ROL_2021-03-26_16k_Hr3-4.timecode

[00:00.000 --> 00:06.800]  The following news flash is brought to you by the Lone Star Lowdown.
[00:06.800 --> 00:13.200]  Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429 an ounce,
[00:13.200 --> 00:21.440]  silver $16.45 an ounce, copper $2.75 an ounce, oil, Texas crude $55.63 a barrel, Brent crude
[00:21.440 --> 00:29.840]  $62.47 a barrel, and cryptos in order of market cap, Bitcoin Core $10,566.52, Ethereum $200.00
[00:29.840 --> 00:41.520]  $227.26, XRP Ripple $0.33, Litecoin $100.31, and Bitcoin Cash is at $324.10 a crypto coin.
[00:46.000 --> 00:52.480]  In history, the year 1916, the preparedness day bombing, a time suitcase bomb was detonated
[00:52.480 --> 00:57.440]  on Market Street in San Francisco during the World War I Preparedness Day Parade,
[00:57.440 --> 01:00.320]  killing 10 and injuring 40. Today in history.
[01:04.480 --> 01:09.920]  And recent news, since Governor Greg Abbott signed House Bill 1325 legalizing HEP and attacks his
[01:09.920 --> 01:14.960]  law back in June, county prosecutors around the state, including Houston, Austin, San Antonio,
[01:14.960 --> 01:18.800]  have been dropping marijuana possession charges and even refusing to file new ones,
[01:18.800 --> 01:23.200]  since they are stipulating that they do not have the time or the laboratory equipment to test the
[01:23.200 --> 01:28.320]  herb for THC. Margaret Moore, the Travis County District Attorney, announced earlier this month
[01:28.320 --> 01:33.440]  that she was dismissing 32 felony possession and delivery of marijuana cases because of the law.
[01:33.440 --> 01:37.680]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.680 --> 01:42.800]  to county district attorneys back on Thursday that marijuana has not been decriminalized in Texas,
[01:42.800 --> 01:48.800]  and that these actions demonstrate a misunderstanding of how HB 1325 works, as well as other
[01:48.800 --> 01:55.360]  cities, too, like the District Attorney in El Paso, Cayma Esparza, a Democrat who also stated
[01:55.360 --> 02:00.320]  earlier this month that the law, quote, will not have an effect on the prosecution of marijuana
[02:00.320 --> 02:06.080]  cases in El Paso. However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public
[02:06.080 --> 02:10.560]  defender in Harris County, who stated that, quote, the law is constantly changing on what
[02:10.560 --> 02:15.040]  makes something illegal based on its chemical makeup. It's important that if someone is charged
[02:15.040 --> 02:24.640]  with something, the test matches what they're charged with. A paper by Tulane University identified
[02:24.640 --> 02:29.920]  a five and a half inch American pocket shark. As the first of its kind in the Gulf of Mexico,
[02:29.920 --> 02:35.440]  the specimen being only the second pocket shark ever captured or recorded with the other one
[02:35.440 --> 02:40.720]  being found way back in 1979 in the East Pacific Ocean. According to the university paper, the
[02:40.720 --> 02:47.440]  shark secretes a luminous fluid from a gland near its front fins. For the purpose, it is hypothesized
[02:47.440 --> 02:55.760]  to lure and prey who may be drawn into the glow. This was Roof Roadie with your lowdown for July
[02:55.760 --> 03:11.680]  22, 2019.
[03:11.680 --> 03:26.720]  Well, I received my remedy today. It came in a box just like the safe. I accepted it for value
[03:26.720 --> 03:36.480]  right away. It's not through you. Not later. We are originators, and the pathway seems to get
[03:36.480 --> 03:44.720]  straighter every day. And I can take anything that belongs to me and put it to good use.
[03:45.840 --> 03:56.240]  Okay, we are back. That music is not going down like it's supposed to. We have a suppressor
[03:56.240 --> 04:02.080]  on the system. So if I start talking, you know, push the music down under me. And what's supposed
[04:02.080 --> 04:08.400]  to do with Brett's producing today and when he brings us in, he clicks a button and it's supposed
[04:08.400 --> 04:15.520]  to lower the bumper music. And then when I start talking, then it rides over the bumper music.
[04:16.080 --> 04:21.920]  But it's not lowering like it's supposed to. So I'm having to speak into the mic to get the
[04:21.920 --> 04:27.120]  suppressor to shut that bumper music off. So it sounds a little weird when we start with
[04:27.120 --> 04:32.800]  this little issue with that, and we'll get it fixed. Okay, we're talking to Lee in Wisconsin.
[04:33.600 --> 04:38.720]  Okay. They have a problem. There's no way
[04:41.120 --> 04:51.520]  West Virginia for an issue that came out of Texas. Even if the lender is a national association,
[04:51.520 --> 05:00.160]  the jurisdiction would be in the Fed. And if you looked on a website or something online and
[05:00.160 --> 05:06.240]  they said that they could file in the state that you're in, yeah, they can, but they can only
[05:06.240 --> 05:11.600]  file in the federal court in the court that's in the state that you're in.
[05:14.880 --> 05:20.400]  And that's what they'd have to do. They couldn't file in the federal court in Texas because then
[05:20.400 --> 05:28.560]  you would have to go to Texas to appear in court. And that goes to forum, forum, non-convenience.
[05:29.280 --> 05:35.040]  It means inconvenient forum. So they have to file where you're at, but they'd have to do that in
[05:35.040 --> 05:44.960]  the Fed, not in the state. Next question is, is it necessary? I'm going to go ahead and do a bar
[05:44.960 --> 05:50.880]  grievance against the lawyer that filed the case because of the one, it being them filing in
[05:50.880 --> 06:00.720]  Wisconsin and two, because of the statute limitation. The question is, do I file a request
[06:00.720 --> 06:10.480]  with the court to sanction the attorney? Absolutely. Yeah, it's a motion for sanctions.
[06:10.480 --> 06:16.160]  It cannot be construed that the lawyer did not know better.
[06:18.560 --> 06:24.080]  Maybe he didn't know better, but he can't say he didn't know better. He's learned counsel.
[06:24.640 --> 06:32.000]  He has to know everything. The one thing lawyers fear more than anything else is missing something.
[06:32.000 --> 06:38.800]  When they get that bar card, they become learned counsel. They can't make these kind of mistakes.
[06:40.880 --> 06:48.560]  You can, you're just an ignorant prosa. The judge can't sanction you for being ignorant,
[06:49.280 --> 06:57.600]  but he can sanction a lawyer for being ignorant. And that's, they fear that more than just about
[06:57.600 --> 07:05.520]  anything else. You asked for sanctions. Lawyers are terrified of sanctions. A judge can sanction
[07:05.520 --> 07:14.560]  a lawyer for anything he wants to, and the lawyer has no recourse. When you start asking for your
[07:14.560 --> 07:21.040]  sanctions, you're really going to tense up that lawyer, especially if you're already
[07:21.040 --> 07:25.760]  bar grieving. That's going to tense him even more, but absolutely ask for sanctions.
[07:25.760 --> 07:32.320]  A judge is not going to give you sanctions, and we don't care. And when the judge doesn't give you
[07:32.320 --> 07:38.560]  sanctions, then you're asked for five years of acting conclusions at law, and just grind on that.
[07:42.160 --> 07:47.360]  And what he said, you know what he means by that is, is asking the judge to show why
[07:47.360 --> 07:56.080]  he ruled the way he did. You're not giving me sanctions. I want to see why.
[07:57.440 --> 08:00.080]  And you know, your lawyer's on the other side, that's his weakness.
[08:01.840 --> 08:07.600]  You know, it's kind of like when you get your opponent, he's, he's, you knocked him backwards,
[08:07.600 --> 08:11.600]  and he's got his arms over the ropes. He's in the corner, and he's got arms over the rope on
[08:11.600 --> 08:16.000]  each side, and his legs are splayed out in front of him, and he's pretty well helpless. What do you
[08:16.000 --> 08:26.960]  do? Well, you kick him in the testicles, of course. Right. No quarter. That helps a lot.
[08:26.960 --> 08:32.080]  I'm going to change my answer. I'm starting to include the, the statute of limitations as in
[08:32.080 --> 08:40.320]  a permanent defense. I do mention it in one of the parts of the answer, but I did not include
[08:40.320 --> 08:46.000]  the request for dismissal based on that in there. Okay. In this, in this case,
[08:47.680 --> 08:52.640]  first thing that should be filed is a subject matter jurisdiction challenge.
[08:55.040 --> 09:01.440]  Wisconsin court cannot take jurisdiction over a Texas contract.
[09:01.440 --> 09:15.120]  Second is in-personum jurisdiction. In-personum is jurisdiction over the person.
[09:17.440 --> 09:23.120]  Claim that the court has no jurisdiction over you because you did nothing in Wisconsin
[09:23.120 --> 09:33.920]  that would give Wisconsin a claim against you as a person. Even if the court rules that they
[09:33.920 --> 09:47.280]  have jurisdiction over the case, since what you did, you did in Texas, then you were only subject
[09:47.280 --> 09:54.320]  to Texas law. So this court can't get jurisdiction over you. These are threshold issues. They can't
[09:54.320 --> 10:02.080]  get to anything until they prove up jurisdiction. And it is the judge that must prove up jurisdiction.
[10:03.440 --> 10:10.480]  It is the judge that's going to order you to come to court. If he doesn't have authority to order
[10:10.480 --> 10:19.280]  you to come to court, he's acting outside of scope. And when he is outside of scope,
[10:20.240 --> 10:25.920]  he has no immunity. And the judge is going to know that.
[10:27.040 --> 10:31.440]  So lack of subject matter jurisdiction challenge and an in-person jurisdiction
[10:31.440 --> 10:36.320]  challenge, or is this one called open up? In-personum is called a special appearance.
[10:36.320 --> 10:46.320]  You are coming to the court at arm's length to the court. And most of the patriots who do this
[10:47.040 --> 10:51.680]  don't pass the bar. They walk up to the bar, you know, the little
[10:53.200 --> 11:00.000]  half barrier between the gallery and the court itself, and tell the court,
[11:00.000 --> 11:07.360]  I am here at arm's length to the court. I have a challenge to subject matter jurisdiction before
[11:07.360 --> 11:13.200]  the court. A subject matter jurisdiction challenge stands in front of everything.
[11:15.120 --> 11:22.000]  The judge is the one that's ordering you to do things. He's the one that must prove that he has
[11:22.000 --> 11:31.440]  authority to give that order. If he doesn't, he's on his own. So, you know, that gets the judge's
[11:31.440 --> 11:41.360]  attention. Because now you can see them personally. So that's first. Don't let the judge go to
[11:42.000 --> 11:49.840]  anything until he has proven subject matter jurisdiction and in-personum. They will generally
[11:49.840 --> 11:57.760]  ask the other side to provide that proof. But it is not the responsibility of the other side
[11:57.760 --> 12:07.120]  to provide that proof. It is the responsibility of the judge. You have a tremendous amount of
[12:07.120 --> 12:19.120]  background noise. I apologize. Okay. Anything else? Is that clear? Yes, sir. I've got the lack of
[12:19.120 --> 12:22.960]  subject matter jurisdiction challenge, and I'm going to do the affirmative defense statute
[12:22.960 --> 12:27.440]  limitations. But you said the lack of subject matter jurisdiction challenge comes first.
[12:28.560 --> 12:35.680]  Yeah. Okay. You can file them all at the same time, but the judge can hear nothing
[12:35.680 --> 12:41.520]  until he's established jurisdiction. Yeah, and you don't want to file anything else before the
[12:41.520 --> 12:47.120]  jurisdictional challenge because then they could come back and say, well, you you waived your
[12:47.120 --> 12:51.920]  opportunity to challenge that. You're already dealing with something beyond that. Yeah, they'll
[12:51.920 --> 13:02.160]  try to do that. But in-personum jurisdiction can be waived. Subject matter jurisdiction cannot
[13:02.160 --> 13:08.800]  be waived. You may challenge subject matter jurisdiction at any time no matter how remote
[13:08.800 --> 13:17.120]  in history. If they didn't have subject matter jurisdiction to begin with, it never ever accrues.
[13:18.320 --> 13:23.920]  There are a lot of lot of patriot mythologists that say that if you appear before the court,
[13:23.920 --> 13:30.160]  you waive subject matter jurisdiction. Subject matter jurisdiction is not something you have
[13:30.160 --> 13:39.920]  the power to waive. It's like I say to you, I tell you what, this judge is a jerk. You can't
[13:39.920 --> 13:46.960]  trust him. I'm going to be the judge in your case. You cannot grant me subject matter jurisdiction.
[13:47.600 --> 13:52.480]  But nothing you can do to give me subject matter jurisdiction. If I don't have it,
[13:52.480 --> 14:01.200]  I never can accrue it. If the judge doesn't have it on the first day, it never ever accrues.
[14:04.000 --> 14:08.960]  That makes sense. Subject matter jurisdiction challenge, I would just state that
[14:10.480 --> 14:14.240]  all occurrences related to this case occurred in Texas and just leave it at that.
[14:14.240 --> 14:28.320]  Absolutely. It can either be in Texas jurisdiction or federal jurisdiction. It cannot wind up in
[14:28.320 --> 14:38.880]  Wisconsin jurisdiction. Judges likely to look at that and say, I'm out of here. Last thing I want
[14:38.880 --> 14:48.240]  to risk is being sued personally. Then that may annoy him. He may actually sanction the lawyer
[14:48.240 --> 14:57.520]  on the other side for fighting the frivolous pleading. Okay. Well, I appreciate that. That
[14:57.520 --> 15:03.680]  helps a lot. You've helped a lot, guys. That's the direction to go and helps with what I've already
[15:03.680 --> 15:09.600]  got to step, but I've already got going and I'm going to definitely do this. Okay. Good luck.
[15:09.600 --> 15:16.960]  Keep us up to speed on how this is going. Yes, sir. Thank you very much. Okay. Now we're going to go
[15:18.320 --> 15:23.040]  to Patty in Texas. Hello, Patty.
[15:23.040 --> 15:37.040]  Hello, Patty. Are you there? Yes. There we go. All right. Brett, you want to pick this up?
[15:37.040 --> 15:44.320]  I'm late. Yeah. Sorry I'm late. No problem. You're right on time.
[15:44.320 --> 16:02.160]  What is on your mind, Ms. Patty? Well, I just need to understand what this 14-page letter means.
[16:04.560 --> 16:13.040]  Okay. Well, I think, Randy, did you translate that for those 14 pages? You translated that as
[16:13.040 --> 16:25.280]  blah, blah, blah. Okay. One thing that I thought was interesting in there, now you haven't received,
[16:25.280 --> 16:32.160]  I take it, have not yet gotten anything from the court itself saying, here's the ruling,
[16:33.040 --> 16:41.040]  and yet the attorney has referenced the ruling, which was in your favor, and he's trying to change
[16:41.040 --> 16:48.880]  the judge's mind. He's desperately hoping he can change the judge's mind. Just hold on, Patty,
[16:48.880 --> 16:53.440]  because we're going to go to the sponsors and we'll come right back in just a minute and talk
[16:53.440 --> 17:02.400]  some more about that. Okay. We will be right back. Are you being harassed by debt collectors with
[17:02.400 --> 17:08.880]  phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael Mirris proven method.
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[17:35.600 --> 17:40.880]  the solution for how to stop debt collectors. Personal consultation is available as well.
[17:40.880 --> 17:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mirris banner
[17:46.560 --> 17:55.920]  or email Michael Mirris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[17:55.920 --> 17:59.520]  at yahoo.com to learn how to stop debt collectors next.
[17:59.520 --> 18:05.600]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar. In today's America,
[18:05.600 --> 18:09.440]  we live in an us against them society, and if we the people are ever going to have a free society,
[18:09.440 --> 18:13.440]  then we're going to have to stand and defend our own rights. Among those rights are the right
[18:13.440 --> 18:17.120]  to travel freely from place to place, the right to act in our own private capacity, and most
[18:17.120 --> 18:21.360]  importantly, the right to due process of law. Traffic courts afford us the least expensive
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[19:25.520 --> 19:54.160]  Okay, we are back. This is the rule of law radio.
[19:54.160 --> 20:00.080]  Randy Kelton, I'm Brett Felton, and we are talking with Patty in Texas. Patty, I'm glad
[20:00.080 --> 20:09.360]  you called tonight. So, what happened is the judge ruled in your favor, and like Randy was
[20:09.360 --> 20:15.840]  saying, this doesn't happen often with foreclosures. This is a very rare thing here. You got a ruling
[20:15.840 --> 20:28.880]  in your favor. The judge turns the predatory banks away. Well, for this case, they could come back
[20:28.880 --> 20:33.760]  and start trying to file again and say, you know, start a new case, but they're going to have to
[20:33.760 --> 20:40.080]  pay again, and they're going to have to start with fresh paperwork, and what this attorney's
[20:40.080 --> 20:47.280]  trying to do right now with this 14-page document posted judgment, he's trying to get the judge
[20:47.280 --> 20:54.400]  to change his mind. The judge has already ruled, and there's a period of time, 90 days I think it is,
[20:55.440 --> 21:01.360]  when he asks the judge, would you please change your mind, then there's a 90-day period
[21:01.360 --> 21:10.160]  when the judge could decide, you know what? I think I'm going to let them foreclose on that
[21:10.160 --> 21:18.000]  house, but that's really unlikely. I think it's a 30-day preliminary jurisdiction.
[21:19.840 --> 21:28.080]  30 until he asks Rule 329B, he says, if you ask for, you do a motion to vacate,
[21:28.080 --> 21:35.280]  then that triggers an extension, and it goes to 90. That's what I recall. Might be wrong.
[21:36.320 --> 21:38.400]  You could be right. I was wrong once.
[21:40.160 --> 21:41.840]  Does that make a mistake?
[21:41.840 --> 21:45.920]  Yeah, yeah. You knew about that, but I was mistaken.
[21:45.920 --> 22:00.480]  Okay. There's the one thing we want to help you understand, Patty, is just because a lawyer says
[22:00.480 --> 22:10.560]  it doesn't mean it's true. When a lawyer has no argument, then he does blah, blah, blah.
[22:10.560 --> 22:18.480]  He brings up everything he can think of. When you're reading a document by a lawyer,
[22:20.560 --> 22:28.080]  you should do what the judge does. Everything the judge reads, he's thinking, so what?
[22:30.000 --> 22:39.040]  The lawyer says this, he says, so what? How does that affect the ruling that I made?
[22:39.040 --> 22:47.280]  So this lawyer's got 14 pages of stuff. He doesn't have a way to argue against the ruling.
[22:47.280 --> 22:58.000]  There's only one thing that the lawyer can bring up. Did the judge render this ruling correctly?
[22:58.000 --> 23:08.800]  The judge said that you serve the wrong party. That the party you served was a dead guy,
[23:08.800 --> 23:15.600]  or dead female. You can't serve a dead person. You have to serve a live person.
[23:16.480 --> 23:24.640]  So when you read the lawyer's response, anything that doesn't go to serving a live person or a
[23:24.640 --> 23:32.240]  dead person is blah, blah, blah. So what? What's that have to do with serving a live person or
[23:32.240 --> 23:41.360]  a dead person? Lawyers will try to lead you down a rabbit hole. They will try to make arguments
[23:41.360 --> 23:49.600]  that you will be offended by or feel threatened by and hope that you pick up that argument.
[23:49.600 --> 24:01.280]  The hardest thing to do is discipline yourself and ask yourself what is the issue before the court
[24:02.560 --> 24:08.640]  and does this argument go to that issue? Does that make sense, Patty?
[24:08.640 --> 24:27.120]  I think so. When you read this, you say, what does that have to do with whether or not you
[24:27.120 --> 24:34.320]  served the right party? All they didn't pay their bill. They did this. They did that. They did that.
[24:34.320 --> 24:39.360]  Okay, what does that have to do with serving the right party? You keep that in your mind,
[24:39.360 --> 24:45.520]  everything else you can ignore. I can't tell you how many times I've helped somebody with a case
[24:46.480 --> 24:51.920]  where they got a response from the lawyer on the other side and we ignored all of it.
[24:53.920 --> 24:59.760]  And told the court that this is a very interesting pleading, but it has nothing to do
[24:59.760 --> 25:06.480]  with the case at bar. And just go to the one issue. It simplifies your life.
[25:08.240 --> 25:14.720]  You might not believe this, Patty, but lawyers will BS you.
[25:14.720 --> 25:28.160]  They really will. Honest. I know that. In that 14-page document BS,
[25:31.040 --> 25:36.400]  Brett, I didn't read the whole thing. Is there anywhere in that document
[25:37.680 --> 25:41.920]  where the lawyer addressed serving the right party?
[25:41.920 --> 25:54.080]  I don't know. What I saw in there, I haven't spent too much time on it myself. I skimmed
[25:54.080 --> 26:01.600]  around through there. But what I did notice he tried to do was rephrase it to an issue of
[26:01.600 --> 26:11.280]  who got notice of the suit. Because he can argue about that, oh, we weren't required to give Ms.
[26:11.280 --> 26:19.600]  Ross some notice, but we did. She got notice. She's a homeowner, so she got notice. Well,
[26:21.680 --> 26:29.520]  that wasn't the question about who got a notice of the action. It was a matter of
[26:29.520 --> 26:43.920]  who is the action against. You can't go after a deceased party, and you've served the wrong person.
[26:45.440 --> 26:49.440]  So you gave notice of the suit, but who are you after?
[26:49.440 --> 27:01.120]  Was Ms. Patty named as a defendant or respondent? No. Now, they could have sent me a copy of that
[27:01.120 --> 27:08.320]  and give me notice of it. Exactly. So if you weren't named as a respondent,
[27:09.120 --> 27:12.240]  then there are claims against the wrong party.
[27:12.240 --> 27:20.560]  And that's not something that they can fix. But see, they know,
[27:21.680 --> 27:31.200]  they know that my mom didn't have a will, so you can't probate something that doesn't exist.
[27:32.480 --> 27:37.840]  That's why I didn't probate a will. I didn't go to court and do that. They kept telling me
[27:37.840 --> 27:42.320]  I needed to do that, and I knew there was nothing to probate.
[27:45.280 --> 27:48.480]  You're the only heir naturally goes to you.
[27:50.320 --> 27:59.680]  Well, me and my brother, and my brother passed away the next year. So I'm the sole heir.
[27:59.680 --> 28:07.200]  Did your brother have a will, and did he will any portion of the property to someone else?
[28:08.960 --> 28:20.880]  No. We, what I did was do an affidavit of airship, and his sons would get his portion,
[28:20.880 --> 28:29.920]  and they turned it over to me, their portion. How did they turn it over to you?
[28:32.160 --> 28:38.480]  There was an affidavit of airship. Okay. You did the affidavit. Did the son
[28:40.160 --> 28:45.840]  sign something like a quick claim that gave his claim to you?
[28:45.840 --> 28:52.000]  Yeah. Okay. Then you're the only holder,
[28:53.200 --> 28:58.960]  and they didn't name you as a party. It doesn't matter if the lawyer gave you notice of what was
[28:58.960 --> 29:09.440]  going on. If you weren't named as a party, then they filed against the wrong person.
[29:09.440 --> 29:16.080]  And they can go try to exhume your mom and bring her into court, and we'll see how that works for
[29:16.080 --> 29:23.120]  them. Yeah, they can't get past this. And, you know, the courts are not going to let them get
[29:23.120 --> 29:28.800]  past it, because they're going to say, look, this is not a ruling against you in the case.
[29:30.400 --> 29:36.800]  This is just a procedural problem you have to fix. It's no big deal. All you have to do is
[29:36.800 --> 29:42.400]  refile the suit and name the proper party. And they're going to say, well, we're going to have to
[29:42.400 --> 29:48.000]  start all over again. Well, you should have done it right in the first place. It's not like it's a
[29:48.000 --> 29:54.480]  major deal, but now it gives you time to hammer there when they start to do this again. Hang on,
[29:54.480 --> 30:02.160]  Randy Kelton, Brett Fountain, Will of Law Radio, we'll be right back. Everyone knows that walking
[30:02.160 --> 30:07.040]  is great exercise, but you might not know that the way you walk could predict how long you're going
[30:07.040 --> 30:12.960]  to live. I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
[30:12.960 --> 30:18.640]  in just a moment. Privacy is under attack. When you give up data about yourself, you'll never get
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[30:43.360 --> 30:47.840]  New research shows how fast you walk could predict how long you're going to live. The
[30:47.840 --> 30:53.120]  Journal of the American Medical Association reports that older adults who walk one meter per second
[30:53.120 --> 30:58.320]  or faster live longer than expected. In case you're wondering, one meter per second is about
[30:58.320 --> 31:03.200]  two and a quarter miles per hour. A senior's age, gender, and walking speed were as good at
[31:03.200 --> 31:08.160]  predicting life expectancy as more traditional statistical measures. Generally speaking,
[31:08.160 --> 31:13.520]  faster walkers live longer. Measuring walking speed is quick and inexpensive. It only takes a
[31:13.520 --> 31:18.800]  stopwatch, some space to walk, and a few minutes. Researchers say it could help doctors identify
[31:18.800 --> 31:24.000]  older patients who need special care. I'm Dr. Catherine Albrecht. More news and information
[31:24.000 --> 31:29.280]  at CatherineAlbrecht.com.
[31:54.000 --> 32:00.080]  My son, go to buildingwhat.org. Why it's felt, why it matters, and what you can do.
[32:24.160 --> 32:29.920]  to all those with a hearing ear. Join Nana and guests for both verse by verse Bible studies
[32:29.920 --> 32:35.920]  and topical Bible studies designed to provoke unto love and good works. Our verse by verse
[32:35.920 --> 32:41.120]  Bible studies will begin in the book of Matthew where we will discuss one chapter per week.
[32:41.120 --> 32:46.800]  Our topical Bible studies will vary each week and will explore sound doctrine as well as Christian
[32:46.800 --> 32:53.200]  character development. So mark your calendar and join us live on bogosradiornetworks.com
[32:53.200 --> 32:59.360]  Wednesdays from 8 to 10 p.m. starting January 8th for an inspiring and motivating discussion of the
[32:59.360 --> 33:24.480]  scriptures. Live free speech radio, bogosradiornetworks.com.
[33:29.360 --> 33:54.880]  Okay, we are back. This is the rule of law radio. Randy Kelton. I'm Brett Fountain,
[33:54.880 --> 34:00.480]  and we are talking here with Patty in Texas. Okay, hold on, Brett. I said I would shut up,
[34:00.480 --> 34:08.160]  but I can't help myself. Pull the wool over my eyes. That is such an appropriate song. That is
[34:08.160 --> 34:25.280]  exactly what they're trying to do to you, Patty. I'm so glad I've got you on my team.
[34:25.280 --> 34:35.440]  They're having to start all over. Now, Brett, you might consider putting together a lawsuit
[34:35.440 --> 34:47.120]  against them. The best fight to have is the one you picked. You might consider suing them for
[34:47.120 --> 34:52.000]  wrongful foreclosure. Maybe malicious prosecution too.
[34:52.000 --> 35:04.320]  Su them, turn it all around on them. Your dog's excited about that.
[35:06.320 --> 35:14.560]  I thought that was my wife barking at me. I only said that because she's asleep and can't hear me.
[35:14.560 --> 35:23.120]  I'm sorry. I'm trying not to get the dogs to bark, and they barked anyway.
[35:23.840 --> 35:33.680]  Oh, that's okay. My grandson came over and taught my wife's two shitsus to hell,
[35:34.800 --> 35:39.760]  and they set up hell, and I tell them, shut up, you scroungy much, and they just ignore me.
[35:39.760 --> 35:48.160]  I don't know how that works. I think you're in a good position.
[35:49.360 --> 36:00.320]  At the end of the day, this is all about money. What I need, this is not a regular mortgage.
[36:00.320 --> 36:12.080]  This is a losing terms. Home equity is special.
[36:13.600 --> 36:21.680]  Taxes never allowed secondary loans against your property. The only loan they allowed was a mortgage.
[36:21.680 --> 36:32.240]  Then about 15 years ago, they entered legislation. Our legislature did not want Texans to lose their
[36:32.240 --> 36:37.360]  property, so they would not let you take a loan against the equity in your property.
[36:38.720 --> 36:45.440]  About 15 years ago, they allowed that to happen, but they put a caveat in there to the lender,
[36:45.440 --> 36:54.960]  a warning to the lender. You screw up anything, and you lose everything. This will not become a
[36:54.960 --> 37:06.800]  scam that you can use to take people's property. What we need to do is sue the lender for making
[37:06.800 --> 37:17.200]  false charges, and then ask for discovery from the lender showing all payments made,
[37:17.200 --> 37:30.320]  all bills sent to the borrower, and then get me all of that accounting. What happens when they
[37:30.320 --> 37:39.200]  start securitizing these notes is they will get a servicer to service the note. They'll send you
[37:39.200 --> 37:44.160]  the bills, collect the money, and apply it to the loan, and do all that accounting stuff.
[37:46.400 --> 37:54.240]  If it gets in the rears, and then they reappoint another servicer who specializes
[37:54.240 --> 38:05.840]  in non-performing loans, but for some reason I don't understand, the first servicer never
[38:05.840 --> 38:14.160]  transfers the payment records to the second servicer. All the second servicer knows is what
[38:14.160 --> 38:21.840]  the first one told him, this is what this person owes. There's nothing in there to justify what
[38:21.840 --> 38:31.120]  they owe. When you ask the second servicer for a complete accounting of all payments, they don't
[38:31.120 --> 38:46.080]  have it. I'm hearing some kind of a background there. Something's not right there, and we can't
[38:46.080 --> 39:02.400]  understand you. Wait a minute, something's wrong. I'm thinking. Are you using the microphone on
[39:02.400 --> 39:18.400]  a computer? What kind of microphone are you using? Oh, my cell phone.
[39:18.400 --> 39:29.120]  Hmm. Okay, try to move the mouthpiece a little away from your mouth. You might be over driving the
[39:29.120 --> 39:39.440]  bike. Okay. That's better. Okay, say what you were saying again. No, I think she wasn't talking.
[39:39.440 --> 39:45.680]  We were hearing something off of the news or something. Do you have a radio or a TV in the
[39:45.680 --> 39:55.280]  background? Yeah, let me turn it down. Oh, good. All right. Yeah, Randy, she was saying,
[39:56.080 --> 40:01.680]  Patty was saying that I was asking her for this as well. These should get these numbers together
[40:01.680 --> 40:09.120]  so we can analyze that. And she said that these have been shredded. And so she's going to have
[40:09.120 --> 40:14.640]  to go back to a title company and see if there's, but she doesn't even know what title company to
[40:14.640 --> 40:20.720]  go to. So she might need a little tip on if you have some insight about how can she find out what
[40:20.720 --> 40:34.880]  title company to even ask for some old records. Ask, do, sue the lender and ask the lender to
[40:34.880 --> 40:44.240]  provide all of this information. They should have it. Let me think. Oh, a quantified written request.
[40:44.960 --> 40:51.440]  File a quantified written request. Brett, I'll send you one. I've got a really nasty ugly one.
[40:54.880 --> 41:01.440]  That asks for all of this information. So you file the quantified written request,
[41:01.440 --> 41:08.400]  and then when they don't respond to it within 30 days, then you sue them. And this gets them sued
[41:08.400 --> 41:20.240]  before they can restart this foreclosure process. Now, you become the plaintiff and they become the
[41:20.240 --> 41:29.280]  defendant. It's always better to be the plaintiff. Since you ask for it under a quantified written
[41:29.280 --> 41:35.600]  request, they're required to produce it. But what they're going to say is they don't have to produce
[41:35.600 --> 41:41.440]  this, they don't have to produce this, and let them. And then we go to court and let them prove it up
[41:41.440 --> 41:51.840]  in court. So you put the onus on them to prove up their position, rather than them trying to
[41:51.840 --> 41:59.760]  foreclose on you. If you sue them, ask them for complete accounting so that you will know
[41:59.760 --> 42:10.800]  precisely what the payoff amount is. All of the fees they've added because of this last action
[42:10.800 --> 42:19.120]  they took, all that goes in the toilet. Because they didn't file against a right party. So they
[42:19.120 --> 42:25.760]  can't charge you any of those fees. Now you want to know what the payoff is. And if they don't tell
[42:25.760 --> 42:32.720]  you what the payoff is, then you sue them for the payoff amount. And ask the court for a restraining
[42:32.720 --> 42:39.680]  order against them to prevent them from trying to foreclose on you while you're trying to get the
[42:39.680 --> 42:47.680]  proper amount to pay off the note with. Because you're prepared to cure the default if you can
[42:47.680 --> 42:54.720]  if you can find out what the actual default is. You can do that with a short sale. You can do that
[42:54.720 --> 43:00.960]  with a straight up sale. You can do that a lot of ways. You can do that with another mortgage.
[43:02.800 --> 43:05.600]  But you can't do it unless you know what you actually owe them.
[43:08.160 --> 43:16.960]  So we'll do it. Go ahead. I have another question then. You were saying all these
[43:16.960 --> 43:25.760]  fees. Now I have attorney's fees since after my mother died because they kept on trying to
[43:25.760 --> 43:34.960]  foreclose. That all goes in the trash. They're foreclosing on the wrong entity. That all goes
[43:34.960 --> 43:45.200]  in the trash. I think this judge gave you a great present. Hang on. We'll pick this up on the other
[43:45.200 --> 43:51.120]  side. They charge these attorney fees for trying to foreclose on your mom who's dead.
[43:51.760 --> 43:56.960]  Good luck with that. Randy Kelton, Brett Fountain, rule of law radio. We'll be right back.
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[46:25.360 --> 46:54.560]  Okay, we are back.
[46:54.560 --> 47:00.320]  Randy Kelton, Brett Fountain, Lulavlal Radio, and right now we're discussing this on the break.
[47:00.880 --> 47:06.800]  We're talking to Patty in Texas. They have added, you know, this is what they do in foreclosure.
[47:06.800 --> 47:15.520]  They add astronomical attorney fees so that they increase the claim against the property to a point
[47:15.520 --> 47:22.800]  where it's impossible to pay it off. Well, the judge just stuck it in them and broke it off in them
[47:22.800 --> 47:31.600]  because he ruled that they were foreclosing against the wrong party. So all of their attorney
[47:31.600 --> 47:44.880]  fees go in the trash. They cannot bill this Patty for their error. So now we go back to what is
[47:44.880 --> 47:54.960]  actually owed and they have to show what is what payments are behind and the only thing they can
[47:54.960 --> 48:02.960]  start out with is late payments. So this goes from what were they were claiming, 170,000.
[48:04.560 --> 48:11.120]  The vast majority of that's going to go away. So now they have to start this all over again.
[48:11.120 --> 48:18.800]  So if Ms. Patty sues them first, that stops all their claims
[48:21.440 --> 48:25.520]  and sues them for not responding to a qualified written request.
[48:29.120 --> 48:34.640]  Because the qualified written request asks them to prove up precisely what is owed so that you
[48:34.640 --> 48:41.360]  have the opportunity to cure the default. But they don't have the records that can't do that.
[48:43.440 --> 48:48.800]  And since you're the plaintiff and they're the defendant, they can't charge you their attorney
[48:48.800 --> 48:59.920]  fees. Does that make sense, Patty? So now you get in the driver's seat and we talk about on this
[48:59.920 --> 49:06.960]  show all the time, the best fight to have is the one you picked. When you're the plaintiff,
[49:06.960 --> 49:14.800]  you always have the upper hand. Now you can go after them. This judge really gave you a present.
[49:17.360 --> 49:25.200]  And I have no doubt he did that because so many people were tuning in to the hearing.
[49:25.200 --> 49:32.000]  So I'll talk to Brett about that and we'll work up a strategy for
[49:33.120 --> 49:45.120]  taking the fight back to him. Okay. Okay. Have encouragement. The worm has turned. Now you get
[49:45.120 --> 49:52.240]  to go after them. If they have screwed up anything on the payments, you can ask the court to wipe out
[49:52.240 --> 50:04.240]  the loan completely because it is a whole equity loan. Special rules. Okay. Anything else, Ms. Patty?
[50:06.240 --> 50:16.400]  No, that. That was good. Thank you so much. Okay. Just be encouraged. Now this worm has turned
[50:16.400 --> 50:25.600]  and the shoes on your foot and you get to boot them with it. Okay. Thank you, Ms. Patty. Now we're
[50:25.600 --> 50:37.840]  going to go to, this looks like Christy Christine. It's spelled Christ, but this is an 817 number.
[50:37.840 --> 50:48.000]  So that's Fort Worth. If you are in Fort Worth or in 817 and suspect you're not Jesus Christ,
[50:48.800 --> 50:54.960]  talk to us because we know Jesus Christ is from East Texas. Yeah, this is Christy that we had last
[50:54.960 --> 51:04.000]  night. Okay. I knew that. I was just being Christy. Hello, Christy. Are you there?
[51:04.000 --> 51:17.120]  Can you hear me? Yes. I'm looking at my screen and it shows CHRST. So I was playing with the fact
[51:17.120 --> 51:30.560]  that Jesus is from East Texas. Yeah, Palestine is just southwest of... What is it there by the
[51:30.560 --> 51:37.040]  border? Oh, I lost it there. Anyway, Palestine is in East Texas. Most people don't know that Jesus
[51:37.040 --> 51:45.520]  was from East Texas. And Texans wouldn't brag about things like that. We're not that kind of people.
[51:47.040 --> 51:49.120]  Okay. What do you have for us today?
[51:49.120 --> 51:57.200]  Okay. It's Christa with a K just for the record.
[51:59.360 --> 52:05.600]  Wait a minute. Smell that. Okay. All right. That's fine. I'll update that on there.
[52:07.040 --> 52:15.360]  Christy. So you're not Jesus? Nope. Nope. Okay. Okay. So we get that straight.
[52:15.360 --> 52:24.000]  Okay. It's about the Terrant Appraisal District.
[52:28.960 --> 52:34.480]  Okay. Bring us back up to speed so that for people who weren't here last night.
[52:34.480 --> 52:46.960]  Okay. They sent out our property value notice and the increase in the appraisal value was
[52:46.960 --> 52:57.040]  more than the 10% allowed by their code. And we just did the regular and filed for
[52:57.040 --> 53:08.800]  a hearing or whatever, a protest. We filed a protest and we had a hearing
[53:10.320 --> 53:15.440]  and I postponed and attempted to postpone a second time because it was...
[53:15.440 --> 53:27.360]  I couldn't make it. And they denied my second postponement. They wouldn't reschedule.
[53:28.640 --> 53:36.560]  And they just said, nope. We don't have to. You're out of luck. And then they told me I
[53:36.560 --> 53:49.200]  could file a different thing for 2525D for improper appraisal. And then they denied it
[53:49.200 --> 53:55.440]  because I wrote the wrong number on the form. So they just, you know, well, we didn't even have
[53:55.440 --> 54:03.520]  to answer that. And then they... When I talked to them on the phone, they just kind of said,
[54:03.520 --> 54:09.920]  well, it's not our problem if we did it for more than 10%. You needed to correct it into the regular
[54:09.920 --> 54:18.080]  hearing, et cetera. File criminally against the tax assessor collector. It is his problem.
[54:22.160 --> 54:29.680]  If he filed an appraisal that exceeded his authority, he committed an act of official
[54:29.680 --> 54:42.320]  oppression. He acted outside of scope. They've got all their rules and procedures. Well, it's all
[54:42.320 --> 54:49.920]  nice for them. But, you know, they can apply them to each other. If the tax assessor collector
[54:49.920 --> 54:59.760]  exceeds his authority, that's a whole different issue. Now, he steps outside his rules and
[54:59.760 --> 55:08.800]  regulations. And now he goes to the penal laws. A public official who exerts or purports to exert
[55:08.800 --> 55:14.080]  an authority he does not expressly have or fails to perform a duty he's required to perform. And
[55:14.080 --> 55:20.960]  in the process, denies a citizen in full and free access to her enjoyment right, commits the act of
[55:20.960 --> 55:26.960]  official oppression in the state of Texas, and a criminal acts by a public official or outside of
[55:26.960 --> 55:37.360]  scope. If a public official acts outside the scope of his authority, he has zero immunity.
[55:37.360 --> 55:45.200]  So, I suggest you prepare a criminal complaint against the tax assessor collector,
[55:46.320 --> 55:53.280]  accuse the tax assessor of exceeding his authority and denying you and full and free access to her
[55:53.280 --> 55:59.760]  enjoyment right, and ask the grand jury to indict him. And we can take exactly how to get there.
[55:59.760 --> 56:07.120]  And then you sue the tax assessor collector personally.
[56:11.200 --> 56:15.680]  At the end of the day, it's not about the law. It's all about politics,
[56:15.680 --> 56:23.760]  and politics always follows the money. They will claim that if you sue the tax assessor
[56:23.760 --> 56:31.520]  collector, you actually sue the department he works for, the state or the county.
[56:33.200 --> 56:43.360]  But if you sue the tax assessor collector for acting outside of scope, that sticks it in court.
[56:45.200 --> 56:50.480]  What they want to do is dismiss your case, claiming that if you sue a public official,
[56:50.480 --> 56:56.240]  then personally, then it's actually a suit against the department.
[56:58.960 --> 57:06.240]  Not if you sue the individual personally for acting outside of scope.
[57:06.240 --> 57:21.360]  As to what keeps your suit in the court, what matters is not what you can prove up,
[57:22.160 --> 57:31.840]  but the claim that you make. If you claim that he acted outside of scope, that sticks you in court.
[57:31.840 --> 57:42.400]  And then he has to prove that he acted within scope. But if scope forbids him to assess a tax
[57:42.400 --> 57:52.000]  increase in excess of 10%, and he assessed an increase in excess of 10%, he's outside scope
[57:52.000 --> 58:00.000]  and he's on his own. Hang on, pick this up on the other side, Randy Kelton, Brett Fountain,
[58:00.000 --> 58:06.400]  Brett Fountain, we have our radio, our calling number, 512-646-1984.
[58:07.280 --> 58:15.040]  We have one empty space on the call board. So if you have a question or comment, give us a
[58:15.040 --> 58:24.960]  call. We've got two more hours. We will get to everyone. One more hour. Oh, no, it's 10 o'clock.
[58:24.960 --> 58:36.480]  Oh, that's right. We're at the end of the 10. I'm seeing 10 o'clock. I'm thinking it's still
[58:36.480 --> 58:41.760]  10 o'clock. Okay, it's 11 o'clock. Okay, so we've got one more hour. We've got three
[58:42.720 --> 58:48.560]  callers. We'll get through all the three of them, except John. You know John, he lasts forever.
[58:48.560 --> 58:53.920]  Hang on, we'll be right. Would you like to make more definite progress in your walk with God?
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[59:52.960 --> 01:00:05.760]  Logos Radio Network at www.logosradionetwork.com. The following news flash is brought to you by The
[01:00:05.760 --> 01:00:11.600]  Lowest Star Lowdown. Markets for Monday the 22nd of July 2019 open with precious metals, gold at $1,429
[01:00:11.600 --> 01:00:20.640]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
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[01:00:41.280 --> 01:00:52.560]  Today in history the year 1916 the preparedness day bombing a time suitcase bomb was detonated on
[01:00:52.560 --> 01:00:58.160]  Market Street in San Francisco during the World War I preparedness day parade killing 10 and
[01:00:58.160 --> 01:01:07.360]  entering 40. Today in history and recent news since Governor Greg Abbott signed House Bill
[01:01:07.360 --> 01:01:13.040]  1325 legalizing Hemp and Attacks's law back in June county prosecutors around the state including
[01:01:13.040 --> 01:01:17.600]  Houston, Austin and San Antonio have been dropping marijuana possession charges and even refusing
[01:01:17.600 --> 01:01:22.560]  to file new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.560 --> 01:01:27.680]  to test the earth for THC. Margaret Moore the Travis County District Attorney announced earlier
[01:01:27.680 --> 01:01:32.320]  this month that she was dismissing 32 felony possession and delivery of marijuana cases
[01:01:32.320 --> 01:01:36.960]  because of the law. Mr Abbott and other state officials including the Attorney General stipulated
[01:01:36.960 --> 01:01:41.920]  in a letter to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.920 --> 01:01:48.160]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works as well
[01:01:48.160 --> 01:01:54.800]  as other cities too like the district attorney in El Paso, Cayma Esparza a Democrat who also
[01:01:54.800 --> 01:01:59.600]  stated earlier this month that the law quote will not have an effect on the prosecution of
[01:01:59.600 --> 01:02:04.960]  marijuana cases in El Paso. However the issue was succinctly summarized by Mr Brandon Ball
[01:02:04.960 --> 01:02:09.680]  an assistant public defender in Harris County who stated that quote the law is constantly
[01:02:09.680 --> 01:02:14.080]  changing on what makes something illegal based on its chemical makeup it's important that if
[01:02:14.080 --> 01:02:23.440]  someone is charged with something the test matches what they're charged with. A paper by Tulane
[01:02:23.440 --> 01:02:28.480]  University identified a five and a half inch American pocket shark as the first of its kind
[01:02:28.480 --> 01:02:34.560]  in the Gulf of Mexico the specimen being only the second pocket shark ever captured or recorded
[01:02:34.560 --> 01:02:40.000]  with the other one being found way back in 1979 in the East Pacific Ocean according to the university
[01:02:40.000 --> 01:02:46.400]  paper the sharks it creates a luminous fluid from a gland near its front fins for the purposes
[01:02:46.400 --> 01:02:54.560]  hypothesized to lure and prey who may be drawn into the glow. This is Rick Rodeo with your
[01:02:54.560 --> 01:03:08.560]  lowdown for July 22nd 2019
[01:03:54.560 --> 01:04:09.600]  okay we are back Randy Kelkin Brett fountain rule of law radio and we're talking to Krista
[01:04:10.320 --> 01:04:15.920]  in Texas with a K. Hello Krista.
[01:04:15.920 --> 01:04:23.120]  Krista are you there? Did we lose you? I thought it was Krista.
[01:04:24.160 --> 01:04:34.640]  She said take a unmuting help okay second question I mean same thing but
[01:04:37.600 --> 01:04:45.520]  I heard that there is a code or law against them that they have completed an improper assessment
[01:04:45.520 --> 01:04:54.560]  because he didn't base it on my property at all he didn't visit okay okay that's an issue I didn't
[01:04:54.560 --> 01:05:03.040]  go to because we were talking about something else right the yeah the initial issue was they
[01:05:04.000 --> 01:05:11.840]  set an set an assessment greater than they were allowed to when you were originally telling me
[01:05:11.840 --> 01:05:17.680]  about it I'm thinking how did they get to a 10 percent increase in a year
[01:05:21.840 --> 01:05:29.040]  they have to go on local values I don't know of any property in Texas that's increased 10% one year
[01:05:32.400 --> 01:05:36.960]  what this may go to is a private attorney private attorney general suit
[01:05:36.960 --> 01:05:45.840]  how many other properties has the tax assessor increased more than 10%
[01:05:52.640 --> 01:05:57.200]  if you can't answer that question you might want to start doing some digging
[01:05:57.200 --> 01:06:06.640]  it now it's been my experience that when you go down and start digging in their records
[01:06:07.840 --> 01:06:14.640]  and if you're going to Tarrant County the property tax people are right across the
[01:06:16.000 --> 01:06:22.400]  road from I think it's Swack Morton Street from the courthouse and when you go in there
[01:06:22.400 --> 01:06:27.120]  they you walk in the door and straight in front of you there's a counter and there's this little
[01:06:28.240 --> 01:06:35.200]  diminutive little fellow there with a really arrogant smart mouth way about him
[01:06:37.280 --> 01:06:41.280]  I only asked the bailiff to arrest him once but
[01:06:41.280 --> 01:06:51.600]  they tend to have themselves an attitude and when you come down there as a private citizen
[01:06:52.640 --> 01:06:59.520]  and start digging in their records they get real tense about it and that's wonderful
[01:07:02.000 --> 01:07:07.840]  the reason is if they are not open you know I'm even wise county Texas
[01:07:07.840 --> 01:07:13.920]  and when I go to public officials in wise county and I tell them I need some records
[01:07:15.280 --> 01:07:20.560]  for the most part they just bend over backwards to give me what I want
[01:07:22.400 --> 01:07:28.720]  when I go to a jurisdiction and they are reluctant to give me what I want
[01:07:29.840 --> 01:07:33.200]  that always makes red flags pop up all over the place
[01:07:33.200 --> 01:07:41.280]  I'm going to suggest you start looking into all of the assessments that the
[01:07:42.160 --> 01:07:48.880]  tax assessor collector has made you want to know how many case how many properties
[01:07:50.080 --> 01:07:55.760]  have been in the evaluations have been increased more than 10 10 percent
[01:07:55.760 --> 01:08:03.440]  then you want to know precisely how they made those evaluations
[01:08:07.440 --> 01:08:10.160]  you might ask for more than 9 percent because you know
[01:08:11.840 --> 01:08:16.640]  that lady when you told her hey this is more than 10 percent oh no it's not look I just did the
[01:08:16.640 --> 01:08:22.880]  numbers it's 10.03 well that's more than 10 so they're trying to fudge it already and you
[01:08:22.880 --> 01:08:29.040]  already can tell that so you might ask for everything that's 9 and up very good point
[01:08:30.720 --> 01:08:37.280]  then you can run your own calculations they generally do this by fair market value
[01:08:39.360 --> 01:08:46.080]  they don't assess on fair market value but they use fair market value as a statistical mean
[01:08:46.080 --> 01:08:54.400]  for evaluating the increase in property values call a couple of real estate agents
[01:08:55.760 --> 01:09:04.960]  and ask them how much has the fair market value prices on property increased in the last year
[01:09:08.080 --> 01:09:11.840]  then they'll they'll tell you but they'll tell you something optimistic
[01:09:11.840 --> 01:09:17.120]  but I can almost assure you it's not going to be more than three or four percent
[01:09:19.920 --> 01:09:27.200]  property just while property is a great investment and in Texas since California
[01:09:27.200 --> 01:09:35.200]  and the east coast the people are flooding out of there and flocking to Texas in Texas property
[01:09:35.200 --> 01:09:40.160]  values are probably increasing faster than anywhere else in the country but they're not
[01:09:40.160 --> 01:09:50.640]  increasing 10% a year nobody's property values increasing 10% a year so if you can't you contact
[01:09:50.640 --> 01:09:59.200]  a few real estate agents they will tell you how much it's increasing or Zillow okay look on Zillow
[01:10:00.240 --> 01:10:03.680]  and they should have statistics on that
[01:10:03.680 --> 01:10:14.800]  if Zillow doesn't show 10% a year then you have some really good grounds to go back after these
[01:10:14.800 --> 01:10:26.640]  guys for fraud okay and so we contacted a real estate agent and got five comparable
[01:10:26.640 --> 01:10:36.080]  you know for them to go use at the hearing or whatever it's called the protest and we just
[01:10:36.080 --> 01:10:43.360]  took those five divided the square added all of them up and averaged the price per square foot
[01:10:43.360 --> 01:10:50.240]  and then multiplied it by our square footage and that ended up 25 more than 25% less than what they
[01:10:50.240 --> 01:10:55.040]  had chosen for a value and honestly some of the properties seemed a little better than ours and
[01:10:55.040 --> 01:11:02.800]  whatever what they what the assessor did was take five properties that haven't sold like our
[01:11:02.800 --> 01:11:10.000]  neighbors that haven't sold in 35 years and said well we decided that their fair market value is
[01:11:10.000 --> 01:11:16.720]  this and they're an average house and yours is above average so I'll just tell you this they
[01:11:16.720 --> 01:11:23.200]  didn't look at the properties we got the gardening club lady next door that they update their house
[01:11:23.200 --> 01:11:30.320]  every couple years and we got my house which is just normal so anyway that's what they were
[01:11:30.320 --> 01:11:37.920]  that's some of the things they did they used things in our great great charging with fraud
[01:11:39.600 --> 01:11:41.680]  charge them personally with fraud
[01:11:45.200 --> 01:11:47.840]  and let them prove that what they did was not fraud
[01:11:47.840 --> 01:11:59.760]  and then we have this we have a certain rules and and guidelines and one of them is
[01:12:00.880 --> 01:12:06.640]  you'll never win your case simply because you have the law and the facts on your side
[01:12:08.320 --> 01:12:14.320]  to think so is naive it is not that way now never has been that way since we've had human
[01:12:14.320 --> 01:12:21.280]  beings as judges you'll win your case if you have the politics on your side you're dealing with a
[01:12:21.280 --> 01:12:32.000]  tax collector nobody likes the tax collector the judge has property and if he's a nice and corrupt
[01:12:32.000 --> 01:12:40.240]  judge he has lots of properties because property is the way they use to launder payoff money
[01:12:40.240 --> 01:12:48.160]  he gets a mortgage against his property and has someone else pay it off for him and that
[01:12:48.160 --> 01:12:56.720]  launders the money so every penny they increase on the tax is going to dig into his profit
[01:12:58.480 --> 01:13:05.760]  nobody likes the tax collector so you want to get him in court if you accuse the tax
[01:13:05.760 --> 01:13:15.360]  collector of fraudulent fraudulently increasing the tax rate on your property you got everybody on
[01:13:15.360 --> 01:13:22.720]  your side and the last thing the tax assessor collector is going to want is to have to go
[01:13:22.720 --> 01:13:29.120]  to court with you and get in front of a jury who's every member of the jury is almost certainly
[01:13:29.120 --> 01:13:37.280]  paying property taxes they're not happy about their increases exactly you you tell them what the
[01:13:37.280 --> 01:13:43.600]  tax assessor did they're going to go home and look at their own property and if there's increased
[01:13:43.600 --> 01:13:51.760]  too much you know the tax assessor knows this the last thing he wants is to get in front of a jury
[01:13:51.760 --> 01:13:58.800]  and they're not accustomed to people taking him on personally okay go ahead
[01:14:00.560 --> 01:14:13.200]  um sorry i'm taking notes too uh just to make sure so that yes it is just barely over 10 percent
[01:14:13.200 --> 01:14:24.800]  um less than one dollar but i we can still you right who cares yeah i just you look look i just
[01:14:24.800 --> 01:14:33.280]  barely killed this guy just barely if his blood pressure had held up one point he wouldn't have
[01:14:33.280 --> 01:14:44.480]  died okay this is how it works this is what the law says you don't get to pass it and it's not it's
[01:14:44.480 --> 01:14:56.720]  not about 10 percent okay it's about did property value actually increase 10 percent did they tax
[01:14:56.720 --> 01:15:05.040]  you on an increase even if they charged you for a five percent increase and the property only increased
[01:15:05.040 --> 01:15:13.840]  four percent that's fraud tax assessor because he's a public official doesn't get to do that
[01:15:16.240 --> 01:15:23.280]  he has to absolutely establish grounds for the amount that he did an increase in this case
[01:15:23.280 --> 01:15:34.320]  there is absolutely no chance in this economy in this covoid restricted economy that your property
[01:15:34.320 --> 01:15:43.280]  value increased 10 10 percent not a chance you know their argument that they would be that it
[01:15:43.280 --> 01:15:49.760]  was undervalued you know say it was valued at $50,000 which is incredibly low for here
[01:15:49.760 --> 01:15:55.760]  which of course it isn't but you know like last year was at 50,000 so they'd say well
[01:15:55.760 --> 01:16:00.960]  increasing it by 10 percent is only to 55 and that's still a hundred thousand dollars less than
[01:16:00.960 --> 01:16:11.520]  it's worth for instance does that matter no as far as it being not on market you know as far as
[01:16:11.520 --> 01:16:20.000]  the market has increased three percent if if they haven't been properly evaluating your property
[01:16:20.000 --> 01:16:26.720]  one of the things that I deal with with people in foreclosure issues is I want to see what they're
[01:16:26.720 --> 01:16:36.800]  paying are you paying too much or are you paying too little paying too little is worse than paying
[01:16:36.800 --> 01:16:45.760]  too much and when we come back on the other side i'll explain why that is really a prescription
[01:16:45.760 --> 01:16:51.440]  for disaster and you can get set up that way hang on randy kelton brett fountain wheel of
[01:16:51.440 --> 01:16:58.880]  our radio i can't i'm not going to have to call in never or have a full board would be right now
[01:17:00.000 --> 01:17:04.480]  are you being harassed by debt collectors with phone calls letters or even losses
[01:17:04.480 --> 01:17:10.320]  and stop debt collectors now with the michael mirris proven method michael mirris has won six
[01:17:10.320 --> 01:17:15.520]  cases in federal court against debt collectors and now you can win too you'll get step by step
[01:17:15.520 --> 01:17:21.200]  instructions in plain english on how to win in court using federal civil rights statute what to do
[01:17:21.200 --> 01:17:26.720]  when contacted by phones mail or court summons how to answer letters and phone calls how to get
[01:17:26.720 --> 01:17:32.160]  debt collectors out of your credit report how to turn the financial tables on them and make them pay
[01:17:32.160 --> 01:17:38.400]  you to go away the michael mirris proven method is the solution for how to stop debt collectors
[01:17:38.400 --> 01:17:43.600]  personal consultation is available as well for more information please visit rule of law radio
[01:17:43.600 --> 01:17:49.200]  dot com and click on the blue michael mirris banner or email michael mirris at yahoo dot com
[01:17:49.200 --> 01:17:57.040]  that's rule of law radio dot com or email m i c h a e l m i r r a s at yahoo dot com
[01:17:57.040 --> 01:18:02.960]  to learn how to stop debt collectors now i love logos without the shows on this network i'd be
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[01:18:54.720 --> 01:19:03.920]  perfect thank you so much we are welcome happy holidays logos this is the logos
[01:19:03.920 --> 01:19:10.160]  my logo radio net video
[01:19:10.160 --> 01:19:32.400]  net oh come on
[01:19:32.400 --> 01:19:42.880]  okay we are back rendy kelton brett fountain rule law radio i do need to move quickly we
[01:19:42.880 --> 01:19:49.760]  got a full bottle of collars but this is a great subject we have the tax assessor collector who
[01:19:49.760 --> 01:19:59.280]  has a duty to the public to accurately assess property so that he can fund government by property
[01:19:59.280 --> 01:20:08.480]  taxes so in this case you have a tax assessor collector saying oh yeah i have defrauded the
[01:20:08.480 --> 01:20:17.440]  public by not assessing enough taxes so now i'm going to dramatically increase your tax rate
[01:20:18.640 --> 01:20:25.600]  when i'm helping people with foreclosure i want to see how much they agreed to pay on the note
[01:20:25.600 --> 01:20:33.920]  and then compare that to what they're being billed by the lender if you're being billed
[01:20:33.920 --> 01:20:41.280]  too much you know that's an obvious claim but that will decrease your indebtedness more quickly
[01:20:41.840 --> 01:20:48.960]  if you're not being billed enough that's dangerous because what's going to happen is it happens so
[01:20:48.960 --> 01:21:03.920]  often that it's in in a board game monopoly bank error you owe 200 bucks what the bank bank will
[01:21:03.920 --> 01:21:11.360]  do if they're not charging you enough is they will wait until you're slow to pay two times in a row
[01:21:11.360 --> 01:21:17.360]  and then they will come to you and say oh my goodness bank error we haven't been charging
[01:21:17.360 --> 01:21:24.080]  you enough you have to come up with $10,000 in the next month or we're going to foreclose
[01:21:26.480 --> 01:21:32.720]  much worse than charging you too much tax assessor collector is charging you too little
[01:21:32.720 --> 01:21:40.880]  why would the tax assessor collector defraud the public by not charging the amount of taxes
[01:21:40.880 --> 01:21:52.080]  required to charge christa you have any idea why
[01:21:53.840 --> 01:21:58.240]  well i keep saying it's an attempt to get properties away from people
[01:21:58.240 --> 01:22:07.520]  exactly charges too little then bumps it up all of a sudden so he can capture these properties
[01:22:07.520 --> 01:22:09.280]  who wants to buy your property
[01:22:13.600 --> 01:22:16.640]  any um how developers
[01:22:19.280 --> 01:22:24.640]  all you have to do is find somebody who might want your property and might have political connections
[01:22:24.640 --> 01:22:31.840]  and accuse them of conspiring with the tax assessor collector to defraud you of your property
[01:22:33.680 --> 01:22:35.200]  now that may not have happened
[01:22:36.800 --> 01:22:42.800]  who cares let the tax assessor collector prove it didn't happen if he wasn't charging enough
[01:22:42.800 --> 01:22:49.680]  taxes all this time and all of a sudden he increases the amount he has to admit to an error
[01:22:49.680 --> 01:22:57.600]  so it should have been charging you appropriate amount all along if you can do a calculation
[01:22:57.600 --> 01:23:02.400]  to determine how much the fair market value of your property increased over this term
[01:23:03.120 --> 01:23:08.400]  and then do a calculation on how much discount on that the tax assessor
[01:23:09.280 --> 01:23:15.760]  collector gives to properties they don't charge fair market value they charge fair market value
[01:23:15.760 --> 01:23:22.640]  less a certain percentage so you can determine exactly what he should assess your property at
[01:23:22.640 --> 01:23:27.600]  and if he's not assessing your property exactly at what he should be accessing your assessing
[01:23:27.600 --> 01:23:37.840]  your property at you want to know why who's he conspiring with you don't you don't have to prove
[01:23:37.840 --> 01:23:48.160]  it you just have to have a plausible claim now let's come to the table make me a deal I can't
[01:23:48.160 --> 01:23:57.280]  pass up in the conversation with them who are supposed to help you know if that is this you
[01:23:58.240 --> 01:24:05.920]  she said she couldn't allow my second postponement because there were there are 200 000 protests per
[01:24:05.920 --> 01:24:15.600]  year wonderful so this is that they're not doing a decent job assessing with 200 000 and I said
[01:24:15.600 --> 01:24:23.600]  that's just the ones brave enough or prepared enough to want to face a random board that it's
[01:24:23.600 --> 01:24:30.080]  the statute whether you'll get a decent one or not okay let's go back to private attorney general
[01:24:30.080 --> 01:24:35.120]  suit you've been on a while have you did you hear us talking about private attorney general suit
[01:24:35.120 --> 01:24:44.480]  earlier yeah this sounds like a ripe candidate for a private attorney general suit
[01:24:48.480 --> 01:24:54.480]  now you don't really want to go through the whole suit you know and we always say on the show
[01:24:54.480 --> 01:24:59.600]  you can never expect to win your case simply because you have the law on the facts on your side
[01:24:59.600 --> 01:25:04.640]  to think so is naive you can expect to win your case if you have the politics on your side
[01:25:05.600 --> 01:25:15.360]  and this is a very political situation you accuse the Texas collector of malfeasance
[01:25:15.360 --> 01:25:24.640]  in office of failing to properly assess properties so that he can use an adjustment in assessments
[01:25:24.640 --> 01:25:36.320]  to force someone out of their property and imply that they're doing that for political reasons
[01:25:38.560 --> 01:25:45.280]  and let him explain in the court why he's not and you sue the tax assessor collector for
[01:25:45.920 --> 01:25:52.720]  the improper value evaluations to all of the properties and claim he's doing it on purpose
[01:25:52.720 --> 01:26:02.880]  this takes him outside of the standard tax collection protocols take him in get to tell you
[01:26:02.880 --> 01:26:08.080]  to go use this form and wait in line and take the number and all of that instead you've just
[01:26:08.080 --> 01:26:16.240]  come stomping on his head is that something you would be interested in looking at in order to
[01:26:16.240 --> 01:26:25.840]  get your evaluation down the horse should be it yes and especially as we've been looking at properties
[01:26:25.840 --> 01:26:34.640]  around the state and around even in other states it is it seems to be happening kind of everywhere
[01:26:34.640 --> 01:26:41.600]  where just their land that was being charged like fifty dollars a year for taxes is now being
[01:26:41.600 --> 01:26:50.480]  charged six thousand dollars just in the last couple years so it's a big big person he wants
[01:26:50.480 --> 01:27:02.080]  property all over sits colluding with all of them it is a time in history with the COVID crisis that
[01:27:02.080 --> 01:27:10.720]  big money is going big time into real estate so we have big money interest in and politically
[01:27:10.720 --> 01:27:20.080]  powerful interest that wants to buy up property right now especially in texas people are flooding
[01:27:20.080 --> 01:27:26.720]  out of california like flush in a toilet and they're coming to texas same thing with the northeast
[01:27:26.720 --> 01:27:33.200]  the industrial northeast are flooding out of there all come into texas hopefully not to turn
[01:27:33.200 --> 01:27:43.680]  us into it for you oh what yeah i said that's a perfect mental image well it's what's happening
[01:27:43.680 --> 01:27:51.360]  texas is the place to come to now so the investors want this property if if they can influence the
[01:27:51.360 --> 01:27:59.840]  tax assessor to force people into a tax sale or get them under the threat of a tax sale so that
[01:27:59.840 --> 01:28:07.440]  they can so that the buyer can buy their properties you know i live in a house that's right next to
[01:28:07.440 --> 01:28:12.320]  door to city hall i get four or five offers a week on my house
[01:28:15.360 --> 01:28:24.240]  and everybody's buying property right now so with the implication that someone is influencing
[01:28:24.240 --> 01:28:30.720]  the tax assessor to force properties on to the market would be a great suit to bring
[01:28:32.320 --> 01:28:38.880]  yes and we were down at the courthouse on the day there were hundreds there for this
[01:28:40.880 --> 01:28:49.600]  sales yeah everybody's buying right now texas is the place my i have a friend pastor massive in
[01:28:49.600 --> 01:29:00.160]  upstate new york a someone offered to give him a three-story building right on the canadian river
[01:29:01.680 --> 01:29:07.680]  not just on the canadian river but right at a small dam on the constant canadian river
[01:29:08.560 --> 01:29:15.280]  three doors down from this house is a factory building and in the back of this factory building
[01:29:15.280 --> 01:29:23.680]  there's a turbine this dam backs up the canadian river about three feet in height and then they
[01:29:23.680 --> 01:29:32.880]  flood that water through a duct that goes through this hydroelectric plant the first hydroelectric
[01:29:32.880 --> 01:29:39.600]  plant ever built on planet earth built by thomas eddison himself
[01:29:39.600 --> 01:29:48.480]  he didn't accept the property because it would cost $30,000 to bring it up to fair market value
[01:29:48.480 --> 01:29:55.360]  and the three-story building on the canadian river was not worth $30,000 nobody wanted it
[01:29:55.360 --> 01:30:06.400]  hang on be right back a top cybersecurity expert has a warning for america if you build an electrical
[01:30:06.400 --> 01:30:12.320]  smart grid the hackers will come and they could cause a catastrophic blackout and dr campren
[01:30:12.320 --> 01:30:18.400]  albrecht back with the shocking details in a moment privacy is under attack when you give
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[01:31:24.640 --> 01:31:33.120]  all back for start page dot com the world's most private search engine this is building seven a 47
[01:31:33.120 --> 01:31:38.080]  story skyscraper that fell on the afternoon of september 11 the government says that fire brought
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[01:31:43.840 --> 01:31:47.760]  six thousand my fellow service members have given their lives to thousands of my fellow
[01:31:47.760 --> 01:31:52.000]  force responders is dying i'm not a conspiracy theorist i'm a structural engineer i'm a new york
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[01:32:59.280 --> 01:33:15.280]  you are listening to the logos radio network logos radio network
[01:33:29.280 --> 01:33:43.760]  okay we are back and the kelton blatt fountain rule of law radio and we've only got 30 minutes left
[01:33:43.760 --> 01:33:50.480]  so i gotta move pretty quickly uh penny in texas subtle penny what do you have for us today
[01:33:50.480 --> 01:34:02.000]  well i just discovered today that the treasury had turned over my account to perform it
[01:34:03.360 --> 01:34:11.920]  perform it recovery incorporated okay treasury cms was the actual government
[01:34:13.040 --> 01:34:18.160]  okay hold on hold on you starting the middle of something give us a quick brief overview
[01:34:18.160 --> 01:34:27.120]  so we we have context yeah i called last night and um dang it i'm bringing it up i called last
[01:34:27.120 --> 01:34:32.960]  night my month they've been deducting money out of my father's social security account
[01:34:33.920 --> 01:34:41.280]  oh okay or you remember for the bills they said i that we owed that i don't think we own
[01:34:41.280 --> 01:34:48.720]  them i mean that's where those all all seem to be deductibles that you pay directly to the doctor
[01:34:49.760 --> 01:34:55.280]  and then so they're second charging us for deductibles is what they're doing and they're
[01:34:55.280 --> 01:35:04.320]  saying that we owe them but i know we don't okay and you have a okay this is a federal government
[01:35:04.320 --> 01:35:11.760]  agency and uh scott richardson i don't think he's it's too late for him send me an email
[01:35:13.280 --> 01:35:20.480]  scott called me yesterday and referenced your case and said that is a medicare issue
[01:35:21.600 --> 01:35:29.440]  and he's my medicare specialist send me an email randy to randy at rule of law radio
[01:35:29.440 --> 01:35:38.880]  dot com and asked for a introduction to scott richardson okay i will get i will get this to him
[01:35:38.880 --> 01:35:46.960]  he's my resident pro on this okay and he is one of us he will show you how to go after them
[01:35:46.960 --> 01:35:58.400]  what what's his last name richardson i often refer to him as anus rectum
[01:35:59.920 --> 01:36:06.800]  but we can't we can't say that on the air oh he's pretty good he takes my abuse well
[01:36:07.520 --> 01:36:12.400]  and but but this is his you know he calls in about other things but this is what he does he
[01:36:12.400 --> 01:36:19.600]  does medicare medicaid he's my resident expert and he can show you how to go after him great
[01:36:20.880 --> 01:36:24.800]  okay well i appreciate it i don't want to hold you up i know you got a bunch of people still
[01:36:25.600 --> 01:36:31.360]  okay send me an email randy at rule of law radio and ask for an introduction to scott
[01:36:31.360 --> 01:36:38.160]  and i will forward that to him i never give out personal information unless you know this is
[01:36:38.160 --> 01:36:43.920]  the way i do it that way he can give it to you and you don't get upset at me right he gets upset
[01:36:43.920 --> 01:36:49.760]  at me because i pick on him a lot but that's okay okay send that to me and i will get you to the
[01:36:49.760 --> 01:36:56.960]  right guy okay well thank you very much randy okay thank you penny okay now we're going to
[01:36:57.680 --> 01:37:04.800]  bob in california bob i know you have been causing untold difficulty for poor
[01:37:04.800 --> 01:37:09.280]  alive mistreated public officials what have you been up to
[01:37:13.440 --> 01:37:24.880]  well not much i'm calling tonight i had went to court and the judge didn't let me
[01:37:26.640 --> 01:37:31.920]  call witnesses didn't let me cross examine the police officer didn't let me
[01:37:31.920 --> 01:37:42.320]  be into evidence and found me guilty well i've appealed that and my appeal is on a zoom on
[01:37:42.320 --> 01:37:53.280]  april second and i really wanted to find out what to expect send me a leak to that zoom
[01:37:53.280 --> 01:38:04.240]  okay and anybody else who's listening who wants to listen in if you'll send me an email i'll send
[01:38:04.240 --> 01:38:11.120]  you a link to the zoom if you listen regularly then you probably remember miss patty's hearing
[01:38:12.160 --> 01:38:15.360]  a week or so ago uh brett when was that hearing
[01:38:15.360 --> 01:38:26.000]  that was thursday the 11th the i i i logged on to it and the link put me in the zoom
[01:38:26.640 --> 01:38:33.040]  and i was able to unmute and talk to the judge well he had a whole bunch of people on there and
[01:38:33.040 --> 01:38:39.280]  he was concerned that they would be interfering with the meeting so we asked everybody to go to
[01:38:39.280 --> 01:38:47.760]  a youtube link so they could listen and not intrude in the case but when he started the case
[01:38:48.320 --> 01:38:55.520]  the first thing he did was asked the clerk how many streams were on the youtube channel
[01:38:55.520 --> 01:39:10.240]  and i thought why the heck does he care he obviously cared so so uh bob we want to get
[01:39:10.240 --> 01:39:19.040]  as many people streaming into that as possible it'll make the judge crazy he's going to wonder
[01:39:19.040 --> 01:39:25.920]  where are you getting all these people so send us a link we'll send it around and get as many
[01:39:25.920 --> 01:39:35.120]  people on there as we can now i'll go back to you what is your question what what what should i expect
[01:39:35.120 --> 01:39:43.520]  when i'm on there for them to ask or request of me what is the nature of this hearing
[01:39:43.520 --> 01:39:53.520]  thank you what is the nature yeah is this a trial is this a pre-trial what is the
[01:39:53.520 --> 01:40:01.120]  hearing oh it's an appeal hearing it's an argument for it's a i've appealed the case
[01:40:01.120 --> 01:40:08.560]  and this is the hearing is this in a before an appellate court or before a county court
[01:40:08.560 --> 01:40:20.160]  an appellate court oh interesting so what are the claims that you have before the appellate court
[01:40:21.680 --> 01:40:32.640]  well i claim that the judge didn't allow me to call witnesses didn't allow me to cross examine
[01:40:32.640 --> 01:40:43.680]  the police officer didn't allow me to do any evidence those are a few of the claims i've got
[01:40:43.680 --> 01:40:55.600]  a couple of the the charge was reduced from a misdemeanor to a infraction without the consent
[01:40:55.600 --> 01:41:06.800]  without my consent which is required for them to do that and the judge it was actually a commissioner
[01:41:07.680 --> 01:41:16.160]  she uh when i asked her the nature of the um charges she told me she wouldn't answer
[01:41:16.160 --> 01:41:25.760]  if she said that it was uh it was a i said what is the nature of the charges criminal or civil and
[01:41:25.760 --> 01:41:35.680]  she said this is a after you know he homed around she said this is a criminal court and
[01:41:37.120 --> 01:41:45.120]  then i had asked for an assistant counsel because on the ticket it was a misdemeanor
[01:41:45.120 --> 01:41:51.600]  she never mentioned that it had been turned to an infraction and then they passed me off
[01:41:51.600 --> 01:42:00.720]  to a retired judge three three hearings him and he informed me that it was an infraction
[01:42:01.520 --> 01:42:11.920]  and i questioned whether that whether why how did it get changed to an infraction
[01:42:11.920 --> 01:42:20.080]  from a misdemeanor and he said that it was a court ruling well then he produced a
[01:42:21.360 --> 01:42:27.680]  a letter back and forth from the district attorney to the chief the presiding judge
[01:42:28.720 --> 01:42:38.240]  and i started prying on by what authority and they didn't they've i've probably made
[01:42:38.240 --> 01:42:46.800]  30 requests to find out where that letter got the authority to change the charge from a misdemeanor
[01:42:46.800 --> 01:42:56.080]  to an infraction and all i've gotten was uh ring around the rosy you know no one wants to answer
[01:42:56.080 --> 01:43:08.000]  anything this is a good hearing to have an audience for the court of appeals is not going to
[01:43:08.000 --> 01:43:16.720]  want an audience so okay anybody who anybody who's been listening to the show you've listened to
[01:43:16.720 --> 01:43:24.240]  bob bob has been taking these guys on big time right now he needs support what do you think
[01:43:24.240 --> 01:43:38.400]  the appellate court's going to do if they they get a hundred listeners logging into here to this theory
[01:43:39.680 --> 01:43:46.080]  exactly but you know the first question the judge asks is how many listeners are their own youtube
[01:43:47.520 --> 01:43:52.640]  it really gets their attention hang on randy calton gratt fountain rule of law radio
[01:43:52.640 --> 01:43:54.240]  we'll be right back
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[01:46:25.120 --> 01:46:42.080]  okay we are back
[01:46:45.680 --> 01:46:49.600]  i called him i'm not gonna have to call him i don't know what i'm thinking we're in the last
[01:46:49.600 --> 01:46:55.760]  segment john i see there we'll get to you bob we were talking on the the break i have been doing
[01:46:55.760 --> 01:47:05.440]  some presentations to a group that has about 3000 members and and their purpose is if someone gets
[01:47:05.440 --> 01:47:12.240]  in an issue they can send out a call to a local coordinator and he will find people in their area
[01:47:12.240 --> 01:47:21.040]  that'll come down to support them you are the perfect one to promote this with you're going to
[01:47:21.040 --> 01:47:27.760]  the court of appeals on a traffic issue beat these guys up kick them all around and now you're going
[01:47:27.760 --> 01:47:34.080]  to court of appeals if you'll send me an email i want to get it to all of these people and see
[01:47:34.080 --> 01:47:42.800]  if we can get more people trying to log into this hearing then their server is able to accommodate
[01:47:44.560 --> 01:47:56.080]  okay what do you did did you hear the the talk about the hearing with patty's foreclosure issue
[01:47:56.080 --> 01:48:06.000]  yes i did in fact i sent brennan email to put me on his zoom list good because that judge you know
[01:48:07.040 --> 01:48:17.120]  when he convened the hearing he's on zoom but he sent all of us to youtube first thing out of his
[01:48:17.120 --> 01:48:28.480]  mouth is he asked the clerk how many people are on the youtube channel i thought what what does he
[01:48:28.480 --> 01:48:39.200]  care he obviously cared bob what if we could put a hundred people or put more people logging in
[01:48:39.200 --> 01:48:48.400]  than the system's able to accommodate what do you think and i'm going to tell him you need to
[01:48:48.400 --> 01:48:54.720]  listen to this guy bob has a and i've already told him about you said i got this guy in california
[01:48:54.720 --> 01:49:00.320]  he picked a fight with the with the city of riverside just so he can have a fight with him
[01:49:01.520 --> 01:49:05.920]  he's having way too much fun i keep after warning him you're having way too much fun here you're
[01:49:05.920 --> 01:49:12.880]  going to get that out so i'm i hope i have them intrigued and i hope i'm get we may be able to
[01:49:12.880 --> 01:49:19.840]  get a couple hundred people calling in well that'd be great randy that would be incredible
[01:49:20.960 --> 01:49:28.720]  okay what was you said brad what don't they like i said it's hard for them to operate
[01:49:28.720 --> 01:49:38.720]  do their normal procedures in the bright light exactly so each time that i went to court they
[01:49:39.200 --> 01:49:45.760]  they they call me and then once i'd start start they'd have me sit down till they cleared the
[01:49:45.760 --> 01:49:56.400]  courtroom and then they proceed with me so this this particular group this is uh people's rights
[01:49:56.400 --> 01:50:05.200]  dot org what they their structure is if you get an issue you call a state coordinator and you'll
[01:50:05.200 --> 01:50:12.800]  find members that are in your area and send them down to support you that is perfect makes that a
[01:50:12.800 --> 01:50:20.160]  lot easier yeah you get all these people coming down there and it makes them crazy so they hold
[01:50:20.160 --> 01:50:25.360]  his hearing and they get flooded with people you know they're i'm used to going into court and there's
[01:50:25.360 --> 01:50:32.640]  nobody in there just like you bob they clear the courtroom before they get to you uh i was in austin
[01:50:32.640 --> 01:50:41.040]  and i was in there watching someone else's hearing and they held him till the last and when they got
[01:50:41.040 --> 01:50:46.320]  to the last one i'm sitting in the courtroom and the bait have come over to me and he said uh
[01:50:48.320 --> 01:50:55.280]  who are you i said no your business he said i didn't know what you're doing here no you
[01:50:55.280 --> 01:50:59.680]  don't need to know any such thing and he said if you don't tell me what you're doing here i'm gonna
[01:50:59.680 --> 01:51:04.480]  ask what you're out of the building and i stood up and i said your honor and he was trying to hold
[01:51:04.480 --> 01:51:13.200]  the hearing he stopped and looked up he said what i said your honor you pull this bulldog off of me
[01:51:14.480 --> 01:51:19.120]  and he looked at the bailiff he said mr bailiff what's going on here oh mr your honor i asked
[01:51:19.120 --> 01:51:26.560]  us this person what his business is here and he won't tell me and the judge looked at me and he
[01:51:26.560 --> 01:51:36.160]  said sir do you mind if i ask who you are i said no i don't mind and i stood there and the judge
[01:51:36.160 --> 01:51:42.960]  got it he said well well who are you i said my name's randy kilton he said do you mind if i
[01:51:42.960 --> 01:51:50.320]  ask when you're here oh no i don't mind and the judge he sat there a second and he said
[01:51:50.320 --> 01:51:57.680]  mr custom why are you here entertainment he said entertainment i said yeah entertainment
[01:51:58.720 --> 01:52:05.760]  and he turned to the bailiff and he said well mr bailiff leave him alone the judge got it the
[01:52:05.760 --> 01:52:11.600]  judge knew i was lying to him but i'm telling the judge i know i have a right to be here and you
[01:52:11.600 --> 01:52:19.920]  don't have a right to interfere and so he's got someone a winger in here watching and he's wondering
[01:52:19.920 --> 01:52:31.920]  who is this guy what's he doing here why is he watching me if we can get the zoom meeting
[01:52:32.640 --> 01:52:41.360]  just crammed packed with people the judges are going to say what in the heck is going on what
[01:52:41.360 --> 01:52:49.280]  are we being set up for so send me an email that i can send to everybody inviting them
[01:52:50.080 --> 01:52:56.800]  to participate in this hearing but do it in a way that you do on this show
[01:52:58.640 --> 01:53:02.720]  this is not something you're intimidated about there's something you're having great fun with
[01:53:02.720 --> 01:53:11.120]  with and you want these guys to join the fund okay it will demonstrate to them the power of numbers
[01:53:14.080 --> 01:53:20.720]  the zoom is on the 2nd of april at 1130 california turn and i'll send you the link
[01:53:21.280 --> 01:53:30.960]  and uh i'll let you go and i'll talk to you soon thank you bob you've turned you have turned
[01:53:30.960 --> 01:53:36.960]  into an asset you're the reason we do this show we look for people just like you and there's not
[01:53:36.960 --> 01:53:44.640]  many of them and just so you know we appreciate you okay well i appreciate you even though you
[01:53:44.640 --> 01:53:53.600]  call me bad names in email all right well thanks for your time and i'll talk to you soon okay thank
[01:53:53.600 --> 01:54:01.760]  you bob okay now we're going to john in new york and john i've held you to the last and let me
[01:54:01.760 --> 01:54:10.240]  explain why john used to call in you a real pain in the butt you're always off topic always going
[01:54:10.240 --> 01:54:16.720]  to odd things and frankly my producer said you gotta stop talking to this call it taking this guy
[01:54:16.720 --> 01:54:27.040]  is a real pain in the rear john you have turned into a very good caller oh thank you i wanted i
[01:54:27.040 --> 01:54:33.600]  wanted to let you know how much i appreciate you're bringing us good information and i do appreciate
[01:54:33.600 --> 01:54:40.720]  i pick on you a lot but i only do that in in good fun i do appreciate the the information you bring
[01:54:40.720 --> 01:54:48.560]  us all right okay with that said what do you have for us today i had two questions i might have time
[01:54:48.560 --> 01:54:54.880]  only for one they're both short but here we go we wrote up a verified criminal complaint
[01:54:55.520 --> 01:55:01.760]  for that police chief that denied three foil requests and i'm going to read it to you it's
[01:55:01.760 --> 01:55:07.600]  short and i might have time to ask the other questions so here we go on march 10th 2021
[01:55:07.600 --> 01:55:15.200]  i filed three information requests foil with the xx police department one foil request was
[01:55:15.200 --> 01:55:24.480]  complete wait wait wait wait wait that's not acceptable but name home so okay uh i file i
[01:55:24.480 --> 01:55:29.920]  filed three information requests with the waterloo police department one foil request was completely
[01:55:29.920 --> 01:55:35.440]  denied while important information on the other two requests was reacted basically rendering the
[01:55:35.440 --> 01:55:43.040]  information provided useless okay hold on hold on okay okay i'm not familiar with the the open
[01:55:43.040 --> 01:55:55.040]  records act in new york but in texas the the custodian of the record may not redact or deny
[01:55:55.040 --> 01:56:04.000]  any request unless they ask permission from the state attorney general have you looked at the open
[01:56:04.000 --> 01:56:11.360]  records act in new york to see what the custodian must do before they can deny access to records
[01:56:12.800 --> 01:56:19.040]  no no i haven't i haven't um you need to look at that because if they are required to request an
[01:56:19.040 --> 01:56:26.720]  opinion then you can file against them criminally okay go ahead we've only got two minutes so i
[01:56:26.720 --> 01:56:32.800]  don't want to hold you up arrest records are public information they can commonly be found
[01:56:32.800 --> 01:56:39.280]  in the newspaper under police beat or some other similar title ask any news person i was a news
[01:56:39.280 --> 01:56:46.720]  person i can tell you arrest records are totally for the public common practice by the local newspaper
[01:56:46.720 --> 01:56:52.080]  will publish the name and address of the party that has been arrested but that said why am i being
[01:56:52.080 --> 01:56:58.160]  denied the information i requested in the one foil request and why has information been deleted
[01:56:58.160 --> 01:57:05.840]  from the other foil request it was mostly redacted i mean the other okay okay okay what texas law says
[01:57:06.720 --> 01:57:15.920]  is they may only redact information if they've asked permission from the attorney general
[01:57:15.920 --> 01:57:22.320]  and i'm going to bet it's the same thing in new york they may not arbitrarily or capriciously
[01:57:22.320 --> 01:57:29.120]  redact information unless there is specific law authorizing them too and they have to give you
[01:57:29.120 --> 01:57:36.320]  notice of that law all right the vast majority of necessary information in one of the three requests
[01:57:36.320 --> 01:57:42.960]  has all been completely redacted the police chief of waterloo failed to perform a required duty and
[01:57:42.960 --> 01:57:49.360]  in so doing denied me the right to necessary to necessary full and free access to public records
[01:57:49.360 --> 01:57:54.720]  he denied or redacted the request information for three different requests under freedom of
[01:57:54.720 --> 01:58:03.920]  information um that's a that's official misconduct in every state right class a misdemeanor yeah
[01:58:03.920 --> 01:58:09.520]  and the reasoning for the reaction to the denials has nothing to do with the law
[01:58:09.520 --> 01:58:14.320]  primarily since the law provides all public information in its public information is available
[01:58:14.320 --> 01:58:24.240]  for five requests okay hold on we're out of time send me an email offline and uh we'll prepare
[01:58:24.240 --> 01:58:30.720]  criminal charges against the chief and see how this works out for him all right thank you very much
[01:58:30.720 --> 01:58:36.960]  and i'll have a thank you i'm live okay i'm sorry i'm sorry we're out of time uh send me an email
[01:58:36.960 --> 01:58:42.960]  and we'll address this randy kelton brett fountain will roll radio thank you all for listening
[01:58:42.960 --> 01:58:49.040]  we'll be back next week at our regular thursday and friday night shows thank you for listening
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