ROL_2019-10-18_16k_Hr3-4.timecode

[00:00.000 --> 00:06.920]  The following news flash is brought to you by The Lowest Star Lowdown.
[00:06.920 --> 00:13.320]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.320 --> 00:21.520]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.520 --> 00:29.880]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum
[00:29.880 --> 00:41.480]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:41.480 --> 00:52.480]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb, was detonated
[00:52.480 --> 00:57.960]  on Market Street in San Francisco during the World War I Preparedness Day Parade, killing
[00:57.960 --> 01:04.960]  10 and injuring 40.
[01:04.960 --> 01:05.960]  And recent news.
[01:05.960 --> 01:10.600]  Since Governor Greg Abbott signed House Bill 1325, legalizing hemp into taxes law back
[01:10.600 --> 01:15.240]  in June, county prosecutors around the state, including Houston, Austin and San Antonio,
[01:15.240 --> 01:19.280]  have been dropping marijuana possession charges and even refusing to file new ones since they
[01:19.280 --> 01:23.400]  are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.400 --> 01:28.120]  or for THC. Margaret Moore, the Travis County District Attorney, announced earlier this
[01:28.120 --> 01:33.080]  month that she was dismissing 32 felony possession and delivery of marijuana cases because of
[01:33.080 --> 01:34.080]  the law.
[01:34.080 --> 01:37.760]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.760 --> 01:42.280]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.280 --> 01:48.440]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.440 --> 01:54.680]  well as other cities, too, like the District Attorney in El Paso, Kymah Esparza, a Democrat
[01:54.680 --> 01:59.160]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.160 --> 02:02.040]  prosecution of marijuana cases in El Paso.
[02:02.040 --> 02:06.960]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.960 --> 02:10.960]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.960 --> 02:13.680]  something illegal based on its chemical makeup.
[02:13.680 --> 02:17.560]  It's important that if someone is charged with something, the test matches what they're
[02:17.560 --> 02:22.760]  charged with.
[02:22.760 --> 02:27.600]  A paper by Tulane University identified a five and a half inch American pocket shark.
[02:27.600 --> 02:32.520]  As the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.520 --> 02:38.200]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.200 --> 02:39.200]  Pacific Ocean.
[02:39.200 --> 02:43.960]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.960 --> 02:50.240]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.240 --> 03:16.740]  flow.
[03:16.740 --> 03:38.340]  Well, I received my remedy today, it came in the box just like the sick, I accepted it for fire right away, it's not too late, it's not later, we are originators, and the current way seems to get straighter every day.
[03:38.340 --> 04:03.180]  Okay, we are back, Randy Kelton, Brett Fountain, Blue Law Radio, and we're here with our special guest, Mr. Don from Agenda 21, and he took on the system in Alabama and they cheated big time, and they played out their hand, now it's Don's turn.
[04:03.180 --> 04:22.100]  So we have filed a motion to finding the facts and conclusions at law, and it puts the judge on the dime, the judge needs to tell you that he actually applied the facts to the law, and how he applied the facts to the law.
[04:22.100 --> 04:31.900]  If he doesn't, Brett, would you, okay Don, you did hear the part about Walker V. Packer, is that correct?
[04:31.900 --> 04:55.900]  Yeah, so the judge has no discretion in properly applying the law to the facts, and that's where we want to take him, when he doesn't show that he properly applied the law to the facts, that creates the adverse inference that he did not properly apply the law to the facts.
[04:55.900 --> 05:03.900]  Now the appeals court, they may say, well, the judge doesn't have to file it as far as we're concerned, we can move ahead.
[05:03.900 --> 05:08.900]  You're going to say, well, that's all fine, that's all fine and good, that's the civil part.
[05:08.900 --> 05:20.900]  But the law commands him to do a certain thing, he didn't do it, and the process denied me full and free access to enjoyment right in that he denied me in my right to an effective appeal.
[05:20.900 --> 05:31.900]  So we start hitting grand juries, try to get him indicted, and if we don't have access to a federal, to a state grand jury, well that's okay.
[05:31.900 --> 05:42.900]  We got federal grand juries, and these guys, the state are really leery of the feds.
[05:42.900 --> 06:07.900]  How do you think these guys are going to feel when they got dawned down there, stomping all over the special agent charge, the FBI, the U.S. attorneys, the U.S. attorney general, the grand juries, everybody just making a nuisance of himself.
[06:07.900 --> 06:12.900]  And filing FOIA requests.
[06:12.900 --> 06:25.900]  If you file a judicial conduct complaint against a federal judge, it's almost like filing suit against him, and it's a whole big rigmarole.
[06:25.900 --> 06:38.900]  It's not like in the states where they just call in an administrative judge and he just blows it off. This goes before a three judge panel of the local appellate court.
[06:38.900 --> 06:46.900]  And you make your case before him, so you get to go into court and just walk all over this judge.
[06:46.900 --> 06:58.900]  He's got to sit back there and keep his mouth shut, and people tend to be afraid that if you go after these guys that they will retaliate against you.
[06:58.900 --> 07:11.900]  Well, sometimes they will. They've done that to me, and the only reason I got hammered was I was arrogant enough to think I could handle my own case.
[07:11.900 --> 07:15.900]  And it made no difference how much I knew.
[07:15.900 --> 07:17.900]  I wasn't confident.
[07:17.900 --> 07:26.900]  I wasn't confident because I had a dog in the hunt and put in a strong emotional component.
[07:26.900 --> 07:31.900]  Here, they were coming after me.
[07:31.900 --> 07:37.900]  When you're going after them, it is all together different.
[07:37.900 --> 07:48.900]  And you're guys like Ralph in Texas, Adam in Texas. I had a guy in Riverside, California that just wanted to check this out.
[07:48.900 --> 07:54.900]  Well, Adam is that way. Adam was listening to us and he said he wanted to try it out. There's a county he has to drive through.
[07:54.900 --> 08:05.900]  He thought, see, I'll just go down there and hammer him. He went down there and picked a fight with him and still fighting with him, having great fun the whole time.
[08:05.900 --> 08:09.900]  So I'm looking forward to this, Don.
[08:09.900 --> 08:18.900]  So first thing, motion to finding effective conclusions along with recertaining the judge will not respond to it.
[08:18.900 --> 08:34.900]  And then we file a petition for writ of mandamus asking the higher court to order the lower court to provide findings of fact while at the same time go file criminal charges against the judge with the pets.
[08:34.900 --> 08:40.900]  And then run the routine on the special agent in charge.
[08:40.900 --> 08:45.900]  You file against him when you don't get any indication that he does anything.
[08:45.900 --> 08:50.900]  Then you file against him with the U.S. Attorney.
[08:50.900 --> 09:01.900]  And when the U.S. Attorney doesn't give notice to the attorney general, we use 535 or 28 U.S. Code 535 file against the U.S. Attorney.
[09:01.900 --> 09:12.900]  Drive him crazy. Every one of these filings puts a mark on their chart, puts a blot on their record that never goes away.
[09:12.900 --> 09:17.900]  So first thing, findings of fact.
[09:17.900 --> 09:20.900]  All right, I will do it. We'll get the ball rolling.
[09:20.900 --> 09:26.900]  Yeah, okay, findings of fact and a motion in abatement. They may not call it abatement.
[09:26.900 --> 09:32.900]  Abatement is an old term, but it's essentially what you want.
[09:32.900 --> 09:35.900]  You want them to stop all proceedings.
[09:35.900 --> 09:40.900]  They're just, you just want to stay of any actions until they can hear this.
[09:40.900 --> 09:47.900]  I suspect that this court wants to dismiss that case.
[09:47.900 --> 09:50.900]  Yeah, they want it out of there.
[09:50.900 --> 10:02.900]  And if they want it out of there, then it's probably the best time not to let it get out of there and keep this threat hanging, the supposed threat hanging over you.
[10:02.900 --> 10:16.900]  Keep you bound at your liberty and forced to adjudicate all these issues because they're not doing their jobs and just keep cranking up what we asked for.
[10:16.900 --> 10:42.900]  At the end of the day, when it goes to a jury and the other side knows this, it doesn't make any difference what you asked for as to whether or not it's reasonable or right or justifiable makes no difference.
[10:42.900 --> 10:55.900]  At the end of the day, when the jury sits down to deliberate, they're going to start from the amount you asked for, and then they're going to make adjustments from there.
[10:55.900 --> 11:01.900]  So the more you ask for, the more you raise the level they're going to work from.
[11:01.900 --> 11:14.900]  So we asked for as much as we can and 11 months in jail for because you filed a federal lawsuit.
[11:14.900 --> 11:19.900]  Yeah, there's no way the feds can let this go.
[11:19.900 --> 11:23.900]  So they've got to know they got a freight train coming out of it.
[11:23.900 --> 11:31.900]  Do you have any comments on how this should go, Brett?
[11:31.900 --> 11:33.900]  No, I don't know a whole lot about the federal.
[11:33.900 --> 11:40.900]  I know that in federal they're required to give findings and conclusions, but I don't know about Alabama.
[11:40.900 --> 11:56.900]  I will just mention that if he uses the Trezevant numbers as a reference point and runs that up to 11 months and then triples that, he's looking at $1.5 billion.
[11:56.900 --> 11:59.900]  That'll work.
[11:59.900 --> 12:03.900]  That's a good place to start from.
[12:03.900 --> 12:16.900]  And, you know, when they ask how you got that number, see, the jury felt like this litigant, his time was worth $1,000 a minute in this case.
[12:16.900 --> 12:21.900]  So that's a precedent you could use.
[12:21.900 --> 12:26.900]  What is it worth to spend 11 months in jail illegally?
[12:26.900 --> 12:32.900]  And what do we need to do to make sure this never happens again?
[12:32.900 --> 12:40.900]  So we start at the $1 billion, that'll work, and let them hone it down.
[12:40.900 --> 12:54.900]  If anything, you can say, honestly, I believe my time is actually worth more than that because his time didn't involve any loss of work, loss of business.
[12:54.900 --> 12:59.900]  It was 23 minutes.
[12:59.900 --> 13:03.900]  How many pounds did you lose in jail every time?
[13:03.900 --> 13:07.900]  I went from 180 down to 149.
[13:07.900 --> 13:09.900]  Wait, say that again?
[13:09.900 --> 13:14.900]  I went from 180 down to 149.
[13:14.900 --> 13:19.900]  Didn't they double your rations at one point?
[13:19.900 --> 13:26.900]  At the end, well, yeah, for the past, for the last three months, yes, they doubled it.
[13:26.900 --> 13:32.900]  So that means they were literally starving you to death?
[13:32.900 --> 13:34.900]  They were, yeah.
[13:34.900 --> 13:37.900]  And let everybody know I'm a vegan, I don't eat meat.
[13:37.900 --> 13:41.900]  And all I had to do was give me vegetables, stuff that didn't have meat in it, dairy and egg.
[13:41.900 --> 13:43.900]  It should be pretty easy.
[13:43.900 --> 13:47.900]  It could save them money.
[13:47.900 --> 14:02.900]  We not only have the fact that you were held in jail for this amount of time, but held in a jail that wasn't adequately ventilated, was not air conditioned.
[14:02.900 --> 14:08.900]  We have a big deal going on in Texas about that right now.
[14:08.900 --> 14:11.900]  You heard about that, Brad?
[14:11.900 --> 14:13.900]  About air conditioning?
[14:13.900 --> 14:15.900]  Yeah.
[14:15.900 --> 14:23.900]  A couple people died in one of the jails recently from heat prostration.
[14:23.900 --> 14:29.900]  And now there's a big lawsuit going on to force them to air condition all over the jails.
[14:29.900 --> 14:40.900]  Well, Don was held illegally all this time and subject to all of this torture.
[14:40.900 --> 14:46.900]  So we go to the jail standard commissions, jail standards commission requirements.
[14:46.900 --> 14:57.900]  And in support of these amounts, we can say that this suit is a private attorney general suit.
[14:57.900 --> 15:09.900]  A suit in Don's benefit and all others similarly situated everybody else in these jails that are being subjected to this kind of mistreatment.
[15:09.900 --> 15:11.900]  You get pretty high.
[15:11.900 --> 15:13.900]  Well, the number ought to go up from there.
[15:13.900 --> 15:16.900]  Oh, it could go up a lot from there.
[15:16.900 --> 15:20.900]  That could justify the $1 billion claim.
[15:20.900 --> 15:33.900]  I mean, don't expect to get that, but it gives you a whole lot of room to deal it down and gives them reason not to air or anything just stupid to happen again.
[15:33.900 --> 15:36.900]  Okay, Don, anything else for us?
[15:36.900 --> 15:37.900]  No, that is it.
[15:37.900 --> 15:39.900]  I appreciate it. Thanks for your help.
[15:39.900 --> 15:41.900]  I'll start writing that up.
[15:41.900 --> 15:43.900]  Okay, and email me.
[15:43.900 --> 15:47.900]  We can talk during the week if you have any questions.
[15:47.900 --> 15:49.900]  All right. Thank you very much.
[15:49.900 --> 15:53.900]  Okay, and give me a hug for me.
[15:53.900 --> 15:54.900]  I will.
[15:54.900 --> 15:59.900]  And look out for that puppy that looks like me.
[15:59.900 --> 16:00.900]  All right.
[16:00.900 --> 16:03.900]  We'll take a picture of it and send it to you.
[16:03.900 --> 16:04.900]  Okay.
[16:04.900 --> 16:06.900]  Thank you.
[16:06.900 --> 16:07.900]  Thank you, Don.
[16:07.900 --> 16:15.900]  Now we're going to go to Tina in California, except that we're about at the end of this segment.
[16:15.900 --> 16:21.900]  So we'll be going to our sponsors and we have our fundraiser on.
[16:21.900 --> 16:27.900]  We're hoping we can get some folks to just donate $1 or $2 a month.
[16:27.900 --> 16:32.900]  That's less than one cup of coffee a month that would help us.
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[16:40.900 --> 16:46.900]  But we do need a bit just to keep our equipment up to date and pay the electric bills, keep things going.
[16:46.900 --> 16:51.900]  So check out our sponsors and check out our fundraiser.
[16:51.900 --> 16:54.900]  Help us keep this radio on there.
[16:54.900 --> 17:04.900]  We'll be right back.
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[18:54.900 --> 19:04.900]  We'll be right back.
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[19:54.900 --> 20:11.900]  Okay, we are back.
[20:11.900 --> 20:17.900]  Randy Kelton, Brett Fountain, RURA Radio, and we're going to Tina in California.
[20:17.900 --> 20:22.900]  Okay, Tina, what do you have for us today?
[20:22.900 --> 20:24.900]  Well, I've got a couple of things.
[20:24.900 --> 20:30.900]  First, I'll ask you for a friend of mine, and then if you've got other people you want to bring in,
[20:30.900 --> 20:36.900]  you can bring me in a little later for my second question, which relates to last night.
[20:36.900 --> 20:39.900]  Because I've been reading what you said.
[20:39.900 --> 20:44.900]  But the one I'm asking for a friend, he's fighting the same thing.
[20:44.900 --> 20:45.900]  Okay, wait, wait, wait, wait.
[20:45.900 --> 20:49.900]  Bring us back up to speed for those who weren't here last night.
[20:49.900 --> 20:55.900]  I'm pretending like I didn't forget what we talked about last night.
[20:55.900 --> 21:00.900]  Have you had another birthday since then?
[21:00.900 --> 21:03.900]  Probably, I just don't remember.
[21:03.900 --> 21:08.900]  Last night we were talking, you guys are crazy.
[21:08.900 --> 21:11.900]  It's a good job you have Brett there to keep you under control.
[21:11.900 --> 21:18.900]  Otherwise, it would be chaos.
[21:18.900 --> 21:20.900]  Somebody has to do that job.
[21:20.900 --> 21:22.900]  It's a difficult one, I know.
[21:22.900 --> 21:24.900]  Your wife's given up.
[21:24.900 --> 21:28.900]  Yes, she gave up a long time ago.
[21:28.900 --> 21:39.900]  She flagged, she indicated when she had given up when she set the ringer on her phone for me as a jackass brain.
[21:39.900 --> 21:42.900]  That's funny.
[21:42.900 --> 21:44.900]  I like that.
[21:44.900 --> 21:50.900]  Anyway, well, we'll do mine first then because the other question is very quick, but it's very interesting.
[21:50.900 --> 22:12.900]  You were talking to me about going through their response to find out if they put any case law into the fact that they claim that I had no standing to do the...
[22:12.900 --> 22:18.900]  No standing because I was not the trustee or the beneficiary.
[22:18.900 --> 22:21.900]  And I looked at a couple of things.
[22:21.900 --> 22:38.900]  One, their demure is made pursuant to CCC 430.10 and is based on the grounds that the cause of action in the complaint is barred by the doctrine of resjudicata that is not mentioned in 430.01.
[22:38.900 --> 22:55.900]  And two, fails to state facts that are sufficient to constitute any cause of action against CIT that is mentioned in 430.01, but I believe I did state sufficient facts.
[22:55.900 --> 23:03.900]  So, resjudicata is not mentioned in 430.01, which they state it's pursuant to CCC.
[23:03.900 --> 23:21.900]  Now, where it goes to the complaint fails as a matter of law because plaintiff is neither a beneficiary nor trustee under the deed of trust and the judge parroted that.
[23:21.900 --> 23:29.900]  They just say it's under CCC 430.10, no case law is cited.
[23:29.900 --> 23:39.900]  And I don't see anything in CCC 430.10 that says I'm neither a beneficiary or trustee.
[23:39.900 --> 23:50.900]  It doesn't say anything like that unless it says the person who filed the feeding does not have the legal capacity to sue, which I do.
[23:50.900 --> 23:55.900]  The court has no jurisdiction of the subject of the cause of action.
[23:55.900 --> 23:59.900]  There's a defect or misjoinder of parties.
[23:59.900 --> 24:02.900]  Perhaps they're thinking it's that.
[24:02.900 --> 24:06.900]  The pleading is uncertain, as used in this subdivision.
[24:06.900 --> 24:14.900]  In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written or implied.
[24:14.900 --> 24:19.900]  No certificate was filed as required by section 41136.
[24:19.900 --> 24:31.900]  So where does it say that the complaint fails as a matter of law because plaintiff is neither a beneficiary nor trustee, you know.
[24:31.900 --> 24:36.900]  Okay, the whole argument is just wrong.
[24:36.900 --> 24:39.900]  This is not a complaint.
[24:39.900 --> 24:41.900]  No.
[24:41.900 --> 24:43.900]  You're not a complainant.
[24:43.900 --> 24:46.900]  You're not a plaintiff.
[24:46.900 --> 24:50.900]  You are a petitioner.
[24:50.900 --> 24:53.900]  There is no complaint before the court.
[24:53.900 --> 24:57.900]  There is only a question on point of law.
[24:57.900 --> 25:10.900]  The court keeps attempting to convert a petition for declaratory judgment into a civil suit.
[25:10.900 --> 25:19.900]  Now, you mentioned last night that there's something about applying the practice of law out of the mouth when there's no case law decided.
[25:19.900 --> 25:27.900]  And I didn't quite get what you meant or the right wording there.
[25:27.900 --> 25:41.900]  I imagine the attorney is making a statement of law.
[25:41.900 --> 25:57.900]  Yeah, everything I read that they did, it's all about every other lawsuit that their whole claim apart from the fact that they say I'm neither a beneficiary nor trustee under the deed of trust.
[25:57.900 --> 26:12.900]  That all goes to standing to file a complaint.
[26:12.900 --> 26:16.900]  A petition for a redress of a claim.
[26:16.900 --> 26:20.900]  You're not petitioning for redress of a claim.
[26:20.900 --> 26:25.900]  You're merely questioning a point of law.
[26:25.900 --> 26:32.900]  Randy, would a lawyer ever bring bad law to the court?
[26:32.900 --> 26:34.900]  Wait, breathe what?
[26:34.900 --> 26:41.900]  Would a lawyer ever bring, rattle off some law, cite something that actually doesn't apply?
[26:41.900 --> 26:49.900]  Oh, you ought to be ashamed of yourself to even think such a thing.
[26:49.900 --> 26:54.900]  You are not going to get any Christmas cards from me, lawyers, this year.
[26:54.900 --> 26:56.900]  Do you understand that?
[26:56.900 --> 27:00.900]  Oh, well.
[27:00.900 --> 27:03.900]  Yes, that's their job.
[27:03.900 --> 27:11.900]  If they don't have an argument, their job is to misdirect the court.
[27:11.900 --> 27:18.900]  Have you grieved him for failing to speak with candor to the court?
[27:18.900 --> 27:29.900]  Yes, that's on my list along with his promissory flawed by promising to send me something that he refuses to do.
[27:29.900 --> 27:32.900]  But do you just speak with candor to the court?
[27:32.900 --> 27:33.900]  I like that.
[27:33.900 --> 27:42.900]  You might be at the point where you might want a petition to disqualify the judge for incompetence.
[27:42.900 --> 27:45.900]  You mean because he's allowing all this?
[27:45.900 --> 27:59.900]  The argument, this is a petition for declaratory judgment and this judge is addressing irrelevant issues.
[27:59.900 --> 28:01.900]  They've already been challenged.
[28:01.900 --> 28:06.900]  Tina's already challenged the fact that the issues are irrelevant.
[28:06.900 --> 28:14.900]  And the judge keeps going back to those issues as if this were a civil suit.
[28:14.900 --> 28:17.900]  And this is what we addressed before she ever filed it.
[28:17.900 --> 28:21.900]  These guys never know how to handle a petition for declaratory judgment.
[28:21.900 --> 28:29.900]  And in your favor here is the fact that it is a declaratory judgment.
[28:29.900 --> 28:33.900]  The judge is handling it as if it is a complaint.
[28:33.900 --> 28:42.900]  And this is something that doesn't go to the banks or to any special influence.
[28:42.900 --> 28:49.900]  It goes to an issue where the supreme needs to give direction.
[28:49.900 --> 29:05.900]  The supreme needs to give direction to the lower court on how to implement the intent of the legislation that established the right to file a petition for declaratory judgment.
[29:05.900 --> 29:08.900]  Clearly they don't understand it.
[29:08.900 --> 29:25.900]  And in what you're telling me about the way the judge is responding, it becomes clear that the judge simply cannot wrap her head around a declaratory judgment petition.
[29:25.900 --> 29:30.900]  She just keeps going back to a civil lawsuit, which this is not.
[29:30.900 --> 29:35.900]  Hang on, about to go to our sponsors.
[29:35.900 --> 29:41.900]  We'll pick this up on the other side to check out our fundraiser.
[29:41.900 --> 29:48.900]  And the main thing to check on is Randy's beer fund.
[29:48.900 --> 29:50.900]  Oh, it's pitiful.
[29:50.900 --> 29:52.900]  It is just shameful.
[29:52.900 --> 29:57.900]  Even though I don't drink beer anymore, it's still shameful.
[29:57.900 --> 30:02.900]  We'll be right back.
[30:02.900 --> 30:11.900]  Keep your voice down. The government now has Russian technology that matches identities to voices so it can tell who's doing the talking.
[30:11.900 --> 30:15.900]  I'm Dr. Catherine Albright. Back to tell you how it works after this.
[30:15.900 --> 30:21.900]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:21.900 --> 30:26.900]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.900 --> 30:31.900]  So protect your rights. Say no to surveillance and keep your information to yourself.
[30:31.900 --> 30:34.900]  Privacy, it's worth hanging on to.
[30:34.900 --> 30:41.900]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[30:41.900 --> 30:45.900]  Start over with StartPage.
[30:45.900 --> 30:53.900]  Since 2001, when the Patriot Act opened the doors to electronic surveillance, Big Brother has gone crazy vacuuming up all of our data.
[30:53.900 --> 30:58.900]  Now it has a new tactic, courtesy of our former communist allies, the Russians.
[30:58.900 --> 31:05.900]  It's called voice grid nation, and it analyzes and identifies voices courtesy of Russia's Speech Technology Center.
[31:05.900 --> 31:11.900]  When authorities intercept a call, the speaker's voice is compared to millions of others, like a fingerprint.
[31:11.900 --> 31:14.900]  How long does it take for a match? Three seconds.
[31:14.900 --> 31:21.900]  So watch what you say on the phone, comrades, whether you say your name or not, Big Brother may know who's talking.
[31:21.900 --> 31:30.900]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[31:30.900 --> 31:33.900]  I lost my son. My uncle. My uncle. My uncle.
[31:33.900 --> 31:35.900]  On September 11, 2000, boy.
[31:35.900 --> 31:39.900]  Most people don't know that a third tower fell on September 11.
[31:39.900 --> 31:43.900]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:43.900 --> 31:47.900]  Although the official explanation is that fire brought down building 7,
[31:47.900 --> 31:52.900]  1,200 architects and engineers, looked into the evidence, and believed there is more to the story.
[31:52.900 --> 31:55.900]  Bring justice to my son. My uncle. My nephew. My son.
[31:55.900 --> 32:00.900]  Go to building what.org. Why it fell, why it matters, and what you can do.
[32:00.900 --> 32:06.900]  Hey, it's Danny here for Hill Country Home Improvements. Did your home receive hail or wind damage from the recent storms?
[32:06.900 --> 32:10.900]  Come on, we all know the government caused it with their chemtrails, but good luck getting them to pay for it.
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[32:45.900 --> 32:50.900]  So if those out-of-town roofers come knocking, your door should be locked in.
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[32:56.900 --> 32:58.900]  Discounts are based on full roof replacement.
[32:58.900 --> 33:01.900]  I mean, I actually be kidding about chemtrails.
[33:01.900 --> 33:11.900]  Live free speech radio, LogosRadioNetwork.com.
[33:31.900 --> 33:49.900]  I won't let you pull the wall over my eyes
[33:49.900 --> 33:57.900]  They must refuse your news or soak up in lies
[33:57.900 --> 34:05.900]  It seems you like to fail, but please take some words to the wise
[34:05.900 --> 34:14.900]  Please stop trying to pull the wall over my eyes
[34:14.900 --> 34:25.900]  Okay, we are back. Randy Kelton, Brett Fountain, Rural Raw Radio on this Friday, the 18th day of October, 2019.
[34:25.900 --> 34:29.900]  And we're talking to Tina in California.
[34:29.900 --> 34:42.900]  Okay, Tina, this is a good case that the Supreme is actually likely to pick up.
[34:42.900 --> 34:45.900]  Can you tell them that the California Supreme Court?
[34:45.900 --> 34:58.900]  Yes, and because it's clearly where the court is giving, the Supreme wants to give direction to the lower courts.
[34:58.900 --> 35:01.900]  They're not so concerned about you or I.
[35:01.900 --> 35:12.900]  They're more concerned about teaching the lower courts or directing the lower courts into how to adjudicate the cases.
[35:12.900 --> 35:23.900]  And since declaratory judgment is relatively new and not used a lot, the courts need some direction here.
[35:23.900 --> 35:30.900]  And your case is shaping up to go directly to the direction that's needed.
[35:30.900 --> 35:43.900]  You're claiming declaratory, you're stating no claims against the other party, and the judge is saying that you don't have the standing to make a claim.
[35:43.900 --> 35:51.900]  Well, duh, I didn't make one start with.
[35:51.900 --> 36:01.900]  They're so used to only doing claims, you know, the judge was a lawyer before she became a judge and they litigate claims.
[36:01.900 --> 36:05.900]  And now you're asking them to litigate something that's not a claim.
[36:05.900 --> 36:16.900]  It was interesting when I put this in, they don't know how to categorize it when you don't put complaint and you put petition.
[36:16.900 --> 36:23.900]  It looks like, what is it? Yeah, that seems to be what's consistent here.
[36:23.900 --> 36:30.900]  She keeps trying to bring you in a position to where you're arguing the sufficiency of the complaint.
[36:30.900 --> 36:32.900]  But there is no complaint.
[36:32.900 --> 36:37.900]  So it's an improper argument.
[36:37.900 --> 36:47.900]  No, we'll keep going with it. The question is, when you say that the blog is the authority for failing to speak with candidates at the court, there's a few times you've done that.
[36:47.900 --> 36:51.900]  But I also want to go after making a prompt promise.
[36:51.900 --> 36:56.900]  Those are two separate blogging decisions.
[36:56.900 --> 37:05.900]  You may make them quite a bit apart and use this lawyer as a chomp.
[37:05.900 --> 37:17.900]  He's making these irrelevant arguments and grieving for each relevant argument that he makes and accusing him of deliberately attempting to misdirect the court.
[37:17.900 --> 37:22.900]  Because they are required to speak with candor.
[37:22.900 --> 37:26.900]  And when Randy says, put him a bit apart, what he's talking about is time-wise.
[37:26.900 --> 37:32.900]  So if you file him like one day after the other, they lump them together and consider it as one grievance.
[37:32.900 --> 37:37.900]  But if you don't wait like a week, then they don't.
[37:37.900 --> 37:47.900]  Oh, they do. I did it in the same lawyer, too, over a month apart and they lumped them together and closed the case.
[37:47.900 --> 37:54.900]  Really? In Texas, they're required to resolve it in 30 days.
[37:54.900 --> 38:05.900]  They're coming for you. Their real problem is that their insurance carrier is not going to lump them together.
[38:05.900 --> 38:15.900]  So they're not going to tell you that this is a result that you get that you don't hear. Tina, did you hear the audio we played early in the show?
[38:15.900 --> 38:20.900]  Yes. Yes, I did.
[38:20.900 --> 38:26.900]  That's what they don't want you to know.
[38:26.900 --> 38:31.900]  I can't work with a sword in my throat and a gun in my head.
[38:31.900 --> 38:36.900]  Poor baby, boo-hoo.
[38:36.900 --> 38:47.900]  Well, our state bar does not even allow me to receive his written response. It's a secret, they say.
[38:47.900 --> 38:56.900]  The hard thing about this is you have a bar that you know is not doing this job.
[38:56.900 --> 39:06.900]  And you still want to have that expectation that you actually have some protections from your own government.
[39:06.900 --> 39:17.900]  So we need to think that we have this protection. It's hard to accept that you don't and go to the other remedy.
[39:17.900 --> 39:32.900]  And the bar grievance, the insurance company is the other remedy. It's going to hammer them good and they're going to do everything they can to hide the fact that it hammers them good.
[39:32.900 --> 39:40.900]  Well, I'm going to keep going because it's my only remedy against him, but he's going to get a bar grievance this for the next year.
[39:40.900 --> 39:43.900]  Probably.
[39:43.900 --> 39:54.900]  Because I'm going to go against him. Now, my second question, let me go to this room because you'll find this interesting because it was talking about something was before on this.
[39:54.900 --> 40:06.900]  A letter was sent for a friend from his attorney. She's not great, but, you know, he's always desperate for help because he's too hotheaded to do it himself.
[40:06.900 --> 40:16.900]  And she they're trying to depose a witness and it's somebody who notarized something deposition or whatever it was.
[40:16.900 --> 40:28.900]  They notarized something in this case. And it could have been an accounting or whatever it was. And the person was Marissa broils, an employee of Citbank.
[40:28.900 --> 40:47.900]  And the she was trying to serve a subpoena for deposition, because he comes and and this is in Florida and the original service address was sent to Citbank in California where they had called it because they bought at one west.
[40:47.900 --> 41:10.900]  And he sent me a copy of the letter and it says that latest status three thirty six p.m. per the front desk at Pasadena personal service is not allowed on any employee of Citbank.
[41:10.900 --> 41:13.900]  Okay, say that again.
[41:13.900 --> 41:21.900]  As personal service is not allowed on any employee of Citbank.
[41:21.900 --> 41:29.900]  The attorney was trying to serve a subpoena on this person who had signed this document. They wanted to depose them.
[41:29.900 --> 41:49.900]  Okay, he said is not allowed. That implies that there is something that disallows this. Did the lawyer expound on what it was that disallowed personal service on any employees.
[41:49.900 --> 42:12.900]  This is just, you know, the attorney sent the subpoena to a process server to serve the employee at the Citbank. And it's just, you know, this is the letter coming back to them is this is an automated message relating to the job number, the party to be served, the documents to be served.
[42:12.900 --> 42:26.900]  This is the subpoena for deposition and the case info. And then it just says, you know, personal service is not allowed on any employee of Citbank.
[42:26.900 --> 42:36.900]  So how do you serve a subpoena on someone who needs to depose? And is this, is this right? Is this just trying to get out of it? Have you ever seen this?
[42:36.900 --> 42:52.900]  Okay, well, wait a minute. And that was relatively easy. You then does in California, I know they have companies that are for the purpose of accepting service.
[42:52.900 --> 43:03.900]  Does Citbank have some company office or person designated to accept service?
[43:03.900 --> 43:26.900]  The last I saw and it could have changed is that that person, you know, was, was not there. They had like this desk. And I'm not sure I have to research it might, you know, the secretive state, but you would think the attorney in Florida would
[43:26.900 --> 43:43.900]  understand that and all the research of the secretive state of it to find out. But it is very confusing because I went on there before and it's very confusing of who used, who is the agent to service a person.
[43:43.900 --> 43:58.900]  Okay, the only limitations on service are statutory limitations on service. They're not company policy limitations on service. So you don't really care what they say. We'll be right back.
[43:58.900 --> 44:24.900]  Okay.
[44:24.900 --> 44:50.900]  We'll be right back.
[44:50.900 --> 45:16.900]  We'll be right back.
[45:16.900 --> 45:42.900]  We'll be right back.
[45:42.900 --> 46:01.900]  We'll be right back.
[46:12.900 --> 46:41.900]  We'll be right back.
[46:41.900 --> 46:49.900]  Okay, we are back. Randy Kelton, Brett Fountain, Roodle Law Radio, and we're talking to Tina in California.
[46:49.900 --> 47:09.900]  And yeah, we were kind of talking about this on the break in serving banks in California. Often the banks don't want people coming into their bank serving their employees in front of other clients.
[47:09.900 --> 47:20.900]  So they designate an agent to accept service. And most of the time, there are companies in California that that's all they do.
[47:20.900 --> 47:40.900]  They accept service for other companies and other people so that, you know, if you're a doctor, a prominent doctor or something and you have a lobby full of patients and you don't want somebody to come in there serving you while you're
[47:40.900 --> 47:51.900]  peering patients. So they designate this company to accept service for. Well, they can do that because service, notice to the agents, notice to the principal.
[47:51.900 --> 48:01.900]  But they can't say, well, you can't serve our people in our building on our property because we don't want you to.
[48:01.900 --> 48:17.900]  That's avoiding service. In Texas, that's a felony. So they can't just decide they want to do this. They have to provide you with an agent. Did they do that, Tina?
[48:17.900 --> 48:37.900]  No, they didn't. Not in this letter that I can see that they responded to. What they did say is more detailed status is, well, it's a thank you captain, captain and captain process server.
[48:37.900 --> 48:49.900]  And then more detailed status is available at pspprosstatus.net. And I've been trying to get on the.
[48:49.900 --> 49:12.900]  Yeah, just check, just go to that company or location. And if you can contact them with phone or email, ask them if they are designated to accept service for Chase or whoever it is.
[49:12.900 --> 49:21.900]  I don't find them on the Secretary of State's website under sit bank. I don't find them under one West Bank, which was their former name.
[49:21.900 --> 49:28.900]  Oh, then they give you a company to accept service that doesn't exist.
[49:28.900 --> 49:36.900]  Then you just file a complaint for avoidance of service and ask the court to authorize service by publication.
[49:36.900 --> 49:47.900]  Yeah, okay. Try that one on. They want to try to hide service. Yeah, it works for them. Then they don't get service, but you get to do it.
[49:47.900 --> 49:56.900]  And all you do is file it in a newspaper and newspapers have sections just for that.
[49:56.900 --> 49:57.900]  Correct.
[49:57.900 --> 50:06.900]  For giving notice. If you can't find them and they tell you you can't come in their building to do it, then do it by publication.
[50:06.900 --> 50:17.900]  Make sure and they have to make sure they've read all of the publications so that they have the notice. Otherwise, they have this fight.
[50:17.900 --> 50:32.900]  Okay. It's very interesting that they're constantly changing their name to, you know, a few states as they call it. I mean, they just want to hide their real identity.
[50:32.900 --> 50:40.900]  Charge them for avoidance of service. Check California law and make sure they have a statute on that.
[50:40.900 --> 50:46.900]  It's a felony in Texas, so good chance California has a statute on it.
[50:46.900 --> 50:54.900]  Okay. Good. Well, I'll check that and then I'll keep going on mine and I'm getting ready to start these bug grievances against this attorney.
[50:54.900 --> 50:57.900]  He's really going to get pissed off. I love it.
[50:57.900 --> 51:05.900]  Good, good. Well, Tina, one other thing. You said the website they gave you was ProStatus.net.
[51:05.900 --> 51:24.900]  I just pulled that up and it looks like it's a coming soon website that they haven't finished building and it's not offering it's a bunch of lorem ipsum and it does have a California address and a phone number, but it looks like a trucking company providing pro service.
[51:24.900 --> 51:36.900]  Yeah, pstprostatus.net.
[51:36.900 --> 51:46.900]  Okay, that's not the one I was looking at. Okay, so this one you have to have a username and a password to get into.
[51:46.900 --> 51:54.900]  So, how does one get that? You think it's Tony who's- That'll work for avoidance of service.
[51:54.900 --> 51:55.900]  Yeah.
[51:55.900 --> 52:15.900]  So, if you don't have a statute making it a crime, then since they've obfuscated access, then you simply go to the court and ask for permission to do a service by publication that you've exercised due diligence in an effort to serve.
[52:15.900 --> 52:25.900]  And the company or the entity has taken action to prevent service and that should get you service by publication.
[52:25.900 --> 52:36.900]  Yeah, it's kind of interesting that they're trying every which way to avoid having this woman who finds some documents or a sense of assignment to come and be deposed.
[52:36.900 --> 52:40.900]  They do not want her deposed.
[52:40.900 --> 52:46.900]  You can find out, okay, get a private investigator to find out where she lives.
[52:46.900 --> 52:47.900]  Mm-hmm.
[52:47.900 --> 52:56.900]  And what you do is you pay the pizza guy to put it under the pizza and send him the pizza.
[52:56.900 --> 53:04.900]  Oh, that's clever. I like that. I like that.
[53:04.900 --> 53:10.900]  There's lots of faces, leaking this in there.
[53:10.900 --> 53:16.900]  I got to remember that when I need to serve somebody. Oh, that is so clever.
[53:16.900 --> 53:19.900]  I love it. Thank you for that, Ted. Very good.
[53:19.900 --> 53:22.900]  Okay. Do you have anything else for us, Tina?
[53:22.900 --> 53:27.900]  No, no, no. That's great. And I'll go into listen mode for the rest of the shoes.
[53:27.900 --> 53:33.900]  Okay. Thank you, Tina. Now we're going to go to Ken in New York. Hello, Ken.
[53:33.900 --> 53:36.900]  Hi, Randy. Hi, Brett.
[53:36.900 --> 53:43.900]  I just have some comments. I'm really impressed with Tina.
[53:43.900 --> 53:52.900]  Because as I said before, I remember the first time when she called up and the point that she's getting to now,
[53:52.900 --> 54:02.900]  I'm not insulting you, Tina. I'm just wondering if she's ready to be inducted into the Bad Grandma's Club.
[54:02.900 --> 54:08.900]  I think she's getting close. Well, she's actually being tutored by Bad Grandma.
[54:08.900 --> 54:15.900]  Okay. So I think that would be appropriate, but we have to come up with some kind of a ceremony,
[54:15.900 --> 54:22.900]  but the only one I know from my people over here is, you know, you put your hand out,
[54:22.900 --> 54:28.900]  you put a paper towel, you light it, and then you try to recite notes before the paper burns down the hand.
[54:28.900 --> 54:36.900]  I don't think that would really be appropriate for this. I think you can come up with something a little more creative.
[54:36.900 --> 54:50.900]  This is especially cool what Tina's doing is all of this now is about beating up the lawyer and the judges and everybody else in court,
[54:50.900 --> 55:05.900]  just holding them to their own rules of law. But at the end of the day, I have a notion that if she gets an order directing the lawyer
[55:05.900 --> 55:16.900]  to give her this note he has testified that he has, then lo and behold, it's going to come out that he never had it in the first place.
[55:16.900 --> 55:23.900]  And that's why he's so desperate to keep from having to show this note.
[55:23.900 --> 55:26.900]  Oops, I lost it.
[55:26.900 --> 55:33.900]  Yeah, yeah, yeah, yeah, he testified at the court that he had it.
[55:33.900 --> 55:40.900]  And based on that, the court went ahead and let him foreclose.
[55:40.900 --> 55:44.900]  What if he doesn't have it? What if he never had it?
[55:44.900 --> 55:50.900]  He simply claimed he did. That's what I think is going on here.
[55:50.900 --> 56:03.900]  This lawyer is willing to go through all of this litigation and have Tina stand up in front of the judge and just break him over the coals.
[56:03.900 --> 56:09.900]  And all he would have to do is hand her the note. I think everybody knows he doesn't have it.
[56:09.900 --> 56:16.900]  Everybody knows the foreclosure wasn't proper.
[56:16.900 --> 56:20.900]  That's my opinion.
[56:20.900 --> 56:24.900]  Then you should stick to it.
[56:24.900 --> 56:35.900]  Earlier on in the show you said you talked about turning the case. Isn't that one of your favorite terms called baritry?
[56:35.900 --> 56:40.900]  It goes to baritry. Baritries are somewhat different.
[56:40.900 --> 56:47.900]  Baritry is where you seek professional employment.
[56:47.900 --> 56:57.900]  Or you do something that creates litigation that you would get to rejudicate.
[56:57.900 --> 57:05.900]  Turning is after your in litigation is you take actions that increase the cost of litigation.
[57:05.900 --> 57:11.900]  You file frivolous motions that the other side then has to answer.
[57:11.900 --> 57:19.900]  And you go to court and you charge your client for going to court and the judge throws out your motions.
[57:19.900 --> 57:28.900]  There's nonsense motions filed so that the lawyer gets to bill more time. That's churning.
[57:28.900 --> 57:31.900]  I'm asking for delays.
[57:31.900 --> 57:33.900]  For delays' sake.
[57:33.900 --> 57:40.900]  And baritry is where the guy comes up to you and says, hey, you just been in this accident.
[57:40.900 --> 57:45.900]  And I know they're putting you in the ambulance here, but I'm an attorney.
[57:45.900 --> 57:52.900]  And you can sue this guy that hit you and you say, when I run the red light, I don't make any difference.
[57:52.900 --> 57:59.900]  You can still sue this guy. He should have, he had the last opportunity to avoid the accident and he wasn't able to do it.
[57:59.900 --> 58:01.900]  So you can sue it.
[58:01.900 --> 58:04.900]  And I can represent you. That's baritry.
[58:04.900 --> 58:13.900]  Come back. I have identified another creature in the legal world that swims around in the shallow pool.
[58:13.900 --> 58:17.900]  Are we on the break or close to it?
[58:17.900 --> 58:19.900]  We're getting close.
[58:19.900 --> 58:21.900]  That's 30 more seconds.
[58:21.900 --> 58:25.900]  This is Randy Kelton, Brett Fountain with our radio.
[58:25.900 --> 58:30.900]  And we're about to go to our sponsors.
[58:30.900 --> 58:33.900]  Is this the time of the hour?
[58:33.900 --> 58:35.900]  Yeah, this time of the hour. So it's three minute break.
[58:35.900 --> 58:44.900]  You have time to check out our sponsors and look into the fundraiser and help us support this station.
[58:44.900 --> 58:49.900]  We'll be right back.
[58:49.900 --> 58:53.900]  Would you like to make more definite progress in your walk with God?
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[59:44.900 --> 59:49.900]  Or visit us online at bfa.org.
[59:49.900 --> 59:59.900]  You're listening to the Logos Radio Network at www.logosradionetwork.com.
[59:59.900 --> 01:00:05.900]  The following news flash is brought to you by The Lowest Star Lowdown.
[01:00:05.900 --> 01:00:16.900]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:16.900 --> 01:00:27.900]  oil, Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:27.900 --> 01:00:41.900]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:41.900 --> 01:00:56.900]  Today in history, the year 1916, the preparedness day bombing, a time suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade,
[01:00:56.900 --> 01:00:59.900]  killing 10 and injuring 40.
[01:00:59.900 --> 01:01:03.900]  Today in history.
[01:01:03.900 --> 01:01:12.900]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing Hemp into Texas law back in June, county prosecutors around the state,
[01:01:12.900 --> 01:01:18.900]  including Houston, Austin, and San Antonio, have been dropping marijuana possession charges and even refusing to file new ones,
[01:01:18.900 --> 01:01:24.900]  since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC.
[01:01:24.900 --> 01:01:32.900]  Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:32.900 --> 01:01:41.900]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter that county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:01:41.900 --> 01:01:51.900]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other cities, too, like the district attorney in El Paso,
[01:01:51.900 --> 01:02:00.900]  Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:00.900 --> 01:02:07.900]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote,
[01:02:07.900 --> 01:02:12.900]  the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:12.900 --> 01:02:21.900]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:21.900 --> 01:02:38.900]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:38.900 --> 01:02:53.900]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.900 --> 01:03:00.900]  This was Book Roadie with the Lowdown for July 22, 2019.
[01:03:00.900 --> 01:03:12.900]  Ž
[01:03:12.900 --> 01:03:21.900]  Yeah, we're story, that's why I'm going to quit
[01:03:21.900 --> 01:03:28.900]  I will lie to my mother-in-law until he returns
[01:03:28.900 --> 01:03:32.900]  I will lie to my mother-in-law
[01:03:32.900 --> 01:03:36.900]  Because I've been with this faith and with God
[01:03:36.900 --> 01:03:43.900]  I will hate my concern, I will lie to my mother-in-law
[01:03:43.900 --> 01:03:48.900]  Yeah, I will lie to my mother-in-law
[01:03:48.900 --> 01:03:53.900]  Okay, we are back, Randy Kelton, Brett Fountain, Rue LaRaeo
[01:03:53.900 --> 01:03:56.900]  And we're talking to Ken in New York
[01:03:56.900 --> 01:03:58.900]  Okay, Ken
[01:03:58.900 --> 01:04:06.900]  Okay, the next, you were talking about lower order creatures, I believe, in the legal system
[01:04:06.900 --> 01:04:09.900]  I came across the new one that I never heard before
[01:04:09.900 --> 01:04:15.900]  But I probably came close to being a victim of one
[01:04:15.900 --> 01:04:23.900]  When my father passed away, he left the POD account, you know, payable on death
[01:04:23.900 --> 01:04:26.900]  Which is just outside of probate
[01:04:26.900 --> 01:04:30.900]  It's nothing that the system could touch
[01:04:30.900 --> 01:04:33.900]  And it would override a will
[01:04:33.900 --> 01:04:41.900]  And I've heard of a creature that is on the lower orders along with those
[01:04:41.900 --> 01:04:44.900]  Not too sharp knives in the drawer
[01:04:44.900 --> 01:04:48.900]  Have you ever heard of a probate shark?
[01:04:48.900 --> 01:04:56.900]  No, but I have, there is a very large group out there that are addressing the probate
[01:04:56.900 --> 01:05:02.900]  Probate is probably as corrupt as family law
[01:05:02.900 --> 01:05:06.900]  Absolutely
[01:05:06.900 --> 01:05:09.900]  Everybody needs to get their stuff in trust
[01:05:09.900 --> 01:05:16.900]  You know, my mom is 97, everything's in trust, she owns nothing
[01:05:16.900 --> 01:05:21.900]  So there'll be no probate
[01:05:21.900 --> 01:05:29.900]  Everybody should have everything in trust
[01:05:29.900 --> 01:05:35.900]  Then there's no, everything is in the trust, everything is handled by a trustee
[01:05:35.900 --> 01:05:38.900]  And there's no fighting amongst the kids
[01:05:38.900 --> 01:05:42.900]  And I think the worst thing to happen is when someone passes away
[01:05:42.900 --> 01:05:51.900]  That the children fight with one another over picking their bones
[01:05:51.900 --> 01:06:01.900]  I've instructed my mom and the whole family that if mom passes away, there's only one thing that I want
[01:06:01.900 --> 01:06:07.900]  Must flag to come off my brother's grave, they can have everything else
[01:06:07.900 --> 01:06:15.900]  There will be no fighting, be no picking mom's bones, at least not from my side
[01:06:15.900 --> 01:06:23.900]  And fortunately my family is such that I don't think there'll be any picking anybody's bones from any side
[01:06:23.900 --> 01:06:26.900]  That's a nice thing to be able to say
[01:06:26.900 --> 01:06:29.900]  But probate is really a problem, I haven't heard
[01:06:29.900 --> 01:06:35.900]  You're probably speaking to something particular when you say probate shark
[01:06:35.900 --> 01:06:41.900]  Because all these probate lawyers, they're just there to steal everything they can
[01:06:41.900 --> 01:06:46.900]  What specifically are you referencing here?
[01:06:46.900 --> 01:06:55.900]  Well, from what I understand they swim around on the pool and I guess they are trying to get a judge to appoint them
[01:06:55.900 --> 01:07:01.900]  To handle a probate case, does that sound about right?
[01:07:01.900 --> 01:07:02.900]  Yes
[01:07:02.900 --> 01:07:04.900]  Does handle mean take the money?
[01:07:04.900 --> 01:07:12.900]  Yes, exactly what it means, they steal everything they can and the judges tend to be a part of it
[01:07:12.900 --> 01:07:16.900]  Yes, and for that I was going to mention something else
[01:07:16.900 --> 01:07:23.900]  Now I may have once again discovered something, a person that everybody else knows about
[01:07:23.900 --> 01:07:27.900]  Have you ever heard of a woman named Janet Phelan?
[01:07:27.900 --> 01:07:34.900]  Oh yeah, she just got PO'd at Trump
[01:07:34.900 --> 01:07:45.900]  Well, there was more than that, I mean she spent a great deal of time and nearly may have been in danger of losing a life over
[01:07:45.900 --> 01:07:58.900]  Exposing the judges that remortgaged their property over and over again and somehow mysteriously gets paid off and nobody can ever seem to find out with it
[01:07:58.900 --> 01:08:10.900]  Okay, wait a minute, I was thinking of Janet Phelan, that's not who you're talking about, you're talking about Phelan who's in Mexico right now
[01:08:10.900 --> 01:08:14.900]  I'm sorry, say again
[01:08:14.900 --> 01:08:17.900]  Okay, what was the name you referenced again?
[01:08:17.900 --> 01:08:32.900]  Okay, Janet Phelan, she is the one that got me in contact with this probate group, I've had her on the show before
[01:08:32.900 --> 01:08:47.900]  The probate group in Florida, she got me, she's trying to get me set up as a speaker there at a convention they were having in a similar east coast to Florida somewhere
[01:08:47.900 --> 01:08:52.900]  Where's Cockroach Bay?
[01:08:52.900 --> 01:08:58.900]  I lost two towns next to each other, northeast Florida
[01:08:58.900 --> 01:09:02.900]  Talking about Boca Raton
[01:09:02.900 --> 01:09:06.900]  No, no, no, that's Boca Raton's down by Fort Lauderdale
[01:09:06.900 --> 01:09:11.900]  I'll think of it in a second
[01:09:11.900 --> 01:09:19.900]  Just down from the Panhandle is two cities, Cockroach Bay is in between
[01:09:19.900 --> 01:09:31.900]  Annoying, this gets worse, anyway, they had a big meeting down there and it didn't work out, they were going to have me come in as a speaker
[01:09:31.900 --> 01:09:39.900]  But their big deal was, is the corruption in the probate courts
[01:09:39.900 --> 01:09:42.900]  So yes, I'm familiar with her
[01:09:42.900 --> 01:09:51.900]  Well, I think it could be more than just the probate court, that has nothing to do with the probate chart
[01:09:51.900 --> 01:10:09.900]  If you want a motion requesting the information that Janet talks about, I took what she had and then did some digging of my own and put together a motion for financial disclosure for judges
[01:10:09.900 --> 01:10:22.900]  And the thing that puzzles me is, based on what I've read about this, it seems like they can't seem to find out where the payment comes
[01:10:22.900 --> 01:10:27.900]  Pay off the remortgaging that these judges take out
[01:10:27.900 --> 01:10:36.900]  And it seems to me that they should be going after the banks because the swift system knows, and I'm sure the bank knows
[01:10:36.900 --> 01:10:41.900]  And I've never seen anything about anyone going after the bank
[01:10:41.900 --> 01:10:52.900]  Yeah, and that's a good point because, you know, you can't put money in my account without the bank checking everything
[01:10:52.900 --> 01:10:55.900]  Right, everybody plays dumb
[01:10:55.900 --> 01:11:01.900]  Yeah, so whoever's paying these large sums off the bank has to know where it's coming from
[01:11:01.900 --> 01:11:06.900]  But banks don't have the same requirement to disclose something when you ask them
[01:11:06.900 --> 01:11:10.900]  They can be private if they want to, even if they internally know
[01:11:10.900 --> 01:11:14.900]  I'm wondering about, is there something like this when you're mortgaging
[01:11:14.900 --> 01:11:21.900]  SEC know your customer in AML, anti-money laundering
[01:11:21.900 --> 01:11:27.900]  They have some really strict requirements they're required to go by, but they don't
[01:11:27.900 --> 01:11:35.900]  I'm wondering about when they do this mortgaging stuff, doesn't it go through some, I don't know, Fannie Mae and all that stuff
[01:11:35.900 --> 01:11:40.900]  Is there any kind of government involvement that you can hit the government head with the records request?
[01:11:40.900 --> 01:11:50.900]  No, the only time Fannie Mae or Genie Mae or any of these get involved is after the mortgage is made
[01:11:50.900 --> 01:11:59.900]  And the holder of the mortgage sells the obligation to someone else
[01:11:59.900 --> 01:12:11.900]  This is kind of like champerty but not, this is, well they sell at it, I wanted to say derivatives
[01:12:11.900 --> 01:12:16.900]  But it's not exactly derivatives unless they sell it a number of times
[01:12:16.900 --> 01:12:28.900]  But the company creates the mortgage and they go to their fractional reserve account
[01:12:28.900 --> 01:12:35.900]  And they draw out money from the Federal Reserve at ten cents on a dollar
[01:12:35.900 --> 01:12:43.900]  And they use that money to fund this transaction
[01:12:43.900 --> 01:12:47.900]  And then they sell the transaction to a third party
[01:12:47.900 --> 01:12:56.900]  The third party pays them for the transaction, generally 103% of the original amount
[01:12:56.900 --> 01:13:00.900]  So whoever does it makes 3%
[01:13:00.900 --> 01:13:06.900]  And then they take the 90% that was part of the fractional loan
[01:13:06.900 --> 01:13:14.900]  I'm sorry, they take the 10% and they pay it back to the reserve account from which it came
[01:13:14.900 --> 01:13:23.900]  What the idea of this was was to increase the velocity of money without increasing the volume of money
[01:13:23.900 --> 01:13:34.900]  The reason most currencies have always been silver based is because there wasn't enough gold around
[01:13:34.900 --> 01:13:38.900]  If you had to trade in gold it just wasn't enough of it
[01:13:38.900 --> 01:13:42.900]  So it slowed down the velocity of transactions
[01:13:42.900 --> 01:13:47.900]  They had to move around all of this money and put it in other people's hands so they traded back and forth
[01:13:47.900 --> 01:13:53.900]  So they used silver, silver was lighter and it was much more abundant, they could make a lot more coins out of it
[01:13:53.900 --> 01:13:59.900]  And then we went to paper money to fiat currencies
[01:13:59.900 --> 01:14:08.900]  But you increase the amount of paper in order to increase the velocity of money so that transactions could more easily be made
[01:14:08.900 --> 01:14:12.900]  And you wind up with the currency hyperinflating
[01:14:12.900 --> 01:14:18.900]  So the Federal Reserve come up with this great idea, we'll use a fractional reserve account
[01:14:18.900 --> 01:14:28.900]  And these banks can go to their reserve account and pull out money from the account at 10 cents on the dollar
[01:14:28.900 --> 01:14:43.900]  So when they need 100,000 they actually pull 10,000 from their reserve and they get 90,000 from the Federal Reserve
[01:14:43.900 --> 01:14:49.900]  And then when they sell this transaction they get that money back, they give the 90,000 back to the Federal Reserve
[01:14:49.900 --> 01:14:57.900]  So the Federal Reserve creates that money out of the thin air, it's merely a mark on a ledger
[01:14:57.900 --> 01:15:06.900]  And that mark on a ledger gets sold to someone else and the other party puts a mark on the ledger back
[01:15:06.900 --> 01:15:14.900]  And they take that mark and give it back to the Fed and the money goes back to the ether from which it came
[01:15:14.900 --> 01:15:23.900]  So they create the funds needed to do these transactions without increasing the amount of money in the market
[01:15:23.900 --> 01:15:31.900]  Great idea. Oh sure, and you know a while back somebody, oh I'm sorry, Ken
[01:15:31.900 --> 01:15:38.900]  Yeah, it's a great idea but it opens the door for horrendous abuse
[01:15:38.900 --> 01:15:43.900]  Washington Mutual
[01:15:43.900 --> 01:15:47.900]  And what was the other one?
[01:15:47.900 --> 01:15:58.900]  No, the one that got caught with 385 million in a C-130 Herc that they were laundering for the drug cartels
[01:15:58.900 --> 01:16:00.900]  Wacovia
[01:16:00.900 --> 01:16:03.900]  Oh HSBC
[01:16:03.900 --> 01:16:09.900]  Wacovia, they were put out of business by the Fed so was Washington Mutual
[01:16:09.900 --> 01:16:18.900]  The reason being is they were helping the Colombian and Mexican drug cartels launder their money
[01:16:18.900 --> 01:16:30.900]  This is how they did it, they would issue a mortgage, pull and give the impression that they were pulling the funds from their fractional reserve accounts
[01:16:30.900 --> 01:16:35.900]  But they weren't, they were getting it from the drug cartels
[01:16:35.900 --> 01:16:48.900]  And when the money was paid back, it was paid into an account and they could have a record of where the money came from so the money was laundered
[01:16:48.900 --> 01:16:55.900]  The largest money laundering operation in the history of the world will be right back
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[01:19:51.900 --> 01:19:56.900]  Okay, we are back. Randy Kelton, Brett Fountain, Lula Radio
[01:19:56.900 --> 01:20:03.900]  And we're talking to Ken in New York. Okay, Ken, what else do you have for us?
[01:20:03.900 --> 01:20:10.900]  Well, what you just described in great detail is something a clip that I heard elsewhere
[01:20:10.900 --> 01:20:19.900]  that talked about a banker making a speech about how loans create deposits
[01:20:19.900 --> 01:20:28.900]  which sounds completely backward from what normal logic would dictate
[01:20:28.900 --> 01:20:38.900]  All of this is kind of backwards, you know, during the bubble before the real estate boom, the real estate crash
[01:20:38.900 --> 01:20:43.900]  the bankers were issuing loans and they did not want you to pay them back
[01:20:43.900 --> 01:20:46.900]  It sounds counterintuitive
[01:20:46.900 --> 01:20:55.900]  The reason they did that is if they could get your name on a signature on a mortgage
[01:20:55.900 --> 01:21:00.900]  then they would take that mortgage and they would sell it to someone else
[01:21:00.900 --> 01:21:06.900]  and they would get 103% of the original price that the company put out
[01:21:06.900 --> 01:21:14.900]  say 100 grand to mortgage this property, they'd sell it for 103, make 3% on it
[01:21:14.900 --> 01:21:23.900]  and then they would take that same mortgage, change a few lines on it and sell it to somebody else
[01:21:23.900 --> 01:21:29.900]  and each time they would buy a mortgage insurance on policy on it
[01:21:29.900 --> 01:21:34.900]  They were selling these things 50 and 60 times
[01:21:34.900 --> 01:21:39.900]  So each month when you make a mortgage payment, they would make a mortgage payment
[01:21:39.900 --> 01:21:42.900]  Out of this big fund of money they got
[01:21:42.900 --> 01:21:54.900]  Once you have paid it down 15%, now they want to foreclose because the mortgage insurance will pay 85% of the original principle
[01:21:54.900 --> 01:22:00.900]  So they get that 15% paid down and then they want to foreclose
[01:22:00.900 --> 01:22:03.900]  They have to foreclose
[01:22:03.900 --> 01:22:07.900]  Because they've sold it 50 or 60 times
[01:22:07.900 --> 01:22:17.900]  If they're not able to foreclose then they have to pay back all these sales they made
[01:22:17.900 --> 01:22:22.900]  They have to keep making these mortgage payments on non-existent properties
[01:22:22.900 --> 01:22:30.900]  and over the period of the mortgage they'll pay off two and a half times the original amount they got
[01:22:30.900 --> 01:22:32.900]  So it's a really bad deal for them
[01:22:32.900 --> 01:22:38.900]  So they have to force you into foreclosure
[01:22:38.900 --> 01:22:47.900]  And they will pay the bank, say judges, any amount of money they want to get that done
[01:22:47.900 --> 01:22:58.900]  So in conclusion what I was getting toward was that you've talked many times in the past about filing criminal complaints against the judge
[01:22:58.900 --> 01:23:06.900]  And that while you knew the idea behind it was political rather than it was actually going to accomplish
[01:23:06.900 --> 01:23:10.900]  What one would think it would accomplish
[01:23:10.900 --> 01:23:21.900]  What I'm wondering is there a way to file the criminal complaint and somewhere in there imply that you want to go after the judge's finances
[01:23:21.900 --> 01:23:27.900]  because you suspect some child play going on in the finance
[01:23:27.900 --> 01:23:32.900]  So absolutely you can do that but you need some kind of evidence
[01:23:32.900 --> 01:23:41.900]  And the way to find that evidence is to look at the places where the judge has roots
[01:23:41.900 --> 01:23:51.900]  Where he lives now, where he was born and raised, where he lived for 10 or 20 years and now has moved
[01:23:51.900 --> 01:24:01.900]  to that place and checked the public record, the county registrar's office for mortgages in this guy's name or properties in his name
[01:24:01.900 --> 01:24:09.900]  When you have the properties in his name then you look for deeds of trust filed against those properties
[01:24:09.900 --> 01:24:22.900]  And was it Brett that mentioned or the youth that mentioned either Fannie Mae or one of those, those are primary mortgage insurers
[01:24:22.900 --> 01:24:30.900]  These would be like home improvement loans where you would get a secondary mortgage on a house that's already paid
[01:24:30.900 --> 01:24:36.900]  As I understand that most of these mortgages are on houses that are already paid off
[01:24:36.900 --> 01:24:43.900]  And the idea was to go take that once in a lifetime vacation or something
[01:24:43.900 --> 01:24:48.900]  So they would be done more, would they be done more by private investment?
[01:24:48.900 --> 01:24:52.900]  No, they would be, private banks would do that
[01:24:52.900 --> 01:25:07.900]  Fannie Mae and G Mae, they were a conduit for moving properties that were in or approaching foreclosure
[01:25:07.900 --> 01:25:14.900]  They weren't the insurance companies, the insurance companies were, these were derivatives
[01:25:14.900 --> 01:25:27.900]  And this whole thing was a scam, it was all, it was, naked short selling is what caused the depression in 29
[01:25:27.900 --> 01:25:43.900]  After the depression, in 1930 or 31, the Glass-Steagall Act was passed that prevented, that made it a felony to do derivative sales
[01:25:43.900 --> 01:25:54.900]  And then the Glass-Steagall Act, and then there, in 1909 there was a restriction on bucket shops that went to derivatives
[01:25:54.900 --> 01:26:03.900]  Where you could buy a stock and not actually own the stock, not ever take possession of the stock
[01:26:03.900 --> 01:26:09.900]  So you could trade in stocks without actually ever owning the stock
[01:26:09.900 --> 01:26:13.900]  And that was what led to naked short selling
[01:26:13.900 --> 01:26:34.900]  And derivative sales was where you could purchase a property or a mortgage and then buy multiple insurance policies on it
[01:26:34.900 --> 01:26:40.900]  That was after 1929, that was all forbidden
[01:26:40.900 --> 01:26:51.900]  In the year 2000, in 1999, the legislature overturned the restriction on derivative sales
[01:26:51.900 --> 01:27:01.900]  And the last thing the legislature did in the year 2004 at closed time dye was repeal the Glass-Steagall Act
[01:27:01.900 --> 01:27:09.900]  So they opened the door for the real estate boom at the beginning of this century
[01:27:09.900 --> 01:27:37.900]  In 19, and it's been too long since I've presented this, but 2007, the restriction on naked short selling was removed
[01:27:37.900 --> 01:27:53.900]  In July of 2007, in August of 2007, naked short selling was used to bankrupt Sherson Lehman
[01:27:53.900 --> 01:27:57.900]  And engineered the crash in 2008
[01:27:57.900 --> 01:28:03.900]  It was engineered exactly the same way it was engineered in 1929
[01:28:03.900 --> 01:28:07.900]  I watched all of it
[01:28:07.900 --> 01:28:10.900]  You watched the one in 29?
[01:28:10.900 --> 01:28:14.900]  No, not that one. My mother might have
[01:28:14.900 --> 01:28:19.900]  No, I mean, I paid attention to all of what was going on
[01:28:19.900 --> 01:28:27.900]  Not that I understood it all, but I had no idea Don was having the trouble that he was having
[01:28:27.900 --> 01:28:33.900]  And I would suggest that if he wants to get a decent meal, he should claim that he's a mausoleum
[01:28:33.900 --> 01:28:41.900]  And if that's unpalatable to him, he could just call himself one of God's chosen, which would be closer to the truth
[01:28:41.900 --> 01:28:44.900]  Even if he's a Christian
[01:28:44.900 --> 01:28:46.900]  He is very much a Christian
[01:28:46.900 --> 01:28:50.900]  That is horrible. I was wondering where he went. I had no idea
[01:28:50.900 --> 01:28:53.900]  Yeah, they trapped him in there
[01:28:53.900 --> 01:28:56.900]  But we're going to take care of him
[01:28:56.900 --> 01:29:02.900]  Okay, I do need to move on. We've got two more callers. I have two segments
[01:29:02.900 --> 01:29:04.900]  Sure. Good night
[01:29:04.900 --> 01:29:09.900]  Thank you, Ken. You always make a good guess. It's a good caller
[01:29:09.900 --> 01:29:17.900]  Okay, good night, Ken. Now we're going to Shane in New York. Hello, Shane
[01:29:17.900 --> 01:29:23.900]  What do you have for us today?
[01:29:23.900 --> 01:29:27.900]  Hold on. I think I got the wrong one. I've got you on here twice
[01:29:27.900 --> 01:29:31.900]  Okay, try it now, Shane
[01:29:31.900 --> 01:29:35.900]  Oh, this is not going to work. You're on my board twice
[01:29:35.900 --> 01:29:43.900]  I am getting serious echo on your line. You want to...
[01:29:43.900 --> 01:29:47.900]  That's the way. Now we've got one off
[01:29:47.900 --> 01:29:49.900]  Is that a little bit...
[01:29:49.900 --> 01:29:51.900]  Oh, that's a lot better
[01:29:51.900 --> 01:29:55.900]  Wonderful. I don't know. Randy, I have no idea what that was all about
[01:29:55.900 --> 01:29:58.900]  I just hit a little button and you're back
[01:29:58.900 --> 01:30:21.900]  Okay
[01:30:28.900 --> 01:30:49.900]  Your pharmacy may be sharing your medical information without your knowledge or consent
[01:30:49.900 --> 01:30:55.900]  For example, CDS pharmacies are likely to disclose your personal health information to business associates
[01:30:55.900 --> 01:31:00.900]  No poll in the law allows it if parties agree to execute a contract to, quote, safeguard the data
[01:31:00.900 --> 01:31:04.900]  Business associates could range from marketers to insurance companies
[01:31:04.900 --> 01:31:08.900]  And while they might keep information locked up, there's no telling how it might come back to bite you
[01:31:08.900 --> 01:31:12.900]  Ask your pharmacy to disclose how it shared your previous data
[01:31:12.900 --> 01:31:15.900]  And request in writing that it not be sold, rented, or shared
[01:31:15.900 --> 01:31:20.900]  And most importantly, take your future prescriptions to establishments that guarantee real privacy
[01:31:20.900 --> 01:31:29.900]  I'm Dr. Catherine Albright. More news and information at CatherineAlbright.com
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[01:33:14.900 --> 01:33:36.900]  Okay, we are back, Randy Kelton, Rule of Law Radio
[01:33:36.900 --> 01:33:41.900]  And Shane, that was all your fault that I fell off the cliff
[01:33:41.900 --> 01:33:44.900]  Well, I'm here
[01:33:44.900 --> 01:33:46.900]  Okay, go ahead, what do you have for us?
[01:33:46.900 --> 01:33:49.900]  I have no idea what that was about, it happened last week too
[01:33:49.900 --> 01:33:54.900]  Anyways, so as the bankruptcy case is moving forward in my name
[01:33:54.900 --> 01:34:00.900]  That finding facts and conclusions of law that you mentioned a few weeks ago actually worked
[01:34:00.900 --> 01:34:04.900]  And they forced the judge to actually really have a really nice order
[01:34:04.900 --> 01:34:07.900]  And I believe I sent it to you
[01:34:07.900 --> 01:34:12.900]  And he pretty much said it has to go back down to the state court, he lifted the state
[01:34:12.900 --> 01:34:17.900]  Okay, and of course I argued about an hour and a half on record, objected to everything
[01:34:17.900 --> 01:34:24.900]  And I even objected to the attorney from Shapiro Barak and Descartes from Rochester, New York
[01:34:24.900 --> 01:34:27.900]  He says, well, you know, we'll let you speak
[01:34:27.900 --> 01:34:32.900]  You know, I say, I don't, they shouldn't be speaking, they're not interested parties, they're not real parties
[01:34:32.900 --> 01:34:36.900]  He says, well, we'll let you speak, so I thought that was quite fascinating
[01:34:36.900 --> 01:34:44.900]  And so the findings, facts and conclusions of law was almost a four-page order, Randy
[01:34:44.900 --> 01:34:47.900]  And I did send that via email
[01:34:47.900 --> 01:34:55.900]  And in the close notes, it's basically states that they have to go back to the state, get their judgment, okay
[01:34:55.900 --> 01:35:00.900]  But they said, he also said in the order of this case, or this property is now owned by me
[01:35:00.900 --> 01:35:03.900]  So my question to you, they're going to have to refile a whole new case
[01:35:03.900 --> 01:35:07.900]  Because I was never even involved in the foreclosure case that started back in 2015
[01:35:07.900 --> 01:35:12.900]  And we have completely different parties now, because the servicer is now Mr. Cooper
[01:35:12.900 --> 01:35:17.900]  And it originally started with HSC, but it's changed three times since then
[01:35:17.900 --> 01:35:22.900]  It was a terrorist, it was BHH, now it's now, as we speak right now, it's Mr. Cooper
[01:35:22.900 --> 01:35:28.900]  Actually, it's nations that are doing business as Mr. Cooper in Dallas, Texas
[01:35:28.900 --> 01:35:36.900]  So my question to you is, I believe that they're going to have to refile the case, is that correct?
[01:35:36.900 --> 01:35:41.900]  Because he says, you can't sell that property, you come back to me because I'm in bankruptcy
[01:35:41.900 --> 01:35:47.900]  This is too complex, too many variables you threw at me too fast
[01:35:47.900 --> 01:35:50.900]  I don't know how to answer that question
[01:35:50.900 --> 01:35:52.900]  Nobody does
[01:35:52.900 --> 01:35:59.900]  No, I have too many questions to ask to get to this question
[01:35:59.900 --> 01:36:08.900]  There was a foreclosure, it wasn't the current parties who perpetrated the foreclosure
[01:36:08.900 --> 01:36:10.900]  Correct
[01:36:10.900 --> 01:36:19.900]  Did the parties who, are there questions as to the standing of the parties who actually prosecuted the foreclosure?
[01:36:19.900 --> 01:36:24.900]  They're gone, they sold it, correct
[01:36:24.900 --> 01:36:33.900]  No, no, no, are there questions as to their standing or authority to do the foreclosure?
[01:36:33.900 --> 01:36:39.900]  Right, yeah, that's a great deal, the question is, can they just take over where HSBC left off?
[01:36:39.900 --> 01:36:41.900]  That's the question
[01:36:41.900 --> 01:36:51.900]  And then also, I was never even a party, they never served me at all, and the bankruptcy court stated that the proof of claim in my mom's bankruptcy
[01:36:51.900 --> 01:36:59.900]  Mr. Cooper Nation Star has been withdrawn, and he said it in the order, you need to get a judgment against him
[01:36:59.900 --> 01:37:04.900]  And then come back to see me, but you can't sell the property if you come back to see me, so that's why I was asking you
[01:37:04.900 --> 01:37:09.900]  Okay, maybe I'm understanding now, you have a quit claim
[01:37:09.900 --> 01:37:11.900]  Yes
[01:37:11.900 --> 01:37:19.900]  And you had the quit claim before the foreclosure was completed?
[01:37:19.900 --> 01:37:30.900]  The foreclosure was never completed, they never sold it, they only had summary judgment in Granted, Granted to HSBC only
[01:37:30.900 --> 01:37:32.900]  Okay, so
[01:37:32.900 --> 01:37:43.900]  But Randy, this is a, you're in a mortgage state, so they had to go to court and get an order authorizing them to foreclose, correct?
[01:37:43.900 --> 01:37:45.900]  Correct
[01:37:45.900 --> 01:37:54.900]  Did, when they got the order authorizing them to foreclose, did you at that time have a quit claim deed filed in the public record?
[01:37:54.900 --> 01:37:55.900]  Yes
[01:37:55.900 --> 01:37:58.900]  Did they name you as a party?
[01:37:58.900 --> 01:37:59.900]  No
[01:37:59.900 --> 01:38:02.900]  That's why they got to go back
[01:38:02.900 --> 01:38:12.900]  Yeah, I filed two motions, twice the be added as joiner pursuant to the CPLR 1001, and it was denied both times
[01:38:12.900 --> 01:38:19.900]  And the bankruptcy court is saying that you are an intervener, that you did have a claim filed in the public record
[01:38:19.900 --> 01:38:32.900]  Whether they believed it was valid or not is irrelevant, it's in the record, they would have to petition the court to have it removed from the record if they felt it was invalid and then prove up that it was invalid
[01:38:32.900 --> 01:38:42.900]  They didn't do that, so as long as it resides in the record unchallenged, they have to treat you as a necessary party
[01:38:42.900 --> 01:38:59.900]  They did not treat you as a necessary party, therefore the court did not have jurisdiction to render any rulings, need to talk to bad grandma, Leslie Ormans, that's exactly what happened in her case
[01:38:59.900 --> 01:39:08.900]  Okay, yeah, and since you brought her up, my arbitration point is going to be a ripe and gone by November 1
[01:39:08.900 --> 01:39:17.900]  Wonderful, and now I need to talk to her, I had a set of lawyers, we helped somebody years ago
[01:39:17.900 --> 01:39:30.900]  We tried to help somebody years ago, and he wrote us a quick claim to his property, and the guy didn't follow through, so we didn't follow through
[01:39:30.900 --> 01:39:48.900]  But nobody ever challenged our quick claim, and then five years later a lawyer filed suit against us, accusing us of embezzling $50,000 out of this property, I don't know where he got that from
[01:39:48.900 --> 01:40:10.900]  We didn't take anything from the guy, we didn't charge him anything for what we did, and he sued us $5,000, and so I countersued him in my answer, claiming that I was seeking funding for one of my projects for $10 million
[01:40:10.900 --> 01:40:28.900]  And because this suit showed up, then I lost this funding deal, so I countersued him for the benefit of the bargain, $10 million, they didn't respond to my suit
[01:40:28.900 --> 01:40:43.900]  Now I'm way past the time to file a motion for summary judgment, but I want to talk to Leslie first, so I file a motion for summary judgment and start the arbitration process at the same time
[01:40:43.900 --> 01:41:02.900]  And maybe get an end, use my pleadings and the documents for the arbitration in a way that confuses these scoundrels, and then miss what's really going on, and then I get to hammer them
[01:41:02.900 --> 01:41:07.900]  Is that rotten and low down?
[01:41:07.900 --> 01:41:26.900]  So Randy, I believe I'm the first one doing Mrs. Leslie's program with arbitration, and just so you know, I started a way back in July when she first came on the show, and got the initial documents sent out, I believe in the first week of August, and everything's been submitted
[01:41:26.900 --> 01:41:38.900]  She's got two or three more going, I know Deborah and Dallas has one going, but it's gone longer than that, so I need to find out what's actually happened with those
[01:41:38.900 --> 01:42:03.900]  What's going to be interesting is, it's supposed to be released on November 1, my 341 hearing is going to be November 5, and I'm going to do everything I can to amend my schedules A and B, and add that arbitration and ruling as an asset, I think it's number 33 on schedule B, because you know there's schedule A and B, it's one document for bankers, official form 106
[01:42:03.900 --> 01:42:06.900]  That's going to get interesting
[01:42:06.900 --> 01:42:24.900]  Yeah, that's the part I'm really wondering what's going to happen, because the 341 hearing, see they might try to dismiss it and say well you have these gigantic liabilities, and I said well, I also have a large asset here from arbitration, it's supposed to be binding, it could be interesting how the courts react to it
[01:42:24.900 --> 01:42:30.900]  So that's one issue that's going to be, you know, I believe I'm right at the front line when it comes to this
[01:42:30.900 --> 01:42:32.900]  Yeah, I think you are
[01:42:32.900 --> 01:42:36.900]  So you are a crash dummy
[01:42:36.900 --> 01:42:45.900]  I want to see what happens to you before I do it, if you wind up in jail and I get a call out of the jail in New York, I'll say Shane, ooh
[01:42:45.900 --> 01:42:48.900]  Yeah, that doesn't scare me
[01:42:48.900 --> 01:42:49.900]  Yeah
[01:42:49.900 --> 01:43:09.900]  So you get to be our crash dummy, I am interested in seeing how this shakes out, because I just put in my notes today to contact Leslie about doing the arbitration with this failure to respond that I have
[01:43:09.900 --> 01:43:26.900]  But in your opinion, it should pan out just fine, because at the end of the day it's all about the money, the trustee is going to say oh wow, look at this, and I believe the trustee gets 2.5%, maybe it's 3% of whatever that asset is worth, my understanding
[01:43:26.900 --> 01:43:30.900]  And I could be off 100% but I thought it was right around 3%
[01:43:30.900 --> 01:43:38.900]  Oh, so it's in their best interest to approve the arbitration judgment because it adds to their fee
[01:43:38.900 --> 01:43:39.900]  Right
[01:43:39.900 --> 01:43:41.900]  Oh, I like that part
[01:43:41.900 --> 01:43:44.900]  Okay, hang on, go into break
[01:43:44.900 --> 01:43:47.900]  Oh, I'm not supposed to say break, I'm trying to fix that
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[01:46:55.900 --> 01:47:03.900]  We're talking to Shane in New York. OK, Shane, you've got the arbitration coming up
[01:47:03.900 --> 01:47:09.900]  And how is that going to... OK, I guess I understand, answer my own question
[01:47:09.900 --> 01:47:18.900]  The trustee is in a position to where if he accepts the binding arbitration, it increases his fee
[01:47:18.900 --> 01:47:21.900]  Correct
[01:47:21.900 --> 01:47:34.900]  So a couple hundred grand in his pocket if he approves it, so he has a great incentive to approve the arbitration claim
[01:47:34.900 --> 01:47:37.900]  Correct
[01:47:37.900 --> 01:47:39.900]  This could work out really well
[01:47:39.900 --> 01:47:47.900]  Yeah, we've got a situation where you get the scoundrels working on your side
[01:47:47.900 --> 01:47:51.900]  Well, like I said, it's all about the money, isn't it?
[01:47:51.900 --> 01:47:53.900]  Yep
[01:47:53.900 --> 01:47:58.900]  Go ahead
[01:47:58.900 --> 01:48:07.900]  It's about BS repeating the damage, I think like $420,000 plus another million bucks that's in there
[01:48:07.900 --> 01:48:12.900]  So I'm not sure how this whole thing is going to pan out and how it's going to work out, but it's going to be quite a bit
[01:48:12.900 --> 01:48:17.900]  Oh, this would be great
[01:48:17.900 --> 01:48:23.900]  OK, Randy, what I want to ask you really quick, to give back to the original question, OK?
[01:48:23.900 --> 01:48:26.900]  Leave in the arbitration out of it for now, OK?
[01:48:26.900 --> 01:48:33.900]  The court clearly lifted the stay and I objected all right down the line
[01:48:33.900 --> 01:48:42.900]  I told them they're not secured interest, they're not interested parties, they're non-parties, and I brought up one example of one of the assignments
[01:48:42.900 --> 01:48:49.900]  I said, this guy right here, Bahamad, has signed some document that works for the Federal National Logistics Association
[01:48:49.900 --> 01:48:57.900]  He's working as an agent for an agent-star mortgage doing business with Mr. Cooper
[01:48:57.900 --> 01:48:59.900]  He doesn't even work for the company
[01:48:59.900 --> 01:49:03.900]  And I told him they'd open courts and charge this guy that he would work for these guys
[01:49:03.900 --> 01:49:05.900]  He don't even know who he is
[01:49:05.900 --> 01:49:08.900]  And I said, this is the reason why I have, and I read the list and took a record
[01:49:08.900 --> 01:49:12.900]  All the people I'm going to stop eating this from my hearing pursuant to the bankruptcy rule
[01:49:12.900 --> 01:49:17.900]  I think it's 9,014 or 9,041
[01:49:17.900 --> 01:49:22.900]  The producer's right witness says, he says, look it, look it, this is a state matter, this is the court talking to me
[01:49:22.900 --> 01:49:25.900]  This is a state matter, I cannot deal with this
[01:49:25.900 --> 01:49:35.900]  I am lifting the state, this has to go back to state court, but it did also state that this house will not be sold until you guys come back to me to get your judgment
[01:49:35.900 --> 01:49:41.900]  So the question is, they're going to have to refile the case and serve me and start all over again
[01:49:41.900 --> 01:49:45.900]  They got another four or five years
[01:49:45.900 --> 01:49:47.900]  Is that correct though?
[01:49:47.900 --> 01:49:52.900]  Yes, what it sounds like they didn't include a necessary party
[01:49:52.900 --> 01:49:56.900]  Right, and I had good faith to be added to the claim
[01:49:56.900 --> 01:50:00.900]  And I had those motions and I had the transcripts and they were completely denied
[01:50:00.900 --> 01:50:06.900]  Isn't my responsibility to notify the court that I, in good faith, tried to dispose of that house
[01:50:06.900 --> 01:50:10.900]  Pushed out of the picture, and I've moved forward with my own motions
[01:50:10.900 --> 01:50:18.900]  Is it my responsibility to take those motions, found in the bankruptcy case, showing in good faith I did this
[01:50:18.900 --> 01:50:23.900]  This sounds good, sounds like bankruptcy is going to work for you
[01:50:23.900 --> 01:50:26.900]  Okay, because they did talk to you for two moments
[01:50:26.900 --> 01:50:36.900]  They have a different agenda than the trial courts, trial courts are bought and paid for by the banks, but the bankruptcy courts are not
[01:50:36.900 --> 01:50:40.900]  It gets a little bit better, there's one more thing I want to tell you before we get to your last caller
[01:50:40.900 --> 01:50:48.900]  One week ago, I went on to the defiling system in the state of New York, and I was talking to a good friend of mine
[01:50:48.900 --> 01:50:52.900]  That he listens to your show too, and we pulled the docket
[01:50:52.900 --> 01:50:56.900]  He said you better go down there and get a certified copy of that order date space sign
[01:50:56.900 --> 01:51:03.900]  Granting summary judgment in favor of HSBC, and HSBC is not even a party case by the way, they fell out back in 2015
[01:51:03.900 --> 01:51:05.900]  November 2015
[01:51:05.900 --> 01:51:11.900]  And it was February 15th, 2018, summary judgment in favor of HSBC
[01:51:11.900 --> 01:51:19.900]  And exactly 30 days later on March 15th, 2018, they switched the parties to the Federal National Mortgage Association
[01:51:19.900 --> 01:51:22.900]  Which we don't even have, my mom did not even have a loan with them
[01:51:22.900 --> 01:51:31.900]  Two weeks later, on March 28th, 2018, Rozickie and Rozickie that was handling that case got indicted
[01:51:31.900 --> 01:51:36.900]  For using the Federal National Mortgage Association's name, the judge went along with it
[01:51:36.900 --> 01:51:40.900]  With no motion and no hearing, they just did it all on their own
[01:51:40.900 --> 01:51:47.900]  It just appeared, they deleted both those orders from the docket, pulled, deleted
[01:51:47.900 --> 01:51:51.900]  The entry 240 and 241 are gone
[01:51:51.900 --> 01:51:57.900]  So immediately right now in the clerk's office last week, we got a certified copy of that docket sheet
[01:51:57.900 --> 01:52:06.900]  Within one day, they were backing up, backing up the docket sheet, but they already got a certified copy of the docket sheet showing they're missing
[01:52:06.900 --> 01:52:09.900]  Why did they remove them?
[01:52:09.900 --> 01:52:12.900]  Because, you know, that's a great question
[01:52:12.900 --> 01:52:18.900]  Because HSBC, they were never a party case from the get-go, they failed out
[01:52:18.900 --> 01:52:26.900]  Back in November 2015, they've been using HSBC's name the whole entire time, Rozickie and Rozickie was
[01:52:26.900 --> 01:52:31.900]  So the judge obviously was communicating with the attorneys and said, we've got a problem here
[01:52:31.900 --> 01:52:35.900]  We've got to change the parties and they did it all on their own, they just changed the parties
[01:52:35.900 --> 01:52:41.900]  From HSBC to the Federal National Mortgage Association, now it's Mr. Cooper
[01:52:41.900 --> 01:52:45.900]  But before, this is so confusing, but before...
[01:52:45.900 --> 01:52:47.900]  How does it get...
[01:52:47.900 --> 01:52:55.900]  If the one standing in place did not have standing, how did Mr. Cooper get standing?
[01:52:55.900 --> 01:53:00.900]  Exactly, and that's what the bankruptcy court's been stating the whole time
[01:53:00.900 --> 01:53:06.900]  He said, I can't, you can't foreclose on this property, you don't even have a bond double the amount of the value of the loan
[01:53:06.900 --> 01:53:13.900]  And furthermore, you don't even have, you have no note, he says, how in the world is somebody going to get a true title on this property?
[01:53:13.900 --> 01:53:22.900]  So I brought that whole argument on October 1st for the hearing and he says, you might be wrong, you might be right, I don't know
[01:53:22.900 --> 01:53:25.900]  The whole thing's a state issue, he does not want to deal with it
[01:53:25.900 --> 01:53:31.900]  Go back to state court, but he did say this, you cannot sell the property until you come back to me
[01:53:31.900 --> 01:53:33.900]  Because I'm in bankruptcy, his property
[01:53:33.900 --> 01:53:36.900]  So you stuck it to him?
[01:53:36.900 --> 01:53:44.900]  Good, and this will hold them at bay until your arbitration award comes through
[01:53:44.900 --> 01:53:47.900]  In two weeks, right, but...
[01:53:47.900 --> 01:53:55.900]  So I think that's the reason why they pulled those two orders out of the record, okay?
[01:53:55.900 --> 01:54:04.900]  Because those two people that were granted summary judgment was amended actually, are not even parties to the case
[01:54:04.900 --> 01:54:09.900]  So they're subject to a suit from you separate from everything else?
[01:54:09.900 --> 01:54:13.900]  I do have a certified copy with a red seal from Erie County
[01:54:13.900 --> 01:54:18.900]  But within, I swear to God with a date, maybe two days later it was reinserted back into the docket sheet
[01:54:18.900 --> 01:54:20.900]  Isn't that something else?
[01:54:20.900 --> 01:54:28.900]  Yeah, somebody got, all these folks are paid off and somebody found out you were paying attention
[01:54:28.900 --> 01:54:32.900]  Okay, let me go, I've got John, he's been hanging on for a long time
[01:54:32.900 --> 01:54:38.900]  Let me get his question before we run out of time, I've only got four minutes left
[01:54:38.900 --> 01:54:39.900]  Thanks Randy
[01:54:39.900 --> 01:54:42.900]  Keep us up to speed
[01:54:42.900 --> 01:54:43.900]  Thank you
[01:54:43.900 --> 01:54:46.900]  Okay, thank you Shane, now we're going to John in New York
[01:54:46.900 --> 01:54:49.900]  John, what do you have for us today?
[01:54:49.900 --> 01:54:53.900]  I'm going to read you something and tell me if I'm right or wrong
[01:54:53.900 --> 01:54:57.900]  I'm going to read this to you and please tell me if I'm right or wrong
[01:54:57.900 --> 01:55:05.900]  I found out, I found some case laws, I found case laws in here, here they are
[01:55:05.900 --> 01:55:13.900]  I've got to get them, pull them back up and one, two, let's go
[01:55:13.900 --> 01:55:25.900]  Yep, okay, case law
[01:55:25.900 --> 01:55:36.900]  Note that uniform traffic ticket, traffic summon, appearance ticket or notice to appear are not listed here
[01:55:36.900 --> 01:55:41.900]  Subsequently, in the fuck the hell?
[01:55:41.900 --> 01:55:43.900]  Hold on
[01:55:43.900 --> 01:55:46.900]  Subsequently what the hell?
[01:55:46.900 --> 01:55:54.900]  I'm going to start screaming in a minute, here we are
[01:55:54.900 --> 01:56:03.900]  Okay, you spoke to this earlier in an email that you had looked up the law after our show yesterday
[01:56:03.900 --> 01:56:10.900]  No, this is totally different, hold on, this is totally different, just trust me
[01:56:10.900 --> 01:56:12.900]  And this computer is doing strange things because
[01:56:12.900 --> 01:56:16.900]  I'm going to trust you for two more minutes, you're going to run out of time
[01:56:16.900 --> 01:56:22.900]  John, you've been hanging on all night and you're not ready
[01:56:22.900 --> 01:56:27.900]  It's the computer, the damn computer is screwing up because it's been waiting so long
[01:56:27.900 --> 01:56:30.900]  Here, hold on, I'm going to start screaming in a minute
[01:56:30.900 --> 01:56:40.900]  You need voice recognition trained into the computer so when you start calling it ugly names it understands you
[01:56:40.900 --> 01:56:50.900]  Yeah, hold on, I don't know what it's doing, but it's doing it
[01:56:50.900 --> 01:56:53.900]  Can you paraphrase?
[01:56:53.900 --> 01:56:59.900]  No, I can't paraphrase, these are case laws that I've been waiting, here we go
[01:56:59.900 --> 01:57:02.900]  Now, John is rough, here we go
[01:57:02.900 --> 01:57:10.900]  Now, note that the uniform, in the matter of Shirley versus Shulman, the New York Court of Appeals decision state
[01:57:10.900 --> 01:57:18.900]  A criminal action must be commenced by the filing of a valid and proficient accusatory instrument in order for the court to obtain jurisdiction
[01:57:18.900 --> 01:57:21.900]  in the matter
[01:57:21.900 --> 01:57:31.900]  Hold on, in People versus Scott, it states the Uniform Traffic Ticket is merely a notice to a person to appear
[01:57:31.900 --> 01:57:39.900]  The case then states the New Uniform Traffic Ticket does not take the place of an information, but it's simply a notice to appear
[01:57:39.900 --> 01:57:42.900]  A verified complaint is still necessary
[01:57:42.900 --> 01:57:51.900]  The Uniform Traffic Ticket issued to the respondent by law and repeatedly confirmed by Supreme Court ruling is merely an appearance ticket or notice to appear
[01:57:51.900 --> 01:58:00.900]  Presumably requiring him to respond or answer a certain court by a certain day to which the respondent has complied and noticed the court
[01:58:00.900 --> 01:58:05.900]  To date, the respondent is without any proper valid response in a timely manner
[01:58:05.900 --> 01:58:18.900]  In the name of, in the matter of Zupacic versus Hoagland, the New York State Supreme Court said it's abundantly clear that a Uniform Traffic Summons and Complaints does not fill the function of an information
[01:58:18.900 --> 01:58:24.900]  and the conviction of a defendant other than upon the verified information gives rise to a deterrence
[01:58:24.900 --> 01:58:30.900]  Okay, hold on. We are out of time. Have you sent me those cases?
[01:58:30.900 --> 01:58:32.900]  Yes, I did. I'm going to do it again
[01:58:32.900 --> 01:58:38.900]  Okay, I will look at them. This is interesting. We need to talk about this next week
[01:58:38.900 --> 01:58:46.900]  Thank you all for listening. Brandy Kelton, Brett Fountain. We'll be back next week. Good night
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