ROL_2023-04-21_16k_Hr3-4.timecode
[00:00.000 --> 00:05.800] The Bill of Rights contains the first 10 amendments of our Constitution.
[00:05.800 --> 00:09.440] They guarantee the specific freedoms Americans should know and protect.
[00:09.440 --> 00:10.920] Our liberty depends on it.
[00:10.920 --> 00:14.860] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[00:14.860 --> 00:16.960] your First Amendment rights.
[00:16.960 --> 00:18.560] Privacy is under attack.
[00:18.560 --> 00:22.160] When you give up data about yourself, you'll never get it back again.
[00:22.160 --> 00:26.920] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.920 --> 00:32.000] So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:34.680] Privacy, it's worth hanging on to.
[00:34.680 --> 00:38.980] This public service announcement is brought to you by Startpage.com, the private search
[00:38.980 --> 00:42.520] engine alternative to Google, Yahoo, and Bing.
[00:42.520 --> 00:44.840] Start over with Startpage.
[00:44.840 --> 00:47.800] Spar, it's what fighters do.
[00:47.800 --> 00:51.280] It's also how I remember the five guarantees of the First Amendment.
[00:51.280 --> 00:54.480] If you plan to take away my rights, I'm going to spar with you.
[00:54.480 --> 01:01.600] Spar with an extra P, S for speech, P for press, another P for petition, A for assembly,
[01:01.600 --> 01:02.960] and R for religion.
[01:02.960 --> 01:07.040] Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:07.040 --> 01:08.560] assembly, and religion.
[01:08.560 --> 01:10.920] But petition for redress is another matter.
[01:10.920 --> 01:14.640] We have the right to petition the government for a redress of grievances.
[01:14.640 --> 01:18.160] It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.160 --> 01:20.800] the reasons without fear of being thrown into jail.
[01:20.800 --> 01:22.760] I'm Dr. Catherine Albrecht.
[01:22.760 --> 01:31.200] More news and information at CatherineAlbrecht.com.
[01:31.200 --> 01:34.880] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.880 --> 01:38.340] They guarantee the specific freedoms Americans should know and protect.
[01:38.340 --> 01:39.840] Our liberty depends on it.
[01:39.840 --> 01:43.720] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.720 --> 01:46.840] one of your constitutional rights.
[01:46.840 --> 01:48.440] Privacy is under attack.
[01:48.440 --> 01:52.040] When you give up data about yourself, you'll never get it back again.
[01:52.040 --> 01:56.800] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:56.800 --> 02:01.840] So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.840 --> 02:04.560] Privacy, it's worth hanging on to.
[02:04.560 --> 02:08.840] This public service announcement is brought to you by StartPage.com, the private search
[02:08.840 --> 02:12.380] engine alternative to Google, Yahoo, and Bing.
[02:12.380 --> 02:14.480] Start over with StartPage.
[02:14.480 --> 02:20.320] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.320 --> 02:22.400] of Rights in a big old bear hug.
[02:22.400 --> 02:26.880] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.880 --> 02:30.760] that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.760 --> 02:31.760] Get it?
[02:31.760 --> 02:32.760] Two arms?
[02:32.760 --> 02:33.760] Bear hug?
[02:33.760 --> 02:34.760] Bear arms?
[02:34.760 --> 02:37.640] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.640 --> 02:38.880] when he said,
[02:38.880 --> 02:43.840] The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.840 --> 02:48.920] one more safeguard against the tyranny, which now appears remote in America, but which historically
[02:48.920 --> 02:50.600] has proved to always be possible.
[02:50.600 --> 02:52.600] I'm Dr. Catherine Albrecht.
[02:52.600 --> 03:19.480] More news and information at CatherineAlbrecht.com.
[03:53.600 --> 04:06.600] I know some architects, I know some engineers, they've seen the evidence, they know something
[04:06.600 --> 04:15.600] seems queer, what's up with the blatant deception, what is the nature of what you might gain?
[04:15.600 --> 04:21.600] I see something headed straight for you, I think it looks just like a train.
[04:21.600 --> 04:29.360] Okay, we are back, Randy Kelken, Brett Fountain, Root of Love Radio, on this Friday, the 21st
[04:29.360 --> 04:33.520] day of April, 2023.
[04:33.520 --> 04:42.720] And we're talking to Scott in Georgia, Scott, Brett wanted to talk about the rules of evidence.
[04:42.720 --> 04:45.880] Go ahead, Brett.
[04:45.880 --> 04:53.680] Yeah, early on, you mentioned, Scott, you were talking about some, you had found the
[04:53.680 --> 05:01.760] word must or shall, that the judge is required to admit something or other as evidence.
[05:01.760 --> 05:13.080] Are you looking at rule 201 in, let's see, if I can find, Georgia has, yeah, it looks
[05:13.080 --> 05:19.760] like in Georgia, they kept the numbering, but they've got it prefixed with 24-2.
[05:19.760 --> 05:24.560] So what you're looking at, 24-2, 201?
[05:24.560 --> 05:38.640] I think it's 24-1-103, preliminary questions.
[05:38.640 --> 05:48.960] Let me direct your attention over to 201, and this is mandatory judicial notice.
[05:48.960 --> 05:55.000] So what you can do, you can put in an affidavit, if you're willing to swear to something as
[05:55.000 --> 06:02.360] being true and you're doing it under penalty of perjury, for example, this photo is a before
[06:02.360 --> 06:04.840] and this photo is an after.
[06:04.840 --> 06:14.920] This is the repair that supposedly happened on the 5th of June, and you can swear to this
[06:14.920 --> 06:19.240] being factual.
[06:19.240 --> 06:24.880] You can't draw conclusions from that and say, so as the court can see, he's not doing
[06:24.880 --> 06:25.880] his job.
[06:25.880 --> 06:26.880] This is a breach of duty.
[06:26.880 --> 06:28.160] You can't go there.
[06:28.160 --> 06:37.440] That's not a fact that you can bring, that's something that would have to be decided.
[06:37.440 --> 06:43.920] It's subject to reasonable dispute whether or not there was a breach of duty.
[06:43.920 --> 06:49.240] But you can say, this is a photo of how it was on June 5, and this is a photo of how
[06:49.240 --> 06:52.920] it was on June 6.
[06:52.920 --> 07:07.440] Or you can say some fact that's not up for dispute such as this property is located within
[07:07.440 --> 07:11.400] the territory of such and such a city.
[07:11.400 --> 07:17.320] You can put these kinds of facts out there and you can swear to them in an affidavit,
[07:17.320 --> 07:21.540] and then you can reference them in a judicial notice.
[07:21.540 --> 07:29.520] Judicial notice is mandatory for the judge to take judicial notice of something if it
[07:29.520 --> 07:32.520] is certain kinds of facts.
[07:32.520 --> 07:41.960] Take a look at your Georgia Code, Section 242-201, and provide the court with those
[07:41.960 --> 07:42.960] facts.
[07:42.960 --> 07:43.960] I did.
[07:43.960 --> 07:52.200] All my petitions and all my motions are swore to under penalty of perjury, and I have asked
[07:52.200 --> 07:58.800] the court several times to take judicial notice of all my relevance, my photos and videos,
[07:58.800 --> 08:01.280] and they will not look at it.
[08:01.280 --> 08:03.400] Don't worry about it.
[08:03.400 --> 08:04.400] I guess it.
[08:04.400 --> 08:05.400] Yeah, don't worry about it.
[08:05.400 --> 08:06.400] Don't worry about it.
[08:06.400 --> 08:09.320] You're just setting a record.
[08:09.320 --> 08:14.080] When you get to the appellate court, they will look at it.
[08:14.080 --> 08:15.080] Yeah.
[08:15.080 --> 08:18.080] Don't be frustrated and give up and feel betrayed and all of that.
[08:18.080 --> 08:21.920] Just take it in stride.
[08:21.920 --> 08:28.080] They as a whole, this big ethereal they, they often do things wrong.
[08:28.080 --> 08:29.080] Don't worry about it.
[08:29.080 --> 08:31.080] Make a note of it.
[08:31.080 --> 08:34.080] Move on.
[08:34.080 --> 08:40.360] You're just setting the record for the appellate court.
[08:40.360 --> 08:47.680] Yes, I found that appellate court case where it talks about someone appealed an issue to
[08:47.680 --> 08:49.680] the appellate courts.
[08:49.680 --> 08:55.320] And the appellate court remanded the summer judgment back because of insufficiency of
[08:55.320 --> 08:56.320] evidence.
[08:56.320 --> 09:03.440] And nothing's been authenticated on the record, and I've tried to show this to them and they,
[09:03.440 --> 09:06.480] I don't know if it's coming down to an offer and accepted thing.
[09:06.480 --> 09:13.920] Well, what you know, you're making a tactical error.
[09:13.920 --> 09:15.240] You're in the trial court.
[09:15.240 --> 09:18.200] You feel like the trial courts mistreating you.
[09:18.200 --> 09:21.080] Don't worry about it.
[09:21.080 --> 09:24.640] Your purpose in the trial court is not to get a ruling in your favor.
[09:24.640 --> 09:29.640] I mean, that would be nice if you did, but that's not your purpose.
[09:29.640 --> 09:35.440] Your purpose is to set the record for the appellate court.
[09:35.440 --> 09:40.440] As long as you get your facts on the record, don't worry about the trial court.
[09:40.440 --> 09:43.480] The appellate court's where the action is.
[09:43.480 --> 09:48.600] And if you talk to Dr. Graves, he'll tell you that everything you do in the trial court
[09:48.600 --> 09:52.080] is just to set the record for the appellate court.
[09:52.080 --> 09:57.280] You do anything else, you're wasting your time.
[09:57.280 --> 10:07.800] And have you looked at the pattern jury charge for the claim that you're making?
[10:07.800 --> 10:11.280] A pattern jury charge?
[10:11.280 --> 10:13.480] Yes.
[10:13.480 --> 10:19.560] Before you step in the front door, you need to know what's going to happen when you come
[10:19.560 --> 10:22.040] out the back door.
[10:22.040 --> 10:27.840] And the last thing that's going to happen in the trial court is the judge is going to
[10:27.840 --> 10:35.760] say to the jury, this is what you must find.
[10:35.760 --> 10:40.360] And then he'll list what the jury must find.
[10:40.360 --> 10:45.480] Let's say you're making a claim for fraud by non-disclosure.
[10:45.480 --> 10:54.840] You must find that the defendant made a voluntary statement of fact, that the defendant failed
[10:54.840 --> 11:02.880] to give full disclosure of relevant facts, that the plaintiff did not have equal access
[11:02.880 --> 11:08.080] to the information, that the defendant knew the plaintiff did not have equal access to
[11:08.080 --> 11:17.000] the information, that the plaintiff made a determination based on the false facts, on
[11:17.000 --> 11:26.520] the facts delivered without full disclosure, that the plaintiff was harmed thereby.
[11:26.520 --> 11:31.680] You must plead and prove each one of those.
[11:31.680 --> 11:38.480] If you miss one of those, the court cannot rule in your favor.
[11:38.480 --> 11:43.880] These pattern jury charges are delivered to the jury after they've heard all the evidence,
[11:43.880 --> 11:48.480] after everybody's been arguing, and it's time for the jury to go back in their back room
[11:48.480 --> 11:52.560] and deliberate and come up with their final decision.
[11:52.560 --> 11:55.000] This is what the judge tells them at that point.
[11:55.000 --> 11:56.040] He gives them this list.
[11:56.040 --> 11:57.520] You need to find this, this, this, this.
[11:57.520 --> 12:00.520] They have a little bullet point thing.
[12:00.520 --> 12:01.600] That's what Randy's talking about.
[12:01.600 --> 12:08.080] You need to know that and craft your presentation toward that.
[12:08.080 --> 12:15.040] If you have argued anything that is not in the pattern jury charge, you've wasted your
[12:15.040 --> 12:22.400] time in the court's time because the court can't hear it and the jury can't hear it.
[12:22.400 --> 12:24.580] So get pattern jury charge.
[12:24.580 --> 12:29.920] That will be your guide.
[12:29.920 --> 12:33.820] I can't get to a jury, so to get to the jury charge.
[12:33.820 --> 12:35.400] It doesn't matter.
[12:35.400 --> 12:37.160] Jury doesn't matter.
[12:37.160 --> 12:41.880] This is what must be proven.
[12:41.880 --> 12:44.200] This is what you can take to you.
[12:44.200 --> 12:47.160] I think he's not understanding.
[12:47.160 --> 12:48.400] This is different.
[12:48.400 --> 12:50.840] This is not something that you're talking to the jury.
[12:50.840 --> 12:56.840] What Randy's talking about is you go to a book, they're on the internet.
[12:56.840 --> 13:01.840] Pattern jury charges, you look it up for the cause of action that you're dealing with,
[13:01.840 --> 13:06.440] and you can look at the list of things that would be read to a jury.
[13:06.440 --> 13:09.040] Does that make sense?
[13:09.040 --> 13:11.040] Yeah, yes.
[13:11.040 --> 13:12.040] Yeah.
[13:12.040 --> 13:16.680] And it doesn't matter if you have a jury or not.
[13:16.680 --> 13:21.760] The judge already knows what these are, so he doesn't have to tell them to himself.
[13:21.760 --> 13:25.720] But when he's got a jury, he's got to tell them all the stuff you got to tell the judge.
[13:25.720 --> 13:29.160] If you tell the judge anything else, he can't hear you.
[13:29.160 --> 13:33.200] Oh, he can hear you, but it doesn't make any difference.
[13:33.200 --> 13:36.040] He's going to sit there and he's going to look interested.
[13:36.040 --> 13:40.100] He's going to nod his head, but he's not going to be paying any attention to it because he's
[13:40.100 --> 13:43.880] not allowed to.
[13:43.880 --> 13:48.360] You must put before the judge every element of your case.
[13:48.360 --> 13:57.480] If you miss one of them, the judge has no power to rule in your favor.
[13:57.480 --> 14:03.080] If you prove every element before the court, then he must rule in your favor.
[14:03.080 --> 14:06.880] And that's what you take to the Court of Appeals.
[14:06.880 --> 14:14.800] So go back, find the pattern jury charge for your particular issue, read it two or three
[14:14.800 --> 14:20.960] times and then come back and look at what you've presented to the court.
[14:20.960 --> 14:23.440] And then to then determine where you're at.
[14:23.440 --> 14:24.440] Yeah.
[14:24.440 --> 14:31.320] Pattern jury charge, and you say interlocutory appeal is to-
[14:31.320 --> 14:33.960] Interlocutory appeal.
[14:33.960 --> 14:44.240] What that is, is if there has been a ruling that will interfere with your ability to adjudicate
[14:44.240 --> 14:51.440] the rest of your case, then you can stop right there, go out to the appellate court and ask
[14:51.440 --> 14:57.280] the appellate court to review that ruling and that ruling only.
[14:57.280 --> 15:02.920] And if they rule in your favor, they will remand this back to the judge and say, this
[15:02.920 --> 15:08.440] is how you must rule and this is how you must move forward from this point.
[15:08.440 --> 15:09.440] Does that make sense?
[15:09.440 --> 15:12.680] Yeah, that makes perfect sense.
[15:12.680 --> 15:19.720] But what if you've got to put $10,000 in the court registry to get to the-
[15:19.720 --> 15:23.400] Then you file a petition for inability to pay.
[15:23.400 --> 15:24.400] Okay.
[15:24.400 --> 15:30.480] Well, I think they ignore a lot of those too.
[15:30.480 --> 15:37.280] No, you make the statement, you say, you have to swear to it, make the statement of inability
[15:37.280 --> 15:43.000] to pay court, not to pay, it's a forward, statement of inability to afford court costs
[15:43.000 --> 15:45.120] and fees.
[15:45.120 --> 15:53.160] So there are certain data points that they are going to try to collect and you put in
[15:53.160 --> 15:58.880] there and be honest and say, what's your situation?
[15:58.880 --> 16:01.840] And you don't have to, it's like Randy was saying a little while ago, you don't have
[16:01.840 --> 16:05.080] to be completely broke, don't have two nickels rubbed together.
[16:05.080 --> 16:11.960] This is just, it would be an undue hardship to afford these things.
[16:11.960 --> 16:15.960] It's not saying that you can't sell your only truck.
[16:15.960 --> 16:19.320] I've only got the pickup truck and that's how I get back and forth to work.
[16:19.320 --> 16:21.920] I could sell it and I could get the $500.
[16:21.920 --> 16:24.280] That's not what it's saying.
[16:24.280 --> 16:30.360] It's saying it would be an undue hardship on you to have to come up with it considering
[16:30.360 --> 16:31.360] basic expenses.
[16:31.360 --> 16:38.880] It's not an affidavit of indigency, it's not an affidavit of indigency.
[16:38.880 --> 16:45.240] Essentially, yes, you need a motion to go with the affidavit of indigency.
[16:45.240 --> 16:50.120] Okay, all right.
[16:50.120 --> 16:56.440] Okay, we're about to go to our sponsors, Randy Kelton, Brett Fountain, Ruva Radio, we'll
[16:56.440 --> 17:00.200] be right back.
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[20:24.440 --> 20:32.640] Okay, we are back, Randy Kelton with Fountain Rule of Law Radio, and we're talking to Scott
[20:32.640 --> 20:33.640] and Georgia Scott.
[20:33.640 --> 20:34.640] Yes.
[20:34.640 --> 20:38.440] Did we give you some more, enough work to do?
[20:38.440 --> 20:40.480] Oh, yes.
[20:40.480 --> 20:41.480] Yes.
[20:41.480 --> 20:49.000] Yeah, I think you will feel a lot better once you've looked at the pattern of jury charges.
[20:49.000 --> 20:57.640] There's another way to do this, you can look at causes of action, your claims and causes
[20:57.640 --> 21:00.040] of action.
[21:00.040 --> 21:04.320] Do you have a specific named cause of action?
[21:04.320 --> 21:07.320] I've got several.
[21:07.320 --> 21:08.320] Look them up.
[21:08.320 --> 21:17.160] Each one will have a set of elements, but the best thing to have is pattern jury charge.
[21:17.160 --> 21:25.280] Pattern jury charges are argued by lawyers constantly in court, and when everybody comes
[21:25.280 --> 21:30.840] up with a set that everybody can agree with, then it becomes the pattern jury charge.
[21:30.840 --> 21:33.360] So that is the best thing to have.
[21:33.360 --> 21:39.160] Then you can go into court and you can be comfortable that you're addressing everything
[21:39.160 --> 21:42.080] you need to address.
[21:42.080 --> 21:47.600] Okay, so keep us up to date on how this goes.
[21:47.600 --> 21:51.040] All right, will do.
[21:51.040 --> 21:53.440] Okay, thank you, Scott.
[21:53.440 --> 21:57.520] Okay, now we're going to go to Ken in Wisconsin.
[21:57.520 --> 22:02.800] Brett, is Roger the one that dropped off?
[22:02.800 --> 22:05.080] I don't know who dropped off.
[22:05.080 --> 22:12.040] I wasn't paying attention to the name that was after Scott, but I see we got Roger the
[22:12.040 --> 22:16.720] one that just joined in, but I don't know if he was there earlier.
[22:16.720 --> 22:22.960] Roger, were you there earlier and dropped off and called back?
[22:22.960 --> 22:26.160] Hello, this is Roger.
[22:26.160 --> 22:27.640] Can you hear me?
[22:27.640 --> 22:32.440] Yeah, did you call earlier and drop off and then call back?
[22:32.440 --> 22:37.760] Well, I attempted to call before, but it wouldn't...
[22:37.760 --> 22:38.760] Oh, okay.
[22:38.760 --> 22:41.200] Then you called while it was full.
[22:41.200 --> 22:46.000] We had someone who had been holding for quite a while and then dropped off, and I hated
[22:46.000 --> 22:50.800] to skip over him, but since it wasn't you, you can wait.
[22:50.800 --> 22:54.840] Okay, sorry about that, but this is-
[22:54.840 --> 22:56.320] I'm just being annoying.
[22:56.320 --> 22:59.040] Okay, we'll get to you shortly.
[22:59.040 --> 23:00.440] Don't go away.
[23:00.440 --> 23:03.360] Okay, now we're going to Ken in Wisconsin.
[23:03.360 --> 23:06.360] Hello, Ken.
[23:06.360 --> 23:26.640] Well, I don't hear him snoring, and our next in line is Tina, and oh my goodness, oh, she's
[23:26.640 --> 23:27.640] not snoring again.
[23:27.640 --> 23:28.640] Hello, Tina.
[23:28.640 --> 23:29.640] Are you there?
[23:29.640 --> 23:30.640] Yeah.
[23:30.640 --> 23:35.640] You are being very childish again tonight, Randy.
[23:35.640 --> 23:40.320] I don't know what's got into you this week.
[23:40.320 --> 23:41.320] Okay.
[23:41.320 --> 23:44.280] What do you have for us today?
[23:44.280 --> 23:46.720] I'm putting people to sleep.
[23:46.720 --> 23:56.520] Well, I was looking into these attorney fees that the attorneys just arbitrarily added
[23:56.520 --> 24:05.320] to my loan balance without telling me why, and they just said, oh, they can do it because
[24:05.320 --> 24:07.360] it's collecting on a debt.
[24:07.360 --> 24:17.520] Well, some interesting stuff I found today that might be helpful to anybody specifically
[24:17.520 --> 24:28.840] in California, because it's called the American Rule, and it specifically states that the
[24:28.840 --> 24:36.080] American Rule, it says California generally follows what is commonly referred to as the
[24:36.080 --> 24:43.000] American Rule, which provides that each party to a lawsuit must ordinarily pay his own attorney
[24:43.000 --> 24:44.240] fees.
[24:44.240 --> 24:52.560] It's codified in Code of Civil Procedure 1021, which states in relevant part, except as attorney
[24:52.560 --> 24:56.800] fees are specifically provided for by statute.
[24:56.800 --> 25:03.600] The measure and mode of compensation of attorneys and counselors at law is left to the agreement
[25:03.600 --> 25:08.160] expressed or implied of the parties.
[25:08.160 --> 25:16.240] California law requires express authorization by statute or contract for an attorney fees
[25:16.240 --> 25:23.040] award to the prevailing party, and view of the well-established American Rule generally
[25:23.040 --> 25:28.280] denying the allowance of attorney fees in the absence of contract or statute.
[25:28.280 --> 25:37.120] Courts have often stated that statutory attorney fees may be awarded only when expressly, explicitly,
[25:37.120 --> 25:43.120] or specifically authorized by statute, and then statutes allowing an award of fees will
[25:43.120 --> 25:45.120] be strictly construed.
[25:45.120 --> 25:55.960] Yes, and you will find in most every contract, there will be an attorney fee clause.
[25:55.960 --> 26:04.080] Well, in my note, it says on number eight, borrowers failure to pay.
[26:04.080 --> 26:12.080] It says in enforcing the note, the legal fees they charged were not for enforcing the note,
[26:12.080 --> 26:18.840] they were for defending the lawsuit and a small claim suit, and it doesn't say reasonable
[26:18.840 --> 26:19.840] attorney fees.
[26:19.840 --> 26:25.160] There is nothing reasonable, and it says reasonable attorney fees, there's nothing-
[26:25.160 --> 26:26.160] Hold on, hold on.
[26:26.160 --> 26:27.160] ... attorney fees.
[26:27.160 --> 26:32.200] Was this, are you speaking to your mortgage issue?
[26:32.200 --> 26:37.280] I'm speaking to the mortgage issue, but this is part in part.
[26:37.280 --> 26:40.160] Okay, let's take a step back.
[26:40.160 --> 26:44.440] Do you have your HUD-1 settlement statement?
[26:44.440 --> 26:47.880] Yes, I do.
[26:47.880 --> 26:57.000] Look at that statement on page two at item 703.
[26:57.000 --> 27:03.720] From 703, it goes to 801, and then go down that statement and see if you can tell me
[27:03.720 --> 27:08.920] precisely what each of those fees are for.
[27:08.920 --> 27:16.160] The HUD-1 was before the mortgage was done, this was where they added attorney fees for
[27:16.160 --> 27:22.800] a litigation that I had against them years later, and they just added, they didn't-
[27:22.800 --> 27:30.860] Wait, wait, no, no, no, the HUD-1 is the document that they gave you at closing, that listed
[27:30.860 --> 27:33.200] all of the closing costs.
[27:33.200 --> 27:37.560] But this wasn't relevant to the closing.
[27:37.560 --> 27:42.960] I just have someone help, we'll see, you're talking about fees.
[27:42.960 --> 27:46.680] No, I'm not talking about fees.
[27:46.680 --> 27:49.440] You're talking about attorney fees.
[27:49.440 --> 28:01.640] Well, I'm talking about specific attorney fees that the attorneys for the bank added
[28:01.640 --> 28:09.360] to my loan balance after I had filed a lawsuit against the bank.
[28:09.360 --> 28:19.160] They didn't ask for the attorney fees from the court, they just added them to the loan
[28:19.160 --> 28:20.160] balance.
[28:20.160 --> 28:25.920] Haven't you addressed that before?
[28:25.920 --> 28:32.600] Well, I have attempted to, but I never knew until I got my loan, because they would always
[28:32.600 --> 28:36.680] refuse to tell me what they did for those legal fees.
[28:36.680 --> 28:42.040] They would not tell me, they kept saying that they didn't have to tell me exactly what
[28:42.040 --> 28:43.040] they did.
[28:43.040 --> 28:47.000] I just had to pay them because they were collecting on a debt.
[28:47.000 --> 28:51.880] Now bear in mind, they said they weren't, and this wasn't collecting on a debt, they
[28:51.880 --> 28:54.280] were defending a lawsuit.
[28:54.280 --> 28:57.200] Wait a minute, are you on a hands-free?
[28:57.200 --> 29:02.880] Hold on one second, let me try to get...
[29:02.880 --> 29:07.160] Either that or your head's in a toilet.
[29:07.160 --> 29:11.280] Well, I can show you it isn't that.
[29:11.280 --> 29:14.360] Okay, that's better.
[29:14.360 --> 29:18.280] So they added these fees to my loan balance.
[29:18.280 --> 29:24.680] They did not ask the court for permission to get attorney fees from that case.
[29:24.680 --> 29:31.880] The problem is, it may be too late to adjudicate that particular issue.
[29:31.880 --> 29:44.840] Hang on, see there, I was trying to protect you from diving off the cliff, because that's
[29:44.840 --> 29:51.640] the kind of guy I am, and my wife keeps saying, yeah, I know what kind of guy you are.
[29:51.640 --> 30:01.280] Hang on, Randy Kelton, Red Fountain, Rue La Radio, we'll be right back.
[30:01.280 --> 30:05.680] Everyone knows that walking is a great exercise, but you might not know that the way you walk
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[30:07.800 --> 30:13.040] I'm Dr. Catherine Albrecht, and I'll be back to tell you more about walking prognostication
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[33:32.880 --> 34:00.040] Okay, we are back.
[34:00.040 --> 34:07.600] And we're talking to Tina in California, and Tina, that is a good point, and everybody
[34:07.600 --> 34:10.080] should look at it.
[34:10.080 --> 34:18.320] If you're in a case, you need to know what every fine or fee is, where it come from and
[34:18.320 --> 34:26.040] how it got onto the bill, because these guys just put anything you want to in there.
[34:26.040 --> 34:32.400] So they did, and they just said, you have to pay whatever we say you owe.
[34:32.400 --> 34:40.240] And they refused discovery, but I got my loan file, and that is where I found out that over
[34:40.240 --> 34:50.960] $15,000 of legal fees was added for my small claims case against Mnuchin during that time.
[34:50.960 --> 35:01.920] Now, you can't get more than $150 in small claims fees, you know, and they're a cat.
[35:01.920 --> 35:09.320] The max you can get with special permission is $1,000, but it's clearly state, so Melvany
[35:09.320 --> 35:15.040] and Myers were advising them, that's a huge law firm out of New York, were advising them
[35:15.040 --> 35:21.440] on this, and they charged like, you know, $9,000 or $10,000 or $11,000.
[35:21.440 --> 35:27.960] And then the law firm I'm going against right now for the fraud and deliberate acts where
[35:27.960 --> 35:34.880] you saw the letter they wrote, they admitted that they had every intention to deceive me.
[35:34.880 --> 35:42.120] They added another, I don't know, $8,000 or $9,000 for these small claims case against
[35:42.120 --> 35:43.120] Mnuchin.
[35:43.120 --> 35:50.080] It says on the litigation invoice, charged to loan.
[35:50.080 --> 35:51.080] You can't do that.
[35:51.080 --> 35:52.080] I've just discovered this.
[35:52.080 --> 35:56.480] This is what I've been asking, where these fees came from.
[35:56.480 --> 35:58.040] Okay, hold on.
[35:58.040 --> 36:00.160] That raises an issue.
[36:00.160 --> 36:03.760] You just discovered it.
[36:03.760 --> 36:07.200] Could you have discovered it sooner?
[36:07.200 --> 36:14.840] How could I have discovered that they charged these small claims case to the loan balance
[36:14.840 --> 36:16.960] when I didn't have any discovery?
[36:16.960 --> 36:19.200] They refused to tell me.
[36:19.200 --> 36:20.200] Okay.
[36:20.200 --> 36:26.640] No, hold on, hold on, I'm trying to get to something very specific.
[36:26.640 --> 36:31.000] When did your claim become ripe?
[36:31.000 --> 36:39.480] Your claim becomes ripe either when you discover the fraud or when you could have or should
[36:39.480 --> 36:42.800] have discovered the fraud.
[36:42.800 --> 36:48.560] So how are you able to discover the fraud now?
[36:48.560 --> 36:56.720] Because I was asked to be a witness and do a deposition, which was four hours long, in
[36:56.720 --> 37:05.360] the case of the whistleblower suing Warm West Bank for defrauding the government.
[37:05.360 --> 37:07.400] That was a case in Texas.
[37:07.400 --> 37:16.360] Now because I did that, I asked the attorney if she could get my loan file for me and she
[37:16.360 --> 37:18.840] asked, said, well, let me try.
[37:18.840 --> 37:25.440] I will request it because you are one of the witnesses in this case and she requested it
[37:25.440 --> 37:27.640] so she could look through it.
[37:27.640 --> 37:32.040] And she asked me if I'd seen a couple of these letters and I said, no, I've never seen those.
[37:32.040 --> 37:33.800] She said, I thought not.
[37:33.800 --> 37:36.960] And then I said, can I get a copy of that?
[37:36.960 --> 37:40.600] And she said she would ask the bank if there was any-
[37:40.600 --> 37:42.400] Okay, okay, hold on, hold on.
[37:42.400 --> 37:45.160] How long ago was this?
[37:45.160 --> 37:47.520] Last year.
[37:47.520 --> 37:48.520] Last year.
[37:48.520 --> 37:51.200] Then the claim is ripe.
[37:51.200 --> 37:52.200] Yeah.
[37:52.200 --> 37:58.640] You sue them for fraud.
[37:58.640 --> 38:02.360] Because this was not something you could discover sooner.
[38:02.360 --> 38:03.360] No.
[38:03.360 --> 38:04.360] No.
[38:04.360 --> 38:11.880] Because you were denied the discovery.
[38:11.880 --> 38:19.800] Your claim, the clock on your claim starts when you discover the fraud or when you could
[38:19.800 --> 38:22.400] have discovered the fraud.
[38:22.400 --> 38:29.000] Since you weren't provided access to discover it, then it didn't start then.
[38:29.000 --> 38:30.000] Yeah.
[38:30.000 --> 38:31.000] Yeah.
[38:31.000 --> 38:35.120] I mean, there's no way I could have discovered this without this loan file.
[38:35.120 --> 38:43.080] I could never have discovered that they charged these fees to my loan without the court's
[38:43.080 --> 38:44.080] permission.
[38:44.080 --> 38:47.680] They never asked the court.
[38:47.680 --> 38:53.440] And they totally charged some of it for-
[38:53.440 --> 38:56.440] It's time to go after them again.
[38:56.440 --> 39:03.320] Yeah, and get the old, it's all bought by residue to garner.
[39:03.320 --> 39:08.720] Well, how can we get this out of the state and into the Fed?
[39:08.720 --> 39:18.840] Well, I'm planning on filing criminal charges against them because they cannot do this,
[39:18.840 --> 39:19.840] the type of thing.
[39:19.840 --> 39:26.000] And it says here in California Civil Code Section 1717, it allows for the collection
[39:26.000 --> 39:31.320] of attorneys fees if there is a clause in a contract specifying such a provision.
[39:31.320 --> 39:36.760] The provision, however, cannot be one-sided, meaning both the plaintiff and defendant should
[39:36.760 --> 39:39.960] be able to recover attorney's fees if they win.
[39:39.960 --> 39:46.040] And then I found the cap on attorney's fees in small claims.
[39:46.040 --> 39:54.760] It says in the Section 116790, the amount can be up to 1,000 if the superior court finds
[39:54.760 --> 39:59.760] the, that's if you appeal it, was without substantial merit.
[39:59.760 --> 40:03.440] Other than that, it's limited to $150.
[40:03.440 --> 40:07.480] And they charged over $15,000 between two law firms.
[40:07.480 --> 40:16.440] And it's clearly safe for minutiae small claims charged to loan.
[40:16.440 --> 40:18.160] That sounds like a really good suit.
[40:18.160 --> 40:20.360] You sue the law firms themselves.
[40:20.360 --> 40:21.360] Mm-hmm.
[40:21.360 --> 40:27.760] Well, I'm actually in with the law firm.
[40:27.760 --> 40:32.440] You sue the law firm for the full amount of the property that you lost.
[40:32.440 --> 40:33.440] Mm-hmm.
[40:33.440 --> 40:34.440] Interplicate.
[40:34.440 --> 40:48.040] The fraud they committed against you was a proximate cause of your default.
[40:48.040 --> 40:56.480] And the inability to pay this suddenly inflated amount which they called, you know, what did
[40:56.480 --> 41:04.800] they call it, you know, advance, corporate advances, they called it, on all my notices.
[41:04.800 --> 41:10.440] It was a total of like $26,000 or something like that, $27,000, and it changed, you know,
[41:10.440 --> 41:11.440] month by month.
[41:11.440 --> 41:13.720] But that's what they called it.
[41:13.720 --> 41:19.840] And when I asked for invoices and specified, they said, we don't have to give you them.
[41:19.840 --> 41:28.800] You can sue them for the full, three times the amount of the property value that this
[41:28.800 --> 41:35.920] cost you, and you might consider suing them as a private attorney general suit and sue
[41:35.920 --> 41:36.920] them in the Fed.
[41:36.920 --> 41:37.920] Hmm.
[41:37.920 --> 41:44.120] Private attorney general suit, I like that.
[41:44.120 --> 41:56.280] This was a federal bank or a bank that's not out of California, so that gets you in defense.
[41:56.280 --> 42:02.240] It is out of, well, technically, I don't know whether they class it as California or Texas,
[42:02.240 --> 42:05.520] because they've got offices in both states.
[42:05.520 --> 42:09.120] If they have, wherever their main office is.
[42:09.120 --> 42:11.880] California, I think.
[42:11.880 --> 42:14.320] That's where they class it.
[42:14.320 --> 42:21.320] Well, if part of, okay, international shoe.
[42:21.320 --> 42:27.880] If this small claims case, did it take place in California or Texas?
[42:27.880 --> 42:30.560] It took place in California.
[42:30.560 --> 42:31.880] Hmm.
[42:31.880 --> 42:40.440] Well, does the claim include actions that occurred in Texas?
[42:40.440 --> 42:47.440] I don't recall, because that was back in 2013, and I've got to find what I put in there.
[42:47.440 --> 42:52.520] So I can't recall that at all.
[42:52.520 --> 42:56.440] Was the bank a national association?
[42:56.440 --> 43:05.360] It was a national association at one time, and then it changed to, again, with an F.
[43:05.360 --> 43:07.760] I can't remember the exact thing.
[43:07.760 --> 43:10.680] But it was at one point a national association.
[43:10.680 --> 43:11.680] Okay.
[43:11.680 --> 43:19.760] We need to do this off the air to see if we can get jurisdiction into the Fed.
[43:19.760 --> 43:30.240] Do you have evidence to indicate that this was done to more than one person?
[43:30.240 --> 43:38.640] I could ask the attorneys for Susan to see if they know that.
[43:38.640 --> 43:45.600] When you think about this over the break, there's a way to get this into the Fed.
[43:45.600 --> 43:46.600] Hang on.
[43:46.600 --> 44:01.040] I'm going to turn this off, and we'll get rid of the radio, our calling number, 512-646-1984.
[44:01.040 --> 44:02.040] We'll be right back.
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[46:25.520 --> 46:53.500] Thank you.
[46:55.520 --> 47:07.920] Okay, we are back, Randy Kelton and Brett Fountain, Blue of Law Radio, and Brett and
[47:07.920 --> 47:16.040] I kicked this around over the break and we couldn't find a way to get it into the Fed.
[47:16.040 --> 47:21.440] Sucks having to sue back in the state because the state's trying to stop you from suing,
[47:21.440 --> 47:26.540] but this is sounds like a good clean suit.
[47:26.540 --> 47:35.600] You would think it would be, and there's a lot of, you know, what I'm finding is, you
[47:35.600 --> 47:42.840] know, fees have to be equitable, there's a lot of things I've found that you really can't
[47:42.840 --> 47:47.960] just arbitrarily add, you know, fees that are not reasonable.
[47:47.960 --> 47:55.720] Wait a minute, wait a minute, hold on, you're arguing an issue that's not an issue.
[47:55.720 --> 48:00.000] It's pattern jury charge.
[48:00.000 --> 48:06.720] They were forbidden to charge these fees over a certain amount.
[48:06.720 --> 48:11.920] The only issue is they charge these fees over this certain amount.
[48:11.920 --> 48:18.640] If you argue that the fees were not equitable, you tacitly agree that they can charge these
[48:18.640 --> 48:19.640] fees.
[48:19.640 --> 48:20.640] Okay.
[48:20.640 --> 48:24.200] It's a pattern jury charge.
[48:24.200 --> 48:28.200] Only argue what you have to argue.
[48:28.200 --> 48:34.720] And in this case, it's going to be, they were forbidden by this statute to charge fees above
[48:34.720 --> 48:35.720] this amount.
[48:35.720 --> 48:42.240] They charged fees above this amount, that's all.
[48:42.240 --> 48:44.600] Okay.
[48:44.600 --> 48:53.240] So when it says what is an unconscionable fee, rule 1.5A prohibits the lawyer from charging
[48:53.240 --> 48:57.440] an unconscionable or illegal fee.
[48:57.440 --> 49:04.080] That would only be, unconscionable would only be a fee within the range they're allowed
[49:04.080 --> 49:06.080] to charge.
[49:06.080 --> 49:13.680] Well it says here on the rule 1.5A, it is described unconscionability has been described
[49:13.680 --> 49:20.880] as a fee that is so exorbitant and wholly disproportionate to the services performed
[49:20.880 --> 49:23.080] as to shock the conscience.
[49:23.080 --> 49:24.080] Conscious.
[49:24.080 --> 49:30.200] You're still going to the fact that they charged all of this amount of money.
[49:30.200 --> 49:33.360] That's tacit agreement that they can.
[49:33.360 --> 49:35.040] Don't go there.
[49:35.040 --> 49:36.040] Okay.
[49:36.040 --> 49:39.880] They can only charge this amount of money.
[49:39.880 --> 49:48.880] Even if their fees were absolutely 100% justified, too bad, makes no difference.
[49:48.880 --> 49:50.080] Yeah.
[49:50.080 --> 49:55.760] You can't charge this amount and don't go beyond what you have to prove.
[49:55.760 --> 49:58.360] You open doors you might not want to open.
[49:58.360 --> 50:02.040] Yeah, and the way that Randy said it was nice and clean.
[50:02.040 --> 50:07.760] They're not allowed, this, such and such says they're not allowed to charge more than X.
[50:07.760 --> 50:09.440] They did charge more than X.
[50:09.440 --> 50:10.440] Yeah.
[50:10.440 --> 50:19.360] And the charge, the charge more than X was the proximate cause of your loss of your property.
[50:19.360 --> 50:26.080] So you sue them for three times the value of the property.
[50:26.080 --> 50:30.580] That's what I mean right now, but they're not even allowed to charge legal fees without
[50:30.580 --> 50:32.200] an order from the court.
[50:32.200 --> 50:37.680] It says here, recovery of legal costs is always at the discretion of the court.
[50:37.680 --> 50:42.520] There isn't an absolute right to recover your legal costs even if you win.
[50:42.520 --> 50:47.160] The court needs to exercise its discretion before making a decision.
[50:47.160 --> 50:51.120] That doesn't mean it's completely arbitrary, but that means they have to go to the court
[50:51.120 --> 50:54.160] to ask for attorney fees.
[50:54.160 --> 50:58.880] So you get to claim that all the fees were fraudulent.
[50:58.880 --> 51:00.880] Yes.
[51:00.880 --> 51:04.520] Good, this sounds like a great case.
[51:04.520 --> 51:06.280] This is actually one you might win.
[51:06.280 --> 51:12.160] Well, what you do is you sue the crap out of them and then make a deal, then find out
[51:12.160 --> 51:20.080] what their insurance coverage is, and it's almost certainly a million per.
[51:20.080 --> 51:22.880] How many lawyers do you have involved?
[51:22.880 --> 51:31.120] Well, the whole firm is 220 lawyers, and there's two specifically that have been on this case
[51:31.120 --> 51:34.120] with me, against me.
[51:34.120 --> 51:39.920] Okay, here you would only be able to make a claim against the lawyers who were actually
[51:39.920 --> 51:40.920] involved.
[51:40.920 --> 51:45.000] The fact that they were part of the firm won't get you a claim against them.
[51:45.000 --> 51:51.240] Now, you should bar-grieve everybody, but you can't sue everybody, so you got two.
[51:51.240 --> 52:00.840] So first you do some discovery to find out how much of an insurance rider they have.
[52:00.840 --> 52:11.160] Then you do a storage request, a request under the storage doctrine, for an amount just under
[52:11.160 --> 52:14.160] the amount of their insurance.
[52:14.160 --> 52:16.080] How do you get their insurance amount?
[52:16.080 --> 52:19.040] How do you get that information?
[52:19.040 --> 52:20.040] Discovery.
[52:20.040 --> 52:21.320] They won't let me-
[52:21.320 --> 52:22.320] They will have to-
[52:22.320 --> 52:23.320] Discovery.
[52:23.320 --> 52:24.320] I mean-
[52:24.320 --> 52:26.560] Yeah, they'll have to produce that in discovery.
[52:26.560 --> 52:27.640] That's not even a question.
[52:27.640 --> 52:32.320] They're required to do that, I think, just by standard rules.
[52:32.320 --> 52:33.320] Even in California?
[52:33.320 --> 52:46.960] Well, you got a point there, but the insurance company will step in and defend them, and
[52:46.960 --> 52:49.920] they will tell you how much their limits are.
[52:49.920 --> 52:50.920] They'll have to.
[52:50.920 --> 52:58.200] And then you make a request just under their limits, and that puts the insurance company
[52:58.200 --> 52:59.840] on the dot.
[52:59.840 --> 53:07.160] Well, you make an offer to settle, so you sue for three times the amount of the property,
[53:07.160 --> 53:08.160] if that's enough.
[53:08.160 --> 53:09.720] How much was the property worth?
[53:09.720 --> 53:14.720] Well, when it went 900,000.
[53:14.720 --> 53:15.720] That's enough.
[53:15.720 --> 53:20.160] You can sue for 2.7 million.
[53:20.160 --> 53:24.800] No, what's the property worth now?
[53:24.800 --> 53:26.840] 1.5 million.
[53:26.840 --> 53:33.760] Then you sue for 4.5 million.
[53:33.760 --> 53:38.480] And then you offer to settle for, if they got a million-dollar rider, you offer to settle
[53:38.480 --> 53:41.360] for 1.9 million.
[53:41.360 --> 53:47.960] And if they don't settle and you win your case, their insurance company has to pay the
[53:47.960 --> 53:52.280] whole thing.
[53:52.280 --> 53:57.120] And the lawyers are going to be telling the insurance company to pay her, get rid of this
[53:57.120 --> 54:03.960] case, get it off my desk, pay them.
[54:03.960 --> 54:06.560] How would 2 million do you?
[54:06.560 --> 54:09.160] Well, that would be quite helpful.
[54:09.160 --> 54:12.920] Although it's more than that, because they've lost over the years, not being able to get
[54:12.920 --> 54:14.880] the rental income from it.
[54:14.880 --> 54:20.000] So you may have a good shot at them.
[54:20.000 --> 54:22.240] It's not over yet.
[54:22.240 --> 54:24.080] It's not over.
[54:24.080 --> 54:27.360] It's not over till the British lady sings.
[54:27.360 --> 54:29.400] That's right.
[54:29.400 --> 54:31.640] And she's not about to give up yet.
[54:31.640 --> 54:36.800] She's had her moments, but now I've found this discovery stuff where, oh, and I also
[54:36.800 --> 54:43.400] found in that loan file where it specifically states they knew those grant deeds, which
[54:43.400 --> 54:48.000] they submitted into court to get the interim, were false.
[54:48.000 --> 54:50.360] They knew they were false.
[54:50.360 --> 54:56.320] And two months later, no, three months later, they submitted them into court anyway, and
[54:56.320 --> 55:01.560] passed them off as being recorded, and they knew they were not recorded three months before
[55:01.560 --> 55:02.560] that.
[55:02.560 --> 55:10.040] That's a violation of the California Penal Code.
[55:10.040 --> 55:11.640] File criminally then?
[55:11.640 --> 55:15.640] Well, that's what I'm in the process of working on right now.
[55:15.640 --> 55:16.640] Oh, good.
[55:16.640 --> 55:17.640] Yeah.
[55:17.640 --> 55:25.520] They tell you a lot of things when you can get them.
[55:25.520 --> 55:26.520] You're not done yet.
[55:26.520 --> 55:29.480] You're likely to win this thing yet.
[55:29.480 --> 55:32.240] Well, I'm going to try.
[55:32.240 --> 55:37.280] And I'm going to give them a good fight, and they're spending a lot of money fighting me.
[55:37.280 --> 55:42.800] They've already been out like almost $200,000, which they tried to get, but they didn't.
[55:42.800 --> 55:46.000] When they asked the courts, the courts didn't award them it.
[55:46.000 --> 55:48.000] This is good.
[55:48.000 --> 55:50.920] It's not over till it's over.
[55:50.920 --> 55:51.920] Nope.
[55:51.920 --> 55:58.640] Anyway, I'll post this stuff about the California and the American rule in the telegram site,
[55:58.640 --> 56:04.600] because it might be helpful for other people too, especially in California.
[56:04.600 --> 56:05.600] Good.
[56:05.600 --> 56:06.600] Good.
[56:06.600 --> 56:07.600] Good.
[56:07.600 --> 56:08.600] Wonderful.
[56:08.600 --> 56:09.600] Okay.
[56:09.600 --> 56:10.600] Okay.
[56:10.600 --> 56:11.600] Do you have anything else for us?
[56:11.600 --> 56:12.600] No.
[56:12.600 --> 56:13.600] Not today.
[56:13.600 --> 56:14.600] Okay.
[56:14.600 --> 56:15.600] We only have one more caller on the board.
[56:15.600 --> 56:23.400] So if anybody's out there has a question or comment, give us a call, 512-646-1984.
[56:23.400 --> 56:29.480] And Tina, keep us up to date and call me off the air.
[56:29.480 --> 56:30.960] I'd like to talk about this.
[56:30.960 --> 56:31.960] Okay.
[56:31.960 --> 56:32.960] Sounds good.
[56:32.960 --> 56:33.960] We'll do.
[56:33.960 --> 56:34.960] We'll call you Sunday.
[56:34.960 --> 56:35.960] Okay.
[56:35.960 --> 56:36.960] Okay.
[56:36.960 --> 56:37.960] Okay.
[56:37.960 --> 56:38.960] Bye-bye.
[56:38.960 --> 56:39.960] Bye-bye.
[56:39.960 --> 56:40.960] Okay.
[56:40.960 --> 56:41.960] Now we're going to Roger in Wisconsin.
[56:41.960 --> 56:42.960] Hello, Roger.
[56:42.960 --> 56:43.960] What do you have for us today?
[56:43.960 --> 56:44.960] Yes.
[56:44.960 --> 56:48.640] Hi, Randy and Brad.
[56:48.640 --> 56:59.600] Thank you guys for the education because your show goes beyond a regular courtroom action.
[56:59.600 --> 57:04.240] And I took on a telecommunications giant.
[57:04.240 --> 57:10.320] And if you recall, I called in at the last part of the show asking about the recorded
[57:10.320 --> 57:19.840] conversation two-way and, Brad, thank you for your quick research on the subject and
[57:19.840 --> 57:28.760] finding that 11 states do not allow it, if you recall that.
[57:28.760 --> 57:32.160] Yeah, I vaguely do.
[57:32.160 --> 57:35.880] Looking at two-party versus one-party states, yeah.
[57:35.880 --> 57:37.880] Yes, exactly.
[57:37.880 --> 57:46.080] And what it was was I was a new customer and responding to a promotional deal.
[57:46.080 --> 57:54.680] And it was like I got bounced around by customer service and then put on hold and then, oh,
[57:54.680 --> 57:55.680] wait a minute.
[57:55.680 --> 57:56.680] Wait a minute.
[57:56.680 --> 57:57.680] I need to put you on hold.
[57:57.680 --> 57:58.680] That's my luck, yeah.
[57:58.680 --> 57:59.680] Okay.
[57:59.680 --> 58:00.680] Funny.
[58:00.680 --> 58:09.080] Don't check your watch.
[58:09.080 --> 58:11.680] This could be a while.
[58:11.680 --> 58:16.480] That was a little bit soon, but I couldn't resist it doing it.
[58:16.480 --> 58:19.400] I see John from New York's on.
[58:19.400 --> 58:22.560] I see you there, John, and we won't forget about you.
[58:22.560 --> 58:25.960] This is Randy Kelton, Brett Fountain, Hulu Law Radio.
[58:25.960 --> 58:30.720] Our call-in number, 512-646-1984.
[58:30.720 --> 58:33.560] We got two callers and a full hour.
[58:33.560 --> 58:36.560] So if you have a question or comment, give us a call.
[58:36.560 --> 58:37.560] Hang on.
[58:37.560 --> 58:41.240] We'll be right back in about 10 seconds.
[58:41.240 --> 58:43.240] Brett, save me here.
[58:43.240 --> 58:50.400] Well, that was really good with Tina.
[58:50.400 --> 58:54.520] Would you like to make more definite progress in your walk with God?
[58:54.520 --> 58:59.680] Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.040] can really help.
[59:01.040 --> 59:05.480] The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.480 --> 59:06.480] today.
[59:06.480 --> 59:10.400] It's an accurate translation, and it contains thousands of footnotes that will help you
[59:10.400 --> 59:13.480] to know God and to know the meaning of life.
[59:13.480 --> 59:18.740] The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.740 --> 59:23.000] Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.000 --> 59:27.960] of salvation, growing in Christ, and how to build up the Church.
[59:27.960 --> 59:32.960] To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:32.960 --> 59:45.720] Life, call Bibles for America toll-free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 59:48.320] us online at bfa.org.
[59:48.320 --> 01:00:02.320] You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:02.320 --> 01:00:05.960] The Bill of Rights contains the first 10 amendments of our Constitution.
[01:00:05.960 --> 01:00:09.440] They guarantee the specific freedoms Americans should know and protect.
[01:00:09.440 --> 01:00:10.920] Our liberty depends on it.
[01:00:10.920 --> 01:00:14.800] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:00:14.800 --> 01:00:17.680] one of your constitutional rights.
[01:00:17.680 --> 01:00:19.280] Privacy is under attack.
[01:00:19.280 --> 01:00:22.880] When you give up data about yourself, you'll never get it back again.
[01:00:22.880 --> 01:00:27.640] And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[01:00:27.640 --> 01:00:32.840] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.840 --> 01:00:35.400] Privacy, it's worth hanging onto.
[01:00:35.400 --> 01:00:39.700] This public service announcement is brought to you by StartPage.com, the private search
[01:00:39.700 --> 01:00:43.240] engine alternative to Google, Yahoo, and Bing.
[01:00:43.240 --> 01:00:45.520] Start over with StartPage.
[01:00:45.520 --> 01:00:49.040] Imagine your mom and dad are getting ready for bed.
[01:00:49.040 --> 01:00:52.120] They pull back the covers and find a third party there.
[01:00:52.120 --> 01:00:55.320] He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.320 --> 01:00:59.460] That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.460 --> 01:01:01.060] was designed to prevent.
[01:01:01.060 --> 01:01:05.280] It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.280 --> 01:01:07.400] the days of our founding fathers.
[01:01:07.400 --> 01:01:09.680] Third party, Third Amendment, get it?
[01:01:09.680 --> 01:01:13.560] So if you answer a knock at your door and guys in fatigues demand lodging, tell them
[01:01:13.560 --> 01:01:17.200] to dust off their copy of the Bill of Rights and reread the Third Amendment.
[01:01:17.200 --> 01:01:18.880] I'm Dr. Catherine Albrecht.
[01:01:18.880 --> 01:01:32.160] More news and information at CatherineAlbrecht.com.
[01:01:32.160 --> 01:01:35.840] The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.840 --> 01:01:39.280] They guarantee the specific freedoms Americans should know and protect.
[01:01:39.280 --> 01:01:40.760] Our liberty depends on it.
[01:01:40.760 --> 01:01:44.660] I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.660 --> 01:01:47.640] one of your constitutional rights.
[01:01:47.640 --> 01:01:49.240] Privacy is under attack.
[01:01:49.240 --> 01:01:52.840] When you give up data about yourself, you'll never get it back again.
[01:01:52.840 --> 01:01:57.600] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.600 --> 01:02:02.680] So protect your rights, say no to surveillance, and keep your information to yourself.
[01:02:02.680 --> 01:02:05.360] Privacy, it's worth hanging on to.
[01:02:05.360 --> 01:02:09.640] This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.640 --> 01:02:13.160] engine alternative to Google, Yahoo, and Bing.
[01:02:13.160 --> 01:02:16.880] Start over with StartPage.
[01:02:16.880 --> 01:02:22.240] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles.
[01:02:22.240 --> 01:02:26.720] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.720 --> 01:02:28.200] search and seizure.
[01:02:28.200 --> 01:02:30.560] Fourth Amendment, four eyes staring at you?
[01:02:30.560 --> 01:02:31.560] Get it?
[01:02:31.560 --> 01:02:34.680] Unfortunately, the government is trampling our Fourth Amendment rights in the name of
[01:02:34.680 --> 01:02:35.680] security.
[01:02:35.680 --> 01:02:40.240] It's the case in point, TSA airport scanners that peer under your clothing.
[01:02:40.240 --> 01:02:44.280] When government employees demand a peep at your privates without probable cause, I say
[01:02:44.280 --> 01:02:47.080] it's time to sound the constitutional alarm bells.
[01:02:47.080 --> 01:02:51.360] Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.360 --> 01:02:53.640] eyes to take a gander at the Fourth.
[01:02:53.640 --> 01:02:55.440] I'm Dr. Catherine Albrecht.
[01:02:55.440 --> 01:03:05.960] More news and information at CatherineAlbrecht.com.
[01:03:05.960 --> 01:03:28.480] Thanks for watching.
[01:03:28.480 --> 01:03:33.480] I will occupy my father's house
[01:03:33.480 --> 01:03:37.480] He has left me with the strength and wisdom
[01:03:37.480 --> 01:03:44.480] I will occupy my father's house
[01:03:44.480 --> 01:03:48.480] I will occupy my father's house
[01:03:48.480 --> 01:03:51.480] Till I see his face
[01:03:51.480 --> 01:03:55.480] I will occupy my father's house
[01:03:55.480 --> 01:03:59.480] I will guard these walls and fences
[01:03:59.480 --> 01:04:02.480] I will occupy my father's house
[01:04:02.480 --> 01:04:06.480] Till I see his face
[01:04:06.480 --> 01:04:09.480] I will occupy my father's house
[01:04:09.480 --> 01:04:12.480] Till I see his face
[01:04:12.480 --> 01:04:29.480] Okay, we are back on this third hour of our four hour info marathon on this 21st day of April 2023.
[01:04:29.480 --> 01:04:43.480] And we're talking to Roger in Wisconsin. Okay, Roger, where were we? You were taking on this internet company?
[01:04:43.480 --> 01:04:49.480] Well, yeah, they also have internet. It's a telecommunications giant with the mobile phone.
[01:04:49.480 --> 01:04:56.480] And I was a new customer responding to a promotion that didn't pan out too well at all.
[01:04:56.480 --> 01:05:05.480] And I was in dispute and going through the customer service hoops, jumping through hoops.
[01:05:05.480 --> 01:05:08.480] And they would put you on hold and transfer you.
[01:05:08.480 --> 01:05:21.480] But persistence pays and also listening to rule of law paid pertaining to that issue with the two-way recording,
[01:05:21.480 --> 01:05:26.480] whether it be legal in certain states and not in others.
[01:05:26.480 --> 01:05:34.480] And you guys confirmed it. And I brought that to their attention.
[01:05:34.480 --> 01:05:38.480] And they were digging in their heels.
[01:05:38.480 --> 01:05:45.480] I got bounced around from different states and departments and customer retention specialists.
[01:05:45.480 --> 01:05:58.480] And then finally, one guy that was higher up there had power to override, which nobody they state does.
[01:05:58.480 --> 01:06:10.480] But I explained, I said, well, he asked, could you prove that this former upon your signing up for this plan or whatever,
[01:06:10.480 --> 01:06:17.480] that you canceled or whatever? And I said, well, yeah, I would have to have had the recording,
[01:06:17.480 --> 01:06:23.480] which could be illegal in some of the states that I was transferred to.
[01:06:23.480 --> 01:06:31.480] So with that, he goes, OK, I'll call you back or whatever, so like the next day or whatever.
[01:06:31.480 --> 01:06:46.480] And they gave me a very favorable and they kept me as a customer and gave me a very favorable plan and waved a whole bunch of fees and whatever.
[01:06:46.480 --> 01:06:53.480] And I'd like to thank you guys for that education.
[01:06:53.480 --> 01:07:03.480] Not only in a courtroom, it's also used far and beyond. And that is that is good to hear.
[01:07:03.480 --> 01:07:09.480] This is this is why we do the show is to empower the public.
[01:07:09.480 --> 01:07:22.480] Exactly. And I also wish to extend again the invitation to Joe Baker's remedy report for you and Brett and Deborah again.
[01:07:22.480 --> 01:07:28.480] And I'll send you an email or details if you wish or accept.
[01:07:28.480 --> 01:07:39.480] Joe Baker's remedy report. Yeah, he was fantastic.
[01:07:39.480 --> 01:07:44.480] Do you recognize that, Brett? That doesn't sound familiar yet.
[01:07:44.480 --> 01:07:50.480] Is this something that we've discussed before and I've just forgotten?
[01:07:50.480 --> 01:08:00.480] Well, I think I extended an invitation the last time, but Eddie Craig was on and fantastic, amazing show we had with him.
[01:08:00.480 --> 01:08:06.480] And I'd like to have him on again as well, if you could relay that.
[01:08:06.480 --> 01:08:20.480] And all you guys either either singularly or all together, you know, would even like to get Edward G.
[01:08:20.480 --> 01:08:27.480] Edward Griffin on again again. Edward Griffin.
[01:08:27.480 --> 01:08:37.480] I haven't seen him in years. Yeah, he's fantastic creature. Yeah, we we did a seminar together in Austin.
[01:08:37.480 --> 01:08:54.480] Oh, probably 10 years ago. Yes, I think I think he might have been in New Mexico as well when we did a seminar out there with Dr. Graves.
[01:08:54.480 --> 01:08:57.480] Yeah, Al Capoco.
[01:08:57.480 --> 01:09:01.480] Joe interviewed him in Al Capoco.
[01:09:01.480 --> 01:09:08.480] Summoner, a financial seminar, Bitcoin or something.
[01:09:08.480 --> 01:09:11.480] OK, Joe Baker.
[01:09:11.480 --> 01:09:16.480] Remedy report. Yeah, Joe Baker report.
[01:09:16.480 --> 01:09:21.480] If he's interested, ask him to send me an email.
[01:09:21.480 --> 01:09:24.480] Yes, I will. I certainly will.
[01:09:24.480 --> 01:09:31.480] And and Brett also and Deborah, we sent one to Deborah already.
[01:09:31.480 --> 01:09:35.480] I think I thought we sent one to you, but that's OK.
[01:09:35.480 --> 01:09:40.480] We'll we'll get you you guys individually.
[01:09:40.480 --> 01:09:44.480] I've got the name. I'll check my email, see if it's in there.
[01:09:44.480 --> 01:09:55.480] OK, oh, great, great. And also, you know, it occurred to me that based on what you spoke about tonight.
[01:09:55.480 --> 01:10:04.480] With attorneys and then I remembered years ago at 321 LaSalle, you should be familiar with that, right?
[01:10:04.480 --> 01:10:09.480] Well, I'm familiar with downtown LaSalle Street.
[01:10:09.480 --> 01:10:15.480] I don't remember what I don't remember what's at 321.
[01:10:15.480 --> 01:10:20.480] Traffic court. Oh, OK.
[01:10:20.480 --> 01:10:26.480] Been there. It's been it's been 40 years since I was in Chicago.
[01:10:26.480 --> 01:10:32.480] Were you born and raised in Texas and then went to Chicago and then back to Texas because you got.
[01:10:32.480 --> 01:10:36.480] No, I was born in Tennessee.
[01:10:36.480 --> 01:10:41.480] Oh, OK, that's where your accent is from then.
[01:10:41.480 --> 01:10:47.480] We say that again. Your accent, you have like a.
[01:10:47.480 --> 01:10:54.480] I don't I couldn't tell what it was a cowboy. Well, I'm not a multilingual.
[01:10:54.480 --> 01:11:09.480] I speak Hillebilly, Yankee and Texan, Redneck. And a basic refusal in Chicago, just those and done.
[01:11:09.480 --> 01:11:16.480] That's funny. And the first story I was wondering, was it a rainbow trout at all?
[01:11:16.480 --> 01:11:23.480] Because we were on a bus one time. Oh, it might have been.
[01:11:23.480 --> 01:11:28.480] Yeah, that one. That was bad.
[01:11:28.480 --> 01:11:35.480] I was standing by the curb and some guys got his head out the window of the bus staring at me.
[01:11:35.480 --> 01:11:42.480] And I stared back at him. He got up to me and he stuck out this huge fish, hit me upside the head with it,
[01:11:42.480 --> 01:11:48.480] knocked me clean off my feet. And man, it was nasty smell.
[01:11:48.480 --> 01:11:56.480] Could you tell if it was a rainbow trout? Because it might have been two friends of mine that were out.
[01:11:56.480 --> 01:12:01.480] They were laughing about something. And then I'm like, well, what are you laughing about?
[01:12:01.480 --> 01:12:05.480] You know, I distinctively remember that.
[01:12:05.480 --> 01:12:12.480] So when you told that story, I'm like, was it done, you know, the northwest side there?
[01:12:12.480 --> 01:12:21.480] It was on the northwest side. It might have been them guys. I'm sorry.
[01:12:21.480 --> 01:12:29.480] You know, I can't see who else would. If those are the two guys, tell them I'm looking for them.
[01:12:29.480 --> 01:12:35.480] Oh, yeah. Well, I don't even know. I know one of them isn't around anymore,
[01:12:35.480 --> 01:12:42.480] but the other guy, maybe I could possibly get a hold of them out.
[01:12:42.480 --> 01:12:49.480] I got a kick out of that story, though. That was funny. Thank you.
[01:12:49.480 --> 01:12:55.480] It was funny years later. It wasn't so funny at the time.
[01:12:55.480 --> 01:13:02.480] I wound up sitting on my butt on the sidewalk that's smelling like a dead fish.
[01:13:02.480 --> 01:13:09.480] It was a CTA bus, right? Yes, it was a CTA electric bus.
[01:13:09.480 --> 01:13:15.480] They had electric buses in those days. Yeah, yeah.
[01:13:15.480 --> 01:13:23.480] That wasn't us then. That was, gosh, that was what, in the 60s?
[01:13:23.480 --> 01:13:27.480] You guys were too young. Yeah, it was back in the 60s. Yeah.
[01:13:27.480 --> 01:13:37.480] This would have been about 66, 67. Yeah, no, this was a diesel job.
[01:13:37.480 --> 01:13:47.480] But the attorney that I had, he was a high pollutant attorney that used to be a chief of the state's attorney's office.
[01:13:47.480 --> 01:13:51.480] And I was his mechanic on the Porsches and Mercedes and stuff.
[01:13:51.480 --> 01:14:05.480] He was a race car driver as well. But I remember he went to 321 for me for like, I got five tickets by a captain's son.
[01:14:05.480 --> 01:14:15.480] And he walked up to the judge, and I remember distinctively USC, although I had no idea what he was talking about.
[01:14:15.480 --> 01:14:18.480] He rattled off something, and I just remembered USC.
[01:14:18.480 --> 01:14:33.480] And then when I heard you guys mention that on the show, 20 years later, even longer maybe, it dawned on me what actually was going on.
[01:14:33.480 --> 01:14:38.480] And he actually got a standing ovation at 321 Lucille.
[01:14:38.480 --> 01:14:45.480] And everyone was asking me for his card, and he gave me a bunch of cards to hand out to people.
[01:14:45.480 --> 01:15:03.480] And that's kind of like a secret weapon with these attorneys that are in the know about that stuff pertaining to whereas it's not a commercial vehicle, it's a passenger car.
[01:15:03.480 --> 01:15:13.480] And the officer apparently had no right to pull a person in a passenger car over to begin with.
[01:15:13.480 --> 01:15:21.480] Yeah, we kind of argue that. Eddie does it more than we do. He takes on traffic almost exclusively.
[01:15:21.480 --> 01:15:27.480] Right, right. Yeah, he's amazing. He really is.
[01:15:27.480 --> 01:15:31.480] Okay, we do need to move on. We've got a couple more callers.
[01:15:31.480 --> 01:15:36.480] Well, thanks for taking my call, and I'll send you the emails then.
[01:15:36.480 --> 01:15:42.480] Okay, thank you, Roger. Okay, now we're going to John in Texas.
[01:15:42.480 --> 01:15:47.480] No, John in New York. Hello, John.
[01:15:47.480 --> 01:15:50.480] This is Yankee John.
[01:15:50.480 --> 01:15:55.480] Southern drawl, because I'm in Texas.
[01:15:55.480 --> 01:15:58.480] Don't do that, John.
[01:15:58.480 --> 01:16:02.480] That's a bad southern drawl. I need to practice.
[01:16:02.480 --> 01:16:04.480] You need more practice.
[01:16:04.480 --> 01:16:07.480] I need to practice on my southern drawl.
[01:16:07.480 --> 01:16:16.480] Well, remember at one point I had asked you about the grass police.
[01:16:16.480 --> 01:16:21.480] Oh, Jerry in Pennsylvania.
[01:16:21.480 --> 01:16:23.480] Huh?
[01:16:23.480 --> 01:16:34.480] Jerry in Pennsylvania, he got the grass police charged with criminal trespass for coming on his property to photograph the weeds.
[01:16:34.480 --> 01:16:41.480] In the Fed, he got them zapped.
[01:16:41.480 --> 01:16:48.480] Okay, I'm afraid your time is up, John. We gave you your shot.
[01:16:48.480 --> 01:16:59.480] Hang on, Randy Kelton, Brett Fountain, We Love Radio, we'll be right back.
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[01:18:00.480 --> 01:18:01.480] I love logos.
[01:18:01.480 --> 01:18:04.480] Without the shows on this network, I'd be almost as ignorant as my friends.
[01:18:04.480 --> 01:18:07.480] I'm so addicted to the truth now that there's no going back.
[01:18:07.480 --> 01:18:08.480] I need my truth fixed.
[01:18:08.480 --> 01:18:13.480] I'd be lost without logos, and I really want to help keep this network on the air.
[01:18:13.480 --> 01:18:16.480] I'd love to volunteer as a show producer, but I'm a bit of a Luddite,
[01:18:16.480 --> 01:18:20.480] and I really don't have any money to give because I spend it all on supplements.
[01:18:20.480 --> 01:18:22.480] How can I help logos?
[01:18:22.480 --> 01:18:24.480] Well, I'm glad you asked.
[01:18:24.480 --> 01:18:27.480] Whenever you order anything from Amazon, you can help logos.
[01:18:27.480 --> 01:18:29.480] You can order your supplies or holiday gifts.
[01:18:29.480 --> 01:18:31.480] First thing you do is clear your cookies.
[01:18:31.480 --> 01:18:34.480] Now, go to logosradionetwork.com.
[01:18:34.480 --> 01:18:37.480] Click on the Amazon logo and bookmark it.
[01:18:37.480 --> 01:18:43.480] Now, when you order anything from Amazon, you use that link and logos gets a few pesos.
[01:18:43.480 --> 01:18:44.480] Do I pay extra?
[01:18:44.480 --> 01:18:45.480] No.
[01:18:45.480 --> 01:18:47.480] Do I do anything different when I order?
[01:18:47.480 --> 01:18:48.480] No.
[01:18:48.480 --> 01:18:49.480] Can I use my Amazon Prime?
[01:18:49.480 --> 01:18:50.480] No.
[01:18:50.480 --> 01:18:51.480] I mean, yes.
[01:18:51.480 --> 01:18:52.480] Wow.
[01:18:52.480 --> 01:18:54.480] Giving without doing anything or spending any money.
[01:18:54.480 --> 01:18:55.480] This is perfect.
[01:18:55.480 --> 01:18:56.480] Thank you so much.
[01:18:56.480 --> 01:18:58.480] We are welcome.
[01:18:58.480 --> 01:19:00.480] Happy holidays, logos.
[01:19:00.480 --> 01:19:15.480] This is the Logos Logos Radio Network.
[01:19:30.480 --> 01:19:39.480] Okay, we are back.
[01:19:39.480 --> 01:19:41.480] Randy Kelton, Brett Fountain.
[01:19:41.480 --> 01:19:44.480] We love our radio and Hannah, we see you there.
[01:19:44.480 --> 01:19:47.480] We got John on and John never takes very long.
[01:19:47.480 --> 01:19:48.480] So hang on.
[01:19:48.480 --> 01:19:50.480] We'll get to you.
[01:19:50.480 --> 01:19:52.480] Okay, John.
[01:19:52.480 --> 01:19:53.480] All right.
[01:19:53.480 --> 01:19:55.480] Got your marching orders.
[01:19:55.480 --> 01:19:58.480] Okay, gotcha.
[01:19:58.480 --> 01:20:05.480] I asked you about the grass police and then you had mentioned about whether the state
[01:20:05.480 --> 01:20:08.480] has these laws in place.
[01:20:08.480 --> 01:20:14.480] So I called the grass police, which is like asking the fox to guard the hen house, but
[01:20:14.480 --> 01:20:16.480] you know how that is.
[01:20:16.480 --> 01:20:20.480] But I thought it would be interesting to ask them if there were state laws or if they were
[01:20:20.480 --> 01:20:27.480] local laws that they went by to observe the code, whether, you know, how long your grass
[01:20:27.480 --> 01:20:32.480] is and your bushes and how your yard has to be and so on.
[01:20:32.480 --> 01:20:39.480] And they said that New York State has the code in their state laws.
[01:20:39.480 --> 01:20:45.480] And right away I said, well, if that's true, then they've got jurisdiction or, you know,
[01:20:45.480 --> 01:20:49.480] they've got the authority to tell you how long you can mow your grass.
[01:20:49.480 --> 01:20:54.480] They said that the state laws are a little more lax and the local laws were a little
[01:20:54.480 --> 01:20:57.480] bit more stringent.
[01:20:57.480 --> 01:21:02.480] Like in the, in the state law, I think they quoted like 10 inches or 12 inches, your grass
[01:21:02.480 --> 01:21:04.480] has to be below that.
[01:21:04.480 --> 01:21:08.480] And in the local, it's got to be six inches or less.
[01:21:08.480 --> 01:21:11.480] So anyway, so that's what they told me.
[01:21:11.480 --> 01:21:18.480] And so according to that, but I don't take their word for it because they, you know,
[01:21:18.480 --> 01:21:19.480] authorities lie all the time.
[01:21:19.480 --> 01:21:24.480] Cops lie about laws, judges make up things from the bench.
[01:21:24.480 --> 01:21:25.480] Okay, hold on.
[01:21:25.480 --> 01:21:26.480] Hold on.
[01:21:26.480 --> 01:21:29.480] What is your, your question about?
[01:21:29.480 --> 01:21:36.480] Is it about how tall the grass is or is it about whether these are actually laws or not?
[01:21:36.480 --> 01:21:37.480] That's right.
[01:21:37.480 --> 01:21:38.480] Now, where would I look?
[01:21:38.480 --> 01:21:44.480] I've tried to look up in New York State if there are any of these laws and it's one big
[01:21:44.480 --> 01:21:45.480] jumble.
[01:21:45.480 --> 01:21:48.480] Okay, here's the deal.
[01:21:48.480 --> 01:21:52.480] I can almost assure you they're not laws.
[01:21:52.480 --> 01:21:54.480] They're ordinances.
[01:21:54.480 --> 01:21:55.480] Okay.
[01:21:55.480 --> 01:21:59.480] Yeah, but they said it was done in the state.
[01:21:59.480 --> 01:22:04.480] They said the state legislature.
[01:22:04.480 --> 01:22:10.480] Because they said it doesn't make it so if that's the case, it's the only state I've
[01:22:10.480 --> 01:22:17.480] ever heard of where the legislature gets into passing laws about how tall your grass could
[01:22:17.480 --> 01:22:18.480] be.
[01:22:18.480 --> 01:22:19.480] Ah, okay.
[01:22:19.480 --> 01:22:26.480] See, I didn't, I heard what he said and I took him at his word temporarily.
[01:22:26.480 --> 01:22:34.480] He probably did not understand the difference between a law and a ordinance.
[01:22:34.480 --> 01:22:35.480] That's right.
[01:22:35.480 --> 01:22:38.480] So he just lumped them all in with law.
[01:22:38.480 --> 01:22:39.480] Yeah.
[01:22:39.480 --> 01:22:42.480] So you need to check and see these codes.
[01:22:42.480 --> 01:22:49.480] There are a set of universal codes and most jurisdictions adopt them.
[01:22:49.480 --> 01:22:56.880] There's universal building code, universal electric code, plumbing code, and most all
[01:22:56.880 --> 01:22:59.480] jurisdictions adopt them, but they're not laws.
[01:22:59.480 --> 01:23:00.480] Right.
[01:23:00.480 --> 01:23:06.480] This is not something the legislature gets into.
[01:23:06.480 --> 01:23:12.480] These are ordinances and they don't call them ordinances by mistake.
[01:23:12.480 --> 01:23:17.720] They can't call them laws because if they were called laws, they would have to be passed
[01:23:17.720 --> 01:23:20.480] by the legislature and for the most part they're not.
[01:23:20.480 --> 01:23:30.400] Now, it could be that the legislature adopted the universal codes, but I have never heard
[01:23:30.400 --> 01:23:31.400] of that occurring.
[01:23:31.400 --> 01:23:38.520] If that's the case, then when they say it's a law, it's not.
[01:23:38.520 --> 01:23:43.960] And they have no right, they have, what do they call it, no authority or no jurisdiction
[01:23:43.960 --> 01:23:46.640] or...
[01:23:46.640 --> 01:23:55.200] If they are ordinances and they were passed by local jurisdictions, our argument is only
[01:23:55.200 --> 01:24:00.960] the legislature has the authority to write law that affect the people.
[01:24:00.960 --> 01:24:01.960] That's right.
[01:24:01.960 --> 01:24:02.960] That's correct.
[01:24:02.960 --> 01:24:13.400] Now, local jurisdictions, they can pass ordinances, but those ordinances can only apply to someone
[01:24:13.400 --> 01:24:21.120] who is in contractual privity with the jurisdiction wherein they have agreed to the statutory
[01:24:21.120 --> 01:24:30.440] scheme or someone who is employed by the jurisdiction or they've also agreed to the statutory scheme.
[01:24:30.440 --> 01:24:38.640] If they apply the ordinances to the general public, then it has the effect of law and
[01:24:38.640 --> 01:24:42.480] only the legislature can pass law.
[01:24:42.480 --> 01:24:52.640] We filed that with the court of appeals here in Texas and they didn't rule on it.
[01:24:52.640 --> 01:25:00.680] We filed a petition for writ of mandamus and they found another reason to grant us our
[01:25:00.680 --> 01:25:01.680] mandamus.
[01:25:01.680 --> 01:25:07.920] It actually was a motion to challenge the subject matter jurisdiction in the form of
[01:25:07.920 --> 01:25:10.400] a mandamus.
[01:25:10.400 --> 01:25:16.720] And they found a different reason to dismiss the case rather than the issue that we brought
[01:25:16.720 --> 01:25:23.320] up because they didn't want to risk the other side challenging their opinion and getting
[01:25:23.320 --> 01:25:29.600] this to the Supreme because if the Supreme ruled against them, all the ordinances in
[01:25:29.600 --> 01:25:31.720] the state go in the trash can.
[01:25:31.720 --> 01:25:32.720] Right.
[01:25:32.720 --> 01:25:35.720] They didn't want to establish a precedent for that.
[01:25:35.720 --> 01:25:37.760] Is that an accurate way to say it?
[01:25:37.760 --> 01:25:38.760] Exactly.
[01:25:38.760 --> 01:25:45.440] Well, they didn't want to risk the Supreme Court saying that these ordinances cannot
[01:25:45.440 --> 01:25:48.200] apply to the general public.
[01:25:48.200 --> 01:25:49.200] Right.
[01:25:49.200 --> 01:25:51.200] Absent agreement.
[01:25:51.200 --> 01:25:52.200] Right.
[01:25:52.200 --> 01:25:53.200] Okay.
[01:25:53.200 --> 01:25:54.200] So...
[01:25:54.200 --> 01:26:03.000] They'll check to see if they're called ordinances or laws and if they call them laws, who passed
[01:26:03.000 --> 01:26:05.520] those laws?
[01:26:05.520 --> 01:26:11.360] If that's the case, then they don't have the authority to do what they're doing.
[01:26:11.360 --> 01:26:12.360] That's right.
[01:26:12.360 --> 01:26:20.920] That doesn't mean that if they do that, public officials exert authority they don't have
[01:26:20.920 --> 01:26:21.920] all the time.
[01:26:21.920 --> 01:26:22.920] That's nothing new.
[01:26:22.920 --> 01:26:23.920] Oh, that's old hat.
[01:26:23.920 --> 01:26:24.920] Yeah.
[01:26:24.920 --> 01:26:25.920] That happens all the time.
[01:26:25.920 --> 01:26:26.920] Sure.
[01:26:26.920 --> 01:26:27.920] All right.
[01:26:27.920 --> 01:26:40.560] So, it is likely then that New York State does not have laws about how the grass is
[01:26:40.560 --> 01:26:43.760] supposed to grow and how long it's supposed to be.
[01:26:43.760 --> 01:26:49.120] Now, where would I find those if they do exist?
[01:26:49.120 --> 01:26:50.120] How do I find them?
[01:26:50.120 --> 01:26:51.120] Because I...
[01:26:51.120 --> 01:26:57.400] Go to the county and ask the county if they have a set of ordinances.
[01:26:57.400 --> 01:26:58.400] Uh-huh.
[01:26:58.400 --> 01:27:04.400] Because these are called ordinances, not laws.
[01:27:04.400 --> 01:27:10.800] So, and then go to local municipality and ask if they have a set of ordinances.
[01:27:10.800 --> 01:27:11.800] Right.
[01:27:11.800 --> 01:27:16.760] Wouldn't they be called code?
[01:27:16.760 --> 01:27:20.040] I think they refer to them as code.
[01:27:20.040 --> 01:27:29.520] Well, whatever they refer to them as, ask them, was this passed by the council or the
[01:27:29.520 --> 01:27:32.880] commissioner's court or was it passed by the legislature?
[01:27:32.880 --> 01:27:33.880] Right.
[01:27:33.880 --> 01:27:34.880] Who passed it?
[01:27:34.880 --> 01:27:35.880] Okay.
[01:27:35.880 --> 01:27:36.880] All right.
[01:27:36.880 --> 01:27:37.880] And where do I go?
[01:27:37.880 --> 01:27:38.880] I go to the county?
[01:27:38.880 --> 01:27:39.880] The county clerk?
[01:27:39.880 --> 01:27:40.880] Yeah.
[01:27:40.880 --> 01:27:41.880] Is that it?
[01:27:41.880 --> 01:27:42.880] Yeah.
[01:27:42.880 --> 01:27:43.880] Yeah.
[01:27:43.880 --> 01:27:44.880] Go to the county clerk.
[01:27:44.880 --> 01:27:45.880] She can send you to the right place.
[01:27:45.880 --> 01:27:51.880] And then go to a city and ask the city if their city council passes their own ordinances.
[01:27:51.880 --> 01:27:52.880] Right.
[01:27:52.880 --> 01:27:53.880] All right.
[01:27:53.880 --> 01:27:54.880] Got it.
[01:27:54.880 --> 01:27:55.880] Okay.
[01:27:55.880 --> 01:27:56.880] City council.
[01:27:56.880 --> 01:27:57.880] Okay.
[01:27:57.880 --> 01:27:58.880] Go.
[01:27:58.880 --> 01:28:03.880] Anything else?
[01:28:03.880 --> 01:28:06.880] We've got a minute and a half.
[01:28:06.880 --> 01:28:07.880] Okay.
[01:28:07.880 --> 01:28:10.880] Minute and a half.
[01:28:10.880 --> 01:28:18.200] Well, they just, I'll just reiterate what I said last night a little bit and I'll try
[01:28:18.200 --> 01:28:22.240] to find everything in writing to send you an email.
[01:28:22.240 --> 01:28:31.640] What it boils down to is in 2009, there was supposedly a swine flu epidemic, but there
[01:28:31.640 --> 01:28:33.240] really wasn't.
[01:28:33.240 --> 01:28:36.520] The CDC quit counting cases.
[01:28:36.520 --> 01:28:44.200] Cheryl Atkinson, our investigative reporter for CBS News, came upon that information and
[01:28:44.200 --> 01:28:46.240] wondered what the heck is going on?
[01:28:46.240 --> 01:28:50.520] That's the CDC's primary role, to count diseases.
[01:28:50.520 --> 01:28:53.000] And they stopped counting swine flu cases.
[01:28:53.000 --> 01:28:59.040] Then she did a little digging and found out that there were no swine flu cases.
[01:28:59.040 --> 01:29:04.600] And then later on, Med Something or other, Medline or something, Med Something, published
[01:29:04.600 --> 01:29:10.280] a story that 22 million cases of swine flu were in the US alone.
[01:29:10.280 --> 01:29:17.320] And the CDC was getting ready to flex their muscles and do a vaccine for the swine flu.
[01:29:17.320 --> 01:29:22.880] Well, Cheryl, in the meantime, doesn't work for CBS anymore, I guess she lost her job.
[01:29:22.880 --> 01:29:28.480] CBS News okayed the first story and they put it on the internet.
[01:29:28.480 --> 01:29:34.600] And then when it really counts on the TV nightly news, they said, no, we're not doing that.
[01:29:34.600 --> 01:29:38.720] And she ended up looking for another network, so I think she lost her job over it.
[01:29:38.720 --> 01:29:44.040] In other words, it was a fraudulent pandemic and they got caught with their pants down
[01:29:44.040 --> 01:29:46.040] in the CDC deal.
[01:29:46.040 --> 01:29:47.440] Okay.
[01:29:47.440 --> 01:29:48.440] Thank you, John.
[01:29:48.440 --> 01:29:49.440] Time's up.
[01:29:49.440 --> 01:30:01.480] Randy Kelton, Brett Fountain, Ruth Law Radio, we'll be right back.
[01:30:01.480 --> 01:30:04.840] A top cybersecurity expert has a warning for America.
[01:30:04.840 --> 01:30:10.520] If you build an electrical smart grid, the hackers will come and they could cause a catastrophic
[01:30:10.520 --> 01:30:11.520] blackout.
[01:30:11.520 --> 01:30:15.960] I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[01:30:15.960 --> 01:30:18.080] Privacy is under attack.
[01:30:18.080 --> 01:30:21.680] When you give up data about yourself, you'll never get it back again.
[01:30:21.680 --> 01:30:26.680] And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.680 --> 01:30:31.960] So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:31.960 --> 01:30:34.440] Privacy, it's worth hanging on to.
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[01:30:45.880 --> 01:30:49.840] Hackers love power, so it's only natural they'd want to control the power going into
[01:30:49.840 --> 01:30:52.400] your home too with a smart grid.
[01:30:52.400 --> 01:30:56.600] So they're installing a national network of smart meters to remotely monitor electric
[01:30:56.600 --> 01:30:59.360] use for efficiency and avoid grid failure.
[01:30:59.360 --> 01:31:03.200] But cybersecurity expert David Chalk says not so fast.
[01:31:03.200 --> 01:31:07.720] If we make the national power grid controllable through the web, hackers will have a field
[01:31:07.720 --> 01:31:08.720] day.
[01:31:08.720 --> 01:31:13.480] Working remotely, they could tap in and black out the entire nation, leaving us vulnerable
[01:31:13.480 --> 01:31:14.480] to our enemies.
[01:31:14.480 --> 01:31:20.280] I've long opposed smart meters for privacy and health reasons, but catastrophic failures
[01:31:20.280 --> 01:31:21.840] caused by hackers?
[01:31:21.840 --> 01:31:23.400] There's nothing smart about that.
[01:31:23.400 --> 01:31:31.400] I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:36.760] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.760 --> 01:31:42.200] The government says that fire brought it down, however, 1,500 architects and engineers concluded
[01:31:42.200 --> 01:31:43.840] it was a controlled demolition.
[01:31:43.840 --> 01:31:47.800] Over 6,000 of my fellow service members have given their lives, and thousands of my fellow
[01:31:47.800 --> 01:31:49.280] first responders are dying.
[01:31:49.280 --> 01:31:52.840] I'm not a conspiracy theorist, I'm a structural engineer, I'm a New York City correction
[01:31:52.840 --> 01:31:57.080] officer, I'm an Air Force pilot, I'm a father who lost his son, we're Americans, and we
[01:31:57.080 --> 01:31:58.360] deserve the truth.
[01:31:58.360 --> 01:32:01.360] Go to RememberBuilding7.org today.
[01:32:01.360 --> 01:32:05.880] Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
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[01:32:13.560 --> 01:32:16.840] Among those rights are the right to travel freely from place to place, the right to act
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[01:33:24.760 --> 01:33:51.800] Okay, we are back to Reed Kelton, Brett Fountain, Rule of Law Radio, and we were going to go
[01:33:51.800 --> 01:33:59.840] to Hannah, but Hannah just dropped off the board, Hannah, you dropped off once before,
[01:33:59.840 --> 01:34:05.360] so we'll hang on a bit to see if hopefully she'll call right back.
[01:34:05.360 --> 01:34:06.360] Tina.
[01:34:06.360 --> 01:34:08.360] Oh, there you go.
[01:34:08.360 --> 01:34:10.840] I was wondering if you bumped her off the board.
[01:34:10.840 --> 01:34:11.840] Here she is.
[01:34:11.840 --> 01:34:14.080] We got Hannah back.
[01:34:14.080 --> 01:34:15.080] Okay.
[01:34:15.080 --> 01:34:18.000] Hello, Hannah.
[01:34:18.000 --> 01:34:20.240] What do you have for us today?
[01:34:20.240 --> 01:34:27.280] Yeah, sorry, I don't know what's going on with my internet, it's been super weird the
[01:34:27.280 --> 01:34:31.880] last 20 minutes since I started listening to you guys.
[01:34:31.880 --> 01:34:39.480] Well, when I have problems with my internet, I generally pray about it.
[01:34:39.480 --> 01:34:41.040] You worry about it?
[01:34:41.040 --> 01:34:43.720] No, I pray about it.
[01:34:43.720 --> 01:34:45.680] Oh, yes.
[01:34:45.680 --> 01:34:46.680] Yeah.
[01:34:46.680 --> 01:34:50.160] Okay, he's, Brett doesn't want me to pray about it.
[01:34:50.160 --> 01:34:51.160] Okay.
[01:34:51.160 --> 01:35:04.240] No, I was just wondering if you guys have ever heard of a sheriff's return on an annexed
[01:35:04.240 --> 01:35:06.240] writ of restitution?
[01:35:06.240 --> 01:35:07.240] Yes.
[01:35:07.240 --> 01:35:08.240] Yeah?
[01:35:08.240 --> 01:35:19.360] Yes, I have, the sheriff is, gets a real restitution, he's supposed to get property to the person
[01:35:19.360 --> 01:35:24.920] who belongs to, and he gets it signed and he takes the return back to the court to show
[01:35:24.920 --> 01:35:28.640] that the person's property was restituted.
[01:35:28.640 --> 01:35:39.720] Correct, right, but is it always then when he returns it, files it in the court, it becomes
[01:35:39.720 --> 01:35:42.480] annexed?
[01:35:42.480 --> 01:35:45.480] It becomes what?
[01:35:45.480 --> 01:35:47.480] Annexed.
[01:35:47.480 --> 01:35:55.760] I'm not sure what you mean by annexed, it's filed in a case, so it becomes a part of the
[01:35:55.760 --> 01:35:56.760] case.
[01:35:56.760 --> 01:36:09.640] Right, so in my unlawful detainer that happened in November, I've been slowly getting back
[01:36:09.640 --> 01:36:19.080] records requests, and one of them is the sheriff's return on the writ of restitution, but in the
[01:36:19.080 --> 01:36:30.280] actual document, the sheriff states that he does hereby certify and return that the annexed
[01:36:30.280 --> 01:36:37.440] writ of restitution and request for storage of personal property, yada, yada, yada, but
[01:36:37.440 --> 01:36:46.520] he calls it annexed, the annexed writ.
[01:36:46.520 --> 01:36:52.440] I'm not sure what that means, that would be specific to Washington.
[01:36:52.440 --> 01:36:55.040] Can you look that up, Brett, while we're yacking here?
[01:36:55.040 --> 01:36:57.360] Yeah, I'm not familiar with that either.
[01:36:57.360 --> 01:37:15.240] I'm just wondering if it speaks to an annexed city, or what do they call it?
[01:37:15.240 --> 01:37:22.840] I'm thinking he's calling it annexed to the case, and that sounds like just an odd turn
[01:37:22.840 --> 01:37:30.200] of phrase, because normally you don't call that annexing something to the case, he's
[01:37:30.200 --> 01:37:39.680] just calling it filing it into the case, unless there's something else they do with a return
[01:37:39.680 --> 01:37:46.680] on a writ of restitution, but I can't imagine what that is, all that is is a receipt.
[01:37:46.680 --> 01:38:01.080] And do you think it could somehow speak to that county being annexed, or the city?
[01:38:01.080 --> 01:38:04.080] No.
[01:38:04.080 --> 01:38:14.120] It's just interesting, the city where this happened was in Everett, Washington, which
[01:38:14.120 --> 01:38:24.160] is in Nahomish County, but when I was putting in records requests for like the deed and
[01:38:24.160 --> 01:38:36.680] title and whatever on the house, I sent it to Nahomish County, and they told me that
[01:38:36.680 --> 01:38:54.640] I had to go to the Everett and ask them, because it was in an area that was unincorporated
[01:38:54.640 --> 01:39:02.880] from Nahomish County, it was really weird, because then when I sent the same request
[01:39:02.880 --> 01:39:12.280] to the city of Everett, they said the exact same thing that I had to go to Nahomish County
[01:39:12.280 --> 01:39:24.560] to find those records, and after even more digging the district or division that I was
[01:39:24.560 --> 01:39:39.040] living in, they had it as international zip code, because it's right in the port of Everett,
[01:39:39.040 --> 01:39:50.600] which it was supposed to be the capital of Washington, but ended up being Olympia.
[01:39:50.600 --> 01:39:55.600] Is the port of Everett on the border, like with Canada?
[01:39:55.600 --> 01:40:07.920] No, but it's surrounded by three sides of water, or like a peninsula.
[01:40:07.920 --> 01:40:14.480] Still, it would be Washington State, so I don't understand why would it say international
[01:40:14.480 --> 01:40:15.480] zip code.
[01:40:15.480 --> 01:40:16.480] What's that about?
[01:40:16.480 --> 01:40:37.440] That's kind of where I was confused, because it ends up going into... What is it?
[01:40:37.440 --> 01:40:42.640] Aren't all zip codes essentially effective internationally?
[01:40:42.640 --> 01:40:48.920] What does international zip code mean?
[01:40:48.920 --> 01:41:06.760] I guess I was assuming it was because of international waters, and if you're surrounded by three
[01:41:06.760 --> 01:41:15.840] sides, your peninsula, but if it's right, essentially, into the ocean and...
[01:41:15.840 --> 01:41:21.200] Yeah, but it doesn't matter how much water is around it.
[01:41:21.200 --> 01:41:26.680] If it's part of the state, it's part of the state.
[01:41:26.680 --> 01:41:27.680] It could be an island.
[01:41:27.680 --> 01:41:35.760] It could be like a Hawaii, a string of islands, but that doesn't affect anything about the
[01:41:35.760 --> 01:41:40.440] service of process or execution of a writ.
[01:41:40.440 --> 01:41:44.200] I looked up international zip code.
[01:41:44.200 --> 01:41:49.040] I can't find a definition of it.
[01:41:49.040 --> 01:42:07.400] Yeah, again, it's the only one that is labeled or categorized like that, which is just weird
[01:42:07.400 --> 01:42:19.720] to me, but I mean, there's other cities in Washington that are unincorporated or incorporated
[01:42:19.720 --> 01:42:20.720] or even...
[01:42:20.720 --> 01:42:27.600] Okay, that peninsula, is that peninsula part of the port?
[01:42:27.600 --> 01:42:29.120] Yes.
[01:42:29.120 --> 01:42:37.520] In that peninsula, if it's part of the port, some of the only lands in the United States
[01:42:37.520 --> 01:42:47.720] that have been ceded to the federal government are federal prisons and ports.
[01:42:47.720 --> 01:42:55.040] That might be a national zip code, not an international zip code, because that portion
[01:42:55.040 --> 01:43:01.720] of the peninsula is probably in the United States.
[01:43:01.720 --> 01:43:03.680] Okay.
[01:43:03.680 --> 01:43:12.960] It's like, remember the movie, The Presidio?
[01:43:12.960 --> 01:43:16.720] The Presidio is a Marine base near San Diego.
[01:43:16.720 --> 01:43:23.320] There's a movie with Sean Connery where someone was murdered on the Presidio.
[01:43:23.320 --> 01:43:28.800] Well, the Presidio was an Army base, and it was not ceded to the federal government, so
[01:43:28.800 --> 01:43:33.680] the local sheriff investigated the murder.
[01:43:33.680 --> 01:43:41.360] If a murder occurred in a port or in a federal prison, then the federal police would handle
[01:43:41.360 --> 01:43:45.840] that, because that is in the Fed.
[01:43:45.840 --> 01:43:50.040] Hang on, Randy Kelton, Brett Fountain, we have a radio.
[01:43:50.040 --> 01:44:00.600] You've got one more segment, we'll be right back.
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[01:46:15.720 --> 01:46:44.200] Okay, we are back for our last segment in our four-hour info marathon, and we're talking
[01:46:44.200 --> 01:46:52.240] to Hannah in Washington, and Hannah, Brett and I talked over the break, and we have no
[01:46:52.240 --> 01:46:54.200] idea what you're talking about.
[01:46:54.200 --> 01:46:55.200] Okay.
[01:46:55.200 --> 01:47:02.200] What's this all about?
[01:47:02.200 --> 01:47:18.120] It just struck me as odd when I was reading the sheriff's return for the writ.
[01:47:18.120 --> 01:47:19.880] Where was the property located?
[01:47:19.880 --> 01:47:29.680] Was it located in a section that may have been annexed by this city or a county?
[01:47:29.680 --> 01:47:34.640] I believe so.
[01:47:34.640 --> 01:47:42.000] So the annex may be a reference to the property being annexed to some jurisdiction.
[01:47:42.000 --> 01:47:46.440] So who annexed it?
[01:47:46.440 --> 01:47:53.120] The county, I think.
[01:47:53.120 --> 01:48:01.240] Honestly, I'm not 100%, but I had looked into it, and it's actually...they have a
[01:48:01.240 --> 01:48:18.040] whole committee and a process for which residents can either petition to be annexed from a county.
[01:48:18.040 --> 01:48:20.480] Oh, so you're not...
[01:48:20.480 --> 01:48:22.680] What do you want to do about this?
[01:48:22.680 --> 01:48:23.760] Is this your land?
[01:48:23.760 --> 01:48:29.320] Are you like auditing their procedure or what's happening?
[01:48:29.320 --> 01:48:30.320] I'm sorry.
[01:48:30.320 --> 01:48:31.320] I didn't...
[01:48:31.320 --> 01:48:32.320] No, no, no.
[01:48:32.320 --> 01:48:36.360] If there was a writ of restitution, that means you were just evicted from some property.
[01:48:36.360 --> 01:48:37.360] Is that correct?
[01:48:37.360 --> 01:48:38.360] Correct.
[01:48:38.360 --> 01:48:41.360] In November or October.
[01:48:41.360 --> 01:48:42.360] Okay.
[01:48:42.360 --> 01:48:46.160] Are you trying to recover the property?
[01:48:46.160 --> 01:48:49.160] Essentially.
[01:48:49.160 --> 01:48:53.440] Yes.
[01:48:53.440 --> 01:48:54.440] Okay.
[01:48:54.440 --> 01:49:01.160] So what is your plan to recover the property?
[01:49:01.160 --> 01:49:08.320] I, from my...
[01:49:08.320 --> 01:49:13.240] Well, let me back up and ask you a different question.
[01:49:13.240 --> 01:49:23.120] Was the eviction based on a foreclosure or a rental?
[01:49:23.120 --> 01:49:26.120] It was a rental.
[01:49:26.120 --> 01:49:30.680] Wait, say that again?
[01:49:30.680 --> 01:49:32.160] Oh, rental.
[01:49:32.160 --> 01:49:33.160] Okay.
[01:49:33.160 --> 01:49:38.800] So are you trying to...wishing to re-rent the property?
[01:49:38.800 --> 01:49:51.680] Essentially, take title, take ownership of it because...
[01:49:51.680 --> 01:49:58.480] How do you plan to do that?
[01:49:58.480 --> 01:50:08.560] Because my fiance and I, we were caregiving for the lady who had the rental agreement
[01:50:08.560 --> 01:50:09.560] in this house.
[01:50:09.560 --> 01:50:23.680] And we were living in the house for over a year and she had acquired tenure.
[01:50:23.680 --> 01:50:35.080] And the presumed landlord is actually not...through fraud and...
[01:50:35.080 --> 01:50:39.480] Wait, wait a minute.
[01:50:39.480 --> 01:50:42.840] Did you say she acquired a payer?
[01:50:42.840 --> 01:50:43.840] No.
[01:50:43.840 --> 01:50:50.720] She said acquired tenure.
[01:50:50.720 --> 01:51:07.400] And the landlord, his deed that he filed that he claims gives him ownership is void.
[01:51:07.400 --> 01:51:11.360] It's a fraud.
[01:51:11.360 --> 01:51:22.080] Okay, well, how would you have standing to raise a claim?
[01:51:22.080 --> 01:51:38.520] Because she had tenure and I had established residency as a occupant and she passed in
[01:51:38.520 --> 01:51:45.880] the house leaving me and my fiance, the remaining occupant, so...
[01:51:45.880 --> 01:51:50.720] Okay, you're calling yourself occupant and not renter.
[01:51:50.720 --> 01:51:57.640] No, because we rented from him, from the landlord.
[01:51:57.640 --> 01:51:59.520] We were caregiving.
[01:51:59.520 --> 01:52:01.520] She was.
[01:52:01.520 --> 01:52:08.800] Oh, okay, so you were caregivers for this person who passed?
[01:52:08.800 --> 01:52:11.800] Correct.
[01:52:11.800 --> 01:52:16.400] And you wanted to stay in the property after this person passed?
[01:52:16.400 --> 01:52:17.880] Correct.
[01:52:17.880 --> 01:52:30.200] And he...the landlord even was...he did applications for us.
[01:52:30.200 --> 01:52:37.680] Did you have a contract that allowed you to stay in the property after the person for
[01:52:37.680 --> 01:52:41.440] whom you were a caregiver passed?
[01:52:41.440 --> 01:52:47.040] There was an oral agreement from him.
[01:52:47.040 --> 01:52:55.120] Did the agreement grant you permanent residence?
[01:52:55.120 --> 01:53:08.960] No, it was in the process of screening for it.
[01:53:08.960 --> 01:53:13.280] Wait, that didn't make sense.
[01:53:13.280 --> 01:53:16.200] In the process of screening for it?
[01:53:16.200 --> 01:53:17.200] What does that mean?
[01:53:17.200 --> 01:53:27.360] We were doing improvements on the house per his wishes.
[01:53:27.360 --> 01:53:38.000] We were also...he was doing an application for us because we had expressed that we wanted
[01:53:38.000 --> 01:53:47.920] to remain in the house and to take over the rental.
[01:53:47.920 --> 01:54:01.720] And as we were clearing out the house of her belongings and doing the improvements, we
[01:54:01.720 --> 01:54:10.080] had a very civil relationship and he was screening us.
[01:54:10.080 --> 01:54:11.080] Okay.
[01:54:11.080 --> 01:54:19.480] Did you have an agreement with the property owner or simply with the renter?
[01:54:19.480 --> 01:54:23.000] So he is one and the same.
[01:54:23.000 --> 01:54:26.000] He's claiming to be the property owner.
[01:54:26.000 --> 01:54:30.800] No, no, no.
[01:54:30.800 --> 01:54:40.840] The woman you were caring for or the person you were caring for, was that person renting
[01:54:40.840 --> 01:54:44.880] this property or did that person own the property?
[01:54:44.880 --> 01:54:45.880] She was renting.
[01:54:45.880 --> 01:54:50.040] She had been for over 10 years.
[01:54:50.040 --> 01:54:51.040] Okay.
[01:54:51.040 --> 01:54:57.720] Did you have an agreement with the property owner or with the renter?
[01:54:57.720 --> 01:55:08.600] With the renter and then when she passed with the property owner.
[01:55:08.600 --> 01:55:14.160] What was the nature of the agreement with the property owner?
[01:55:14.160 --> 01:55:25.520] To clear out the house of her belongings, make improvements, do maintenance painting,
[01:55:25.520 --> 01:55:30.360] you know, ready the house for.
[01:55:30.360 --> 01:55:36.960] So you were getting the house ready to rent out?
[01:55:36.960 --> 01:55:42.240] Essentially and-
[01:55:42.240 --> 01:55:48.300] How long did it take you to get the property ready?
[01:55:48.300 --> 01:55:51.200] How long were we making improvements?
[01:55:51.200 --> 01:55:52.200] Yes.
[01:55:52.200 --> 01:56:00.840] Um, probably two to three months at least.
[01:56:00.840 --> 01:56:02.440] Okay.
[01:56:02.440 --> 01:56:07.000] Did you have, was it your intention to rent the property yourself?
[01:56:07.000 --> 01:56:08.000] Yes.
[01:56:08.000 --> 01:56:12.600] Me and my fiance, we wanted to.
[01:56:12.600 --> 01:56:13.600] Okay.
[01:56:13.600 --> 01:56:17.960] Did you put a down payment on it?
[01:56:17.960 --> 01:56:18.960] No.
[01:56:18.960 --> 01:56:29.520] Well, I'm trying to get to why you were evicted.
[01:56:29.520 --> 01:56:33.520] Why did he evict you?
[01:56:33.520 --> 01:56:43.680] Because he didn't want to pay us for our labor and said he-
[01:56:43.680 --> 01:56:47.520] Did you sue him for that?
[01:56:47.520 --> 01:56:57.520] That's what we are in the drafting of.
[01:56:57.520 --> 01:57:00.120] Okay.
[01:57:00.120 --> 01:57:04.880] It's, this sounds very confused.
[01:57:04.880 --> 01:57:09.120] It is, yes, and I apologize.
[01:57:09.120 --> 01:57:12.920] Have you filed suit?
[01:57:12.920 --> 01:57:16.400] Not yet.
[01:57:16.400 --> 01:57:20.400] And if you've already been evicted, it'll be almost impossible to force your way back
[01:57:20.400 --> 01:57:21.400] in.
[01:57:21.400 --> 01:57:26.120] You may be able to sue him for damages, but that's about it.
[01:57:26.120 --> 01:57:28.120] Right.
[01:57:28.120 --> 01:57:42.560] Um, I'm not planning on stemming from the eviction case.
[01:57:42.560 --> 01:57:44.680] Okay.
[01:57:44.680 --> 01:57:49.040] We are out of time to get this figured out.
[01:57:49.040 --> 01:57:58.320] This is, you were coming up on the end of the show and it sounds like you were renting
[01:57:58.320 --> 01:58:03.440] the property, fixing the property up so he could rent it.
[01:58:03.440 --> 01:58:08.880] And then when you got to the point of renting it, uh, you wanted him to pay you for fixing
[01:58:08.880 --> 01:58:13.960] it up, but you stayed there while you were fixing up the property.
[01:58:13.960 --> 01:58:16.640] So that would have incurred a rental cost.
[01:58:16.640 --> 01:58:21.600] It sounds like he's probably thinks this is evened out, but we are out of time.
[01:58:21.600 --> 01:58:24.680] This is Randy Kelton, Brett Fountain, Root of Law Radio.
[01:58:24.680 --> 01:58:31.640] We'll be back next week on our regular four hour show on Thursday and I'm sorry, our two
[01:58:31.640 --> 01:58:36.120] hour show on Thursday and our four hour show on Friday.
[01:58:36.120 --> 01:58:41.680] So, and make sure you check out Eddie Craig on Monday nights at eight o'clock.
[01:58:41.680 --> 01:58:50.600] Thank you all for listening and good night.
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