01:13:28.460 --> 01:13:30.000]  it makes it look even worse.
[01:13:30.000 --> 01:13:38.080]  And if they don't stop, I suggest you never speak to them, especially on this issue.
[01:13:38.080 --> 01:13:43.480]  If that doesn't get it, just take all your complaints and take them to the grand jury.
[01:13:43.480 --> 01:13:49.920]  You go down with an envelope, you find out when the grand jury's going to sit.
[01:13:49.920 --> 01:13:55.440]  903, Tyler, Tyler area?
[01:13:55.440 --> 01:13:58.600]  What county?
[01:13:58.600 --> 01:13:59.600]  What county?
[01:13:59.600 --> 01:14:02.600]  Is it Smith County?
[01:14:02.600 --> 01:14:04.600]  Upshire County.
[01:14:04.600 --> 01:14:06.200]  Upshire?
[01:14:06.200 --> 01:14:08.160]  How big is Upshire County?
[01:14:08.160 --> 01:14:18.600]  Okay, the reason I'm asking is, Tyler, Smith County would probably have a couple of grand
[01:14:18.600 --> 01:14:19.980]  juries.
[01:14:19.980 --> 01:14:27.600]  The small counties, they sometimes have a grand jury that'll meet once or twice a month.
[01:14:27.600 --> 01:14:31.640]  Someone like something as big as Smith County, they probably have a grand jury meet every
[01:14:31.640 --> 01:14:32.640]  day.
[01:14:32.640 --> 01:14:37.100]  So it's about figuring out when they're going to meet.
[01:14:37.100 --> 01:14:40.600]  So if you're in a smaller county, then you call down to the clerk and tell them that
[01:14:40.600 --> 01:14:46.780]  your daughter's doing a paper in school on grand juries and ask them, how many grand
[01:14:46.780 --> 01:14:48.880]  juries do we have?
[01:14:48.880 --> 01:14:50.280]  They'll probably say one.
[01:14:50.280 --> 01:14:52.240]  How many times a month do they meet?
[01:14:52.240 --> 01:14:58.760]  Generally, do they always meet on the same day and con her in to tell you what day of
[01:14:58.760 --> 01:14:59.760]  the month they meet.
[01:14:59.760 --> 01:15:05.380]  It's generally the third Thursday of the month for most of the counties I've looked at, but
[01:15:05.380 --> 01:15:12.480]  she'll tell you, and then you go down on that day with a folder.
[01:15:12.480 --> 01:15:19.080]  You find out where the grand jury meets, and generally they'll tell you that.
[01:15:19.080 --> 01:15:22.360]  And you go down to where they meet, there'll be a bailiff standing in front of the door
[01:15:22.360 --> 01:15:27.940]  and you tell the bailiff your name first, because you don't want him asking your questions,
[01:15:27.940 --> 01:15:32.700]  and instruct the foreman that I have business with the grand jury.
[01:15:32.700 --> 01:15:36.280]  And he's likely to say, well, if he didn't have complaint, he will generally they'll
[01:15:36.280 --> 01:15:38.000]  say, man, tell him the nature of the business.
[01:15:38.000 --> 01:15:42.360]  And you'll tell him, well, give him this, and he's going to share these complaints and
[01:15:42.360 --> 01:15:43.360]  you'll say, yes, it is.
[01:15:43.360 --> 01:15:47.300]  Well, you need to take that as a prosecuting attorney, so no, I don't need to do any such
[01:15:47.300 --> 01:15:48.300]  thing.
[01:15:48.300 --> 01:15:50.720]  I'm bringing it to the grand jury.
[01:15:50.720 --> 01:15:53.600]  Are you going to give it to them, or are you going to interfere with my access to the grand
[01:15:53.600 --> 01:15:54.600]  jury?
[01:15:54.600 --> 01:15:56.880]  Sure call.
[01:15:56.880 --> 01:16:02.480]  And they'll either give it to the grand jury or not, and you don't care.
[01:16:02.480 --> 01:16:10.200]  If in the document, in the complaint, you put a cover letter on it, asking the foreman
[01:16:10.200 --> 01:16:16.720]  to initial this document, send it back to you in the included stamp self-addressed envelope.
[01:16:16.720 --> 01:16:22.560]  Because you have problems with prosecuting attorneys not wanting to do their job, and
[01:16:22.560 --> 01:16:27.500]  you want to be sure that you actually got this document.
[01:16:27.500 --> 01:16:30.760]  You don't care if you get it back or not, if you don't get it back in a week, then you
[01:16:30.760 --> 01:16:35.040]  assume the prosecutor secreted from them, and you come back with criminal charges against
[01:16:35.040 --> 01:16:36.040]  the prosecutor.
[01:16:36.040 --> 01:16:40.120]  About to go to break, we'll pick this up on the other side, but it gets more fun.
[01:16:40.120 --> 01:16:47.520]  Andy Kelton, Rule of the Radio, our call-in number, 512-646-1984, if you have a question
[01:16:47.520 --> 01:16:53.040]  or comment, give us a call, and you might check out, we got our fundraiser going, check
[01:16:53.040 --> 01:17:03.920]  out Logos Radio Network, we have a gun giveaway again this year, but we'll be right back.
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[01:18:59.160 --> 01:19:06.160]  This is the Logos Radio Network.
[01:19:06.160 --> 01:19:33.120]  Okay, we
[01:19:33.120 --> 01:19:34.120]  are back.
[01:19:34.120 --> 01:19:41.320]  I'm Randy Kelton, Rule of Law Radio, and we're talking to Charles in Texas.
[01:19:41.320 --> 01:19:42.320]  Okay.
[01:19:42.320 --> 01:19:46.040]  Where were we, Charles?
[01:19:46.040 --> 01:19:52.480]  You're talking about whether we got the information back from the grand jury or not was not... We
[01:19:52.480 --> 01:19:53.880]  didn't care about that.
[01:19:53.880 --> 01:19:54.880]  Yeah.
[01:19:54.880 --> 01:20:01.240]  The prosecutor, he's busy and he don't want to mess with this, so you give him a hard
[01:20:01.240 --> 01:20:05.440]  time and if he doesn't do anything, you go pick on the grand jury.
[01:20:05.440 --> 01:20:14.200]  Now, if you don't get this letter back, that gives you reasonable probable cause to believe
[01:20:14.200 --> 01:20:19.080]  that the prosecuting attorney interrupted your complaints and secreted them from the
[01:20:19.080 --> 01:20:21.280]  grand jury.
[01:20:21.280 --> 01:20:30.200]  So you file official misconduct against the prosecuting attorney for jury tampering.
[01:20:30.200 --> 01:20:36.840]  Then you go down to the bailiff and you hand him another set of complaints and in the complaints,
[01:20:36.840 --> 01:20:43.200]  you need one set of complaints for each grand juror.
[01:20:43.200 --> 01:20:49.000]  So you need to have the criminal complaints and then a statement of facts.
[01:20:49.000 --> 01:20:54.560]  We can talk at another time on a method for constructing that.
[01:20:54.560 --> 01:21:01.560]  You can go to jurisimprudence.website.
[01:21:01.560 --> 01:21:07.640]  And on there, I have a bunch of frogs on there, I call this the frog farm conspiracy.
[01:21:07.640 --> 01:21:13.600]  Top frog on the left goes to documents and research and under documents and research,
[01:21:13.600 --> 01:21:16.400]  I'm sorry, step back.
[01:21:16.400 --> 01:21:22.240]  On the top in the center, there's a link to Cherokee County and in there you'll find a
[01:21:22.240 --> 01:21:25.080]  folder for complaints.
[01:21:25.080 --> 01:21:30.160]  And in that folder, you'll find about 35 criminal complaints and that'll show you how to construct
[01:21:30.160 --> 01:21:31.160]  a complaint.
[01:21:31.160 --> 01:21:34.640]  You'll also find an affidavit.
[01:21:34.640 --> 01:21:43.360]  And if you look at how that's constructed, I write the affidavit and in terms of accusing
[01:21:43.360 --> 01:21:49.360]  the individuals of specific criminal acts and I explain how they constitute the act
[01:21:49.360 --> 01:21:51.720]  and yours would be fairly simple.
[01:21:51.720 --> 01:21:57.240]  And then for each accusation on this day at this time, this person called and accused
[01:21:57.240 --> 01:21:58.240]  me of this.
[01:21:58.240 --> 01:22:05.120]  The police came out and inspected and investigated and found that the call was unfounded.
[01:22:05.120 --> 01:22:08.880]  Then on this day, they called again and they found it unfounded.
[01:22:08.880 --> 01:22:13.340]  You do that five times and then you take the top one, turn it into a criminal complaint.
[01:22:13.340 --> 01:22:16.500]  Take the second one, turn it into a criminal complaint.
[01:22:16.500 --> 01:22:21.400]  So you have five criminal complaints and their verbiage is the same as the verbiage in your
[01:22:21.400 --> 01:22:22.400]  affidavit.
[01:22:22.400 --> 01:22:25.680]  Then you stitch all those together.
[01:22:25.680 --> 01:22:33.880]  Make one set for each grand jury member, there's 12 of them, and put them all in an envelope.
[01:22:33.880 --> 01:22:37.880]  You can label them Foreman, grand jury one through 11.
[01:22:37.880 --> 01:22:44.120]  Put them in an envelope, take it as a bailiff and the bailiff will give it to the prosecutor.
[01:22:44.120 --> 01:22:47.400]  The prosecutor will secrete it from the grand jury because he don't wanna bother messing
[01:22:47.400 --> 01:22:48.400]  with it.
[01:22:48.400 --> 01:22:52.880]  So that when you don't get that letter back, then you make up one against the prosecutor
[01:22:52.880 --> 01:22:57.360]  for jury tampering and give it to the bailiff.
[01:22:57.360 --> 01:23:02.680]  And when you don't get the letter back on that one, then you go to the attorney general
[01:23:02.680 --> 01:23:08.320]  with allegations against the prosecuting attorney for shielding criminal complaints against
[01:23:08.320 --> 01:23:10.800]  himself from the grand jury.
[01:23:10.800 --> 01:23:18.120]  And I can assure you, that is not gonna make the prosecutor happy because the first thing
[01:23:18.120 --> 01:23:21.960]  the attorney general is gonna do is have one of his investigators called the prosecuting
[01:23:21.960 --> 01:23:24.600]  attorney.
[01:23:24.600 --> 01:23:29.440]  And when he gets a call from the attorney general's investigator, he is not gonna be
[01:23:29.440 --> 01:23:32.760]  a happy camper.
[01:23:32.760 --> 01:23:38.560]  And that's likely to motivate him to send somebody out to put a stop to this nonsense.
[01:23:38.560 --> 01:23:45.120]  Okay, give that a try and let us know how it works.
[01:23:45.120 --> 01:23:49.000]  I sure will, thank you, Randy, and you have a great night, man.
[01:23:49.000 --> 01:23:50.840]  Okay, thank you, Charles.
[01:23:50.840 --> 01:23:54.000]  Okay, now we're going to John in New York.
[01:23:54.000 --> 01:23:57.560]  Okay, are you awake this time, John?
[01:23:57.560 --> 01:24:03.480]  Well, my battery seems to be in better shape and I thank you very much.
[01:24:03.480 --> 01:24:06.520]  Well, at least we didn't hear you snoring.
[01:24:06.520 --> 01:24:14.240]  Well, no, I don't think you were gonna hear me snoring because my battery was bad.
[01:24:14.240 --> 01:24:22.960]  And I can appreciate you must have not enough hours in a day to breathe.
[01:24:22.960 --> 01:24:29.960]  So anything that I can do to give you a hand, I will do.
[01:24:29.960 --> 01:24:35.440]  And that includes doing, well, let's put it this way.
[01:24:35.440 --> 01:24:40.920]  I don't have the background in Google the way you do.
[01:24:40.920 --> 01:24:42.320]  I've got my background.
[01:24:42.320 --> 01:24:43.960]  Okay, wait, wait, hold on, John.
[01:24:43.960 --> 01:24:46.280]  We need to do this off the air.
[01:24:46.280 --> 01:24:50.360]  Yeah, okay, well, yeah, but when can we do it?
[01:24:50.360 --> 01:24:53.000]  Just send me an email.
[01:24:53.000 --> 01:24:57.680]  Well, all right, now there's something I do need to ask you, though.
[01:24:57.680 --> 01:25:01.680]  Okay, okay, go ahead.
[01:25:01.680 --> 01:25:03.680]  All right.
[01:25:03.680 --> 01:25:07.400]  Joe Esquivel determined Virginia suffered a wrongful foreclosure.
[01:25:07.400 --> 01:25:10.800]  Wait a minute, Esquivel.
[01:25:10.800 --> 01:25:19.560]  You got the, let's see, you put the accent on the wrong sololable.
[01:25:19.560 --> 01:25:22.240]  I wonder where I got that from.
[01:25:22.240 --> 01:25:24.880]  Okay, go ahead.
[01:25:24.880 --> 01:25:27.160]  For everybody else, that's Joe Esquivel.
[01:25:27.160 --> 01:25:34.560]  He does a securities analysis for mortgages, and we pick on him a little bit.
[01:25:34.560 --> 01:25:40.920]  Joe Esquivel determined Virginia suffered a wrongful foreclosure.
[01:25:40.920 --> 01:25:47.680]  Next what we would need from you is just a little direction on how to file a declaratory
[01:25:47.680 --> 01:25:51.200]  judgment.
[01:25:51.200 --> 01:25:53.520]  And basically that's what I need.
[01:25:53.520 --> 01:25:57.440]  And of course the process, I don't know anything about it.
[01:25:57.440 --> 01:26:08.600]  So if you could send the...I will send you a petition for declaratory judgment on this
[01:26:08.600 --> 01:26:13.400]  kind of issue that I filed in the federal court in Fort Worth.
[01:26:13.400 --> 01:26:14.400]  Florida?
[01:26:14.400 --> 01:26:25.000]  No, in Fort Worth, Texas, but it's federal, so it doesn't matter.
[01:26:25.000 --> 01:26:31.740]  The primary issues that we can go after on declaratory judgment are exactly the issues
[01:26:31.740 --> 01:26:41.280]  that Joe will highlight in his evaluation, where we have an assignment that's not properly
[01:26:41.280 --> 01:26:42.800]  filed.
[01:26:42.800 --> 01:26:50.440]  And this particular argument goes straight to the property code, and this is how you'd
[01:26:50.440 --> 01:26:52.120]  want to do it in New York.
[01:26:52.120 --> 01:26:58.360]  Now the property code in Texas is a different number than the one in New York, but it says
[01:26:58.360 --> 01:27:00.720]  essentially the same thing.
[01:27:00.720 --> 01:27:09.400]  Any claim against real property, not properly acknowledged or proven, acknowledged, notary,
[01:27:09.400 --> 01:27:16.440]  proven to witnesses, and filed in the public record is voidest to the holder.
[01:27:16.440 --> 01:27:24.120]  This was one of the first restrictions put in by the colonists of Plymouth Rock.
[01:27:24.120 --> 01:27:30.200]  They started dividing up property and they made a registrar so everybody could go look
[01:27:30.200 --> 01:27:34.360]  at the registrar and determine who held what property.
[01:27:34.360 --> 01:27:37.640]  That's how important this was.
[01:27:37.640 --> 01:27:43.120]  Every state has a statute to this effect.
[01:27:43.120 --> 01:27:49.160]  If I go to New York and I'm looking to buy a piece of property, I can go to the public
[01:27:49.160 --> 01:27:56.480]  record and look in the public record to see if there are any claims against this property.
[01:27:56.480 --> 01:28:02.280]  Now there may be lots of claims against the property, but if I don't find them in that
[01:28:02.280 --> 01:28:08.840]  public record, whoever holds them can use them for toilet paper.
[01:28:08.840 --> 01:28:16.560]  And this is a problem MERS got into because of the way they were operating.
[01:28:16.560 --> 01:28:23.280]  They would take these mortgages and put them into a large pool and then they would sell
[01:28:23.280 --> 01:28:27.720]  trances off that pool, a trance off of a pool.
[01:28:27.720 --> 01:28:35.120]  You can think of a pool as a large slice of beef and someone takes a 2% slice off that
[01:28:35.120 --> 01:28:36.120]  slice of beef.
[01:28:36.120 --> 01:28:39.720]  Well, it's maybe 10,000 mortgages in that thing.
[01:28:39.720 --> 01:28:42.120]  And they got three or four of these going.
[01:28:42.120 --> 01:28:45.360]  One of them is profitable, one of them is losing money.
[01:28:45.360 --> 01:28:49.200]  The one that's profitable, they're going to have to pay taxes on, so they'll lose.
[01:28:49.200 --> 01:28:50.900]  The one that's losing, they'll lose.
[01:28:50.900 --> 01:28:56.520]  So they take a trance off the profitable one and move it over to the one that's not profitable.
[01:28:56.520 --> 01:28:59.080]  And this way they adjust their tax burden.
[01:28:59.080 --> 01:29:03.560]  Well, the problem is county recorder requires any change in the beneficial interest to be
[01:29:03.560 --> 01:29:06.180]  filed with public record.
[01:29:06.180 --> 01:29:12.120]  So they have MERS stand in front as an agent for the lender.
[01:29:12.120 --> 01:29:17.580]  And then they got these lenders behind them that switch ownership back and forth and MERS
[01:29:17.580 --> 01:29:21.800]  stands as a straw lender.
[01:29:21.800 --> 01:29:25.880]  Problem with that is it's illegal.
[01:29:25.880 --> 01:29:38.840]  So that's the place to go that Joe can show where beneficial interest change hands from
[01:29:38.840 --> 01:29:41.840]  the Securities Exchange Commission records.
[01:29:41.840 --> 01:29:45.420]  And then you go look in the public record and you don't see that reflected in the public
[01:29:45.420 --> 01:29:46.420]  record.
[01:29:46.420 --> 01:29:49.400]  Then you file a breach of contract.
[01:29:49.400 --> 01:29:53.880]  And first you file a declaratory judgment suit to declare that there is no filing.
[01:29:53.880 --> 01:29:56.200]  Hang on, Randy Kelton, Rule of Law Radio.
[01:29:56.200 --> 01:29:58.040]  We'll be right back.
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[01:30:53.920 --> 01:30:57.040]  break-ins based on their victims' Facebook posts.
[01:30:57.040 --> 01:31:01.480]  Local police reported that 50 homes were broken into by tech-savvy criminals.
[01:31:01.480 --> 01:31:05.520]  They used Facebook posts to see when victims would be away from home and they timed their
[01:31:05.520 --> 01:31:06.940]  strikes accordingly.
[01:31:06.940 --> 01:31:11.240]  To avoid falling prey to Facebook bandits or worse, use this rule of thumb.
[01:31:11.240 --> 01:31:14.760]  If you wouldn't reveal your activities and whereabouts to hardened criminals or total
[01:31:14.760 --> 01:31:17.640]  strangers, you shouldn't put them on your social network page either.
[01:31:17.640 --> 01:31:19.360]  I'm Dr. Catherine Alabarct.
[01:31:19.360 --> 01:31:30.540]  More news and information at CatherineAlabarct.com.
[01:31:30.540 --> 01:31:35.920]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:35.920 --> 01:31:38.560]  The government says that fire brought it down.
[01:31:38.560 --> 01:31:42.980]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:42.980 --> 01:31:45.680]  Over 6,000 of my fellow service members have given their lives.
[01:31:45.680 --> 01:31:48.440]  Thousands of my fellow first responders are dying.
[01:31:48.440 --> 01:31:49.840]  I'm not a conspiracy theorist.
[01:31:49.840 --> 01:31:50.840]  I'm a structural engineer.
[01:31:50.840 --> 01:31:52.280]  I'm a New York City correction officer.
[01:31:52.280 --> 01:31:53.280]  I'm an Air Force pilot.
[01:31:53.280 --> 01:31:54.920]  I'm a father who lost his son.
[01:31:54.920 --> 01:31:57.520]  We're Americans and we deserve the truth.
[01:31:57.520 --> 01:32:00.040]  Go to RememberBuilding7.org today.
[01:32:00.040 --> 01:32:02.800]  Hey, it's Danny here for Hill Country Home Improvements.
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[01:32:58.640 --> 01:33:02.920]  May not actually be kidding about chemtrails.
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[01:33:06.560 --> 01:33:36.280]  That's it for this week, I'll see you in the next one.
[01:33:36.560 --> 01:33:47.640]  Okay, we are back, Randy Kelton, Rude Law Radio on this Friday, the 22nd day of June
[01:33:47.640 --> 01:33:50.360]  2018.
[01:33:50.360 --> 01:33:56.120]  And we're talking to, ooh, Charles is gone.
[01:33:56.120 --> 01:34:00.080]  Okay, so we're going to Tim in Texas.
[01:34:00.080 --> 01:34:01.080]  Hello, Tim.
[01:34:01.080 --> 01:34:04.800]  Or wait, I'm sorry, Tim, hold on, I was talking to John.
[01:34:04.800 --> 01:34:07.840]  Hang on, okay, back to John.
[01:34:07.840 --> 01:34:08.840]  Okay.
[01:34:08.840 --> 01:34:10.480]  I lost my place.
[01:34:10.480 --> 01:34:13.280]  Okay, John.
[01:34:13.280 --> 01:34:18.560]  From what I remember of your case, there were issues with assignments, and for anybody out
[01:34:18.560 --> 01:34:27.760]  there who has a mortgage issue, the most fertile place to go to are assignments.
[01:34:27.760 --> 01:34:37.680]  And in John's case, all of the names mentioned in the assignment are the same company.
[01:34:37.680 --> 01:34:43.580]  You have the original lender who issued a mortgage, and then you have an assignment
[01:34:43.580 --> 01:34:49.420]  by MERS from the original lender to the original lender.
[01:34:49.420 --> 01:34:52.340]  You have two of those.
[01:34:52.340 --> 01:35:00.040]  And when you see where MERS signs from the original lender to the original lender, what
[01:35:00.040 --> 01:35:10.840]  that tells you is, is that on the backside, behind MERS, the original lender negotiated
[01:35:10.840 --> 01:35:19.920]  the mortgage into a trust, and the original lender stayed on as the servicer.
[01:35:19.920 --> 01:35:22.640]  Now they don't tell you that.
[01:35:22.640 --> 01:35:27.640]  You think the original lender is still the original lender, and it's still the holder,
[01:35:27.640 --> 01:35:28.640]  but they're not.
[01:35:28.640 --> 01:35:31.480]  They're just the servicer for the holder.
[01:35:31.480 --> 01:35:40.240]  And then in the background, the mortgage or the note is negotiated to another party.
[01:35:40.240 --> 01:35:48.940]  Well, this other party has to designate their own agent.
[01:35:48.940 --> 01:35:53.720]  They have to enter into a contract with their servicing agent.
[01:35:53.720 --> 01:36:00.880]  So they will have MERS file an assignment from the previous servicer to the current
[01:36:00.880 --> 01:36:01.880]  servicer.
[01:36:01.880 --> 01:36:05.760]  Well, they're using the same servicer.
[01:36:05.760 --> 01:36:12.960]  So MERS signs from the original lender to the original lender.
[01:36:12.960 --> 01:36:13.960]  They do that twice.
[01:36:13.960 --> 01:36:19.520]  It tells you that property sold twice in the background, and it was not properly noticed
[01:36:19.520 --> 01:36:21.640]  in the public record.
[01:36:21.640 --> 01:36:28.640]  So then you, in a case like this one, where you only have one name in there, then you
[01:36:28.640 --> 01:36:35.780]  need someone like Joe Esquivel to go in and produce a record of the actual transactions
[01:36:35.780 --> 01:36:38.400]  that went on in the background.
[01:36:38.400 --> 01:36:47.600]  And then you can show that when MERS made this transfer, MERS is in the contract as
[01:36:47.600 --> 01:37:02.800]  the agent for the holder, and MERS is acting on behalf of the original lender to transfer
[01:37:02.800 --> 01:37:07.120]  the beneficial interest of the mortgage, but the original lender no longer holds the beneficial
[01:37:07.120 --> 01:37:10.280]  interest of the mortgage.
[01:37:10.280 --> 01:37:13.320]  They're just a servicer.
[01:37:13.320 --> 01:37:21.080]  And even if they are the agent for the holder, that holder's claim was required by the Real
[01:37:21.080 --> 01:37:27.480]  Estate Settlement Procedures Act to be noticed to the lender.
[01:37:27.480 --> 01:37:31.880]  And the contract required both parties to abide by all law.
[01:37:31.880 --> 01:37:37.720]  Whatever make your claim under the consumer protection laws, they're worthless.
[01:37:37.720 --> 01:37:41.960]  Make your claim under breach of contract.
[01:37:41.960 --> 01:37:49.520]  You issued a privilege to the lender in the form of a claim against the property.
[01:37:49.520 --> 01:37:56.600]  New York's a mortgage state, so you issued a claim against the property, and they breached
[01:37:56.600 --> 01:38:00.800]  the contract and thereby waived the claim.
[01:38:00.800 --> 01:38:01.800]  That's the argument.
[01:38:01.800 --> 01:38:08.160]  So the way to get that determined, the way to get your best ruling on it is to file a
[01:38:08.160 --> 01:38:19.720]  declaratory judgment suit and say, according to routers or Bloomberg, or whoever Joe used,
[01:38:19.720 --> 01:38:24.880]  in filings to the Securities and Exchange Commission, I have evidence to indicate that
[01:38:24.880 --> 01:38:32.000]  the original lender negotiated the beneficial interest in the mortgage to this backside
[01:38:32.000 --> 01:38:40.200]  trust but failed to report that change in beneficial interest to the lender in violation
[01:38:40.200 --> 01:38:48.200]  of covenant 16 of the mortgage and thereby waived the privilege granted in the mortgage.
[01:38:48.200 --> 01:38:51.120]  Does that make sense, John?
[01:38:51.120 --> 01:38:55.720]  It's pretty straightforward.
[01:38:55.720 --> 01:39:04.920]  That's exactly the kind of claim I kept Rick and the California courts on for six years.
[01:39:04.920 --> 01:39:08.200]  One claim.
[01:39:08.200 --> 01:39:10.120]  That's the best one in your case.
[01:39:10.120 --> 01:39:13.000]  You actually have two of them.
[01:39:13.000 --> 01:39:16.120]  You can adjudicate them separately.
[01:39:16.120 --> 01:39:23.240]  You do the first one, when you get to the Supreme and the Supreme refuses to accept
[01:39:23.240 --> 01:39:25.280]  your cert, you file the second one.
[01:39:25.280 --> 01:39:31.960]  When you get through the second one, then you do an analysis of the mortgage payments,
[01:39:31.960 --> 01:39:32.960]  the money.
[01:39:32.960 --> 01:39:37.080]  They always get the money wrong.
[01:39:37.080 --> 01:39:41.120]  You take what they're charging you, compare what they're charging you to what the note
[01:39:41.120 --> 01:39:42.120]  says.
[01:39:42.120 --> 01:39:50.840]  75% of the time, I find that they charge you an amount different from what you agreed to
[01:39:50.840 --> 01:39:54.720]  pay.
[01:39:54.720 --> 01:39:59.280]  Most of the time it's more, sometimes it's less.
[01:39:59.280 --> 01:40:02.320]  Either one is as bad as the other.
[01:40:02.320 --> 01:40:07.080]  I've had people who were charged less than they should have been and they thought they
[01:40:07.080 --> 01:40:08.640]  were doing really good.
[01:40:08.640 --> 01:40:11.320]  No, guys, no, guys.
[01:40:11.320 --> 01:40:18.040]  They're being set up because what they do is they want you to pay the mortgage down
[01:40:18.040 --> 01:40:22.080]  enough so that you have some nice equity in it.
[01:40:22.080 --> 01:40:27.760]  They've received their money back over all this time, but by the time you get 80% of
[01:40:27.760 --> 01:40:31.920]  the mortgage paid down, they've got all their money back, then some.
[01:40:31.920 --> 01:40:39.760]  So they don't have anything in the property except interest.
[01:40:39.760 --> 01:40:44.160]  But now the property's got a lot of equity in it, now they want to foreclose on it.
[01:40:44.160 --> 01:40:46.620]  So they're gonna watch your payments.
[01:40:46.620 --> 01:40:54.320]  When you show two slow pays in a row, they're gonna come back and say, my goodness, we made
[01:40:54.320 --> 01:40:55.980]  a mistake.
[01:40:55.980 --> 01:41:02.920]  We haven't been charging you enough, pay us $20,000 or we foreclose.
[01:41:02.920 --> 01:41:07.520]  I have a lot of people with this exact issue.
[01:41:07.520 --> 01:41:12.080]  So everybody needs to check what they're actually paying very carefully.
[01:41:12.080 --> 01:41:15.880]  You're dealing with the money changers.
[01:41:15.880 --> 01:41:21.000]  Jesus went all over the Middle East preaching what the Jews essentially construed to be
[01:41:21.000 --> 01:41:23.000]  heresy.
[01:41:23.000 --> 01:41:30.000]  And Paul, Saul from Tarsus went to the Pharisees and asked them to crucify Jesus and they said,
[01:41:30.000 --> 01:41:34.720]  we don't care what he's preaching, leave him alone, he's not bothering anybody.
[01:41:34.720 --> 01:41:38.120]  He didn't get in trouble until he went into the temple and kicked over the tables of the
[01:41:38.120 --> 01:41:42.760]  money changers, those were the bad guys.
[01:41:42.760 --> 01:41:45.780]  And in mortgages, you're dealing with the money changers.
[01:41:45.780 --> 01:41:50.080]  They are liars and thieves, they are the worst of the worst.
[01:41:50.080 --> 01:41:56.480]  So protect yourself, check what you're actually paying.
[01:41:56.480 --> 01:41:59.920]  Excuse me, I'm having a little bit of a voice issue.
[01:41:59.920 --> 01:42:04.700]  Check what you're actually paying, make sure it's correct, it almost never is.
[01:42:04.700 --> 01:42:10.400]  So when you find it's not correct, that's fraud and you can go straight for their throats.
[01:42:10.400 --> 01:42:17.400]  So you run the declaratory judgments first and you can do a declaratory judgment on an
[01:42:17.400 --> 01:42:22.560]  accounting like I did one for a woman in California.
[01:42:22.560 --> 01:42:30.640]  She was following the treasury index and I ran all of her payments and all of the treasury
[01:42:30.640 --> 01:42:36.440]  index changes every month that occurred for the entire period of the note and I could
[01:42:36.440 --> 01:42:43.040]  ask the court for declaratory judgment and declare that based on these, this contract
[01:42:43.040 --> 01:42:52.260]  and these numbers and these treasury changes that the borrower should owe this exact amount
[01:42:52.260 --> 01:42:56.160]  to the penny and they can find a declaratory judgment on that.
[01:42:56.160 --> 01:43:01.040]  If they give you declaratory judgment on that, then you take this notice you have from the
[01:43:01.040 --> 01:43:06.000]  lender that says that you owe more than this.
[01:43:06.000 --> 01:43:11.880]  Fraud straight up, then you take them to court and the matter is it's not a matter of whether
[01:43:11.880 --> 01:43:17.640]  you can prove fraud or not, that's res judicata, that's already been determined, just a matter
[01:43:17.640 --> 01:43:22.560]  of how much you can sue them for what the settlement is.
[01:43:22.560 --> 01:43:27.560]  Hang on, about to go to break, gosh, I got 30 seconds.
[01:43:27.560 --> 01:43:31.840]  So the main thing you want to do is bring them to the table.
[01:43:31.840 --> 01:43:35.660]  You want to get as good a claim as you can get against them and then ask the judge to
[01:43:35.660 --> 01:43:41.140]  order mediation, bring them to the table and say, okay, this is what we got against you.
[01:43:41.140 --> 01:43:46.600]  Make us another deal, redo this note, knock off a bunch of all of the fines, give us a
[01:43:46.600 --> 01:43:49.360]  deal we can't pass up and we start it over again.
[01:43:49.360 --> 01:44:00.600]  Hang on, Randy Kelton, Rule of Law Radio, we'll be right back.
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[01:46:47.200 --> 01:46:55.760]  We are back, Randy Kelton, Rule of Law Radio on this Friday, the 22nd day of June, 2018.
[01:46:55.760 --> 01:46:57.960]  And we're talking to John in New York.
[01:46:57.960 --> 01:47:01.080]  Okay, John, did that make sense?
[01:47:01.080 --> 01:47:07.720]  It made perfect sense and it seems to go right along with what Joe Esquivel determined was
[01:47:07.720 --> 01:47:09.880]  a wrongful foreclosure.
[01:47:09.880 --> 01:47:15.920]  He said that the bank sold the note, sold the mortgage, sold the note, whatever you
[01:47:15.920 --> 01:47:16.920]  want to call it.
[01:47:16.920 --> 01:47:23.240]  Okay, the term is, they negotiated the note.
[01:47:23.240 --> 01:47:26.800]  The mortgage is the lien document.
[01:47:26.800 --> 01:47:29.200]  The note is the promise to pay.
[01:47:29.200 --> 01:47:33.960]  Promise to pay, right, and that's like bearer paper.
[01:47:33.960 --> 01:47:43.520]  So, what they did was the bank sold the note to Ginny Mae, but Ginny Mae never filed the
[01:47:43.520 --> 01:47:47.040]  claim and HSBC didn't file the claim.
[01:47:47.040 --> 01:47:53.160]  Nobody filed Ginny Mae's name to the county clerk and New York State law, like most state
[01:47:53.160 --> 01:47:59.040]  laws, says you didn't file it, therefore you don't have a claim on the property.
[01:47:59.040 --> 01:48:01.800]  And Joe said the foreclosure, therefore, was fraud.
[01:48:01.800 --> 01:48:05.840]  Now, does that make sense that I say it right?
[01:48:05.840 --> 01:48:12.800]  Yes, you said it exactly right, except try to avoid fraud.
[01:48:12.800 --> 01:48:19.640]  Fraud is a lot harder to prove than saying that the foreclosure was wrongful.
[01:48:19.640 --> 01:48:22.600]  Yeah, wrongful foreclosure, that's correct.
[01:48:22.600 --> 01:48:23.600]  Yeah, wrongful.
[01:48:23.600 --> 01:48:28.720]  If you claim wrongful, you don't have to prove malicious intent.
[01:48:28.720 --> 01:48:30.400]  Right.
[01:48:30.400 --> 01:48:33.840]  So it was wrongful foreclosure and it seems to go along with what you said.
[01:48:33.840 --> 01:48:36.280]  Now, we just need to make this all happen.
[01:48:36.280 --> 01:48:40.280]  Now, her mother is also on the D.
[01:48:40.280 --> 01:48:43.280]  Whoa.
[01:48:43.280 --> 01:48:49.240]  Was her mother named in the suit, to the foreclosure suit by the bank?
[01:48:49.240 --> 01:48:53.160]  Yes, her name was included in the foreclosure suit.
[01:48:53.160 --> 01:48:54.160]  Oh, okay.
[01:48:54.160 --> 01:48:57.320]  So can she ask for her daughter, can she ask for her daughter?
[01:48:57.320 --> 01:49:01.320]  Wait, say that again.
[01:49:01.320 --> 01:49:06.680]  Could the mother, because the mother was named in the suit as a descendant, can the mother
[01:49:06.680 --> 01:49:14.640]  turn around and in her daughter's place, file a declaratory judgment and do all this stuff?
[01:49:14.640 --> 01:49:16.500]  Absolutely.
[01:49:16.500 --> 01:49:18.720]  So the mother can do it for the daughter?
[01:49:18.720 --> 01:49:19.720]  Yes.
[01:49:19.720 --> 01:49:21.720]  Okay, that's great.
[01:49:21.720 --> 01:49:23.680]  Randy, we need to make this happen.
[01:49:23.680 --> 01:49:29.800]  So I want to help you with other things, we can discuss that off the air.
[01:49:29.800 --> 01:49:32.960]  I'm very good at what I do.
[01:49:32.960 --> 01:49:37.960]  My stuff is medical, but legal, I'm not, you know, I'm really...
[01:49:37.960 --> 01:49:39.640]  Okay, I got that.
[01:49:39.640 --> 01:49:41.880]  We'll talk about that off the air.
[01:49:41.880 --> 01:49:44.920]  Okay, then there's one other thing.
[01:49:44.920 --> 01:49:45.920]  There's one other thing.
[01:49:45.920 --> 01:49:53.360]  If there's anything you have to add to the wrongful foreclosure, go ahead, because I
[01:49:53.360 --> 01:49:55.640]  kind of interrupted you.
[01:49:55.640 --> 01:49:57.360]  Well, that's about it.
[01:49:57.360 --> 01:50:02.820]  We just need to find an issue that you can make a claim on, make the claim, it can be
[01:50:02.820 --> 01:50:10.120]  very short and sweet, do just a couple of pages and put them in a court.
[01:50:10.120 --> 01:50:16.100]  Okay, and then give me a fair warning as to what to expect, you know, I know anything
[01:50:16.100 --> 01:50:20.800]  can happen, but give me a rough idea, all the different things that might happen so
[01:50:20.800 --> 01:50:22.440]  I can be prepared for them.
[01:50:22.440 --> 01:50:30.800]  The nice thing about litigation, and from your perspective, if you're the one suing
[01:50:30.800 --> 01:50:37.140]  for remedy, it's not such a good thing, but if you're the one being sued, it's a good
[01:50:37.140 --> 01:50:43.420]  thing, it can be a good thing, especially in a mortgage issue, is litigating these issues
[01:50:43.420 --> 01:50:46.440]  take forever.
[01:50:46.440 --> 01:50:51.600]  And if you're in the property, then you get to maintain possession while the litigation
[01:50:51.600 --> 01:50:53.840]  goes on.
[01:50:53.840 --> 01:50:58.600]  And you can keep these in court, you do one of these declaratory judgments at a time,
[01:50:58.600 --> 01:51:03.000]  you can keep them in court until they squeak, and then bring them to the table, get them
[01:51:03.000 --> 01:51:09.480]  to make a deal you can live with, remortgage the whole thing, start all over, with a much
[01:51:09.480 --> 01:51:10.960]  lowered principle.
[01:51:10.960 --> 01:51:11.960]  Okay.
[01:51:11.960 --> 01:51:16.360]  It's already out of the house though.
[01:51:16.360 --> 01:51:17.640]  Oh, okay.
[01:51:17.640 --> 01:51:25.000]  Then you sue for the harm that you suffered for being evicted out of the house.
[01:51:25.000 --> 01:51:26.000]  Okay.
[01:51:26.000 --> 01:51:27.000]  All right.
[01:51:27.000 --> 01:51:28.000]  Then I got another thing here.
[01:51:28.000 --> 01:51:33.960]  You mentioned to me, to read the UCC code, UCC, which is much better than the consumer
[01:51:33.960 --> 01:51:36.240]  protection law.
[01:51:36.240 --> 01:51:42.840]  I downloaded what I thought was the New York State UCC, but whatever I downloaded, it looks
[01:51:42.840 --> 01:51:46.160]  like a jigsaw puzzle at its best.
[01:51:46.160 --> 01:51:49.080]  So what in the UCC will allow me...
[01:51:49.080 --> 01:51:50.640]  Oh, don't ask me.
[01:51:50.640 --> 01:51:52.160]  I don't have it memorized.
[01:51:52.160 --> 01:51:56.480]  I've been through it lots of times.
[01:51:56.480 --> 01:51:58.520]  I need somebody who's an expert in UCC.
[01:51:58.520 --> 01:52:01.560]  I could go in and find it, but I can't do it while I'm on the air.
[01:52:01.560 --> 01:52:07.000]  What I'm saying is, what I'm saying is I'm trying to distance myself, here's the
[01:52:07.000 --> 01:52:08.000]  purpose.
[01:52:08.000 --> 01:52:14.280]  I'm trying to distance myself from the collection agency that's been hired by the state to
[01:52:14.280 --> 01:52:19.160]  get me to pay back taxes.
[01:52:19.160 --> 01:52:26.200]  Have you checked your credit to see if they've done a pull on your credit?
[01:52:26.200 --> 01:52:29.240]  Say that again.
[01:52:29.240 --> 01:52:31.800]  Why would they do a pull on my credit?
[01:52:31.800 --> 01:52:37.560]  They do that all the time, and they shouldn't, because it's a felony for them to do that,
[01:52:37.560 --> 01:52:38.560]  but they do it anyway.
[01:52:38.560 --> 01:52:39.560]  Who's they?
[01:52:39.560 --> 01:52:41.360]  Now say that again.
[01:52:41.360 --> 01:52:42.960]  The collecting agencies.
[01:52:42.960 --> 01:52:46.600]  Oh, the collection agency, they do a pull on my credit?
[01:52:46.600 --> 01:52:51.680]  Yes, and if they've done one after they started collecting, then that puts a mark
[01:52:51.680 --> 01:52:54.120]  on your credit.
[01:52:54.120 --> 01:52:59.520]  And I suspect they do that, so they will put a mark on your credit, but it's a felony
[01:52:59.520 --> 01:53:00.760]  for them to do that.
[01:53:00.760 --> 01:53:05.080]  If you can catch them doing that, you can really sting them.
[01:53:05.080 --> 01:53:10.680]  Okay, under any circumstances, they're not supposed to do a pull on my credit?
[01:53:10.680 --> 01:53:14.680]  After they've initiated collection procedures.
[01:53:14.680 --> 01:53:20.120]  So they've already initiated, the letter is an official collection procedure, is it
[01:53:20.120 --> 01:53:21.120]  not?
[01:53:21.120 --> 01:53:22.120]  Yes.
[01:53:22.120 --> 01:53:26.080]  So, in other words, now if they do a pull on my credit, they're toast.
[01:53:26.080 --> 01:53:27.400]  They're toast.
[01:53:27.400 --> 01:53:31.280]  They'll pay you to go away and leave them alone.
[01:53:31.280 --> 01:53:32.920]  I'm sorry?
[01:53:32.920 --> 01:53:35.560]  They will pay you to go away and leave them alone.
[01:53:35.560 --> 01:53:36.560]  Oh, yeah.
[01:53:36.560 --> 01:53:37.560]  Oh, yeah.
[01:53:37.560 --> 01:53:39.520]  I've done that before to other collection agencies.
[01:53:39.520 --> 01:53:43.440]  I had some debts that were not my debts.
[01:53:43.440 --> 01:53:48.440]  They tried to collect anyway, but that's not why, it was two other collection agencies,
[01:53:48.440 --> 01:53:49.440]  that's not why I sued them.
[01:53:49.440 --> 01:53:54.520]  I sued them because they violated the Fair Debt Collection Practices Act, which I know,
[01:53:54.520 --> 01:53:58.960]  I'm very familiar with that because I was a debt collector, and I was able to sue one
[01:53:58.960 --> 01:54:02.840]  for 300 and one for 700, and I got the money.
[01:54:02.840 --> 01:54:06.320]  And that was my portion of the money, the lawyers took their portion.
[01:54:06.320 --> 01:54:11.800]  Okay, so you may be able to set them up.
[01:54:11.800 --> 01:54:14.760]  Yep, with the softball, right?
[01:54:14.760 --> 01:54:15.760]  Yeah.
[01:54:15.760 --> 01:54:19.320]  Have you done a debt validation letter?
[01:54:19.320 --> 01:54:20.320]  Not yet.
[01:54:20.320 --> 01:54:22.120]  I'm waiting towards the end of the month.
[01:54:22.120 --> 01:54:24.480]  They dated their letter June 1st.
[01:54:24.480 --> 01:54:32.120]  I was going to do a debt validation letter maybe around the 25th to stretch it out a
[01:54:32.120 --> 01:54:33.120]  little bit.
[01:54:33.120 --> 01:54:34.120]  Yeah.
[01:54:34.120 --> 01:54:35.120]  Okay.
[01:54:35.120 --> 01:54:37.680]  Do that and get them started.
[01:54:37.680 --> 01:54:43.600]  Okay, now debt validation letter, I do not recognize this debt, please verify that the
[01:54:43.600 --> 01:54:49.280]  debt is real, it's not my debt, blah, blah, blah, whatever I say in the letter, I don't
[01:54:49.280 --> 01:54:52.040]  believe this is mine, I dispute it.
[01:54:52.040 --> 01:54:54.480]  Yeah, prove it up.
[01:54:54.480 --> 01:55:00.520]  Now question, you made a comment about this stuff before and you said pooh, pooh, that
[01:55:00.520 --> 01:55:01.520]  it's not real.
[01:55:01.520 --> 01:55:08.800]  I do not recognize you, you're a third party, I have no contract with you, go away.
[01:55:08.800 --> 01:55:09.800]  Can you comment on that?
[01:55:09.800 --> 01:55:14.800]  Is that what you refer to as the patriots nonsense?
[01:55:14.800 --> 01:55:21.600]  That's not patriot mythology, that goes to you have no duty to stipulate to anything.
[01:55:21.600 --> 01:55:27.600]  In foreclosure issues when someone files bankruptcy, I always have them file a chapter seven and
[01:55:27.600 --> 01:55:30.240]  claim the property is unsecured.
[01:55:30.240 --> 01:55:34.680]  And they say, well, there's a note against it, yeah, maybe there is, but you don't have
[01:55:34.680 --> 01:55:38.480]  a duty to stipulate to anything.
[01:55:38.480 --> 01:55:41.240]  If somebody has a claim, bring it.
[01:55:41.240 --> 01:55:44.800]  And then when you bring that claim, prove it up.
[01:55:44.800 --> 01:55:48.600]  And that puts the banks in a position to where in order to assert their claim, they have
[01:55:48.600 --> 01:55:51.320]  to prove their claim.
[01:55:51.320 --> 01:55:57.360]  Now they're dealing with a bankruptcy trustee who has a whole different agenda than those
[01:55:57.360 --> 01:56:00.600]  federal court judges that are paid off.
[01:56:00.600 --> 01:56:07.000]  But in your case, you don't have to stipulate that you owe this debt, you don't have to
[01:56:07.000 --> 01:56:08.000]  stipulate to anything.
[01:56:08.000 --> 01:56:14.800]  I don't know who you are, never even contract you, never even into contract with your alleged
[01:56:14.800 --> 01:56:17.360]  principal, prove it up.
[01:56:17.360 --> 01:56:21.280]  And that's what they can't do.
[01:56:21.280 --> 01:56:26.400]  Well, yeah, no, they'll be able to prove it, they'll just go to the state of New York and
[01:56:26.400 --> 01:56:27.400]  they'll get the paperwork.
[01:56:27.400 --> 01:56:34.480]  Oh, no, they'll be able to prove that a contract existed, but they won't be able to prove that
[01:56:34.480 --> 01:56:39.680]  they have agency standing in capacity under the contract.
[01:56:39.680 --> 01:56:42.040]  So how do I word my letter?
[01:56:42.040 --> 01:56:46.600]  Okay, send me an email, I'll send you a debt validation letter.
[01:56:46.600 --> 01:56:48.560]  You don't have to tell them everything.
[01:56:48.560 --> 01:56:54.040]  One thing the proceeds try to do is give all the law to the other side.
[01:56:54.040 --> 01:56:58.000]  Do not give them legal advice.
[01:56:58.000 --> 01:57:03.880]  Tell them what you want, do not give them the law that orders them to do what you want.
[01:57:03.880 --> 01:57:05.600]  Just tell them what you want.
[01:57:05.600 --> 01:57:10.040]  I don't know who you are, never even into contract with you, never even into contract
[01:57:10.040 --> 01:57:15.880]  with your alleged principal, prove up your claim.
[01:57:15.880 --> 01:57:16.880]  Just like that?
[01:57:16.880 --> 01:57:17.880]  Yep.
[01:57:17.880 --> 01:57:18.880]  Okay, please.
[01:57:18.880 --> 01:57:23.280]  Send me an email, I've got some made up, I'll send them to you.
[01:57:23.280 --> 01:57:24.600]  Oh, please do.
[01:57:24.600 --> 01:57:25.600]  Thank you very kindly.
[01:57:25.600 --> 01:57:26.600]  Okay.
[01:57:26.600 --> 01:57:27.600]  Okay.
[01:57:27.600 --> 01:57:28.600]  Thank you, John.
[01:57:28.600 --> 01:57:30.280]  Now we're going to go to Tim in Texas.
[01:57:30.280 --> 01:57:31.280]  Hello, Tim.
[01:57:31.280 --> 01:57:33.280]  Hello, sir.
[01:57:33.280 --> 01:57:34.280]  You got one minute.
[01:57:34.280 --> 01:57:35.280]  That's what I figured.
[01:57:35.280 --> 01:57:47.120]  You know, I couldn't get you on the internet tonight, so I went ahead and called in.
[01:57:47.120 --> 01:57:50.640]  Can't hear you, can't get you on, I don't know what's going on, but didn't listen to
[01:57:50.640 --> 01:57:51.640]  you last night either.
[01:57:51.640 --> 01:57:52.640]  What?
[01:57:52.640 --> 01:57:53.640]  What?
[01:57:53.640 --> 01:57:54.640]  What?
[01:57:54.640 --> 01:57:55.640]  Yeah.
[01:57:55.640 --> 01:57:56.640]  You didn't-
[01:57:56.640 --> 01:57:57.640]  I forgot all about it, man.
[01:57:57.640 --> 01:57:58.640]  I worked so hard yesterday, I was almost in delirium.
[01:57:58.640 --> 01:57:59.640]  What?
[01:57:59.640 --> 01:58:02.560]  Why don't you just stick me in the eye with a sharp stick?
[01:58:02.560 --> 01:58:08.280]  Well, you know, it was so hot yesterday that I sweat and was just-
[01:58:08.280 --> 01:58:10.840]  Wait, wait, don't spread that propaganda.
[01:58:10.840 --> 01:58:12.880]  It never gets hot in Texas.
[01:58:12.880 --> 01:58:15.880]  That's a bunch of Yankee propaganda.
[01:58:15.880 --> 01:58:20.640]  No, it gets hot.
[01:58:20.640 --> 01:58:24.920]  Well, anyway, we're fixing to go to break, right?
[01:58:24.920 --> 01:58:25.920]  Yes.
[01:58:25.920 --> 01:58:28.760]  Matter of fact, your minutes used up.
[01:58:28.760 --> 01:58:29.760]  Okay.
[01:58:29.760 --> 01:58:30.760]  Hang on.
[01:58:30.760 --> 01:58:33.040]  This is Randy Kelton, Rule of Law Radio.
[01:58:33.040 --> 01:58:37.020]  Our call-in number, 512-646-1984.
[01:58:37.020 --> 01:58:41.680]  We got an empty slot, so if you have a question or comment, give us a call.
[01:58:41.680 --> 01:58:50.240]  We'll be right back.
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