ROL_2018-06-29_16k_Hr3-4.timecode

[00:00.000 --> 00:29.640]  Markets for the 11th of April 2018 closed with gold $1,353.22 an ounce.
[00:29.640 --> 00:39.120]  It's over $16.68 an ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereums at
[00:39.120 --> 00:55.640]  $420.80, bitcoin cash at $652.90, and finally light coins at $114.34, a crypto coin.
[00:55.640 --> 01:01.360]  Today in History, the year 1968, President Lyndon B. Johnson signed the Civil Rights Act
[01:01.360 --> 01:06.320]  of 1968, which prohibited private businesses from discriminating based on race, color,
[01:06.320 --> 01:08.120]  religion, sex, or national origin.
[01:08.120 --> 01:13.320]  It also prohibited unequal application of voter registration requirements, racial segregation
[01:13.320 --> 01:18.280]  in public schools, and employment, and public accommodations for places of business.
[01:18.280 --> 01:24.120]  Today in History.
[01:24.120 --> 01:28.120]  For recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:28.120 --> 01:32.400]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:32.400 --> 01:36.840]  is being blamed on the democratically elected President of Syria, Bashar al-Assad, by the
[01:36.840 --> 01:41.600]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:41.600 --> 01:43.480]  evidence as of yet.
[01:43.480 --> 01:47.320]  President Trump tweeted today Wednesday that if, quote, Russia vows to shoot down any and
[01:47.320 --> 01:51.640]  all missiles fired at Syria, get ready, Russia, because they will be coming in nice and new
[01:51.640 --> 01:56.480]  and smart, going on to warn Russia that you shouldn't be partners with a gas-killing animal
[01:56.480 --> 01:58.720]  who kills his people and enjoys it.
[01:58.720 --> 02:02.720]  Many in the West, including President Trump, have been quick to conclude that this chemical
[02:02.720 --> 02:06.880]  attack must have been conducted by Assad and his forces.
[02:06.880 --> 02:11.160]  Syria and Russia, on the other hand, have given approval since yesterday for the organization
[02:11.160 --> 02:15.720]  for the prohibition of chemical weapons to investigate the side of the chemical slaughter.
[02:15.720 --> 02:19.520]  Assad has been successful in maintaining rule and support during Syria's seven-year civil
[02:19.520 --> 02:24.120]  war, a civil war that is being fought by the government of Syria and anti-Assad Syrian
[02:24.120 --> 02:28.920]  rebels that are openly being funded by Western governments, with ISIS being one of the more
[02:28.920 --> 02:32.680]  notorious swinner groups of the American-backed Syrian rebels.
[02:32.680 --> 02:38.000]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakhova posted on Facebook
[02:38.000 --> 02:43.040]  that smart missiles should be fired at terrorists and not at a legitimate government which has
[02:43.040 --> 02:47.240]  been fighting terrorists, or is this a trick to destroy all traces with a smart missile
[02:47.240 --> 02:54.240]  strike, and then there will be no evidence for international inspectors to look at.
[03:17.240 --> 03:24.240]  Okay, we are back, Randy Kelton, Reelah Law Radio on this Friday, the 29th of June, 2018,
[03:28.680 --> 03:35.680]  and we do have an open slot on the board to our call-in number 512-646-1984. We were
[03:36.880 --> 03:43.880]  talking to Jermaine in Alabama. Okay, Jermaine, go ahead.
[03:43.880 --> 03:50.880]  Yeah, okay, Randy. He was telling me about what would I have to prove if I get a declaratory
[03:52.600 --> 03:59.600]  judgment. He told me to think about it. I think I would have to go in because there
[04:00.600 --> 04:07.600]  was no judgment, there was no judgment or no conviction, and there was no debt due plus
[04:07.600 --> 04:14.600]  you said they don't have the long-arm statute and instead come back calls together, so I
[04:14.600 --> 04:20.600]  think I would argue those points right there.
[04:20.600 --> 04:27.600]  Yeah, so perfect. You got it. So you go before this court and you say if you were able to
[04:28.680 --> 04:34.720]  prove that there was no long-arm statute, so the state of Tennessee did not have authority
[04:34.720 --> 04:39.840]  to move against your license because of something that happened in another state. See, the state
[04:39.840 --> 04:46.840]  of Tennessee was in the compact, but in 1996 they opted out, so they don't have the power
[04:47.480 --> 04:52.640]  to do that in that case, and then they wouldn't in any case because there was no adjudication
[04:52.640 --> 04:59.640]  against you. You need to look at what the statute they're relying on that allows them
[04:59.640 --> 05:06.640]  to revoke a license, and it's almost certainly going to go to a conviction.
[05:07.720 --> 05:14.720]  They did send me the statute that they were relying on in that paper. I did read it, but
[05:14.760 --> 05:19.160]  I don't remember it or paid them, so I'll go back and read it again because they did
[05:19.160 --> 05:22.480]  send me the statute that they were relying on.
[05:22.480 --> 05:29.480]  So if it does say they can revoke your license just because you've been accused of something,
[05:30.480 --> 05:33.480]  that's going to go to a constitutional issue.
[05:33.480 --> 05:35.480]  Okay.
[05:35.480 --> 05:50.480]  If you can undermine one element, that's enough, and the element of them not being in the compact,
[05:50.480 --> 05:56.480]  that might be enough. That was an issue I was going to take on for somebody else one
[05:56.480 --> 06:06.480]  time when we were leaving here in Tennessee, but he's now in Florida. He's kind of flown
[06:06.480 --> 06:16.480]  the coop, but he got out of jail, and that was most important. But that was one of the issues
[06:16.480 --> 06:20.480]  I was going to take on. They're not in the compact, so they're making a difference what
[06:20.480 --> 06:23.480]  happened in another state.
[06:23.480 --> 06:34.480]  Okay. So in filing this declaratory judgment, what court would this be filed in?
[06:34.480 --> 06:40.480]  It's generally a state court. I haven't seen the declaratory judgment statute in Tennessee,
[06:40.480 --> 06:45.480]  but since this involves two states, you could file it in the FAT.
[06:45.480 --> 06:48.480]  Okay. The federal district court.
[06:48.480 --> 06:56.480]  Yeah, it's only cost 15 bucks. Then they're going to have to hire lawyers to challenge
[06:56.480 --> 06:59.480]  to fight it.
[06:59.480 --> 07:07.480]  And the first thing you do is bargue the lawyers just for yucks.
[07:07.480 --> 07:14.480]  So do I only just bring in Tennessee or bring in Kentucky too?
[07:14.480 --> 07:22.480]  Women. Say that again. I miss part of that. Do I just bring in Tennessee only?
[07:22.480 --> 07:30.480]  Oh, you would actually, yeah, Tennessee is the only one that's taking action against you.
[07:30.480 --> 07:38.480]  But since this involves issues from two states, you should be able to pull this in the federal court.
[07:38.480 --> 07:45.480]  Okay. If not, let them move to remand or let them challenge it if they want to.
[07:45.480 --> 07:57.480]  You don't care. You just want to give them hassle and keep them from getting an injunction against them
[07:57.480 --> 08:07.480]  so that you can drive and not be cited until this issue is resolved and then you keep them in court until they get old.
[08:07.480 --> 08:12.480]  So this should be done simultaneously?
[08:12.480 --> 08:14.480]  Yes.
[08:14.480 --> 08:17.480]  Yeah, the declaratory judgment.
[08:17.480 --> 08:23.480]  Yes, declaratory judgment. No, not until you get it. Yeah.
[08:23.480 --> 08:29.480]  You might want to, in the declaratory judgment, ask for a restraining order.
[08:29.480 --> 08:32.480]  You can do that in a declaratory judgment.
[08:32.480 --> 08:34.480]  Okay.
[08:34.480 --> 08:46.480]  So ask them to restrain the state from acting on this adjudication until you can get a proper hearing on it.
[08:46.480 --> 08:48.480]  Okay.
[08:48.480 --> 08:52.480]  Okay. Good luck with that.
[08:52.480 --> 08:54.480]  I definitely appreciate that, man.
[08:54.480 --> 09:00.480]  Okay, dope. And now we're going to go to George in Arizona. Hello, George.
[09:00.480 --> 09:08.480]  And Leslie, I see you there. We'll have plenty of time to get to you. I know you've been holding a long time,
[09:08.480 --> 09:14.480]  but George was on when we started, so I needed to take him. Go ahead, George.
[09:14.480 --> 09:18.480]  Yes, Randy. Thanks for taking my call.
[09:18.480 --> 09:29.480]  I guess I spoke to you several months ago. I was in a lawsuit with a couple sheriff deputies.
[09:29.480 --> 09:39.480]  And that I filed on. And at this point, we're getting towards the end of discovery.
[09:39.480 --> 09:48.480]  And I recently had a conference with the judge and the defense.
[09:48.480 --> 10:13.480]  And I was looking to get punitive damages. And my deal right now is I'm trying to prove personal and malicious actions to get that.
[10:13.480 --> 10:29.480]  And when I'm trying to figure out, talking to the judge, he claims that as of yet, there isn't proof that it was malicious.
[10:29.480 --> 10:33.480]  You're not at that point yet. You're still in discovery.
[10:33.480 --> 10:43.480]  Well, we're in discovery, but I guess the reason it came... Okay, okay. Wait, hang on. We're about to go to break.
[10:43.480 --> 10:50.480]  This is Randy Kelton, rule of law radio. Call in number 512-646-1984.
[10:50.480 --> 10:57.480]  We've got a couple slots open on the board. We'll be right back. Wait a minute.
[10:57.480 --> 11:04.480]  I misread the clock. Ignore me. We've got six minutes left. I'm just looking at the seconds and not the minutes.
[11:04.480 --> 11:07.480]  Go ahead. I'm sorry. I'm brain dead.
[11:07.480 --> 11:19.480]  Okay. The reason it came up is because in discovery, I requested their proof of financial condition.
[11:19.480 --> 11:23.480]  And they objected to it, of course.
[11:23.480 --> 11:28.480]  And so what did that mean, proof of financial condition?
[11:28.480 --> 11:43.480]  Well, in order to get punitive damages, I actually have to show what their financial condition is so that the jury can award me punitive damages.
[11:43.480 --> 11:52.480]  Because without that, they don't know what they're worth. And punitive damages are to punish the wrongdoer.
[11:52.480 --> 12:01.480]  Oh, okay. So you're asking the... Who did you sue? The officers individually or did you sue the jurisdiction?
[12:01.480 --> 12:06.480]  Two deputies. Yes, individually.
[12:06.480 --> 12:14.480]  Okay. So, and they're asking for protection from revealing their finances?
[12:14.480 --> 12:16.480]  Yes, that's correct.
[12:16.480 --> 12:36.480]  Oh, okay. That's kind of standard. But since you have apparently sued them individually and the jurisdiction was unable to capture them under their umbrella, then they should be on their own.
[12:36.480 --> 12:39.480]  Who is defending them?
[12:39.480 --> 12:40.480]  Pardon me?
[12:40.480 --> 12:44.480]  Who is defending them? Did they hire their own lawyers?
[12:44.480 --> 12:50.480]  You know, the lawyers are actually, I believe, hired by their insurance.
[12:50.480 --> 12:58.480]  Oh, okay. Okay. What I was going for, if it's a prosecutor, you'd have a good shot at the prosecutor.
[12:58.480 --> 13:03.480]  But okay, so you've got these guys on their own. This is wonderful.
[13:03.480 --> 13:04.480]  Right.
[13:04.480 --> 13:10.480]  So they're just asking for protection order and unlikely they'll get it.
[13:10.480 --> 13:30.480]  Oh, yes. They have gotten it for now. What I did ask the judge was if through further discovery, if I can prove that it was malicious in nature, if I could bring this back up, he agreed that that could be done.
[13:30.480 --> 13:35.480]  Okay. I was going to say, this is premature. This is not ripe yet.
[13:35.480 --> 13:36.480]  So it would be...
[13:36.480 --> 13:41.480]  I don't do it now. If I don't do it at this point, I can't do it later.
[13:41.480 --> 13:42.480]  Yes, you can.
[13:42.480 --> 13:44.480]  When the discovery is finished.
[13:44.480 --> 13:54.480]  The discovery won't be finished once you have a judgment. It doesn't matter what...
[13:54.480 --> 14:01.480]  Okay. You're saying in Arizona you have to prove that these guys have the finances beforehand.
[14:01.480 --> 14:22.480]  But even then, and that's okay. You brought the issue up and the judge postponed the issue because he wants to protect these officers from having to reveal this if you can't prove up that they actually owe it.
[14:22.480 --> 14:24.480]  Right. And I understand that. I think that's...
[14:24.480 --> 14:35.480]  Okay. All of that you can do... Okay. I'm tripping up over something particular that you said about Arizona.
[14:35.480 --> 14:43.480]  That before you can get a claim, you have to be able to prove that they can pay the claim.
[14:43.480 --> 14:49.480]  Yeah. I don't know if that's just Arizona, but it seems somewhat standard.
[14:49.480 --> 14:52.480]  I've never heard of that before.
[14:52.480 --> 14:54.480]  Oh, really? Okay.
[14:54.480 --> 15:01.480]  It's never mattered what they have. What matters is the harm to you.
[15:01.480 --> 15:12.480]  Right. Yeah. I think the harm to me, that's the actual damages and that's a separate deal versus the punitive damages.
[15:12.480 --> 15:24.480]  Oh, okay. So they're saying that while if you were... It doesn't matter what their finances are when it comes to the harm against you directly.
[15:24.480 --> 15:38.480]  But when you're asking the court to give them punitive damages against these guys, the court cannot assess against them more than they can pay.
[15:38.480 --> 15:46.480]  Right. Exactly. Now, the punitive... I mean, the actual damages... I mean, that's a whole separate deal.
[15:46.480 --> 16:00.480]  I mean, if it goes actually makes it to trial, then that's... I don't need to show... I don't need to show their financial condition on that.
[16:00.480 --> 16:17.480]  All I have to prove is that they violated... Basically violated my Fourth Amendment and it was actually a false arrest, not a carry stop like they want to claim.
[16:17.480 --> 16:29.480]  And that they did not have reasonable suspicion of a crime that took place or even that was...
[16:29.480 --> 16:34.480]  Are you saying that you got them in court over a traffic stop?
[16:34.480 --> 16:40.480]  No, actually, this is... Yeah, I guess I could back up a little bit. This is...
[16:40.480 --> 16:45.480]  Okay, hold on. Let's back up on the other side. We're about to go to break.
[16:45.480 --> 17:00.480]  Grant Kelton, rule of law radio, our call in number 512-646-1984. We'll be right back.
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[18:00.480 --> 18:05.480]  Are you being harassed by debt collectors with phone calls, letters, or even losses?
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[19:11.480 --> 19:23.480]  Well, don't let nothing get to you. Only the father can deliver you. But don't let backmine people hurt you until it's ungetting behind you.
[19:23.480 --> 19:30.480]  You know what I mean? My friend and I'll judge you.
[19:30.480 --> 19:39.480]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to George in Arizona. Okay, go ahead, George.
[19:39.480 --> 19:49.480]  Yes, Randy, you would ask whether I had him in court through a traffic stop. It wasn't by traffic stop.
[19:49.480 --> 19:59.480]  It was actually during, I'm a volunteer, a first responder for the town.
[19:59.480 --> 20:06.480]  Oh, okay. I remember this one now. Okay, go ahead. I interrupt you. This is a cool case.
[20:06.480 --> 20:24.480]  I was actually, this was, they demanded my, they demanded me identify, and I, they had no reasonable suspicion of any crime, so I refused to identify.
[20:24.480 --> 20:40.480]  And they eventually arrested me and released me shortly after I did identify after I was arrested and released. And so I went after him.
[20:40.480 --> 20:43.480]  Oh, this is perfect.
[20:43.480 --> 20:56.480]  One of the, one of the things through discovery, we had asked him what law, because he specifically mentions a law that required me to identify.
[20:56.480 --> 21:04.480]  And so we asked him, what law were you thinking of when you said I was supposed to identify.
[21:04.480 --> 21:12.480]  And he mentioned, he mentioned that Title 28, which is the traffic code.
[21:12.480 --> 21:19.480]  And I was on foot. I've never, you know, I was, I was never even in a vehicle at the time.
[21:19.480 --> 21:37.480]  So, I mean, they seemed, I don't understand why they would have gone that route by mentioning traffic code when there's no, no traffic or vehicle involved.
[21:37.480 --> 21:50.480]  Okay, did you request information to show how you fell within the statutory scheme at the time?
[21:50.480 --> 21:54.480]  No, I never did.
[21:54.480 --> 22:12.480]  Okay, that if they're going to make that argument, they're going to say, okay, you, you applied for a license. And in applying for that professional license, you agreed to produce it on request.
[22:12.480 --> 22:24.480]  And they're going to say, we had a right to ask for it because you had one. And you're going to say, no, you only have had a right to ask for it.
[22:24.480 --> 22:41.480]  If I was performing some action that fell within the statutory scheme, if you were operating a motor vehicle in commerce on a public thoroughfare at the time.
[22:41.480 --> 22:46.480]  Because that's probably the argument they're going to try to bring.
[22:46.480 --> 22:56.480]  And then they have a legit one, they have a legit one under Title 13 for identifying, I believe.
[22:56.480 --> 23:01.480]  Okay, what does Title 13 say? Title 13 of what?
[23:01.480 --> 23:07.480]  That's the criminal code that requires me to identify, but only if they have reasonable suspicion.
[23:07.480 --> 23:17.480]  Okay, that's where it's going to go because in ours, in Texas, you only have to identify yourself after you have been arrested.
[23:17.480 --> 23:20.480]  Well, that's the same thing here.
[23:20.480 --> 23:22.480]  Okay.
[23:22.480 --> 23:30.480]  So that one won't fly because you hadn't been arrested yet. And once you were arrested, you did identify.
[23:30.480 --> 23:31.480]  Right.
[23:31.480 --> 23:36.480]  So you got them in a spot on that one. You did that exactly right.
[23:36.480 --> 23:53.480]  So, yeah, so I guess where I'm at right now is, you know, I guess part of my reason for calling was I need to try to prove it was malicious in nature, personal malicious in nature.
[23:53.480 --> 23:55.480]  Why?
[23:55.480 --> 23:57.480]  Wait, wait, why?
[23:57.480 --> 24:05.480]  The only reason would be to get the punitive damage.
[24:05.480 --> 24:15.480]  That fits because this is due process and due process is harm per se, but to get punitive, yeah, then you're looking at malicious.
[24:15.480 --> 24:16.480]  Right.
[24:16.480 --> 24:19.480]  I'm sorry.
[24:19.480 --> 24:23.480]  So how are you going to prove malicious?
[24:23.480 --> 24:32.480]  What I'm getting at is in Arizona, what constitutes a malicious act?
[24:32.480 --> 24:46.480]  Yeah, I guess, you know, I probably should dig into that a little bit more. I mean, I've looked up the black slot definition of malicious, but maybe in the Arizona code, it may be different.
[24:46.480 --> 24:47.480]  I don't know.
[24:47.480 --> 25:01.480]  Look for malicious and punitive or malicious act punitive and see what you find. You'll probably find some case law on that.
[25:01.480 --> 25:19.480]  Because you're going to have to be able to say in Arizona, this is what constitutes a malicious act. A malicious act is going to have a set of defined elements and you'll have to show that they met each one of the elements.
[25:19.480 --> 25:22.480]  Okay, that makes sense.
[25:22.480 --> 25:35.480]  Yeah, that's that I guess that just saying that it kind of streamlines it a little bit for me. It gives me a place to at least a bar to reach. And so the judge could have to actually rule on that.
[25:35.480 --> 25:50.480]  Yeah, we have a statue that have a fifth circuit case. I think it's fifth circuit. No, I think it's a state case, but you'll be able to find cases in most every state that matches.
[25:50.480 --> 26:12.480]  And it says that a judge has no discretion in properly applying the law to the facts. Failure to do so is due process violation. So in order to bring this to the judge, you have to be able to say,
[26:12.480 --> 26:29.480]  This is how the state of Arizona defines a malicious act. These are the elements of the act. And this is how we've, you've played each of those, played and proven each of those elements.
[26:29.480 --> 26:33.480]  Then you've essentially got the judge boxed in.
[26:33.480 --> 26:35.480]  Right.
[26:35.480 --> 26:43.480]  But that's the only way you're going to get him is you have he's not going to want to give you punitive damages against police officers.
[26:43.480 --> 26:51.480]  But the big advantage you've got is you were actually on a par with the police officers.
[26:51.480 --> 26:55.480]  Since you were a first responder.
[26:55.480 --> 27:09.480]  See, at this point, trying to claim that they suspicion, the crime they're, they're trying to claim that I was in violation of or a suspicion of being a violation of was impersonating a public servant.
[27:09.480 --> 27:26.480]  And this is all created after they knew the lawsuit was filed against them because there is no place in their deputy's report that they wrote that even that where there's any suspicion that any crime had been committed.
[27:26.480 --> 27:35.480]  That was, that was exactly what the question was lingering when you were saying that where is it in your report.
[27:35.480 --> 27:38.480]  That could cause them a problem.
[27:38.480 --> 27:43.480]  And that's kind of, that's kind of where I'm trying to stick to that.
[27:43.480 --> 27:54.480]  You know, they, they're trying to bring up a lot of stuff and create a lot of suspicion where it's just created because it's nowhere in their report.
[27:54.480 --> 28:04.480]  And not that it's, you know, I spoke to a sheriff deputy that lives right close to me and he actually mentioned to me.
[28:04.480 --> 28:08.480]  If it's not in the report, it didn't happen.
[28:08.480 --> 28:13.480]  Then that, yeah, that was, and what they're going to try to do is get you to argue things that were not there.
[28:13.480 --> 28:20.480]  And you can ask the court to strike that as there is no foundation.
[28:20.480 --> 28:25.480]  Right. And, and, uh, forcing to stick with the deputy's report.
[28:25.480 --> 28:26.480]  Exactly.
[28:26.480 --> 28:28.480]  And how, at what point do I do that?
[28:28.480 --> 28:29.480]  Well, okay.
[28:29.480 --> 28:33.480]  What I'm, what I was thinking when you said that I'm sitting on a jury.
[28:33.480 --> 28:43.480]  And I read the report and then they come in with this claim that they thought you were impersonating a first responder.
[28:43.480 --> 28:46.480]  I am not going to be happy.
[28:46.480 --> 28:52.480]  I'm going to be thinking, did you really think I'm an idiot?
[28:52.480 --> 28:59.480]  This is failure to speak with candor to the court.
[28:59.480 --> 29:06.480]  It would be clear to a reasonable person of ordinary prudence that these guys are making up stuff after the fact.
[29:06.480 --> 29:11.480]  And one of my rules says never interfere with someone when they're screwing up.
[29:11.480 --> 29:12.480]  Right.
[29:12.480 --> 29:20.480]  That is something that, you know, sometimes they, we do something that has the opposite effect of what we want.
[29:20.480 --> 29:26.480]  And that sounds like something that they're just reaching, trying to make up stuff.
[29:26.480 --> 29:33.480]  And if I was on a jury, I would have my intelligence insulted.
[29:33.480 --> 29:34.480]  Right.
[29:34.480 --> 29:48.480]  Well, I should, it should be, to be fair to them, I should mention that their, their claiming their suspicion was because I didn't have any identifying clothing on because this is a volunteer department.
[29:48.480 --> 29:56.480]  We don't necessarily have to show up on certain calls with, with anything claiming we're from a department.
[29:56.480 --> 30:00.480]  But the thing is, is there are three other members.
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[32:29.480 --> 32:36.480]  This is Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[33:00.480 --> 33:12.480]  Live free speech radio, logosradionetwork.com.
[33:12.480 --> 33:22.480]  Live free speech radio, logosradionetwork.com.
[33:42.480 --> 33:44.480]  Yeah, I don't know where you lost me.
[33:44.480 --> 34:00.480]  I think I was kind of letting you know that they, because I did not have anything identifying me as a member of the department, they claim that gave them reasonable suspicion.
[34:00.480 --> 34:16.480]  But there is also three other members there that also did not have anything identifying them as being with the department and not one of them was required to identify.
[34:16.480 --> 34:41.480]  Is this, okay, I think they're making a tactical blunder because if they're in front of a jury, yes, the question, is it common practice for volunteers to come out on an emergency, not in uniform?
[34:41.480 --> 34:42.480]  Right.
[34:42.480 --> 34:45.480]  Yeah, and what are they going to say?
[34:45.480 --> 34:59.480]  You know, actually, I would probably, yeah, I mean, it's probably very common, but I would also have the chief of the department as a witness and he would say, yes, it is very common.
[34:59.480 --> 35:02.480]  Yeah, so he's a great witness.
[35:02.480 --> 35:06.480]  Have these guys come to the table to make you a deal?
[35:06.480 --> 35:10.480]  Yeah, they've offered me $500.
[35:10.480 --> 35:15.480]  Yeah, that's pretty much my response to them.
[35:15.480 --> 35:22.480]  Yeah, my response would be that is not a point from which I will begin to negotiate.
[35:22.480 --> 35:29.480]  I gave them the point at which I would start negotiating and then they weren't too pleased with it.
[35:29.480 --> 35:35.480]  So, yeah.
[35:35.480 --> 35:45.480]  They're likely to get their heads handed to them if it gets to a jury. What you can expect them to do is make a real offer on the courthouse steps.
[35:45.480 --> 35:46.480]  Right.
[35:46.480 --> 35:51.480]  That's where the contentious ones are settled is right on the courthouse steps.
[35:51.480 --> 35:57.480]  So you stay hard on them right till you get to the courthouse steps and then we see what they offer.
[35:57.480 --> 36:03.480]  But in your case, you're likely to do all right from a jury.
[36:03.480 --> 36:10.480]  That's kind of what I told them. I said, you know, I'm not I'm not worried about I'm not worried about going to trial on this one.
[36:10.480 --> 36:19.480]  And as far as the money goes, I frankly don't care. I just want to get a judgment against them.
[36:19.480 --> 36:25.480]  So you want to wait for trial. I'm fine with that.
[36:25.480 --> 36:32.480]  Good. You sound like Trump now.
[36:32.480 --> 36:33.480]  Yeah.
[36:33.480 --> 36:48.480]  When when Trump told the North Koreans to go scratch and the commentators were just railing and righteous indignation, I'm saying, man, he did that exactly right.
[36:48.480 --> 36:51.480]  He said his posture.
[36:51.480 --> 36:55.480]  The next day, the North Koreans blinked.
[36:55.480 --> 36:59.480]  So you're doing the same thing to these guys.
[36:59.480 --> 37:02.480]  Good. I think you had a good shot.
[37:02.480 --> 37:11.480]  Yeah. Well, you know, it's not something I've enjoyed doing. I'm a very busy person out here and this has been kind of difficult on on me and my family.
[37:11.480 --> 37:21.480]  But you know, it's I'm just digging away with help from one of your other listeners on the board.
[37:21.480 --> 37:25.480]  Good. Good.
[37:25.480 --> 37:35.480]  At the end of the day, we're all going to get to the end of our lives and we're going to look back and say, what did I do that matters?
[37:35.480 --> 37:39.480]  I get to look back and say, I did this radio show.
[37:39.480 --> 37:46.480]  Whatever else other rotten, no good things I've done in my life, at least I get one thing.
[37:46.480 --> 37:51.480]  Got one thing I can look back on and say I did the right thing for the right reason.
[37:51.480 --> 38:03.480]  And I'm older and I'm at that point where I sometimes look back on my life and whatever trouble it is, it's worth it.
[38:03.480 --> 38:05.480]  Yeah.
[38:05.480 --> 38:09.480]  We have all these things we regret.
[38:09.480 --> 38:20.480]  We have these things we didn't do or times we did not live up to our own expectations that for the most part, nobody else knows about, but we do.
[38:20.480 --> 38:30.480]  We need some things on occasion that allows us to say the world was a little bit better because I was here.
[38:30.480 --> 38:34.480]  So I just want you to know I appreciate you.
[38:34.480 --> 38:36.480]  Well, I appreciate that.
[38:36.480 --> 38:41.480]  I have I have several children that I guess give me reason to do what I'm doing.
[38:41.480 --> 38:48.480]  So I would like to make my community a little bit better and if this will help, then I guess it will be worth it.
[38:48.480 --> 38:59.480]  So and I suspect you have the attention of every sheriff's deputy in every county anywhere around your county.
[38:59.480 --> 39:06.480]  You're probably stopped, prevented a lot of people from having this kind of hassle.
[39:06.480 --> 39:09.480]  It would be worth it.
[39:09.480 --> 39:13.480]  Okay, keep it up and let us know how this works out.
[39:13.480 --> 39:14.480]  I sure will.
[39:14.480 --> 39:16.480]  Thanks for taking my call, Randy.
[39:16.480 --> 39:18.480]  Okay, thank you, George.
[39:18.480 --> 39:25.480]  Okay, now we're going to Miss Leslie in Arizona.
[39:25.480 --> 39:27.480]  Hi, how are you?
[39:27.480 --> 39:28.480]  I am good.
[39:28.480 --> 39:30.480]  How's the weather down there?
[39:30.480 --> 39:34.480]  I like I like it.
[39:34.480 --> 39:36.480]  Okay.
[39:36.480 --> 39:39.480]  What do you have for us today?
[39:39.480 --> 39:41.480]  I had a really busy week.
[39:41.480 --> 39:46.480]  I got a number from my car.
[39:46.480 --> 39:48.480]  Oh, wonderful, wonderful.
[39:48.480 --> 39:49.480]  Yeah.
[39:49.480 --> 39:54.480]  You kind of said, yeah, I did it right online, got it right away.
[39:54.480 --> 40:01.480]  Then I asked me about the insurance and they said, oh, no, you just have to go whatever they require for a regular registered car.
[40:01.480 --> 40:03.480]  That's what you're required to have.
[40:03.480 --> 40:04.480]  That's it.
[40:04.480 --> 40:06.480]  So that's good.
[40:06.480 --> 40:13.480]  I sent you some bar grievances that I am prepared to file this week.
[40:13.480 --> 40:15.480]  I wrote them out.
[40:15.480 --> 40:18.480]  Did you have a chance to look at them?
[40:18.480 --> 40:20.480]  I'm thinking, I don't remember.
[40:20.480 --> 40:23.480]  Did you send them on Skype or?
[40:23.480 --> 40:25.480]  Yeah, they're Skype.
[40:25.480 --> 40:26.480]  Oh, okay.
[40:26.480 --> 40:27.480]  There they are.
[40:27.480 --> 40:28.480]  Okay.
[40:28.480 --> 40:31.480]  I didn't see them on Skype, so I didn't get them downloaded.
[40:31.480 --> 40:34.480]  I didn't look at them yet.
[40:34.480 --> 40:38.480]  Well, I can read you the statement of the complaint real quick.
[40:38.480 --> 40:39.480]  Okay.
[40:39.480 --> 40:40.480]  Very long.
[40:40.480 --> 40:51.480]  This attorney created and filed foreclosure complaint attaching a copy of a mortgage known to be a forgery by Calisaph of David for Mr. and Mrs. X to that effect.
[40:51.480 --> 41:04.480]  There was no evidence that Mr. X signed two mortgages at the same date hundreds of miles apart.
[41:04.480 --> 41:14.480]  Even though the law firm did have copies of these documents that were unrecorded to benefit the more forgery mortgage of the same date that was recorded.
[41:14.480 --> 41:31.480]  Dead attorney was knowledgeable of this recorded forgery, was not signed by Mr. X, knew it was a forgery, and had access to the original unrecorded mortgage, which was not assigned to a client aqua loan servicing,
[41:31.480 --> 41:50.480]  by withholding the original mortgage and not suing on that one and pursuing on the forage mortgage two documents were concealed, the deed to both Mr. X and Mrs. X and the original mortgage and the sector funds to record those and the sector of the state transfer tax.
[41:50.480 --> 42:17.480]  The following Pennsylvania statutes were violated, 1840-104, tampering with records, 1840-101A2 and 3 forgery, 184-103, concealment of recordable instruments, 1840-902 perjury, 1849-10, tampering and fabricating physical evidence, 1840-911, tampering with public records, and more.
[42:17.480 --> 42:21.480]  This is unacceptable behavior for the licensed attorney.
[42:21.480 --> 42:23.480]  How's that?
[42:23.480 --> 42:26.480]  That sounds awful.
[42:26.480 --> 42:30.480]  If I was that other attorney.
[42:30.480 --> 42:36.480]  This is absolutely what we need to do.
[42:36.480 --> 42:44.480]  Did you have criminal complaints to go with this?
[42:44.480 --> 42:48.480]  Okay, is this in your case or somebody else's?
[42:48.480 --> 42:54.480]  Somebody else's case, but he was supposed to report it to the police this past week.
[42:54.480 --> 43:01.480]  His attorney is going to talk to the county prosecutor this week and show him both mortgages.
[43:01.480 --> 43:07.480]  Wonderful. Now this guy needs to file a malpractice suit against these lawyers.
[43:07.480 --> 43:16.480]  He's going to file, he's the one that's filing the Dragonetti action. The lawyer hasn't filed it yet because he's been swamped with this stuff.
[43:16.480 --> 43:23.480]  Okay, explain the Dragonetti action. That's peculiar to Pennsylvania.
[43:23.480 --> 43:31.480]  Well, actually, funny about the Dragonetti action is you can live in Texas and file a Dragonetti action in Pennsylvania.
[43:31.480 --> 43:34.480]  Okay, explain what that is.
[43:34.480 --> 43:39.480]  A Dragonetti action is an action where someone files...
[43:39.480 --> 43:44.480]  Wait, wait, I'm sorry. Hang on. I actually heard the music this time.
[43:44.480 --> 43:48.480]  I only run off the cliff one time today. This is Randy Kelton.
[43:48.480 --> 43:55.480]  We're using our radio. I call in number 512-646-1984. We'll be right back.
[43:55.480 --> 44:08.480]  At Capital Coin and Bullion, our mission is to be your preferred shopping destination by delivering excellent customer service and outstanding value at an affordable price.
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[44:51.480 --> 44:54.480]  We're open Monday through Friday, 10 to 6, Saturdays, 10 to 2.
[44:54.480 --> 45:00.480]  Visit us at CapitalCoinandBullion.com or call 512-646-6440.
[45:00.480 --> 45:03.480]  Are you the plaintiff or defendant in a lawsuit?
[45:03.480 --> 45:07.480]  Win your case without an attorney with Jurisdictionary.
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[46:14.480 --> 46:31.480]  Whoa-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh-oh. Yeah. Always I must be careful what I'm wishing for when I'm hungry.
[46:31.480 --> 46:38.480]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Leslie in Pennsylvania.
[46:38.480 --> 46:40.480]  Okay Leslie, go ahead.
[46:40.480 --> 46:46.120]  Okay, there are a couple of requirements for Dragon Eddie action.
[46:46.120 --> 46:55.080]  Now that is filed in a case where someone filed a case against you for a reason other
[46:55.080 --> 46:56.960]  than for winning the case.
[46:56.960 --> 47:01.200]  That means they knew they had a solid case, they did not have a solid case and just wanted
[47:01.200 --> 47:06.480]  to harass you or, you know, for some other reason.
[47:06.480 --> 47:11.360]  That sounds like what in Texas we call a slap suit.
[47:11.360 --> 47:21.680]  Yeah, well in this case they filed a quiet, the bank filed a quiet title action against
[47:21.680 --> 47:28.160]  Mr. X and the reason they did that was because he had filed a quiet title and they moved
[47:28.160 --> 47:34.440]  it to the federal court and they had, it was during the period of summary judgment and
[47:34.440 --> 47:42.720]  they did it to confuse the issues and the party and as a result the response to this
[47:42.720 --> 47:50.320]  version for summary judgment never got filed because the lawyer thought that it was between
[47:50.320 --> 47:57.760]  the bank and the title company didn't realize they were filing a motion for summary judgment
[47:57.760 --> 48:01.320]  against him, against Mr. X.
[48:01.320 --> 48:08.360]  So because of the confusion in that he lost that case but at the day and they moved it,
[48:08.360 --> 48:14.520]  when they filed, when as soon as he got served with the quiet title action they took it to
[48:14.520 --> 48:19.960]  the federal court because they had that other case already and he wanted to combine them
[48:19.960 --> 48:25.240]  and the judge got pissed at them and they motioned it to be remanded back to the county
[48:25.240 --> 48:26.240]  court.
[48:26.240 --> 48:31.760]  Well, they did and as soon as they knocked it out on the motion for summary judgment
[48:31.760 --> 48:33.480]  they dropped the case.
[48:33.480 --> 48:41.360]  So because that means that Mr. X won the quiet title that they couldn't get it, okay, it
[48:41.360 --> 48:47.080]  means they lost their suit so because they lost their suit they filed it to confuse the
[48:47.080 --> 48:57.700]  issues in another court case and they didn't file it, you know, that is enough for a Dragon
[48:57.700 --> 49:01.560]  Aged Action right there and it's treble damages by the way.
[49:01.560 --> 49:04.440]  Oh, wonderful.
[49:04.440 --> 49:11.200]  So they did not file it for a legitimate action, okay, that's interesting.
[49:11.200 --> 49:13.600]  So were you at on the Dragon Aged issue?
[49:13.600 --> 49:19.640]  Well, they're getting, they already filed it, the complaint has been made and he's been
[49:19.640 --> 49:20.640]  done.
[49:20.640 --> 49:21.640]  I'm going to file it this week.
[49:21.640 --> 49:26.560]  He just hasn't had time to file it in the court yet so he'll get it done within the
[49:26.560 --> 49:32.800]  next week or so, but he's got so many of these other things going on with these forgeries
[49:32.800 --> 49:33.800]  and fraud.
[49:33.800 --> 49:39.960]  There's so much of that and he's lawsuits that I'm saying but especially with property.
[49:39.960 --> 49:49.840]  Okay, this is Pennsylvania and Pennsylvania, unlike most other states in Pennsylvania,
[49:49.840 --> 50:00.520]  you don't have access to a grand jury, however, Pennsylvania law makes up for it because like
[50:00.520 --> 50:08.680]  England and Australia, you have standing unlike the rest of the states, we have a duty to
[50:08.680 --> 50:19.320]  report crime, but we don't have any standing in the case once the crime is reported and
[50:19.320 --> 50:22.320]  Pennsylvania, you have standing.
[50:22.320 --> 50:29.240]  So you, the prosecuting attorney in Pennsylvania is given first plush.
[50:29.240 --> 50:32.200]  That's why the attorney is going to meet with him.
[50:32.200 --> 50:33.200]  Yes.
[50:33.200 --> 50:36.880]  He's my favorite attorney.
[50:36.880 --> 50:45.200]  He's given opportunity to determine if there is reason to believe that there is the crime
[50:45.200 --> 50:48.600]  has been committed and that the accused has committed the crime.
[50:48.600 --> 50:57.520]  He essentially is authorized to do an examining trial and what I allege he is not authorized
[50:57.520 --> 51:02.480]  to do is exercise prosecutorial caprice.
[51:02.480 --> 51:07.440]  He can exercise prosecutorial discretion, not caprice.
[51:07.440 --> 51:15.160]  He does not get to decide who he wants to prosecute and who he does not want to prosecute.
[51:15.160 --> 51:20.800]  So when you file with prosecuting attorney and he exercises his discretion and decides
[51:20.800 --> 51:29.320]  not to prosecute, you can appeal his ruling to the court of common police.
[51:29.320 --> 51:34.200]  And if the court of common police doesn't take it, you can appeal it all the way up
[51:34.200 --> 51:36.200]  to the Pennsylvania Supreme.
[51:36.200 --> 51:37.200]  Right.
[51:37.200 --> 51:44.280]  So you can smear those lawyers all the way up to the Supreme.
[51:44.280 --> 51:51.480]  Now here's another question in the foreclosure case that's still ongoing.
[51:51.480 --> 51:55.240]  They didn't sue, they only put Mr. X on the complaint.
[51:55.240 --> 51:57.000]  They did not ask Mrs. X.
[51:57.000 --> 52:02.160]  Now if you remember when I had my quiet title, because I did not include my husband, they
[52:02.160 --> 52:04.320]  kicked it out of the court.
[52:04.320 --> 52:08.400]  So I want to know why they didn't kick it out of the court in the motion to dismiss
[52:08.400 --> 52:11.520]  on those grounds with the 1032B.
[52:11.520 --> 52:17.280]  Failure to join an indispensable party, she's going to lose her home, she owns a plant,
[52:17.280 --> 52:21.680]  she has her name on that deed and they didn't put her on the foreclosure.
[52:21.680 --> 52:25.320]  File, did the judge deny it?
[52:25.320 --> 52:27.360]  Yeah.
[52:27.360 --> 52:33.320]  So go back to this case I found in Texas, you need to find one similar in Pennsylvania.
[52:33.320 --> 52:35.960]  There's got to be one.
[52:35.960 --> 52:46.920]  Joaquin V. Chambers says that the trial judge has no discretion in properly applying the
[52:46.920 --> 52:49.920]  law to the facts.
[52:49.920 --> 52:52.520]  Every state has to have that somewhere.
[52:52.520 --> 52:53.520]  Right.
[52:53.520 --> 52:58.680]  Otherwise it's common law and we've got these guys out there promoting common law.
[52:58.680 --> 53:00.280]  Man, I don't want common law.
[53:00.280 --> 53:04.840]  Then the judge gets to do exactly these kind of things, he gets to do whatever he wants
[53:04.840 --> 53:05.840]  to.
[53:05.840 --> 53:10.800]  But in a statutory state, he has a duty.
[53:10.800 --> 53:15.840]  So if you can find case law in Pennsylvania that addresses the duty of the judge and you
[53:15.840 --> 53:17.760]  file criminally against the judge.
[53:17.760 --> 53:21.640]  That's what I wanted to do next and I'll tell you why.
[53:21.640 --> 53:27.240]  When he appeals this, he will win because of the 1032B because they threw mine out, they'll
[53:27.240 --> 53:32.800]  throw his out and if they don't, then we'll go to the Supreme Court and find out why.
[53:32.800 --> 53:42.680]  But in the meantime, that's an forged instrument that makes him party to it because he didn't
[53:42.680 --> 53:47.760]  kick it out after he answered the complaint saying this is a forged mortgage.
[53:47.760 --> 53:51.720]  So you're saying it makes the judge party to the forged mortgage?
[53:51.720 --> 53:52.720]  Yes.
[53:52.720 --> 53:54.720]  Did I get that right?
[53:54.720 --> 53:55.720]  Okay.
[53:55.720 --> 53:56.720]  Oh, wonderful.
[53:56.720 --> 54:06.640]  And then you get to run the judge all the way up to the Supreme with appeals all the
[54:06.640 --> 54:10.040]  way up and that will really smear his name.
[54:10.040 --> 54:12.200]  Oh, you better believe it.
[54:12.200 --> 54:17.880]  Now, we're going to file criminally against that judge if he rules against Adrienne and
[54:17.880 --> 54:22.840]  Adrienne has to appeal, absolutely.
[54:22.840 --> 54:24.760]  Another for Adrienne, Mark.
[54:24.760 --> 54:30.000]  We have this appeal for Jen Bragg in the Fifth Circuit.
[54:30.000 --> 54:39.840]  We filed her declaratory judgment with the Chief Justice of the bankruptcy court in Sherman
[54:39.840 --> 54:42.720]  in Tyler.
[54:42.720 --> 54:44.440]  Remember we were talking about that last week?
[54:44.440 --> 54:45.440]  Yes.
[54:45.440 --> 54:50.320]  Can you kind of give us synopsis for the people who weren't there?
[54:50.320 --> 54:51.320]  Where Deborah's at?
[54:51.320 --> 54:59.160]  Deborah's been in this case for a long time and didn't she, you filed a bankruptcy in
[54:59.160 --> 55:04.200]  order to, you claim the property is unsecure, is that correct?
[55:04.200 --> 55:05.200]  Yes.
[55:05.200 --> 55:09.800]  Well, besides all of this, they declared her a vixen.
[55:09.800 --> 55:14.720]  It's a satious litigant and so to get a declaratory judgment of any kind, she has to file it with
[55:14.720 --> 55:19.320]  the Chief Justice of the bankruptcy court.
[55:19.320 --> 55:27.760]  The declaratory judgment is on two separate issues concerning the same property.
[55:27.760 --> 55:36.920]  Number one is that while she was in a district court in 2012, she had filed a notary presentment
[55:36.920 --> 55:43.440]  to the, all of the defendants in that case telling them that if they have a claim against
[55:43.440 --> 55:50.320]  her or her estate, they are to file it in this court and failure to file it will result
[55:50.320 --> 55:57.360]  in a waiver of claim and they had to do it within six weeks.
[55:57.360 --> 55:59.200]  Nobody filed a claim.
[55:59.200 --> 56:02.400]  So that means that she had to...
[56:02.400 --> 56:03.400]  Okay.
[56:03.400 --> 56:04.400]  So, hold okay.
[56:04.400 --> 56:08.280]  Was the reason for the summary judgment?
[56:08.280 --> 56:09.280]  No.
[56:09.280 --> 56:10.280]  Okay.
[56:10.280 --> 56:11.280]  No.
[56:11.280 --> 56:12.280]  No.
[56:12.280 --> 56:15.280]  This is entirely different from everything.
[56:15.280 --> 56:17.640]  This has never been in a court.
[56:17.640 --> 56:22.760]  Now, the other thing that has never been in the court is there was an assignment of the
[56:22.760 --> 56:34.240]  mortgage in 2015, the last assignment recorded and the Assignee in 2012, US Bank for a CSAB
[56:34.240 --> 56:46.920]  Mortgage Loan Trust 2007-1 assigned it to Countrywide Home Loans Inc. out of California
[56:46.920 --> 56:47.920]  with some address.
[56:47.920 --> 56:54.120]  I can't remember it all fan, but the address is the same address as the countrywide that
[56:54.120 --> 56:55.120]  went belly up.
[56:55.120 --> 57:01.120]  So, it's not the countrywide home loan servicing and it was very obvious and intentional that
[57:01.120 --> 57:10.560]  they meant to go to the document servicing company in Paso, where is it, Van Nuys or
[57:10.560 --> 57:12.800]  something like that, California.
[57:12.800 --> 57:21.240]  So, because they were belly up in 2009 and this was assigned in 2015, it was after the
[57:21.240 --> 57:29.360]  reorganization of the assets and everything of Countrywide and they had...as they had
[57:29.360 --> 57:38.160]  to go in bankrupt and Bank of America bought everything they had in 2009 or before 2009.
[57:38.160 --> 57:46.320]  So, what happened to their assets acquired after 2015?
[57:46.320 --> 57:48.320]  Their assets, countrywides?
[57:48.320 --> 57:53.880]  Yeah, if they acquire assets in 2015, what happens to them?
[57:53.880 --> 57:55.880]  Who does it get to?
[57:55.880 --> 57:57.880]  When they don't exist.
[57:57.880 --> 57:58.880]  Exactly.
[57:58.880 --> 57:59.880]  No.
[57:59.880 --> 58:08.160]  Okay, we're about to go to break, but if they're attempting to do business in Texas and they
[58:08.160 --> 58:16.960]  don't exist and they're not filed with the Secretary of State of Texas, they have no
[58:16.960 --> 58:24.240]  standing to do business or to invoke the jurisdiction of the court in the state of Texas.
[58:24.240 --> 58:31.080]  Hang on, Randy Kelton, we have our radio, our call in number, 512-646-1984, our call
[58:31.080 --> 58:35.320]  board is almost empty, so if you have a call or a question, give us a call, we'll be right
[58:35.320 --> 58:50.320]  back.
[58:50.320 --> 58:54.520]  Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.040]  can really help.
[59:01.040 --> 59:05.360]  The New Testament recovery version is one of the most comprehensive study Bibles available
[59:05.360 --> 59:06.360]  today.
[59:06.360 --> 59:10.400]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.760]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.760 --> 59:24.480]  Hereby chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation,
[59:24.480 --> 59:27.960]  growing in Christ and how to build up the church.
[59:27.960 --> 59:33.000]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:33.000 --> 59:48.200]  Life, call Bibles for America toll free at 888-551-0102 or visit us online at bfa.org.
[59:48.200 --> 01:00:02.840]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[01:00:02.840 --> 01:00:07.960]  The following news flash is brought to you by The Low Star Lowdowns, providing you daily
[01:00:07.960 --> 01:00:15.640]  bulletins for the commodity market, today's history, news updates, and the inside scoop
[01:00:15.640 --> 01:00:23.800]  into the tides of the alternative.
[01:00:23.800 --> 01:00:31.280]  Markets for the 11th of April, 2018, closed with gold $1,353.22 in ounce, silver $16.68
[01:00:31.280 --> 01:00:41.480]  in ounce, Texas crude $65.51 a barrel, bitcoins at $6,902.19, ethereum at $420.80, bitcoin
[01:00:41.480 --> 01:00:55.720]  cash at $652.90, and finally light coins at $114.34, a crypto coin.
[01:00:55.720 --> 01:01:01.400]  Today in history, the year 1968, President Lyndon M. Johnson signed the Civil Rights Act
[01:01:01.400 --> 01:01:06.880]  of 1968, which prohibited private businesses from discriminating based on race, color, religion,
[01:01:06.880 --> 01:01:12.600]  sex, or national origin. It also prohibited unequal application of voter registration requirements,
[01:01:12.600 --> 01:01:17.000]  racial segregation in public schools, and employment, and public accommodations for
[01:01:17.000 --> 01:01:24.200]  places of business, today in history.
[01:01:24.200 --> 01:01:28.200]  In recent news, tensions in Syria seem to have reached new levels after a chemical attack
[01:01:28.200 --> 01:01:32.480]  on civilians in the city of Douma, which left 40 dead and many injured, an attack which
[01:01:32.480 --> 01:01:36.920]  is being blamed on the democratically elected president of Syria, Bashar al-Assad, by the
[01:01:36.920 --> 01:01:41.680]  United States and on Israel by Russia, either accusatory narrative without any verified
[01:01:41.680 --> 01:01:46.520]  evidence as of yet. President Trump tweeted today Wednesday that if, quote, Russia vows
[01:01:46.520 --> 01:01:50.600]  to shoot down any and all missiles fired at Syria, get ready, Russia, because they will
[01:01:50.600 --> 01:01:55.200]  be coming in nice and new and smart, going on to warn Russia that you shouldn't be partners
[01:01:55.200 --> 01:01:59.640]  with a gas-filling animal who kills its people and enjoys it. Many in the West, including
[01:01:59.640 --> 01:02:04.720]  President Trump, have been quick to conclude that this chemical attack must have been conducted
[01:02:04.720 --> 01:02:09.840]  by Assad and his forces. Syria and Russia, on the other hand, have given approval since
[01:02:09.840 --> 01:02:14.160]  yesterday for the organization for the prohibition of chemical weapons to investigate the side
[01:02:14.160 --> 01:02:19.000]  of the chemical slaughter. Assad has been successful in maintaining rule and support during Syria's
[01:02:19.000 --> 01:02:23.000]  seven-year civil war, a civil war that is being fought by the government of Syria and
[01:02:23.000 --> 01:02:27.960]  anti-Assad Syrian rebels that are openly being funded by Western governments, with
[01:02:27.960 --> 01:02:32.720]  ISIS being one of the more notorious splinter groups of the American-backed Syrian rebels.
[01:02:32.720 --> 01:02:38.080]  No surprise then why Russian Foreign Minister Spokeswoman Maria Zakoba posted on Facebook
[01:02:38.080 --> 01:02:42.400]  that smart missiles should be fired at terrorists and not at a legitimate government, which
[01:02:42.400 --> 01:02:47.320]  has been fighting terrorists. Or is this a trick to destroy all traces with a smart missile
[01:02:47.320 --> 01:02:51.320]  strike, and then there will be no evidence for international inspectors to look at?
[01:02:51.320 --> 01:03:20.320]  This was Brooke Rody with your lowdown for April 11th, 2018.
[01:03:20.320 --> 01:03:24.760]  Okay, we are back. Randy Kelton with our radio, and we're talking to Leslie in Pennsylvania.
[01:03:24.760 --> 01:03:26.480]  Okay, go ahead, Leslie.
[01:03:26.480 --> 01:03:34.520]  Okay, now in this declaratory judgment, she's just asking for a declaration and a distance
[01:03:34.520 --> 01:03:40.640]  of final thing here under the... There's no argument that the offer payment of a timely
[01:03:40.640 --> 01:03:47.600]  file, the legitimate claim existed, and that the creditor was aware of the notice to file
[01:03:47.600 --> 01:03:52.440]  a claim to receive payment, and the creditor waived that claim while payment was offered
[01:03:52.440 --> 01:04:01.800]  and available. Okay, hold on. You didn't state a duty that the respondent had to bring the
[01:04:01.800 --> 01:04:11.480]  claim within the timeframe? Yeah, but that was very clear in the facts here that we put
[01:04:11.480 --> 01:04:18.000]  into the declaratory judgment. There's like 25 or, you know, 30... Oh, okay, so you have
[01:04:18.000 --> 01:04:26.200]  all the law in there that... I take it this goes to UCC, offer an opportunity, or notice
[01:04:26.200 --> 01:04:32.600]  an opportunity? Yes, that there can be no argument that the offer payment of a timely
[01:04:32.600 --> 01:04:37.600]  file, the legitimate claim exists, that there was... The creditor was aware of the notice
[01:04:37.600 --> 01:04:42.360]  to file the claim to receive the payment, the creditor waived the claim while payment
[01:04:42.360 --> 01:04:48.520]  was offered and available, and clear notice of waiver and claim for failure to file a
[01:04:48.520 --> 01:04:55.600]  claim for payment with postage. And then the other one that they're asking for is that
[01:04:55.600 --> 01:04:59.720]  she attempted to communicate with the last assignee of the deed of trust, countrywide
[01:04:59.720 --> 01:05:04.880]  home loan, the United States Postal Service, on multiple occasions to remove the deed
[01:05:04.880 --> 01:05:10.480]  of trust from the property records. All correspondence addressed to countrywide home loan bank have
[01:05:10.480 --> 01:05:15.360]  been returned to sender address the unknown. No business has been conducted by countrywide
[01:05:15.360 --> 01:05:20.880]  for Edgars since November 7th, 2008, and there has been no other assignments of the deed
[01:05:20.880 --> 01:05:28.240]  of trust executed since 2012. So that's what she's asking for. She's saying the petitioner
[01:05:28.240 --> 01:05:35.160]  demands this court issue an order declaring claims representing by this instrument number,
[01:05:35.160 --> 01:05:41.160]  filed with a clerk of Denton County, were waived by failure to present claims in 2012
[01:05:41.160 --> 01:05:46.240]  following notice and demand for presentment of claim on October 2nd, 2012, rendering the
[01:05:46.240 --> 01:05:51.200]  same void and of no effect and unenforceable as through the holder under the doctrine of
[01:05:51.200 --> 01:06:00.160]  latches and the Texas Business and Commerce Code 3117, 3601, and 3604.
[01:06:00.160 --> 01:06:01.160]  You missed one.
[01:06:01.160 --> 01:06:03.680]  What did I miss?
[01:06:03.680 --> 01:06:16.240]  13.001, that's the biggie. Property Code 13.001 says, any claim against real property, not
[01:06:16.240 --> 01:06:24.200]  properly filed, not properly acknowledged or proven, and filed in the public record
[01:06:24.200 --> 01:06:31.960]  is void as to the holder. So whoever has whatever claim you don't care, if it's not
[01:06:31.960 --> 01:06:40.280]  properly filed in the public record, it's they have no claim. And properly filed. Properly
[01:06:40.280 --> 01:06:53.040]  filed goes back to 31.901C. Any document filed in the record by an entity that has no authority
[01:06:53.040 --> 01:06:59.360]  filed in the record, I can't quote it exactly, but as someone who has nothing in the record
[01:06:59.360 --> 01:07:06.960]  showing that they have authority to file a document affecting title, is presumed to
[01:07:06.960 --> 01:07:15.040]  be fraudulent. And that's a special definition of fraudulent for this purpose. So we have
[01:07:15.040 --> 01:07:21.360]  a company that doesn't exist purporting to file a claim against the property. That's
[01:07:21.360 --> 01:07:30.920]  not properly filed. You have a company filing a document in the public record that has not
[01:07:30.920 --> 01:07:37.320]  filed with the Secretary of State to do business in the state of Tennessee. Therefore they
[01:07:37.320 --> 01:07:44.840]  have no power to invoke any power of any court or any government, any agency.
[01:07:44.840 --> 01:07:51.840]  Okay. The other thing that we want him to order is the further assignment and administration
[01:07:51.840 --> 01:07:56.240]  of the Deed of Trust is impossible following the deliberate recording of this instrument
[01:07:56.240 --> 01:08:04.400]  to countrywide home loans of Doc Processing Center, GeoBox 10423 Van Nuys, California.
[01:08:04.400 --> 01:08:14.800]  So they filed it into a black hole. Yes. They put it in the name of a non-existent company.
[01:08:14.800 --> 01:08:24.080]  So who can ever assign that out of a non-existent company? Nobody. That was an interesting point
[01:08:24.080 --> 01:08:29.320]  you brought up the other day when we were talking. Actually, it was one I hadn't considered
[01:08:29.320 --> 01:08:36.400]  and I very much liked that one. There's no corporate office there to sign for it.
[01:08:36.400 --> 01:08:48.640]  So if the court rules that this filing is valid, then they have ruled the claim into
[01:08:48.640 --> 01:08:58.520]  a black hole that can't be gotten out of. Well, we're not asking to say that the assignment
[01:08:58.520 --> 01:09:02.480]  is invalid because the person that assigned it had every right to assign it to whoever
[01:09:02.480 --> 01:09:07.640]  he wanted to. What we're saying is because that was assigned to them, that voids the
[01:09:07.640 --> 01:09:13.920]  mortgage because they can't know, nobody can do anything with it.
[01:09:13.920 --> 01:09:20.520]  Okay. No, it doesn't void the mortgage. It makes the mortgage unenforceable.
[01:09:20.520 --> 01:09:33.160]  Exactly. Same thing. Careful. Look that up. Careful. The mortgage is still valid so it's
[01:09:33.160 --> 01:09:39.800]  not void. Based on that issue, it's not void. It's still a viable mortgage. It's just there
[01:09:39.800 --> 01:09:45.680]  is no one who can enforce the mortgage. If you say it's void, the court's likely to
[01:09:45.680 --> 01:09:49.680]  say no, it's not void. But if you say it's unenforceable...
[01:09:49.680 --> 01:09:55.400]  Right. That's what we asked for, unenforceable. Good. Good question.
[01:09:55.400 --> 01:10:00.200]  First, an administration of the deed of trust is impossible is what we put.
[01:10:00.200 --> 01:10:01.200]  Good.
[01:10:01.200 --> 01:10:07.520]  So anyway, the other thing that I wanted to bring up about that is that she's still
[01:10:07.520 --> 01:10:13.000]  in adversarial proceedings in the Court of Appeals with two separate appeals. One's in
[01:10:13.000 --> 01:10:18.160]  the Fifth Circuit Court of Appeals and one is in the District Court for an appeal from
[01:10:18.160 --> 01:10:19.160]  the bankruptcy court.
[01:10:19.160 --> 01:10:21.160]  The State District Court?
[01:10:21.160 --> 01:10:30.160]  No, no, no. The Federal District Court has an appeal from the bankruptcy court. There's
[01:10:30.160 --> 01:10:39.200]  two different adversarial actions she filed. Now, the thing is, the one got kicked out
[01:10:39.200 --> 01:10:44.480]  in the District Court and she appealed that to the Fifth Circuit because of the mailbox
[01:10:44.480 --> 01:10:49.520]  rule. What happened with this? She had mailed it. She had filed...
[01:10:49.520 --> 01:10:54.560]  Oh, hold on, hold on. Were you listening earlier to Tina in California?
[01:10:54.560 --> 01:11:05.800]  Send me an email asking about the mailbox rule. She just got ruled against by the feds
[01:11:05.800 --> 01:11:14.920]  saying that all the other party had to do was claim that they mailed the document first
[01:11:14.920 --> 01:11:19.720]  class mail. They didn't have to prove that they did. They only had to claim that they
[01:11:19.720 --> 01:11:28.680]  did. And she had no recourse. They ruled against her on the mailbox rule.
[01:11:28.680 --> 01:11:34.840]  Right. Now, on the mailbox rule, here's the way I had looked at all this case sold this
[01:11:34.840 --> 01:11:43.560]  week, my eyes are turning bloodshot, that they say that timely mailed is timely served,
[01:11:43.560 --> 01:11:49.200]  but timely mailed is not necessarily timely filed unless you're doing it with your taxes.
[01:11:49.200 --> 01:11:57.840]  Okay, I didn't understand what that meant. Well, what I'm saying is that every time
[01:11:57.840 --> 01:12:03.800]  that I see that timely mailed is timely filed, it has to do with IRS. It does not have to
[01:12:03.800 --> 01:12:10.760]  do with civil procedure. And anything filed in the court has to get there by the date
[01:12:10.760 --> 01:12:18.400]  it's due. They don't... Okay, is this Deborah claiming
[01:12:18.400 --> 01:12:24.760]  that she filed something and the other side claims they didn't get it or is it the other
[01:12:24.760 --> 01:12:28.640]  side claiming they mailed something and Deborah didn't get it?
[01:12:28.640 --> 01:12:32.600]  The court is saying they didn't get it until the 15th and she mailed it on the 9th and
[01:12:32.600 --> 01:12:37.480]  it was due on the 11th. Okay. Well, Tina's got case law that says...
[01:12:37.480 --> 01:12:45.960]  She mailed it on the 7th. She mailed it on the 7th. It was due on the 11th.
[01:12:45.960 --> 01:12:50.160]  She's got case law that says that once it's mailed, it's a done deal.
[01:12:50.160 --> 01:12:55.600]  Well, I have... Okay, I've remembered this argument. I've seen
[01:12:55.600 --> 01:13:02.800]  this before that the courts are saying they don't care when you mailed it. It only matters
[01:13:02.800 --> 01:13:09.840]  when they get it. Right. Because she had a guarantee of two-day
[01:13:09.840 --> 01:13:16.040]  delivery. She filed a priority mail. Okay, then if she can prove she filed it
[01:13:16.040 --> 01:13:21.160]  by priority mail, she should be able to bring in the postal service.
[01:13:21.160 --> 01:13:27.080]  Oh, yeah. She's got a documentation of when it was mailed and it should have been there
[01:13:27.080 --> 01:13:32.320]  in time. I mean, she'll have four days and they guaranteed two-day delivery.
[01:13:32.320 --> 01:13:42.400]  Well, Tina has case law that says if you claim that you filed it first class, that's all
[01:13:42.400 --> 01:13:45.840]  you need. Then they assume the other side got it.
[01:13:45.840 --> 01:13:50.120]  They assume the other side got it and they have no recourse.
[01:13:50.120 --> 01:13:53.600]  So if it works in one direction, it works in the other.
[01:13:53.600 --> 01:13:58.080]  So send me an email. I'll get it to Tina and you two can talk.
[01:13:58.080 --> 01:14:04.800]  I talked to Tina about it and I said, based on that ruling, all you have to do is take
[01:14:04.800 --> 01:14:10.480]  a document, put it in an envelope, put a first class mail stamp on it, take a photograph
[01:14:10.480 --> 01:14:20.800]  of it and then throw it in the trash. According to the court ruling on her case, it's mailed.
[01:14:20.800 --> 01:14:23.680]  They have to prove that you threw it in the trash.
[01:14:23.680 --> 01:14:29.000]  They have to prove that they didn't get it. How do you do that?
[01:14:29.000 --> 01:14:32.760]  So she's got case law that says that. So you go to the court and say, you got to prove
[01:14:32.760 --> 01:14:41.000]  you didn't get it by this case law. This is the appeals court ruling. So it's
[01:14:41.000 --> 01:14:42.000]  sightable.
[01:14:42.000 --> 01:14:43.000]  Really? Federal?
[01:14:43.000 --> 01:14:44.000]  Yeah.
[01:14:44.000 --> 01:14:45.000]  Federal?
[01:14:45.000 --> 01:14:46.000]  Oh, good.
[01:14:46.000 --> 01:14:53.640]  So it's just what you need. They used it to screw this woman out of her property.
[01:14:53.640 --> 01:14:55.840]  Now you get to turn it back on.
[01:14:55.840 --> 01:15:01.640]  Oh, I hope so. Well, yeah, I'll send you an email because that's what I'm having trouble
[01:15:01.640 --> 01:15:07.320]  with. I'm preparing the arguments and everything and I'm finding all this other stuff where
[01:15:07.320 --> 01:15:12.880]  they're saying, okay, it's all right for the mailbox rule in a prison has to go to the
[01:15:12.880 --> 01:15:17.720]  prison mail and the day goes to the prison mail is the date that it's filed. Well, if
[01:15:17.720 --> 01:15:22.280]  it's that way for the prison mail, why isn't it for the regular mail when you present it
[01:15:22.280 --> 01:15:27.400]  to the post office? Why isn't it that today that's filed?
[01:15:27.400 --> 01:15:30.880]  Because if you're not in prison, you can go down to the court and put it in the court
[01:15:30.880 --> 01:15:31.880]  by hand.
[01:15:31.880 --> 01:15:32.880]  Not everybody.
[01:15:32.880 --> 01:15:37.880]  Why is she not using e-filing?
[01:15:37.880 --> 01:15:40.680]  They didn't offer her that. They didn't tell her she could.
[01:15:40.680 --> 01:15:46.080]  They don't have to. She can just go in and sign up for it.
[01:15:46.080 --> 01:15:52.480]  I just signed up for it and I don't even have a case.
[01:15:52.480 --> 01:16:00.400]  Yeah. Well, I hope she doesn't have to be bothered with that anymore. But right now,
[01:16:00.400 --> 01:16:08.840]  she's got this on this issue, even if it's not exactly what you need, this is going to
[01:16:08.840 --> 01:16:17.440]  have a lot of case law on the mailbox rule because they both filed briefs on it.
[01:16:17.440 --> 01:16:24.960]  Okay. Now, on the other case that we have is because of the forged assignment and it's
[01:16:24.960 --> 01:16:34.240]  dated 2004. Now, like I just told you, this has a 2015 assignment and 2012 assignment and
[01:16:34.240 --> 01:16:42.240]  a 2000 and a 10 assignment and a 2007 assignment. The 2007, 10, 12, and...
[01:16:42.240 --> 01:16:50.720]  Hang on. About to go to break. Randy Kelton, Brutal Law Radio, our call in number 512-646-1984.
[01:16:50.720 --> 01:16:56.760]  On the side, we generally build up on callers at the end of the day and here we don't have
[01:16:56.760 --> 01:17:00.600]  any. Hang on. We'll be right back.
[01:17:00.600 --> 01:17:10.440]  It's the 2018 Logos Radio Network Annual Fundraiser and Gun Giveaway, sponsored by Central Texas
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[01:19:01.760 --> 01:19:10.760]  This is the Logos Logos Radio Network.
[01:19:31.760 --> 01:19:59.760]  If I can't get everything I want, if I can't get everything I need, if I can't get everything
[01:19:59.760 --> 01:20:11.560]  I need, if I can't get everything I need, if I can't get everything I need, if I can't
[01:20:11.560 --> 01:20:13.280]  get everything I need, if I can't get everything I need.
[01:20:13.280 --> 01:20:19.040]  Okay, we are back. Randy Kelton. The Rue de La Radio. And we're talking to Leslie in
[01:20:19.040 --> 01:20:25.200]  Pennsylvania. Okay, go ahead, Leslie. Okay. So, to make a long story short, all of the
[01:20:25.200 --> 01:20:32.960]  Assignments from 2007 until 2012 were adjudicated in a federal court.
[01:20:32.960 --> 01:20:37.960]  The order was signed March 30th, I think, in March 27th.
[01:20:37.960 --> 01:20:38.960]  Okay.
[01:20:38.960 --> 01:20:39.960]  Okay.
[01:20:39.960 --> 01:20:40.960]  What was adjudicated?
[01:20:40.960 --> 01:20:41.960]  2014.
[01:20:41.960 --> 01:20:48.320]  The Assignments from 2007 to 2012 were accurate and true.
[01:20:48.320 --> 01:20:49.320]  Okay.
[01:20:49.320 --> 01:20:55.760]  That Merse can do what it wants and these were the further assignments and those are
[01:20:55.760 --> 01:20:56.760]  accurate.
[01:20:56.760 --> 01:20:57.760]  Okay.
[01:20:57.760 --> 01:21:05.040]  So, every time you mention those assignments from 2007 to 2012, they're rest judicata.
[01:21:05.040 --> 01:21:06.040]  Okay.
[01:21:06.040 --> 01:21:14.760]  Now, in 2014, an assignment gets recorded, dated 2004, so because of the assignment that
[01:21:14.760 --> 01:21:22.120]  was adjudicated in 2007, this 2004 assignment is not possible.
[01:21:22.120 --> 01:21:26.960]  It's also not possible because if you look at it physically, you can see it's an assi...
[01:21:26.960 --> 01:21:33.880]  It's a forgery and the reason you can is because it was created the day before the Dita
[01:21:33.880 --> 01:21:40.480]  Trust was recorded and it clearly states on there the page number and the date it was
[01:21:40.480 --> 01:21:46.960]  recorded, which was after the creation of the assignment.
[01:21:46.960 --> 01:21:55.040]  To a party that would not exist for another four years, three years, I'm sorry.
[01:21:55.040 --> 01:21:56.040]  Wait.
[01:21:56.040 --> 01:21:59.520]  To a party that would not exist for another three years?
[01:21:59.520 --> 01:22:00.520]  Yes.
[01:22:00.520 --> 01:22:06.280]  So, the 2004 assignment went from the original lender, I take it?
[01:22:06.280 --> 01:22:07.280]  Yes.
[01:22:07.280 --> 01:22:08.280]  To who?
[01:22:08.280 --> 01:22:09.280]  2007 Trust.
[01:22:09.280 --> 01:22:10.280]  Okay.
[01:22:10.280 --> 01:22:11.280]  Okay.
[01:22:11.280 --> 01:22:12.280]  Okay.
[01:22:12.280 --> 01:22:26.240]  So, this went into a trust that wouldn't exist yet for four years.
[01:22:26.240 --> 01:22:30.760]  That looks pretty clearly messed up.
[01:22:30.760 --> 01:22:36.160]  Well, especially being that it states on a future date as the date that it's referring
[01:22:36.160 --> 01:22:39.000]  to the instrument number and all that kind of stuff.
[01:22:39.000 --> 01:22:45.880]  So, that's a great spot for declaratory adjustment.
[01:22:45.880 --> 01:22:46.880]  Yes.
[01:22:46.880 --> 01:22:51.000]  I should do another one for that one.
[01:22:51.000 --> 01:22:58.320]  Just for that and just on the singular issue that this document cannot be properly filed.
[01:22:58.320 --> 01:23:03.680]  That's easier for the judge to rule because he's not ruling against anybody.
[01:23:03.680 --> 01:23:09.280]  Essentially, you're saying they didn't follow the filing rules when they filed this.
[01:23:09.280 --> 01:23:15.280]  They can go back and fix it if they want to, but they didn't file it right at this time.
[01:23:15.280 --> 01:23:19.000]  Now, the fact that they can't go back and fix it, that's irrelevant.
[01:23:19.000 --> 01:23:24.160]  But you're only saying they didn't do this in accordance with the statutory requirements.
[01:23:24.160 --> 01:23:28.000]  And you're not getting any judgments against anybody or anything.
[01:23:28.000 --> 01:23:30.880]  So, it's a lot easier for the judge to give you the ruling.
[01:23:30.880 --> 01:23:37.640]  Now, do you have to file with them as versus the trust?
[01:23:37.640 --> 01:23:41.000]  Wait, say that again?
[01:23:41.000 --> 01:23:45.040]  When you file a declaratory judgment, now, the other one was against Countrywide who
[01:23:45.040 --> 01:23:46.040]  doesn't exist anyway.
[01:23:46.040 --> 01:23:48.280]  So, we're not worrying about serving them.
[01:23:48.280 --> 01:23:55.440]  But when you file for a declaratory judgment against a CSAB mortgage pass-through certificate
[01:23:55.440 --> 01:23:58.760]  series, that also does not exist, I might add.
[01:23:58.760 --> 01:23:59.760]  Good.
[01:23:59.760 --> 01:24:02.520]  So, you file against them and...
[01:24:02.520 --> 01:24:09.960]  They have a servicer called, what's the name of it, specialized loan servicing, SLS.
[01:24:09.960 --> 01:24:16.600]  And whoever that servicer is who's reporting to be a servicer for a non-existent company,
[01:24:16.600 --> 01:24:22.680]  then you do a challenge to the agency standing in capacity.
[01:24:22.680 --> 01:24:28.360]  When they try to file something in the record, in the declaratory judgment record, you move
[01:24:28.360 --> 01:24:34.880]  to strike for lack of agency standing in capacity.
[01:24:34.880 --> 01:24:44.840]  And let them prove up how they can be an agent for a dead guy.
[01:24:44.840 --> 01:24:48.320]  Judge Shrek in New York called him Vampire Lenders.
[01:24:48.320 --> 01:24:50.040]  They rise up from the grave.
[01:24:50.040 --> 01:24:52.760]  Well, it's not just that it's a dead guy.
[01:24:52.760 --> 01:24:53.760]  That's not the problem.
[01:24:53.760 --> 01:24:55.480]  The problem is it was never registered.
[01:24:55.480 --> 01:24:59.000]  It was never registered in the...
[01:24:59.000 --> 01:25:00.000]  What do you call it?
[01:25:00.000 --> 01:25:01.000]  Oh.
[01:25:01.000 --> 01:25:02.000]  The Bloomberg Terminal is nothing.
[01:25:02.000 --> 01:25:03.000]  It was never registered.
[01:25:03.000 --> 01:25:06.840]  There is no filing in them for this case in exchange for...
[01:25:06.840 --> 01:25:07.840]  Okay.
[01:25:07.840 --> 01:25:08.840]  Okay.
[01:25:08.840 --> 01:25:09.840]  Oh, okay.
[01:25:09.840 --> 01:25:13.800]  I mean, there is no filing for them at all anywhere.
[01:25:13.800 --> 01:25:20.600]  So, they're acting as an agent for a baby that hasn't been born yet?
[01:25:20.600 --> 01:25:21.600]  Exactly.
[01:25:21.600 --> 01:25:25.640]  That was supposed to have been born eight years ago.
[01:25:25.640 --> 01:25:29.560]  Apparently, it was still born, I guess.
[01:25:29.560 --> 01:25:32.080]  That would be great for declaratory judgment.
[01:25:32.080 --> 01:25:34.280]  So, how do you do that?
[01:25:34.280 --> 01:25:39.080]  Do you serve the person or you just put the person there and then just go...
[01:25:39.080 --> 01:25:42.360]  You send service to last known address.
[01:25:42.360 --> 01:25:49.960]  Yeah, but their last known address is SLS service.
[01:25:49.960 --> 01:25:50.960]  Who cares?
[01:25:50.960 --> 01:25:51.960]  That's...
[01:25:51.960 --> 01:25:52.960]  Okay.
[01:25:52.960 --> 01:25:56.800]  They're a problem, not your problem.
[01:25:56.800 --> 01:26:02.800]  What about the vexatious litigant that they put a stay on everything for her?
[01:26:02.800 --> 01:26:08.160]  Does she not have a file or anything unless she goes to the federal court, the bankruptcy
[01:26:08.160 --> 01:26:09.160]  judge?
[01:26:09.160 --> 01:26:10.160]  Okay.
[01:26:10.160 --> 01:26:12.160]  That's not too difficult.
[01:26:12.160 --> 01:26:16.720]  She files a declaratory judgment and the judge looks at it and says, you know, this
[01:26:16.720 --> 01:26:17.720]  is not...
[01:26:17.720 --> 01:26:20.560]  No, this is pretty straightforward.
[01:26:20.560 --> 01:26:26.480]  I have people here in Dallas who have been declared the vexatious, but all they look
[01:26:26.480 --> 01:26:32.440]  at it for is to see if it's frivolous.
[01:26:32.440 --> 01:26:40.680]  And declaratory judgment doesn't ask for harm from anyone, so if it's based on facts that
[01:26:40.680 --> 01:26:47.760]  are evident in the public record, then they're almost certainly going to grant it.
[01:26:47.760 --> 01:26:50.760]  Okay.
[01:26:50.760 --> 01:26:55.680]  So, she should just file this one with the bankruptcy judge too, the Chief Justice?
[01:26:55.680 --> 01:27:02.080]  No, this is filed with the district court, just doesn't have anything to do with the
[01:27:02.080 --> 01:27:03.080]  bankruptcy.
[01:27:03.080 --> 01:27:11.080]  No, they said that they wouldn't let her file anything in any court unless she gets clearance
[01:27:11.080 --> 01:27:12.080]  from the bankruptcy judge.
[01:27:12.080 --> 01:27:19.080]  I don't know how they can have control over a case they've closed.
[01:27:19.080 --> 01:27:27.160]  It's generally a district court has to authorize it.
[01:27:27.160 --> 01:27:30.200]  This would be the court in which she's filing it.
[01:27:30.200 --> 01:27:35.240]  I would suggest that she file it in the court and then notice the court that she's been
[01:27:35.240 --> 01:27:40.760]  declared a vexatious litigant and ask the court to examine the filing and determine
[01:27:40.760 --> 01:27:43.120]  whether or not he believes it's frivolous.
[01:27:43.120 --> 01:27:44.120]  Okay.
[01:27:44.120 --> 01:27:51.160]  And then if the bankruptcy court don't like it, let them argue with the district judge.
[01:27:51.160 --> 01:27:52.160]  Okay.
[01:27:52.160 --> 01:27:55.160]  That makes sense.
[01:27:55.160 --> 01:27:56.480]  I'll get this one.
[01:27:56.480 --> 01:27:58.880]  This is not an adversarial proceeding.
[01:27:58.880 --> 01:27:59.880]  Right.
[01:27:59.880 --> 01:28:07.960]  An adversarial proceeding would be filed in the bankruptcy court, but this is a declaratory
[01:28:07.960 --> 01:28:14.400]  judgment suit, it's not any of the bankruptcy court's business.
[01:28:14.400 --> 01:28:15.800]  So you file it with the district court.
[01:28:15.800 --> 01:28:20.160]  If they have an issue, then the two judges will talk to each other.
[01:28:20.160 --> 01:28:27.000]  But if she notices this judge that she's been declared a vexatious litigant and asks
[01:28:27.000 --> 01:28:34.000]  him to examine it and make a determination on the front end, she's never had any problem.
[01:28:34.000 --> 01:28:35.000]  Okay.
[01:28:35.000 --> 01:28:42.480]  All right, because I wanted to get something before she gets all of this stuff done with
[01:28:42.480 --> 01:28:50.600]  the, what do you call it, with all the appeals done, because what I think is going to happen
[01:28:50.600 --> 01:28:59.760]  and it makes only good sense that if she loses in her appeal, either one of them, they will
[01:28:59.760 --> 01:29:08.280]  live to stay on the foreclosure suit and use that as a risk to the defense.
[01:29:08.280 --> 01:29:20.080]  Well, if they won't, if she files a notices search, they'll get her another year, at least.
[01:29:20.080 --> 01:29:21.080]  Okay.
[01:29:21.080 --> 01:29:30.400]  So if she loses in the fifth circuit, then she just files a notices search, Yori?
[01:29:30.400 --> 01:29:31.400]  Yeah.
[01:29:31.400 --> 01:29:36.880]  It'll take them a couple of months and they'll docket it, and then it'll take them on the
[01:29:36.880 --> 01:29:40.640]  order of nine months to get to that.
[01:29:40.640 --> 01:29:43.320]  You know, they'd got to dig through the pile.
[01:29:43.320 --> 01:29:48.880]  The last one I did in New York took them nine months to get to it and deny it.
[01:29:48.880 --> 01:29:59.240]  So she files a notice and I think she's got 90 days to file the cert and then they'll
[01:29:59.240 --> 01:30:00.240]  take a notice.
[01:30:00.240 --> 01:30:04.800]  It seems like everywhere you turn nowadays, someone wants your name, social security number
[01:30:04.800 --> 01:30:08.600]  and date of birth, but you should think twice before giving away your personal data.
[01:30:08.600 --> 01:30:12.480]  I'm Dr. Catherine Albrecht and I'll say more in just a moment.
[01:30:12.480 --> 01:30:17.160]  Google is watching you, recording everything you've ever searched for and creating a massive
[01:30:17.160 --> 01:30:19.800]  database of your personal information.
[01:30:19.800 --> 01:30:20.800]  That's creepy.
[01:30:20.800 --> 01:30:22.800]  But it doesn't have to be that way.
[01:30:22.800 --> 01:30:25.920]  StartPage.com is the world's most private search engine.
[01:30:25.920 --> 01:30:30.480]  StartPage.com doesn't store your IP address, make a record of your searches or use tracking
[01:30:30.480 --> 01:30:32.760]  cookies and their third party certified.
[01:30:32.760 --> 01:30:37.240]  If you don't like big brother spying on you, start over with StartPage.
[01:30:37.240 --> 01:30:39.840]  Great search results and total privacy.
[01:30:39.840 --> 01:30:43.320]  StartPage.com, the world's most private search engine.
[01:30:43.320 --> 01:30:48.000]  This forms, forms, they're everywhere, but just because a piece of paper asks for information
[01:30:48.000 --> 01:30:49.520]  doesn't mean you have to give it.
[01:30:49.520 --> 01:30:55.040]  I lay blank spaces on forms all the time or I write N slash A for not applicable and usually
[01:30:55.040 --> 01:30:56.840]  nobody notices or cares.
[01:30:56.840 --> 01:31:01.400]  I never give my social security number or date of birth unless it's absolutely mandatory
[01:31:01.400 --> 01:31:05.720]  for employment or a government requirement and I won't give my phone number to a company
[01:31:05.720 --> 01:31:09.880]  or an organization unless I actually want them to call me and that's pretty rare.
[01:31:09.880 --> 01:31:15.000]  To preserve our vanishing privacy we need to practice saying no to random data requests.
[01:31:15.000 --> 01:31:18.800]  It's like exercising a muscle, it gets easier the more you do it.
[01:31:18.800 --> 01:31:31.880]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:31:31.880 --> 01:31:37.240]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11th.
[01:31:37.240 --> 01:31:39.160]  The government says that fire brought it down.
[01:31:39.160 --> 01:31:44.160]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.160 --> 01:31:48.280]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[01:31:48.280 --> 01:31:49.760]  force responders are playing.
[01:31:49.760 --> 01:31:53.600]  I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction officer,
[01:31:53.600 --> 01:31:58.400]  I'm an Air Force pilot, I'm a father who lost his son, we're Americans and we deserve the
[01:31:58.400 --> 01:31:59.400]  truth.
[01:31:59.400 --> 01:32:01.400]  Go to RememberBuilding7.org today.
[01:32:01.400 --> 01:32:04.400]  Hey, it's Danny here for Hill Country Home Improvements.
[01:32:04.400 --> 01:32:07.400]  Did your home receive hail or wind damage from the recent storms?
[01:32:07.400 --> 01:32:11.080]  Come on, we all know the government caused it with their chemtrails, but good luck getting
[01:32:11.080 --> 01:32:12.080]  them to pay for it.
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[01:32:15.680 --> 01:32:19.480]  That's why you have insurance and Hill Country Home Improvements can handle the claim for
[01:32:19.480 --> 01:32:22.280]  you with little to no out-of-pocket expense.
[01:32:22.280 --> 01:32:26.520]  And we accept Bitcoin as a multi-year A-plus member of the Better Business Bureau with
[01:32:26.520 --> 01:32:27.880]  zero complaints.
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[01:32:41.960 --> 01:32:46.560]  we'll donate another $100 to the Logos radio network to help continue this programming.
[01:32:46.560 --> 01:32:51.680]  So if those out-of-town roofers come knocking, your door should be locked in.
[01:32:51.680 --> 01:33:00.000]  That's 512-992-8745 or hillcountryhomeimprovements.com, discounts are based on full roof replacement.
[01:33:00.000 --> 01:33:07.000]  And I actually be kidding about chemtrails.
[01:33:30.000 --> 01:33:49.280]  Okay, so what I need to do now is just serve them at the address for specialized loan servicing
[01:33:49.280 --> 01:33:51.720]  for declaratory judgment.
[01:33:51.720 --> 01:33:57.200]  You are authorized to serve them at the last known address.
[01:33:57.200 --> 01:34:04.480]  Okay, because that's where when she sent to the trustee, the trustee of the trust was
[01:34:04.480 --> 01:34:07.560]  US Bank, of course, and they don't know anything.
[01:34:07.560 --> 01:34:13.400]  They just sent her back to SLS to ask if you want to know anything in SLS.
[01:34:13.400 --> 01:34:18.720]  She asked for a copy of the pooling of the agreement.
[01:34:18.720 --> 01:34:23.320]  The pooling and servicing agreement?
[01:34:23.320 --> 01:34:29.200]  Just the trust agreement that formed the trust, and she's never got it.
[01:34:29.200 --> 01:34:33.320]  Not even electronically of any kind, it's not anywhere.
[01:34:33.320 --> 01:34:38.960]  Did she ask the court to compel discovery on it?
[01:34:38.960 --> 01:34:41.040]  No, not yet.
[01:34:41.040 --> 01:34:42.040]  Okay.
[01:34:42.040 --> 01:34:47.240]  They don't have to respond to discovery unless the court compels it.
[01:34:47.240 --> 01:34:49.480]  So she'll have to file a motion to compel.
[01:34:49.480 --> 01:34:50.480]  Yes.
[01:34:50.480 --> 01:34:54.200]  But that trust never existed in the first place.
[01:34:54.200 --> 01:35:03.960]  And so it's a great filing to ask the court to compel them to produce a document for a
[01:35:03.960 --> 01:35:09.400]  trust that doesn't exist, and let them explain it to the court.
[01:35:09.400 --> 01:35:10.400]  Exactly.
[01:35:10.400 --> 01:35:19.280]  See, the thing is, is that she had a private detective find out where her loan is, and the
[01:35:19.280 --> 01:35:25.680]  trust that her loan is in has never been assigned the document.
[01:35:25.680 --> 01:35:27.920]  Never been assigned the loan.
[01:35:27.920 --> 01:35:28.920]  But that's where...
[01:35:28.920 --> 01:35:33.960]  So that goes to 13.001.
[01:35:33.960 --> 01:35:37.920]  They have a valid claim.
[01:35:37.920 --> 01:35:43.640]  There are the bona fide holder.
[01:35:43.640 --> 01:35:52.160]  But any claim against real property, not properly acknowledged or proven and filed in the record,
[01:35:52.160 --> 01:35:55.280]  is void as to the holder.
[01:35:55.280 --> 01:35:56.280]  Exactly.
[01:35:56.280 --> 01:35:57.280]  Exactly.
[01:35:57.280 --> 01:36:01.080]  Why is she fighting so hard?
[01:36:01.080 --> 01:36:02.080]  Can you...
[01:36:02.080 --> 01:36:03.080]  Okay.
[01:36:03.080 --> 01:36:08.200]  They have 60 days to file it.
[01:36:08.200 --> 01:36:14.240]  If somebody were to file a claim against a property, before they, you know, if they get
[01:36:14.240 --> 01:36:18.440]  noticed and then they come and file it, then it's good.
[01:36:18.440 --> 01:36:22.960]  But if somebody files something before that, and then they come and file it, the claim stands
[01:36:22.960 --> 01:36:25.440]  in front of it.
[01:36:25.440 --> 01:36:26.920]  Exactly.
[01:36:26.920 --> 01:36:35.600]  So if somebody's claiming to have holder status and you can show they don't, then the
[01:36:35.600 --> 01:36:40.160]  deal is, will the true holder please stand up?
[01:36:40.160 --> 01:36:45.680]  But if somebody files a claim in between, when the true holder stands up, they stand
[01:36:45.680 --> 01:36:50.960]  up behind the filing, like maybe a quick claim or something.
[01:36:50.960 --> 01:36:51.960]  Yes.
[01:36:51.960 --> 01:37:00.320]  Well, that's something similar in Mr. and Mrs. X that I was just talking about earlier.
[01:37:00.320 --> 01:37:05.320]  After they had that forgery filed in the court, and I said, well, if that's not the one you
[01:37:05.320 --> 01:37:08.720]  filed, we better file another one quick.
[01:37:08.720 --> 01:37:17.640]  And he signed a mortgage to his brother-in-law, and then assigned it to a trust, recently
[01:37:17.640 --> 01:37:18.960]  assigned it to a trust.
[01:37:18.960 --> 01:37:23.200]  Oh, so you have an intervening claim.
[01:37:23.200 --> 01:37:24.200]  Oh, wonderful.
[01:37:24.200 --> 01:37:25.200]  Yeah.
[01:37:25.200 --> 01:37:27.760]  Oh, I wasn't going to let that go.
[01:37:27.760 --> 01:37:32.000]  You find a forgery in them, and you find a forgery filed like that, you don't let it
[01:37:32.000 --> 01:37:33.000]  go.
[01:37:33.000 --> 01:37:35.360]  You don't want to file another claim.
[01:37:35.360 --> 01:37:36.360]  Oh, yeah.
[01:37:36.360 --> 01:37:41.440]  We don't call you, we don't call you bad grandma for nothing.
[01:37:41.440 --> 01:37:42.440]  Nope.
[01:37:42.440 --> 01:37:43.440]  Nope.
[01:37:43.440 --> 01:37:46.640]  Okay, that is a good move.
[01:37:46.640 --> 01:37:50.920]  So we did, that's my, my property too.
[01:37:50.920 --> 01:37:51.920]  Okay.
[01:37:51.920 --> 01:37:59.360]  Deb is concerned that she's running out of time, and I'm pretty well sure she's not.
[01:37:59.360 --> 01:38:01.960]  She's got another year anyway.
[01:38:01.960 --> 01:38:02.960]  Yeah.
[01:38:02.960 --> 01:38:03.960]  At least.
[01:38:03.960 --> 01:38:10.480]  In the meanwhile, maybe we can get these declaratory judgments to make it a moot point.
[01:38:10.480 --> 01:38:13.880]  Yeah, that'll give you time.
[01:38:13.880 --> 01:38:16.520]  The declaratory judgments shouldn't take long.
[01:38:16.520 --> 01:38:17.520]  Yeah.
[01:38:17.520 --> 01:38:24.320]  Because there's a very small issue that the judge needs to look at.
[01:38:24.320 --> 01:38:25.320]  Yeah.
[01:38:25.320 --> 01:38:31.200]  And what's going to, what's likely to happen is when she files the declaratory judge,
[01:38:31.200 --> 01:38:36.720]  the other side is going to do like they did in my cases, they're going to file a rule
[01:38:36.720 --> 01:38:41.200]  12 motion to dismiss her failure state of claim.
[01:38:41.200 --> 01:38:50.280]  They did that in Fort Worth and Judgement Bride dismissed my declaratory judgment with
[01:38:50.280 --> 01:38:56.080]  prejudice for failure to state of claim on which recovery can be had.
[01:38:56.080 --> 01:39:03.360]  I almost couldn't believe what I saw, and I think it's because they really don't understand
[01:39:03.360 --> 01:39:09.120]  the declaratory judgments, and that makes it even better to file because even if you
[01:39:09.120 --> 01:39:15.400]  have a valid respondent, these lawyers don't know how to respond to a declaratory judgment
[01:39:15.400 --> 01:39:16.400]  suit.
[01:39:16.400 --> 01:39:25.080]  So they file a rule 12 motion to dismiss and, and you move to strike.
[01:39:25.080 --> 01:39:33.200]  Because it fails to address any issue before the court, it's irrelevant.
[01:39:33.200 --> 01:39:37.080]  And in my case, the judge dismissed it, so I filed criminal charges against him with
[01:39:37.080 --> 01:39:38.080]  the FBI.
[01:39:38.080 --> 01:39:41.840]  Oh, that was great fun.
[01:39:41.840 --> 01:39:47.920]  And then I had David Wethy file essentially the same suit in a couple of other cases,
[01:39:47.920 --> 01:39:51.880]  and he did not dismiss either one of them.
[01:39:51.880 --> 01:40:00.920]  So we got his attention, but clearly the declaratory judgments that we have filed, the lawyers
[01:40:00.920 --> 01:40:04.920]  did not know how to handle them.
[01:40:04.920 --> 01:40:07.880]  So that's a great position to put them in.
[01:40:07.880 --> 01:40:08.880]  Yeah.
[01:40:08.880 --> 01:40:11.880]  Yeah, that's what I figured.
[01:40:11.880 --> 01:40:16.400]  Well, if we get this declaratory judgment, I don't know if the bankruptcy judge is like
[01:40:16.400 --> 01:40:20.840]  I told Deborah, I says they closed your case, so I don't know if the judge will rule on
[01:40:20.840 --> 01:40:25.080]  that or just say it's okay, we'll file it in the lower court, or we don't, we don't
[01:40:25.080 --> 01:40:28.960]  want to see, we don't want to see you again, just go file what you want, you know?
[01:40:28.960 --> 01:40:29.960]  Oh, wait.
[01:40:29.960 --> 01:40:32.560]  Is, okay, is her bankruptcy closed?
[01:40:32.560 --> 01:40:34.560]  Yeah, the bankruptcy.
[01:40:34.560 --> 01:40:35.560]  Okay.
[01:40:35.560 --> 01:40:39.000]  Then bankruptcy judge doesn't have anything to say about anything.
[01:40:39.000 --> 01:40:45.480]  You file it with the district judge and notify him that you've been declared sexist and ask
[01:40:45.480 --> 01:40:52.120]  him to look at it, then he's likely to look at it with him, because you've asked him to
[01:40:52.120 --> 01:40:59.520]  and noticed him, he's going to look at it just to see if you have a valid claim.
[01:40:59.520 --> 01:41:02.160]  So that probably is not so hard to get around.
[01:41:02.160 --> 01:41:09.920]  All of Exaceous Litigants' status does is protect the court from a frivolous faction.
[01:41:09.920 --> 01:41:16.440]  If he looks at the claim and it doesn't read frivolous on his face, he's going to let you
[01:41:16.440 --> 01:41:18.440]  file it anyway.
[01:41:18.440 --> 01:41:19.440]  Okay.
[01:41:19.440 --> 01:41:25.240]  The frivolous filing is not as bad as it sounds.
[01:41:25.240 --> 01:41:26.240]  Okay.
[01:41:26.240 --> 01:41:33.480]  So if she files that, she doesn't have to serve them until he decides it's okay to go ahead
[01:41:33.480 --> 01:41:34.480]  with it?
[01:41:34.480 --> 01:41:35.480]  Right.
[01:41:35.480 --> 01:41:36.480]  Okay.
[01:41:36.480 --> 01:41:40.200]  Because that wouldn't make sense to serve them.
[01:41:40.200 --> 01:41:47.360]  Federal courts, she needs to serve them anyway, because I think the Fed, the clerk, won't take
[01:41:47.360 --> 01:41:49.480]  it unless you have proof of service.
[01:41:49.480 --> 01:41:50.480]  No.
[01:41:50.480 --> 01:41:52.080]  I mean, she can file...
[01:41:52.080 --> 01:42:01.520]  They won't take the filing unless you show proof of service, so you have to get your green
[01:42:01.520 --> 01:42:10.480]  card and put the date on the cert and the green card number and claim you've served it this
[01:42:10.480 --> 01:42:15.280]  day, then they'll take it, and then you go ahead and mail it to them.
[01:42:15.280 --> 01:42:27.080]  It sounds like you have non-existent respondents, so just mail it to the non-existent address
[01:42:27.080 --> 01:42:35.000]  or even better, go to e-filing and e-file it, and it's up to the court.
[01:42:35.000 --> 01:42:42.160]  When you e-file, when you put it in there, it's filed that second, so there's no question
[01:42:42.160 --> 01:42:47.640]  about whether it's filed or not, and I can show her how to set them up so the court will
[01:42:47.640 --> 01:42:53.560]  accept them, and the court notices the other side.
[01:42:53.560 --> 01:42:54.560]  Oh.
[01:42:54.560 --> 01:43:03.360]  Does that happen in the county court too, the county district court?
[01:43:03.360 --> 01:43:10.680]  The district court, yes, yes, the district court, and I'm not sure that all of the county
[01:43:10.680 --> 01:43:16.920]  courts are doing this, but they're supposed to be, and under the e-filing rules, you don't
[01:43:16.920 --> 01:43:22.680]  really serve the other party, you just e-file it, and it is the court that e-files a copy
[01:43:22.680 --> 01:43:25.960]  to opposing counsel.
[01:43:25.960 --> 01:43:27.200]  Okay.
[01:43:27.200 --> 01:43:30.200]  So, it stays a whole lot of grief.
[01:43:30.200 --> 01:43:35.520]  You don't have to print up all these documents and mail them all around, and when you e-mail
[01:43:35.520 --> 01:43:38.680]  it, it's a done deal.
[01:43:38.680 --> 01:43:44.120]  E-mail keeps a record that they can't get rid of, and so it eliminates a lot of these
[01:43:44.120 --> 01:43:45.120]  issues.
[01:43:45.120 --> 01:43:52.840]  Does this also mean the original complaint, or the petition?
[01:43:52.840 --> 01:43:54.840]  Yeah, all of them, everything you can e-file.
[01:43:54.840 --> 01:43:57.840]  Oh, I'm sorry, the original complaint, I think.
[01:43:57.840 --> 01:43:59.840]  The original complaint.
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[01:46:25.160 --> 01:46:26.160]  Okay.
[01:46:26.160 --> 01:46:27.160]  We are back.
[01:46:27.160 --> 01:46:28.160]  We're into Kelton.
[01:46:28.160 --> 01:46:29.160]  We live on radio.
[01:46:29.160 --> 01:46:35.320]  We're talking to Ms. Leslie in Pennsylvania or in Arizona now.
[01:46:35.320 --> 01:46:39.920]  On the break, I was talking to the producer about e-filing.
[01:46:39.920 --> 01:46:45.480]  I got signed up for e-filing and I helped some people with, they were, they were signed
[01:46:45.480 --> 01:46:51.440]  up for it and figured out how to construct the documents for e-filing.
[01:46:51.440 --> 01:46:57.720]  They have to be searchable PDFs and if I get time, I'll explain how all of that works.
[01:46:57.720 --> 01:47:05.080]  But I've never initiated a case by e-filing and I hadn't considered that because generally
[01:47:05.080 --> 01:47:10.720]  you have to go down and you have to pay the filing fee and such, but I'm sure that the
[01:47:10.720 --> 01:47:17.040]  e-filing people has considered that and worked out a protocol for that.
[01:47:17.040 --> 01:47:24.560]  So we probably just need to call them because do you understand how e-filing works, Leslie?
[01:47:24.560 --> 01:47:32.680]  Yeah, but the thing is with e-filing, they have to have an attorney on the file in the
[01:47:32.680 --> 01:47:35.320]  docket to know how to send the copy.
[01:47:35.320 --> 01:47:36.320]  No, they don't.
[01:47:36.320 --> 01:47:37.320]  They don't.
[01:47:37.320 --> 01:47:38.320]  They don't.
[01:47:38.320 --> 01:47:39.320]  They don't.
[01:47:39.320 --> 01:47:40.320]  They don't.
[01:47:40.320 --> 01:47:41.320]  They don't.
[01:47:41.320 --> 01:47:42.320]  They don't.
[01:47:42.320 --> 01:47:43.320]  They don't.
[01:47:43.320 --> 01:47:44.320]  They don't.
[01:47:44.320 --> 01:47:45.320]  They don't.
[01:47:45.320 --> 01:47:46.320]  They don't.
[01:47:46.320 --> 01:47:47.320]  They don't.
[01:47:47.320 --> 01:47:53.680]  They don't have an attorney of record for the opposition in order to send them a copy.
[01:47:53.680 --> 01:47:59.440]  Oh, you don't care about the attorney, whoever the party is.
[01:47:59.440 --> 01:48:04.720]  If you don't have an attorney of the party's process, if you sue another party, they don't
[01:48:04.720 --> 01:48:08.600]  have an attorney yet anyway.
[01:48:08.600 --> 01:48:09.600]  Not until they get sued.
[01:48:09.600 --> 01:48:14.120]  They don't have to get a hold of them unless you give them their e-mail address.
[01:48:14.120 --> 01:48:15.120]  Yeah.
[01:48:15.120 --> 01:48:21.000]  If you give them the last known address that you have, and if they want an e-mail, they
[01:48:21.000 --> 01:48:23.800]  can try to look it up.
[01:48:23.800 --> 01:48:29.360]  In the declaratory adjustment suit, there really isn't an opposing party.
[01:48:29.360 --> 01:48:31.360]  There's an interested party.
[01:48:31.360 --> 01:48:32.360]  Right.
[01:48:32.360 --> 01:48:39.200]  In this case, that's a party who should have an interest, but they don't exist.
[01:48:39.200 --> 01:48:40.200]  Uh-huh.
[01:48:40.200 --> 01:48:44.960]  It does have an interest, but they're not recorded.
[01:48:44.960 --> 01:48:45.960]  Yeah.
[01:48:45.960 --> 01:48:52.960]  So, normally, you only have four years to chart, to challenge an instrument.
[01:48:52.960 --> 01:49:00.400]  But if the instrument's fraud, then your clock starts after you discover the fraud.
[01:49:00.400 --> 01:49:05.000]  And so, when these people came forward with this document, that's when you discovered
[01:49:05.000 --> 01:49:06.000]  it.
[01:49:06.000 --> 01:49:08.400]  Well, we just discovered it this year.
[01:49:08.400 --> 01:49:09.960]  We just took a closer look at it.
[01:49:09.960 --> 01:49:13.520]  We said, holy cow, this is 2004.
[01:49:13.520 --> 01:49:19.920]  You know, instead of 2014, because it was recorded in 2014.
[01:49:19.920 --> 01:49:20.920]  And then I looked at the dates.
[01:49:20.920 --> 01:49:21.920]  I said, wait a minute.
[01:49:21.920 --> 01:49:22.920]  This date comes after this.
[01:49:22.920 --> 01:49:23.920]  This date.
[01:49:23.920 --> 01:49:24.920]  How is that possible?
[01:49:24.920 --> 01:49:25.920]  Okay.
[01:49:25.920 --> 01:49:31.560]  The date that matters is the date that Clark's filing date on it.
[01:49:31.560 --> 01:49:37.040]  So, if it has a 2014 filing date on it, it's within the statutory time limit to be able
[01:49:37.040 --> 01:49:38.040]  to challenge it.
[01:49:38.040 --> 01:49:41.120]  It doesn't matter what the date on the document is.
[01:49:41.120 --> 01:49:50.320]  Because the document dated 2004 and, for instance, the date that it was signed was the 28th of
[01:49:50.320 --> 01:49:53.440]  July, 2004.
[01:49:53.440 --> 01:50:00.360]  But the original date of trust wasn't even recorded until the next day.
[01:50:00.360 --> 01:50:07.280]  And then in the description of, you know, what it says, it says, does the document
[01:50:07.280 --> 01:50:11.360]  be recorded on?
[01:50:11.360 --> 01:50:12.360]  Okay.
[01:50:12.360 --> 01:50:13.360]  Let me take a step back.
[01:50:13.360 --> 01:50:23.320]  The 2004 document purported to assign the mortgage to whom?
[01:50:23.320 --> 01:50:24.320]  C-S-A-B.
[01:50:24.320 --> 01:50:25.320]  Okay.
[01:50:25.320 --> 01:50:33.480]  The 2007 and the subsequent ones, did they follow from that name?
[01:50:33.480 --> 01:50:34.480]  No.
[01:50:34.480 --> 01:50:40.480]  I mean, so it appears to give a chain of title.
[01:50:40.480 --> 01:50:42.480]  Right.
[01:50:42.480 --> 01:50:51.640]  It interrupts the chain of title because the original ones from the 2007 on were adjudicated.
[01:50:51.640 --> 01:50:52.640]  This one was...
[01:50:52.640 --> 01:50:53.640]  No, wait, wait.
[01:50:53.640 --> 01:50:54.640]  No.
[01:50:54.640 --> 01:50:57.400]  I'm just looking at chain of title.
[01:50:57.400 --> 01:51:08.440]  From the original to the 2007 assignment, did this 2004 assignment need to sit in the
[01:51:08.440 --> 01:51:11.680]  middle to complete the chain of title?
[01:51:11.680 --> 01:51:12.680]  No.
[01:51:12.680 --> 01:51:13.680]  Okay.
[01:51:13.680 --> 01:51:14.680]  No.
[01:51:14.680 --> 01:51:15.680]  So where I'm...
[01:51:15.680 --> 01:51:16.680]  No.
[01:51:16.680 --> 01:51:17.680]  Where you saying, no?
[01:51:17.680 --> 01:51:18.680]  Thanks.
[01:51:18.680 --> 01:51:22.400]  Countrywide Home Loans Inc. took the mortgage, the deed of trust.
[01:51:22.400 --> 01:51:23.400]  They owned it.
[01:51:23.400 --> 01:51:24.400]  They assigned it...
[01:51:24.400 --> 01:51:25.400]  Hold on, hold on.
[01:51:25.400 --> 01:51:27.600]  How did they earn it?
[01:51:27.600 --> 01:51:28.600]  They...
[01:51:28.600 --> 01:51:30.400]  She signed the papers to Countrywide Home Loans Inc.
[01:51:30.400 --> 01:51:31.400]  When...
[01:51:31.400 --> 01:51:34.400]  It was an original countrywide loan.
[01:51:34.400 --> 01:51:35.400]  Okay.
[01:51:35.400 --> 01:51:41.400]  The original mortgage was to countrywide.
[01:51:41.400 --> 01:51:42.400]  Okay.
[01:51:42.400 --> 01:51:43.400]  And then...
[01:51:43.400 --> 01:51:53.520]  The assignment in 2007, who did the assignment to the party in 2007?
[01:51:53.520 --> 01:52:04.000]  The assignment was from Countrywide Home Loans Inc. to MERS.
[01:52:04.000 --> 01:52:05.000]  What was...
[01:52:05.000 --> 01:52:08.640]  Where did the assignment in 2004 say?
[01:52:08.640 --> 01:52:16.640]  It was from Countrywide Home Loans Inc. to C-S-A-B, mortgage-backed, pass-through certificate.
[01:52:16.640 --> 01:52:17.640]  Okay.
[01:52:17.640 --> 01:52:28.920]  Okay, this is what in 13.001, 13.001 paragraph A is the one that says that any document not
[01:52:28.920 --> 01:52:33.560]  properly acknowledged or proven and filed in the record is void, it's to the holder.
[01:52:33.560 --> 01:52:41.320]  But paragraph B says that the document is otherwise valid on its face.
[01:52:41.320 --> 01:52:51.720]  So the 2004, just because it wasn't filed in the record, does not invalidate it.
[01:52:51.720 --> 01:52:52.720]  Now...
[01:52:52.720 --> 01:53:02.080]  So you can say this shows that it was actually negotiated to this third party over here.
[01:53:02.080 --> 01:53:12.360]  And therefore, the assignment to MERS in 2007 was invalid on its face because Countrywide
[01:53:12.360 --> 01:53:18.840]  no longer held that asset that had already been negotiated to somebody else.
[01:53:18.840 --> 01:53:20.120]  It had not...
[01:53:20.120 --> 01:53:24.760]  That negotiation had not been reported in the record the way Covenant 16 of the D.D.
[01:53:24.760 --> 01:53:32.480]  House requires, but it was nevertheless a valid Dock instrument that interrupts Chain
[01:53:32.480 --> 01:53:33.480]  of Tidal.
[01:53:33.480 --> 01:53:39.600]  Well, what we're saying is the Chain of Tidal was already adjudicated from 2007 to 2008.
[01:53:39.600 --> 01:53:40.600]  Does it matter?
[01:53:40.600 --> 01:53:41.600]  Yeah.
[01:53:41.600 --> 01:53:42.600]  It doesn't matter.
[01:53:42.600 --> 01:53:43.600]  Because this one...
[01:53:43.600 --> 01:53:54.720]  That becomes void if you can show that the 2007, that the assignment from the original
[01:53:54.720 --> 01:54:00.320]  mortgage to 2007 was a void assignment.
[01:54:00.320 --> 01:54:03.120]  It doesn't care what's been adjudicated.
[01:54:03.120 --> 01:54:09.720]  If you find new information that wasn't available when that was adjudicated, you can revisit
[01:54:09.720 --> 01:54:10.720]  the adjudication.
[01:54:10.720 --> 01:54:14.720]  Oh, I don't want to revisit the adjudication.
[01:54:14.720 --> 01:54:15.720]  Okay.
[01:54:15.720 --> 01:54:18.720]  Then I don't understand what's going on here.
[01:54:18.720 --> 01:54:19.720]  Because...
[01:54:19.720 --> 01:54:25.080]  Because you're saying that adjudication goes to a non-existent company.
[01:54:25.080 --> 01:54:26.080]  Yeah.
[01:54:26.080 --> 01:54:28.320]  It goes all the way back to country-wide.
[01:54:28.320 --> 01:54:29.320]  Okay.
[01:54:29.320 --> 01:54:31.480]  Then the 2004 document, what...
[01:54:31.480 --> 01:54:34.920]  It's in the 4G.
[01:54:34.920 --> 01:54:35.920]  Value...
[01:54:35.920 --> 01:54:37.360]  Yeah, but what value does it have?
[01:54:37.360 --> 01:54:40.400]  What difference does it make?
[01:54:40.400 --> 01:54:43.440]  Because those are the people that are foreclosing.
[01:54:43.440 --> 01:54:44.440]  Oh.
[01:54:44.440 --> 01:55:00.440]  And we're saying how do you get the foreclose if you had it in 2004 and not 2012?
[01:55:00.440 --> 01:55:01.680]  So the adjudication...
[01:55:01.680 --> 01:55:11.400]  So the courts have ruled that the assignment to the non-existent company is valid.
[01:55:11.400 --> 01:55:19.240]  And that's after the purported assignment to the foreclosing entity.
[01:55:19.240 --> 01:55:26.640]  So now those assignments become resjudicata and the foreclosing entity can't go back and
[01:55:26.640 --> 01:55:27.640]  revisit them.
[01:55:27.640 --> 01:55:30.240]  So they're stuck with collateral estoppals.
[01:55:30.240 --> 01:55:32.640]  Is that what you're saying?
[01:55:32.640 --> 01:55:33.640]  Yeah.
[01:55:33.640 --> 01:55:41.080]  Oh, so that's why you don't want to interrupt those bogus assignments because they put
[01:55:41.080 --> 01:55:45.520]  the screws to the party who's actually trying to foreclose.
[01:55:45.520 --> 01:55:51.600]  And then when the party tries to bring his instrument, then you can show the instrument
[01:55:51.600 --> 01:55:57.080]  is fraudulent, it's trying to fix a problem.
[01:55:57.080 --> 01:56:05.400]  They've assigned it to the wrong to a non-existent company and now they came up with this assignment
[01:56:05.400 --> 01:56:09.040]  that they're trying to stick in front of it.
[01:56:09.040 --> 01:56:13.880]  So they have motivation for fraud.
[01:56:13.880 --> 01:56:14.880]  Yeah.
[01:56:14.880 --> 01:56:16.880]  Well, it's fraud.
[01:56:16.880 --> 01:56:20.200]  It's from the court and everybody else.
[01:56:20.200 --> 01:56:21.200]  Yeah.
[01:56:21.200 --> 01:56:22.200]  So that was...
[01:56:22.200 --> 01:56:27.240]  It took a little while to get all that sorted out, but this is good.
[01:56:27.240 --> 01:56:33.120]  I don't have many people who can make these kind of distinctions very well and I like these
[01:56:33.120 --> 01:56:37.240]  kinds of distinctions.
[01:56:37.240 --> 01:56:45.960]  I've got to send you a copy of the way the assignment looks and then I did another one
[01:56:45.960 --> 01:56:50.000]  with red markings all over it that shows why it's a fraudulent.
[01:56:50.000 --> 01:56:53.200]  Did I send you that yet?
[01:56:53.200 --> 01:56:54.480]  I don't know if you did or not.
[01:56:54.480 --> 01:56:56.480]  If you did, I didn't see it.
[01:56:56.480 --> 01:56:58.480]  I'll get you one.
[01:56:58.480 --> 01:56:59.480]  Okay.
[01:56:59.480 --> 01:57:00.480]  It's really cool.
[01:57:00.480 --> 01:57:04.480]  I mean, it's something you're just looking at and you say, what the heck?
[01:57:04.480 --> 01:57:11.520]  You know, this is one thing that people tend to think that these lawyers are really smart
[01:57:11.520 --> 01:57:18.480]  and they got all their ducks in a row and I am amazed at how dumb things they do.
[01:57:18.480 --> 01:57:21.840]  They never cease to amaze me.
[01:57:21.840 --> 01:57:28.840]  A Tim Pixler, you know, we look at what they did and it's just amazing how dumb it is.
[01:57:28.840 --> 01:57:30.560]  And just absolutely arrogant.
[01:57:30.560 --> 01:57:35.360]  They seem to think that there's nothing we can do, anything they want to, and the courts
[01:57:35.360 --> 01:57:38.200]  will accept anything they do.
[01:57:38.200 --> 01:57:41.880]  The grand juries have their criminal complaints because that's a forgery.
[01:57:41.880 --> 01:57:42.880]  They put it in the courts.
[01:57:42.880 --> 01:57:44.880]  That's a crime.
[01:57:44.880 --> 01:57:50.880]  And that's how we need to take them because one thing they can't buy are grand juries.
[01:57:50.880 --> 01:57:58.120]  I don't have time to go into why a grand jury is such a problem for them, mainly because
[01:57:58.120 --> 01:58:01.860]  it's so hard to see the grand jury.
[01:58:01.860 --> 01:58:06.040]  So you can't just hand pick a grand jury.
[01:58:06.040 --> 01:58:10.200]  You got to sort through the people and figure out which ones you can actually get on the
[01:58:10.200 --> 01:58:11.200]  grand jury.
[01:58:11.200 --> 01:58:14.240]  And that's hard enough to try to stack them.
[01:58:14.240 --> 01:58:20.680]  And my experience with grand juries, every time I look at the minutes, there's always
[01:58:20.680 --> 01:58:22.840]  no bills in a minute.
[01:58:22.840 --> 01:58:28.000]  So the prosecutor gives them these to true bill and they don't true bill all of them.
[01:58:28.000 --> 01:58:29.400]  Every time they throw some out.
[01:58:29.400 --> 01:58:31.960]  So the grand juries are not in control.
[01:58:31.960 --> 01:58:32.960]  That's our tool.
[01:58:32.960 --> 01:58:33.960]  I am sorry.
[01:58:33.960 --> 01:58:35.160]  We are out of time.
[01:58:35.160 --> 01:58:37.160]  Thank you very much, Ms. Leslie.
[01:58:37.160 --> 01:58:39.080]  This is Randy Kelton with Love Radio.
[01:58:39.080 --> 01:58:41.000]  We'll be back next week.
[01:58:41.000 --> 01:58:50.720]  Thank you all for listening and good night.
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