ROL_2019-02-08_16k_Hr3-4.timecode

[00:00.000 --> 00:05.840]  The following news flash is brought to you by The Low Star Lowdown, providing you telly
[00:05.840 --> 00:13.520]  bulletins for the commodity market, today in history, news updates and the inside scoop
[00:13.520 --> 00:21.280]  into the tides of the alternative.
[00:21.280 --> 00:27.480]  Markets for Wednesday the 6th of February 2019 opened with gold at $1,313.70 an ounce,
[00:27.480 --> 00:35.520]  silver $15.77 an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, brand crude
[00:35.520 --> 00:43.400]  $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple
[00:43.400 --> 00:54.320]  XRP $0.29, Ethereum $10.10 and EOS is at $2.32 a crypto coin.
[00:54.320 --> 01:00.520]  In history, the year 1918, British women over the age of 30 who meet minimum property qualifications
[01:00.520 --> 01:06.000]  get the right to vote when the representation of the People Act of 1918 was passed by Parliament
[01:06.000 --> 01:09.600]  today in history.
[01:09.600 --> 01:14.240]  In recent news, several Texas-based organizations filed a lawsuit today requesting that a federal
[01:14.240 --> 01:19.000]  court stop the state from flagging about 95,000 people as potentially illegally registered
[01:19.000 --> 01:20.000]  to vote.
[01:20.000 --> 01:25.280]  This was compiled after an 11-month long investigation by the Office of the Texas Secretary of State
[01:25.280 --> 01:30.000]  and the Texas Department of Public Safety, which sought to identify non-U.S. citizens
[01:30.000 --> 01:33.400]  who were registered to vote when obtaining a garbage license.
[01:33.400 --> 01:37.080]  Over half of the 95,000 didn't devote, it seems.
[01:37.080 --> 01:41.120]  However, further controversy was raised when it became clear that some of the names were
[01:41.120 --> 01:45.280]  not in fact belonging to those who were non-citizens and registered.
[01:45.280 --> 01:50.840]  Apparently around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.080]  with proof of eligibility.
[01:57.080 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store's smoke and vape DZ has refused to comment.
[02:30.480 --> 02:35.240]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.240 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.480]  You can find the interview at kiiitv.com.
[02:51.480 --> 03:11.480]  This was Rick Rody with your lowdown for February 6th, 2019.
[03:11.480 --> 03:37.360]  Okay, we are back.
[03:37.360 --> 03:42.880]  Randy Kelton, Rue Law Radio, and we're having way too much fun on the break.
[03:42.880 --> 03:46.880]  My producer was talking about my mom, she had short-term memory loss.
[03:46.880 --> 03:53.400]  She has no cognitive deficiency, just she had a urinary infection and it caused short-term
[03:53.400 --> 03:54.400]  memory loss.
[03:54.400 --> 03:57.440]  Urinary infection is real bad about that.
[03:57.440 --> 03:59.680]  But he did mention one good point about it.
[03:59.680 --> 04:06.420]  Easter's coming up and with short-term memory loss, mom could hide her own Easter eggs.
[04:06.420 --> 04:16.820]  Oh well. It was a thought. Okay. Let's go back to Max. Okay. You had one more question.
[04:16.820 --> 04:21.740]  I'm glad that you're wanting to put together some groups that years ago when I first started
[04:21.740 --> 04:26.980]  there were a number of Patriot groups around. And if you can get a group of people together
[04:26.980 --> 04:32.460]  I would be willing to come down there and do a presentation to them.
[04:32.460 --> 04:40.340]  Yeah, look, look, look. If we don't stand together it is we the people, we Texans who
[04:40.340 --> 04:48.900]  are responsible for keeping our public service in check. And if we are asleep at the switch
[04:48.900 --> 04:55.140]  and we allow the ship to list then that is our fault.
[04:55.140 --> 05:03.260]  Well, the thing that's missing is a set of tools and that's what this product I'm trying
[05:03.260 --> 05:13.620]  to develop is about. If we get this done right and I am looking for all of the legal researchers.
[05:13.620 --> 05:18.980]  When I get this funded I've got a way to fund legal researchers, people who do good legal
[05:18.980 --> 05:29.420]  research. Lawyers live inside a lawyer box and lawyers only do what lawyers do. Prosays,
[05:29.420 --> 05:36.340]  they live in a different box so they do different things. So I want to take the things that
[05:36.340 --> 05:46.140]  prosays do, not the Patriot mythologists, but the ones who work with code. We go places
[05:46.140 --> 05:51.420]  the lawyer won't go. The lawyer is not going to give the judge a demand for financial
[05:51.420 --> 05:58.380]  disclosures. No, go ballistic on the lawyer, but what's the lawyer going to do when his
[05:58.380 --> 06:04.860]  client comes to him and hands them a whole stack of documentation and motions and meetings
[06:04.860 --> 06:13.100]  and say here, file these, you will argue each element of each motion you failed to properly
[06:13.100 --> 06:19.100]  argue, one of them I will bark review. And if you try to get them removed from the case,
[06:19.100 --> 06:22.580]  I'll object to it and when the judge removes you from the case, I'll sue the judge for
[06:22.580 --> 06:27.500]  interfering with the private contract. So let's dance. What are they going to do then?
[06:27.500 --> 06:37.060]  And then the main thing is the individual doesn't have to know the law. That's the big hurdle.
[06:37.060 --> 06:44.620]  And designing these documents so that you say to the court, I am a prosay, so I object
[06:44.620 --> 06:50.940]  to any oral argument. I demand that the court make its rulings on the pleadings. And if
[06:50.940 --> 06:58.540]  the court demands that you argue orally, you read the pleading. Do not try to bandy words
[06:58.540 --> 07:03.540]  with a professional lawyer out of your league. They're just trying to get you to say something
[07:03.540 --> 07:08.620]  they can use against you. If they want you to do an oral argument, read the document
[07:08.620 --> 07:17.220]  into the record and that's all. They have reversed the burden of proof and they're
[07:17.220 --> 07:28.820]  not allowed to do that. Period. Well, we got tools. We got tools that the system doesn't
[07:28.820 --> 07:37.180]  want you to know about. I've got Texas case law that says a judge has no discretion in
[07:37.180 --> 07:49.660]  properly applying the law to the facts of failure to do so is a abuse of discretion.
[07:49.660 --> 07:54.780]  An abuse of discretion that has the effect of denying a citizen in full free access
[07:54.780 --> 08:02.260]  to enjoyment, right? That's a class A misdemeanor in the state of Texas. Well, prosecutors and
[08:02.260 --> 08:09.460]  district attorneys are supposed to see that justice is done, not that conviction is secured.
[08:09.460 --> 08:16.180]  It is the primary duty of the prosecuting attorney not to secure conviction, but to ensure that
[08:16.180 --> 08:21.740]  justice is served. He shall not seek good evidence. The witnesses are evidence that
[08:21.740 --> 08:27.300]  may show the innocence they accused or mitigate the guilt of the accused. 2.01, code of crime
[08:27.300 --> 08:33.060]  procedure and they fail to do that. I'm going to sting them every time. Our tools will sting
[08:33.060 --> 08:36.660]  them every time. Randy, Randy, Randy, I've taken up too much
[08:36.660 --> 08:43.980]  of your time. You have other colors. I'm going to let you go. I appreciate talking to you
[08:43.980 --> 08:49.500]  and you've answered some great questions. I think that if we can work on this stuff with
[08:49.500 --> 08:58.780]  it, well, even just you alone can work on artificial intelligence and the electronic
[08:58.780 --> 09:04.900]  lawyer and combine the two, I think that we may have something going here.
[09:04.900 --> 09:14.980]  I've got three pros in AI. One's in Brussels, one's in St. Petersburg and one will be in
[09:14.980 --> 09:25.340]  Austria shortly. I've got a team coming together for that purpose, but I can do 99% of it
[09:25.340 --> 09:32.780]  without AI. I love the idea, but I got a job and I'm
[09:32.780 --> 09:40.620]  just going to live my life every day trying to make sure that I'm not being ran over by
[09:40.620 --> 09:48.580]  my public servant. Well, the guy for this in Austin, he's retired. He's got the money
[09:48.580 --> 09:56.300]  in the time. He can do this and we'll have enough. Right now, I need some funding to
[09:56.300 --> 10:07.660]  get the primary piece done. We're working on a piece with the Scrooge Exchange Commission.
[10:07.660 --> 10:12.580]  We have a strategy to get our overall funding and it's a little too long for me to go over
[10:12.580 --> 10:17.740]  on the air, but we're working on a strategy that should get us funded. I'm trying to get
[10:17.740 --> 10:27.100]  $100,000 to $250,000 to get us ready for a private sale that'll get us $15,000 to $45,000,000
[10:27.100 --> 10:30.780]  and that could all happen within three to five months.
[10:30.780 --> 10:39.700]  I demand you move on to the next call. Okay. Thank you. Okay. Now we're going to go to
[10:39.700 --> 10:48.980]  Leslie in Pennsylvania. Not really. Hello. Hey, I know you've been having a lot of fun
[10:48.980 --> 10:54.260]  with the courts. Oh, yeah. In September, we bought a house
[10:54.260 --> 11:01.140]  here in Yuma and it was in foreclosure and we tried to find out information about it
[11:01.140 --> 11:05.500]  was a 10-year loan and we figured it was almost paid off because it was 13 years ago they
[11:05.500 --> 11:10.540]  filed for a 10-year loan on the need of trust. So we figured it was almost paid off and we
[11:10.540 --> 11:17.380]  bought the property and went to the trustee of the need of trust and said, I need some
[11:17.380 --> 11:23.620]  documentation on this loan. This should have been paid off. I need all the files that you
[11:23.620 --> 11:27.620]  have. I need the accounting and everything. Well, they wouldn't do anything like that
[11:27.620 --> 11:35.900]  for me. And I had sent a notice of quiet title, a notice of quiet title, a complaint deed,
[11:35.900 --> 11:41.820]  and $5 to each of the trustees on the need of trust that were beneficiaries of the need
[11:41.820 --> 11:51.100]  of trust. And then 20 days later, I filed for preliminary injunction and I filed a lawsuit
[11:51.100 --> 11:59.900]  for quiet title and for failure for filing false documents under the deed on the public
[11:59.900 --> 12:05.060]  record and for failure to remove the false documents under the public record. The false
[12:05.060 --> 12:10.780]  documents was the notice of trustee sale because it was 13 years from the first time
[12:10.780 --> 12:17.660]  they tried to foreclose and never finished the job. So it was beyond the statute of limitation.
[12:17.660 --> 12:26.940]  Well, in the trial, the judge disagreed with me and they said that they had reinstated
[12:26.940 --> 12:32.500]  the loan but there was no evidence of that. They didn't give a shred like an agreement
[12:32.500 --> 12:39.220]  or a payment or a receipt that she had paid it. Nothing like that. No accounting documents,
[12:39.220 --> 12:47.180]  not a sitch. So, but they said that I didn't prove the statute of limitations had run and
[12:47.180 --> 12:52.540]  then they told the other attorney, who is the trustee for the need of trust, to make
[12:52.540 --> 12:58.820]  up an order for him to sign to get rid of the preliminary injunction. Well, he didn't
[12:58.820 --> 13:09.100]  do that until 30 days after the trial and the week after the trial he sold my house.
[13:09.100 --> 13:23.660]  Now he filed a motion to dismiss the damages portion of the trial and I filed motion for
[13:23.660 --> 13:32.500]  sanction for lying to everybody and I asked for my release of bond but he also got attorney's
[13:32.500 --> 13:40.580]  fee. The lawyer gave him attorney's fee but he gave him attorney's fee when he couldn't
[13:40.580 --> 13:46.700]  really by law give him to him because he asked for him under contract law and we were under
[13:46.700 --> 13:52.420]  quiet title law and under quiet title law he should have sent me a quick claim fee to
[13:52.420 --> 13:59.220]  sign and $5 and then he could have got his attorney's fee but he didn't do that. So,
[13:59.220 --> 14:08.980]  now I've got a motion for relief from the order for me to pay his attorney's fee plus
[14:08.980 --> 14:16.780]  I got a motion for new trial plus they sent me a notice, believe it or not, there still
[14:16.780 --> 14:25.780]  is not an order in this case, not a one and he wants me to take off my list of my property
[14:25.780 --> 14:35.180]  because now they can't sell it. They took back the house at the trustee's sale because
[14:35.180 --> 14:39.220]  nobody did on it and the reason nobody did on it was because there's a list of conditions
[14:39.220 --> 14:43.140]  on it and now they're kind of ticked at me for having a list of conditions on there but
[14:43.140 --> 14:47.580]  there's still no order from the court telling me it's been adjudicated that I can appeal
[14:47.580 --> 14:51.420]  it. Do you know what I mean?
[14:51.420 --> 14:56.780]  So, you should have a... So, what are you going to do to the lawyer for selling the
[14:56.780 --> 14:57.780]  property?
[14:57.780 --> 15:05.420]  I'm going to make him the defendant in the case because he was the one that actually
[15:05.420 --> 15:11.540]  filed a fraudulent document and he was the one that refused to remove it. So, I might
[15:11.540 --> 15:16.260]  just dismiss the other defendant and have him as the sole defendant and it's better
[15:16.260 --> 15:23.100]  that way too because you know what, I can go after his insurance, after him personally
[15:23.100 --> 15:26.580]  and he has to come up with a money.
[15:26.580 --> 15:33.620]  And his problem with his errors in emissions policy is the insurance company, if they see
[15:33.620 --> 15:40.380]  that this is not a viable case for them, they can deal out without the attorney having anything
[15:40.380 --> 15:42.380]  to say about it.
[15:42.380 --> 15:51.620]  Exactly. In addition to that, I have filed a, what do you call it, a bar complaint against
[15:51.620 --> 15:58.900]  him for selling my house without a signed order allowing him to do so and we got the
[15:58.900 --> 16:04.100]  evidence two days ago. When I talked to you, we had just received the evidence and we're
[16:04.100 --> 16:12.780]  running out the door to my lawyer's house at night because this was so important. We
[16:12.780 --> 16:19.340]  got the entire collateral file, the entire one and they told me it wasn't available,
[16:19.340 --> 16:26.660]  it didn't exist. And I asked, I sent a subpoena to the servicing company and they said, you
[16:26.660 --> 16:36.220]  know, we don't have this in our database that you can go back and see the account before
[16:36.220 --> 16:43.820]  2007 but we do have documents. You know, I got all the late notices, I got all the letters
[16:43.820 --> 16:50.980]  from the lender that said I want to foreclose back in 2013 and 2007. You know, they tried
[16:50.980 --> 16:57.580]  to say she was current all the way up to 2017. And, you know, like she reinstated the loan
[16:57.580 --> 17:01.620]  and behaved herself and all the other kinds of stuff that was.
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[19:11.100 --> 19:19.100]  Well, don't let them get to you. Only the father can deliver you. Don't let backmine people
[19:19.100 --> 19:26.100]  hurt you until they get behind you.
[19:26.100 --> 19:32.740]  Okay, we are back. Randy Kelton, rule of law radio and we're talking to Leslie in
[19:32.740 --> 19:38.380]  Arizona and Leslie is working them over. Okay, go ahead, Leslie.
[19:38.380 --> 19:48.100]  Okay. When we received the collateral file, it was 189 pages and it had all of the correspondence
[19:48.100 --> 19:55.180]  and notices and all of the documentation in there. So when they tried to say that she
[19:55.180 --> 20:01.740]  reinstated the loan and paid everything under, required under this specific statute in Arizona
[20:01.740 --> 20:08.500]  that would reinstate it as though there was never any default that would cancel acceleration
[20:08.500 --> 20:21.500]  of the loan in reliance like a rug and we're filing that notice of trustee sale. The damages
[20:21.500 --> 20:30.220]  that we're asking for is $270,000 for the client title for stealing my house, that's
[20:30.220 --> 20:40.700]  another $90,000 and for refusing to remove the notice of trustee sale because it was
[20:40.700 --> 20:51.420]  filed beyond the statute of limitation, it's $270,000. So that's a total of $630,000.
[20:51.420 --> 20:59.140]  Not shabby. And do you have any sculpatory, not sculpatory,
[20:59.140 --> 21:06.420]  punitive damages in there? Oh, no. No, no, no. That's that. The trouble damages
[21:06.420 --> 21:12.500]  under each count, which is two different counts of triple damages, is punitive damages and
[21:12.500 --> 21:20.820]  the partial damages is $90,000. We've also filed sanctions against the attorney for selling
[21:20.820 --> 21:28.940]  the house and for lying to the court and, yeah, so we're keeping him pretty busy. He's
[21:28.940 --> 21:33.580]  going to, he never saw me and when he finds out he's going to be the defendant, I ain't
[21:33.580 --> 21:39.740]  going to sue your life. Then he doesn't get attorney fees because
[21:39.740 --> 21:45.860]  he's the defendant. Yes, not only that, not only that, but we've
[21:45.860 --> 21:56.260]  been looking at the law and I read that the trustee is a mutual agent for both the lender
[21:56.260 --> 22:03.580]  and the borrower. It cannot be, it has to be impartial. So how is it that he's attorney
[22:03.580 --> 22:10.780]  for the defendant? But say that last part again.
[22:10.780 --> 22:16.100]  In Arizona, the trustee of the deed of trust has to be an impartial party who is agent
[22:16.100 --> 22:23.300]  for both parties, both the lender and the borrower. So how is it that he's impartial
[22:23.300 --> 22:34.220]  but he's attorney for the defendant who is the lender? That's conflict of interest.
[22:34.220 --> 22:42.540]  It can't be impartial. Who's the trustee's attorney was the defendant?
[22:42.540 --> 22:50.300]  The defendant's trustee. The defendant's trustee of the deed of trust is the attorney for the
[22:50.300 --> 22:51.820]  defendant. Oh.
[22:51.820 --> 23:00.540]  I need the one that sold my house. That does, or does the trustee have a duty
[23:00.540 --> 23:09.420]  to protect the party from adverse actions? Is there a way they can do this?
[23:09.420 --> 23:18.860]  Yeah, he has a duty for fairness because he's an agent for both parties. If he becomes
[23:18.860 --> 23:26.700]  the attorney for one of the parties, then he's no longer his bridge that to do the trustee.
[23:26.700 --> 23:33.900]  Exactly. So that's something else when I add him as a defendant. I'm going to bring
[23:33.900 --> 23:39.340]  it before the court because, you know, I'm not going to make him dance the jig because
[23:39.340 --> 23:46.700]  after I get done with this case, guess what? I'm going to defend because he has violated
[23:46.700 --> 23:54.820]  as trustee the FECPA and now he sold my house because he didn't perform under the FECPA.
[23:54.820 --> 24:04.380]  So my damages is $92,000 in the Fed, on top of the other stuff that I got.
[24:04.380 --> 24:11.940]  What did all of these records tell you? Did they establish that in default at an earlier
[24:11.940 --> 24:14.300]  age than these guys are claiming?
[24:14.300 --> 24:25.380]  Oh yeah, it was in default within three months. Within three months, within three months,
[24:25.380 --> 24:33.020]  this was for every make notice that she had gotten, every shortage of escrow that she had.
[24:33.020 --> 24:38.140]  Within three months of her quote, bringing the account current and paying all the back
[24:38.140 --> 24:51.460]  stuff, they said she was, she were in her escrow account over $353. Ask me how that's
[24:51.460 --> 24:55.020]  possible within three months.
[24:55.020 --> 24:59.460]  Wait a minute. I'm not understanding. I've missed something.
[24:59.460 --> 25:07.300]  They have an escrow account. So she brought it current. She brought it completely current
[25:07.300 --> 25:12.620]  in January, the beginning of January. And they're saying that she paid everything that
[25:12.620 --> 25:21.860]  the law required, which she didn't, but that's what they're claiming. But by March 3rd, she
[25:21.860 --> 25:30.620]  got notice that she was behind in her escrow by $353. They needed that much money immediately
[25:30.620 --> 25:33.540]  to pay her fire insurance.
[25:33.540 --> 25:44.860]  Well, can they lender, forgive portions of debt that are owed and bring her current that
[25:44.860 --> 25:45.860]  way?
[25:45.860 --> 25:51.820]  They didn't do that because there was the worksheet in there and they charged her for
[25:51.820 --> 25:58.540]  four months that she was in back. They charged her an additional $900 interest and late fees.
[25:58.540 --> 26:03.980]  But that's all they charged her. They didn't charge her the other $3,000 or $4,000 that
[26:03.980 --> 26:10.500]  it would have normally cost her to reinstate her loan under the law.
[26:10.500 --> 26:14.340]  Can they waive that and reinstate the loan?
[26:14.340 --> 26:19.220]  Yeah, but there was no waiver in the servicing file.
[26:19.220 --> 26:21.780]  So there's no evidence that they actually did that?
[26:21.780 --> 26:22.780]  No.
[26:22.780 --> 26:30.100]  So they're claiming to the court that she's up to date, but they kept this $3,000 debt
[26:30.100 --> 26:36.220]  in reserve that in order for her to be up to date, they would have had to waive all
[26:36.220 --> 26:37.220]  this.
[26:37.220 --> 26:38.220]  Yes.
[26:38.220 --> 26:41.580]  But they're keeping it in reserve in case something goes wrong here. They can use this
[26:41.580 --> 26:42.580]  as leverage later.
[26:42.580 --> 26:50.260]  Actually, they could have foreclosed her on her in March with just filing a suit because
[26:50.260 --> 26:55.780]  she ditched it over to hide that other thing. And they said she brought a current, but she
[26:55.780 --> 27:01.660]  actually didn't because the statute of limitations continued to run because it wasn't stopped
[27:01.660 --> 27:07.620]  by the law, which they keep wording because it wasn't stopped. They had six years they
[27:07.620 --> 27:18.660]  could have filed without her having any more than the late payment for any reason whatsoever
[27:18.660 --> 27:27.020]  but she was still on default technically because of the other fees that she didn't pay.
[27:27.020 --> 27:32.460]  And these documents, these new documents you have will support that. So you've already
[27:32.460 --> 27:38.660]  got a ruling in the case. Can you move for reconsideration based on new evidence?
[27:38.660 --> 27:44.700]  I can move for a new trial based on new evidence.
[27:44.700 --> 27:47.380]  Have you hammered the judge pretty good?
[27:47.380 --> 27:56.060]  No. I asked him for a motion to reconsider and in the alternative a new trial, but he
[27:56.060 --> 28:02.140]  already denied that in January. But this was two days ago, I got this new evidence.
[28:02.140 --> 28:04.740]  So I can do that again based on the new evidence.
[28:04.740 --> 28:10.500]  Okay. In the appeal, can you address the new evidence in the appeal?
[28:10.500 --> 28:15.060]  I don't know. I can't even appeal because he's never signed an order yet.
[28:15.060 --> 28:21.580]  Well, you can file a petition for real mandamus asking the appellate court to order the judge
[28:21.580 --> 28:29.300]  to sign the order because he's denying you your right to appeal. And as for restraining
[28:29.300 --> 28:33.260]  the order, it's the bank. Go ahead.
[28:33.260 --> 28:40.300]  You know what? This gives me time because with this information, we found out another
[28:40.300 --> 28:48.660]  office that was involved in the physical, what would you call it? There's part of the
[28:48.660 --> 28:52.700]  servicer and then when it goes into foreclosure, it's a different department which is in a
[28:52.700 --> 28:56.300]  different office. We got the numbers for that. We're going to call them Monday.
[28:56.300 --> 28:57.300]  Oh, good.
[28:57.300 --> 29:02.300]  So this gives me time to get. This gives me time to get more evidence together.
[29:02.300 --> 29:09.180]  Yeah. As I understand about on the appeal, if you have evidence that came to light after
[29:09.180 --> 29:14.260]  the trial, especially if it's evidence you've requested already and the other side claimed
[29:14.260 --> 29:18.380]  they didn't have it, and you discovered it afterward, I think you can bring that into
[29:18.380 --> 29:22.620]  your appeal. And you'll get a better ruling in the appellate court than you will in the
[29:22.620 --> 29:26.740]  trial court because your appeals court is not generally bought and paid for the way the
[29:26.740 --> 29:27.740]  trial judge is.
[29:27.740 --> 29:39.140]  Well, not only that, but the court of appeal here, they had a ruling last year in a case
[29:39.140 --> 29:42.140]  that's very similar to mine, where someone else has won that out.
[29:42.140 --> 29:46.900]  Okay, okay. Hang on, hang on. Back to go to break. We'll pick this up on the other side.
[29:46.900 --> 29:55.900]  Randy Kelton, rule of law radio, we'll be right back.
[29:55.900 --> 30:08.380]  PowerPoint is crept into our lives and reached the level of near obsession in corporate America.
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[31:08.380 --> 31:13.460]  having to actually write a thoughtful speech or convey a persuasive argument. Too often,
[31:13.460 --> 31:18.500]  instead of analysis, we get mind-numbing bullet points. The key is never to put your
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[31:24.100 --> 31:31.380]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[31:47.260 --> 31:52.100]  7, over 1,200 architects and engineers has looked into the evidence and believed there
[31:52.100 --> 31:58.780]  is more to the story. Bring justice to my son. My uncle. My nephew. My son. Go to buildingwatt.org.
[31:58.780 --> 32:01.460]  Why it fell, why it matters, and what you can do.
[32:01.460 --> 32:05.060]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or
[32:05.060 --> 32:08.860]  wind damage from the recent storms? Come on, we all know the government caused it with
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[32:16.860 --> 32:21.820]  Country Home Improvements can handle the claim for you with little to no out-of-pocket expense.
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[32:39.380 --> 32:44.380]  the crypto show and get $100 off, and we'll donate another $100 to the Logos Radio Network
[32:44.380 --> 32:49.380]  to help continue this programming. So if those out-of-town roofers come knocking, your door
[32:49.380 --> 32:57.660]  should be locked in. That's 512-992-8745 or hillcountryhomeimprovements.com. Discounts
[32:57.660 --> 33:27.140]  are based on full roof replacement. I mean, I actually be kidding about chemtrails.
[33:27.140 --> 33:38.540]  But anyway, this other lawsuit that went to the Court of Appeals said that because there
[33:38.540 --> 33:47.660]  was a notice that cancels the acceleration of the mortgage and reinstated the loan as
[33:47.660 --> 33:55.380]  no default had occurred, that it was noticed to third parties investigating title, and
[33:55.380 --> 34:00.900]  that, you know, that meant that the statute of limitations had not occurred because those
[34:00.900 --> 34:08.940]  notices were on there. Well, on this, in our case, in my case, the notice of cancellation
[34:08.940 --> 34:16.100]  of trustee sale was made as a J-Bird and had no other clauses on it. So that's when
[34:16.100 --> 34:22.260]  he came up with this other attorney, came up with the idea that it was canceled because
[34:22.260 --> 34:31.100]  it was reinstated under A13B, you know, 33A13B, and but that requires a bunch of other things
[34:31.100 --> 34:39.140]  to be paid which were never paid. So if we can get it at the appeals court to rule on
[34:39.140 --> 34:46.980]  this case based on the clauses not being on there, there's a lot of work that I can do
[34:46.980 --> 34:54.580]  here in Arizona that you could pick up a property that's going on the market that was foreclosed
[34:54.580 --> 35:00.900]  ten years ago that they never completed the foreclosure that you could say, you're beyond
[35:00.900 --> 35:02.700]  the statute of limitations.
[35:02.700 --> 35:11.300]  Okay, this sounds like fun and keep us up to speed. I do have to move along. We've got
[35:11.300 --> 35:17.940]  a whole bunch of callers. Okay. Okay, thank you and keep us up to speed. You're on the
[35:17.940 --> 35:22.300]  call bridge. I mean, you're on the guest bridge. So just hang in there. Listen, we might want
[35:22.300 --> 35:27.660]  to bring you in. Yeah, I'm talking to whoever is just getting together. Okay. Okay, now
[35:27.660 --> 35:35.940]  we're going to go to Neil in Pennsylvania. Hello, Neil. Hello. Hello. What do you have
[35:35.940 --> 35:46.540]  for us today? Hi. I had a question. I got a Civil Action Complaint in Repleasant and
[35:46.540 --> 35:53.380]  it was filed with the office of Prothonitary Bureau, T-H-O-N-O-T-A-R-Y.
[35:53.380 --> 35:59.100]  Yes, I always liked that name. In every other state, this is essentially called the county
[35:59.100 --> 36:08.780]  court. But in Pennsylvania, they're called the Prothonitary. Okay. I was wondering, I
[36:08.780 --> 36:19.820]  just, they say I owe this money and it's already in the court. So how would I like file a,
[36:19.820 --> 36:26.260]  can I even file a validation of debt letter to find out like... No, not with a court.
[36:26.260 --> 36:34.700]  A court is not subject to the consumer protection laws. The court is claiming you own all money
[36:34.700 --> 36:43.340]  that they already have. Okay. Am I getting this right? Say that one more time, I'm sorry.
[36:43.340 --> 36:51.660]  No, explain how the, explain this again. I apparently missed something. I have a trailer
[36:51.660 --> 37:01.660]  and there was some months missed on the payment. So the mortgage company brought the full balance
[37:01.660 --> 37:13.300]  up and put it in the court, sued me for it. Okay. They sued you for foreclosure? It just
[37:13.300 --> 37:20.620]  said Civil Action Complaint in Repleasant. I didn't see foreclosure on the court order.
[37:20.620 --> 37:29.460]  Well, it is what it is. You had a mortgage on this trailer. Yeah. And they're claiming
[37:29.460 --> 37:37.380]  you're behind and they're calling the law. Yeah, they're calling the law. Okay. That's
[37:37.380 --> 37:47.060]  a foreclosure. Leslie, are you familiar, are trailers treated differently than other types
[37:47.060 --> 37:55.180]  of homes in Pennsylvania? It depends. If the trailer is not on private property and part
[37:55.180 --> 38:04.300]  of the property, then it's treated as an automobile. So... And if he got it ready to be pleavened,
[38:04.300 --> 38:11.580]  that means that they foreclosed, but they're treating it like a repossession of a car.
[38:11.580 --> 38:22.180]  Neil, is your trailer permanently fixed? Does it have wheels on it? No, it's not permanently
[38:22.180 --> 38:29.820]  fixed. It's in a mobile home park. Yeah. Oh, okay. So they're treating it like a vehicle.
[38:29.820 --> 38:39.060]  Yeah, like we pull in a car or they're just calling the law. All right. Am I able to just
[38:39.060 --> 38:48.100]  pay the full balance off and everything? Oh, yeah, always. You need to request from
[38:48.100 --> 38:59.580]  the lender a payoff amount and then they have to accept, I'm trying to think of the right
[38:59.580 --> 39:07.620]  term, but they have to accept payment if you offer it. Offer to cure. You need to send
[39:07.620 --> 39:25.580]  them an offer to cure and request a cure amount. And offer to cure. Okay. And I had two more
[39:25.580 --> 39:34.340]  questions. They said that they would charge me $4.08 or something like that a day for
[39:34.340 --> 39:42.220]  their attorney fees. Is that? That's chunk change. I don't know if they can charge it
[39:42.220 --> 39:51.540]  or not, but $4 a day for attorney fees. That's not very much. Yeah, that's what I'm thinking.
[39:51.540 --> 39:56.580]  I'm thinking I wrote that down wrong or something because I have notes here so I can do it
[39:56.580 --> 40:01.420]  real quick with you. But I didn't know if they were allowed to do that. And then I called
[40:01.420 --> 40:09.260]  the County Bar Association for an attorney and they referred me to State Bar and they
[40:09.260 --> 40:18.860]  said they didn't have any attorneys to help me out without public defender almost. Are
[40:18.860 --> 40:30.500]  you not obligated? Since this is a civil issue, they tend not to have public defenders, but
[40:30.500 --> 40:39.220]  you can ask the court if there are any law firms who would represent you pro bono. All
[40:39.220 --> 40:47.140]  law firms are required to provide pro bono help. And pro bono means doing it without
[40:47.140 --> 40:55.820]  being paid. What county are you in? Say that again, Liz. What county? What county? I come
[40:55.820 --> 41:06.660]  from the Wink County. Oh, that's out in the west? Uh, that's South Central. Yeah, okay.
[41:06.660 --> 41:14.220]  Okay. I don't know anybody in that area. Ask the court if they have any attorneys who would
[41:14.220 --> 41:20.380]  represent you pro bono. They do have a legal aid society there that's supposed to be able
[41:20.380 --> 41:28.740]  to assign you to somebody. They should have sent you that with the paperwork. That's required.
[41:28.740 --> 41:35.780]  They did, but in the number for the county bar association, I called them and they said
[41:35.780 --> 41:40.820]  that they can't help me, so they sent me to the Pennsylvania State Bar Association and
[41:40.820 --> 41:46.420]  they said they don't have anyone yet in Cumberland County, but Cumberland County's been here
[41:46.420 --> 41:52.740]  forever. So is there another phone number on there besides the bar association? It should
[41:52.740 --> 42:02.900]  say the legal aid society specifically. Your tax is paid for that. I don't have the paperwork
[42:02.900 --> 42:10.300]  here, but I didn't see anything about that in the paperwork. I'm going on and do a search
[42:10.300 --> 42:18.620]  for legal aid. Legal aid society. Okay, so just to get this right, I can't send a validation
[42:18.620 --> 42:24.300]  to the debt letter at this point in time. No, it's, oh yeah, you can. Okay, I thought
[42:24.300 --> 42:29.660]  your issue was with the clerk. It's not. It's with a lender. Yes, the lender you can
[42:29.660 --> 42:34.780]  send a validation dispute letter. Okay, do I have to send a copy to the court then so
[42:34.780 --> 42:40.580]  they know it's under... No, no, it has nothing to do with the court. Only if they don't respond
[42:40.580 --> 42:45.860]  to actually send a qualified written request is what you send to them. Qualified written
[42:45.860 --> 42:53.620]  request. All right, and then does that stop court processes until they return that letter?
[42:53.620 --> 43:03.660]  No, it does not statutorily stop them, but when you file that with them, they will almost
[43:03.660 --> 43:14.060]  certainly stop. 90% of these, there's no opposition. You send them a validation, a qualified written
[43:14.060 --> 43:18.980]  request and you're telling them you're going to fight this issue. So they will generally
[43:18.980 --> 43:26.420]  stop. They don't want to foreclose, take your property, and then lose in court because that
[43:26.420 --> 43:31.900]  dramatically increases their level of risk. So when you challenge them, they generally
[43:31.900 --> 43:38.860]  stop in their tracks. If they don't... Also, Randy, you should also, if you can't find
[43:38.860 --> 43:44.820]  that legalized society, we should call the bar association back and say, look, your
[43:44.820 --> 43:51.260]  number was on this document that you would help me. So, you know, why is there a state
[43:51.260 --> 43:56.660]  law that you have to help me and you're not helping me? Okay. You know what I mean? Wait,
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[45:55.500 --> 46:23.780]  on the banner or call toll-free 866-LAW-EZ.
[46:23.780 --> 46:31.380]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to Neil in Pennsylvania.
[46:31.380 --> 46:42.300]  Okay, Neil, have we answered your questions? Yeah, if I send a validation of debt, is that
[46:42.300 --> 46:52.500]  like I either do one or they offer to cure, or can I do both? You can do both. Okay. And
[46:52.500 --> 47:01.660]  I have 20 days to respond to the court, so do I have to notify them I did this, or? No,
[47:01.660 --> 47:12.100]  you need to file an answer denying all claims by plaintiff, and just whatever argument you
[47:12.100 --> 47:18.340]  can do, but primarily you can do a general denial of all claims by plaintiff. Whatever
[47:18.340 --> 47:26.860]  you do, make sure you make the deadline. Even if you file garbage, file garbage before the
[47:26.860 --> 47:35.460]  deadline, okay, who had a case, one of my first foreclosure cases, one of a co-host came
[47:35.460 --> 47:42.900]  to me and said that I need a lawsuit. I got to go to court in two days on a eviction
[47:42.900 --> 47:47.420]  hearing, and I said, I don't have my suit ready yet. I'm still researching. He said,
[47:47.420 --> 47:51.020]  I don't have time for you to do research. So I went on the internet, pulled out a bunch
[47:51.020 --> 47:58.460]  of junk, stuck it together and filed an answer. The court got it, and the other side responded
[47:58.460 --> 48:04.100]  and said, Your Honor, this response is a piece of garbage. And the court looked at it, and
[48:04.100 --> 48:10.300]  it took 60 days, and the court said, Yeah, you're right, it is a piece of garbage. Fix
[48:10.300 --> 48:19.180]  it. So he filed an amended and they call that one garbage. Fix it. The third time it stuck,
[48:19.180 --> 48:26.020]  he stayed in court with him for seven years. Trick is, never miss the deadline. If you
[48:26.020 --> 48:32.380]  don't have everything ready, file it like it is not ready. Because you make the deadline,
[48:32.380 --> 48:37.780]  you can always file an amended. And you can generally file an amended before the other
[48:37.780 --> 48:42.540]  side has a chance to respond to it. And it doesn't cost you anything because the other
[48:42.540 --> 48:48.020]  side hasn't been harmed by it since they haven't had to address it yet. But anyway, make sure
[48:48.020 --> 48:58.060]  you get something in and just go on the internet to look for cases similar to yours, a motor
[48:58.060 --> 49:03.680]  home. Since it's not tied down, call it a motor home, you'll find cases on repossession
[49:03.680 --> 49:09.300]  motor homes, find a few cases, read through them. One or two cases of pretty well tell
[49:09.300 --> 49:13.540]  you all you need to know on how to deal with these.
[49:13.540 --> 49:24.220]  Okay. All right. So file both validation debt and an offer to cure and file a response
[49:24.220 --> 49:25.420]  with the court.
[49:25.420 --> 49:28.500]  Yes. And you should be good.
[49:28.500 --> 49:30.700]  Thank you so much. I appreciate your time.
[49:30.700 --> 49:37.340]  All righty. Thank you, Neil. Now we're going to Livia in North Carolina. Hello, Livia.
[49:37.340 --> 49:39.700]  Let's see if I've got you. Okay.
[49:39.700 --> 49:42.140]  Hi, Randy. How are you?
[49:42.140 --> 49:43.140]  I am good.
[49:43.140 --> 49:44.140]  I'm good today.
[49:44.140 --> 49:47.140]  It's a busy night for you.
[49:47.140 --> 49:51.340]  Okay. How is your fence issue going?
[49:51.340 --> 49:58.020]  So, and really, I'm calling with the prestige and have a few questions. I saw the motion
[49:58.020 --> 50:03.580]  for summary judgment. The opposing party followed an opposition to summary judgment
[50:03.580 --> 50:09.580]  and I just got a letter that they are filing their motion for summary judgment. So how
[50:09.580 --> 50:15.420]  do you, in the opposition to summary judgment, they had some half-truths in there where,
[50:15.420 --> 50:21.260]  you know, they say that we have conversations about the fence and I didn't object. I could
[50:21.260 --> 50:25.340]  have objected. I don't remember having those conversations, but they are saying we discussed,
[50:25.340 --> 50:30.940]  you know, wooden fence fence, chaining fence, and all here say, right?
[50:30.940 --> 50:39.500]  Right. Oh, it doesn't matter. Did they show that the discussions they claimed that you
[50:39.500 --> 50:50.180]  had were dispositive in that a verbal discussion between the two of you somehow was binding
[50:50.180 --> 50:52.180]  on the issue?
[50:52.180 --> 50:59.580]  No. We had a verbal discussion about another argument which was adverse possession, which
[50:59.580 --> 51:03.860]  I didn't bring up in your, you know, maybe I should, because it's just that I want sidetracked
[51:03.860 --> 51:11.220]  too much. And we talked about that, and I don't remember the fence even coming up, but
[51:11.220 --> 51:15.420]  they are saying that's what, that's when the discussion took place. So most of the communication
[51:15.420 --> 51:21.380]  was that person via email. There was one meeting. I think maybe two meetings I had with them.
[51:21.380 --> 51:27.260]  That's it. But everything was via email. And there's no record that we ever discussed
[51:27.260 --> 51:32.180]  the fence, so what type of fence he's putting in. There was no record of it on paper. He
[51:32.180 --> 51:35.700]  never asked for permission or consent or anything like that.
[51:35.700 --> 51:46.300]  Do you, can you make an agreement with your neighbor to install a fence that is not in
[51:46.300 --> 51:57.140]  compliance with the local covenants? Do you have the power to waive the local covenants?
[51:57.140 --> 52:04.420]  In the covenants it says that after 30 years you can do amendments with 75% approval by
[52:04.420 --> 52:09.980]  the other party, but he doesn't say anything about me having the right to do so. Actually,
[52:09.980 --> 52:15.020]  what he does say that anybody, any neighbor of any last could enforce anything.
[52:15.020 --> 52:22.180]  Okay, that was where I was getting to. He's implying that a conversation between you and
[52:22.180 --> 52:29.940]  your neighbor where you apparently made some agreement with him to violate the covenants
[52:29.940 --> 52:42.460]  of the organization somehow gives you the, you somehow have the power to waive that covenant.
[52:42.460 --> 52:48.460]  So he's bringing up that issue should get the objection relevant. What if we did?
[52:48.460 --> 52:53.620]  Mr. Grandy, I didn't think about that. It's the way you put it. It's amazing. So I called
[52:53.620 --> 52:59.820]  you. You always give it that extra, really deep, you know, turn and just perspective.
[52:59.820 --> 53:06.980]  Okay. This is how I do that. Every time somebody tells me something in the back of my mind,
[53:06.980 --> 53:14.700]  I'm thinking, so what? What's that have to do with anything? And if I can't find a way
[53:14.700 --> 53:20.380]  to make that have something to do with anything, then I ask these questions. So anytime they
[53:20.380 --> 53:30.620]  make an assertion, your first question is, so what? What's that have to do with anything?
[53:30.620 --> 53:38.620]  Show me how that is somehow compelling in law. If you can, it's just blah, blah, blah.
[53:38.620 --> 53:41.940]  Okay. That makes sense.
[53:41.940 --> 53:50.620]  Yeah, it does. And does it? How do you then, if they do lie about things, how do you, like,
[53:50.620 --> 53:55.540]  how do you dismiss it through emotion or what do you say?
[53:55.540 --> 54:04.620]  Rejection relevance. It's irrelevant whether or not we had the conversation that the lawyer
[54:04.620 --> 54:16.740]  asserts because it has no bearing on the case. You're claiming a violation of a title restriction
[54:16.740 --> 54:24.860]  and a conversation between your neighbor has no relevance to the title restriction. Just
[54:24.860 --> 54:32.860]  object to it or it's irrelevant. A thing is getting tangled. Object to it is being irrelevant.
[54:32.860 --> 54:40.660]  Okay. And it's all the interrogatories they ask me, when did you first object? You know,
[54:40.660 --> 54:45.860]  when did you object? And so I can just say, the emails I did object and asked them to
[54:45.860 --> 54:51.980]  take it down before I, you know, father sued, but I can just best understand and wait until
[54:51.980 --> 54:58.180]  we get to the hearing and then I can use this wonderful paragraph he just gave me that I
[54:58.180 --> 55:03.740]  don't have the power, right, to make that call that he can violate.
[55:03.740 --> 55:11.300]  Yeah, because you've got a neighbor across the street who is also affected by this fence.
[55:11.300 --> 55:21.140]  So you can't waive that neighbor's right to have the title restrictions upheld. That should
[55:21.140 --> 55:27.740]  maybe be easy. Judge, you get that. What the lawyer will try to do is get you to argue
[55:27.740 --> 55:35.220]  irrelevant issues. You could fight that issue all day long and the lawyer wouldn't care
[55:35.220 --> 55:40.180]  because it has nothing to do with the case and won't help you if he can distract you
[55:40.180 --> 55:45.220]  on the things that don't matter. He keeps you from going after the things that do matter.
[55:45.220 --> 55:51.540]  The only thing that matters is your next door neighbor's fence is in violation of the title
[55:51.540 --> 55:52.540]  restriction.
[55:52.540 --> 56:02.820]  Perfect. Okay, that's exactly what I needed. So same thing with the denial of the motion.
[56:02.820 --> 56:07.500]  Do I have to do anything? I have a call. They scheduled, it hasn't been affirmed, but you
[56:07.500 --> 56:15.460]  know, they're asking for the court to rule in their denial of the motion to mine. I guess
[56:15.460 --> 56:17.460]  it's a normal procedure, right? That's just nothing.
[56:17.460 --> 56:18.460]  Yes, it's standard.
[56:18.460 --> 56:27.500]  I don't have to check. Okay, that's just standard. Okay. All right. One more thing. If I want
[56:27.500 --> 56:33.220]  to do a depose us, right, and do a deposition, I thought it would be unfair because I don't
[56:33.220 --> 56:38.620]  relate. I wouldn't want to depose the neighbors. Do I mean in person? I could object and say
[56:38.620 --> 56:48.740]  it would not be fair because I wouldn't have the same court of state, same option or same
[56:48.740 --> 56:49.740]  choice.
[56:49.740 --> 57:02.660]  Well, okay. When they ask you questions, ask yourself, now, is this relevant? You're
[57:02.660 --> 57:11.300]  not, these guys are clearly in violation of the cover of the title restriction. The only
[57:11.300 --> 57:19.940]  questions that are relevant are the ones that go to title restriction. Did you have a conversation?
[57:19.940 --> 57:28.420]  Objection relevance. And what they will do is in the, if they do a deposition, you object
[57:28.420 --> 57:36.740]  to everything. Don't worry, if the lawyer raises his voice or gets any way, does anything
[57:36.740 --> 57:45.780]  that's not civil, you stand up and walk out. You are not there to be abused by a lawyer.
[57:45.780 --> 57:53.820]  This is a civil case. And they are to conduct themselves with civility. When they stop conducting
[57:53.820 --> 58:01.020]  themselves with civility, the interview ceases. And then you file a bar grievance against
[58:01.020 --> 58:05.140]  the lawyer. But if you get a lawyer that's smart and you conducts himself well, and a
[58:05.140 --> 58:16.620]  lot of times they do, you just object to everything. Unless it doesn't matter. You don't want to
[58:16.620 --> 58:22.180]  be too objectionable, but anything like, did you have a conversation with this other person
[58:22.180 --> 58:29.380]  about defense objection? It's irrelevant. He can ask that question of his own client.
[58:29.380 --> 58:34.300]  His own client can tell him that. You don't have to respond. You don't have to produce
[58:34.300 --> 58:42.060]  anything that the lawyer has equal access to. So if he starts asking questions about things
[58:42.060 --> 58:47.460]  that he could find out himself, you object to it. Essentially, you object to everything.
[58:47.460 --> 58:54.460]  It's public record. Would you like to make more definite progress in your walk with God?
[58:54.460 --> 58:59.660]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.660 --> 59:04.380]  can really help. The New Testament recovery version is one of the most comprehensive study
[59:04.380 --> 59:09.820]  Bibles available today. It's an accurate translation and it contains thousands of footnotes that
[59:09.820 --> 59:15.140]  will help you to know God and to know the meaning of life. The free books are a three-volume
[59:15.140 --> 59:20.460]  set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of
[59:20.460 --> 59:26.040]  the Christian Life clearly presents God's plan of salvation, growing in Christ and how
[59:26.040 --> 59:32.260]  to build up the church. To order your free New Testament recovery version and Basic Elements
[59:32.260 --> 59:45.060]  of the Christian Life, call Bibles for America toll-free at 888-551-0102. That's 888-551-0102.
[59:45.060 --> 59:52.060]  Or visit us online at bfa.org.
[01:00:15.060 --> 01:00:29.060]  Markets for Wednesday the 6th of February, 2019. Open with gold at $1,313.70 an ounce.
[01:00:29.060 --> 01:00:35.060]  Silver, $15.77 an ounce. Comfort, $2.83 an ounce. Oil, Texas Crude, $3.66 a barrel.
[01:00:35.060 --> 01:00:41.060]  Brand Crude, $61.98 a barrel. And cryptos in order of market capitalization. Bitcoin,
[01:00:41.060 --> 01:00:51.060]  $101.64. Ripple, XRP, $0.29. Ethereum, $103.10 and EOS is at $2.32 of crypto coin.
[01:00:51.060 --> 01:01:00.460]  History, the year 1918. British women over the age of 30 who meet minimum property qualifications
[01:01:00.460 --> 01:01:06.020]  get the right to vote when the Representation of the People Act of 1918 was passed by Parliament
[01:01:06.020 --> 01:01:13.020]  to date in history. In recent years, several Texas-based organizations filed a lawsuit today
[01:01:13.020 --> 01:01:18.020]  requesting that a federal court stop the state from flagging about 95,000 people as potentially
[01:01:18.020 --> 01:01:22.860]  illegally registered to vote. The list was compiled after an 11-month-long investigation
[01:01:22.860 --> 01:01:27.540]  by the Office of the Texas Secretary of State and the Texas Department of Public Safety,
[01:01:27.540 --> 01:01:31.940]  which sought to identify non-U.S. citizens who were registered to vote when obtaining
[01:01:31.940 --> 01:01:37.780]  major average license. Over half of the 95,000 did indeed vote, it seems. However, further
[01:01:37.780 --> 01:01:42.540]  controversy was raised when it became clear that some of the names were not in fact belonging
[01:01:42.540 --> 01:01:47.820]  to those who were non-citizens and registered. Apparently, around 25% of all Latino immigrants
[01:01:47.820 --> 01:01:52.940]  become naturalized, gaining the right to vote. Registered voters who receive letters querying
[01:01:52.940 --> 01:01:57.740]  their citizenship have 30 days to respond with proof of eligibility. Texas Attorney General
[01:01:57.740 --> 01:02:03.020]  Ken Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding
[01:02:03.020 --> 01:02:09.020]  this list and any updates pertaining to it.
[01:02:09.020 --> 01:02:14.420]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[01:02:14.420 --> 01:02:18.540]  a vape pen exploded while he was using it. It apparently happened in the parking lot
[01:02:18.540 --> 01:02:22.900]  of the vape shop where he got it. An X-ray revealed that a piece of metal was embedded
[01:02:22.900 --> 01:02:30.460]  in his brainstem. The vape store, Smoke and Vape DZ, has refused to comment.
[01:02:30.460 --> 01:02:35.260]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[01:02:35.260 --> 01:02:40.220]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[01:02:40.220 --> 01:02:44.660]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[01:02:44.660 --> 01:02:54.100]  14th to 16th, 6 to 9 p.m. You can find the interview at kiiitv.com. This is Rick Rode with
[01:02:54.100 --> 01:03:15.540]  your lowdown for February 6th, 2019.
[01:03:15.540 --> 01:03:40.140]  Okay, we are back. Randy Kelton, Rue de la Radio, and we're talking to Livia in North
[01:03:40.140 --> 01:03:51.220]  Carolina. Okay, Livia, do we have everything? Let me, one more thing about discovery. You
[01:03:51.220 --> 01:03:56.500]  object to everything, and then the lawyer will take your objections and file them with
[01:03:56.500 --> 01:04:03.060]  the court and ask the court to order you to answer certain questions, and the judge will
[01:04:03.060 --> 01:04:09.340]  determine what you have to answer and what you don't. So, this first discovery thing
[01:04:09.340 --> 01:04:15.900]  is just a ploy by the lawyer to charge his client more money. If he wants a deposition,
[01:04:15.900 --> 01:04:21.340]  he could have gotten all this in written discovery. So, he's just trying to turn the
[01:04:21.340 --> 01:04:22.340]  case.
[01:04:22.340 --> 01:04:27.780]  And many questions already in the complaint, or in the summary judgment. I'm literally
[01:04:27.780 --> 01:04:32.740]  just saying, answering them as, you know, a paragraph free of summary judgment and saying
[01:04:32.740 --> 01:04:34.620]  they're just, you know, big repetition.
[01:04:34.620 --> 01:04:36.260]  Okay, summary judgment.
[01:04:36.260 --> 01:04:37.900]  I can object.
[01:04:37.900 --> 01:04:45.980]  There can be no, there has, everybody has to agree to all of the facts. The only question
[01:04:45.980 --> 01:04:57.460]  in summary judgment are which law applies. And if he is out of compliance with the, with
[01:04:57.460 --> 01:05:03.460]  the title restrictions, anything that goes to anything you might have said or you might
[01:05:03.460 --> 01:05:05.460]  have done, is irrelevant.
[01:05:05.460 --> 01:05:15.220]  Let's say, let's say he paid you $5,000 for you to agree to let him build that fence.
[01:05:15.220 --> 01:05:23.340]  Irrelevant. If it's outside the restrictions, it's outside the restrictions. So, try to
[01:05:23.340 --> 01:05:30.740]  keep focus on the only important issue. He can bring up all the irrelevant issues he
[01:05:30.740 --> 01:05:38.300]  wants to. Let him argue him all he wants to. The only one that matters, title restriction.
[01:05:38.300 --> 01:05:44.900]  So, in summary judgment, just, it sounds like the facts aren't in dispute, only the law.
[01:05:44.900 --> 01:05:49.660]  And it sounds like this lawyer is just turning the case, trying to make a few extra bucks
[01:05:49.660 --> 01:05:50.660]  off this guy.
[01:05:50.660 --> 01:05:57.100]  In the opposition, it was written by the neighbor. It was all just hearsay. There was no, not
[01:05:57.100 --> 01:06:04.180]  one case law, not one statute. It was just the neighbor story of how we talked about
[01:06:04.180 --> 01:06:05.180]  things.
[01:06:05.180 --> 01:06:12.300]  Okay, then the neighbor doesn't understand. You cannot, okay, this is the rule that I
[01:06:12.300 --> 01:06:18.620]  talk about on the air all the time. Never make a proactive statement of law out of your
[01:06:18.620 --> 01:06:21.780]  own mouth.
[01:06:21.780 --> 01:06:27.780]  You can give the most convincing arguments as to why the judge should rule in your favor.
[01:06:27.780 --> 01:06:33.060]  But if you don't give him facts and law, he has nothing to rule on. So, if he's filed
[01:06:33.060 --> 01:06:41.180]  for summary judgment, and he's given the court no facts and law as, law that's related to
[01:06:41.180 --> 01:06:47.980]  the facts, then you can move the court to strike his pleading as frivolous.
[01:06:47.980 --> 01:06:53.980]  Really? If I could do it right now, I could just motion to strike his pleading.
[01:06:53.980 --> 01:07:01.060]  Yes, it's frivolous. It states no law supporting his position. It gives the, since the court
[01:07:01.060 --> 01:07:06.500]  must determine the facts in accordance with the rules of evidence, then apply the law
[01:07:06.500 --> 01:07:14.060]  as it comes to him to the facts in the case. In this case, opposition opposing party has
[01:07:14.060 --> 01:07:22.660]  brought no law before the court supporting this case. Therefore, his pleading is frivolous.
[01:07:22.660 --> 01:07:26.180]  Can you move the court to strike it?
[01:07:26.180 --> 01:07:30.060]  I should do it probably two days before the hearing, do you think? Hearing's on the fourth.
[01:07:30.060 --> 01:07:32.500]  Or should I do it early?
[01:07:32.500 --> 01:07:39.340]  No, do it in the hearing. Not two days. How long do you have before the hearing?
[01:07:39.340 --> 01:07:44.500]  It's March 4th. It's the hearing.
[01:07:44.500 --> 01:07:49.540]  Two weeks through here. Just file it now. File a motion to strike.
[01:07:49.540 --> 01:07:51.540]  Motion to strike it now?
[01:07:51.540 --> 01:07:57.740]  If the court agrees with you and strikes their pleading, then you go for default judgment.
[01:07:57.740 --> 01:08:02.260]  Or he'll grant your summary. You can ask him to grant your summary judgment for lack of
[01:08:02.260 --> 01:08:03.260]  opposition.
[01:08:03.260 --> 01:08:11.180]  Okay. And then one more thing. One more thing on adverse possession. Do you have a few minutes
[01:08:11.180 --> 01:08:15.460]  for that? I just want to explain something else that I have in there that kind of goes
[01:08:15.460 --> 01:08:17.460]  in this game summary judgment.
[01:08:17.460 --> 01:08:20.460]  Wait a minute. You said adverse possession?
[01:08:20.460 --> 01:08:22.460]  Yeah, adverse possession.
[01:08:22.460 --> 01:08:27.340]  This doesn't, okay. Adverse possession doesn't apply here.
[01:08:27.340 --> 01:08:34.860]  If his, if his fence were on your property and the fence has, he put it there without
[01:08:34.860 --> 01:08:40.220]  your permission and it was there over the limitation, whatever the, you know, in Texas
[01:08:40.220 --> 01:08:45.740]  it's seven years. It's different in different states. Then the property becomes his by adverse
[01:08:45.740 --> 01:08:50.820]  possession. That's not implicated in this case.
[01:08:50.820 --> 01:08:58.580]  Yeah. And it's separate actually. Let me, let me explain. We have, the house, the house
[01:08:58.580 --> 01:09:07.060]  is 1996 built and they, we have like, we have a long, about 500 foot long driveway because
[01:09:07.060 --> 01:09:11.460]  the house is in the middle of our five acres. And the driveway makes turns. And one of the
[01:09:11.460 --> 01:09:16.420]  turns, it's almost like a circular, about one and a half to two feet of the asphalt
[01:09:16.420 --> 01:09:23.860]  sits on the neighbor's property. 1999, March 1999, that was a private survey done on a house
[01:09:23.860 --> 01:09:29.620]  by the person who bought the house. Before he bought it, he did the survey and the encroachment
[01:09:29.620 --> 01:09:37.540]  on his property showed on the private survey in 1999. Right. So he's been holding that
[01:09:37.540 --> 01:09:43.860]  over our heads since he had his own survey that he didn't know and asking us if we knew.
[01:09:43.860 --> 01:09:52.420]  Of course. Okay. 1999, depends on what the statute of limitations are in North Carolina
[01:09:52.420 --> 01:09:56.900]  for adverse possession, but I doubt that it's that long.
[01:09:56.900 --> 01:10:03.220]  It's 20 years. It's 20 years. But, you know, everything, all the aspects of adverse possession
[01:10:03.220 --> 01:10:08.740]  we meet, meaning it's open, it's continuous, it's been exclusive because it's just a little
[01:10:08.740 --> 01:10:12.740]  piece and they don't ever use it. If I use it, they are trespassing because it's on the
[01:10:12.740 --> 01:10:20.820]  other side of the property. But, and continuous, open, actual, everything is in there, except
[01:10:21.540 --> 01:10:24.740]  one of the things, and I believe she's saying on a radio show because if you're listening,
[01:10:24.740 --> 01:10:29.380]  they will find out what I found out. But my question to you, I'm going to skip that part,
[01:10:29.380 --> 01:10:37.700]  is, can they, does the judge have the right to stay, to ask me to move to the line,
[01:10:37.700 --> 01:10:43.060]  say electric lines, because electric lines were put in by the builder and they sit on his property
[01:10:44.100 --> 01:10:48.820]  closer to his property, away from the driveway. So, he's got utility lines on his property,
[01:10:48.820 --> 01:10:52.500]  electric utility lines, and then he's got just a little piece of the driveway.
[01:10:52.500 --> 01:10:57.300]  And, no, you, okay, you probably have an easement, PDD.
[01:10:57.300 --> 01:11:01.700]  I didn't see anyone in the record. It's just a utility line, just to a house.
[01:11:01.700 --> 01:11:07.460]  Okay. Just easement by, by description.
[01:11:07.460 --> 01:11:11.620]  If, if, if your power lines are on the other person's property, almost certainly there's
[01:11:11.620 --> 01:11:15.300]  an easement for that. It's probably in the title restrictions,
[01:11:17.460 --> 01:11:19.380]  that there's an easement for utilities.
[01:11:21.540 --> 01:11:25.300]  I did see, didn't I, but I put them, they were talking about the ones for the main street,
[01:11:25.300 --> 01:11:28.500]  not for hours to our private.
[01:11:28.500 --> 01:11:34.820]  Well, if your property is in a place where they can't get to you with, with utilities,
[01:11:36.020 --> 01:11:41.140]  without going across someone else's property, you can force an easement.
[01:11:43.620 --> 01:11:48.100]  Okay. Okay. It actually is, you know what it is? If I had to do, we actually,
[01:11:48.100 --> 01:11:52.420]  sort of quote it, quote us from electric company. If I had to do it on the other side
[01:11:52.980 --> 01:11:57.300]  of the, of the driveway, it goes into a drainage area, a national drainage area,
[01:11:57.300 --> 01:12:02.900]  and it's all very rocky and all trees, it would be on $5,000.
[01:12:03.620 --> 01:12:07.460]  Okay. This, this is different than adverse possession. This goes to easement
[01:12:08.660 --> 01:12:09.620]  in New York city.
[01:12:09.620 --> 01:12:14.980]  So the driveway, we have maintained exclusively, which makes it is adverse possession.
[01:12:14.980 --> 01:12:18.740]  The exclusively, the clause is what makes it adverse possession.
[01:12:20.260 --> 01:12:24.340]  Yeah. The driveway is adverse possession. The utility pole is easement.
[01:12:24.340 --> 01:12:33.060]  A guy sold newspapers on a corner for a number of years,
[01:12:34.340 --> 01:12:38.900]  and he walked from his house across an empty lot to where he sold the newspapers.
[01:12:39.780 --> 01:12:44.580]  They built a high rise building in between and he had to walk around it.
[01:12:45.540 --> 01:12:48.900]  Apparently he's a big building. He had to walk a long way to go get around it.
[01:12:48.900 --> 01:12:58.580]  He sued him for an easement and he won. They had to, they gave him a stand inside the building
[01:12:58.580 --> 01:13:05.700]  as a settlement, but he won. He could have forced them to give him a way to go through
[01:13:05.700 --> 01:13:12.420]  the building to get to his stand because he had been using it for such a long time
[01:13:12.420 --> 01:13:13.860]  that it created an easement.
[01:13:13.860 --> 01:13:20.500]  Easement laws are different than adverse possession, and especially if it's utilities.
[01:13:21.140 --> 01:13:25.140]  If this is the only way to effectively get utilities to you,
[01:13:25.140 --> 01:13:31.300]  you can force the easement. It's almost certainly going to be in your covenants.
[01:13:31.300 --> 01:13:35.140]  In which case, they couldn't ask us to move just the little piece of the driveway to
[01:13:35.140 --> 01:13:37.060]  to the little way and move it to the other side.
[01:13:38.980 --> 01:13:40.740]  How many years has it been?
[01:13:40.740 --> 01:13:48.740]  It's been 22 years since the house was built and 20 years will be in March for the first survey
[01:13:48.740 --> 01:13:49.460]  that shows it.
[01:13:50.660 --> 01:13:56.020]  Well, it doesn't matter. The first survey shows it that it's there and it was already there.
[01:13:56.020 --> 01:14:00.260]  You can claim it was there when the house was built. You got 22 years there on the look.
[01:14:02.420 --> 01:14:08.740]  Right. I'll send you an email on something else that could be making it challenging.
[01:14:08.740 --> 01:14:12.740]  Okay. Okay. I said they were out of luck with that said.
[01:14:14.660 --> 01:14:17.540]  What the law reads doesn't always mean a whole lot.
[01:14:18.980 --> 01:14:19.300]  Okay.
[01:14:20.020 --> 01:14:26.500]  Because I tell everybody you should never expect to win your case simply because
[01:14:26.500 --> 01:14:28.820]  you have the law and the facts on your side.
[01:14:30.660 --> 01:14:34.020]  Only expect to win the case if you have the politics on your side.
[01:14:34.020 --> 01:14:41.940]  So, they don't always rule by law. The reality is whoever has the strongest politics.
[01:14:46.180 --> 01:14:50.580]  It makes so much sense that, you know, that's absolutely, yeah, that makes so much sense.
[01:14:50.580 --> 01:14:57.940]  If a judge knows that you have the case all in order, he knows that he has to rule by the law.
[01:14:57.940 --> 01:15:00.820]  But if you're missing a bunch of stuff, they can do anything, right?
[01:15:00.820 --> 01:15:05.220]  Okay. Yeah. Well, does this other guy have any political clout?
[01:15:07.380 --> 01:15:11.780]  The lawyer is a young lawyer. I mean, he seems like a nice guy. So, you know,
[01:15:13.140 --> 01:15:16.740]  I don't know. You don't think so. He's pretty young. He's very young.
[01:15:16.740 --> 01:15:21.140]  If he's young, he probably doesn't have much political clout. So, you may actually get a ruling on law.
[01:15:24.420 --> 01:15:27.380]  Okay. Perfect. And we'll have a quick question. There's a quick one.
[01:15:27.380 --> 01:15:31.700]  Should I bring a recorder, a court recorder to the hearing?
[01:15:32.580 --> 01:15:37.780]  Two recorders. One in your pocket, one you put on the table.
[01:15:39.220 --> 01:15:45.220]  Okay. Okay. And if this is a deposition, it gets recorded anyway.
[01:15:46.660 --> 01:15:52.580]  No, I'm not a person that comes in and records it, that you pay them to, you know, come there and record.
[01:15:52.580 --> 01:16:00.020]  Yeah. You want your own recording. Cut and paste. You don't want any cut and pasting.
[01:16:00.980 --> 01:16:05.780]  If a lawyer acts ignorant, then they'll cut that out of the recording.
[01:16:07.780 --> 01:16:13.940]  You don't want it cut out if you act ignorant. And sometimes you run into lawyers who,
[01:16:13.940 --> 01:16:18.580]  they just, all they know how to do is bully people. So, you take two recordings,
[01:16:18.580 --> 01:16:24.100]  you put one on the table and get one in your pocket. If you ask you to turn the one off on the table,
[01:16:24.100 --> 01:16:31.060]  turn it off. If something happens to people, when you have a recorder and they get you to
[01:16:31.060 --> 01:16:36.740]  turn it off, they seem to think they can do and say anything they want to. I had some guys from
[01:16:36.740 --> 01:16:44.660]  Pennsylvania play on the air, the tape of the officers trying to figure out how to erase the
[01:16:44.660 --> 01:16:52.980]  first recording. Now, that was a hoot. And when they played the recording for the judge,
[01:16:52.980 --> 01:16:55.380]  the judge dismissed the case against him immediately.
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[01:17:57.220 --> 01:18:02.660]  to learn how to stop debt collectors now. I love logos. Without the shows on this network,
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[01:19:27.780 --> 01:19:57.460]  Okay. We are back.
[01:19:57.780 --> 01:20:03.700]  Randy Kelton, Rural Law Radio and we're talking to Olivia North Carolina and I ran off the cliff
[01:20:03.700 --> 01:20:12.660]  again. You guys can hear the bumper music when we get close to the edge? I can't. That's why I
[01:20:12.660 --> 01:20:17.780]  keep running off the cliff because I don't get any clue and I have a clock in front of me but
[01:20:18.340 --> 01:20:23.380]  sometimes if I'm paying too close attention, I don't pay enough attention to the clock and
[01:20:23.380 --> 01:20:31.220]  Deborah gets really excited when I run off the cliff. Okay. Go ahead, Olivia. I think you're
[01:20:31.220 --> 01:20:35.700]  good on... You really didn't. You were extremely helpful. Everything you said was exactly what
[01:20:35.700 --> 01:20:39.860]  I needed. Thank you. I appreciate it. So, I don't need to hire. I don't need to hire a court recorder.
[01:20:39.860 --> 01:20:46.500]  I can just record myself. Yes. If I want to appeal later. Yeah. If you have a recording,
[01:20:47.700 --> 01:20:52.340]  you take the recording and they have transcription programs. You can run it through it or turn it
[01:20:52.340 --> 01:21:00.580]  into a written deposition or written affidavit. You don't give the recording to the court. You
[01:21:00.580 --> 01:21:10.660]  give the written statement to the court and if... Transcript. Counsel objects to it. Then,
[01:21:10.660 --> 01:21:18.260]  you know, I was once in court and I was quoting in my pleadings. I had quoted exactly what had
[01:21:18.260 --> 01:21:27.700]  been said 10 years before and the lawyers said, are you sure that's exactly what was said? Yeah,
[01:21:27.700 --> 01:21:32.020]  I'm sure that's exactly what was said. Well, Mr. Kelton, you must have a perfect memory. Oh,
[01:21:32.020 --> 01:21:37.220]  no, I have a horrible memory. And the judge kind of ducked his head and put his head in his hand
[01:21:37.220 --> 01:21:42.980]  because he read this and it was clear to him this was taken from a recording because of the way the
[01:21:42.980 --> 01:21:48.740]  the verbiage was. The lawyer didn't get it and the judge just kind of ducked his head like he said,
[01:21:48.740 --> 01:21:53.860]  no, no, counselor, don't go there. He said, well, Mr. Kelton, if you have a horrible memory,
[01:21:53.860 --> 01:21:58.740]  how do you know this is exactly what was said? Oh, I took it from the recording. Objection,
[01:21:58.740 --> 01:22:06.100]  objection. No, no, no. Well, I'm sorry, said objection. I withdraw the question and the judge said,
[01:22:06.100 --> 01:22:14.420]  no, counselor, you opened this door. Mr. Kelton gets to walk through it. So I got to bring my
[01:22:14.420 --> 01:22:23.780]  recording into the court. So that's why you do it. Do a written deposition and then let them object
[01:22:23.780 --> 01:22:31.780]  to it. And when they object to it, that creates foundation for you to bring in the recording.
[01:22:31.780 --> 01:22:40.580]  If somebody just brings something in and it comes out of the clear blue sky,
[01:22:40.580 --> 01:22:48.100]  there's nothing pointing to it, that goes to foundation. You can't just throw evidence at
[01:22:48.100 --> 01:22:53.780]  the court unless you have something connecting that evidence to the case in a way that would be
[01:22:53.780 --> 01:23:03.620]  relevant. The objection would be the foundation. If you have, have you been through Dr. Gray's
[01:23:03.620 --> 01:23:13.700]  jurisdiction? Yes. Look in there. He should have a section on objections. Okay. Go through that.
[01:23:13.700 --> 01:23:18.660]  It will be very helpful. I don't see how I would, how I would need to later,
[01:23:18.660 --> 01:23:28.420]  you mean in trial? I mean, some adjustment is. No, a basic understanding of how to raise objections
[01:23:29.220 --> 01:23:34.340]  will give you a much better idea of how to deal with these depositions.
[01:23:35.860 --> 01:23:40.500]  Okay. What do you mean? It'll keep the lawyer from being able to bully you around.
[01:23:40.500 --> 01:23:48.020]  Right. Exactly. Yeah. And just go through the, quickly through the deposition, the,
[01:23:48.820 --> 01:23:52.420]  the objections. Don't try to memorize all of them. Just kind of go through them.
[01:23:53.140 --> 01:23:59.940]  And then when it comes up, it'll trigger your memory and you'll have a lot more available.
[01:23:59.940 --> 01:24:10.180]  Is there a specific one for lies, when they lie or just irrelevant? Well, okay. You can't
[01:24:10.180 --> 01:24:15.300]  object claiming they're lying unless you can, you know, you'd have to prove they're lying.
[01:24:16.900 --> 01:24:23.300]  That's not really something that's objected to directly. It's something that can be challenged
[01:24:23.300 --> 01:24:30.180]  later. You object to relevance, you object to foundation. That's why you need to kind of go
[01:24:30.180 --> 01:24:34.500]  through the objections. It'll tell you the kind of things you can object to. If they're lying,
[01:24:34.500 --> 01:24:39.380]  then you want it on record. You don't want to object to it. So you can hold them to it later.
[01:24:40.580 --> 01:24:43.220]  How do you hold them to it later? How do you do that?
[01:24:43.220 --> 01:24:54.180]  Well, you get to court. Then you file for sanctions against them. Okay.
[01:24:54.180 --> 01:25:00.100]  You know, filed us to strike their pleadings because they're laced with perjury. There's a
[01:25:00.100 --> 01:25:04.100]  lot of things you could do to try to get to all of them. That'd be difficult, but
[01:25:04.100 --> 01:25:05.780]  it depends on how they try to use it.
[01:25:08.020 --> 01:25:11.780]  That's fantastic. Thank you, Heidi. This is amazing. You're awesome. By the way,
[01:25:11.780 --> 01:25:14.260]  I was going to suggest, you know, your website, I think it needs a blog.
[01:25:14.980 --> 01:25:24.900]  Could you have access to a blog? Yes. I'm working on building a WordPress site connected to this
[01:25:24.900 --> 01:25:31.300]  site that I can drop a bunch of blogs in. Actually, I have a huge blog project I'm trying to put
[01:25:31.300 --> 01:25:37.940]  together. Every item in my map, I intend to have a blog with this, so I'll probably have 10,000
[01:25:37.940 --> 01:25:44.020]  blogs before all. It's just one of the things we haven't gotten to.
[01:25:45.780 --> 01:25:49.540]  Yeah. Okay. Perfect. All right. Do you want to write track? Thank you. If you need help, I'll
[01:25:50.980 --> 01:25:57.220]  do a website now. Okay. Thank you. Thank you, Olivia. Now we're going to Shane in New York
[01:25:58.420 --> 01:26:05.540]  and Shane. There we go. Okay. What is happening in your mom's foreclosure case?
[01:26:05.540 --> 01:26:12.660]  Oh, boy. Amazing. I just wanted to... But, you know, I finally got the transcripts
[01:26:13.300 --> 01:26:19.300]  from the hearing. The judge said almost 15 times that he's dismissed in the case. He's dismissed
[01:26:19.300 --> 01:26:23.460]  in the case. I'm dismissed in the case. I'm dismissed. Get done standing over, over again.
[01:26:24.180 --> 01:26:30.820]  And we followed a great motion for extension this time. And so we got partially implanted.
[01:26:30.820 --> 01:26:36.180]  Instead of getting 60 days, we got 30 days. He says, well, you've got to have all your stuff in.
[01:26:37.540 --> 01:26:45.220]  No later than February the 4th of this month. And February 4th falls on a... I think it falls on
[01:26:45.220 --> 01:26:50.820]  a Sunday. Well, maybe it was February the 3rd. It was a Sunday. It felt okay. It was February the 3rd.
[01:26:51.540 --> 01:26:56.020]  And remember last we got called, then you said that a Sunday would ultimately go to a Monday,
[01:26:56.020 --> 01:27:02.340]  correct? Yes. So what we did is we served everything on a Saturday, which would have been
[01:27:02.340 --> 01:27:07.540]  February the... Just looking at the camera here, Randy. It would have been February the 2nd. So
[01:27:07.540 --> 01:27:12.740]  we served everything. Then that big snowstorm hit up here. I'm not sure if you heard about it.
[01:27:12.740 --> 01:27:21.860]  And the courts were closed for three days. And so we got it served on February the 4th.
[01:27:21.860 --> 01:27:29.540]  The certificate of service would have been February the 2nd. And we served the other one
[01:27:29.540 --> 01:27:36.260]  on February the 5th. And that was served on February the 2nd too. That's another story,
[01:27:36.260 --> 01:27:41.860]  which I don't want to get into right now. But they were served two or three days on the court.
[01:27:41.860 --> 01:27:45.540]  We don't want to see put the stamp on the document and we objected to the
[01:27:45.540 --> 01:27:52.420]  the first lien holder and the second lien holder, okay? Okay. My question to you,
[01:27:52.420 --> 01:27:58.740]  my question to you is it's not... The court didn't really say do on a day. They just said that
[01:27:58.740 --> 01:28:01.860]  we got to have it in by that because the hearing is that we marched the 5th.
[01:28:02.660 --> 01:28:06.340]  Okay. It doesn't matter if the court was not open.
[01:28:08.580 --> 01:28:14.020]  You couldn't file it. Or if there were inclement weather that it would be,
[01:28:14.020 --> 01:28:22.980]  you know, irresponsible of you to try to travel there, then there are provisions for that in law.
[01:28:24.420 --> 01:28:29.540]  But the good news is we did get it served before the due date. The due date where he said that
[01:28:29.540 --> 01:28:34.740]  you have to have it in by this date. And so the certificate of service was done on a Saturday,
[01:28:34.740 --> 01:28:39.620]  but we didn't get it into the court until early night that week, Monday and Tuesday.
[01:28:39.620 --> 01:28:45.780]  So I think... That won't be an issue or it shouldn't be an issue if you're...
[01:28:45.780 --> 01:28:52.260]  Yeah. If the courts were closed, you can't... It's in the law that if the courts are closed
[01:28:52.260 --> 01:28:59.620]  in the last day, then the first day that the courts are open, the date is moved to that date.
[01:29:01.220 --> 01:29:06.180]  Okay. But I want to let you know that it was served in the U.S. mail on February the 2nd and
[01:29:06.180 --> 01:29:11.700]  the due date would have been February the 3rd. So that date, did they go based on the certificate
[01:29:11.700 --> 01:29:22.580]  of service? Is this a federal court bankruptcy? Yes. They go by the date the clerk received it.
[01:29:25.940 --> 01:29:31.540]  They don't go by the date it's stamped. They used to go by the date it's stamped. They don't
[01:29:31.540 --> 01:29:40.180]  need more. They go by the date they received. They received it. Okay. But if it wasn't open
[01:29:40.180 --> 01:29:46.740]  and they couldn't receive it on a given day, then your time limit moves to the next time
[01:29:46.740 --> 01:29:55.540]  they're open. So that should not be a problem. The question is, is that... There was no real
[01:29:55.540 --> 01:30:02.020]  you know, scheduling order like this is due on this day to day.
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[01:31:54.100 --> 01:31:59.060]  pilot. I'm a father who lost his son. We're Americans and we deserve the truth. Go to
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[01:32:59.540 --> 01:33:22.580]  Okay, we are back. Randy Kelton, Rule of Law Radio on this Friday, the 8th day of February,
[01:33:22.580 --> 01:33:32.580]  2019, and we're talking to Shane in New York. Shane, you let me run off the cliff again.
[01:33:32.580 --> 01:33:34.660]  Yes, I did. Sorry, Randy.
[01:33:36.180 --> 01:33:43.140]  Yes, that's all your fault. I'd never take responsibility. It's a guy thing. Okay, where
[01:33:43.140 --> 01:33:49.300]  were we Shane? We were just talking about the find out if the objections were filed timely.
[01:33:49.300 --> 01:33:55.060]  But getting back to the transcripts, he didn't really say that, you know, this has got to be done
[01:33:55.060 --> 01:33:58.980]  by this certain day that your order to have, and he just said if you want this to be heard,
[01:33:58.980 --> 01:34:02.980]  you actually adjourn it to mark the fit. And he says if you want this to be heard,
[01:34:02.980 --> 01:34:09.860]  you have 30 days to respond to it. And so it wasn't really like, how do I say it,
[01:34:09.860 --> 01:34:15.620]  it wasn't court order. There's nothing in the docket sheet stating that it was due.
[01:34:15.620 --> 01:34:19.380]  He just said you have to have it in by February the 3rd for us to hear it,
[01:34:19.380 --> 01:34:22.180]  because we're going to adjourn it to March 5th, because he was talking about he's been
[01:34:22.180 --> 01:34:27.220]  dismissing, because you're not responding to these approval claims or valid. And of course,
[01:34:27.220 --> 01:34:32.180]  you're not. I'm not going to give you all the reasons, but the objections we filed,
[01:34:33.060 --> 01:34:38.260]  my question to you is that you can follow the objections up with an adversary complaint.
[01:34:38.260 --> 01:34:49.540]  Isn't that correct? Well, you can follow up the objections with an adversarial complaint.
[01:34:50.740 --> 01:34:58.420]  I'm not exactly sure how to answer that. If you have a claim against one of the parties,
[01:34:59.380 --> 01:35:06.340]  you can file an adversarial complaint in a bankruptcy case.
[01:35:06.340 --> 01:35:18.420]  But it has to be a separate claim. If it's about something going on in the bankruptcy,
[01:35:18.980 --> 01:35:21.780]  that would be something that would be filed in the bankruptcy.
[01:35:25.220 --> 01:35:32.020]  These guys are coming in stating they have a claim against the property.
[01:35:32.020 --> 01:35:37.220]  If they have done things to me previously that I feel like harmed me,
[01:35:38.420 --> 01:35:45.220]  then since this party is a party to the bankruptcy because of their stated position,
[01:35:45.220 --> 01:35:49.380]  and they've harmed me elsewhere, then I can bring an adversarial complaint against them.
[01:35:51.140 --> 01:35:57.300]  That's what I'm working on right now, yeah. But what I wanted to ask you is that there's
[01:35:57.300 --> 01:36:05.060]  nothing in the docket sheet stating that their objections are due on how they do the tax orders.
[01:36:05.060 --> 01:36:10.180]  It says the 341 meeting has been adjourned to March the 5th. There's nothing that really sets
[01:36:10.180 --> 01:36:16.180]  a goal. If you want them to hear this, then they have 30 days to respond,
[01:36:16.180 --> 01:36:20.740]  which means you should have it in no later than February the 3rd, which is a Sunday.
[01:36:20.740 --> 01:36:27.940]  Yeah, so it becomes February the 4th, and if February the 4th the court's not open,
[01:36:28.820 --> 01:36:31.540]  then it becomes the 5th, or the next day the court's open.
[01:36:33.380 --> 01:36:36.340]  That's in the court. That is specifically in the rules.
[01:36:37.700 --> 01:36:42.820]  Okay, so if we got it in, let's just say we got one of the objections in on February the 4th,
[01:36:42.820 --> 01:36:48.740]  and the other one was filed February the 5th. If it was the first time it could reasonably be filed,
[01:36:48.740 --> 01:36:53.940]  if there was inclement weather, then it's in the code. It's in the rules.
[01:36:54.980 --> 01:37:01.220]  Okay, well, the big storm happened on Thursday and Friday before the Monday,
[01:37:03.140 --> 01:37:06.260]  so it... Well, was the court closed on Monday?
[01:37:09.060 --> 01:37:13.060]  No, that day it would have been open. It would have been open.
[01:37:13.060 --> 01:37:17.700]  So you're one day behind what he...
[01:37:19.700 --> 01:37:20.180]  Well...
[01:37:20.180 --> 01:37:20.980]  What he ordered.
[01:37:22.500 --> 01:37:25.860]  Yeah, but I think there's no real official order. That was the whole thing. He just said...
[01:37:25.860 --> 01:37:30.020]  Okay, well, it hasn't been time for them to raise an objection,
[01:37:32.020 --> 01:37:36.980]  and it's unlikely that they will deny it if there was inclement weather involved.
[01:37:36.980 --> 01:37:43.220]  Yeah. Did the inclement weather interfere with your ability to get that in in time?
[01:37:43.220 --> 01:37:49.780]  Yes. Yes, because the court was closed for two days in a row.
[01:37:55.300 --> 01:38:01.140]  Well, it was closed. I mean, you said they were open Monday.
[01:38:01.140 --> 01:38:09.540]  Right. They were open on a Monday, but they were closed Wednesday afternoon, Thursday,
[01:38:09.540 --> 01:38:15.540]  Friday, or something like that. But the reason why I'm bringing this up is because we had some
[01:38:16.820 --> 01:38:21.380]  things that we needed from the court, and we couldn't get them, and we had to go to court
[01:38:21.380 --> 01:38:22.260]  and get it, but that's...
[01:38:22.260 --> 01:38:28.660]  Oh, okay, good, good. So the court being closed made it impossible for you to get the information
[01:38:28.660 --> 01:38:31.300]  you needed in time that... Yeah, that'll work.
[01:38:32.420 --> 01:38:36.900]  Well, the mail was closed. Everything was shut down, so we lost a couple of days,
[01:38:37.540 --> 01:38:43.860]  and because it was second, everything was so quick. But what I want to tell you is there's
[01:38:43.860 --> 01:38:48.340]  nothing on the docket sheet, Randy, that it says initially... And if there's any...
[01:38:48.340 --> 01:38:52.900]  Okay, you keep saying that, but if the judge said you need to have it in on this day,
[01:38:52.900 --> 01:39:02.020]  he can hold you to that. However, if the court was closed when you needed information from the
[01:39:02.020 --> 01:39:09.460]  court, and because you couldn't get it, it slowed you down and cost you time, then it's not in the
[01:39:09.460 --> 01:39:17.780]  interest of the court as a rule to deny people access to the court. If the court ruled against
[01:39:17.780 --> 01:39:24.100]  you on that and you appealed that, almost certainly it would get turned over. And then the court would
[01:39:24.100 --> 01:39:30.340]  have to go back and do it again, and this judge, he wants to clear his docket. He doesn't want your
[01:39:30.340 --> 01:39:37.540]  case coming back to him, and you've effectively adjudicated this case to the point that anything
[01:39:37.540 --> 01:39:42.260]  you feel is an error or he has to expect you're going to appeal, and good chance it'll come back
[01:39:42.260 --> 01:39:49.380]  to him, and you'll miss another golf game. Haven't tried to clear your case off his docket, so it's
[01:39:49.380 --> 01:39:55.460]  unlikely he's... Even if he's bought and paid for, he's not... He was trying to find another way to
[01:39:55.460 --> 01:40:02.340]  screw you, other than a way that'll give his decision turned over. Yeah, he was going to dismiss
[01:40:02.340 --> 01:40:08.580]  it on January 22nd, and he closed his eyes as my mom was reading her statement into the record,
[01:40:08.580 --> 01:40:12.820]  which was pretty damn good, and basically just focus on due process that we have the right
[01:40:12.820 --> 01:40:17.860]  to get this in, but we can't do that because the IRS is not complying with the proper documents.
[01:40:17.860 --> 01:40:22.180]  We're not getting proper documents for some of the creditors, and he said, okay, I'm going to give
[01:40:22.180 --> 01:40:26.980]  you until March the 5th to have all your stuff in. You got to have everything in mind on February
[01:40:26.980 --> 01:40:33.460]  the 3rd, which is the Sunday, but he said the same thing way back in November, so it was like a
[01:40:33.460 --> 01:40:40.020]  repeat, but this time he was going to dismiss it, and he didn't, so I was just going to ask you about
[01:40:40.020 --> 01:40:46.740]  that, and if anybody else had bankruptcy cases out there, you have an opportunity to file an
[01:40:46.740 --> 01:40:51.860]  adversary complaint for damages, and I'm not going to sit here and read the whole objection
[01:40:51.860 --> 01:40:56.420]  here on the radio show, but the objection is absolutely fantastic. They don't have a note,
[01:40:56.420 --> 01:40:59.780]  they don't have an assignment, and they said they have the assignment, they have the note,
[01:40:59.780 --> 01:41:06.660]  they don't have that stuff. Yeah, an adversarial complaint, you know, it's not like you can come
[01:41:06.660 --> 01:41:12.580]  into the federal court and file in the bankruptcy court and file an adversarial complaint over
[01:41:12.580 --> 01:41:19.780]  something that has nothing to do with the parties and the issue that's before the bankruptcy court,
[01:41:19.780 --> 01:41:28.900]  but if you have a party claiming to have a, or asserting that they have a claim on your property,
[01:41:29.780 --> 01:41:37.220]  and you have claims against that party based on the property, then it's appropriate to bring that
[01:41:37.220 --> 01:41:43.540]  in as an adversarial complaint, but it has to be related to the parties and to the bankruptcy
[01:41:43.540 --> 01:41:48.980]  before you can bring it in as an adversarial. Yeah, yeah, they're quite frankly just lying
[01:41:48.980 --> 01:41:52.020]  about everything, and the server serves the one that filed the proof of claim.
[01:41:53.940 --> 01:42:00.340]  Well, we've got Lizley on here, and she's in a case where they're lying about everything.
[01:42:01.540 --> 01:42:16.420]  Yeah. Yeah, it's amazing because they said that the Federal National Mortgage Association
[01:42:16.420 --> 01:42:19.940]  has the assignment, and when you look at the assignment, they re-recorded
[01:42:20.740 --> 01:42:27.460]  and sold it to, I think it's called MTQLG down in Irving, Texas. They're the ones that purchased
[01:42:27.460 --> 01:42:32.820]  the assignment back in 2017. They got a certified copy, and I'm going to bring that to hearing them.
[01:42:32.820 --> 01:42:37.220]  Are they, they're saying that Danny May owns the house or owns the lungs?
[01:42:38.580 --> 01:42:43.700]  Exactly, and we've talked to them like a million times. They said, you guys are almost nothing.
[01:42:43.700 --> 01:42:50.740]  Yeah, and that's where Rosicki and Rosicki came in, because Rosicki and Rosicki originally
[01:42:50.740 --> 01:42:54.100]  had a case, and they got rid of it and gave it to this other law firm in Rochester,
[01:42:54.900 --> 01:43:00.420]  and the servicer filed the proof of claim this time around, and we don't, there's no funds owed
[01:43:00.420 --> 01:43:04.260]  to the Federal National Mortgage Association. Do you have that in writing?
[01:43:05.780 --> 01:43:10.980]  No, we have it on phone calls. You should send them a letter requesting
[01:43:10.980 --> 01:43:18.020]  the amount that is owed to them, and get them to send you something so you don't,
[01:43:19.140 --> 01:43:20.180]  you don't owe them anything.
[01:43:22.180 --> 01:43:23.540]  Yeah, they don't respond back at all.
[01:43:24.820 --> 01:43:29.300]  They don't like to be brought into court. They will do almost anything, not to be brought into a
[01:43:29.300 --> 01:43:34.820]  lawsuit, and definitely do not want to be on a foreclosure. That's part of their rule,
[01:43:34.820 --> 01:43:40.500]  that they have their servicers lie like a rug to keep their name out of it.
[01:43:41.540 --> 01:43:43.860]  I had a federal court judge rule.
[01:43:44.500 --> 01:43:48.820]  Wait, wait, hold on. I have to go to break Randy Kelton, Debra Stevens.
[01:43:50.260 --> 01:43:54.980]  No, just Randy Kelton, but this is the last break, so this is the one Debra check, and I
[01:43:54.980 --> 01:43:59.060]  didn't run off the cliff this time. Maybe I can hide all the other ones. We'll be right back.
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[01:46:24.500 --> 01:46:54.020]  Okay, we are back. Randy Kelton, rule of law radio, and we're talking to
[01:46:54.020 --> 01:46:56.740]  Shane in New York. Shane, do you have anything else for us?
[01:46:57.540 --> 01:47:01.540]  Yeah, just one more last thing here. I just looked at the end of the transcripts,
[01:47:01.540 --> 01:47:05.940]  and this is exactly what the court says as she was talking to my mom. He says,
[01:47:05.940 --> 01:47:10.980]  this is the court speaking. He says, you have to challenge the terrorist claim and key bank claim,
[01:47:11.620 --> 01:47:18.020]  and you own one. I'm only going to give you until March 5th at one o'clock. That means you have to
[01:47:18.020 --> 01:47:24.180]  file these papers. I said 30 days in advance, and she came back with this yesterday, and the court goes,
[01:47:24.180 --> 01:47:29.940]  if you're late on those, on the objections. I'm dismissing the case, and she says, yes, okay,
[01:47:29.940 --> 01:47:35.220]  and the court goes, all right, I'm telling you. I'm telling you once again on the record that you
[01:47:35.220 --> 01:47:38.740]  have to have this done, and she came back with this yesterday. I'm going to thank you, thank you,
[01:47:38.740 --> 01:47:44.660]  thank you. And the court says, at the end, if the objection is not raised, I'm dismissing this case,
[01:47:44.660 --> 01:47:49.860]  and that was the end of the hearing, but they're all in. The objection is
[01:47:50.500 --> 01:47:57.060]  absolutely fantastic. He gave a date and a time. Were they in by that date and time?
[01:47:58.660 --> 01:48:07.940]  Well, that's the whole thing. The terrorist was done and served on the second of February.
[01:48:07.940 --> 01:48:15.060]  They don't count. The court's what counts. Yeah, so the fourth was stamped filed, and then
[01:48:15.620 --> 01:48:21.860]  the terrorist was. Keybank was not stamped filed until the 5th, and... That's what you just read,
[01:48:21.860 --> 01:48:30.900]  the 5th at one o'clock, or 1.30. Right, so one, and it was based on the weather. We were waiting
[01:48:30.900 --> 01:48:38.500]  for some documents to come back. Okay, you're saying it was... He said it had to be filed
[01:48:38.500 --> 01:48:45.140]  by the 5th, and you got it filed by the 5th. Well, actually, hang on. Well,
[01:48:46.420 --> 01:48:53.060]  yeah, it's kind of like right on the buzzer here, you know? Okay, that's okay. Yeah.
[01:48:54.580 --> 01:48:58.420]  He said by the 5th, and you got it by the 5th. It wasn't like it was filed to 6th.
[01:48:58.420 --> 01:49:03.940]  Well, it says here, I'm only going to give you until March 5th at one o'clock. That means you
[01:49:03.940 --> 01:49:10.740]  have to have the papers filed 30 days in advance. Did... Okay. Did you have it filed by one o'clock
[01:49:10.740 --> 01:49:17.780]  on March the 5th? Well, March 5th hasn't happened yet. I'm sorry. I'm still in trouble with it.
[01:49:17.780 --> 01:49:24.660]  Yeah. Wait a minute. Am I missing something? When was this supposed to be filed?
[01:49:24.660 --> 01:49:31.540]  If you do the mathematics, it would 30 days expired on February the 3rd, which is a subject.
[01:49:31.540 --> 01:49:37.620]  What... Okay. I'm not sure what this issue is. You're saying all of this stuff has to
[01:49:37.620 --> 01:49:41.860]  be in by March the 5th, and that's some three weeks away.
[01:49:43.460 --> 01:49:52.180]  No. March 5th is the hearing. Okay. What date was this supposed to be filed?
[01:49:52.180 --> 01:49:59.300]  Well, if you subtract 30 days from... What date? Come on. Just... What day?
[01:50:00.660 --> 01:50:04.740]  February... I guess my mathematics are right. February the 3rd.
[01:50:05.780 --> 01:50:08.100]  Okay. And you didn't get them in until the 5th.
[01:50:09.940 --> 01:50:13.460]  And the 4th. You guys forgot the other one. Don't wait a minute. Wait a minute.
[01:50:14.900 --> 01:50:19.220]  There's two objections. Okay. What is this... The transcript is saying...
[01:50:19.220 --> 01:50:22.980]  What day is the transcript saying it has to be in by?
[01:50:24.900 --> 01:50:29.220]  I'm confused, sir. I'm missing something. What did you just read me from the transcript?
[01:50:29.220 --> 01:50:35.380]  Read that again. He says I'm only going to give you until March 5th at one o'clock.
[01:50:35.380 --> 01:50:38.820]  That means you have to file these papers, as I said, 30 days in advance.
[01:50:38.820 --> 01:50:47.460]  That's not what he said. Oh, he said you have to... Okay. So you're essentially 30 days in
[01:50:47.460 --> 01:50:55.860]  advance. The 30 days in advance wasn't an exact day at an exact time. So there's leeway there.
[01:50:57.140 --> 01:51:03.540]  If you filed him 29 days because of inclement weather, it's not like you didn't get them by
[01:51:03.540 --> 01:51:11.300]  March 5th at one o'clock. So you should be good. I... Go ahead.
[01:51:11.300 --> 01:51:13.460]  I got a 30 days hack. Go ahead.
[01:51:15.620 --> 01:51:20.740]  Shane, you're twisting a tiny little point and you're trying to gouge a hole through it
[01:51:20.740 --> 01:51:26.660]  because you missed the day. If he's staying, the judge said he had to have him 30 days in
[01:51:26.660 --> 01:51:33.940]  advance of March 5th to deadline February 5th. It is? Okay. All right. Because I... Because
[01:51:33.940 --> 01:51:38.820]  you can remember, February... We're missing... We're missing February 29th, the 30th.
[01:51:38.820 --> 01:51:42.500]  No, no, no. It's not February 5th. No.
[01:51:43.380 --> 01:51:46.100]  30 days has September, April, May, and November.
[01:51:47.300 --> 01:51:49.300]  Oh, February... Yeah, November, April...
[01:51:49.300 --> 01:51:56.180]  27 days in... In February, not 30.
[01:51:57.620 --> 01:52:02.100]  Yeah. Well, I think he's saying you need him a month in advance, but he's saying...
[01:52:02.100 --> 01:52:07.620]  He's saying very specific... Yeah, he's saying a month in advance and you're a month in advance.
[01:52:09.060 --> 01:52:11.380]  Yeah. Hold on. Let's have a look.
[01:52:11.380 --> 01:52:17.460]  Let's see. March the 5th, 30 days...
[01:52:21.300 --> 01:52:26.660]  It is a Sunday, Mark. It would be February the 3rd would be 30 days.
[01:52:28.100 --> 01:52:33.140]  Right. Yeah. And you got in the 5th.
[01:52:34.660 --> 01:52:38.660]  Yeah. Well, we got the terrorist, the main one. We got in on the 4th and...
[01:52:38.660 --> 01:52:44.020]  Yeah, that was a Sunday. So you're a day late with one of them.
[01:52:44.020 --> 01:52:45.220]  Got the other one. Yeah.
[01:52:46.020 --> 01:52:52.500]  And there was inclement weather. If the court denies that, the Court of Appeals will overturn it.
[01:52:53.700 --> 01:52:59.060]  Okay. And my question to you is, should we file a motion just on that one thing being late that
[01:52:59.060 --> 01:53:02.500]  one day, an extension, or just let it... Let it be.
[01:53:02.500 --> 01:53:07.700]  I think you're past the point of filing an extension.
[01:53:10.660 --> 01:53:15.140]  It's the 8th and you... Yes.
[01:53:17.700 --> 01:53:24.420]  File a motion for a one-day extension. You know it's the Court you're one day late and
[01:53:24.420 --> 01:53:28.260]  explain the inclement weather issue. Right.
[01:53:28.260 --> 01:53:34.020]  Right. And get that addressed early. So if the Court rules against you, then you can file a
[01:53:35.060 --> 01:53:37.780]  interlocutory appeal. Okay.
[01:53:40.020 --> 01:53:43.140]  That would open the door for it. Okay. I got one more caller.
[01:53:44.020 --> 01:53:46.900]  Thank you. And John's been on long time.
[01:53:49.540 --> 01:53:51.300]  Okay. Anything else, Shane?
[01:53:53.540 --> 01:53:57.540]  Oh, no. Great job. Thanks, Randy. I just want to ask you about that because we're going to follow
[01:53:57.540 --> 01:54:00.900]  for any adversary complaints, but we had to get this objection in first.
[01:54:01.860 --> 01:54:07.380]  Okay. Good. Then file a motion for an extension of time in one day and that probably won't be an
[01:54:07.380 --> 01:54:13.060]  issue. All right. Thanks. Okay. Now we're going to John in New York. Hello, John.
[01:54:14.340 --> 01:54:20.340]  Hi, Randy. How are you doing? Doing good. I've had a full board of callers all day today.
[01:54:20.340 --> 01:54:28.020]  Okay. That's good. Okay. What do you have for us? Well, I'm going to read this to you. It'll take
[01:54:28.020 --> 01:54:32.980]  two minutes and 25... Okay. One thing though, don't you say a word about a seatbelt ticket?
[01:54:34.820 --> 01:54:39.060]  Oh, yeah. I got it. We have beat that thing to death.
[01:54:40.020 --> 01:54:45.460]  No, no. Not yet. Trust me. Here we go. Just trust me. Okay. Okay.
[01:54:45.460 --> 01:54:51.460]  Okay. Here we go. The charge on the... This is the appeal. I'm going to read the whole thing
[01:54:52.180 --> 01:54:57.140]  and then you tell me thumbs up or thumbs down. Here we go. The charge on the ticket is no
[01:54:57.140 --> 01:55:02.820]  seatbelt. The burden of proof is with the plaintiff to first prove the evidence in charge against
[01:55:02.820 --> 01:55:07.220]  the defendant beyond a reasonable doubt. Wait, wait, wait, wait. Who says?
[01:55:07.220 --> 01:55:15.860]  Who says? Yeah. Who says? That's the way courts are always supposed to work.
[01:55:16.820 --> 01:55:22.340]  Never make a proactive statement of law out of your own mouth.
[01:55:23.060 --> 01:55:30.020]  Okay. How do I prove that? Where do I find... I didn't find... I figured that was common, but where do
[01:55:30.020 --> 01:55:43.780]  I go? Yeah. Just to go to the court of appeals and pull down, go on Pacer and find a big case
[01:55:43.780 --> 01:55:53.220]  that's heavily adjudicated and pull down a brief. Okay. Look how the brief is written.
[01:55:53.220 --> 01:56:02.980]  Do a search for... You're making a statement. Put that statement in Google and do a search for it.
[01:56:02.980 --> 01:56:12.340]  And Google will give you cases that have that string of verbiage in it. Okay.
[01:56:13.780 --> 01:56:21.380]  And the cases will have the case law to support it. Most every appeal will have that language in it.
[01:56:21.380 --> 01:56:26.980]  Okay. And then they'll have it followed by some case law.
[01:56:28.100 --> 01:56:39.860]  Okay. So, I look up... Let's see. Hold on. Plaintiffs has to prove beyond a reasonable doubt.
[01:56:39.860 --> 01:56:52.900]  Okay. According to the Supreme Court in X versus Y, the plaintiff has to prove.
[01:56:54.500 --> 01:57:02.900]  Every time you have a proactive statement, put in front of it or in back of it according to
[01:57:02.900 --> 01:57:10.740]  such and such a case. And then go find that case. All right. It'll be easier than you think.
[01:57:11.620 --> 01:57:16.420]  Okay. Here we go. Beyond a reasonable doubt, the accuser has to show proof of his claims and charges.
[01:57:17.940 --> 01:57:24.900]  How could the office approve the charge on the ticket? No, no, no, no. You can't do that.
[01:57:24.900 --> 01:57:29.780]  You can't do it. This is an appeal. You can't ask that kind of question.
[01:57:29.780 --> 01:57:34.500]  Well, no, no, no, no. Just let me continue. You'll see where I'm going with this.
[01:57:34.500 --> 01:57:38.180]  You'll understand what I'm doing. How could the office approve that you then...
[01:57:38.180 --> 01:57:42.980]  You can staff me again to see if I'm wrong. How can the office approve the ticket charge?
[01:57:42.980 --> 01:57:46.580]  No seat belt beyond a reasonable doubt. When the officer buys... Yes, thank you.
[01:57:51.460 --> 01:57:55.700]  Go ahead, Leslie. No, I'm sorry. My husband had asked me a question.
[01:57:55.700 --> 01:58:02.340]  Okay. Go ahead, John. How can the office approve the ticket charge?
[01:58:02.340 --> 01:58:07.780]  No seat belt beyond a reasonable doubt. When the officer, by his own testimony in trial court,
[01:58:07.780 --> 01:58:12.980]  while failing to give me timely proper notice, changed the material fact at the last minute
[01:58:12.980 --> 01:58:19.380]  and admitted to my wearing the belt when he stated, quote, it was later found that he may
[01:58:19.380 --> 01:58:26.660]  have been wearing it improperly, but still was not wearing it. Okay. Hold on. Hold on.
[01:58:26.660 --> 01:58:35.940]  Here was the problem. Okay. How can the officer tell? Take that out and make...
[01:58:35.940 --> 01:58:41.860]  That's a passive statement. That's a question. State, the officer cannot
[01:58:41.860 --> 01:58:49.460]  tell because the officer just changed it to a proactive statement rather than...
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