ROL_2020-09-04_16k_Hr3-4.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by The Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.200 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.840]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.840 --> 00:41.440]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:45.920 --> 00:52.400]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated
[00:52.400 --> 00:58.080]  on Market Street in San Francisco during the World War I preparedness day parade killing 10
[00:58.080 --> 01:07.440]  and injuring 40 today in history and recent news since Governor Greg Abbott signed House bill
[01:07.440 --> 01:13.120]  1325 legalizing HEPA to tax his law back in June county prosecutors around the state including
[01:13.120 --> 01:17.760]  Houston, Austin and San Antonio have been dropping marijuana possession charges and even refusing
[01:17.760 --> 01:22.320]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:22.320 --> 01:27.520]  equipment to test the year for THC. Margaret Moore the Travis County District Attorney announced
[01:27.520 --> 01:32.480]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:32.480 --> 01:37.040]  because of the law. Mr. Abbott and other state officials including the Attorney General stipulated
[01:37.040 --> 01:42.080]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.080 --> 01:48.320]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well
[01:48.320 --> 01:54.960]  as other cities too like the district attorney in El Paso, Cayma Esparza a Democrat who also
[01:54.960 --> 01:59.760]  stated earlier this month that the law quote will not have an effect on the prosecution of
[01:59.760 --> 02:05.120]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr. Brandon Ball
[02:05.120 --> 02:10.240]  an assistant public defender in Harris County who stated that quote the law is constantly changing
[02:10.240 --> 02:14.720]  on what makes something illegal based on its chemical makeup it's important that if someone is
[02:14.720 --> 02:24.160]  charged with something the test matches what they're charged with. A paper by Tulane University
[02:24.160 --> 02:28.880]  identified a five and a half inch American pocket shark as the first of its kind in the
[02:28.880 --> 02:34.720]  Gulf of Mexico the specimen being only the second pocket shark ever captured or recorded
[02:34.720 --> 02:39.680]  with the other one being found way back in 1979 in the East Pacific Ocean. According to the
[02:39.680 --> 02:45.840]  university paper the shark secretes a luminous fluid from a gland near its front fins for the
[02:45.840 --> 02:54.720]  purposes hypothesized to lure and prey may be drawn into the glow. This is Rook Rody with your
[02:54.720 --> 03:21.440]  lowdown for July 22nd 2019. Okay, we are back. Randy Kelton and Will La Radio they're talking to Chris
[03:21.440 --> 03:28.320]  and Colorado and Chris I kind of bushwhacked you when you started and ran my own agenda.
[03:29.040 --> 03:36.720]  Okay, what did you want to talk about? Well I'm just I'm just looking for little guidance on how
[03:36.720 --> 03:41.440]  to piece this together I wasn't real proactive on this past week and a half I just couldn't do much
[03:42.000 --> 03:47.200]  but I started up again today and I started to start calling some random counties down in New
[03:47.200 --> 03:53.360]  Mexico call sheriff and you know that was reported to not be enforced in the governor's order
[03:54.000 --> 03:59.680]  ask them and they have the same answers usual from from good good sheriff's there's no law to
[03:59.680 --> 04:04.560]  enforce and we're not going to enforce it and it's unconstitutional okay so I get that it's great
[04:04.560 --> 04:07.760]  they say we will but we will remove you from a business but they don't want you to be there
[04:07.760 --> 04:13.440]  for not wearing a mask I'm like okay that's understandable then I got a little closer to
[04:13.440 --> 04:17.920]  Santa Fe County I wanted to know specifically that's how what was going on because I found
[04:17.920 --> 04:24.240]  a very disturbing article in the newspaper that stated that they have the solar signs out you know
[04:24.800 --> 04:30.320]  blasting people lights all day all day long that you must wear a mask it's the law I said oh
[04:30.320 --> 04:35.600]  interesting so here's another law thing not just ordinance this time it's an actual law so I wanted
[04:35.600 --> 04:42.320]  to know the law so I had some some deputies call me back and one one guy who answered the phone
[04:42.320 --> 04:46.240]  just said it's the law so can you tell me where it is what it is that's the law you must do it right
[04:46.240 --> 04:53.280]  I finally got to a good deputy who talked for me about an hour and a half actually and he showed
[04:53.280 --> 04:58.320]  me he actually gave me the municipal code and I looked and and I read it's very short as far as
[04:58.320 --> 05:08.560]  the penalties but I traced it back to a thing called the New Mexico health act I forget what it is
[05:08.560 --> 05:13.280]  sorry lost the first act there but there's an actual act there health department act or something
[05:13.280 --> 05:17.280]  like that that has some specifics that what the what the local health department state health
[05:17.280 --> 05:21.840]  department can do and it it actually looks like they can enforce stuff under some of those guys
[05:21.840 --> 05:26.400]  but it's still vague enough it doesn't say mask it says we have the right to quarantine and all
[05:26.400 --> 05:31.760]  that kind of stuff so how do we maneuver Randy back into this because Canada has a similar thing
[05:31.760 --> 05:37.040]  they have a quarantine act and so what these governors and what these prime ministers are
[05:37.040 --> 05:44.480]  doing is they're they're vaguely hiding behind their authority with these acts and with these
[05:44.480 --> 05:54.000]  laws does Texas have one like that yes but look closely at the quarantine act the quarantine act
[05:54.000 --> 06:06.080]  does not at least generally certainly Texas does not allow a a quarantine of someone who's not shown
[06:06.080 --> 06:12.960]  to be effective you can't quarantine the general public you can only quarantine someone who is shown
[06:12.960 --> 06:22.080]  to be infected they're trying to extend that beyond the reasonable intent of the statutes
[06:26.640 --> 06:31.520]  so where is this guy's a fear coming that there's the governor's think and then some of the
[06:31.520 --> 06:36.720]  officials think they have the right to do i'm the governor i'm making an official order
[06:37.840 --> 06:42.400]  to enforce whatever law is under the health department they're basically making the health
[06:42.400 --> 06:49.120]  department the standing authority to enforce and bring people into court and do all this crazy
[06:49.120 --> 06:56.640]  stuff how is that possible i don't understand how that we use together well you seem to be
[06:56.640 --> 07:06.720]  acting from the presumption that the governor or whatever entity is taking this action is taking
[07:06.720 --> 07:14.720]  this action in accordance with law i'm going to suggest that they know they're not in accordance
[07:14.720 --> 07:23.680]  with law but uh what do you do you want to risk letting your constituents die because
[07:23.680 --> 07:30.560]  you're afraid of violating a law well for the most part public officials are not the least bit
[07:30.560 --> 07:38.800]  concerned about breaking laws so and in this case i'm not saying they're bad guys i'm saying they're
[07:38.800 --> 07:45.840]  people with real concerns and it's easy for me to sit here when i don't have the professional
[07:45.840 --> 07:53.040]  responsibility to take care of my constituents it's easy for me to say well you should do
[07:53.040 --> 08:02.480]  this that or the other but the governor you know he's kind of in a spot if he doesn't do anything
[08:03.360 --> 08:11.440]  and a whole bunch of people die then he's likely to feel responsible whether he's
[08:11.440 --> 08:19.920]  held responsible or not i would right so once he's beginning it was what's he supposed to do
[08:19.920 --> 08:27.040]  uh so okay if i have to violate a law to save my constituents i'm violating law to save my
[08:27.040 --> 08:33.920]  constituents i'm not saying it makes him a bad guy but i'm saying it makes him a law breaker
[08:37.200 --> 08:41.600]  you don't get to violate the law because you think it's the right thing to do
[08:43.040 --> 08:49.200]  right uh you can you can violate the law because you think it's the right thing to do
[08:49.200 --> 08:54.080]  but then you have consequences i just watched a program recently where in um
[08:55.200 --> 09:05.200]  washington dc i don't know if it's changed but a uh the military medic stopped at a
[09:05.840 --> 09:12.960]  accident and treated some people and then was prosecuted for practicing medicine without a
[09:12.960 --> 09:23.280]  license well she knew she was violating law but she didn't care you know am i going to
[09:24.000 --> 09:30.640]  stand here and obey the law and watch these people die or am i going to violate the law
[09:30.640 --> 09:36.000]  and save these people's lives she took her choice but then she had to suffer the consequences
[09:36.000 --> 09:41.440]  i'm saying the governor's in the same position
[09:43.840 --> 09:50.240]  yes you did what you thought was right but now that you've done what you thought was right
[09:50.240 --> 09:54.960]  and it's in violation of the constitution now you get visited with consequences
[09:57.200 --> 10:00.240]  nothing personal guys yeah
[10:00.240 --> 10:06.480]  but what i want to do is i want to produce a suit that people can file
[10:08.240 --> 10:13.760]  not to say the governor was a bad guy but the next time something like this happens
[10:14.800 --> 10:20.320]  uh you might consider other options that might actually have been legal
[10:20.320 --> 10:32.000]  and what i'm saying is you either wear a mask or if that can it can be shown that you were
[10:33.040 --> 10:43.840]  uh a carrier of this particular virus and you went into a location that without a mask and
[10:43.840 --> 10:51.280]  and it can be shown that immediately thereafter a number of people were infected then you can
[10:51.280 --> 10:58.320]  be criminally charged for criminal negligence i could have done that that would not have been
[10:59.360 --> 11:10.160]  unconstitutional but they chose not to do that but your choice your consequences
[11:10.160 --> 11:17.760]  and we need to visit consequences on them so the next time they will look for
[11:19.200 --> 11:25.360]  options that fall within constitution or if you think the constitution should be changed
[11:26.160 --> 11:34.160]  well get out there and propose a constitutional amendment but until it's changed follow it
[11:34.160 --> 11:42.640]  you know i'm in texas we're having lots of problems with our legal system and all these
[11:42.640 --> 11:52.240]  years of studying the law i find that in my opinion our problems are occurring from no
[11:52.240 --> 11:59.440]  lack of law we don't need any law new laws we just need to follow the ones we've got
[11:59.440 --> 12:09.280]  they're extremely well constructed large portion of our problems will go away if we just go back
[12:09.280 --> 12:18.400]  to following law the public officials have taken upon themselves to make seemingly minor adjustments
[12:18.400 --> 12:31.040]  toward an adjudicative expediency and administrative convenience and gradually moved so far away from
[12:31.040 --> 12:37.360]  the rule of law you can't even recognize what they're doing and this is what the governors just did
[12:38.880 --> 12:45.200]  they just stepped across this legal line and if we don't stand up and bring them back
[12:45.200 --> 12:52.240]  that line will become the new normal and next time they'll step further
[12:54.320 --> 13:02.800]  so i'm saying not out of anger not out of avarice hammer them good bring us back to where they
[13:02.800 --> 13:11.600]  were supposed to be i'm going to stop preaching now what about the business aspects so where
[13:11.600 --> 13:16.800]  i haven't found anything in there where they can i mean they can shut down businesses obviously they
[13:16.800 --> 13:22.960]  can you know do testing and what have you and out of you know to protect customers they can take
[13:22.960 --> 13:30.080]  those actions but where in all of this does it say they can now turn you know wait wait wait
[13:30.080 --> 13:36.080]  they can't shut down businesses that's in constitution that's probably your right to property
[13:37.200 --> 13:41.280]  if you find if they go in and they test something on and they find some type of bacterial they can
[13:41.280 --> 13:45.840]  shut it down for a period of time until it's cleaned up they have the right yes they have the
[13:45.840 --> 13:50.480]  okay so the health department has the task of keeping businesses clean safe and sanitary
[13:51.120 --> 13:55.280]  okay that makes sense and and i think it goes as far statewide you know they have that task to
[13:55.280 --> 14:00.240]  make sure that there's nothing infectious out there going to destroy people hence the quarantine
[14:00.240 --> 14:05.120]  but where in all of this and i don't see the law that's where i'm trying to find make very clear
[14:05.120 --> 14:11.440]  that they can now put the burden on the businesses to be the police and say if you don't enforce this
[14:11.440 --> 14:18.240]  law or this act upon the people which were actually liable for enforcing that's our task not yours
[14:18.240 --> 14:29.120]  that they can find them 10 20 70 thousand dollars okay if i tell you that i want you to go burn this
[14:29.120 --> 14:35.920]  house down over here if you don't go burn this house down over here i'm going to kidnap and
[14:35.920 --> 14:46.560]  murder your children but yeah how's this different the government is still violating my rights even
[14:46.560 --> 14:52.560]  if they're doing it by proxy if they just because they're using coercion to force somebody else
[14:52.560 --> 14:58.560]  to do the actual act government still was responsible
[15:03.360 --> 15:08.320]  well i would love to have a document that i can unleash i would love to do that
[15:09.600 --> 15:14.720]  well i'm working on the research now the problem is i've got several things going at one time
[15:14.720 --> 15:23.760]  i'm but i'm accumulating the the case law and some suits that i can plagiarize and stitch
[15:23.760 --> 15:28.880]  together and then i'll be building a questionnaire a pastor massager who should be hard to get this
[15:28.880 --> 15:37.040]  thing done and then we make it available to everybody and what i'm looking at is giving
[15:37.040 --> 15:45.440]  the governor a way to buy back some votes the legislature the federal government and the
[15:45.440 --> 15:52.960]  state government is not coming along come across with funds to compensate the public
[15:54.000 --> 15:59.600]  for the denial in their right to work that the government perpetrated
[15:59.600 --> 16:06.160]  it so they're not giving the governor any money he can distribute it to distribute these people
[16:06.880 --> 16:14.480]  that against whom he denied their rights so we sue him we sue him for a couple hundred grand
[16:15.200 --> 16:25.120]  and then offered a settle for the last six months rent i couldn't pay and the amount of money i lost
[16:25.120 --> 16:35.040]  because i couldn't work uh you agreed a 15 grand instead of 300 and i'll drop this suit now the
[16:35.040 --> 16:41.920]  governor gets to recommend to give recompense and not have to have legislation to do it
[16:44.000 --> 16:50.960]  that's neat here what hang on about to go to our sponsors ready to call them
[16:50.960 --> 16:57.120]  the rule of law radio i call it number five one two six four six nineteen eighty four
[16:57.120 --> 17:04.080]  we'll be right back are you being harassed by debt collectors with phone calls letters or even
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[17:57.600 --> 18:04.800]  how to stop debt collectors now rule of law radio is proud to offer the rule of law traffic seminar
[18:04.800 --> 18:08.560]  in today's america we live in a mess against them society and if we the people are ever going to
[18:08.560 --> 18:12.800]  have a free society then we're going to have to stand and defend our own rights among those
[18:12.800 --> 18:16.320]  rights are the right to travel freely from place to place the right to act in our own private
[18:16.320 --> 18:20.800]  capacity and most importantly the right to due process of law traffic courts afford us the least
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[18:51.200 --> 18:55.200]  rights with the help of this material from rule of law radio dot com order your copy today and
[18:55.200 --> 18:58.160]  together we can have the free society we all want and deserve
[18:58.160 --> 19:08.320]  we're listening to the logos radio network the logos radio network dot com
[19:12.560 --> 19:16.640]  well don't let nothing get to you only the father can't deliver you
[19:17.520 --> 19:22.400]  so don't let badmine people hurt you until they say something get behind
[19:22.400 --> 19:28.000]  you know what i mean my friend and i'll judge you
[19:37.120 --> 19:45.440]  okay we are back brandy kelkin rule of law radio on this Friday the fourth day of september
[19:45.440 --> 19:55.200]  2020 and we're talking to chris in colorado okay chris i'm working on this the lawsuit
[19:55.200 --> 19:59.600]  do you have any suggestions of how to go about getting after them
[20:02.080 --> 20:07.920]  well i'm you know i told you a little bit about my strategy i just walk in expecting
[20:07.920 --> 20:11.760]  i'm going to get confrontation or you know whatever and if they go too far i'll just call
[20:11.760 --> 20:19.520]  the police and i've done it but what i'm trying to do i'm just trying to get a pulse on everything
[20:19.520 --> 20:23.840]  and i don't i don't really know what to do i'm just i know people need to push back but not
[20:23.840 --> 20:28.080]  everybody's gonna push back like myself or the guy from northern california or like alex jones
[20:28.080 --> 20:32.240]  or yourself there's not a lot of people who have that type of way to play those you know
[20:32.960 --> 20:39.680]  so i'm i'm looking for something to like i always have conversations i had a conversation with a
[20:39.680 --> 20:45.760]  74 year old pilot today about going for a ride in his plane when they open back up and he was
[20:45.760 --> 20:51.360]  hungry for the information but he leveled with me he says you know what this is on your generation
[20:51.360 --> 20:57.840]  you guys are going to have to fix this because we're we're leaving i didn't really like that that
[20:58.560 --> 21:05.520]  that that uh you know whatever that that that guidance but it is kind of true but most people
[21:05.520 --> 21:10.960]  are afraid they and they say basically that i put the mask on because i don't want the confrontation
[21:10.960 --> 21:15.920]  but they don't see that that how simple it is to have the confrontation because it's not that
[21:15.920 --> 21:21.600]  big of a deal if they're they're that timid then they need another perspective on something that's
[21:21.600 --> 21:25.520]  going to rile them up and i just don't know which angle to do it do we do it with a really
[21:25.520 --> 21:30.240]  complex legal do we just do it with some simple facts do we do it with um
[21:30.240 --> 21:37.040]  um i can't we can't help everybody you know so i don't know the angle to put in there any
[21:37.840 --> 21:43.280]  you are you're speaking to exactly the issues that this show is about
[21:45.360 --> 21:51.120]  i'm speaking to one in a hundred maybe one in a thousand and i get that
[21:51.120 --> 21:59.680]  that's the majority of the people just don't have the options that i have i'm an old guy
[22:00.240 --> 22:07.520]  my house is paid for my kids are grown they're well grown and one's a phd the other's a cpa
[22:09.040 --> 22:17.120]  i have fulfilled my contract with a life i own my car it's paid for my house is paid for i
[22:17.120 --> 22:23.280]  i don't have any debt i have the option to go out there and do these things nobody is depending on
[22:23.280 --> 22:32.720]  me we have people out there with a mortgage car payments couple kids in school they got all
[22:32.720 --> 22:41.120]  they can handle i'm not going to ask them to extend themselves out into this fight that i'm having
[22:41.120 --> 22:51.040]  i don't need everybody remember the revolution three percent of the public supported the revolution
[22:52.320 --> 22:57.840]  that's all it took we don't need a ball we need a few we need a few like you chris
[22:59.280 --> 23:06.240]  and we need a tool and i've been a long time working on this tool this tool is designed
[23:06.240 --> 23:15.440]  for the person who has an interest and would like to take some action but in this incredibly
[23:15.440 --> 23:25.200]  complex world they just don't have the time to do all of the research necessary to allow them to
[23:25.200 --> 23:32.320]  take this action so it's up to us to build them a tool they can do this with and that's what i'm
[23:32.320 --> 23:40.480]  working on the tool i'm trying to build is is first we build a tort letter and send a tort
[23:40.480 --> 23:47.120]  letter to the governor personally and then when we don't get a response from the tort letter in 60
[23:47.120 --> 23:55.920]  days then the system will create the lawsuit lawsuit is really straightforward it's always
[23:55.920 --> 24:05.680]  exactly the same issue you issued an order that order had the effect of denying me in full free
[24:05.680 --> 24:14.400]  access to or enjoyment of a riot and i was harmed as a result of that order so now all i need is to
[24:14.400 --> 24:23.280]  find out the specifics of the individual you had a job you were making this much money you either
[24:23.280 --> 24:32.880]  lost your job altogether or your hours will cut back i would we will create a questionnaire that
[24:32.880 --> 24:45.040]  will examine every way we can find that someone was harmed as a result of this order and we can
[24:45.040 --> 24:52.640]  develop the questionnaire so it will be able to find any way that you've been harmed then it
[24:52.640 --> 24:58.800]  then it will take that information feed it into the system the system will spit out a lawsuit
[24:59.680 --> 25:05.360]  completed to the individual specific circumstances all they got to do is sign and send
[25:06.640 --> 25:12.240]  you don't have to be a legal expert you don't have to understand what's in this document
[25:13.360 --> 25:19.760]  and we tell them do not do oral argument no matter what the judge says
[25:19.760 --> 25:24.880]  if the judge orders you to do oral argument just read the plea
[25:26.480 --> 25:32.880]  that he don't like it too bad and if he tells you he'll rule against you if you don't do oral
[25:32.880 --> 25:40.080]  argument who cares we're only here to set the the facts and the records set the record with
[25:40.080 --> 25:46.720]  the facts and the law we don't care what you do judge so it gives the individual a way
[25:46.720 --> 25:53.760]  that they don't feel like they have to understand on this we got the documentation
[25:54.480 --> 26:01.760]  in on the record that's what counts so just sign it and send it and then the governor gets this
[26:02.720 --> 26:11.200]  lawsuit and gets his lawyers to write you a nasty response and rebuttal and they deny everything
[26:11.200 --> 26:16.400]  and bar grieves the lawyers the system will spit out a bar grievance against the lawyers
[26:17.440 --> 26:22.800]  and it'll ask you to check the lawyers and see if they're part of a law firm and if they are
[26:22.800 --> 26:26.960]  find all the lawyers in the law firm and put all their names in we'll barbie each one of them
[26:29.680 --> 26:37.200]  and just when the judge renders a ruling if the judge orders you to do oral argument you object
[26:37.200 --> 26:42.880]  to it then file a judicial conduct complaint against it the system will produce that for you
[26:42.880 --> 26:51.280]  just sign and send it now after you've harassed them a while then we refer you to a lawyer for
[26:51.280 --> 27:02.320]  the singular specific purpose of negotiating a deal you send a motion to the court asking the
[27:02.320 --> 27:09.600]  court to order mediation and you have a lawyer come in and play let's make a deal we made it
[27:09.600 --> 27:19.120]  clear to you we're going to cost you a lot of money and lost in legal fees so you can either
[27:20.080 --> 27:26.240]  count all the legal fees even if you win in the end you lose or you can make us a deal we'll go
[27:26.240 --> 27:34.320]  away leave you alone if you if no matter what if we sue the governor for what he did in office
[27:34.320 --> 27:39.360]  claiming that he acted in his own capacity the state's going to treat that as a suit against
[27:39.360 --> 27:44.800]  the state and they're going to indemnify the government so it won't come out of his pocket
[27:44.800 --> 27:57.760]  no matter what but it will come out of his budget so give him reason not to do this again and possibly
[27:57.760 --> 28:07.520]  get some people some recompense what do you think chris i think it's great i'm i gotta be
[28:07.520 --> 28:15.360]  very honest personally i'm feeling like we have a short window here i don't know how long i think
[28:15.360 --> 28:18.880]  this isn't going to slow down i think they're going to try to intensify it so we probably got
[28:18.880 --> 28:28.480]  another year of battle at least um but it all the governor's problem is they've extended the
[28:28.480 --> 28:37.200]  moratorium on foreclosures and evictions until the end of the year okay that bill is going to come
[28:37.200 --> 28:48.640]  do now they pushed it behind the elections but it's going to come do and when it does we're
[28:48.640 --> 28:58.240]  going to have a lot of voters very very unhappy so and it's going to start around january
[28:58.240 --> 29:04.960]  which actually it's already beginning but uh as soon as this moratorium ends you're going to see
[29:04.960 --> 29:12.720]  a tsunami um all of these people who are in apartments and can't pay their their rent
[29:15.200 --> 29:20.320]  when this moratorium is over they're going to be on the street all these people who own these
[29:20.320 --> 29:27.600]  apartments and can't pay for them because they're not getting rent we'll be able to suit for them
[29:29.440 --> 29:36.960]  the mom and pop owns a six-flat walk-up with a ringing out for extra income and not getting
[29:36.960 --> 29:43.120]  that income and they have a mortgage against it they can't pay the mortgage this will give them a suit
[29:45.120 --> 29:48.320]  let everybody sue the governor you have a business that was closed down
[29:48.320 --> 29:55.040]  we'll build your lawsuits to the governor hang on we're going to our sponsors we'll be right back
[30:00.880 --> 30:06.000]  everyone knows that walking is great exercise but you might not know that the way you walk could
[30:06.000 --> 30:10.960]  predict how long you're going to live i'm dr kathryn albrecht and i'll be back to tell you more
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[30:40.880 --> 30:47.840]  with start page new research shows how fast you walk could predict how long you're going to live
[30:47.840 --> 30:52.720]  the journal at the american medical association reports that older adults who walk one meter
[30:52.720 --> 30:58.080]  per second or faster live longer than expected in case you're wondering one meter per second is
[30:58.080 --> 31:03.360]  about two and a quarter miles per hour a senior's age gender and walking speed were as good at
[31:03.360 --> 31:08.720]  predicting life expectancy as more traditional statistical measures generally speaking faster
[31:08.720 --> 31:14.480]  walkers live longer measuring walking speed is quick and inexpensive it only takes a stopwatch
[31:14.480 --> 31:19.840]  some space to walk in a few minutes researchers say it could help doctors identify older patients
[31:19.840 --> 31:25.760]  who need special care i'm dr kathryn albrecht more news and information at kathrynalbrecht.com
[31:30.320 --> 31:36.240]  i lost my son my uncle my uncle my son on september 11 2000 most people don't know that
[31:36.240 --> 31:42.240]  the third tower fell on september 11 world trade center seven a 47 story skyscraper was not hit
[31:42.240 --> 31:48.160]  by a plane although the official explanation is that fire brought down building seven over 1200
[31:48.160 --> 31:52.320]  architects and engineers has looked into the evidence and believed there is more to the story
[31:52.320 --> 31:58.880]  bring justice to my son my uncle my nephew my son go to building what dot org why it fell why it
[31:58.880 --> 32:05.600]  matters as what you can do logos radio network welcomes a new show to our lineup for the new year
[32:05.600 --> 32:12.080]  scripture talk with nano will begin wednesday january 8th from 8 to 10 p.m central time our
[32:12.080 --> 32:18.240]  goal is in accord with matthew 516 let your light so shine before men that they may see your good
[32:18.240 --> 32:24.240]  works and glorify your father which is in heaven we wish to reflect god's light and be a blessing
[32:24.240 --> 32:30.000]  to all those with a hearing ear join nano and guests for both verse by verse bible studies
[32:30.000 --> 32:36.320]  and topical bible studies designed to provoke onto love and good works our verse by verse bible
[32:36.320 --> 32:41.840]  studies will begin in the book of matthew where we will discuss one chapter per week our topical
[32:41.840 --> 32:47.280]  bible studies will vary each week and will explore sound doctrine as well as christian character
[32:47.280 --> 32:53.920]  development so mark your calendar and join us live on logos radio network dot com wednesdays
[32:53.920 --> 33:00.080]  from 8 to 10 p.m starting january 8th for an inspiring and motivating discussion of the scriptures
[33:02.080 --> 33:10.080]  live free speech radio logos radio network dot com
[33:10.080 --> 33:30.400]  okay we are back randy kelton
[33:30.400 --> 33:40.080]  root of law radio on this friday the fourth day of september 2020 and we're talking to chris in
[33:40.080 --> 33:50.720]  colorado chris i'm working on this if we can get it set up then i build this questionnaire and
[33:51.440 --> 33:54.160]  anybody who has a website can put it on the website
[33:54.160 --> 33:59.840]  but people can click on it you'll spit them out the documentation
[34:06.320 --> 34:11.200]  when i'm getting some beeping is that your side or my side that that's me i just took the key in
[34:11.200 --> 34:21.840]  the car i'm sorry oh okay so anything if you can find any issues we can bring of this nature
[34:21.840 --> 34:28.000]  here i can add them you know we can do the governor we can do local commissioners court
[34:28.000 --> 34:35.760]  judges if a policing agency enforces these we can go after them
[34:38.240 --> 34:42.560]  well that's an idea i had i actually wanted to ask you if i gave you get a little bit of marching
[34:42.560 --> 34:48.160]  orders before i get off i have all right so i'll give you an example and in chicago they have a
[34:48.160 --> 34:55.120]  special department and the police within each you know each precinct that is a business section
[34:55.120 --> 35:04.000]  that specifically does investigation enforcement for the business um what about sheriff who have
[35:04.000 --> 35:10.240]  obviously taking a very back shelf you know back burner approach to this they do not want to get
[35:10.240 --> 35:14.480]  involved politically with this they do not enforce something they know is unconstitutional
[35:14.480 --> 35:20.160]  but they're also not really doing anything to make sure it goes the other way they're just kind of
[35:20.160 --> 35:25.200]  staying out of the fire the guy told me on the phone today he doesn't want to be under any more
[35:26.640 --> 35:32.400]  of a microscope especially what's going on in the world with police how do how do i get the
[35:32.400 --> 35:39.280]  sheriff involved when a business is enforcing a law that isn't even exist by telling me i have
[35:39.280 --> 35:43.360]  so they're going to refuse me service and essentially a form of discrimination i mean
[35:43.360 --> 35:50.080]  that's a business practice that is not uh justifiable in my in my view so how do i start
[35:50.080 --> 35:55.280]  to get the the sheriffs to actually start to do something can they i don't think so
[35:57.040 --> 36:10.720]  if if the business is not singling you out but has adopted a policy that applies to
[36:10.720 --> 36:18.480]  you everyone who falls within a general category that's not constituted discrimination
[36:22.000 --> 36:30.720]  unless it's discrimination because of race color religion right if i'm if i have a business and i
[36:30.720 --> 36:41.360]  say i decide that i don't want to deal with anyone who is an alcoholic because they come into my
[36:41.360 --> 36:54.480]  business and they create difficulty and problems now if i said black latino chinese gay those are
[36:54.480 --> 37:07.600]  are forbidden but other characteristics i can restrict uh my business and i'm concerned about
[37:08.560 --> 37:14.240]  this corona virus and i don't want anybody coming into my business the one i own i pay for
[37:14.880 --> 37:22.800]  without a mask i am not compelling you to come into my business right so if you want to come
[37:22.800 --> 37:30.880]  into my business you do so under my conditions they can do that and i understand on a small
[37:30.880 --> 37:34.880]  scale share if i don't want to go into this you know dry cleaner because they don't want to
[37:34.880 --> 37:40.560]  live around it's it's it's i understand but an essential business like a national grocery chain
[37:41.200 --> 37:45.360]  and we know we don't have the land to grow our own food we're getting into borderline
[37:45.360 --> 37:53.200]  essentials and there how can you adopt the polite here now that's different where you have a business
[37:53.200 --> 38:03.200]  that has been designated a uh essential business by that designation they have been giving it given
[38:03.200 --> 38:12.400]  a privilege to operate when other businesses are not able to operate and by that privilege
[38:12.400 --> 38:22.480]  now they lose their ability to discriminate if the government says under these special conditions
[38:22.480 --> 38:29.680]  you can stay open you can no longer say who can take advantage of my business and who can't
[38:32.880 --> 38:40.080]  now it's not about whether you can win the suit or not and this is the one thing i keep saying
[38:40.080 --> 38:49.600]  about lawsuits the courts are corrupt they are absolutely corrupt they're open to the highest
[38:49.600 --> 39:03.840]  bidder okay we got that however our advantage is is litigation is expensive so if we build the public
[39:03.840 --> 39:13.760]  a tool we build them this electronic lawyer and it's easy enough to do it for a very focused issue
[39:15.680 --> 39:21.920]  every issue we can come across every time someone files a suit and they get a response from the other
[39:21.920 --> 39:34.560]  side they send it to us and we look at it and we build standard responses and every argument that we
[39:34.560 --> 39:44.480]  see in a answer to one of our suits we build that into the suit we address that in the suit itself
[39:44.480 --> 39:52.480]  before they get a chance to bring it up in their answer so this you know the first time we file one
[39:52.480 --> 39:57.680]  we're going to have some pretty crafty lawyers who will come up with some things we hadn't thought of
[39:57.680 --> 40:04.880]  so we look at that and we incorporate that into the suit and address that issue before they get to
[40:04.880 --> 40:14.000]  it so we'll reach a point where we essentially have every issue addressed and what that means
[40:14.000 --> 40:21.440]  is if they file an answer we don't have to respond to it wait i'll care okay we file a suit you
[40:21.440 --> 40:28.480]  file an answer okay if they file a motion for summary judgment we have to address that and
[40:29.680 --> 40:36.800]  we can locate lawyers who will take on clients for this purpose
[40:36.800 --> 40:48.560]  you sell them for 300 grand and let's make a deal pay me 20 grand in attorney fees and all that this
[40:48.560 --> 40:58.080]  i'll drop this so the attorney gets his money we can make this so it just hammers the system
[40:59.360 --> 41:04.080]  and primarily so that the individual doesn't have to become a lawyer to do this
[41:04.080 --> 41:08.240]  the biggest thing is getting them in the front door
[41:10.320 --> 41:16.560]  once someone's in the front door then they're more likely to take this thing and make it work
[41:17.760 --> 41:22.320]  but you're out here you don't know anything about law you have no clue how to do this
[41:23.120 --> 41:29.600]  how do you even start so we say don't worry about it just ask you these questions boom
[41:29.600 --> 41:39.680]  take this document sign and send it you're done and with electronic filing we'll show them how to
[41:39.680 --> 41:46.400]  sign up for electronic filing in whatever state they're in and electronically file it you don't
[41:46.400 --> 41:55.360]  even have to send out certified mail all that garbage and you're in court and our responses
[41:55.360 --> 42:04.720]  in any given state will be relatively consistent so we can build a second pleading
[42:06.480 --> 42:15.360]  to answer if it it can answer more than was asked so we take every issue they bring and
[42:15.360 --> 42:23.680]  we put them into one one answer so we file a suit they file a answer to the suit and we
[42:23.680 --> 42:30.960]  file a response to their answer so they spend a week research and a lot of money with our
[42:30.960 --> 42:36.400]  lawyers to build this answer they file with us the next day we file a response to it boom
[42:37.760 --> 42:42.880]  it becomes clear to them they're set up and then we move to
[42:44.480 --> 42:51.200]  for mediation make a deal and we ask the governor or whoever we're so and do a calculation guys
[42:51.200 --> 42:55.840]  how much is it going to cost you an attorney fees to win the case
[42:58.720 --> 43:04.080]  and how much of that do you think you're going to get back from me you done took my income
[43:05.040 --> 43:10.480]  you can't get anything back from me it's the best thing you can do is make a deal give us half of
[43:10.480 --> 43:19.280]  what you'd pay for attorney fees to make this thing go away we can do that so you don't have to
[43:19.280 --> 43:27.120]  create arguments you could win at the end of the day just arguments going to cost him a lot of
[43:27.120 --> 43:34.240]  money to fight you against does that make sense yeah that's definitely a great angle i'm i'm trying
[43:34.240 --> 43:41.280]  to do that in chicago pretty soon um for good chicago is a good place to work um contact me
[43:41.280 --> 43:50.480]  offline i will work on that okay okay all right you have to i need to go and thank you very much
[43:50.480 --> 43:53.840]  for your time okay thank you we'll be right back
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[45:55.680 --> 46:10.720]  banner are called toll-free 866 law easy
[46:10.720 --> 46:31.280]  okay we are back brandy kelton rule of law radio and we're going to scott in michigan
[46:31.280 --> 46:43.920]  hello scott scott are you there i am here oh good what do you have for us today
[46:45.520 --> 46:50.720]  actually i uh i meant to call the list and only line i didn't realize i was actually on the queue
[46:51.600 --> 46:57.600]  okay you are on the dime i need a really insightful and intuitive question
[46:57.600 --> 47:03.680]  okay well the best i can come up with for the moment is i was really impressed with all the
[47:03.680 --> 47:11.040]  questions that the last guy was asking he really has uh he really has a mind for trying to uh find
[47:11.040 --> 47:16.160]  the the common red thread that ties it all together and that seemed to be um what he was
[47:16.160 --> 47:21.360]  after and i thought that was a pretty good strategy for any kind of legal thing you want to do is
[47:21.360 --> 47:30.400]  is figuring out what it is that ties it all together changes all i mean it's christ is always good
[47:31.920 --> 47:42.080]  yeah okay you're in michigan yes have what is the do you have your finger kind of on the pulse
[47:42.080 --> 47:53.360]  of the people in michigan michigan has not been a hot spot for coronavirus well at least not as
[47:53.360 --> 47:59.120]  far as i've heard our case our case has just went over a hundred thousand in the last week so it is
[47:59.120 --> 48:07.360]  on the rise although you know it's not as bad as other places how are the people there responding
[48:07.360 --> 48:17.680]  is everybody wearing masks in the city everybody is wearing masks but as you get to the suburb
[48:17.680 --> 48:23.680]  that fades a bit and then when you're out in the rural areas nobody is wearing that
[48:24.720 --> 48:31.120]  that kind of sounds like texas and and they're wearing masks in the cities because they're afraid
[48:31.120 --> 48:40.080]  of legal legal repercussions is it that way in uh michigan that's right that's right
[48:40.080 --> 48:45.280]  essentially essentially every store has a sign that says you know mask required for entry
[48:48.400 --> 48:54.880]  do you have an idea of how the people themselves feel about it you know earlier i spoke to this
[48:54.880 --> 49:02.160]  i went to a restaurant today with my son and darin law and i was trying to make to you to put
[49:02.160 --> 49:07.680]  in my order and they the guy asked me for some options and i couldn't understand him and he
[49:07.680 --> 49:14.960]  pulled the mask down and he said i hate these things i can't wait till the election that
[49:15.440 --> 49:22.480]  indicated that he understood that these were simply perfunctory and that they were just a
[49:22.480 --> 49:31.680]  political ploy do you have any do you see any kind of attitude developing in michigan about these
[49:34.000 --> 49:40.960]  precautions well michigan has kind of been stereotyped as being quite
[49:40.960 --> 49:51.440]  uh anti bad and anti um so having any kind of requirements come down from above as people um
[49:53.120 --> 49:59.840]  there's been a lot of protests in the state capital um but in general you know the usage
[50:00.400 --> 50:07.520]  kind of usage diagram that i explained it really is what the attitudes are also i mean in the city
[50:07.520 --> 50:12.240]  where it's pulled for quarters everybody's cheap and jowl people are a lot quicker to want to have
[50:12.240 --> 50:18.400]  a mask just to just because of the population density and then less so where the population
[50:18.400 --> 50:25.600]  is less than i had to return a uh carburetor at the cabota store this week and you know coming
[50:25.600 --> 50:30.000]  from the city i naturally put the mask on they've been to a business but they all kind of looked
[50:30.000 --> 50:36.960]  to me like oh a city boy wearing a mask you know like there was i could feel the eyes on me that's
[50:36.960 --> 50:44.800]  that's good to see that's that's what i wanted to find out is uh the public as a whole uh
[50:45.920 --> 50:53.040]  are wearing the mask not because the things are necessary because but because of the city
[50:53.040 --> 51:03.360]  requirements and you know my son said that when he thinks it's ridiculous but when i go into a store
[51:04.960 --> 51:09.760]  i said he said he walked into a grocery store and the guard is standing there and he said
[51:09.760 --> 51:15.760]  i just didn't feel like putting the guard in a position to where he had to confront me
[51:15.760 --> 51:23.680]  because i didn't want to wear a mask and while he's in the store these people working in the store
[51:24.240 --> 51:29.840]  now a 17 18 year old kid stalking shelves he did not want to put that guy in a position to have to
[51:29.840 --> 51:35.680]  confront me about not wearing a mask he said he didn't feel like that was fair but everybody
[51:35.680 --> 51:44.480]  else in the store they could kiss my behind so i'm so i'm wondering how many of people in town
[51:44.480 --> 51:53.440]  are wearing these masks because they believe they're necessary or in order to go along to get along
[51:54.640 --> 52:01.680]  to be polite to everybody else there yeah it's gotta be gotta be a mixed bag because unfortunately
[52:01.680 --> 52:10.960]  the math issues seem to be very divided along traditional political life and so you know the
[52:10.960 --> 52:16.400]  city there's a more social pressure to wear the mask but if you're leaning more towards you know
[52:16.960 --> 52:23.440]  the public in uh police then and you're you're doing it begrudgingly uh versus maybe
[52:24.640 --> 52:29.280]  and i hate to stereotype because really those lines do seem to be drawn along the league
[52:31.600 --> 52:38.640]  conservative flesh yeah i'm trying i'm trying to get a temperature of the public
[52:38.640 --> 52:46.640]  um what i see happening this uh the the rhetoric i'm hearing from the democrats
[52:47.920 --> 52:52.000]  uh you know and i keep saying i'm not a republican or a democrat
[52:53.520 --> 53:00.240]  but i am so frustrated with democrats and here lately i've seen uh
[53:00.240 --> 53:09.280]  uh uh several places where they have uh trump advertising going out people
[53:11.360 --> 53:18.000]  with flags on their trucks and giving out hats and stuff i don't see any of that for the democrats
[53:18.720 --> 53:28.400]  see well am i missing something i'm getting i'm getting a question the democrats really
[53:28.400 --> 53:35.520]  see right on the wall and it appears as though they're not putting out a great effort because
[53:35.520 --> 53:44.960]  they're pretty well certain that of how this is going to come out i saw an article in one of the
[53:44.960 --> 53:55.520]  main news agencies that trump is having problems with his base because the middle america between
[53:55.520 --> 54:06.240]  the ages of 35 and 45 uh at his in 2016 was 45 percent of the population now it's down to 41
[54:06.240 --> 54:15.360]  percent when i read that and i said duh what do you think happened to those ones that lost you
[54:15.360 --> 54:24.960]  think they all died or did they get older and move into the group that's even more on his side
[54:24.960 --> 54:28.400]  and you know that sounded like a really really desperate
[54:31.120 --> 54:37.440]  ridiculous spin see just the best they got and
[54:40.400 --> 54:47.200]  i'm just um i needed the democrats to put up a good viable candidate
[54:47.200 --> 54:55.680]  and make trump work for this election it's beginning to look like they've already given given up
[54:58.160 --> 55:02.560]  moving back to coronavirus though if i can i just want to give one more observation which is
[55:02.560 --> 55:09.280]  that there seems to be a big difference between how it was handled here in this country versus
[55:09.280 --> 55:16.880]  how it was handled in other countries i saw footage uh on youtube of the uh um
[55:19.120 --> 55:30.960]  oh yesinda ardern she's the prime minister of um of uh new zealand and in their in their
[55:30.960 --> 55:36.640]  government house when it came time to you know do the coronavirus briefing i mean she was very
[55:36.640 --> 55:44.880]  very um it was very obvious that that the prime minister was sitting down and the authority was
[55:44.880 --> 55:53.040]  being handed over completely to the medical people the disease people and and politic
[55:53.040 --> 56:02.080]  politicization of um the coronavirus briefings was very very carefully avoided they avoided even
[56:02.080 --> 56:08.640]  any appearance of it in other countries and and really you know almost like handed the you know
[56:10.000 --> 56:14.240]  handed the leadership over to the medical people when it came to coronavirus and i
[56:15.120 --> 56:22.000]  it's you know in a stark contrast to how politicized and how you know political opinions
[56:22.000 --> 56:25.040]  mattered sort of more than the science i think in this country in some ways
[56:25.040 --> 56:35.920]  and and i tend to agree with that and that is a much smarter way of doing it i did see an article
[56:36.720 --> 56:46.160]  about new zealand a couple weeks ago where there was a a major outbreak of coronavirus in new
[56:46.160 --> 56:57.040]  in christ church new zealand the capital in new zealand 12 people got coronavirus
[56:57.680 --> 57:06.080]  yeah clearly they got this thing under control and yeah it'd be good if everywhere occurs it
[57:06.080 --> 57:11.680]  is a medical issue and not a political issue it should never have been a political issue here
[57:11.680 --> 57:21.040]  right right i'm most i'm most distressed at the disrespect with which the democrats have
[57:21.040 --> 57:29.360]  treated our president and it's not because i care about trump when obama was elected president
[57:30.160 --> 57:37.760]  the republicans treated him with the kind of dignity a president of the united states had
[57:37.760 --> 57:48.320]  a right to respect and instead here they used every kind of mud they could find and then they
[57:48.320 --> 57:56.080]  they took the coronavirus and made it purely political but as we approach the election
[57:56.080 --> 58:04.960]  we're going to break here yeah i got we got 50 seconds i okay i said this last report by the cdc
[58:04.960 --> 58:13.040]  seems to appear as though they're beginning to backtrack even before the election so
[58:14.480 --> 58:20.000]  maybe they'll stop doing politics all together with corona because i think the public has
[58:20.000 --> 58:29.200]  probably had enough of it hang on randy colton rule of law radio i call it number 512 646 1984
[58:29.200 --> 58:45.600]  chain i see you there and we'll get to you hang on we'll be right back
[58:50.080 --> 58:55.600]  would you like to make more definite progress in your walk with god bibles for america is
[58:55.600 --> 59:01.120]  offering a free study bible and a set of free christian books that can really help the new
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[59:29.440 --> 59:39.040]  recovery version and basic elements of the christian life call bibles for america toll free at 888 551
[59:39.040 --> 59:54.160]  0102 that's 888 551 0102 or visit us online at bfa dot org you're listening to the logos radio
[59:54.160 --> 01:00:03.200]  network at logos radio network dot com the following these flashes brought to you by the
[01:00:03.200 --> 01:00:10.720]  low star lowdown markets for monday the 22nd of july 2019 open with precious metals gold
[01:00:10.720 --> 01:00:20.800]  at $1,429 an ounce silver $16.45 an ounce copper $2.75 an ounce oil texas crude $55.63 a barrel
[01:00:20.800 --> 01:00:28.480]  brand crude $62.47 a barrel and cryptos in order of market cap bitcoin core $10,566.52
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[01:00:40.640 --> 01:00:52.400]  crypto coin history the year 1916 the preparedness day bombing a tying suitcase bomb was detonated
[01:00:52.400 --> 01:00:58.000]  on market street in san francisco during the world war one preparedness day parade killing 10
[01:00:58.000 --> 01:01:07.440]  and entering 40 today in history and recent news since governor greg abbott signed house bill
[01:01:07.440 --> 01:01:13.120]  1325 legalizing heaven attacks his law back in june county prosecutors around the state including
[01:01:13.120 --> 01:01:17.680]  houston austin sandtonium have been dropping marijuana possession charges and even refusing
[01:01:17.680 --> 01:01:22.240]  to file new ones since they are stipulating that they do not have the time or the laboratory
[01:01:22.240 --> 01:01:27.440]  equipment to test the earth for thc margaret moore the travis county district attorney announced
[01:01:27.440 --> 01:01:32.400]  earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.400 --> 01:01:37.040]  because of the law mr abbott and other state officials including the attorney general stipulated
[01:01:37.040 --> 01:01:42.080]  in a letter to county district attorneys back on thursday that marijuana has not been decriminalized
[01:01:42.080 --> 01:01:48.320]  in texas and that these actions demonstrate a misunderstanding of how hb 1325 works as well
[01:01:48.320 --> 01:01:54.880]  as other cities too like the district attorney and al-paso khayme asparza a democrat who also
[01:01:54.880 --> 01:02:00.240]  stated earlier this month that the law quote will not have an effect on the prosecution of marijuana
[01:02:00.240 --> 01:02:06.000]  cases in alpaso however the issue was succinctly summarized by mr brandon ball an assistant public
[01:02:06.000 --> 01:02:10.720]  defender in harris county who stated that quote the law is constantly changing on what makes
[01:02:10.720 --> 01:02:15.200]  something illegal based on its chemical makeup it's important that if someone is charged with
[01:02:15.200 --> 01:02:24.720]  something the test matches what they're charged with a paper by tulane university identified a
[01:02:24.720 --> 01:02:30.080]  five and a half inch american pocket shark as the first of its kind in the gulf of mezzago the
[01:02:30.080 --> 01:02:35.680]  specimen being only the second pocket shark ever captured or recorded with the other one being
[01:02:35.680 --> 01:02:40.720]  found way back in 1979 in the east pacific ocean according to the university paper the
[01:02:40.720 --> 01:02:47.440]  sharks it creates a luminous fluid from a gland near its front fins for the purpose it is hypothesized
[01:02:47.440 --> 01:02:55.760]  to lure and pray who may be drawn into the glow this is work roadie of your lay down for july
[01:02:55.760 --> 01:03:22.560]  22nd 2019
[01:03:22.560 --> 01:03:37.040]  okay we are back randy kelton the rule of law radio on this thursday the fourth day i'm sorry
[01:03:37.040 --> 01:03:44.400]  it's friday the fourth day of september 2020 and we're talking to scott in michigan okay scott
[01:03:45.280 --> 01:03:50.960]  have i had you on the dime long enough uh yeah that's fine if you have other callers please move on
[01:03:50.960 --> 01:03:58.800]  and uh nice talking to you okay thank you scott okay now we're going to shane in new york shane
[01:03:58.800 --> 01:04:13.680]  what do you have for us today speak right i am having a little trouble with your mic
[01:04:13.680 --> 01:04:22.080]  randy can you hear me that's better yes yes what do you have for us today
[01:04:23.920 --> 01:04:29.360]  well i've got a couple things i haven't talked to you um i finally got that order from the bank of
[01:04:29.360 --> 01:04:35.440]  sea judge i asked him for findings facts and conclusions of law on the reason why he stopped
[01:04:35.440 --> 01:04:45.120]  the clerk from from um had in my adversary proceeding served to the bank and he finally
[01:04:45.920 --> 01:04:52.320]  rolled up an order he says see transcripts he says for the reasons stated in here for being
[01:04:52.320 --> 01:05:05.760]  tonight see the transcripts wait a minute i missed something did you not have the transcripts or was
[01:05:05.760 --> 01:05:10.080]  it something in the transcripts i don't know i haven't gotten him yet brandy
[01:05:13.120 --> 01:05:20.320]  oh wait wait he said see the did you say he said see the transcripts right it says right here he
[01:05:20.320 --> 01:05:27.040]  took a little blue pen and he wrote for the reasons stated on the record he wrote a he wrote an order
[01:05:28.240 --> 01:05:34.160]  and just put the dotted numbers stating that uh that the uh sanctions hereby granted in favor
[01:05:34.160 --> 01:05:40.480]  of key bank for 715 and he went ahead and said that the reason why the bankruptcy case was dismissed
[01:05:41.120 --> 01:05:47.120]  for reasons stated on the record and oh so he did that in open court
[01:05:47.120 --> 01:05:54.320]  yes it's not it's an i have to i haven't got i ordered the transcripts um about three weeks
[01:05:54.320 --> 01:06:01.120]  ago and i still have not received them were you in court when he get issued the order
[01:06:02.640 --> 01:06:04.720]  yes what do you say
[01:06:07.280 --> 01:06:10.720]  he nothing just said i'm going to dismiss this i'm going to grant this
[01:06:11.600 --> 01:06:16.400]  and um he then never said anything about the adversary proceeding not being served he just
[01:06:16.400 --> 01:06:21.360]  went on to uh uh a tax order in the adversary proceeding which is a brand new docket number
[01:06:21.360 --> 01:06:26.640]  it's just that the uh this case is hereby closed and closed and the court will not serve the other
[01:06:26.640 --> 01:06:32.400]  side there has been no real any type of findings i asked him for findings but he said keep the transcripts
[01:06:33.600 --> 01:06:42.320]  so that should get once you get to transcripts if it states no facts and law as the law was applied
[01:06:42.320 --> 01:06:51.040]  to the facts then you petition for rid of mandamus from the circuit which circuit are you in second
[01:06:51.040 --> 01:06:56.960]  circuit second second circuit or i can just do a regular appeal and just take it to the you know
[01:06:56.960 --> 01:07:03.840]  to the district court no no no you don't have anything to appeal you don't know why he did that
[01:07:03.840 --> 01:07:12.560]  uh he just dismissed you don't how do you appeal the dismissal when you don't know the facts and
[01:07:12.560 --> 01:07:23.200]  law that he used on which to base the dismissal i know exactly what you mean um okay you need
[01:07:23.200 --> 01:07:31.360]  facts and law so you can argue a misapplication or a mistake but if you don't have it you have
[01:07:31.360 --> 01:07:37.600]  nothing to offer in texas if you don't ask for findings of facts and conclusions at law
[01:07:38.400 --> 01:07:45.520]  then you've waived any error so you lose your option to appeal
[01:07:46.880 --> 01:07:52.480]  in the average person would never know that randy yeah and generally in the federal
[01:07:52.480 --> 01:07:59.360]  law there is no order an order is two parts there's an order and a judgment
[01:08:00.800 --> 01:08:04.400]  and in asking for findings of fact that's asking for a judgment
[01:08:06.480 --> 01:08:12.240]  he should have issued a judgment so you can ask the court the second circuit to order him
[01:08:12.880 --> 01:08:20.400]  to produce a judgment so that you have the facts and law he relied on to render this decision
[01:08:20.400 --> 01:08:27.840]  so that you can perfect your appeal right and that would be go now go directly to the second
[01:08:27.840 --> 01:08:34.480]  circuit correct correct and we would skip over to district court and go right to the second
[01:08:34.480 --> 01:08:40.960]  circuit exactly and the the judge in the second circuit is not going to like you going over his head
[01:08:43.360 --> 01:08:46.080]  so if it lets you know that you're going to call him to task
[01:08:46.080 --> 01:08:53.920]  um i don't know how the second circuit works as whether or not they will order it
[01:08:55.040 --> 01:09:02.720]  but now your problem is is you have no grounds for appeal because you don't know why he ruled
[01:09:02.720 --> 01:09:10.640]  away from death this is something you might want to try to look up in california law in california
[01:09:10.640 --> 01:09:19.840]  how you might want to look up in new york law how do you appeal when a judge refuses to give
[01:09:20.880 --> 01:09:27.280]  findings and conclusions i'm sorry you're in the federal court so you look in the fed
[01:09:28.640 --> 01:09:36.640]  will the appellate court allow you to bring up whatever you believe is in error
[01:09:36.640 --> 01:09:46.560]  or without finding the fact that's what happens in texas if you request findings of fact conclusions
[01:09:46.560 --> 01:09:54.720]  at law and the judge refuses to produce them then all of the you can bring any issues you want
[01:09:55.920 --> 01:10:02.800]  because you have perfected your right to appeal if you don't ask for the findings
[01:10:02.800 --> 01:10:10.320]  then you can't rely on any errors good chance it's the same in the fed
[01:10:14.400 --> 01:10:21.360]  brady i one thing i wanted to ask you when you do a mandamus you're supposed to serve the judge to
[01:10:22.000 --> 01:10:28.480]  by us mail correct absolutely because he needs opportunity to respond
[01:10:28.480 --> 01:10:36.480]  so you don't file into the case you actually serve him privately well you serve the parties i'm sorry
[01:10:36.480 --> 01:10:43.120]  you don't serve the judge himself you serve the parties you file one with the court and that
[01:10:43.120 --> 01:10:51.120]  serves the judge you file one with opposing party right the judge the judge will generally not
[01:10:51.120 --> 01:11:01.680]  write the rebuttal opposing counsel will do that but it's not necessary to file in the bankruptcy
[01:11:01.680 --> 01:11:12.880]  docket sheet correct but yes because the ruling is in the bankruptcy court so yes you need to
[01:11:12.880 --> 01:11:17.840]  file it no no what for the man the mandamus the original copy of the mandamus gets sent to the
[01:11:17.840 --> 01:11:24.400]  second circuit are we supposed to do we change the caption around and file right into the bankruptcy
[01:11:24.400 --> 01:11:36.000]  case too that's a technical question i wouldn't know how to answer i'm not the bankruptcy guy if
[01:11:36.000 --> 01:11:44.720]  it was a just a civil suit that i would file in the fair in in the with the circuit and then i'd
[01:11:44.720 --> 01:11:51.040]  give notice to the judge by filing one in the the the court record and then i would give a copy to
[01:11:52.080 --> 01:11:57.440]  opposing counsel the one thing you can't go wrong with is serving too many people
[01:11:59.680 --> 01:12:03.840]  so if the judge doesn't need to be served and you serve him no harm no foul
[01:12:03.840 --> 01:12:14.480]  but i i don't know the federal rules of procedure well enough in that regard
[01:12:15.040 --> 01:12:20.320]  to be able to answer that one well i'll i'll figure that out randy you mentioned about two
[01:12:20.320 --> 01:12:25.680]  or three months ago um i caught may i had a question with you regarding filing a bar
[01:12:25.680 --> 01:12:30.480]  grievance against an attorney and you said you know file a bar grievance show moves boss
[01:12:30.480 --> 01:12:37.920]  so i've already filed four of them against them since 2015 and this one really hit it out of the
[01:12:37.920 --> 01:12:44.400]  park that's because you said that you know you can't you know he brought up and talked about
[01:12:44.400 --> 01:12:50.400]  my bar grievance he's during a bankruptcy hearing and added as an attachment as an exhibit and say
[01:12:50.400 --> 01:12:55.120]  look at judge he's he's harassing me he's right now he's harassing my bosses the bar grievance
[01:12:55.120 --> 01:13:00.880]  scene in rochester he actually talked about that and brought up stuff that happened to me 10 15 years
[01:13:00.880 --> 01:13:07.600]  ago i remember we're talking to you about this and you said oh good he brought up something that's
[01:13:07.600 --> 01:13:13.200]  supposed to be private and confidential and i do we do recall this is way back in the maybe back in
[01:13:13.200 --> 01:13:19.840]  the year yes i recall that and well here's what happened they are forcing him now to answer
[01:13:19.840 --> 01:13:25.680]  her this grievance that he filed all these documents right into the public in my bankruptcy
[01:13:25.680 --> 01:13:32.640]  case with his sanctions and the uh he just responded and they sent me a copy and his story
[01:13:32.640 --> 01:13:38.720]  was 11 pages long and all the attachments and exhibits came out to be a total of 258 pages
[01:13:40.960 --> 01:13:49.120]  oh wonderful and it says here on the cover letter that i have until september 8 to respond back to
[01:13:49.120 --> 01:13:59.360]  this this is good they're actually they didn't just blow this off out of hand no no not at all
[01:13:59.360 --> 01:14:04.160]  because you brought it up to me and i would have never i mean i would never known that but he you
[01:14:04.160 --> 01:14:09.120]  you know in his letter and we don't have much time to talk about this but in his letters 11 page
[01:14:09.120 --> 01:14:14.720]  letter in any world pop or show email with you i mean he got right into the nook and crannies from
[01:14:14.720 --> 01:14:21.760]  day one from 2015 and it's not double space it's all single space 11 pages long plus exhibits
[01:14:21.760 --> 01:14:28.320]  and attachments of everything that's been filed since 2015 explain themselves he did put an awful
[01:14:28.320 --> 01:14:39.200]  a lot of work into this that he's sweating yeah and right he's a foreclosure attorney and they are
[01:14:39.200 --> 01:14:48.080]  not popular right now with anybody so i'm betting he's sweating pretty good and you've already had
[01:14:48.080 --> 01:14:57.360]  one law firm on this case that got hammered big time he hasn't dated yes so you got to know this
[01:14:57.360 --> 01:15:05.520]  lawyer is probably not feeling very comfortable right now what what was interesting about it is
[01:15:05.520 --> 01:15:10.320]  that he hasn't appeared to any court hearing since that since that the bar grievance he came out
[01:15:11.040 --> 01:15:15.920]  he's sitting other people in and he said one of his other attorneys from the law firm that happened
[01:15:15.920 --> 01:15:21.360]  i'm hearing about three maybe four weeks ago randy and then he complained that i'm filing all these
[01:15:21.360 --> 01:15:28.160]  bar grievances against his his firm i'm one of the partners my name's so-and-so i got to get the
[01:15:28.160 --> 01:15:33.200]  transcripts on that so i was i was going to ask you i probably should file bar grievance against
[01:15:33.200 --> 01:15:41.040]  him though absolutely you should file with the court asking for sanctions because the
[01:15:42.080 --> 01:15:49.120]  one of our grievances filed against an attorney any issue concerning the bar grievance is between
[01:15:49.120 --> 01:15:58.240]  the attorney and the bar and he's bringing this outside the bar trying to use this to
[01:15:58.240 --> 01:16:06.000]  adversely affect the court and that's an that's attempting to apply undue and
[01:16:08.720 --> 01:16:16.320]  i want to say and undue influence i don't have an end for that but undue influence to the court
[01:16:16.320 --> 01:16:23.520]  and the bar specifically forbids the lawyer from addressing this outside the confines of the bar
[01:16:23.520 --> 01:16:32.160]  and the judge is going to know that well not yeah this this is this between the rochester bar
[01:16:32.720 --> 01:16:37.440]  and myself i got to respond um we're going on we're going on a commercial break randy
[01:16:38.080 --> 01:16:46.480]  okay hang on we don't say commercials that sounds too commercial we're going to our sponsors
[01:16:46.480 --> 01:16:54.720]  i got chewed out about that very guy in the radio station in chattanooga tennessee
[01:16:54.720 --> 01:16:58.000]  so i'm trying to be more careful we'll be right back
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[01:17:38.960 --> 01:17:43.680]  consultation is available as well for more information please visit rule of law radio
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[01:18:58.800 --> 01:19:10.640]  hollandaise logos the logos radio network
[01:19:13.040 --> 01:19:24.640]  oh come on
[01:19:24.640 --> 01:19:32.480]  okay we are back randy kelton wheel of law radio on this
[01:19:33.120 --> 01:19:41.360]  friday the fourth day of september 2020 and we're talking to shane in new york okay go ahead shane
[01:19:43.200 --> 01:19:51.520]  so randy um to finish up um my conversation with the show is that um i've already began a response
[01:19:51.520 --> 01:19:56.400]  but i was reading it i mean like it would take me a good week or two to respond to all this stuff
[01:19:56.400 --> 01:20:01.120]  and they and they the bar grievance he wants me to have this reply in their office no later than
[01:20:01.120 --> 01:20:06.240]  september eight so i want to probably mail it out sunday night and it's going from buffalo to
[01:20:06.240 --> 01:20:11.280]  rochester should only pay a couple days to get there and i'm thinking if i get in the mail by
[01:20:11.280 --> 01:20:20.320]  september six that would be done timely correct yes a suggestion on anytime you get a large
[01:20:20.320 --> 01:20:26.720]  document like that read through it and put a heading on every paragraph
[01:20:30.720 --> 01:20:35.920]  that'll break it apart so you can once you once you've been through it one time you put a heading
[01:20:35.920 --> 01:20:41.120]  on every paragraph it will be real easy to maneuver through the document and if you use
[01:20:41.120 --> 01:20:50.400]  microsoft word for that purpose and use the styles heading in microsoft word then microsoft word will
[01:20:50.400 --> 01:20:58.160]  create a table of contents for you so if you go up to view navigation pane then that will give you
[01:20:58.160 --> 01:21:07.120]  a table of contents down the left hand side and i look at those when i build long big complex
[01:21:07.120 --> 01:21:14.480]  documents i always put a heading on every paragraph and use the styles to do that way i thought
[01:21:14.480 --> 01:21:21.200]  you know start heading one headed to your heading through and then i look at the navigation pane
[01:21:21.200 --> 01:21:28.320]  and a lot of times you'll find the same heading on more than one paragraph and more than one place
[01:21:28.320 --> 01:21:36.400]  if he's produced one large single space document good chance he's argued the same thing more than
[01:21:36.400 --> 01:21:44.400]  one time and likely argued it from a different perspective they get confused when they get really
[01:21:44.400 --> 01:21:50.560]  large but if you break them apart with headings now you can cruise down that thing and see what
[01:21:50.560 --> 01:21:56.960]  he's arguing where and it will make it much much easier for you to respond to it
[01:21:56.960 --> 01:22:04.240]  my my argument of the bar complaint the fourth time around by the way wasn't that there's moving
[01:22:04.240 --> 01:22:09.280]  forward with no jurisdiction it was just basically hey look at guys he filed this right into the
[01:22:09.280 --> 01:22:14.560]  federal case this is supposed to be private that was my main that was my main argument that's all i
[01:22:14.560 --> 01:22:21.040]  didn't get into the issue of that they falsified everything and and uh he wrote a huge story here
[01:22:21.040 --> 01:22:28.720]  i mean um but he's not not nor energy mentioned that the reason why he filed into the federal case
[01:22:28.720 --> 01:22:36.400]  is because x y and z never even brought it up so you know he he went to his trouble to write all
[01:22:36.400 --> 01:22:45.120]  this uh might be good that you go to the trouble to rebut it by showing that here's a great you know
[01:22:45.120 --> 01:22:52.960]  these are interesting issues he's bringing up here but as to the bar grievance they're not relevant
[01:22:54.480 --> 01:22:57.280]  this is just can this is just fluff
[01:22:59.760 --> 01:23:05.280]  yeah i i i i already have a response it's probably only be a couple pages long maybe three pages
[01:23:05.280 --> 01:23:10.160]  brandy um i have a serious complaint spells everything out in detail that was blocked by
[01:23:10.160 --> 01:23:19.760]  the bankruptcy judge to even be heard wait say that again you have a complaint about what was
[01:23:19.760 --> 01:23:24.560]  blocked by the bankruptcy judge against yeah it was blocked remember i was just talking to you about
[01:23:24.560 --> 01:23:30.880]  the adversary proceeding yes against against key bank that's the that was one that just was
[01:23:30.880 --> 01:23:36.480]  blocked about a month ago okay what were the issues you brought in the adversary of completing
[01:23:36.480 --> 01:23:46.800]  um well number one is that they the proof of claim they put my name on the proof of claim
[01:23:46.800 --> 01:23:52.880]  that i have a loan with key bank i've never had a loan with key bank um number number two i listed
[01:23:52.880 --> 01:24:00.320]  all the parties and i you know it says right here randy that um when you file a proof of claim
[01:24:00.320 --> 01:24:11.680]  and and you you commit if you commit perjury pursuant to total 18 152 157 and 35 71
[01:24:12.480 --> 01:24:20.480]  it's a $500,000 fine five years in federal prison did you file criminal charges against him with the
[01:24:20.480 --> 01:24:29.360]  um special agent charge fbi no i have everything in envelope i haven't sent it out yet
[01:24:30.640 --> 01:24:37.760]  oh get that done okay that'll that'll change everything once you have the fbi looking at it
[01:24:38.320 --> 01:24:41.520]  and you know anytime you file with the special agent charge
[01:24:42.800 --> 01:24:50.320]  he's going to know you looked him up specifically so he's going to consider it uh political
[01:24:50.320 --> 01:24:57.200]  most people call in to the fbi and talk to their intake section if you bypass their intake section
[01:24:58.160 --> 01:25:05.440]  and talk you know and send your documentation to the special agent himself that's going to be a
[01:25:05.440 --> 01:25:16.640]  red flag for him so in order to see why cover your anal sphincter muscle uh he's going to send
[01:25:16.640 --> 01:25:22.880]  two guys out there in suits to ask some questions about this now he almost certainly has no
[01:25:22.880 --> 01:25:27.280]  intention to take any action but he wants to be able to say he looked into it
[01:25:29.440 --> 01:25:36.720]  and when these guys get a visit from the feds you are you know do you think the bar agreements got
[01:25:36.720 --> 01:25:46.960]  their attention why don't they get a visit from two guys in cheap suits that'll really get their attention
[01:25:46.960 --> 01:25:54.720]  this is why i always say criminal quickly criminal early okay i i do have that ready to go but i'm
[01:25:54.720 --> 01:25:59.120]  working under things but i just want to let you know i don't have a loan and then they did a notice
[01:25:59.120 --> 01:26:04.080]  of mortgage payment on top of that see that brings me a question brings a question about
[01:26:04.080 --> 01:26:11.200]  yeah the quick claim did your mother have a loan with cubic
[01:26:14.400 --> 01:26:22.640]  yes she did but we've already filed um you know discovery issues about having them produce
[01:26:23.440 --> 01:26:29.440]  the contract and producing um an affidavit from the bank itself which they haven't provided anything
[01:26:29.440 --> 01:26:36.800]  they just ignored and okay what's the what is the current condition of your bankruptcy
[01:26:39.360 --> 01:26:42.240]  um everything's up on the field okay
[01:26:44.560 --> 01:26:48.640]  Steve what is the state of their proof of claim has it been granted
[01:26:51.680 --> 01:26:57.760]  um there was no argument on the proof of claim i objected to it but he didn't even get into the
[01:26:57.760 --> 01:27:01.920]  argument because he said this belongs in the state court not bankruptcy court that was the way he got
[01:27:01.920 --> 01:27:09.360]  around it oh so has key bank sued for foreclosure
[01:27:11.920 --> 01:27:17.280]  not against me but my mom back in 2015 okay is that case closed
[01:27:19.280 --> 01:27:24.320]  um no it's not closed because it's still pending they haven't sold the property yet
[01:27:24.320 --> 01:27:30.400]  what's pending uh is there not a final adjudication in that case
[01:27:31.920 --> 01:27:36.400]  right there hasn't been a uh and there's four outstanding motions that have been
[01:27:36.400 --> 01:27:40.800]  they have not been ruled on or just sitting on it they were filed last year okay wonderful
[01:27:40.800 --> 01:27:49.360]  wonderful yeah and get me what i wanted to tell you yeah get me a copy of the note the mortgage
[01:27:49.360 --> 01:27:57.680]  good faith a good faith estimate if you have one hud one settlement statement truth of lending
[01:27:57.680 --> 01:28:08.400]  statement and any payments that you've made that your mother's made and i and i will run you an analysis
[01:28:09.760 --> 01:28:18.480]  that you can come back and make a monetary claim against the lender two to three times the amount
[01:28:18.480 --> 01:28:30.960]  of the original principle in the state suit and then claim even claim the claim tender of the
[01:28:30.960 --> 01:28:42.960]  mortgage by set off against the client okay get me again i'm reinvigorating my foreclosure
[01:28:42.960 --> 01:28:49.600]  process because we're looking at a tsunami of foreclosures so send that to me or give
[01:28:49.600 --> 01:28:56.640]  us some practice and i'll get all my doc even this is a key lock this is a home equity line
[01:28:56.640 --> 01:29:03.600]  of credit there's no all there is a one signed contract it's a key lock there's no there's no
[01:29:03.600 --> 01:29:12.160]  uh nothing else okay well that doesn't matter what i'm going to look at is what did you agree to pay
[01:29:14.240 --> 01:29:21.680]  oh okay does a t-lock you know that doesn't get a hud one does it no it's just a regular
[01:29:22.480 --> 01:29:29.280]  all this is like a credit card it's all this okay have you looked at the
[01:29:29.280 --> 01:29:39.440]  the amounts charged and compared the amounts charged to the contract you entered into with them
[01:29:41.360 --> 01:29:47.040]  now we hang on we're about to go to our sponsors you see sponsors that's what the guy told me
[01:29:47.040 --> 01:29:51.280]  you've got to stay sponsored you can't say break so i'm not going to say we're going to break
[01:29:51.840 --> 01:29:56.240]  we're going to our sponsors we're getting professional here we're getting it together
[01:29:56.240 --> 01:30:06.480]  we'll be right back a top cybersecurity expert has a warning for america if you build an electrical
[01:30:06.480 --> 01:30:11.920]  smart grid the hackers will come and they could cause a catastrophic blackout under
[01:30:11.920 --> 01:30:18.480]  catherine albrecht back with the shocking details in a moment privacy is under attack when you give
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[01:33:34.480 --> 01:33:52.720]  okay we are back randy kelton rule of law radio and on this friday the fourth day of september
[01:33:53.920 --> 01:34:00.960]  2020 and we're talking to shane in new york okay if you have a he lock
[01:34:00.960 --> 01:34:07.120]  there the calculation would be different but have you looked at the amount they're actually
[01:34:07.120 --> 01:34:12.000]  charging you and compared that to your he lock contract
[01:34:16.000 --> 01:34:24.000]  oh i could probably hear you better if i unmute you yeah okay try that again i'm back how you're
[01:34:24.000 --> 01:34:31.920]  doing um yeah i think that when this whole thing started i think my my mom only hold like 21 000
[01:34:32.560 --> 01:34:41.280]  and then it blew up to like 61 000 i think but with how did how did it blow up 61 000
[01:34:42.640 --> 01:34:47.120]  you know just interest and fees and late payment fees and all their other nonsense they put in
[01:34:47.120 --> 01:34:54.720]  there over the last five six years and you know it's fascinating about this whole thing randy um
[01:34:54.720 --> 01:35:01.440]  the first lean holder that was indicted it was hsbc had it which was the lead party for the first
[01:35:01.440 --> 01:35:06.080]  lean holder and keybank just basically idled for the first three four years they just sat there
[01:35:06.080 --> 01:35:11.520]  watching everything go on and then they finally got indicted then keybank jumped in there right as
[01:35:11.520 --> 01:35:16.240]  the second lean holder which is a key lock it's home equity line of credit uh the first lean
[01:35:16.240 --> 01:35:21.360]  holder will not sell the property and they got their little fake judgment a couple years ago
[01:35:21.360 --> 01:35:25.120]  so ever since then keeping trying to sell the property three times and we stopped it all
[01:35:25.120 --> 01:35:29.200]  three times and the last one i just stopped it with my bankruptcy because i had a quick
[01:35:29.200 --> 01:35:36.560]  claim on the property in 2017 so they've uh you know and then they're ready to sell in the fourth
[01:35:36.560 --> 01:35:43.520]  time and then the coronavirus came up okay so keybank was the first lean holder and they
[01:35:43.520 --> 01:35:52.720]  they foreclosed and that foreclosure has been completed no the first lean holder was supposed
[01:35:52.720 --> 01:35:58.880]  to sell it and i think the week or two weeks before they're going to sell the rosicky from
[01:35:58.880 --> 01:36:07.920]  rosicky got indicted it stopped okay okay this is a uh a mortgage state so in order to sell it
[01:36:07.920 --> 01:36:14.480]  they would have had to have an order from a court based on a suit for foreclosure
[01:36:15.760 --> 01:36:21.840]  correct so there was a suit for foreclosure and there was a final adjudication of that suit
[01:36:22.400 --> 01:36:27.440]  is that correct right keybank has right but the first lean holder i want to make it perfectly
[01:36:27.440 --> 01:36:35.520]  clear to you the first lean holder is stuck in the mud okay i got that yeah what i'm looking at is
[01:36:35.520 --> 01:36:41.920]  is if you get me all the documentation i'll give you a claim against the first lean holder
[01:36:44.720 --> 01:36:46.960]  that could well make that one go away
[01:36:51.520 --> 01:36:55.360]  and um they've admitted on the record that they no longer have the note
[01:36:56.080 --> 01:37:00.720]  and that's when the bankruptcy judge well if you don't have the note you guys need to
[01:37:00.720 --> 01:37:05.520]  need to bond this up and they still haven't bonded it for double the amount of value of the loan
[01:37:09.440 --> 01:37:12.960]  and even set on the record that you guys have a real nightmare here i'm not sure how you're
[01:37:12.960 --> 01:37:25.200]  going to sell this property then okay we have had people win in the bankruptcy court and have the
[01:37:25.200 --> 01:37:30.640]  the the loan written off by the bankruptcy court and still the bank's coming foreclose
[01:37:32.400 --> 01:37:39.760]  yes i heard the same thing judges have bought and paid for but one way you might be able to get
[01:37:39.760 --> 01:37:47.520]  them is bring a monetary claim against them i was just going to tell you that i found a
[01:37:48.240 --> 01:37:52.720]  peregrine collection practices lawsuit in federal court last friday against keybank and
[01:37:52.720 --> 01:37:56.880]  and all their officers remember i was talking to you about that i do have the docket number
[01:37:57.600 --> 01:38:01.040]  yes it's it's on the dock it's on the docket as of this wednesday
[01:38:02.240 --> 01:38:07.360]  okay let me make sure i got the the lenders right key bank is the second mortgage holder
[01:38:08.720 --> 01:38:17.360]  correct okay so the first mortgage holder has a judgment but they're unable to collect the judgment
[01:38:18.960 --> 01:38:22.560]  what's really interesting about it you're right they have a judgment but it's in the name of
[01:38:22.560 --> 01:38:26.080]  hsbc and hsbc they have no interest in the property
[01:38:29.360 --> 01:38:35.200]  then that should make their judgment uncollectible but you can expect them to try to collect it
[01:38:35.200 --> 01:38:40.240]  anyway and drag you back into court oh absolutely i know how these people are they don't stop
[01:38:40.240 --> 01:38:48.160]  the thing okay so that's why i'm saying there's something nobody's doing and it should be the
[01:38:48.160 --> 01:39:00.400]  first thing that they do the bank is telling you you owe them money okay how much money do i owe you
[01:39:00.400 --> 01:39:09.600]  and how do you get to that dollar figure they cannot get to that dollar figure right the reason
[01:39:09.600 --> 01:39:18.400]  that the reason they can't get to that dollar figure is every time they change servicers for
[01:39:18.400 --> 01:39:28.000]  some reason i have no idea why the the previous servicer does not forward their records to the
[01:39:28.000 --> 01:39:38.160]  succeeding servicer all the succeeding servicer gets is a dollar amount that's owed right so they
[01:39:38.160 --> 01:39:48.720]  can't prove up any amounts that are owed so the way to take that on is not just say hey you say oh
[01:39:48.720 --> 01:39:58.000]  this much prove it up the way to take that on is to say i did an amortization of the mortgage
[01:39:58.000 --> 01:40:09.840]  and this is what i show that i should owe to the penny now you just claim that i owe a different
[01:40:09.840 --> 01:40:19.760]  amount prove it up exactly that's that and okay when i get to the penny right uh the way i get
[01:40:19.760 --> 01:40:27.440]  there is the first thing i do is take every charge on the hud 1 settlement statement off the head of
[01:40:27.440 --> 01:40:37.600]  the note as if it were the the amount on line 1400 to the hud 1 settlement statement i subtract that
[01:40:37.600 --> 01:40:45.280]  from the mortgage amount on the first payment as an overpayment and then i amortize the mortgage
[01:40:45.280 --> 01:40:57.680]  and if the mortgage would have with this amount taken off would have paid off before 30 years
[01:40:59.840 --> 01:41:09.760]  then anything after that amount is fraudulent that's my allegation what i allege is is that
[01:41:09.760 --> 01:41:17.360]  closing the bank failed to provide documentation to show that the amounts charged on the hud 1
[01:41:17.360 --> 01:41:24.080]  settlement statement were not for services that were otherwise forbidden to be charged by the
[01:41:24.080 --> 01:41:30.160]  lenders under the real estate settlement procedures act that were for services actually rendered
[01:41:31.040 --> 01:41:38.160]  that the services were necessary that the amounts charged were reasonable and that the lender did
[01:41:38.160 --> 01:41:44.000]  not take an undisclosed markup on the amounts charged now that's all right out of the real estate
[01:41:44.000 --> 01:41:50.640]  settlement procedures act and since they did not prove up any of these fees take them all off
[01:41:51.680 --> 01:41:58.960]  as fraudulent and then deduct that from the first payment and then amortize the note
[01:41:59.600 --> 01:42:04.560]  where you're generally going to run out at about payment 240 on a 30-year note
[01:42:04.560 --> 01:42:12.160]  everything after that is fraud and if your mortgage is six months old
[01:42:14.160 --> 01:42:22.720]  and you run this out in fraud you do not claim the amount you were actually defrauded of
[01:42:22.720 --> 01:42:32.960]  you claim the amount you would have been defrauded of had the perpetrators plan ran to fruition
[01:42:35.120 --> 01:42:46.000]  so you claim the full amount and you claim that as fraud and claim it as pecuniary so triple
[01:42:46.000 --> 01:42:54.960]  so you make a claim against the lender taking the amount they would have defrauded you of and
[01:42:54.960 --> 01:43:01.200]  tripling it and adding that to your claim I'm catching a claim between two and three times
[01:43:01.200 --> 01:43:07.760]  the original principle and then you file suit against the lender for fraud and claim
[01:43:07.760 --> 01:43:15.440]  claim tender of the amount of the loan by set off against the claim you're raising against them
[01:43:17.680 --> 01:43:23.840]  and if they've already finished the foreclosure you sue them for this amount you don't owe them
[01:43:23.840 --> 01:43:28.800]  anything now but they've already foreclosed so you sue them straight up for this amount
[01:43:28.800 --> 01:43:36.800]  get them to come to the table make your deal give me the house back i'll drop my suit
[01:43:38.560 --> 01:43:44.400]  give me tender best set off give me the house free i'll drop my suit against you that's the
[01:43:44.400 --> 01:43:49.920]  kind of suit they could lose because the jury could rule for them hang on back to go to our
[01:43:49.920 --> 01:44:01.440]  sponsors like brandy randy kelton with our radio we'll be right back through advances in
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[01:46:26.160 --> 01:46:37.280]  you
[01:46:37.280 --> 01:47:05.760]  The people come down from the hills Into the city they will shuffle
[01:47:05.760 --> 01:47:19.760]  Many long nights, many strong thrills Land of comfort, bangles, scuffles
[01:47:19.760 --> 01:47:28.760]  It's hard to lose And it's hard to hold
[01:47:28.760 --> 01:47:52.760]  Far back as they remember, they've been told They got to learn sign language, sign language
[01:47:52.760 --> 01:48:02.760]  Okay, we are back. Randy Kelkin, Rue de la Radio on this Friday, the fourth day of September 2020.
[01:48:02.760 --> 01:48:05.760]  We're talking to Shane in New York.
[01:48:05.760 --> 01:48:14.760]  Yeah, Shane, I was just talking to Deborah about possibly doing a show dedicated to foreclosure.
[01:48:14.760 --> 01:48:31.760]  Since we're looking at an absolute tsunami of foreclosures coming at us, you know, back in 2008, when the evocal happened, I started doing foreclosures then.
[01:48:31.760 --> 01:48:36.760]  But after about five years, I stopped. I kind of got burnt out on it.
[01:48:36.760 --> 01:48:47.760]  But I see a real problem coming this time. And this time I have a lot more sophistication in my underlying software.
[01:48:47.760 --> 01:48:59.760]  So I'm building, putting things together to start a show to reassess, reinvigorate my foreclosure defense program.
[01:48:59.760 --> 01:49:05.760]  And I may set up a standard show just for foreclosure.
[01:49:05.760 --> 01:49:14.760]  All right, I got breaking news for you. The Governor Cuomo today said that the foreclosure sales were not resumed until the pandemic is done.
[01:49:14.760 --> 01:49:16.760]  So what does that mean?
[01:49:16.760 --> 01:49:22.760]  Oh, man, this messes up a lot.
[01:49:22.760 --> 01:49:39.760]  Yeah, you got you got this mom and pop that bought this six flat walk up for their retirement and they're renting out the six flat walk up and they've got a mortgage against it.
[01:49:39.760 --> 01:49:45.760]  And the governor said that you can't evict anybody even if they're not paying the rent.
[01:49:45.760 --> 01:49:50.760]  And now mom and pop can't pay their mortgage.
[01:49:50.760 --> 01:49:55.760]  Well, the bank can't foreclose on mom and pop.
[01:49:55.760 --> 01:50:13.760]  But these months are going by and the payments are accumulating and mom and pop are not producing income so that when they finally release, mom and pop can keep from losing their property.
[01:50:13.760 --> 01:50:17.760]  This is creating serious, serious problems.
[01:50:17.760 --> 01:50:29.760]  Well, Randy, the referee just filed an affidavit this week, the demand payment of $1,950 for all her work of trying to sell the property four times now.
[01:50:29.760 --> 01:50:37.760]  And it was granted one day. She filed an affidavit for $1,950 that the law firm must pay her within 30 days when the order was issued.
[01:50:37.760 --> 01:50:39.760]  And he signed it the very next day.
[01:50:39.760 --> 01:50:48.760]  And she did. She did. There's no hearing. There's no motion for legal fees or anything. It was just granted. Just you just filed an affidavit with a closed order.
[01:50:48.760 --> 01:50:51.760]  That's pretty standard.
[01:50:51.760 --> 01:50:53.760]  That is standard. Okay.
[01:50:53.760 --> 01:51:04.760]  Yeah. If you put in a what is facially a valid request for payment, you know, for services to one side or the other.
[01:51:04.760 --> 01:51:13.760]  If someone you hired and didn't pay, put in a request that way to judge and grant it to respond to it.
[01:51:13.760 --> 01:51:17.760]  Unless somebody put in an opposition.
[01:51:17.760 --> 01:51:24.760]  Well, we couldn't because he granted that they would be, you know, somebody opposed, they could raise an issue.
[01:51:24.760 --> 01:51:33.760]  But for $1,000, $1,950 for law firm, the pay not not not us, the law firm.
[01:51:33.760 --> 01:51:38.760]  Yeah. So they're, you know, it would cost them more than that to argue about it.
[01:51:38.760 --> 01:51:41.760]  But that that's kind of standard.
[01:51:41.760 --> 01:51:46.760]  Okay. Now, do you think she's trying to bail out or do you think she just wants to get paid?
[01:51:46.760 --> 01:51:54.760]  She's going to get paid. She's done the work and she's just all these suits are tying things up and she's got her money tied up.
[01:51:54.760 --> 01:51:58.760]  And she's probably said enough of that. She is your money.
[01:51:58.760 --> 01:52:02.760]  Is it a waste of time to appeal that order?
[01:52:02.760 --> 01:52:07.760]  Why would you appeal that order? No, you can't appeal that order. You don't have standing.
[01:52:07.760 --> 01:52:10.760]  No, right. But my mom could.
[01:52:10.760 --> 01:52:13.760]  No, she couldn't either.
[01:52:13.760 --> 01:52:16.760]  Okay, because it was directed to the law firm only, right?
[01:52:16.760 --> 01:52:19.760]  Yeah, you got to have a dog in the hunt.
[01:52:19.760 --> 01:52:21.760]  Okay, we don't.
[01:52:21.760 --> 01:52:24.760]  Yeah, you don't. Only the law firm does.
[01:52:24.760 --> 01:52:29.760]  I got you. Okay. All right. That was my last question I had for you on that.
[01:52:29.760 --> 01:52:40.760]  In the meantime, as you and I are talking, I am working on a lawsuit in state court pursuant to Governor Cuomo's new executive order and his new order issue back in January.
[01:52:40.760 --> 01:52:44.760]  That standing can be challenging at any time, even after the sale of the property.
[01:52:44.760 --> 01:52:49.760]  If you believe they don't have the sufficient documents to foreclose, you can bring it up now.
[01:52:49.760 --> 01:52:52.760]  Before it was started, if you don't respond.
[01:52:52.760 --> 01:52:54.760]  Yeah, I told you.
[01:52:54.760 --> 01:53:13.760]  Yeah, you told me that. I just talked to Frank Waldo and he's getting me a meeting with an investor in Chicago who found one of the major foreclosure law firms.
[01:53:13.760 --> 01:53:24.760]  We're trying was trying to save money by only serving one party in a foreclosure where there was a couple that owned a property.
[01:53:24.760 --> 01:53:28.760]  They were just serving one of the two parties.
[01:53:28.760 --> 01:53:38.760]  And he found this and went back and started challenging the foreclosure for lack of proper service.
[01:53:38.760 --> 01:53:53.760]  And had some 500 foreclosures that were already done deals back in court and he's making deals with the with the bank.
[01:53:53.760 --> 01:53:59.760]  So if Cuomo says you can challenge standing and man, I could get you standing.
[01:53:59.760 --> 01:54:10.760]  You give me the documentation and I'm going to look at the documents filed in the records. Let's say there is an assignment in the record.
[01:54:10.760 --> 01:54:24.760]  Did the assignment claim to be assigned by the named holder of the mortgage?
[01:54:24.760 --> 01:54:31.760]  In our case, no. See, this is what happens.
[01:54:31.760 --> 01:54:36.760]  Sometimes you'll get an assignment that hasn't been filed in the record.
[01:54:36.760 --> 01:54:40.760]  So you've got Wells Fargo here is the lender.
[01:54:40.760 --> 01:54:51.760]  And 10 years later, you get an assignment by First National.
[01:54:51.760 --> 01:54:56.760]  First National assigns it to somebody else.
[01:54:56.760 --> 01:54:59.760]  Where did First National come from?
[01:54:59.760 --> 01:55:06.760]  Well, somebody assigned it to First National and didn't file the assignment in the public record.
[01:55:06.760 --> 01:55:10.760]  You're screwed.
[01:55:10.760 --> 01:55:30.760]  They filed the assignment. Is there something in the record to show that the individual who signed the assignment had power of attorney to act for the named holder of the property?
[01:55:30.760 --> 01:55:33.760]  It's notarized.
[01:55:33.760 --> 01:55:41.760]  You request a evidence of the verification from the notary.
[01:55:41.760 --> 01:55:59.760]  If you don't get evidence of verification from the notary, then you file petition for declaratory judgment claiming in the state claiming that the petition is for the purpose of correcting the public record.
[01:55:59.760 --> 01:56:14.760]  That a document filed in the public record was filed in the public record in violation of the statutory requirements in that it has a verification that's unsupportable.
[01:56:14.760 --> 01:56:21.760]  And move the court to strike the document from the record.
[01:56:21.760 --> 01:56:24.760]  How he takes one of those.
[01:56:24.760 --> 01:56:28.760]  You get one file that doesn't have a verification.
[01:56:28.760 --> 01:56:40.760]  You get one that has a signature on there of someone who doesn't have evidence of power of attorney.
[01:56:40.760 --> 01:56:47.760]  So you move to strike that document. You've just broken the chain of title holdership.
[01:56:47.760 --> 01:56:53.760]  All kind of things you can do that way to show standing.
[01:56:53.760 --> 01:56:58.760]  And that's exactly what the bankruptcy court judge said in Buffalo.
[01:56:58.760 --> 01:57:04.760]  He says, you know, either parties brought this up, but I have a problem with this power of attorney.
[01:57:04.760 --> 01:57:06.760]  Exactly. Power of attorney.
[01:57:06.760 --> 01:57:11.760]  And, you know, in Texas, a few years ago, they changed the law.
[01:57:11.760 --> 01:57:30.760]  They used to just to be left open, but they changed the law to say that any document found in the public record by a person, that person must have evidence of power of attorney in the record.
[01:57:30.760 --> 01:57:38.760]  So we could go back and challenge the standing of all those documents if this has been declared the case in New York.
[01:57:38.760 --> 01:57:46.760]  And this guy in Illinois is doing essentially the same thing. He should be able to do this in the state.
[01:57:46.760 --> 01:57:52.760]  Clearly, if both parties were not served, they don't have standing.
[01:57:52.760 --> 01:57:54.760]  Leslie fought her.
[01:57:54.760 --> 01:57:55.760]  Exactly.
[01:57:55.760 --> 01:58:02.760]  Fought hers for three years and the judge did the whole thing out because they hadn't served her husband.
[01:58:02.760 --> 01:58:09.760]  You just said exactly what the bankruptcy court said, but he says I can't make any findings because this belongs in state court.
[01:58:09.760 --> 01:58:14.760]  He was telling you how to handle this.
[01:58:14.760 --> 01:58:17.760]  Yes, he did.
[01:58:17.760 --> 01:58:20.760]  Okay, we are out of time.
[01:58:20.760 --> 01:58:22.760]  Thank you, Shane.
[01:58:22.760 --> 01:58:26.760]  This is Randy Kelpin, the root of our radio.
[01:58:26.760 --> 01:58:36.760]  We'll be back next week, same time, same station, and we'll do a show on Thursdays and Friday nights starting at 8 p.m. Central.
[01:58:36.760 --> 01:58:41.760]  Also, check out Eddie Craig on Monday nights, 8 p.m. Central for his traffic show.
[01:58:41.760 --> 01:58:49.760]  Thank you all for listening and good night.
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