ROL_2021-03-12_16k_Hr1-2.timecode

[00:00.000 --> 00:07.000]  The following news flashes brought to you by the Lone Star Lowdown.
[00:07.000 --> 00:13.320]  Markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce,
[00:13.320 --> 00:21.600]  silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel, Brent crude
[00:21.600 --> 00:32.400]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $227.26,
[00:32.400 --> 00:46.400]  XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.400 --> 00:52.600]  In history, the year 1916, the preparedness day bombing, a tying suitcase bomb, was detonated
[00:52.600 --> 00:57.920]  on Market Street in San Francisco during the World War I preparedness day parade, killing
[00:57.920 --> 01:04.920]  10 and injuring 40.
[01:04.920 --> 01:09.640]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing happen to
[01:09.640 --> 01:14.360]  Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:14.360 --> 01:18.280]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:18.280 --> 01:22.920]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:22.920 --> 01:25.040]  to test the earth for THC.
[01:25.040 --> 01:28.640]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:28.640 --> 01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160]  law.
[01:34.160 --> 01:37.800]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.800 --> 01:42.320]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:42.320 --> 01:48.440]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:48.440 --> 01:54.680]  As well as other cities, too, like the District Attorney in El Paso, Caima Esparza, a Democrat
[01:54.680 --> 01:59.160]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:59.160 --> 02:01.960]  prosecution of marijuana cases in El Paso.
[02:01.960 --> 02:06.920]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.920 --> 02:10.960]  in Harris County, who stated that, quote, the law is constantly changing on what makes
[02:10.960 --> 02:13.680]  something illegal based on its chemical makeup.
[02:13.680 --> 02:17.560]  It's important that if someone is charged with something, the test matches what they're
[02:17.560 --> 02:22.800]  charged with.
[02:22.800 --> 02:27.440]  A paper by Tulane University identified a five-and-a-half-inch American pocket shark
[02:27.440 --> 02:32.560]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.560 --> 02:38.200]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:38.200 --> 02:39.700]  Pacific Ocean.
[02:39.700 --> 02:44.000]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:44.000 --> 02:50.280]  its front fins for the purposes hypothesized to lure and prey who may be drawn into the
[02:50.280 --> 03:16.400]  flow.
[03:20.280 --> 03:23.280]  What's she gonna do? What's she gonna do?
[03:25.280 --> 03:30.280]  Yeah, bad boys, bad boys. What's she gonna do?
[03:30.280 --> 03:32.280]  What's she gonna do when they come back?
[03:32.280 --> 03:36.280]  Okay, howdy howdy, Randy Kelkin with Law Radio.
[03:36.280 --> 03:43.280]  On this Friday, the 12th day of March 2021.
[03:44.280 --> 03:47.280]  And it looks like we won't have Brett today.
[03:47.280 --> 03:52.280]  Instead of coming to do the show, he's out partying.
[03:52.280 --> 03:54.280]  Wouldn't you know?
[03:54.280 --> 03:58.280]  Anyway, I'm gonna turn the phone lines on.
[03:58.280 --> 04:02.280]  Call in number 512-646-1984.
[04:02.280 --> 04:05.280]  If you have a question or comment, give us a call.
[04:05.280 --> 04:08.280]  We'll have the phone lines on all night.
[04:08.280 --> 04:11.280]  That is if my voice lasts all night.
[04:11.280 --> 04:14.280]  I've been having some voices lately.
[04:14.280 --> 04:16.280]  So I'm kind of struggling.
[04:16.280 --> 04:20.280]  And without Brett here for a little comic relief,
[04:20.280 --> 04:25.280]  my voice may stretch then before the end of the show.
[04:25.280 --> 04:34.280]  But I'm gonna start out talking about this arrest I had in Wise County recently.
[04:34.280 --> 04:40.280]  Back in October, I was arrested in the district attorney's office
[04:40.280 --> 04:44.280]  by a sheriff's deputy.
[04:44.280 --> 04:52.280]  I thought in order to prevent me from filing criminal charges against him
[04:52.280 --> 04:59.280]  and another bailiff with the prosecuting attorney, the district attorney.
[04:59.280 --> 05:02.280]  But that may not be the case.
[05:02.280 --> 05:09.280]  I was arrested, spent a night in jail, bonded out the next day.
[05:09.280 --> 05:17.280]  And it was a month and a half before a charge showed up in the public record.
[05:17.280 --> 05:21.280]  I was arrested for a Class C misdemeanor.
[05:21.280 --> 05:28.280]  And under the Open Records Act, I'm sorry, under the Speedy Trial Act,
[05:28.280 --> 05:33.280]  which has been repealed and never refiled,
[05:33.280 --> 05:39.280]  it said that a Class C misdemeanor had to be tried within 30 days.
[05:39.280 --> 05:46.280]  Well, it was over 30 days before there was even a charge filed in the record.
[05:46.280 --> 05:53.280]  But in researching after the charge showed up,
[05:53.280 --> 05:56.280]  I read the statement on the part of the officer.
[05:56.280 --> 06:04.280]  And it seems that by this time, the officer had gotten a lot of flak for arresting me
[06:04.280 --> 06:10.280]  because they kind of knew they were going to have some blowback from me.
[06:10.280 --> 06:18.280]  And he wrote this lengthy statement, a page and a half, maybe no two and a half pages, I believe.
[06:18.280 --> 06:24.280]  And in there, he said the reason he was at the courthouse is that the district judge
[06:24.280 --> 06:34.280]  was afraid and wanted him to escort the district judge into the courthouse, afraid of me.
[06:34.280 --> 06:43.280]  Well, in fact, I had been there and was coming back for the singular purpose of filing criminal charges
[06:43.280 --> 06:52.280]  against public officials with the district judge in his capacity as a magistrate.
[06:52.280 --> 06:56.280]  I've been there, been in this county for nearly 40 years.
[06:56.280 --> 07:03.280]  And all of those folks down there have known me almost that amount of time.
[07:03.280 --> 07:13.280]  And none of them has ever had any reason to be afraid for their person from me that whole time.
[07:13.280 --> 07:19.280]  So it's odd that the district judge would all of a sudden be afraid for his safety
[07:19.280 --> 07:24.280]  when I was coming to him to invoke his duty as magistrate.
[07:24.280 --> 07:31.280]  Well, that gives me the idea that the judge wasn't really afraid of me.
[07:31.280 --> 07:42.280]  What he was afraid of was that I, excuse me, I would invoke his duty as a magistrate.
[07:42.280 --> 07:45.280]  Excuse me, my voice is acting up already.
[07:45.280 --> 07:55.280]  And he called that officer in to interfere with my access to that magistrate.
[07:55.280 --> 08:10.280]  I'm calling that conspiracy to deny due process, false imprisonment, shielding from prosecution.
[08:10.280 --> 08:26.280]  Just yesterday, I went to the county commissioners court and filed a $11.4 million lawsuit against the county.
[08:26.280 --> 08:29.280]  Guys, let's dance.
[08:29.280 --> 08:34.280]  I am about to launch an onslaught on them that I warned them about.
[08:34.280 --> 08:43.280]  I've been trying to get them to follow the code for some 30 years now and they have consistently refused.
[08:43.280 --> 08:56.280]  And I told them at the time that I was preparing a action for Dallas County.
[08:56.280 --> 09:08.280]  But since Sergeant Riggs decided to kick this soapbox up under my feet, we're going to have it in Wise County.
[09:08.280 --> 09:16.280]  So we'll see how arresting me because the officer doesn't want me to file against him.
[09:16.280 --> 09:20.280]  We'll see how that works out for Sergeant Riggs.
[09:20.280 --> 09:23.280]  Oh, we do have some callers already.
[09:23.280 --> 09:30.280]  I will be addressing this complaint in more detail at the moment.
[09:30.280 --> 09:40.280]  I'm putting together a second input page on my traffic website, which I have up and working at the moment.
[09:40.280 --> 09:44.280]  I don't have the pay portion working, but I'm working on that part.
[09:44.280 --> 09:48.280]  I know you guys, I hate it that it's free right now, but it is open.
[09:48.280 --> 09:57.280]  And if you have a ticket, have an issue that you want to fight, just go on, fill out the input information,
[09:57.280 --> 09:59.280]  and it'll take you to the download page.
[09:59.280 --> 10:04.280]  You download all the docs, sign them and send them and have fun.
[10:04.280 --> 10:07.280]  Pretty soon I'll have the pay site set up.
[10:07.280 --> 10:13.280]  I have to do that because the last time I had it set up, when I set it up with pay, people used it.
[10:13.280 --> 10:18.280]  When I took the pay button down, everybody quit using it.
[10:18.280 --> 10:22.280]  I thought that was an odd thing, but it is kind of consistent.
[10:22.280 --> 10:26.280]  People don't trust things that are free.
[10:26.280 --> 10:29.280]  Anyway, I've got the traffic site up.
[10:29.280 --> 10:37.280]  I've got the suit started and I'm building the second page where if you have been arrested in Texas
[10:37.280 --> 10:47.280]  and you have not been taken directly to the nearest magistrate, then this will request an order,
[10:47.280 --> 10:51.280]  a copy of the order under 16.17.
[10:51.280 --> 10:57.280]  Now, some jurisdictions actually have them.
[10:57.280 --> 11:05.280]  Travis County is one that has an order, but the order hasn't been issued by a magistrate after the examining trial.
[11:05.280 --> 11:14.280]  I will start looking into these other counties as I come to them and address the counties individually.
[11:14.280 --> 11:25.280]  You can go online if you've been arrested, fill out the input document for an arrest,
[11:25.280 --> 11:38.280]  and it will spit you out a whole load of documents, one of which is a motion to discharge the claim under 16.17
[11:38.280 --> 11:48.280]  because what 16.17 says is that after examining trial, the magistrate shall issue an order.
[11:48.280 --> 11:57.280]  And if that order is not filed within the court and issue an order showing that he found probable cause or released person at the liberty, whatever they did.
[11:57.280 --> 12:07.280]  If that order is not filed with the clerk of the court within 48 hours, the accused has a right to discharge.
[12:07.280 --> 12:11.280]  That's statutory, that's due process.
[12:11.280 --> 12:24.280]  So we will start, what the system I'm building will do is create a lawsuit, create a criminal charge against the officer,
[12:24.280 --> 12:37.280]  a T-Cole complaint against the officer, a T-Cole complaint against the intake officer, against the sheriff, criminal complaints against both,
[12:37.280 --> 12:50.280]  a criminal complaint and judicial conduct complaint against the judge for exercising jurisdiction over the case,
[12:50.280 --> 13:02.280]  a bar grievance against the lawyer if they have one, a bar grievance against the prosecutor for prosecuting the case, anything else I can think of in the meantime.
[13:02.280 --> 13:10.280]  So I'm getting them set up and of course, most important is a civil suit for false imprisonment.
[13:10.280 --> 13:24.280]  And the way I calculate the civil suit is the Travisant case out of Florida, a legislator was arrested for some reason and held for 22 minutes.
[13:24.280 --> 13:37.280]  He sued, the jury granted an amount equal to, if calculated in those 22 minutes, equal to 2200 a minute.
[13:37.280 --> 13:44.280]  So however long you were held, I just talked to a friend of mine whose son was held for 28 days.
[13:44.280 --> 13:55.280]  That came up to 809 million.
[13:55.280 --> 14:05.280]  And then because what they did was illegal and deliberately illegal, we go for punitive, which is triple, his is 266 million.
[14:05.280 --> 14:11.280]  Mine was only 28 hours, so mine was only immediately 11 million.
[14:11.280 --> 14:27.280]  So when the county starts getting one major lawsuit after another, they're probably probably going to want me to stop telling all these people that's been arrested how they've been mistreated.
[14:27.280 --> 14:30.280]  And it might just come to the table and make a deal.
[14:30.280 --> 14:41.280]  At least that's the idea. These lawsuits are not about the money, but the money's the only thing that gets their attention.
[14:41.280 --> 15:09.280]  I will be suing the peace officer personally and the judge and the lawyers, everyone, because the acts were acts outside of scope and because the determination of probable cause was required in order for the court to accrue subject matter jurisdiction.
[15:09.280 --> 15:19.280]  And when you act without subject matter jurisdiction, you act outside of scope and you have zero immunity for those actions.
[15:19.280 --> 15:23.280]  It's not what you can prove up in court.
[15:23.280 --> 15:30.280]  It's not what the courts will accept that will keep you in court.
[15:30.280 --> 15:34.280]  It's the nature of the charge made.
[15:34.280 --> 15:42.280]  If you accuse a public official of acting outside of scope, that keeps you in court.
[15:42.280 --> 15:54.280]  Then the accused has to come before the court and prove up why their actions should be construed as within scope.
[15:54.280 --> 16:06.280]  And if that occurs, they will dismiss the complaint against the accused and then the state will step in as the accused and it will claim immunity.
[16:06.280 --> 16:18.280]  Except when your accusation is one of false imprisonment for an action for which the state has waived its sovereign immunity.
[16:18.280 --> 16:21.280]  So in any case, we keep it in court.
[16:21.280 --> 16:26.280]  And once it's stuck in court, then their problems begin.
[16:26.280 --> 16:29.280]  Well, that's kind of my story at the moment.
[16:29.280 --> 16:33.280]  I'll keep you up as things move along.
[16:33.280 --> 16:40.280]  I filed the tort letter with the county on the 11th.
[16:40.280 --> 16:45.280]  So in 60 days, 61st day, they get a lawsuit.
[16:45.280 --> 16:47.280]  And then we're off to the races.
[16:47.280 --> 16:52.280]  This is Randy Kelton, Brett Felton. Oh no, just Randy Kelton. No, Brett Felton.
[16:52.280 --> 16:56.280]  Forget that guy even exists. He's out partying tonight.
[16:56.280 --> 17:25.280]  We'll be right back.
[17:26.280 --> 17:28.280]  How to get debt collectors out of your credit report.
[17:28.280 --> 17:33.280]  How to turn the financial tables on them and make them pay you to go away.
[17:33.280 --> 17:38.280]  The Michael Mearris proven method is the solution for how to stop debt collectors.
[17:38.280 --> 17:40.280]  Personal consultation is available as well.
[17:40.280 --> 17:49.280]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mearris banner or email Michael Mearris at yahoo.com.
[17:49.280 --> 18:00.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors next.
[18:00.280 --> 18:04.280]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
[18:04.280 --> 18:07.280]  In today's America, we live in an us against them society.
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[19:24.280 --> 19:39.280]  Hello K, we are back.
[19:39.280 --> 19:51.280]  Randy Felton, the Rule of Law Radio on this Friday, the 12th day of March 2021 and we're going to go to our callers.
[19:51.280 --> 19:55.280]  I'm going to Barrett in Colorado.
[19:55.280 --> 19:57.280]  Hello Barrett.
[19:57.280 --> 19:59.280]  Hi, how are you doing?
[19:59.280 --> 20:06.280]  I'm doing good. You're in our database but it must have been a while since you called.
[20:06.280 --> 20:20.280]  It's been a little bit. I moved from Colorado and now I'm living in my car in Arizona because I bought some property five months ago and I wanted to see the property.
[20:20.280 --> 20:26.280]  And I wanted to start developing it, start putting the driveway or whatever on.
[20:26.280 --> 20:37.280]  So I can't afford to stay in a hotel or a motel or something for a few weeks while I'm developing my property.
[20:37.280 --> 20:44.280]  So I'm forced to stay in my car so I ripped out my front seat and laid some gym mats down.
[20:44.280 --> 20:52.280]  And actually it's pretty comfortable. I'm 5'11 and I can stretch out in this little Honda here.
[20:52.280 --> 20:58.280]  Anyway, I got permission from this church. It's a big huge church.
[20:58.280 --> 21:10.280]  They have deacons there and it's a big church. It has like 200 individual spaces to park and I just parked off into a corner.
[21:10.280 --> 21:20.280]  I got permission from the deacon. And so a couple days later, it's like 3.30 in the afternoon.
[21:20.280 --> 21:34.280]  I had only been there for like 10 minutes and this cop comes up and I just put my window coverings up and comes up and starts knocking on my window.
[21:34.280 --> 21:40.280]  I see him walk to the back of my car because, you see, I'm fighting the driver's license.
[21:40.280 --> 21:50.280]  And because, you know, I don't have a driver's license, insurance or registration because I'm not driving, I'm traveling.
[21:50.280 --> 22:00.280]  And so the plate that I have in the back of my car, I paid $500 for and what it is, it's a plate that has a DOT number on it,
[22:00.280 --> 22:06.280]  like which you have on sunlight trucks. And that number is registered to my name.
[22:06.280 --> 22:14.280]  And this cop tried to, he first, he demanded I.B. for somebody called and I told him, I said,
[22:14.280 --> 22:19.280]  I've got permission from the deacon to stay here in the parking lot.
[22:19.280 --> 22:24.280]  And he says, well, you, what's his name? And he's like, totally didn't believe me.
[22:24.280 --> 22:33.280]  And he said, I need to see some ID. I said, well, don't I have to be in commission of a crime or you have to witness me, witness me doing something?
[22:33.280 --> 22:37.280]  And I wasn't refusing to give him the ID.
[22:37.280 --> 22:47.280]  And then he says, well, you know, I got a call that you're a suspicious person parked out in the lot and so I have to ID you.
[22:47.280 --> 22:54.280]  And I says, well, is suspicious, is that a felony or a misdemeanor? And that's when he, DOTs, when he says, turn around.
[22:54.280 --> 23:02.280]  And he started grabbing me, at final tenuously, when he was telling me, turn around and put your hand behind your back.
[23:02.280 --> 23:06.280]  And he was real rough and he put the handcuffs on tight and then he put me in the back of his car.
[23:06.280 --> 23:15.280]  And he started threatening me like, yeah, you have a big dishes plate and that's a felony and I can throw your car and I can search it.
[23:15.280 --> 23:18.280]  And I don't have to have your permission.
[23:18.280 --> 23:21.280]  And I asked him, I says, is your body cam recording?
[23:21.280 --> 23:32.280]  Because I wanted to record but I was afraid to put my hand in my pocket because this cop, I was afraid this cop was going to shoot me if I tried to put my hand in my pocket so I could record him.
[23:32.280 --> 23:46.280]  And so I asked him if his body cam was recording and he said, yes, so what I'm going to do, I got caught in about, oh, in about 11 days or 12, 13 days or something.
[23:46.280 --> 23:56.280]  Okay, hold on, hold on, you missed a part. You got, don't know, a tangent when you got put in the back seat. What happened after that?
[23:56.280 --> 24:08.280]  They kept me there and I asked for the supervisor and the supervisor was just as bad as the original cop.
[24:08.280 --> 24:13.280]  He said, well, you didn't ID and I could chart, you know, all this stuff.
[24:13.280 --> 24:23.280]  And I'm just wanting to know, can I sue this cop because I don't want the taxpayers to pay for what this cop did even though I can only get $5,000 in small claims.
[24:23.280 --> 24:30.280]  Can I sue this cop individually for false arrest because he didn't take me to jail or throw my car.
[24:30.280 --> 24:34.280]  You can sue him in his personal capacity.
[24:34.280 --> 24:56.280]  And you can, wait a minute, if you're living in your car, then you can qualify for inability to pay and you should be able to get a court-appointed counsel or get fees waived in the civil court.
[24:56.280 --> 25:02.280]  I wouldn't not a court-appointed person. That just says that you're incompetent or you're a child.
[25:02.280 --> 25:10.280]  No, who told you? Yeah, that's nonsense. I've heard that argument. That's a nonsense argument. It doesn't say anything like such thing.
[25:10.280 --> 25:12.280]  It says that you're not a...
[25:12.280 --> 25:14.280]  A public presenter?
[25:14.280 --> 25:22.280]  Well, it does say that you are legally incompetent and there's nothing wrong with that.
[25:22.280 --> 25:30.280]  If you wanted to build a rocket, you would be construed as incompetent. So you'd have to hire a professional.
[25:30.280 --> 25:37.280]  If you wanted to change out your toilet and you're not a plumber, you're incompetent.
[25:37.280 --> 25:45.280]  So that doesn't mean anything. It doesn't change your legal position one bit.
[25:45.280 --> 25:55.280]  If you do get an attorney, then you might get an attorney to take a pro bono.
[25:55.280 --> 26:04.280]  If it's obviously wrongful, then you get to take a pro bono. There's a case that keeps coming to mind.
[26:04.280 --> 26:14.280]  It was a case where on one of these sites that do first amendment audits,
[26:14.280 --> 26:18.280]  and this wasn't a first amendment amendment audit. You got this retired cop in a white neighborhood,
[26:18.280 --> 26:25.280]  looks across the street and sees two black guys on the porch across the street fumbling with the doorknob for a while.
[26:25.280 --> 26:31.280]  And then they go in the house and he said, that didn't look right. So he calls the police to come check them out.
[26:31.280 --> 26:36.280]  And this is in Cincinnati. The police come and they bring them outside and they're talking to them.
[26:36.280 --> 26:44.280]  And one of them's getting pretty upset and they cuff him. They cuff both of them just for their safety and they apologize for it.
[26:44.280 --> 26:49.280]  The police were very polite, very professional.
[26:49.280 --> 26:57.280]  And when they figured out that these guys were telling the truth when they told them that they had just bought this house at auction and they've come to check it out,
[26:57.280 --> 27:05.280]  and the reason they took a while to get in is these houses have a padlock that hangs over the doorknob and it's a combination lock.
[27:05.280 --> 27:06.280]  With a key.
[27:06.280 --> 27:10.280]  Yeah, the key's in it. You get the combination right, you open it up and there's the key.
[27:10.280 --> 27:14.280]  Well, they had trouble getting the combination in it. That's why they fumbled with the door for a while.
[27:14.280 --> 27:19.280]  And finally they said, oh, okay, you guys check out and you apologize for the inconvenience on the left.
[27:19.280 --> 27:29.280]  They sued them and the city settled for $170,000.
[27:29.280 --> 27:34.280]  Okay, this is how it works in the real world.
[27:34.280 --> 27:39.280]  Never expect to win your case in the trial court.
[27:39.280 --> 27:44.280]  Expect to win your case at the mediation table.
[27:44.280 --> 27:56.280]  You know, technically we say Dr. Graves from he speaks to this and he says that in your dictionary, he says never expect to win in the trial court.
[27:56.280 --> 28:02.280]  Your only purpose in the trial court is to set the record for appeal.
[28:02.280 --> 28:10.280]  Well, I'm making an adjustment. I'm not a lawyer the way Dr. Graves is.
[28:10.280 --> 28:15.280]  I'm saying never expect to win your case in the trial court.
[28:15.280 --> 28:19.280]  Expect to win your case at the mediation table.
[28:19.280 --> 28:28.280]  So your purpose in the trial court is to demonstrate to them how much money you're going to cost them.
[28:28.280 --> 28:34.280]  When lose or draw, they're going to lose.
[28:34.280 --> 28:40.280]  The question they have to ask is how much are they willing to lose?
[28:40.280 --> 28:48.280]  Now take a page out of Brett's book, although we shouldn't mention him because he's not on the show today.
[28:48.280 --> 28:53.280]  So we're going to pretend like he doesn't exist while he's out partying.
[28:53.280 --> 28:56.280]  He's never going to hear the end of that.
[28:56.280 --> 29:07.280]  Take a page out of his book and when you file suit against these public officials and a lawyer responds, you tell the lawyer to get lost.
[29:07.280 --> 29:08.280]  Don't talk to me.
[29:08.280 --> 29:09.280]  I didn't hire you.
[29:09.280 --> 29:16.280]  You don't work for me and the lawyer will let you know that he's a lawyer for the defendants.
[29:16.280 --> 29:18.280]  So we'll go talk to the defendants.
[29:18.280 --> 29:19.280]  They hired you.
[29:19.280 --> 29:22.280]  I don't even need to do with you and bar grieve them.
[29:22.280 --> 29:31.280]  It'll make them nuts and that'll let them know upfront you guys are going to have yourself a problem.
[29:31.280 --> 29:41.280]  Without regard to the right of things of the rule of law, just like when the policemen stopped you, you had a problem.
[29:41.280 --> 29:43.280]  Now they're going to have a problem.
[29:43.280 --> 29:53.280]  That's going to cost them a lot of money.
[29:53.280 --> 29:56.280]  We'll be taking your calls as long as my voice holds out.
[29:56.280 --> 30:15.280]  We'll be right back.
[30:15.280 --> 30:44.280]  Privacy is under attack.
[30:44.280 --> 30:47.280]  Cell phones emit radio frequency energy.
[30:47.280 --> 30:48.280]  It's a fact.
[30:48.280 --> 30:53.280]  But whether it's dangerous to have a phone beaming this kind of radiation near your head has been disputed.
[30:53.280 --> 30:57.280]  Some have blamed it for brain tumors while cell phone companies have downplayed concerns.
[30:57.280 --> 31:03.280]  Well, now the Journal of the American Medical Association is confirming that cell phones affect brain chemistry.
[31:03.280 --> 31:12.280]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:12.280 --> 31:15.280]  Researchers aren't sure whether this exposure causes damage.
[31:15.280 --> 31:17.280]  I'm not taking any chances.
[31:17.280 --> 31:21.280]  I always keep the phone far from my body and I use a corded headset.
[31:21.280 --> 31:30.280]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.280 --> 31:31.280]  I lost my son.
[31:31.280 --> 31:32.280]  My uncle.
[31:32.280 --> 31:33.280]  My uncle.
[31:33.280 --> 31:34.280]  My son.
[31:34.280 --> 31:35.280]  On September 11, 2004.
[31:35.280 --> 31:39.280]  Most people don't know that a third tower fell on September 11.
[31:39.280 --> 31:43.280]  A center seven, a 47-story skyscraper was not hit by a plane.
[31:43.280 --> 31:47.280]  Although the official explanation is that fire brought down building seven.
[31:47.280 --> 31:53.280]  Over 1,200 architects and engineers have looked into the evidence and believed there is more to the story.
[31:53.280 --> 31:54.280]  Bring justice to my son.
[31:54.280 --> 31:55.280]  My uncle.
[31:55.280 --> 31:56.280]  My nephew.
[31:56.280 --> 31:57.280]  My son.
[31:57.280 --> 31:58.280]  Go to building what.org.
[31:58.280 --> 32:01.280]  Why it fell, why it matters, and what you can do.
[32:01.280 --> 32:06.280]  Logos Radio Network welcomes a new show to our lineup for the new year.
[32:06.280 --> 32:12.280]  Your talk with Nana will begin Wednesday, January 8 from 8 to 10 p.m. central time.
[32:12.280 --> 32:15.280]  Our goal is in accord with Matthew 5.16.
[32:15.280 --> 32:20.280]  Let your light so shine before men that they may see your good works and glorify your Father,
[32:20.280 --> 32:21.280]  which is in heaven.
[32:21.280 --> 32:26.280]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:26.280 --> 32:32.280]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[32:32.280 --> 32:35.280]  to provoke unto love and good works.
[32:35.280 --> 32:39.280]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[32:39.280 --> 32:41.280]  one chapter per week.
[32:41.280 --> 32:46.280]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[32:46.280 --> 32:48.280]  Christian character development.
[32:48.280 --> 32:55.280]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m.
[32:55.280 --> 33:00.280]  starting January 8 for an inspiring and motivating discussion of the Scriptures.
[33:00.280 --> 33:10.280]  You're listening to the LogosRadio Network at LogosRadioNetwork.com
[33:14.280 --> 33:24.280]  Yeah, I got the warrant and I'm going to solve them, to the government them, prosecute them.
[33:24.280 --> 33:31.280]  Okay.
[33:31.280 --> 33:39.280]  Okay, we are back.
[33:39.280 --> 33:45.280]  Randy Kelkin from LogosRadio and we talk to you.
[33:45.280 --> 33:52.280]  Well, I have a little trouble with those buffer music, there we go.
[33:52.280 --> 33:54.280]  I must have missed the button.
[33:54.280 --> 33:59.280]  I'm also having to produce my own show tonight, so I'm an old guy.
[33:59.280 --> 34:01.280]  Don't multitask well.
[34:01.280 --> 34:03.280]  Okay, go ahead.
[34:03.280 --> 34:04.280]  Barrett?
[34:04.280 --> 34:05.280]  Yeah.
[34:05.280 --> 34:13.280]  I'm going to use, when I go to my, my arrangement, which is in less than two weeks, I'm going
[34:13.280 --> 34:15.280]  to use the...
[34:15.280 --> 34:16.280]  Wait, stop, stop.
[34:16.280 --> 34:18.280]  We're not there yet.
[34:18.280 --> 34:21.280]  What did they charge you with?
[34:21.280 --> 34:28.280]  They charged me with fictitious plate and they say it's on this ticket here, I'm looking
[34:28.280 --> 34:34.280]  at it right now, they say that it's a crime, that it's the nature of it is a crime, but
[34:34.280 --> 34:37.280]  there's no victims, so I'm going to use that one too.
[34:37.280 --> 34:39.280]  Okay, that won't help you.
[34:39.280 --> 34:41.280]  No victims.
[34:41.280 --> 34:48.280]  I know Texas has it and I'm sure every other state has this statute that says that when
[34:48.280 --> 34:59.280]  a criminal law is violated, the state isn't the injured party, so that won't get you far.
[34:59.280 --> 35:03.280]  The judge can't be a party to the...
[35:03.280 --> 35:10.280]  The judge is not a party, the state is the injured party and the state is the one that
[35:10.280 --> 35:12.280]  is prosecuting.
[35:12.280 --> 35:18.280]  But if the judge represents the state and he or she admits it, then...
[35:18.280 --> 35:25.280]  No, the judge stands in the middle between the two, he does not represent the state.
[35:25.280 --> 35:28.280]  I'm telling you what, the courts are already ruled.
[35:28.280 --> 35:30.280]  That's not an argument you'll get anywhere with.
[35:30.280 --> 35:36.280]  I have to do on the rein that I know not to plead.
[35:36.280 --> 35:42.280]  Okay, you're listening to a lot of patriot mythology. Whether you plead or not has no
[35:42.280 --> 35:48.280]  effect on whether or not the court has jurisdiction.
[35:48.280 --> 35:50.280]  There are other things that go to jurisdiction.
[35:50.280 --> 36:03.280]  One is the requirement for a plate is a transportation code requirement and it requires a plate on
[36:03.280 --> 36:07.280]  a public thoroughfare.
[36:07.280 --> 36:12.280]  You are not on a public thoroughfare.
[36:12.280 --> 36:15.280]  Therefore, the charge was fictitious.
[36:15.280 --> 36:25.280]  The allegation, an act of aggravated perjury and malicious prosecution.
[36:25.280 --> 36:28.280]  Have you filed criminally against them yet?
[36:28.280 --> 36:33.280]  No, I haven't. This just happened like the night before last, the evening before last.
[36:33.280 --> 36:36.280]  Oh, good. So it's nice and new.
[36:36.280 --> 36:38.280]  So did they take you to jail?
[36:38.280 --> 36:40.280]  They ripped off my plate.
[36:40.280 --> 36:43.280]  Did they take you to jail?
[36:43.280 --> 36:51.280]  No, he put me in the back of his car with cuffs really tight and left me there for about
[36:51.280 --> 36:54.280]  20 minutes and just kept threatening me.
[36:54.280 --> 36:59.280]  And then I asked for a supervisor and supervisor was just as bad as the original pop.
[36:59.280 --> 37:04.280]  Okay, that's official misconduct.
[37:04.280 --> 37:09.280]  Let's look in Colorado law.
[37:09.280 --> 37:11.280]  This is Arizona right here.
[37:11.280 --> 37:15.280]  Oh, I'm sorry. You said Arizona. I'm thinking Arizona.
[37:15.280 --> 37:17.280]  See my land and start to develop them.
[37:17.280 --> 37:24.280]  Okay, I have looked through Arizona law, but I don't remember this part.
[37:24.280 --> 37:29.280]  In Arizona law, and I lost exactly why I was going there.
[37:29.280 --> 37:33.280]  Oh, oh, oh, oh, in Texas, we have a statute.
[37:33.280 --> 37:39.280]  2202, which 2202 is aggravated assault.
[37:39.280 --> 37:46.280]  Under the aggravated assault statute, it says that if someone commits a simple assault,
[37:46.280 --> 37:58.280]  offensive speech, offensive touching and tight costs that cost pain is actually beyond simple assault.
[37:58.280 --> 38:04.280]  But if they committed simple assault and they were prominently displaying a deadly weapon,
[38:04.280 --> 38:08.280]  that's a second degree felony in the state of Texas,
[38:08.280 --> 38:18.280]  unless they were public officials acting under the color or pretense of an official capacity,
[38:18.280 --> 38:23.280]  in which case it is a felony of the first degree.
[38:23.280 --> 38:31.280]  When Texas put pistols on policemen's hips, they attached a very serious responsibility.
[38:31.280 --> 38:36.280]  When you put on a pistol, you be very, very, very careful.
[38:36.280 --> 38:45.280]  At Arizona law, what does Arizona law say about aggravated assault?
[38:45.280 --> 38:47.280]  What constitutes aggravated assault?
[38:47.280 --> 38:53.280]  And I'm certain that simple assault, while prominently displaying a deadly weapon, will go to aggravated.
[38:53.280 --> 38:59.280]  And since you were on what was clearly private property,
[38:59.280 --> 39:10.280]  and the church parking lot, unlike a service station or Walmart,
[39:10.280 --> 39:17.280]  Walmart is truly a public, the parking lot is open to the public.
[39:17.280 --> 39:20.280]  A church is not.
[39:20.280 --> 39:24.280]  It's technically not. It's open to church members.
[39:24.280 --> 39:27.280]  This is truly private property.
[39:27.280 --> 39:37.280]  And the first thing you want to see is a copy of the dispatch records of the call they received.
[39:37.280 --> 39:40.280]  They're not going to have one. They made that up.
[39:40.280 --> 39:44.280]  So you want to request that.
[39:44.280 --> 39:45.280]  Go ahead.
[39:45.280 --> 39:46.280]  Okay, one thing.
[39:46.280 --> 39:50.280]  When I'm speaking, we have suppressors on the system.
[39:50.280 --> 39:53.280]  My voice will always push over the top of yours.
[39:53.280 --> 39:58.280]  So if you make a note, if you try to speak and I don't respond,
[39:58.280 --> 40:01.280]  it's truly because that you don't hear you at all.
[40:01.280 --> 40:02.280]  Or I hear just a little bit.
[40:02.280 --> 40:04.280]  And I heard just a little bit there.
[40:04.280 --> 40:09.280]  And when that happens, I'll finish the sentence I'm saying, and then I will go to you.
[40:09.280 --> 40:17.280]  So if you're trying to break in, just make a sound and then give me a second to segue in and then I'll go to you.
[40:17.280 --> 40:18.280]  Okay.
[40:18.280 --> 40:19.280]  I got you.
[40:19.280 --> 40:21.280]  You can say so. Go ahead, Brett.
[40:21.280 --> 40:28.280]  Yeah, what was strange is I basically told this cop that the truth.
[40:28.280 --> 40:40.280]  I said, I left my other place, you know, a week ago, came out here so I could start developing my property and saving money.
[40:40.280 --> 40:45.280]  And then this other cop, he was a nice cop.
[40:45.280 --> 40:46.280]  He says, you know what?
[40:46.280 --> 40:51.280]  And while we were all talking, you guys still there?
[40:51.280 --> 40:52.280]  Can you hear me?
[40:52.280 --> 40:53.280]  Yes.
[40:53.280 --> 40:55.280]  Oh, okay.
[40:55.280 --> 41:03.280]  My phone just lit up for some reason, but this other cop, he says, you know what?
[41:03.280 --> 41:10.280]  I have a camper trailer that I'd sell for $2,000.
[41:10.280 --> 41:18.280]  And so we started talking, me and this other cop, the cooler cop that wasn't mean and threatening me and all this stuff.
[41:18.280 --> 41:24.280]  Oh, and this other cop, he told, he got me to say that I'm not going to sue him.
[41:24.280 --> 41:27.280]  He forced me to say that I'm not going to sue him.
[41:27.280 --> 41:29.280]  Who cares?
[41:29.280 --> 41:30.280]  Yeah.
[41:30.280 --> 41:32.280]  That means nothing.
[41:32.280 --> 41:35.280]  He was terrorizing me because he was going to tow my house.
[41:35.280 --> 41:39.280]  It gets down to 13 degrees at night here still.
[41:39.280 --> 41:41.280]  And it stays windy.
[41:41.280 --> 41:44.280]  It's at 6,000 feet where my property is.
[41:44.280 --> 41:52.280]  But I just want to know if I can sue this guy for false arrest and maybe simple assault.
[41:52.280 --> 41:55.280]  And can I do it in small claims where I know how to do it?
[41:55.280 --> 41:56.280]  It's not real difficult.
[41:56.280 --> 42:03.280]  I know I only get five grand, but I can develop my property a little bit more with that.
[42:03.280 --> 42:06.280]  Absolutely, you can sue him.
[42:06.280 --> 42:11.280]  Now, what they might do is remove it to a higher court.
[42:11.280 --> 42:15.280]  But if they do that, you don't have to pay anything they do.
[42:15.280 --> 42:16.280]  Okay.
[42:16.280 --> 42:20.280]  So do I go to the federal court here in this little town of St. John's?
[42:20.280 --> 42:27.280]  No, no, no, no, I'm saying that you can sue in the small claims court.
[42:27.280 --> 42:29.280]  This is only for 5,000, right?
[42:29.280 --> 42:30.280]  Yeah.
[42:30.280 --> 42:36.280]  I don't know what it is in Arizona, but in Texas, this went up to 20,000.
[42:36.280 --> 42:38.280]  It used to be 10.
[42:38.280 --> 42:41.280]  When I first came to Texas, it was two.
[42:41.280 --> 42:42.280]  So you might check.
[42:42.280 --> 42:44.280]  It may be higher than 5,000.
[42:44.280 --> 42:46.280]  Well, I'll find out.
[42:46.280 --> 42:49.280]  But whatever it is, I can sue for the maximum.
[42:49.280 --> 42:50.280]  Yes.
[42:50.280 --> 42:56.280]  And what the other party may do is remove it to a higher court.
[42:56.280 --> 43:02.280]  Or there may be statutes that require you to sue in a higher court.
[43:02.280 --> 43:09.280]  And if so, you file as you file for inability to pay.
[43:09.280 --> 43:14.280]  Do I go to the small claims and say I want to file for inability to pay?
[43:14.280 --> 43:15.280]  Do I say that to them?
[43:15.280 --> 43:16.280]  Yeah.
[43:16.280 --> 43:19.280]  Well, if you can afford to pay them, it's better.
[43:19.280 --> 43:21.280]  Then you don't have that as an issue.
[43:21.280 --> 43:29.280]  But if you just want to file in the small claims, file means you can.
[43:29.280 --> 43:32.280]  I prefer to pay them if I can because...
[43:32.280 --> 43:37.280]  Because I was on private property and you rushed me anyway, even though I didn't take any jailings.
[43:37.280 --> 43:40.280]  You're making things up.
[43:40.280 --> 43:42.280]  That has nothing to do with inability to pay.
[43:42.280 --> 43:43.280]  Hang on.
[43:43.280 --> 43:44.280]  Randy Kelkin.
[43:44.280 --> 43:45.280]  OK.
[43:45.280 --> 43:46.280]  We'll use our radio.
[43:46.280 --> 43:50.280]  I call in number 512-646-1984.
[43:50.280 --> 43:52.280]  We'll be taking your calls all night.
[43:52.280 --> 44:00.280]  We'll be right back.
[44:00.280 --> 44:06.280]  Through advances in technology, our lives have greatly improved, except in the area of nutrition.
[44:06.280 --> 44:09.280]  People feed their pets better than they feed themselves.
[44:09.280 --> 44:11.280]  And it's time we changed all that.
[44:11.280 --> 44:17.280]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:17.280 --> 44:22.280]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[44:22.280 --> 44:25.280]  young Jevity can provide the nutrients you need.
[44:25.280 --> 44:31.280]  Logos Radio Network gets many requests to endorse all sorts of products, most of which we reject.
[44:31.280 --> 44:34.280]  We have come to trust Jevity so much.
[44:34.280 --> 44:40.280]  We became a marketing distributor along with Alex Jones, Ben Fuchs, and many others.
[44:40.280 --> 44:43.280]  When you order from LogosRadioNetwork.com,
[44:43.280 --> 44:47.280]  your health will improve as you help support quality radio.
[44:47.280 --> 44:51.280]  As you realize the benefits of young Jevity, you may want to join us.
[44:51.280 --> 44:56.280]  As a distributor, you can experience improved health, help your friends and family,
[44:56.280 --> 44:58.280]  and increase your income.
[44:58.280 --> 45:00.280]  Order now.
[45:00.280 --> 45:03.280]  Are you the plaintiff or defendant in a lawsuit?
[45:03.280 --> 45:07.280]  Win your case without an attorney with Jurisdictionary,
[45:07.280 --> 45:13.280]  the affordable, easy-to-understand 4-CD course that will show you how in 24 hours,
[45:13.280 --> 45:15.280]  step-by-step.
[45:15.280 --> 45:19.280]  If you have a lawyer, know what your lawyer should be doing.
[45:19.280 --> 45:22.280]  If you don't have a lawyer, know what you should do for yourself.
[45:22.280 --> 45:27.280]  Thousands have won with our step-by-step course, and now you can too.
[45:27.280 --> 45:34.280]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.280 --> 45:39.280]  Even if you're not in a lawsuit, you can learn what everyone should understand
[45:39.280 --> 45:43.280]  about the principles and practices that control our American courts.
[45:43.280 --> 45:49.280]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:49.280 --> 45:52.280]  prosay tactics, and much more.
[45:52.280 --> 45:56.280]  Please visit ruleoflawradio.com and click on the banner.
[45:56.280 --> 46:04.280]  Or call toll-free 866-LAW-E-Z.
[46:26.280 --> 46:38.280]  Okay, we are back.
[46:38.280 --> 46:41.280]  Randy Shelton, rule of law radio.
[46:41.280 --> 46:46.280]  And one thing I've almost never mentioned is that bumper music.
[46:46.280 --> 46:54.280]  All of the bumper music on this site is music from Three Shoes Posse Band,
[46:54.280 --> 47:03.280]  which my producer, Deborah Stevens, and her husband, Jerry,
[47:03.280 --> 47:11.280]  her husband is the leader of that band, and right now they're playing gigs in Austin.
[47:11.280 --> 47:14.280]  So if you get a chance to look up, if you like the music,
[47:14.280 --> 47:16.280]  check out Three Shoes Posse.
[47:16.280 --> 47:19.280]  Okay, we're talking to Barrett in Colorado.
[47:19.280 --> 47:22.280]  I'm sorry, Barrett in Arizona.
[47:22.280 --> 47:24.280]  Yeah, I'm back.
[47:24.280 --> 47:26.280]  Look at...
[47:26.280 --> 47:31.280]  Check out the law in Arizona before you file so you know what the rules are,
[47:31.280 --> 47:33.280]  what the limits are.
[47:33.280 --> 47:41.280]  And if you can pay the filing fee, it makes life easier,
[47:41.280 --> 47:43.280]  but if not, then...
[47:43.280 --> 47:45.280]  Is it 50 bucks or something?
[47:45.280 --> 47:46.280]  Wait, say that again?
[47:46.280 --> 47:49.280]  Isn't it like $50 or something for that?
[47:49.280 --> 47:51.280]  I don't know what it is in Arizona.
[47:51.280 --> 47:57.280]  It's $65 in Texas, unless it's went up recently.
[47:57.280 --> 47:59.280]  But that's not so much.
[47:59.280 --> 48:05.280]  That should be relatively easy for most people to come by.
[48:05.280 --> 48:15.280]  So have you, before you filed a civil suit, have you filed criminally?
[48:15.280 --> 48:16.280]  No, I haven't.
[48:16.280 --> 48:22.280]  This happened literally like the day before yesterday, the evening before yesterday.
[48:22.280 --> 48:28.280]  Okay, you might look at filing aggravated assault charges against him
[48:28.280 --> 48:31.280]  because you were on private property.
[48:31.280 --> 48:39.280]  And first thing you do is request the dispatch logs.
[48:39.280 --> 48:41.280]  There's probably not going to be a dispatch log
[48:41.280 --> 48:46.280]  because the officers drove by and saw you there and decided to check you out.
[48:46.280 --> 48:50.280]  And then when you raised the question, they claimed there was a call.
[48:50.280 --> 48:52.280]  So you want to hear that, you want to see that call.
[48:52.280 --> 48:59.280]  You want to hear the dispatch logs where the dispatcher dispatched them to this location.
[48:59.280 --> 49:05.280]  Because the other cop said that there was a call.
[49:05.280 --> 49:07.280]  That's what you said.
[49:07.280 --> 49:11.280]  I'm buying the telephone from said that there was an actual call.
[49:11.280 --> 49:14.280]  Are you missing something?
[49:14.280 --> 49:19.280]  I'm telling you they will lie to you.
[49:19.280 --> 49:25.280]  So if there is a call, then that means someone called the police,
[49:25.280 --> 49:31.280]  then a police dispatcher dispatched these two officers to that location
[49:31.280 --> 49:36.280]  and they will have dispatch logs.
[49:36.280 --> 49:41.280]  That's for if you don't get them.
[49:41.280 --> 49:45.280]  That means they just decided on their own to come on to private property
[49:45.280 --> 49:51.280]  and interfere with your use of private property.
[49:51.280 --> 49:54.280]  And that's criminal.
[49:54.280 --> 49:59.280]  They did that while prominently displaying deadly weapons.
[49:59.280 --> 50:03.280]  With that deadly weapon, there are things they get to do.
[50:03.280 --> 50:07.280]  But to enter onto private property for the purpose of committing a crime
[50:07.280 --> 50:12.280]  is not one of the things they get to do.
[50:12.280 --> 50:16.280]  Get the penal code and read it.
[50:16.280 --> 50:19.280]  You probably only have to read the first half and it's not very long.
[50:19.280 --> 50:30.280]  You'll read a penal statute about something very particular like foreclosure or eviction
[50:30.280 --> 50:33.280]  or whatever you don't care about all that.
[50:33.280 --> 50:40.280]  Just go through the criminal statutes that pretty well go to the kinds of things you're looking at.
[50:40.280 --> 50:45.280]  Read it once through, then read it a second time.
[50:45.280 --> 50:53.280]  Then sit down and examine their behavior compared to what you find in the penal code
[50:53.280 --> 50:57.280]  and criminal procedure code.
[50:57.280 --> 51:05.280]  They look big when you get the book, but that's because it's all outlined in the slides amongst the white space.
[51:05.280 --> 51:08.280]  They actually read fairly quickly.
[51:08.280 --> 51:13.280]  If you're going to go to court, you need to read those two things twice.
[51:13.280 --> 51:21.280]  Criminal procedure and penal codes.
[51:21.280 --> 51:32.280]  Once you've read those two, now you can go back and look at what they did and see how it compares to what the law says they must do.
[51:32.280 --> 51:34.280]  What they can do, what they can't do.
[51:34.280 --> 51:36.280]  It'll all be in there.
[51:36.280 --> 51:43.280]  Once you've read them through, the first time you won't get it all because of the way the laws are passed.
[51:43.280 --> 51:48.280]  A law is passed whenever an issue is brought up.
[51:48.280 --> 51:58.280]  All the laws concerning the right to stop a citizen weren't all written in one session.
[51:58.280 --> 52:08.280]  They were written at all different times, and then they hired a publisher to take all of these public laws and organize them into a single volume.
[52:08.280 --> 52:20.280]  So that you will have a law like in 16.17 code of criminal procedure.
[52:20.280 --> 52:30.280]  A judge holds, a magistrate holds an examining trial, and after the examining trial, this one says that he sealed all documents had in the hearing,
[52:30.280 --> 52:32.280]  caused his name to be written to court.
[52:32.280 --> 52:33.280]  I'm sorry.
[52:33.280 --> 52:48.280]  He used to issue an order showing whether he's found probable cause or not, and he used to give forward that to the court of jurisdiction.
[52:48.280 --> 53:02.280]  Then over in chapter 17, it says that in kind of the middle of the chapter, 17.30 references 16.17.
[53:02.280 --> 53:10.280]  It says that after an examining trial, the judge shall seal all documents had in the hearing, cause his name to be written across the seal of the envelope, and forward to court of jurisdiction.
[53:10.280 --> 53:17.280]  If you just read one of them, or just read the other one, they won't really make sense.
[53:17.280 --> 53:21.280]  But if you've read chapter 16,
[53:21.280 --> 53:23.280]  Yes, didn't we?
[53:23.280 --> 53:28.280]  Wait, you can't talk while I'm talking.
[53:28.280 --> 53:35.280]  If you read chapter 16, then you read chapter 17 and read 17.30, it'll make perfect sense.
[53:35.280 --> 53:45.280]  When you read chapter 2, and it says when a magistrate says for the purpose of examining to a criminal accusation, that is an examining court.
[53:45.280 --> 53:50.280]  The second time you read it, the first time it won't make sense what that refers to.
[53:50.280 --> 53:55.280]  The second time you read it, you'll say, oh, that refers to chapter 16.
[53:55.280 --> 54:05.280]  The second time you read that, then you'll start stitching all these pieces together, and it will make sense how all of these laws fit with one another.
[54:05.280 --> 54:07.280]  So read them twice.
[54:07.280 --> 54:11.280]  Criminal procedure code and penal code.
[54:11.280 --> 54:14.280]  Okay, you had a comment or question.
[54:14.280 --> 54:19.280]  Can I hold your phone number?
[54:19.280 --> 54:24.280]  Look on, do you have access to email?
[54:24.280 --> 54:28.280]  I'll have an email address.
[54:28.280 --> 54:35.280]  Okay, just send an email to Randy at ruleoflawradio.com.
[54:35.280 --> 54:37.280]  Okay, hold on a second.
[54:37.280 --> 54:39.280]  Let me write this down.
[54:39.280 --> 54:44.280]  My 10 is not working real good, and I don't have a flat place to write, so what was that again?
[54:44.280 --> 54:45.280]  Well, wait a minute.
[54:45.280 --> 54:55.280]  Just go to the website, my email is on the front page.
[54:55.280 --> 54:57.280]  Okay, thank you.
[54:57.280 --> 55:00.280]  It's randy at ruleoflawradio.com.
[55:00.280 --> 55:05.280]  Now, ruleoflawradio.com should be easy to remember.
[55:05.280 --> 55:08.280]  And I hope I'm easy to remember.
[55:08.280 --> 55:12.280]  Okay, randy at ruleoflawradio.com?
[55:12.280 --> 55:13.280]  Yes.
[55:13.280 --> 55:15.280]  Was that it?
[55:15.280 --> 55:18.280]  Yes, that's it.
[55:18.280 --> 55:20.280]  So send me an email.
[55:20.280 --> 55:23.280]  The law suit right away?
[55:23.280 --> 55:25.280]  It's only been two days, so it's like.
[55:25.280 --> 55:27.280]  No, it is no hurry.
[55:27.280 --> 55:35.280]  Before you can file a suit in most jurisdictions, you are required to file a tort letter.
[55:35.280 --> 55:42.280]  And remember I started out the show talking about a tort letter I filed with the county commissioners court.
[55:42.280 --> 55:50.280]  Hey, give me $11.4 million or be sued.
[55:50.280 --> 55:57.280]  So that most jurisdictions require that at least 60 days before you can file a suit.
[55:57.280 --> 55:59.280]  How can I check Arizona?
[55:59.280 --> 56:03.280]  It may be more or less.
[56:03.280 --> 56:08.280]  How can I get my license plate back, the one I paid $500 for?
[56:08.280 --> 56:13.280]  Charge will first charge them criminally for stealing it.
[56:13.280 --> 56:14.280]  Okay.
[56:14.280 --> 56:18.280]  So I'll assume for stealing my plate and an assault?
[56:18.280 --> 56:23.280]  Yeah, aggravated assault, false imprisonment.
[56:23.280 --> 56:26.280]  You were held for 20 minutes?
[56:26.280 --> 56:27.280]  Yeah, yes.
[56:27.280 --> 56:29.280]  Okay, that's good.
[56:29.280 --> 56:39.280]  The case that I used in order to calculate an amount of claim was Travisant v. State.
[56:39.280 --> 56:52.280]  And in that case, the guy was held for 22 minutes and I think they paid him the jury granted him either 23, I think 22 or $23,000.
[56:52.280 --> 57:01.280]  So they come out to, I'm sorry, whatever they charge, they granted him came out to $2,200 a minute.
[57:01.280 --> 57:14.280]  So for 20 minutes, we'll claim 2200 a minute and we'll use Travisant as the foundation or the foundation for the amount that we charge.
[57:14.280 --> 57:16.280]  They're going to say, where'd you come up with this number?
[57:16.280 --> 57:23.280]  We're going to say here's where you came up with it and they're going to say, oh, that's BS. Use your only charge $5.
[57:23.280 --> 57:36.280]  And the deal is whatever you claim in a lawsuit, the other side is going to object to the amount and they're going to argue back and forth.
[57:36.280 --> 57:43.280]  But at the end of the day, there is only one number that the jury is going to remember.
[57:43.280 --> 57:47.280]  And that's the number you walked in the door with.
[57:47.280 --> 57:54.280]  So whatever they decide, they will decide based on the number you walked in the door with.
[57:54.280 --> 58:05.280]  So you claim that as an amount you have a right to, but since you couldn't afford to hire a court, you were forced to file in small claims and the jury should give you the maximum amount.
[58:05.280 --> 58:07.280]  Hang on.
[58:07.280 --> 58:14.280]  Oh wait, still got 40 seconds. Do you have anything else for us?
[58:14.280 --> 58:19.280]  Bro, I just wanted to use your number. I need a little bit more advice. I really want to use this right.
[58:19.280 --> 58:25.280]  Okay, good.
[58:25.280 --> 58:27.280]  Okay, hold on. You're breaking up really bad.
[58:27.280 --> 58:37.280]  So just send an email and we'll talk about this offline. It'll take too much time online to get this sorted out.
[58:37.280 --> 58:45.280]  Hang on. Okay, we'll go ahead and drop off. Send me that email and I'll get in touch with you.
[58:45.280 --> 58:50.280]  Okay, we'll be right back.
[58:50.280 --> 58:54.280]  Would you like to make more definite progress in your walk with God?
[58:54.280 --> 59:01.280]  The Bible for America is offering a free study Bible and a set of free Christian books that can really help.
[59:01.280 --> 59:06.280]  The New Testament recovery version is one of the most comprehensive study Bibles available today.
[59:06.280 --> 59:13.280]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.280 --> 59:18.280]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.280 --> 59:27.280]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ and how to build up the church.
[59:27.280 --> 59:40.280]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:40.280 --> 59:49.280]  That's 888-551-0102. Or visit us online at bfa.org.
[59:49.280 --> 01:00:00.280]  Live Free Speech Radio, LogosRadioNetwork.com.
[01:00:00.280 --> 01:00:06.280]  The following news flash is brought to you by The Lone Star Lowdown.
[01:00:06.280 --> 01:00:17.280]  The markets for Monday the 22nd of July 2019 open with precious metals, gold $1,429 an ounce, silver $16.45 an ounce, copper $2.75 an ounce,
[01:00:17.280 --> 01:00:29.280]  oil Texas crude $55.63 a barrel, Brent crude $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52,
[01:00:29.280 --> 01:00:46.280]  Ethereum $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[01:00:46.280 --> 01:01:00.280]  Today in history, the year 1916, the Preparedness Day bombing, a tying suitcase bomb, was detonated on Market Street in San Francisco during the World War I Preparedness Day Parade, killing 10 and injuring 40.
[01:01:00.280 --> 01:01:04.280]  Today in history.
[01:01:04.280 --> 01:01:18.280]  In recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEPA to tax his law back in June, county prosecutors around the state including Houston, Austin, and San Antonio have been dropping marijuana possession charges and even refusing to file new ones,
[01:01:18.280 --> 01:01:33.280]  since they are stipulating that they do not have the time or the laboratory equipment to test the herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this month that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:01:33.280 --> 01:01:47.280]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works,
[01:01:47.280 --> 01:02:01.280]  as well as other cities too, like the district attorney in El Paso, Kyma Esparza, a Democrat who also stated earlier this month that the law, quote, will not have an effect on the prosecution of marijuana cases in El Paso.
[01:02:01.280 --> 01:02:13.280]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender in Harris County, who stated that, quote, the law is constantly changing on what makes something illegal based on its chemical makeup.
[01:02:13.280 --> 01:02:22.280]  It's important that if someone is charged with something, the test matches what they're charged with.
[01:02:22.280 --> 01:02:39.280]  A paper by Tulane University identified a five and a half inch American pocket shark as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket shark ever captured or recorded with the other one being found way back in 1979 in the East Pacific Ocean.
[01:02:39.280 --> 01:02:53.280]  According to the university paper, the shark secretes a lumus fluid from a gland near its front fins for the purposes hypothesized to lure and prey who may be drawn into the glow.
[01:02:53.280 --> 01:03:11.280]  This was Brook Brody with your lowdown for July 22, 2019.
[01:03:23.280 --> 01:03:28.280]  Hey, hey, hey, hey.
[01:03:28.280 --> 01:03:31.280]  I will pay for the war with my body.
[01:03:31.280 --> 01:03:34.280]  I'm going to pay for the car with my money.
[01:03:34.280 --> 01:03:36.280]  I won't pay for my money.
[01:03:36.280 --> 01:03:38.280]  Okay, we are back.
[01:03:38.280 --> 01:03:46.280]  And he the Cobra is our new co-host who was on the guest bridge.
[01:03:46.280 --> 01:03:53.280]  I brought her up on the guest bridge.
[01:03:53.280 --> 01:03:56.280]  So we have to deal with it.
[01:03:56.280 --> 01:03:57.280]  She speaks.
[01:03:57.280 --> 01:04:04.280]  She's got a strange foreign accent, but we can deal with that.
[01:04:04.280 --> 01:04:07.280]  Somebody's got to.
[01:04:07.280 --> 01:04:09.280]  Okay.
[01:04:09.280 --> 01:04:11.280]  What did you want to call about?
[01:04:11.280 --> 01:04:19.280]  Well, before I go to that, let me go to the give the call in number to call in number is 5126461984.
[01:04:19.280 --> 01:04:25.280]  I had two or three people that I was hoping would call in Mary.
[01:04:25.280 --> 01:04:27.280]  Mary, I hope you will call back tonight.
[01:04:27.280 --> 01:04:30.280]  We didn't get to you last night.
[01:04:30.280 --> 01:04:33.280]  And Mary indicated she had something to do with legislation.
[01:04:33.280 --> 01:04:35.280]  She wanted to talk about.
[01:04:35.280 --> 01:04:38.280]  So if you have a question or comment, give us a call.
[01:04:38.280 --> 01:04:46.280]  We'll be taking calls all night and Tina, you got an email.
[01:04:46.280 --> 01:04:47.280]  Yes, I did.
[01:04:47.280 --> 01:04:58.280]  I got an email regarding from the California appellate court regarding my declaratory judgment appeal.
[01:04:58.280 --> 01:05:13.280]  And it is set for April 14th, and I get up to 30 minutes to make an argument or bring anything else in that I think might sway the judges.
[01:05:13.280 --> 01:05:25.280]  And I'm not to bring in any of the, they don't want me to repeat my appellate brief because they've already read that according to them.
[01:05:25.280 --> 01:05:33.280]  So I'm going to look for 15 minutes because the longer you ask for, the later they bring you in.
[01:05:33.280 --> 01:05:36.280]  And I don't think I need more than 15 minutes.
[01:05:36.280 --> 01:05:42.280]  So at least now it's being heard and we'll see where we go from here.
[01:05:42.280 --> 01:05:43.280]  Okay.
[01:05:43.280 --> 01:05:46.280]  What are you going to say?
[01:05:46.280 --> 01:05:48.280]  We've got nine minutes in the segment.
[01:05:48.280 --> 01:05:52.280]  Give me a nine minute presentation.
[01:05:52.280 --> 01:06:12.280]  I'm going to bring in the fact that we should not even be here because, you know, there was a promise made, a promise not kept.
[01:06:12.280 --> 01:06:16.280]  I should not have to be before this court.
[01:06:16.280 --> 01:06:34.280]  Everything in my pleadings is true and correct, and this attorney has defraud, fraud upon the court in multiple ways and failed to adhere to the professional business codes.
[01:06:34.280 --> 01:06:43.280]  And I've got to think about how he's going to bring in something else, which there.
[01:06:43.280 --> 01:06:44.280]  Okay.
[01:06:44.280 --> 01:06:46.280]  I have a question.
[01:06:46.280 --> 01:06:48.280]  Ms. Coluca, I have a question for you.
[01:06:48.280 --> 01:06:51.280]  There's a promise made and a promise not kept.
[01:06:51.280 --> 01:06:54.280]  So what?
[01:06:54.280 --> 01:06:58.280]  Why is that an issue that should come before this court?
[01:06:58.280 --> 01:07:08.280]  It's an issue that should come before this court, your honor, because one should be able to rely on a written promise by an attorney.
[01:07:08.280 --> 01:07:33.280]  Once on the California evidence code 623, once a promise is made and a person relies upon that, the party making the promise and inducing reliance is stopped from, you know, contradicting that in any litigation after.
[01:07:33.280 --> 01:07:34.280]  Okay.
[01:07:34.280 --> 01:07:35.280]  Okay.
[01:07:35.280 --> 01:07:36.280]  So what?
[01:07:36.280 --> 01:07:38.280]  Made a promise and didn't keep his promise.
[01:07:38.280 --> 01:07:39.280]  Big deal.
[01:07:39.280 --> 01:07:42.280]  What is the problem?
[01:07:42.280 --> 01:07:53.280]  The problem is that that harmed me in that I relied upon a promise and did not continue to bring that up in the prior litigation.
[01:07:53.280 --> 01:08:02.280]  And that is what this attorney intent was that I would stop bringing it up and that that litigation would be.
[01:08:02.280 --> 01:08:04.280]  Okay.
[01:08:04.280 --> 01:08:08.280]  What did you, what promise did you rely on?
[01:08:08.280 --> 01:08:17.280]  The promise that he was going to send me the original note and the lunges regarding regards to my property.
[01:08:17.280 --> 01:08:18.280]  And if...
[01:08:18.280 --> 01:08:22.280]  Why is sending you the original note important?
[01:08:22.280 --> 01:08:45.280]  It's very important because if they had the original note, they should be able to send it to me. There is no imposition. If they didn't have it and they stated that they did, then that means that they were able to foreclose using fraud upon the court.
[01:08:45.280 --> 01:08:52.280]  They did not have standing to bring the foreclosure in.
[01:08:52.280 --> 01:08:53.280]  What does having that note have to do with anything?
[01:08:53.280 --> 01:09:03.280]  According to the law one has to have actual note in their possession in California to be able to bring a foreclosure.
[01:09:03.280 --> 01:09:16.280]  If you don't hold the note indeed if trust, then what standing do you have? I could just go pick that note above the floor and or I could bring a copy of it in but let's say I bring the copy of it in.
[01:09:16.280 --> 01:09:37.280]  I'm going to ask you right now, I'll give you a copy of a $100 bill and all the rest of the judges here and if any one of you can take yourself that was very nice, you know, with that copy of a $100 note then I guess I could accept a copy of the note regarding this property that was worth over $900,000.
[01:09:37.280 --> 01:09:54.280]  Okay, where I'm going and where I'm trying to push you to is standing of the plaintiff to pursue an action against your real property.
[01:09:54.280 --> 01:10:13.280]  It's not enough for them to simply have the note in their hand. They must have that note with a complete chain of holder status showing that they are the holder in due course.
[01:10:13.280 --> 01:10:31.280]  The argument you had before the court was who are these guys. These guys just looked in the public record and found my case number and then did some research on it and come file this suit try to take the property away from me.
[01:10:31.280 --> 01:10:46.280]  I don't know who they are. And we were arguing in court, asking the plaintiff to prove are you the plaintiff or are you the plaintiff?
[01:10:46.280 --> 01:10:52.280]  In the trial court where the promise was made, were they the plaintiff or defendant?
[01:10:52.280 --> 01:11:08.280]  They were always the defendant because California is a non-judicial state. Good, good. So they're the defendant. They claimed standing to enforce a promise.
[01:11:08.280 --> 01:11:28.280]  And you were trying to determine if they did in fact have standing because people in California and other states have been foreclosed on by the long party. One California case comes to mind where the woman was foreclosed on and then six months later she was foreclosed on again.
[01:11:28.280 --> 01:11:53.280]  This is happening in another case. Do you remember the case? Don't remember it offhand. I could probably dig it out. But it's important that the right person foreclose and even the courts will have to admit that during the foreclosure crisis the banks have made a horrible mess of the record keeping.
[01:11:53.280 --> 01:12:15.280]  So in order to ensure that you're not foreclosed on the second time, if you lose the property in the first foreclosure, they could come back again and then you could be saddled with a second debt because if the wrong party takes your property, the right party cannot be harmed by that.
[01:12:15.280 --> 01:12:36.280]  You would still owe the correct party whatever value was left on the note or the claim. So it's important that you know who is actually doing the foreclosure and that they demonstrate they have standing to do that foreclosure, not just because I said so.
[01:12:36.280 --> 01:12:58.280]  And you argue this in court and a way to prove it would be production of the original note with all the attached synonges. And the defendant made a promise in the court that they had it and that they would produce it.
[01:12:58.280 --> 01:13:13.280]  In the pause they made that promise, you stopped litigating the issue. You accepted what they told you as true and that rendered that issue moot for that litigation.
[01:13:13.280 --> 01:13:27.280]  Then after the litigation, they didn't produce it. That's why it's, that's how you were harmed. But isn't that already in your appellate brief?
[01:13:27.280 --> 01:13:47.280]  That is in the appellate brief. What I haven't got in the appellate brief is the fact that the only pretty much that I've been learning is the FDIC only gave them the servicing rights.
[01:13:47.280 --> 01:14:10.280]  And if they only have the servicing rights, that's different from having the actual holder, especially when their assignments and the lunges claim, you know, are falsely notarized and the lunges are undated and they have the two most infamous local signers on there.
[01:14:10.280 --> 01:14:31.280]  And they have in the past said, oh, we are the investor. And yet on another document they say the investor on this note is not reimbursed by the FDIC and the last share agreement and the investor will lose 100% if it's opposed upon.
[01:14:31.280 --> 01:14:52.280]  Well, which statement is true? Who is this mysterious investor that is not going to get reimbursed by the FDIC or one wet if there's a foreclosure? And I'm just reading some stuff today that the FDIC gave the servicing rights.
[01:14:52.280 --> 01:15:15.280]  So generally when they give it, okay, did they, who was the trustee? Who was it? Only the trustee can do the foreclosure. Was the trustee named in an assignment or an appointment in the public record?
[01:15:15.280 --> 01:15:24.280]  They have had two substitute trustees filed in the public record.
[01:15:24.280 --> 01:15:37.280]  Who filed, who filed those substitute trustees notices in the public record and how did they have standing to make that filing?
[01:15:37.280 --> 01:15:50.280]  That's a good question. The first one was Meridian foreclosure services out of Nevada. And the second time it was Barrett Daphne and Fraffia out of Texas.
[01:15:50.280 --> 01:15:57.280]  Okay, who appointed the first substitute trustee?
[01:15:57.280 --> 01:16:08.280]  According to the document, it says that one west substituted the assistant secretary.
[01:16:08.280 --> 01:16:12.280]  Who was the original lender?
[01:16:12.280 --> 01:16:23.280]  The original lender was First Federal Bank of California and the original trustee was Seaside Financial.
[01:16:23.280 --> 01:16:28.280]  We're about to, we're getting close to breaks, but I'll do this quickly.
[01:16:28.280 --> 01:16:43.280]  Is there a direct and uninterrupted line of assignments of the mortgage between the original mortgagee and one West Bank?
[01:16:43.280 --> 01:16:47.280]  No.
[01:16:47.280 --> 01:16:51.280]  It goes from the office to the office.
[01:16:51.280 --> 01:17:00.280]  Hang on, Randy Kelton will be right back.
[01:17:00.280 --> 01:17:05.280]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.280 --> 01:17:09.280]  Stop debt collectors now with the Michael Mirris Proven Method.
[01:17:09.280 --> 01:17:14.280]  Michael Mirris has won six cases in federal court against debt collectors and now you can win two.
[01:17:14.280 --> 01:17:20.280]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[01:17:20.280 --> 01:17:24.280]  What to do when contacted by phone, mail, or court summons?
[01:17:24.280 --> 01:17:26.280]  How to answer letters and phone calls?
[01:17:26.280 --> 01:17:28.280]  How to get debt collectors out of your credit report?
[01:17:28.280 --> 01:17:33.280]  How to turn the financial tables on them and make them pay you to go away?
[01:17:33.280 --> 01:17:38.280]  The Michael Mirris Proven Method is the solution for how to stop debt collectors.
[01:17:38.280 --> 01:17:40.280]  Personal consultation is available as well.
[01:17:40.280 --> 01:17:46.280]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner.
[01:17:46.280 --> 01:17:50.280]  Or email Michael Mirris at yahoo.com.
[01:17:50.280 --> 01:17:57.280]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.280 --> 01:18:00.280]  To learn how to stop debt collectors now.
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[01:19:28.280 --> 01:19:55.280]  Okay, we are back.
[01:19:55.280 --> 01:20:03.280]  Randy Kelton, Tina Cobruk, our special co-host today because a certain somebody is out partying
[01:20:03.280 --> 01:20:10.280]  instead of here on the radio, something which we won't let him forget.
[01:20:10.280 --> 01:20:20.280]  Okay, what we were doing is I'm sitting here as the judge and everything you say,
[01:20:20.280 --> 01:20:29.840]  I'm going to think so what? How does that go to an actionable claim? And we were
[01:20:29.840 --> 01:20:37.400]  talking about who are these guys who are making these claims and the reason for
[01:20:37.400 --> 01:20:49.440]  asking for the note was to get a complete line of holder status. So who is the
[01:20:49.440 --> 01:20:57.520]  entity making the claim against your property now and specifically how did
[01:20:57.520 --> 01:21:06.000]  they come by that claim? The entity right now is a one-west bank or actually
[01:21:06.000 --> 01:21:12.920]  they've morphed into CIT because CIT bought one-west bank so it's you know
[01:21:12.920 --> 01:21:22.160]  always CIT formerly one-west bank. They came about this supposedly because in
[01:21:22.160 --> 01:21:29.760]  December of 2009 the OTS the Office of Drift and Supervision shut down first
[01:21:29.760 --> 01:21:35.480]  federal bank of California and apparently according to one document I
[01:21:35.480 --> 01:21:42.720]  have they were shut down after 5 p.m. on December 18th and at the same day it
[01:21:42.720 --> 01:21:48.800]  was trans all the assets were transferred to the OTS and on that same day the
[01:21:48.800 --> 01:21:53.640]  assets were transferred from the Office of Drift and Supervision to the federal
[01:21:53.640 --> 01:21:59.320]  deposit insurance corporation FDIC and on that same day after 5 p.m. they were
[01:21:59.320 --> 01:22:06.240]  then transferred to one-west bank. That's a lot of transfers in one day. The only
[01:22:06.240 --> 01:22:14.280]  corporate assignment they have is from the FDIC to one-west bank which is
[01:22:14.280 --> 01:22:20.600]  robo-signed and there is no power of attorney filed with that corporate
[01:22:20.600 --> 01:22:33.120]  assignment. Have you challenged that assignment directly? Yes and the courts
[01:22:33.120 --> 01:22:41.600]  here just ignore the argument. Ignore it? Yeah they don't they don't say they
[01:22:41.600 --> 01:22:50.120]  say everything can be ratified so they really don't address the issue because
[01:22:50.120 --> 01:22:58.440]  of an assignment and because it's been recorded it's given validity. Were you
[01:22:58.440 --> 01:23:05.480]  able to challenge the ratification? No I have not known how to challenge the
[01:23:05.480 --> 01:23:10.600]  ratification and my former attorney said it couldn't be challenged because they
[01:23:10.600 --> 01:23:17.480]  are able to ratify certain things. Okay and that it actually makes sense in
[01:23:17.480 --> 01:23:26.560]  these complex interactions here that they would have a procedure so that
[01:23:26.560 --> 01:23:31.880]  every tiny little nuance wouldn't be something that would be challenged
[01:23:31.880 --> 01:23:40.160]  because you'd be in court forever. Okay the thing I'm looking for is primarily
[01:23:40.160 --> 01:23:47.760]  assignments. Who assigned what to whom and how did the
[01:23:47.760 --> 01:23:58.080]  assign or a crew standing to make the assignment? That's an interesting question
[01:23:58.080 --> 01:24:06.320]  because according to the corporate assignment of trust deed which I can
[01:24:06.320 --> 01:24:18.760]  pull up the FDIC assigned it to one West Bank but I later got a letter from when
[01:24:18.760 --> 01:24:26.040]  I when I asked the the FDIC about that they said that Brian Gly and Crystal
[01:24:26.040 --> 01:24:34.880]  Moore did not work for the FDIC. They would have worked for one West Bank and
[01:24:34.880 --> 01:24:40.520]  one West Bank would have assigned it essentially I guess to themselves and
[01:24:40.520 --> 01:24:46.800]  they said that the the power of attorney would be recorded in the Orange
[01:24:46.800 --> 01:24:52.880]  County Recorder's office which I have not found it in nobody else's. The
[01:24:52.880 --> 01:24:57.320]  assignment of deed of trust is for good and valuable consideration. The
[01:24:57.320 --> 01:25:01.800]  sufficiency of which is hereby acknowledged the undefined Federal
[01:25:01.800 --> 01:25:06.440]  Deposit Insurance Corporation as receiver for First Federal Bank of
[01:25:06.440 --> 01:25:13.760]  California assigned or by these presence does convey grant sell assigned
[01:25:13.760 --> 01:25:19.400]  transfer and set over the described deed of trust together with a certain note
[01:25:19.400 --> 01:25:26.360]  described therein without recourse representation or warranty together with
[01:25:26.360 --> 01:25:32.960]  all right, title and interest secured by thereby all liens of any rights due or to
[01:25:32.960 --> 01:25:40.000]  become due there on to one West Bank FSD said the made by Tina Colbert trustee of
[01:25:40.000 --> 01:25:47.080]  the Empire of Global Trust recorded on 11 17 2004 and the assignment is made
[01:25:47.080 --> 01:25:54.920]  without recourse representation or warranty express or implied by the FDIC
[01:25:54.920 --> 01:26:03.440]  I see in its corporate capacity or as receiver and signed by Brian Bly attorney
[01:26:03.440 --> 01:26:12.800]  in fact whom Brian Bly is an employee of nationwide title clearing company which
[01:26:12.800 --> 01:26:22.320]  is a document prep mill in Florida. Does that help?
[01:26:22.320 --> 01:26:30.840]  Okay that was an assignment from FDIC to one West according to this corporate
[01:26:30.840 --> 01:26:38.560]  indeed written by a nationwide and it says the after Federal Deposit Insurance
[01:26:38.560 --> 01:26:45.640]  Corporation is receiver for First Federal Bank. Brian Bly is assigning it but
[01:26:45.640 --> 01:26:51.840]  according to FDIC Brian Bly didn't work for them and how does one West if they
[01:26:51.840 --> 01:26:56.960]  worked for one West how does one West to find something to themselves and what
[01:26:56.960 --> 01:27:01.360]  system when it talks about without recourse representation or warranty. Okay
[01:27:01.360 --> 01:27:11.760]  hold on hold on this is a problem does is this an issue that has been adjudicated?
[01:27:11.760 --> 01:27:17.040]  Well everything in my case has been a dismissed with prejudice and they won't
[01:27:17.040 --> 01:27:24.120]  let me bring anything else in. Okay then I need to take a step back we were
[01:27:24.120 --> 01:27:32.800]  practicing how you were going to present to this court. What issues have do you
[01:27:32.800 --> 01:27:40.680]  have available that have not been presented in the appeal? That I'll have
[01:27:40.680 --> 01:27:48.240]  to double check on but according to what were the attorneys for one West claim is
[01:27:48.240 --> 01:27:53.640]  that it doesn't matter what I bring even if it's new I should have could have
[01:27:53.640 --> 01:28:01.080]  bought it before just as they said in the declaratory judgment I could have bought
[01:28:01.080 --> 01:28:08.640]  up the fact that I had you know requested to note I should have requested it in
[01:28:08.640 --> 01:28:12.880]  2011 and 2014 but as we pointed out in the
[01:28:12.880 --> 01:28:19.800]  availability how could one you know claim that then when the note was not
[01:28:19.800 --> 01:28:26.360]  fully satisfied and that's what statute relies upon it says once the loan is
[01:28:26.360 --> 01:28:32.960]  fully satisfied the mortgage or can request the original note and if the
[01:28:32.960 --> 01:28:40.840]  mortgage has not been fully satisfied how can you technically request it in 2011
[01:28:40.840 --> 01:28:47.120]  and 2014 because it wasn't satisfied until 2015. When were these the when was
[01:28:47.120 --> 01:28:58.400]  this accusation made was it made in this particular litigation then have you
[01:28:58.400 --> 01:29:06.520]  filed for sanctions against these lawyers for failure to speak with candor to the
[01:29:06.520 --> 01:29:16.520]  court? No I have I put my in the appeal brief I did put in that they did the
[01:29:16.520 --> 01:29:21.880]  instances where they failed to speak with candor to the court because before
[01:29:21.880 --> 01:29:30.120]  you can apply for sanctions according to what I read is that you first have to
[01:29:30.120 --> 01:29:35.400]  send all this to the opposing side I think you're going to run us off the
[01:29:35.400 --> 01:29:39.640]  pet brandy and you can't buy it. I would never do a thing like that only
[01:29:39.640 --> 01:29:47.080]  Blatt does that never me. Randy Kelsen, field of law radio are called in number
[01:29:47.080 --> 01:29:55.320]  512-646-1984 if you have a question or comment give us a call we'll be right
[01:29:55.320 --> 01:29:57.880]  back
[01:30:01.120 --> 01:30:07.160]  sorry soft drink lovers even diet drinks can make you fat a new study shows the
[01:30:07.160 --> 01:30:11.680]  diet soda drinkers gain much more weight than people who avoid the stuff. I'm Dr.
[01:30:11.680 --> 01:30:17.400]  Kauffer at Albright. I'll be back in a moment with the scoop on supposedly skinny sodas.
[01:30:41.680 --> 01:30:50.400]  Artificial sweeteners cut the calories and help you lose weight right? Wrong.
[01:30:50.400 --> 01:30:55.000]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for
[01:30:55.000 --> 01:30:59.200]  nearly a decade. They found that regularly drinking diet soda expanded
[01:30:59.200 --> 01:31:04.040]  people's waistlines five times more than no soda at all. The study's authors say
[01:31:04.040 --> 01:31:07.920]  artificial sweeteners trigger the appetite but unlike regular sugars don't
[01:31:07.920 --> 01:31:12.360]  deliver anything to squelch it. Waking up hunger without satisfying it leads to
[01:31:12.360 --> 01:31:17.200]  cravings which can result in a larger overall calorie intake. So use natural
[01:31:17.200 --> 01:31:20.920]  sweeteners to maintain a healthy weight and if you need to shed some pounds avoid
[01:31:20.920 --> 01:31:25.680]  the sweet stuff all together and drink water instead. I'm Dr. Catherine Albright
[01:31:25.680 --> 01:31:29.880]  more news and information at CatherineAlbright.com
[01:31:29.880 --> 01:31:35.240]  this is building 7 a 47 story skyscraper that fell on the afternoon of
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[01:33:00.560 --> 01:33:21.560]  Looking for some treats? You found it. LogosRadioNetwork.com.
[01:33:30.560 --> 01:33:50.040]  Okay, we are back. Dandy Kelton, rule of law radio here with our special guest
[01:33:50.040 --> 01:33:58.760]  host Tina Cobruk. Okay Tina, I am the court of appeals panel. What do you have
[01:33:58.760 --> 01:34:09.160]  for us today? Well there's good practice because you know it's teaching me what I
[01:34:09.160 --> 01:34:16.120]  should do. I would like to bring in that the respondent which I put in my brief
[01:34:16.120 --> 01:34:21.520]  is a serial filer of incorrect statements and that they've made a series of
[01:34:21.520 --> 01:34:27.480]  completely unfounded statements. They have attempted to tell the court that I
[01:34:27.480 --> 01:34:34.200]  should have bought this argument about getting the original note back in 2011
[01:34:34.200 --> 01:34:41.200]  and 2014. Yet the actual statute that is before the court and the question is
[01:34:41.200 --> 01:34:50.160]  based on whether the promise the actual note has been fully satisfied and of
[01:34:50.160 --> 01:34:58.920]  course I'm listening to this and I'm thinking so what so what that is
[01:34:58.920 --> 01:35:06.560]  essentially a rabbit hole and why is that they're getting you to argue an
[01:35:06.560 --> 01:35:13.720]  issue that's irrelevant okay makes no difference all that makes no difference
[01:35:13.720 --> 01:35:21.960]  the only thing before the court right now is a promise a promise made a action
[01:35:21.960 --> 01:35:30.400]  taken based on reliance on the promise the promise not kept and you're harmed
[01:35:30.400 --> 01:35:39.160]  thereby okay that's all this before the court this is a simple and remind the
[01:35:39.160 --> 01:35:44.760]  court this is a simple petition for declaratory judgment the only issue
[01:35:44.760 --> 01:35:53.120]  before the court is when that lawyer made his promise did he bind himself by
[01:35:53.120 --> 01:35:59.720]  promise area stop nothing else before the court all these other issues these
[01:35:59.720 --> 01:36:09.440]  lawyers are arguing are just distractions when a lawyer comes into
[01:36:09.440 --> 01:36:16.080]  court and makes a promise to the court and opposing side when lies on that
[01:36:16.080 --> 01:36:24.720]  promise does that raise a claim by the harmed party
[01:36:24.720 --> 01:36:35.160]  this was not made in court the promise was made outside of court while we were
[01:36:35.160 --> 01:36:40.440]  in litigation but it wasn't the promise was not submitted to the court
[01:36:40.440 --> 01:36:45.760]  submitted to my attorney okay then it doesn't matter who said the promise
[01:36:45.760 --> 01:36:52.200]  was made the promise was made in writing yes the only question before the this
[01:36:52.200 --> 01:36:59.400]  court is it's not even actually the question before this court is not even
[01:36:59.400 --> 01:37:09.840]  the promise the question before this court is once a litigate once a note is
[01:37:09.840 --> 01:37:18.680]  extinguished or satisfied and a request for the original mortgage document is
[01:37:18.680 --> 01:37:33.920]  made under was it 2914 2941 2941 under 2941 did the legislature intend that the
[01:37:33.920 --> 01:37:40.840]  holder present the original note back to the borrower that's the only thing
[01:37:40.840 --> 01:37:48.280]  before this court and this is where I'm unsure of how to really bring this because
[01:37:48.280 --> 01:37:55.360]  the judge and the other side go on the second part of 2941 and they convoluted
[01:37:55.360 --> 01:37:59.960]  to say well if it's in foreclosure and the trustee and that you know they've
[01:37:59.960 --> 01:38:06.480]  become the holder and you have no standing because you were forced on but
[01:38:06.480 --> 01:38:13.360]  my argument then is the only reason and way they could satisfy the note in full
[01:38:13.360 --> 01:38:19.080]  is because of the equity that I had worked for in my property and built up
[01:38:19.080 --> 01:38:24.680]  if I had not done that and there was no equity it could not have been fully
[01:38:24.680 --> 01:38:30.040]  satisfied so therefore I should have the standing to bring this because it was my
[01:38:30.040 --> 01:38:36.760]  equity that satisfies that note is that a good argument or is there a better way
[01:38:36.760 --> 01:38:45.640]  to put it very good point that you had an investment in the satisfaction of the
[01:38:45.640 --> 01:38:54.040]  note because it swallowed all of your equity correct okay if you have a
[01:38:54.040 --> 01:38:59.200]  deficiency judgment if you if it's sold at foreclosure sale for less than what
[01:38:59.200 --> 01:39:04.480]  is owed then you don't have standing to bring that argument that you get the
[01:39:04.480 --> 01:39:09.280]  original note back because the note then was not fully satisfied if it was sold
[01:39:09.280 --> 01:39:14.320]  or less than what was owed wait a minute I don't think in California you can have
[01:39:14.320 --> 01:39:19.000]  a deficiency judgment in a foreclosure well that's true but it's not fully
[01:39:19.000 --> 01:39:24.600]  satisfied if it's sold for less than what is owed it is still not fully
[01:39:24.600 --> 01:39:30.360]  satisfied that is the question and that is the exact point the note has to be
[01:39:30.360 --> 01:39:35.600]  fully satisfied so it means the lender has to get everything they are saying
[01:39:35.600 --> 01:39:48.880]  they're owed they can't once the the lender exercises your I'm not that's the
[01:39:48.880 --> 01:39:58.240]  term you granted a claim once they exercise the claim that you granted
[01:39:58.240 --> 01:40:04.120]  them and I'm gonna try to make sure I get the wording right in a mortgage you
[01:40:04.120 --> 01:40:14.280]  have to get a Joe a confessed judgments where I was looking for in in a deed of
[01:40:14.280 --> 01:40:21.000]  trust state as opposed to a mortgage state the mortgage state if someone
[01:40:21.000 --> 01:40:29.000]  defaults on the mortgage then the mortgage or must go to the courts and
[01:40:29.000 --> 01:40:35.320]  secure a judgment in a deed of trust state the deed of trust contains a
[01:40:35.320 --> 01:40:44.000]  confessed judgment so they can go straight to foreclosure that is true once
[01:40:44.000 --> 01:40:52.480]  they exercise the confessed judgment then whatever the property sells for that
[01:40:52.480 --> 01:41:00.160]  satisfies is satisfies the claim there can be no deficiency judge but it
[01:41:00.160 --> 01:41:06.280]  doesn't fully satisfy what they're owed and that is where the question is yes
[01:41:06.280 --> 01:41:11.920]  I agree exactly with what you're saying but they can claim that let's say the
[01:41:11.920 --> 01:41:18.040]  property was sold for 500,000 and they claim 600,000 was owed they can then
[01:41:18.040 --> 01:41:22.720]  claim well it wasn't fully satisfied because although the law says you know we
[01:41:22.720 --> 01:41:26.440]  don't have a deficiency judgment there was still a hundred thousand owed to it
[01:41:26.440 --> 01:41:35.680]  but if the property was 400,000 you can claim nonsense since the bank elected
[01:41:35.680 --> 01:41:44.640]  to exercise its option of a confessed judgment it chose to forego any
[01:41:44.640 --> 01:41:52.240]  deficiency okay so when they made that choice to forego co a deficiency
[01:41:52.240 --> 01:41:55.760]  judgment they can't come back now and complain and complain about it unless
[01:41:55.760 --> 01:42:03.400]  they want to undo the foreclosure that's an interesting point that we have to
[01:42:03.400 --> 01:42:08.960]  talk about later and bring up very simply because the first part of that
[01:42:08.960 --> 01:42:15.760]  statute is very clear that the mortgage or can request the original note back
[01:42:15.760 --> 01:42:24.520]  once the loan is fully satisfied and they admit that their loan was satisfied
[01:42:24.520 --> 01:42:30.600]  in full they've admitted that in one of the letters so that's not so if the
[01:42:30.600 --> 01:42:36.840]  court tries to go to this other argument then they have all their they have their
[01:42:36.840 --> 01:42:42.640]  statute their what is it their stop will they're
[01:42:42.640 --> 01:42:55.040]  collaterally stopped from claiming that the note was not fully satisfied exactly
[01:42:55.040 --> 01:43:01.640]  right so the if they try to you know you can address this other issue of the note
[01:43:01.640 --> 01:43:08.200]  being fully satisfied if they have in writing stipulated to satisfaction
[01:43:08.200 --> 01:43:13.280]  there's that they're collaterally a stop from claiming something different now
[01:43:13.280 --> 01:43:19.720]  correct and the quote the big question here which probably other people are
[01:43:19.720 --> 01:43:25.920]  thinking about is you know if they promise to send the original note which
[01:43:25.920 --> 01:43:30.720]  was custom maybe $10 to send me at once the litigation is over which they
[01:43:30.720 --> 01:43:40.040]  promise they've spent at least $50,000 stopping me from getting that note what
[01:43:40.040 --> 01:43:46.040]  that's an interesting issue but not one that's before this court if I was the
[01:43:46.040 --> 01:43:50.600]  lawyer the other side I would object relevance hang on
[01:43:50.600 --> 01:44:00.720]  root of our radio I call in number 512646 1984 we'll be right back through
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[01:46:26.920 --> 01:46:53.240]  okay we are back to kelton's radio here with our special guest host Tina
[01:46:53.240 --> 01:47:03.240]  Kovac and we were talking about how to talk to the court of appeals panel we're
[01:47:03.240 --> 01:47:12.400]  already have a an appeal in an appellate briefs and now they want oral argument
[01:47:12.400 --> 01:47:19.000]  what is it that they actually want Tina well that's what I'm not sure they want
[01:47:19.000 --> 01:47:23.800]  something that will persuade them one way or the other that is not in the
[01:47:23.800 --> 01:47:29.400]  appellate briefs and I did as you were talking earlier about had I filed for
[01:47:29.400 --> 01:47:34.880]  sanctions you cannot ask for sanctions until you have asked the other side to
[01:47:34.880 --> 01:47:42.840]  retract their statement that are fall oh yes you have to give it kind of the
[01:47:42.840 --> 01:47:49.440]  safe harbor rule that you have to give them 30 days from serving them saying
[01:47:49.440 --> 01:47:53.440]  you know here is your false statement I'd like you to retract retract this
[01:47:53.440 --> 01:47:58.720]  otherwise I will file for sanctions which they would like but that's what the
[01:47:58.720 --> 01:48:06.360]  rules are here oh good and that's a good idea anyway even if the rules don't
[01:48:06.360 --> 01:48:22.040]  require it it could have been an honest mistake so we're back to the these
[01:48:22.040 --> 01:48:31.320]  judges the only thing I would think that since everything is in the appellate
[01:48:31.320 --> 01:48:39.840]  brief the thing to bring before them is to remind them what is before the court
[01:48:39.840 --> 01:48:48.960]  and what is not before the court the only thing before the court is promissory
[01:48:48.960 --> 01:48:57.400]  estoppel I'm sorry if that's not the right term the only thing before the
[01:48:57.400 --> 01:49:05.760]  court is did the the legislature mean what it said in the black letter of the
[01:49:05.760 --> 01:49:17.200]  law when it required the lender to return the original note upon satisfaction
[01:49:17.200 --> 01:49:25.160]  of the claim and their claim was satisfied the the lender elected the
[01:49:25.160 --> 01:49:32.480]  option of exercising the confessed judgment and thereby satisfied the claim
[01:49:32.480 --> 01:49:41.720]  the lender has has it in written admission admitted to the claim being
[01:49:41.720 --> 01:49:48.640]  satisfied and it's therefore collaterally stopped from claiming otherwise so the
[01:49:48.640 --> 01:49:56.680]  only issue before the court is must the lender return the original note on
[01:49:56.680 --> 01:50:04.120]  request correct and is the that the first part of the statute is very clear and
[01:50:04.120 --> 01:50:10.320]  and unambiguous the second part of it is a little bit more ambiguous and open to
[01:50:10.320 --> 01:50:14.560]  interpretation and they're interpreting it that I did not have standing because I
[01:50:14.560 --> 01:50:20.840]  was foreclosed upon so I have no standing because I was not the trustee or the
[01:50:20.840 --> 01:50:27.360]  beneficiary that was their argument that I was not the beneficiary of the trustee
[01:50:27.360 --> 01:50:34.120]  so that I have no standing to bring it because it was closed upon so they and
[01:50:34.120 --> 01:50:40.160]  of course I brought up the California and in California constitutions that one of
[01:50:40.160 --> 01:50:46.680]  the comments there is that the statute you know if it furthers the rights of the
[01:50:46.680 --> 01:50:52.280]  people should be broadly construed and you know rather than narrowly construed
[01:50:52.280 --> 01:50:59.520]  and this furthers the right of the people you know to have this broadly
[01:50:59.520 --> 01:51:08.680]  construed that if this the second portion of the act if it should be read
[01:51:08.680 --> 01:51:17.600]  in paramateria with the first the intent stated in the first portion of the
[01:51:17.600 --> 01:51:23.920]  act it was the legislative term area can you can you explain that word
[01:51:23.920 --> 01:51:32.920]  paramateria the paramateria in in concert with
[01:51:32.920 --> 01:51:44.800]  okay so that they both fit they both can bring the same outcome okay so you know
[01:51:44.800 --> 01:51:50.640]  what what is a person of you know ordinary prudence somebody who is not
[01:51:50.640 --> 01:51:57.440]  an attorney just a simple person who you know fighting these dead collectors and
[01:51:57.440 --> 01:52:07.880]  such like if they read this they should be able to entertain wait a minute the
[01:52:07.880 --> 01:52:18.960]  statute okay what does 2941 say what's the first section of it say okay let me
[01:52:18.960 --> 01:52:25.000]  just pull that up and I will tell you because I'm always saying it does not
[01:52:25.000 --> 01:52:31.720]  say anything about if you're in foreclosure you can't do this I'm looking
[01:52:31.720 --> 01:52:44.520]  for who can make the request 2941 okay within 30 days after any mortgage have
[01:52:44.520 --> 01:52:51.160]  been satisfied the mortgagee or the assignee of the mortgagee shall execute
[01:52:51.160 --> 01:52:56.640]  a certificate of discharge as provided in section 2939 and shall record a cause
[01:52:56.640 --> 01:53:05.160]  to be recorded in the office can you record it which in which the mortgagee
[01:53:05.160 --> 01:53:12.800]  is recorded see 2941 every okay okay hold on the whole thing up the key word
[01:53:12.800 --> 01:53:24.880]  there is mortgagee what does mortgagee mean the mortgagee is the party that
[01:53:24.880 --> 01:53:30.680]  holds the loan if we need to look up the legal definition of mortgagee that
[01:53:30.680 --> 01:53:38.360]  mortgagee is not the beneficiary the beneficiary is the mortgage or you made
[01:53:38.360 --> 01:53:46.840]  it you're speaking to a promise to pay yes the beneficiary is the one who
[01:53:46.840 --> 01:53:56.280]  receives payment this statute cannot be read to mean that only the the beneficiary
[01:53:56.280 --> 01:54:04.720]  has the right to request the note because they would already necessarily have
[01:54:04.720 --> 01:54:12.120]  it yeah here it says requires statute 2941 b1 requires the beneficiary upon
[01:54:12.120 --> 01:54:17.440]  payoff to execute and deliver to the trustee the original note dated trust
[01:54:17.440 --> 01:54:25.160]  request for a forward companion and they have to do that now see what goes the
[01:54:25.160 --> 01:54:30.640]  violation of the statute shall make the violator liable to the person affected
[01:54:30.640 --> 01:54:39.520]  by the violation for all damages let's see I'm trying to find the exact kind of
[01:54:39.520 --> 01:54:44.200]  where it says the mortgagee can request it and of course I pulled up the one
[01:54:44.200 --> 01:54:50.640]  website where it doesn't say that the mortgagee or couldn't request it the
[01:54:50.640 --> 01:55:00.200]  mortgagee would have to have it so mortgagee who you're the mortgagee you're
[01:55:00.200 --> 01:55:11.160]  the one that received the mortgage and you gave them the promise because you're
[01:55:11.160 --> 01:55:20.040]  the only one who doesn't have access to it so yes and if I don't get it as you
[01:55:20.040 --> 01:55:26.040]  said earlier somebody else can come in and do that
[01:55:26.040 --> 01:55:34.080]  it's essentially a bar about mm-hmm whoever holds it can come and make the
[01:55:34.080 --> 01:55:41.440]  claim again so that leaves you subject to the claim the clear language of the
[01:55:41.440 --> 01:55:49.400]  statute said the mortgagee so what were they arguing about beneficiary the same
[01:55:49.400 --> 01:55:59.960]  because it was foreclosed upon that I do not have the standing to ask for this
[01:55:59.960 --> 01:56:09.040]  and you know how do you stop being the mortgagee I don't know yeah at what
[01:56:09.040 --> 01:56:16.840]  point did you stop being mortgagee I'm assuming that they're considering that
[01:56:16.840 --> 01:56:24.280]  when they substituted the original trustee but here it is the complainer
[01:56:24.280 --> 01:56:29.920]  to be one within 30 calendar days after the obligation secured by any deed of
[01:56:29.920 --> 01:56:34.760]  trust has been satisfied the beneficiary or the assignee of the beneficiary shall
[01:56:34.760 --> 01:56:44.240]  execute and draw deliver to the trustee the original note and I the trustee the
[01:56:44.240 --> 01:56:50.240]  trustee the trustor of success or an interest and that person's last known
[01:56:50.240 --> 01:56:57.680]  address that's the person whom the recorder can deliver I'm just looking
[01:56:57.680 --> 01:57:08.160]  further ready I'm trying to think where it is okay well why are you speaking to
[01:57:08.160 --> 01:57:17.160]  that it seems as though they're ignoring the meanings of terms the clear
[01:57:17.160 --> 01:57:23.600]  language of the law says that they the beneficiary is to return the promise to
[01:57:23.600 --> 01:57:29.760]  pay to the mortgagee the mortgagee is the one who produced the promise to pay
[01:57:29.760 --> 01:57:36.040]  yeah the mortgagee shall deliver upon the written request of the mortgagee or the
[01:57:36.040 --> 01:57:43.840]  mortgagee is successes or assignee mortgage or mortgagee I need to look
[01:57:43.840 --> 01:57:53.840]  those up I seem to keep getting those transposed who is the mortgagee the
[01:57:53.840 --> 01:58:10.160]  mortgagee or is the person who let's see the mortgagee or let's not confuse everybody we'll speak to you pick this up on the other side this is Randy
[01:58:10.160 --> 01:58:17.160]  Kelton oh I said ah I'm never supposed to say oh that's a cardinal sin Randy
[01:58:17.160 --> 01:58:25.320]  kelton tina crowbrook rule of law radio a call in number 512 646 1980 for Irwin
[01:58:25.320 --> 01:58:30.600]  Irwin you just dropped off you call us back we'll be going to our callers here
[01:58:30.600 --> 01:58:36.840]  pretty soon I call it number oh I already said that didn't I I'm getting
[01:58:36.840 --> 01:58:41.800]  confused we'll be right back
[01:58:41.800 --> 01:58:51.400]  okay the movie dual stop stop stop or what would you like to make more
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