[00:09.320 --> 00:13.760]  The state sterilized from the 1920s to the 1970s.
[00:13.760 --> 00:20.120]  In 1967, after 14-year-old Elaine Riddick had a child after being raped, she was sterilized
[00:20.120 --> 00:23.040]  by the state, which accused her of promiscuity.
[00:23.040 --> 00:29.400]  60,000 women and girls in 32 states were sterilized during that time through programs aimed at
[00:29.400 --> 00:32.980]  cutting welfare costs.
[00:32.980 --> 00:37.100]  Palestinian protesters rammed a bulldozer Friday into Israel's separation wall near
[00:37.100 --> 00:41.700]  the village of Bilin, days after the Israeli army said it would comply with a four-year-old
[00:41.700 --> 00:44.760]  court order and reposition the barrier.
[00:44.760 --> 00:49.280]  Israeli soldiers fired volleys of tear gas and jets of foul-smelling liquid to force
[00:49.280 --> 00:51.400]  demonstrators away.
[00:51.400 --> 00:57.240]  Palestinians say they will continue protests because much of their land remains inaccessible.
[00:57.240 --> 01:01.800]  A new report from Merrill Lynch shows the world's wealthiest people have recouped the
[01:01.800 --> 01:07.560]  losses they suffered after the 2008 banking crisis and are richer than ever.
[01:07.560 --> 01:13.640]  The wealth of, quote, high-net-worth individuals, people with more than $1 million, reached
[01:13.640 --> 01:22.120]  $42.7 trillion in 2010, rising nearly 10 percent in a year and surpassing the peak of $40.7
[01:22.120 --> 01:25.360]  trillion in 2007.
[01:25.360 --> 01:30.880]  Egyptian activists are calling for a massive rally July 8 to save the revolution that toppled
[01:30.880 --> 01:31.880]  Hosni Mubarak.
[01:31.880 --> 01:37.720]  On a Facebook page entitled The Second Revolution of Anger, activists say fundamental demands
[01:37.720 --> 01:42.840]  of the uprising have not been met, having become clouded by arguments on whether elections
[01:42.840 --> 01:45.920]  or a constitution should come first.
[01:45.920 --> 01:48.480]  Activists have written, our revolution is collapsing.
[01:48.480 --> 01:49.980]  I haven't felt a change.
[01:49.980 --> 01:52.480]  I'm going back to Tahrir Square.
[01:52.480 --> 01:57.840]  Voters behind the July 8 call say priorities should be ensuring freedom of expression,
[01:57.840 --> 02:02.920]  the public trial of those guilty of abuse, and an end to military trials of civilians.
[02:02.920 --> 02:08.260]  In an online YouTube message, one activist said, when a protest is dispersed with the
[02:08.260 --> 02:14.160]  use of thugs and when the army performs virginity tests on women and when protesters are tortured,
[02:14.160 --> 02:17.800]  then something is definitely wrong.
[02:17.800 --> 02:23.460]  Hundreds of nurses and their allies rallied on Wall Street Wednesday as unions in 40 nations
[02:23.460 --> 02:29.660]  around the world demonstrated in support of a tax on trading stocks, bonds, and derivatives.
[02:29.660 --> 02:35.800]  The tax, already in place in Britain and parts of Asia, could generate up to $350 billion
[02:35.800 --> 02:41.680]  a year in the U.S., saving 1.75 million homeowners from foreclosure.
[02:41.680 --> 02:47.320]  National Nurses United executive director Roseanne DiMauro said people understand the
[02:47.320 --> 02:49.500]  rich must pay a bigger share.
[02:49.500 --> 02:54.200]  She added that as unions begin to realize their allies aren't in boardrooms or state
[02:54.200 --> 02:59.720]  house corridors, they could make a powerful statement by moving out of Washington's hub
[02:59.720 --> 03:00.720]  of corruption.
[03:00.720 --> 03:07.640]  For more details on these stories, visit INNWorldReport.net.
[03:07.640 --> 03:17.760]  You are listening to the Rule of Law Radio Network at RuleOfLawRadio.com.
[03:17.760 --> 03:38.480]  And free speech talk radio at its best.
[03:38.480 --> 03:50.600]  Okay, we're back, Randy Kelton, W. Stevens, W. Craig with Law Radio, we're talking to
[03:50.600 --> 03:52.160]  Alex in California.
[03:52.160 --> 04:00.800]  Alex, will you go ahead, we're talking about they arrested you and you still have the,
[04:00.800 --> 04:04.400]  the prosecution is still ongoing.
[04:04.400 --> 04:09.480]  How long ago were you arrested?
[04:09.480 --> 04:16.040]  I'm sorry, go ahead, start that again, I didn't have you unmuted.
[04:16.040 --> 04:18.760]  Oh, June 7th.
[04:18.760 --> 04:21.440]  Oh, so it's relatively recent.
[04:21.440 --> 04:28.000]  Yeah, it's recent, just a week or so, I still have kennel cough from being in the jail.
[04:28.000 --> 04:33.080]  So they were talking to you and they accused you of interfering with a public servant.
[04:33.080 --> 04:36.200]  Have you looked up the statute interfering with a public servant?
[04:36.200 --> 04:42.440]  No, it's, well actually what it says on the paper, it says it's a 140 something, I can
[04:42.440 --> 04:46.000]  barely read, the only piece of paper I have left, it's faded, all the numbers are faded,
[04:46.000 --> 04:51.820]  but it says interfering with police, no, I'm sorry, resist police, it says resist police,
[04:51.820 --> 04:58.000]  but they said to me it was interfering with an officer and it's an officer's investigation.
[04:58.000 --> 05:02.160]  Okay, this is kind of a catch all.
[05:02.160 --> 05:10.200]  You need to charge them with malicious prosecution, aggravated perjury, look up the statute first
[05:10.200 --> 05:19.200]  because interfering is, if it's similar to Texas, in Texas, the statute clearly states
[05:19.200 --> 05:28.040]  you cannot interfere with voice alone, you must physically interfere with them, and if
[05:28.040 --> 05:33.440]  they didn't state that you physically interfered with them, you need to go after them criminally.
[05:33.440 --> 05:40.120]  Yeah, I thought that maybe they thought I was, they were saying I was interfering because
[05:40.120 --> 05:41.120]  I wasn't giving them information.
[05:41.120 --> 05:45.040]  That's one of the things he said I thought was not right, was he said I had to answer
[05:45.040 --> 05:46.040]  all his questions.
[05:46.040 --> 05:49.400]  I think I asked him, do I have to answer all your questions, and he said that you have
[05:49.400 --> 05:54.480]  to answer all my questions, and it just seemed strange to me, I understand if I was going
[05:54.480 --> 05:57.680]  through with a formal complaint and someone was being arrested, they would want to get
[05:57.680 --> 06:02.440]  a positive identification of the person making the claims, especially if they didn't have,
[06:02.440 --> 06:06.560]  if they didn't witness the crime or the alleged assault or whatever, but in this case they
[06:06.560 --> 06:11.600]  had the other guy's testimony saying that he hit me, and that I had only touched him,
[06:11.600 --> 06:14.240]  and it just seemed like they were just...
[06:14.240 --> 06:16.440]  And you were the one that called the police.
[06:16.440 --> 06:21.280]  I was the one that called the police, so I can see where I would have some responsibility
[06:21.280 --> 06:23.480]  to answer the questions and be willing to cooperate.
[06:23.480 --> 06:27.080]  No, you didn't have any responsibility.
[06:27.080 --> 06:33.080]  What part of you have the right to remain silent is hard to understand.
[06:33.080 --> 06:36.600]  I know, that's exactly what I thought, I'm thinking, what, it's only once you're arrested
[06:36.600 --> 06:37.880]  you have the right to remain silent?
[06:37.880 --> 06:41.840]  I don't think so, so...
[06:41.840 --> 06:45.600]  You need to go back after these officers.
[06:45.600 --> 06:50.200]  The only way we're going to stop this is go after them.
[06:50.200 --> 06:56.080]  They definitely had an air of impunity about them, like, no, you have to answer our questions,
[06:56.080 --> 07:02.360]  you have to, where you should cooperate, or else, you know, that kind of thing, I just...
[07:02.360 --> 07:05.560]  We have allowed them to do this.
[07:05.560 --> 07:09.960]  Would you recognize a police state if you were in one?
[07:09.960 --> 07:16.960]  Yeah, I recognize it already, I just, I tend to kind of hit it head on when it comes right
[07:16.960 --> 07:21.280]  up to me, but some other people have said, well, you know they're unpredictable, and
[07:21.280 --> 07:23.920]  like, you know, they're like wild animals, you just don't know what they'll do, and they'll
[07:23.920 --> 07:28.080]  do stuff wrong, and you wind up suffering for it, so a lot of people would recommend
[07:28.080 --> 07:31.400]  that, you know, just tell them everything they want, and go along with it, and...
[07:31.400 --> 07:39.320]  Go after them like a tiger, if you don't, they will do anything they want to you.
[07:39.320 --> 07:47.560]  The police don't mess with me, because they know I will go after them, when they're finished,
[07:47.560 --> 07:52.560]  I'm going to be all over them, I'm going to be crawling down their boss's throat, stomping
[07:52.560 --> 07:59.280]  my feet all the way, I'm going to be hammering judges and prosecutors, everybody I can find.
[07:59.280 --> 08:02.480]  They don't want anything to do with me.
[08:02.480 --> 08:07.960]  You talked about fighting complaints versus criminal charges, and I looked on the internet
[08:07.960 --> 08:13.440]  and I found a complaint form for LAPD employees, I guess ones that are in trouble, like, if
[08:13.440 --> 08:14.440]  they don't...
[08:14.440 --> 08:15.440]  No, no, no, that's a professional complaint.
[08:15.440 --> 08:19.840]  And I guess like you said, that's public relations nonsense, so, but that's what I'd use to fill
[08:19.840 --> 08:26.120]  out, just to write down my story, but anyway, I do have an attorney that's working on this,
[08:26.120 --> 08:31.440]  and they recommended that I save my complaint until after this has been dealt with.
[08:31.440 --> 08:38.800]  Yeah, sure, so once you get screwed royal, and they force you to plead guilty, then you'll
[08:38.800 --> 08:41.400]  have no standing to file a complaint.
[08:41.400 --> 08:42.400]  Yeah.
[08:42.400 --> 08:46.320]  And that's what your attorney is going to push you to do, because he can't afford to
[08:46.320 --> 08:48.560]  do anything else.
[08:48.560 --> 08:51.040]  And he has to worry about his bar card and his profession.
[08:51.040 --> 08:52.040]  Yeah.
[08:52.040 --> 08:53.720]  Well, I guess you have to go either way.
[08:53.720 --> 08:58.000]  If I'd file his complaint, they might get angry, or not angry isn't the best word for
[08:58.000 --> 09:03.080]  it, but they need me to be guilty of something so it can justify all this.
[09:03.080 --> 09:07.120]  Oh, another thing I didn't say, I think one reason that he went ahead and grabbed me is
[09:07.120 --> 09:12.440]  he thought, he might've thought I had a warrant, and I was trying to, you know, not let him
[09:12.440 --> 09:15.560]  find out that I had a warrant, so he thought if I could grab me, he'd justify the warrant.
[09:15.560 --> 09:19.000]  And he still has to file a warrant.
[09:19.000 --> 09:20.960]  He had your name, you had given him your name?
[09:20.960 --> 09:23.640]  Yeah, I'd given him my full name, and he knew my address.
[09:23.640 --> 09:27.240]  He had your name and address, he had all he needed, you were identified.
[09:27.240 --> 09:29.600]  That's what I thought.
[09:29.600 --> 09:33.240]  But he wanted more, and I think he just thought I had a warrant, and he could justify grabbing
[09:33.240 --> 09:34.240]  me if he found a warrant.
[09:34.240 --> 09:36.480]  Then they didn't find a warrant, and they kind of sat there scratching their heads going,
[09:36.480 --> 09:37.680]  oh, what do we do now, Buzz?
[09:37.680 --> 09:41.840]  So they had some supervisor, watch commander, whatever, come up to the house while I sat
[09:41.840 --> 09:45.800]  in their police car for about an hour, come up here, and he didn't even talk to me, he
[09:45.800 --> 09:49.000]  went and talked to them, and then they just got in the car and took me down to the jail,
[09:49.000 --> 09:53.640]  and then I spent the next four days, including a LA County jail, which is as bad as I've
[09:53.640 --> 09:54.640]  ever heard.
[09:54.640 --> 09:57.720]  Why did you spend four days in jail?
[09:57.720 --> 10:01.840]  It took a while to persuade somebody to bail me out.
[10:01.840 --> 10:02.840]  Oh, okay.
[10:02.840 --> 10:04.400]  I would've spent four days in jail.
[10:04.400 --> 10:06.600]  They took you before a magistrate within a relative-
[10:06.600 --> 10:12.920]  You know, while I was in jail, just when I first got in there, I said, hey, I want to
[10:12.920 --> 10:18.840]  see a magistrate, and they're like, huh, they never heard of one before.
[10:18.840 --> 10:22.640]  I don't know, I've read the Texas laws about the magistrate, and I've tried to find that
[10:22.640 --> 10:28.760]  in California penal codes or rule procedures, and I can't really, it mentions the word magistrate,
[10:28.760 --> 10:32.960]  but I haven't found where it says, clearly, you must go before a magistrate if at all
[10:32.960 --> 10:33.960]  possible.
[10:33.960 --> 10:39.360]  Now, the primary ruling that one of the primary rules we use is the city of Riverside v.
[10:39.360 --> 10:40.360]  McLaughlin, California.
[10:40.360 --> 10:41.360]  Uh-oh.
[10:41.360 --> 10:46.360]  I'll have to look that up.
[10:46.360 --> 10:48.760]  Absolutely have to be brought before a magistrate.
[10:48.760 --> 10:53.720]  Probably need to get you in touch with Rick from California.
[10:53.720 --> 10:59.240]  He has become our go-to guy on these issues.
[10:59.240 --> 11:06.160]  If you will send an email to Randy at ruleoflawradio.com, I will forward it to Rick and see if he'll
[11:06.160 --> 11:09.960]  get in touch with you, but you really need to go after him.
[11:09.960 --> 11:10.960]  That's what he did.
[11:10.960 --> 11:12.800]  He has really went after him.
[11:12.800 --> 11:13.800]  Yeah.
[11:13.800 --> 11:20.040]  Yeah, that's what I wanted to do immediately, but then I got this attorney, and they said,
[11:20.040 --> 11:21.200]  I don't like attorneys.
[11:21.200 --> 11:25.960]  I hate it, but I... Well, if there's something else that happened after this event that's
[11:25.960 --> 11:29.080]  kind of related to it, I don't know if you have time to hear it.
[11:29.080 --> 11:32.440]  But it got exponentially worse.
[11:32.440 --> 11:36.680]  While I was in jail, I had a cat in my room here that needed to be taken care of, and
[11:36.680 --> 11:38.200]  he was locked in the room.
[11:38.200 --> 11:42.960]  Other people here at the house called a locksmith, unlocked the door to the room where the cat
[11:42.960 --> 11:48.360]  was, and the same person that hit me came into my room and snooped around to see whatever
[11:48.360 --> 11:49.360]  he could see.
[11:49.360 --> 11:51.920]  Now, he was never invited, never previously ever allowed in my room.
[11:51.920 --> 11:55.400]  I would never have given permission in here, but he came in here, and he saw what he thought
[11:55.400 --> 12:03.280]  was an assault rifle, and it was an actual rifle, but it doesn't technically meet the
[12:03.280 --> 12:05.560]  specifications of an assault rifle.
[12:05.560 --> 12:09.800]  It's not illegal, but that didn't stop him from contacting the police.
[12:09.800 --> 12:14.600]  I don't know if it was the same police that came here that day or not, but while I was
[12:14.600 --> 12:18.600]  in jail, the whole house got raided, and they took that rifle and every other firearm I
[12:18.600 --> 12:24.720]  had in the house, and that's what I mean by getting exponentially worse.
[12:24.720 --> 12:27.840]  Have they filed any charges on those items?
[12:27.840 --> 12:28.840]  No.
[12:28.840 --> 12:29.840]  No, they just came.
[12:29.840 --> 12:30.840]  They took a bunch of stuff.
[12:30.840 --> 12:33.720]  I have no receipt or anything of what was taken.
[12:33.720 --> 12:36.040]  I can tell, basically, at least they took any charges.
[12:36.040 --> 12:37.640]  Have you filed theft charges?
[12:37.640 --> 12:40.600]  No, I thought about that, but that's some paperwork.
[12:40.600 --> 12:44.040]  I have a copy of the search warrant, but it's incomplete.
[12:44.040 --> 12:47.960]  It doesn't show anything on it about probable cause or any of that affidavit.
[12:47.960 --> 12:53.480]  Can file criminal charges for theft, get it on the record?
[12:53.480 --> 12:54.600]  They have a search warrant?
[12:54.600 --> 12:55.600]  Who issued the warrant?
[12:55.600 --> 12:57.480]  Do they have a magistrate who issued the warrant?
[12:57.480 --> 12:58.480]  Yeah, there's a judge.
[12:58.480 --> 13:02.840]  I have a name of a judge in the San Fernando court that signed off on it, and the name
[13:02.840 --> 13:03.840]  of the officer.
[13:03.840 --> 13:14.160]  Go to that judge's court and demand the affidavit in support of the warrant.
[13:14.160 --> 13:15.160]  Okay.
[13:15.160 --> 13:16.160]  Yeah.
[13:16.160 --> 13:19.000]  The warrant has to be sufficient.
[13:19.000 --> 13:21.680]  It has to tell them exactly what they're looking for.
[13:21.680 --> 13:22.680]  Does it say what the warrant...
[13:22.680 --> 13:23.680]  Yeah, the warrant had on it.
[13:23.680 --> 13:24.680]  I mean, it was amazing.
[13:24.680 --> 13:25.680]  They had everything on it.
[13:25.680 --> 13:31.440]  They said DVDs, anything that could be related to firearms, and they pretty much took anything.
[13:31.440 --> 13:33.080]  Well, they left a lot of stuff.
[13:33.080 --> 13:39.040]  They left bullets, ammunition, other things, but they had lots of DVDs and DVDs about it.
[13:39.040 --> 13:42.520]  What grounds did they have to take the weapons to start with?
[13:42.520 --> 13:48.600]  Basically, the claim was that there was an illegal weapon here, but they took everything.
[13:48.600 --> 13:52.720]  Yeah, but when they got on scene, they would have known right off the bat it was not an
[13:52.720 --> 13:53.720]  illegal weapon.
[13:53.720 --> 14:01.800]  Well, it's a very fine point about the type of weapon, whether it's an issue of a gun
[14:01.800 --> 14:06.680]  having a fixed magazine, and if you have a fixed magazine, like an SKS rifle, you can
[14:06.680 --> 14:09.360]  have other accessories like pistol grips and flash hiders.
[14:09.360 --> 14:12.840]  Here in California, it's ridiculous.
[14:12.840 --> 14:17.120]  But if you have a regular detachable magazine, you can't have the pistol grip.
[14:17.120 --> 14:21.440]  But you can put on a thing they call a bullet button that makes you need to use some kind
[14:21.440 --> 14:26.440]  of a tool, usually just like a bullet, to stick in it, to open it, to release the magazine.
[14:26.440 --> 14:30.440]  Once you put that on, you can put all the other accessories on, and that was the condition
[14:30.440 --> 14:31.440]  my gun was in.
[14:31.440 --> 14:34.540]  So at first glance, to look at it, they would probably say it was illegal because it had
[14:34.540 --> 14:36.400]  a pistol grip on it.
[14:36.400 --> 14:40.080]  So there's been no charges made?
[14:40.080 --> 14:47.280]  No charges, and that was almost, see, this is Friday, that was about 10 days ago, I think.
[14:47.280 --> 14:50.280]  It would have been a few days after the 7th, yeah.
[14:50.280 --> 14:53.560]  It was on the 9th, I think they did it, yeah it was, yeah.
[14:53.560 --> 14:58.400]  Well if you don't demand the return of your guns, they're going to wind up in Mexico.
[14:58.400 --> 14:59.400]  Yes.
[14:59.400 --> 15:00.400]  Yeah.
[15:00.400 --> 15:06.760]  I know we're working on somebody's collection of stolen weapons.
[15:06.760 --> 15:11.840]  No, the police will take them and sell them.
[15:11.840 --> 15:12.840]  Yeah.
[15:12.840 --> 15:18.160]  Well, one of those was a- And then they'll go raid their house, claiming
[15:18.160 --> 15:22.160]  that's an illegal weapon, and steal it back and sell it again.
[15:22.160 --> 15:27.640]  Yeah, I'm disgusted with them.
[15:27.640 --> 15:32.640]  They just, it's just an excuse to steal stuff, really, is what it looks like.
[15:32.640 --> 15:38.720]  But anyway, it's, I'm waiting, like you said, I shouldn't wait for them to come after me.
[15:38.720 --> 15:43.880]  I should go make them to me, because it almost seems like I have a guilty demeanor if I just
[15:43.880 --> 15:44.880]  sit here and don't do anything.
[15:44.880 --> 15:48.360]  I should have been down the next day and said, give me my stuff back.
[15:48.360 --> 15:49.360]  Exactly.
[15:49.360 --> 15:50.360]  What do you think?
[15:50.360 --> 15:51.360]  Yeah.
[15:51.360 --> 15:54.160]  I petitioned the court for a show cause hearing.
[15:54.160 --> 15:55.160]  Yeah.
[15:55.160 --> 15:59.240]  And the court of the judge that signed off on it.
[15:59.240 --> 16:00.240]  Yes.
[16:00.240 --> 16:01.240]  Yeah.
[16:01.240 --> 16:02.240]  Okay.
[16:02.240 --> 16:05.800]  But watch your attorney, he's going to screw you.
[16:05.800 --> 16:11.720]  Yeah, I know, by the way, I got the jurisdictionaries thing, and I was wondering how much of that,
[16:11.720 --> 16:16.680]  now that's mostly primarily civil things, how much of that can translate straight over
[16:16.680 --> 16:20.560]  to criminal, like all the interrogatories and the requests for admissions and stuff
[16:20.560 --> 16:22.560]  like that?
[16:22.560 --> 16:26.240]  You don't have the same kind of discovery in criminal.
[16:26.240 --> 16:29.520]  You look at a Brady motion, just look up Brady motion.
[16:29.520 --> 16:32.160]  That'll give you discovery in criminal.
[16:32.160 --> 16:33.160]  Okay.
[16:33.160 --> 16:34.160]  Okay.
[16:34.160 --> 16:35.160]  Okay.
[16:35.160 --> 16:37.600]  Then we're going to move ahead.
[16:37.600 --> 16:40.280]  We're about to go to break.
[16:40.280 --> 16:41.280]  Thank you, Alex.
[16:41.280 --> 16:42.280]  I hope that helped.
[16:42.280 --> 16:47.000]  When we come back, we're going to go to Claudio in California.
[16:47.000 --> 16:51.840]  Not to be confused with Carlos, we wouldn't make that mistake.
[16:51.840 --> 17:00.720]  Randy Kelton, Eddie Craig, Deborah Stevens, Rula Radio, 512-646-1984, we'll be right back.
[17:00.720 --> 17:04.960]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin
[17:04.960 --> 17:07.440]  supplies in the Austin Metro area.
[17:07.440 --> 17:08.440]  We also ship worldwide.
[17:08.440 --> 17:13.080]  We're a family-owned and operated business that offers competitive prices on your coin
[17:13.080 --> 17:14.960]  and metals purchases.
[17:14.960 --> 17:19.040]  Because of you, Austin, business has been so good that we've had to move to a new and
[17:19.040 --> 17:20.040]  bigger location.
[17:20.040 --> 17:26.880]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous
[17:26.880 --> 17:27.880]  location.
[17:27.880 --> 17:31.640]  We're on the west side of Burnett Road in the Stanley Insurance building on the ground
[17:31.640 --> 17:35.360]  floor next to the Ichiban Sushi and the Genie Car Wash.
[17:35.360 --> 17:39.160]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[17:39.160 --> 17:45.920]  You're welcome to stop in during regular business hours or call 512-646-6440, ask for Chad or
[17:45.920 --> 17:50.680]  Becky, and say that you heard about us on Rula Law Radio or Texas Liberty Radio.
[17:50.680 --> 17:56.080]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road, Suite A, or
[17:56.080 --> 18:00.280]  call 512-646-6440.
[18:00.280 --> 18:05.600]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[18:05.600 --> 18:09.080]  Stop debt collectors now with the Michael Miras Proven Method.
[18:09.080 --> 18:13.400]  Michael Miras has won six cases in federal court against debt collectors, and now you
[18:13.400 --> 18:14.400]  can win, too.
[18:14.400 --> 18:19.220]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.220 --> 18:25.100]  civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer
[18:25.100 --> 18:29.640]  letters and phone calls, how to get debt collectors out of your credit report, how to turn the
[18:29.640 --> 18:33.880]  financial tables on them and make them pay you to go away.
[18:33.880 --> 18:38.680]  The Michael Miras Proven Method is the solution for how to stop debt collectors.
[18:38.680 --> 18:41.120]  Personal consultation is available as well.
[18:41.120 --> 18:46.680]  For more information, please visit RulaLawRadio.com and click on the blue Michael Miras banner
[18:46.680 --> 18:49.640]  or email MichaelMiras at Yahoo.com.
[18:49.640 --> 18:59.200]  That's RulaLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at Yahoo.com to learn how to stop debt collectors
[18:59.200 --> 19:00.200]  now.
[19:00.200 --> 19:01.200]  Well, don't let nothing get to you.
[19:01.200 --> 19:02.200]  Only the father can deliver you.
[19:02.200 --> 19:03.200]  So don't let bad mind people hurt you.
[19:03.200 --> 19:04.200]  And just sit and get behind you.
[19:04.200 --> 19:05.200]  Know what I mean?
[19:05.200 --> 19:06.200]  My friend and all of your children.
[19:06.200 --> 19:07.200]  Come on.
[19:07.200 --> 19:08.200]  Those things that hurt me for him.
[19:08.200 --> 19:09.200]  Tell him you're probably living for him.
[19:09.200 --> 19:10.200]  Calling his name once again.
[19:10.200 --> 19:11.200]  Here we go.
[19:11.200 --> 19:12.200]  You know he worth it even more.
[19:12.200 --> 19:30.200]  Those things that hurt me for him.
[19:30.200 --> 19:40.200]  Tell him you're probably living for him.
[19:40.200 --> 19:50.200]  Tell him you're probably living for him.
[19:50.200 --> 20:00.200]  Tell him you're probably living for him.
[20:00.200 --> 20:10.200]  Tell him you're probably living for him.
[20:10.200 --> 20:20.200]  Tell him you're probably living for him.
[20:20.200 --> 20:30.200]  Tell him you're probably living for him.
[20:30.200 --> 20:40.200]  Tell him you're probably living for him.
[20:40.200 --> 20:50.200]  Tell him you're probably living for him.
[20:50.200 --> 21:00.200]  Tell him you're probably living for him.
[21:00.200 --> 21:07.200]  Well, if he doesn't have any complaint about you cutting the limb off,
[21:07.200 --> 21:15.200]  I would just go to Home Depot and get me a saw with a handle on it and reach up there and saw it off.
[21:15.200 --> 21:16.200]  Yeah.
[21:16.200 --> 21:21.200]  This is the kind of thing that would be really hard to adjudicate.
[21:21.200 --> 21:26.200]  Yeah, I know. I've been battling this for the last ten years.
[21:26.200 --> 21:30.200]  Yeah, you could just have a sit-down powwow with him, too, and just say,
[21:30.200 --> 21:33.200]  Hey, would it be a real issue if we just got rid of the tree?
[21:33.200 --> 21:35.200]  I mean, is it the branches that's cracking your wall,
[21:35.200 --> 21:40.200]  or is it the fact that it's got roots growing underneath that are causing displacement of the wall?
[21:40.200 --> 21:43.200]  Oh, it's got roots causing displacement of the wall.
[21:43.200 --> 21:49.200]  I mean, it's coming underneath the...
[21:49.200 --> 21:52.200]  Well, then cutting the branches isn't doing you any good.
[21:52.200 --> 21:54.200]  No, no, no, no, it don't.
[21:54.200 --> 21:58.200]  Yeah, so I would talk to him and see if it would be agreeable to both parties
[21:58.200 --> 22:03.200]  since he's saying it's community property that, hey, if you got no big issues with this,
[22:03.200 --> 22:06.200]  I would very much like to just cut the tree up and get rid of it
[22:06.200 --> 22:11.200]  because it's the roots that's causing my problem, not the branches.
[22:11.200 --> 22:16.200]  No, I did tell him the roots of my problem are the roots.
[22:16.200 --> 22:18.200]  That's the way I told him. He don't care.
[22:18.200 --> 22:22.200]  Yeah, okay. Well, if they don't care, then I'd just take it down, Carlos.
[22:22.200 --> 22:29.200]  But now do remember that if you're cutting the roots on your side,
[22:29.200 --> 22:32.200]  the tree might start dying from that side.
[22:32.200 --> 22:35.200]  It also wouldn't have any support from that side.
[22:35.200 --> 22:41.200]  You get a good wind gust, you're liable to be toting that thing on your house.
[22:41.200 --> 22:43.200]  Yeah, and there's one other issue.
[22:43.200 --> 22:48.200]  You might want to talk to the city because they might have ordinances
[22:48.200 --> 22:51.200]  concerning cutting down living trees.
[22:51.200 --> 22:55.200]  Well, that's on the backyard.
[22:55.200 --> 22:57.200]  It's not on the front, you know.
[22:57.200 --> 23:04.200]  Yeah, but even so, some cities have ordinances against cutting existing trees.
[23:04.200 --> 23:07.200]  Yeah, you're right. I heard that before. Yes, you're right.
[23:07.200 --> 23:11.200]  Yes, you might want to check to make sure there's not a city ordinance involved.
[23:11.200 --> 23:17.200]  If that's the case, you might want to get some kind of nice, hefty little systemic poison
[23:17.200 --> 23:19.200]  and send the tree to Gaga Land.
[23:19.200 --> 23:26.200]  Yeah, some dude says, you know what, just drive in some nails from your side,
[23:26.200 --> 23:29.200]  let them rot, it'll kill the tree.
[23:29.200 --> 23:34.200]  Nails? There is an old wives tale from where I grew up
[23:34.200 --> 23:39.200]  that if you drive a nail in a tree at a certain time of the year,
[23:39.200 --> 23:44.200]  and I would suspect that would be when the sap is running in the early spring,
[23:44.200 --> 23:46.200]  that it'll kill the tree.
[23:46.200 --> 23:52.200]  But I've seen lots of trees with lots of nails in them, and they weren't dead.
[23:52.200 --> 23:58.200]  And the problem you have in California, you don't have spring.
[23:58.200 --> 24:03.200]  So I don't think the nail will do you much good.
[24:03.200 --> 24:09.200]  Well, I didn't want to approach it in that way, but I just really wanted to, you know,
[24:09.200 --> 24:13.200]  basically, this created a problem, you know, but that's besides the point.
[24:13.200 --> 24:18.200]  I'm just going to talk to them and, you know, I said, look, it really creates a big problem
[24:18.200 --> 24:23.200]  because it floods my pool with those little leaves, and you can't use it.
[24:23.200 --> 24:28.200]  But anyways, seems like a good idea.
[24:28.200 --> 24:32.200]  Well, take a baseball bat over there and tell him that if you don't cut that tree down,
[24:32.200 --> 24:35.200]  I'll use this bat on you.
[24:35.200 --> 24:40.200]  I'm going to tell him, if you don't cut those limbs, I'm going to cut your limbs.
[24:40.200 --> 24:45.200]  That might not work either.
[24:45.200 --> 24:51.200]  Short of that, you might want to get a little excavation under your wall to clear the roots
[24:51.200 --> 24:57.200]  and get a bigger leaf skimmer for your pool.
[24:57.200 --> 25:02.200]  You know, I started doing that, but they're like arteries, you know.
[25:02.200 --> 25:07.200]  There's so many of them, you know.
[25:07.200 --> 25:09.200]  What kind of tree is this?
[25:09.200 --> 25:11.200]  It's a pepper tree.
[25:11.200 --> 25:13.200]  A pepper tree?
[25:13.200 --> 25:16.200]  Yeah, it's a useless pepper tree.
[25:16.200 --> 25:20.200]  Oh, okay, so it doesn't have any redeeming values?
[25:20.200 --> 25:22.200]  No.
[25:22.200 --> 25:26.200]  Well, you might want to just cut it down.
[25:26.200 --> 25:28.200]  Yeah, yeah, that's what I'm going to tell my wife.
[25:28.200 --> 25:31.200]  You know what, just write me a big letter and I'll cut it off.
[25:31.200 --> 25:33.200]  Can I jump to another question?
[25:33.200 --> 25:37.200]  Certainly.
[25:37.200 --> 25:41.200]  For how long does a lesspending stick?
[25:41.200 --> 25:45.200]  It lesspends as long as the claim exists.
[25:45.200 --> 25:49.200]  Essentially, it will stay as long as it's in the record.
[25:49.200 --> 25:52.200]  Okay, well, who's going to take it off?
[25:52.200 --> 25:56.200]  Someone would have to move to have it taken out.
[25:56.200 --> 26:00.200]  It would not be removed just by itself, right?
[26:00.200 --> 26:02.200]  Not that I know of.
[26:02.200 --> 26:08.200]  There might possibly be some provision, but I've never heard of one
[26:08.200 --> 26:13.200]  where a lesspendence would have a certain amount of time,
[26:13.200 --> 26:15.200]  like it would have to be renewed.
[26:15.200 --> 26:18.200]  But I've never heard of such a thing.
[26:18.200 --> 26:19.200]  Yeah.
[26:19.200 --> 26:22.200]  Bring me a question I wanted to ask.
[26:22.200 --> 26:26.200]  How is this going with your issue so far?
[26:26.200 --> 26:27.200]  On which one?
[26:27.200 --> 26:28.200]  On this one, Aaron?
[26:28.200 --> 26:29.200]  Right there?
[26:29.200 --> 26:30.200]  Yes.
[26:30.200 --> 26:36.200]  I'm going for the case management because the servicing companies show up.
[26:36.200 --> 26:38.200]  Okay.
[26:38.200 --> 26:45.200]  Have you pulled all of the filings in the registrar's office?
[26:45.200 --> 26:46.200]  No.
[26:46.200 --> 26:48.200]  Do that.
[26:48.200 --> 26:49.200]  Okay.
[26:49.200 --> 26:55.200]  And ask the registrar, where are records kept concerning properties
[26:55.200 --> 26:58.200]  or notes securing properties?
[26:58.200 --> 27:04.200]  For instance, where do you register the sale of a security instrument
[27:04.200 --> 27:09.200]  based on a mortgage transaction?
[27:09.200 --> 27:14.200]  In Travis County, there's seven different places where the registrar keeps records.
[27:14.200 --> 27:17.200]  Collect all of the records.
[27:17.200 --> 27:20.200]  Take them to a private investigator.
[27:20.200 --> 27:24.200]  They don't keep them behind them.
[27:24.200 --> 27:26.200]  This is public record.
[27:26.200 --> 27:29.200]  Still, they've been hidden.
[27:29.200 --> 27:30.200]  No, wait a minute.
[27:30.200 --> 27:33.200]  You're saying that the registrar's office,
[27:33.200 --> 27:39.200]  that office where the public records are filed, hides the public records?
[27:39.200 --> 27:40.200]  Yes.
[27:40.200 --> 27:45.200]  File criminal charges against the registrar?
[27:45.200 --> 27:53.200]  Because the property, that particular property, they already have any,
[27:53.200 --> 27:55.200]  they're trying to sell it.
[27:55.200 --> 27:57.200]  They have an open house.
[27:57.200 --> 27:58.200]  Wait a minute.
[27:58.200 --> 27:59.200]  Listen.
[27:59.200 --> 28:01.200]  I assume it's still been stolen.
[28:01.200 --> 28:07.200]  What does that have to do with hiding public records?
[28:07.200 --> 28:10.200]  Because I went searching for some records.
[28:10.200 --> 28:13.200]  I couldn't see nothing.
[28:13.200 --> 28:18.200]  I can find the list pendants.
[28:18.200 --> 28:19.200]  Wait a minute.
[28:19.200 --> 28:27.200]  There's no, does California not keep a record of who owns every piece of property
[28:27.200 --> 28:30.200]  and every sale of that property?
[28:30.200 --> 28:35.200]  How would you do a title search in California?
[28:35.200 --> 28:37.200]  I don't know.
[28:37.200 --> 28:39.200]  We need to get you to talk to Lene.
[28:39.200 --> 28:41.200]  She knows how to do all of that.
[28:41.200 --> 28:48.200]  You need to find the filings of any liens against the property.
[28:48.200 --> 28:54.200]  You need to find the records of the filing of the security instrument.
[28:54.200 --> 28:57.200]  You need to know what is required to be filed in California,
[28:57.200 --> 28:59.200]  where it's required to be filed.
[28:59.200 --> 29:03.200]  Get those records because if you can get the records,
[29:03.200 --> 29:08.200]  give them to a private investigator and have him check the signatures on them
[29:08.200 --> 29:12.200]  and you find that the signatures are not who they said they are,
[29:12.200 --> 29:16.200]  you can move the court to strike the record.
[29:16.200 --> 29:19.200]  And that cuts the bank off at the knees.
[29:19.200 --> 29:29.200]  Then you can go in for a fraudulent foreclosure and overturn the foreclosure.
[29:29.200 --> 29:34.200]  This property supposedly is being bought by a private investor?
[29:34.200 --> 29:36.200]  We don't care who bought it.
[29:36.200 --> 29:37.200]  Okay, we're about to go to break.
[29:37.200 --> 29:40.200]  Let me talk about this when we come back on the other side.
[29:40.200 --> 29:45.200]  There may be a way to get all of that turned over and get the foreclosure thrown out.
[29:45.200 --> 29:48.200]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio.
[29:48.200 --> 29:53.200]  Our call-in number is 512-646-1984.
[29:53.200 --> 29:59.200]  Call us, our call board is open, and we'll be right back on the other side.
[29:59.200 --> 30:00.200]  I lost my son.
[30:00.200 --> 30:01.200]  My nephew.
[30:01.200 --> 30:02.200]  My uncle.
[30:02.200 --> 30:03.200]  My son.
[30:03.200 --> 30:04.200]  On September 11, 2001.
[30:04.200 --> 30:08.200]  Most people don't know that a third tower fell on September 11.
[30:08.200 --> 30:12.200]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[30:12.200 --> 30:16.200]  Although the official explanation is that fire brought down Building 7.
[30:16.200 --> 30:20.200]  Over 1,200 architects and engineers have looked into the evidence.
[30:20.200 --> 30:22.200]  And believe there is more to the story.
[30:22.200 --> 30:23.200]  Bring justice to my son.
[30:23.200 --> 30:24.200]  My uncle.
[30:24.200 --> 30:25.200]  My nephew.
[30:25.200 --> 30:26.200]  My son.
[30:26.200 --> 30:27.200]  Go to buildingwhat.org.
[30:27.200 --> 30:32.200]  Why it fell, why it matters, and what you can do.
[30:32.200 --> 30:38.200]  Bands on smoking in public places have spawned a new way to light up the electronic cigarette.
[30:38.200 --> 30:40.200]  Proponents claim they're safe, but are they?
[30:40.200 --> 30:44.200]  I'm Dr. Catherine Albrecht, and I'll be back in just a moment with smoking-hot information
[30:44.200 --> 30:46.200]  on substitute smokes.
[30:46.200 --> 30:48.200]  Privacy is under attack.
[30:48.200 --> 30:52.200]  When you give up data about yourself, you'll never get it back again.
[30:52.200 --> 30:56.200]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
[30:56.200 --> 31:02.200]  So protect your rights, say no to surveillance, and keep your information to yourself.
[31:02.200 --> 31:04.200]  Privacy, it's worth hanging onto.
[31:04.200 --> 31:08.200]  This public service announcement is brought to you by StartPage.com,
[31:08.200 --> 31:12.200]  the private search engine alternative to Google, Yahoo, and Bing.
[31:12.200 --> 31:15.200]  Start over with StartPage.
[31:15.200 --> 31:21.200]  Smokers are lighting up again in public places with battery-powered cigarettes nicknamed e-cigarettes.
[31:21.200 --> 31:25.200]  They look like traditional cigarettes, and some even have a glowing tip.
[31:25.200 --> 31:27.200]  But they don't blow smoke, they emit a vapor.
[31:27.200 --> 31:30.200]  Some states have banned e-cigarettes, and for good reason.
[31:30.200 --> 31:34.200]  While marketers claim the substitutes are harmless to smokers and those around them,
[31:34.200 --> 31:36.200]  the evidence suggests otherwise.
[31:36.200 --> 31:41.200]  In 2009, the U.S. Food and Drug Administration noted that e-cigarette cartridges
[31:41.200 --> 31:44.200]  usually contain nicotine and a variety of chemicals.
[31:44.200 --> 31:47.200]  Not only are they addictive, some of those chemicals are toxic.
[31:47.200 --> 31:51.200]  One of them is diethylene glycol, an ingredient used in antifreeze.
[31:51.200 --> 31:53.200]  And that's not cool.
[31:53.200 --> 31:55.200]  I'm Dr. Catherine Albrecht.
[31:55.200 --> 32:07.200]  Find out more information at CatherineAlbrecht.com.
[32:26.200 --> 32:31.200]  Okay, this is Randy McElphin, Deborah Stevens, Eddie Craig, Will Laredo.
[32:31.200 --> 32:35.200]  We're talking to Claudio in California.
[32:35.200 --> 32:39.200]  And, Claudio, this is a real important issue.
[32:39.200 --> 32:43.200]  We need to find all of the records on this property.
[32:43.200 --> 32:48.200]  Every state keeps records of all of the sales of property.
[32:48.200 --> 32:51.200]  They have to.
[32:51.200 --> 32:56.200]  The only way you're able to sell property is if you can trace the ownership,
[32:56.200 --> 33:03.200]  the claims against the property, all the way back to the original land grants.
[33:03.200 --> 33:07.200]  That way, a person can buy the property and be relatively sure
[33:07.200 --> 33:11.200]  that there's not a hidden claim against it somewhere.
[33:11.200 --> 33:18.200]  So they have to have records of all of the transfers of ownership
[33:18.200 --> 33:22.200]  or all the transfers of claims against this property.
[33:22.200 --> 33:27.200]  Absolutely cannot be secret.
[33:27.200 --> 33:36.200]  If that were the case, nobody in their right mind would ever purchase property in California.
[33:36.200 --> 33:39.200]  So it has to be there somewhere.
[33:39.200 --> 33:42.200]  Have you ever searched for it?
[33:42.200 --> 33:44.200]  No, not exactly, no.
[33:44.200 --> 33:47.200]  Absolutely go down and do that.
[33:47.200 --> 33:53.200]  Because if they have filed documents with the county court's office,
[33:53.200 --> 33:58.200]  and these documents have used robo-signers,
[33:58.200 --> 34:09.200]  then, like we had one here where the affidavit the bank used to claim authority to foreclose
[34:09.200 --> 34:11.200]  was signed by someone.
[34:11.200 --> 34:14.200]  They gave the document to the private investigator.
[34:14.200 --> 34:21.200]  He ran the name, found five aliases, two Social Security numbers.
[34:21.200 --> 34:28.200]  Those two Social Security numbers is enough to put the person in federal penitentiary for ten years,
[34:28.200 --> 34:34.200]  certainly enough to show that she's not a vice president of one of these banks.
[34:34.200 --> 34:41.200]  If you can find something of that nature, then you go to the local court
[34:41.200 --> 34:44.200]  and show your evidence to the local court.
[34:44.200 --> 34:51.200]  This is an ex parte remedy to correct false filings in the court record.
[34:51.200 --> 35:00.200]  Every state is going to have a mechanism for making corrections to the public record
[35:00.200 --> 35:03.200]  in case somebody goes in and files a false document.
[35:03.200 --> 35:09.200]  If you can go in and prove it's false, then you can go in and get the court to render it void.
[35:09.200 --> 35:16.200]  If you can get that done, then you can go back to the court and show that the foreclosure was invalid.
[35:16.200 --> 35:22.200]  We are getting a lot of traction on this in the courts as we speak.
[35:22.200 --> 35:25.200]  The tide is changing big time.
[35:25.200 --> 35:36.200]  We just had another court throw out a foreclosure because the banks did not show that they had standing to foreclose.
[35:36.200 --> 35:41.200]  This was a case, I haven't had time to read it yet, but Jeff Sadduck said it to me,
[35:41.200 --> 35:48.200]  and he said this thing walks down everything we have been claiming from start to finish,
[35:48.200 --> 35:51.200]  and the courts upheld every bit of it.
[35:51.200 --> 35:54.200]  The courts are beginning to rule in our favor.
[35:54.200 --> 35:58.200]  It's time you went back in and found this information.
[35:58.200 --> 36:05.200]  If you can get those documents shown to be false, then the foreclosure built on top of those documents,
[36:05.200 --> 36:07.200]  is equally false.
[36:07.200 --> 36:12.200]  Now you get to go back there and sue them for wrongful foreclosure
[36:12.200 --> 36:17.200]  and all of the stress and difficulty it put you through.
[36:17.200 --> 36:20.200]  And here's the point about that.
[36:20.200 --> 36:23.200]  It doesn't matter if you owed them or not.
[36:23.200 --> 36:29.200]  If they didn't have the right to foreclose in this particular instance,
[36:29.200 --> 36:34.200]  all the harm that accrued to you, they're liable for.
[36:34.200 --> 36:40.200]  They may be able to come back with proper documentation and foreclose later,
[36:40.200 --> 36:47.200]  but this foreclosure will be legal and all the harm will be harm accrued to you that you get to sue them for.
[36:47.200 --> 36:53.200]  And you may get to claim enough that they'll write you quiet titles to get you to go away.
[36:53.200 --> 36:56.200]  That's my story and I'm sticking to it.
[36:56.200 --> 36:58.200]  Okay.
[36:58.200 --> 37:05.200]  Well, the affirming of the deed of trust was done by an officer of MERS,
[37:05.200 --> 37:10.200]  which in fact is not an officer of MERS, it's an employee of NDE West.
[37:10.200 --> 37:16.200]  Okay, well that they can do because MERS was appointing officers of the banks,
[37:16.200 --> 37:25.200]  but you have all the case law against MERS showing that MERS had no authority to foreclose in the first place.
[37:25.200 --> 37:27.200]  This had no interest in the property.
[37:27.200 --> 37:29.200]  Okay.
[37:29.200 --> 37:39.200]  We've got a number of cases on those and two of those are out of San Diego Bankruptcy Court there in California last year, two of the major cases.
[37:39.200 --> 37:46.200]  If you'll send me an email, I'll gather up some of my research on this subject and get it back to you.
[37:46.200 --> 37:52.200]  Do you remember any names on that, Tom, or I can Google that right now?
[37:52.200 --> 38:00.200]  If I can go into my email, I can find one. I just got one recently.
[38:00.200 --> 38:03.200]  This came from Jeff Sedgwick.
[38:03.200 --> 38:06.200]  Jeff sends me a lot of good emails.
[38:06.200 --> 38:08.200]  I shouldn't remember the name of the case.
[38:08.200 --> 38:18.200]  I've been working on the Federal American Bar Association standards.
[38:18.200 --> 38:26.200]  These are federal standards that 47 states have adopted.
[38:26.200 --> 38:31.200]  So they're pretty well generic across the states and even the ones that haven't adopted them,
[38:31.200 --> 38:43.200]  Wisconsin and two other states, adopted their own set of rules that were close to the federal standards anyway.
[38:43.200 --> 39:03.200]  This will give us a general set of forms, a general set of complaints so that we can go after the attorneys.
[39:03.200 --> 39:19.200]  This is one of the latest ones.
[39:19.200 --> 39:26.200]  I haven't been through it yet, but you need to look at the cases that have been brought lately.
[39:26.200 --> 39:31.200]  We've been getting rulings in our favor more and more.
[39:31.200 --> 39:39.200]  So you may have a good shot at getting the foreclosure overturned.
[39:39.200 --> 39:43.200]  Well, let me backtrack a little.
[39:43.200 --> 39:53.200]  On that property that's already been sold, the one I'm suing the servicer and the trustee company,
[39:53.200 --> 40:04.200]  that's the one I filed this pendants. Some private investor bought the property and he's got it for sale right now.
[40:04.200 --> 40:07.200]  You need to file suit against the investor.
[40:07.200 --> 40:15.200]  We filed an amended pleading to name the investor as well because there was a less pendants and he is not a bona fide purchaser.
[40:15.200 --> 40:17.200]  Okay.
[40:17.200 --> 40:19.200]  That's a good idea.
[40:19.200 --> 40:23.200]  So I got grounds to sue the investor.
[40:23.200 --> 40:26.200]  Yes, he had knowledge of the less pendants.
[40:26.200 --> 40:43.200]  Then the claim you make against the bank will extend to this person as attempting to exact the ultimate harm of the fraud you claim against the bank.
[40:43.200 --> 40:51.200]  At this position, do I have grounds to file a quiet title?
[40:51.200 --> 41:06.200]  If you can show that the filing documents in the county record are invalid, you move for quiet title against these individuals.
[41:06.200 --> 41:08.200]  I can prove that.
[41:08.200 --> 41:11.200]  Then move for quiet title against these people.
[41:11.200 --> 41:21.200]  You can't say that you did sign a note, so you can't say there are no claims out there, just this guy doesn't have one.
[41:21.200 --> 41:30.200]  So from your point of view, the property is being sold, is being bought by a private investor, I filed this pendants.
[41:30.200 --> 41:33.200]  Where does he stand from your point of view?
[41:33.200 --> 41:36.200]  He has no standing.
[41:36.200 --> 41:43.200]  If you show that the foreclosure was void, then he has no standing whatsoever.
[41:43.200 --> 41:47.200]  Property comes back to you and he has no claim.
[41:47.200 --> 41:56.200]  If he puts a million dollars in upgrades on it, he loses everything, he has no claim.
[41:56.200 --> 42:06.200]  He put some money in there, the property looks great and they're showing him the property.
[42:06.200 --> 42:12.200]  He can lose everything he put into it.
[42:12.200 --> 42:19.200]  That's what they say about when you buy at a foreclosure sale, you purchase at your peril.
[42:19.200 --> 42:26.200]  If there are any claims against the property, you're stuck, you have no standing.
[42:26.200 --> 42:33.200]  If you have a claim, you have it against the person who sold to you, you don't have it against the original owner.
[42:33.200 --> 42:40.200]  Let's say tomorrow some private party is interested in the property and they want to buy the property.
[42:40.200 --> 42:44.200]  They're going to run a property profile, right?
[42:44.200 --> 42:45.200]  Yes.
[42:45.200 --> 42:47.200]  And the listings are going to pop up, right?
[42:47.200 --> 42:50.200]  Yes, absolutely.
[42:50.200 --> 42:53.200]  And they're considered to know.
[42:53.200 --> 42:59.200]  What the case law said, if you're on the courthouse steps at 830, waiting to purchase,
[42:59.200 --> 43:09.200]  and someone files a less pendants at 9 o'clock when the clerk opens, and you buy the property at 905, you have notice.
[43:09.200 --> 43:16.200]  The less pendants is properly filed and the court assumes that you had notice of the filing.
[43:16.200 --> 43:27.200]  So the less pendants will make whoever purchases the property not a bona fide purchaser for the purpose of why I tied it.
[43:27.200 --> 43:29.200]  So that should cover me.
[43:29.200 --> 43:32.200]  Okay, we're about to go to break.
[43:32.200 --> 43:33.200]  Okay.
[43:33.200 --> 43:34.200]  Do you have any other questions, Claudia?
[43:34.200 --> 43:36.200]  Yes, I have one more.
[43:36.200 --> 43:37.200]  Okay.
[43:37.200 --> 43:39.200]  We'll hold you over to the other side.
[43:39.200 --> 43:43.200]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[43:43.200 --> 43:49.200]  Our call-in number is 512-646-1984.
[43:49.200 --> 44:14.200]  We'll be right back on the other side.
[44:19.200 --> 44:48.200]  Thank you.
[44:48.200 --> 45:02.200]  Hey, did you hear?
[45:02.200 --> 45:04.200]  Ron Paul has announced he's running for president in 2012.
[45:04.200 --> 45:05.200]  Who's Ron Paul?
[45:05.200 --> 45:06.200]  Really?
[45:06.200 --> 45:08.200]  Okay, put down the cell phone for one minute.
[45:08.200 --> 45:11.200]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.200 --> 45:14.200]  Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.200 --> 45:15.200]  Of course you do.
[45:15.200 --> 45:21.200]  Now listen closely, you need to go down to Brave New Books and learn as much as you can about Ron Paul and his message before it's too late.
[45:21.200 --> 45:24.200]  They have all of his books and many of the books he talks about.
[45:24.200 --> 45:29.200]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support for him during the campaign.
[45:29.200 --> 45:30.200]  Brave New Books?
[45:30.200 --> 45:32.200]  Do they have Harry Potter and Twilight?
[45:32.200 --> 45:38.200]  No, but they do carry a large selection of survival and preparedness books to protect your family in time of emergency.
[45:38.200 --> 45:40.200]  That sounds like that show in the Discovery Channel.
[45:40.200 --> 45:47.200]  Yeah, there's even a wilderness survival expert that teaches classes called Earth Skills School that you can sign up for on the website bravenewbookstore.com.
[45:47.200 --> 45:48.200]  What are you doing?
[45:48.200 --> 45:53.200]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the bookstore in person.
[45:53.200 --> 45:54.200]  Where's it located?
[45:54.200 --> 45:56.200]  1904 Guadalupe Street.
[45:56.200 --> 45:57.200]  There, it's sent.
[45:57.200 --> 45:58.200]  I even made a smiley face.
[45:58.200 --> 46:14.200]  Great.
[46:14.200 --> 46:29.200]  Always, I must be careful what I'm wishing for.
[46:29.200 --> 46:34.200]  When I'm hungry, I like to know just what I'm fishing for.
[46:34.200 --> 46:40.200]  I ain't asking for much, I ain't trying to be no glutton.
[46:40.200 --> 46:46.200]  I'm just here making my living, pushing buttons.
[46:46.200 --> 46:52.200]  I get my message out to anyone in shouting distance.
[46:52.200 --> 46:57.200]  I vote for bravery and against slavery, showing resistance.
[46:57.200 --> 47:00.200]  First I'm crawling, then I'm walking.
[47:00.200 --> 47:02.200]  OK, we're back.
[47:02.200 --> 47:10.200]  We're back.
[47:10.200 --> 47:13.200]  We're talking to Claudio in California.
[47:13.200 --> 47:18.200]  And, Claudio, you had another question for us.
[47:18.200 --> 47:22.200]  Am I taking too much time?
[47:22.200 --> 47:26.200]  No, we're a little short of college tonight, so we can give you some extra time.
[47:26.200 --> 47:29.200]  OK, thank you very much for that.
[47:29.200 --> 47:34.200]  We are so open with time, we would even talk to Carlos.
[47:34.200 --> 47:36.200]  That's how desperate we are for Carlos.
[47:36.200 --> 47:40.200]  You have a problem with me because you're calling me Carlos every time, you know.
[47:40.200 --> 47:43.200]  You're going to be in trouble when you see me.
[47:43.200 --> 47:47.200]  OK, you had another question.
[47:47.200 --> 47:49.200]  I don't mind being called Carlos.
[47:49.200 --> 47:52.200]  The only thing I mind is because he's uglier than me.
[47:52.200 --> 47:56.200]  I was starting to say, you're prettier than Carlos.
[47:56.200 --> 48:01.200]  Listen, so right now we're at the case management.
[48:01.200 --> 48:06.200]  And for the second consecutive time, the servicing company hasn't showed up.
[48:06.200 --> 48:10.200]  So the judge said, so what's going on?
[48:10.200 --> 48:19.200]  So the judge orders the servicing company through the trustee company.
[48:19.200 --> 48:24.200]  The judge says they need to show cause when they're not showing up here.
[48:24.200 --> 48:26.200]  They haven't shown up for the list.
[48:26.200 --> 48:32.200]  And he says, Mr. Aguirre, which is me, he says, I'm prepared.
[48:32.200 --> 48:36.200]  And he told the attorney for the trustee company.
[48:36.200 --> 48:42.200]  He says, you've got to let them know that they've got to come here.
[48:42.200 --> 48:46.200]  So he says, yes, your honor, I would let them know.
[48:46.200 --> 48:53.200]  And the judge asked the attorney for the trustee company, which is NDE West.
[48:53.200 --> 48:58.200]  He says, are you representing American Servicing Company and NDE West?
[48:58.200 --> 48:59.200]  Or who are you representing?
[48:59.200 --> 49:02.200]  He says, I'm not sure.
[49:02.200 --> 49:04.200]  Is that possible?
[49:04.200 --> 49:05.200]  Wait a minute.
[49:05.200 --> 49:08.200]  The attorney wasn't sure who he was representing?
[49:08.200 --> 49:16.200]  The attorney wasn't sure if he was representing only one or two.
[49:16.200 --> 49:17.200]  That's interesting.
[49:17.200 --> 49:19.200]  They must not take this case very serious.
[49:19.200 --> 49:23.200]  I mean, she should know, right?
[49:23.200 --> 49:24.200]  I would think so.
[49:24.200 --> 49:26.200]  Yes.
[49:26.200 --> 49:42.200]  You need to go to bargrievance.net and click on the American Bar Association standards link I've got there.
[49:42.200 --> 49:48.200]  I don't have all of the outlining or the table of contents yet.
[49:48.200 --> 49:52.200]  But kind of walk down through those questions.
[49:52.200 --> 49:56.200]  You will find a lot on this very issue.
[49:56.200 --> 50:04.200]  Just kind of walk down and I'd appreciate if you'd do that and let me know how it works.
[50:04.200 --> 50:15.200]  I've taken the standards and turned them into questions so that it's easier for you to go through it rather than just trying to read code.
[50:15.200 --> 50:19.200]  You just read questions and, you know, yeah, that applies.
[50:19.200 --> 50:21.200]  No, it doesn't.
[50:21.200 --> 50:22.200]  Walk down it.
[50:22.200 --> 50:35.200]  I think you'll find some interesting stuff on the level of care the attorney has to bring to the court and give you a shot at grieving that attorney for coming into court,
[50:35.200 --> 50:40.200]  wasting your time at coming down to the court and wasting the court's time.
[50:40.200 --> 50:44.200]  And she don't know what she's doing there.
[50:44.200 --> 50:50.200]  How can she represent the clients when she don't know which one she's representing or if she's representing one?
[50:50.200 --> 50:57.200]  And if she is representing one, there's a lot of restrictions on who she can represent and who she can't.
[50:57.200 --> 51:04.200]  She was supposed to know that she was her actions were improper.
[51:04.200 --> 51:06.200]  They wasted your time, cost you money.
[51:06.200 --> 51:10.200]  You should file a grievance against her and ask for sanctions.
[51:10.200 --> 51:15.200]  It sounds like the judge may be in a sanction mood.
[51:15.200 --> 51:16.200]  Yes.
[51:16.200 --> 51:17.200]  Yes.
[51:17.200 --> 51:19.200]  It seems that way.
[51:19.200 --> 51:29.200]  So when I filed the complaint, I served the civilian company and I received a letter from the attorney for the civilian company.
[51:29.200 --> 51:37.200]  He claims that I did submit a return envelope and some of the things and that I have not served them.
[51:37.200 --> 51:40.200]  So the judge asked me, have you served them?
[51:40.200 --> 51:41.200]  Yes.
[51:41.200 --> 51:42.200]  And I got proof.
[51:42.200 --> 51:43.200]  I got a return receipt.
[51:43.200 --> 51:44.200]  I got everything.
[51:44.200 --> 51:45.200]  OK, fine.
[51:45.200 --> 51:52.200]  So the so the attorney, the law firm for the for the civilian company, they just ignore everything.
[51:52.200 --> 51:56.200]  But I got proof that they've been served.
[51:56.200 --> 51:58.200]  So that should play on my favor.
[51:58.200 --> 52:00.200]  Ask for sanctions.
[52:00.200 --> 52:12.200]  Yes, sir. Their claim was frivolous and there is a standard in there that bars them from making a frivolous claim intended to just to mislead the court.
[52:12.200 --> 52:16.200]  It's a section on candor to the court.
[52:16.200 --> 52:31.200]  OK, so so the judge said the judge told the attorney for the for the foreclosing company says, I want you to notify the civilian company that they're going to come in July 7th.
[52:31.200 --> 52:34.200]  He says, oh, Mr. Gears are proper and I want you.
[52:34.200 --> 52:36.200]  She didn't like that.
[52:36.200 --> 52:39.200]  She she jumped out of the courtroom of real stuff.
[52:39.200 --> 52:43.200]  So but, you know, that that's the judge's suggestion.
[52:43.200 --> 52:53.200]  But one thing you find the judges, they think of themselves as being very important and always keep that in mind.
[52:53.200 --> 52:56.200]  Don't screw with them too much.
[52:56.200 --> 52:58.200]  And one thing you don't lie to them.
[52:58.200 --> 53:02.200]  They get real excited about it when you lie to them.
[53:02.200 --> 53:08.200]  And if they tell you to be there and you don't show up, they take that as an insult.
[53:08.200 --> 53:11.200]  Like you don't think I'm very important.
[53:11.200 --> 53:15.200]  You just how important I am.
[53:15.200 --> 53:19.200]  She the judge requested the citizen company.
[53:19.200 --> 53:22.200]  To show cause for not for not appearing.
[53:22.200 --> 53:26.200]  That's that's a threat that she's about to sanction them.
[53:26.200 --> 53:34.200]  So I bet you that they're not going to respond because this attorney for the for the company, he's he's he thinks he's better than us.
[53:34.200 --> 53:37.200]  What do you think about that? I bet he doesn't.
[53:37.200 --> 53:44.200]  I bet he doesn't. Hey, he's concerned, you know, that the sky has been falling in on these guys lately.
[53:44.200 --> 53:57.200]  And if he's done some shenanigans, he's probably considers it to be less dangerous to get a default against him.
[53:57.200 --> 54:02.200]  That to come down and risk getting more serious things against him.
[54:02.200 --> 54:04.200]  So he's probably using a strategy.
[54:04.200 --> 54:12.200]  Yes, if he's and that would be for me, that would be indication that this guy's done some screwing around.
[54:12.200 --> 54:14.200]  I would really want to look at his paperwork.
[54:14.200 --> 54:22.200]  If you have anything, anything that has been signed showing that they have authority to foreclose,
[54:22.200 --> 54:29.200]  get that to a private investigator so he can run the name and see what he comes up with.
[54:29.200 --> 54:39.200]  OK. Well, because I think because the guy here like a hundred and a quarter and he run these names and he came back with dynamite.
[54:39.200 --> 54:43.200]  So you may wind up finding the same thing.
[54:43.200 --> 54:49.200]  It's certainly worth a shot, especially get down to the court and pull all the documents they filed.
[54:49.200 --> 54:53.200]  And you might do some. Have you done any discovery yet?
[54:53.200 --> 55:00.200]  That's that was my next question. At what point? Because right now I'm on a case management.
[55:00.200 --> 55:04.200]  And so I was considering, you know, laboratories or discovery.
[55:04.200 --> 55:09.200]  OK, right now, is there a Rule 12 motion before the court?
[55:09.200 --> 55:11.200]  No.
[55:11.200 --> 55:16.200]  Oh, good. Then get your discovery in.
[55:16.200 --> 55:17.200]  OK.
[55:17.200 --> 55:28.200]  Get it in quickly. You primarily want to see, OK, you haven't made a claim based on the fees charged, have you?
[55:28.200 --> 55:30.200]  No, no, no, no, no.
[55:30.200 --> 55:34.200]  What are the basis of the causes of action you've claimed?
[55:34.200 --> 55:37.200]  I have it here in front of me and somewhere here.
[55:37.200 --> 55:42.200]  Basically, the first cause of action is unlawful closure.
[55:42.200 --> 55:44.200]  OK. That's not a cause of action.
[55:44.200 --> 55:48.200]  So you mean whatever stayed on my page?
[55:48.200 --> 55:52.200]  The unlawful foreclosure would have to be something else.
[55:52.200 --> 56:03.200]  Fraud, a tort, or most likely you'd need a tort that caused the foreclosure to be unlawful.
[56:03.200 --> 56:07.200]  Violation of California Civil Code 2923.6.
[56:07.200 --> 56:10.200]  That'll do it. OK.
[56:10.200 --> 56:11.200]  And what else?
[56:11.200 --> 56:18.200]  Violation of Business and Professional Code 17200.
[56:18.200 --> 56:22.200]  Which Business and Professional Code?
[56:22.200 --> 56:25.200]  17200.
[56:25.200 --> 56:29.200]  What does that go to? That's familiar.
[56:29.200 --> 56:30.200]  Are you asking me?
[56:30.200 --> 56:34.200]  Yeah, yeah. What does that go to?
[56:34.200 --> 56:36.200]  As far as what?
[56:36.200 --> 56:38.200]  I'm looking for the nature of the claim.
[56:38.200 --> 56:41.200]  OK. Well, no, I just got this plea from Carlos.
[56:41.200 --> 56:44.200]  So if you're asking me, I'm going to ask Carlos.
[56:44.200 --> 56:46.200]  OK. We don't want to talk about Carlos.
[56:46.200 --> 56:49.200]  He's too ugly to get on our show anyway.
[56:49.200 --> 56:51.200]  No, I'm looking at the nature of the claims.
[56:51.200 --> 56:59.200]  You might want to look at amended depleting to include claims of false fees.
[56:59.200 --> 57:03.200]  Then you can demand all of the receipts for all of the disbursements.
[57:03.200 --> 57:06.200]  You'll find false fees in there.
[57:06.200 --> 57:12.200]  I have yet to ever get any bank to try to prove up the fees,
[57:12.200 --> 57:15.200]  because they know there are false ones in there, and that's fraud.
[57:15.200 --> 57:18.200]  That's a major claim.
[57:18.200 --> 57:31.200]  That is a claim that the bank can give you to keep them from getting a ruling on the lack of title.
[57:31.200 --> 57:34.200]  They don't want bad rulings on the title issue.
[57:34.200 --> 57:41.200]  But if they can back out and give you a claim based on a mistake, an accounting error,
[57:41.200 --> 57:50.200]  and, oops, we charged you a false fee, yeah, that grounds to revoke the contract,
[57:50.200 --> 57:52.200]  and, yeah, we'll make you a deal.
[57:52.200 --> 57:57.200]  They don't have to make any admissions as to the real elephant in the corner.
[57:57.200 --> 58:00.200]  Never back a bulldog in the corner unless you give him a way out.
[58:00.200 --> 58:03.200]  And the false fees are the way out.
[58:03.200 --> 58:05.200]  I have one more question, and I'll let you go.
[58:05.200 --> 58:07.200]  Okay, one more question on the other side.
[58:07.200 --> 58:08.200]  Okay, go right now.
[58:08.200 --> 58:13.200]  We've got about a little less than a minute.
[58:13.200 --> 58:14.200]  Go quickly.
[58:14.200 --> 58:16.200]  Ask me quickly, and I'll think about it on the break.
[58:16.200 --> 58:17.200]  Okay.
[58:17.200 --> 58:21.200]  Am I at the point where I can ask a request for admission?
[58:21.200 --> 58:23.200]  Yes, absolutely.
[58:23.200 --> 58:24.200]  Okay.
[58:24.200 --> 58:27.200]  We'll get to, we'll talk about discovery on the other side.
[58:27.200 --> 58:28.200]  Okay.
[58:28.200 --> 58:33.200]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Uli La Radio.
[58:33.200 --> 58:36.200]  This is our four-hour info marathon.
[58:36.200 --> 58:38.200]  We've got one hour left.
[58:38.200 --> 58:41.200]  I see Doug and Gerald on the call board.
[58:41.200 --> 58:43.200]  I'll get to you when we come back on the other side.
[58:43.200 --> 58:46.200]  We've got one more question for Claudio.
[58:46.200 --> 58:51.200]  We're giving Claudio extra time because he didn't bring his brother on to annoy us.
[58:51.200 --> 58:52.200]  Thank you.
[58:52.200 --> 58:54.200]  So we're happy about it.
[58:54.200 --> 58:55.200]  Okay.
[58:55.200 --> 58:59.200]  We'll be right back on the other side.
[58:59.200 --> 59:03.200]  The Bible remains the most popular book in the world,
[59:03.200 --> 59:07.200]  yet countless readers are frustrated because they struggle to understand it.
[59:07.200 --> 59:11.200]  Some new translations try to help by simplifying the text,
[59:11.200 --> 59:16.200]  but in the process can compromise the profound meaning of the scripture.
[59:16.200 --> 59:18.200]  Enter the recovery version.
[59:18.200 --> 59:22.200]  First, this new translation is extremely faithful and accurate,
[59:22.200 --> 59:27.200]  but the real story is the more than 9,000 explanatory footnotes.
[59:27.200 --> 59:31.200]  Difficult and profound passages are opened up in a marvelous way,
[59:31.200 --> 59:37.200]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
[59:37.200 --> 59:42.200]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:42.200 --> 59:53.200]  This comprehensive yet compact Study Bible is yours just by calling us toll-free at 1-888-551-0102
[59:53.200 --> 59:57.200]  or by ordering online at freestudybible.com.
[59:57.200 --> 01:00:00.200]  That's freestudybible.com.
[01:00:00.200 --> 01:00:04.200]  This news brief brought to you by the International News Net.
[01:00:04.200 --> 01:00:10.200]  Two high-tech machines intended to help workers at Japan's Fukushima nuclear plant malfunctioned Friday,
[01:00:10.200 --> 01:00:17.200]  including a robot making its first attempt to take important measurements in the areas too dangerous for humans.
[01:00:17.200 --> 01:00:22.200]  The other machine that failed was a drone helicopter that emergency landed on a reactor roof.
[01:00:22.200 --> 01:00:29.200]  Operator TEPCO is trying to cool three molten reactor cores and stop radiation leaks.
[01:00:29.200 --> 01:00:36.200]  The Senate Intelligence Committee is reviewing whether the CIA and the Bush White House tried to smear Juan Cole,
[01:00:36.200 --> 01:00:42.200]  a University of Michigan professor who was critical of the Bush administration's handling of the Iraq War.
[01:00:42.200 --> 01:00:46.200]  Former CIA official Glenn Carl said his supervisor asked him,
[01:00:46.200 --> 01:00:51.200]  quote, what do you think we could find out that could discredit him?
[01:00:51.200 --> 01:00:57.200]  According to documents obtained by U.S. Special Forces from the compound where it says Osama bin Laden was killed,
[01:00:57.200 --> 01:01:02.200]  the Al Qaeda leader considered changing the terror syndicate's name to improve its image.
[01:01:02.200 --> 01:01:08.200]  A letter believed written in the months before he died indicated bin Laden toyed with the name Caliphate group,
[01:01:08.200 --> 01:01:11.200]  meaning the rulership of Islam.
[01:01:11.200 --> 01:01:19.200]  A new report from the Justice Policy Institute Friday shows private prison companies' influence in government policymaking
[01:01:19.200 --> 01:01:24.200]  led to a threefold increase in prison population in the past 15 years.
[01:01:24.200 --> 01:01:31.200]  Some of the biggest companies in the private prison industry have donated over $800,000 to federal candidates since 2000,
[01:01:31.200 --> 01:01:37.200]  and a stunning $6 million to state politicians in the last five election cycles.
[01:01:37.200 --> 01:01:43.200]  The report explains, quote, private prison companies establish influential connections with policymakers,
[01:01:43.200 --> 01:01:51.200]  pitching private prisons as a lower-cost alternative and fighting policies that might reduce the use of incarceration.
[01:01:51.200 --> 01:01:57.200]  The report also points to the revolving door existing between private prison companies and the government.
[01:01:57.200 --> 01:02:03.200]  Harley Lapin, who retired as head of the Bureau of Prisons after being arrested for drunk driving,
[01:02:03.200 --> 01:02:09.200]  was recently named Chief Corrections Officer at the Corrections Corporation of America.
[01:02:11.200 --> 01:02:19.200]  Five nuclear experts killed in a plane crash in northern Russia Monday had helped design Iran's atomic facility at Bushir.
[01:02:19.200 --> 01:02:23.200]  Security forces in Russia said Thursday the Russians were among the 44 passengers killed
[01:02:23.200 --> 01:02:31.200]  when the Tupolev 134 plane broke up and caught fire on landing outside Petrozavodsk.
[01:02:31.200 --> 01:02:39.200]  No official investigation of foul play has been opened, though Iranian nuclear experts have in the past been involved in similar accidents.
[01:02:39.200 --> 01:02:45.200]  The experts have been tasked with completing construction of the plant and ensuring it would survive an earthquake.
[01:02:45.200 --> 01:02:49.200]  According to Russian security sources, there was no official suspicion of foul play,
[01:02:49.200 --> 01:02:57.200]  even though scientists working on the Iranian nuclear program had been involved in previous unexplained accidents and plane crashes.
[01:03:19.200 --> 01:03:41.200]  This is Randy Kelton with radio.
[01:03:41.200 --> 01:03:47.200]  We're back. We're talking to Karl Laude.
[01:03:47.200 --> 01:03:51.200]  I tried to find a way to work those two names together, but I couldn't get it done.
[01:03:51.200 --> 01:03:57.200]  Okay, we're talking to Claudio in California, not to be confused with Carlos.
[01:03:57.200 --> 01:04:05.200]  The problem is Carlos is not ugly. The problem is he can sing. That's the biggest problem in the family.
[01:04:05.200 --> 01:04:11.200]  And he says it in Spanish and French as well.
[01:04:11.200 --> 01:04:19.200]  Okay, when I was in California, I really enjoyed both of you guys. Okay, we had one more question.
[01:04:19.200 --> 01:04:26.200]  Okay, so is a deed of trust a contract?
[01:04:26.200 --> 01:04:34.200]  Yes, it's a contract. You have a promise to pay, which is the note,
[01:04:34.200 --> 01:04:42.200]  and the promise to pay that you gave them had no present value. It had increased future value.
[01:04:42.200 --> 01:04:48.200]  So in order to be able to enforce the deed of trust, you entered into a contract. I'm sorry.
[01:04:48.200 --> 01:05:00.200]  In order to enforce the promise in the note, you entered into a contractual agreement that if you failed to meet the requirements of the note,
[01:05:00.200 --> 01:05:08.200]  then the lender could exercise the deed of trust and foreclose on your property.
[01:05:08.200 --> 01:05:18.200]  So yes, it's a contract and it's a separate contract, but the courts have held it's very clear they're intended to be together.
[01:05:18.200 --> 01:05:34.200]  And in the landmark v. Kessler, the courts held that it is legal to bifurcate or separate the note from the deed of trust.
[01:05:34.200 --> 01:05:40.200]  It's perfectly legal to do that, but if you do do that, you create a fatal flaw.
[01:05:40.200 --> 01:05:52.200]  You have the holder of the deed of trust who has the authority to foreclose on your property in order to protect him from loss.
[01:05:52.200 --> 01:06:00.200]  The problem is he has received an accepted consideration and cannot be harmed.
[01:06:00.200 --> 01:06:05.200]  So he can have no loss. It renders the deed of trust void.
[01:06:05.200 --> 01:06:13.200]  The holder of the note has a claim against the signatory on the note, but no claim against the property.
[01:06:13.200 --> 01:06:30.200]  So if I raise that issue of a Kessler case in a state court, I'm afraid the judge is going to say, look, that's another state.
[01:06:30.200 --> 01:06:34.200]  That's a federal case and they pulled from a number of states.
[01:06:34.200 --> 01:06:35.200]  Okay.
[01:06:35.200 --> 01:06:43.200]  And no, I don't think the judge is going to say that, but if you pull landmark v. Kessler and then shepherdize it,
[01:06:43.200 --> 01:06:54.200]  you're almost certainly going to find California cases that have cited it so that you can cite the California case.
[01:06:54.200 --> 01:07:01.200]  I tend not to like to cite a case directly if I can avoid it.
[01:07:01.200 --> 01:07:07.200]  I prefer to cite a case that cited the case I wanted to.
[01:07:07.200 --> 01:07:13.200]  I'll say in this case, the court cited Kessler.
[01:07:13.200 --> 01:07:22.200]  You want to find a California court that cited landmark v. Kessler and there's a number of others.
[01:07:22.200 --> 01:07:28.200]  You probably need to do that because you have those San Diego cases.
[01:07:28.200 --> 01:07:33.200]  We can find California cases on this very issue.
[01:07:33.200 --> 01:07:38.200]  So a federal case would advise a state case?
[01:07:38.200 --> 01:07:40.200]  Yes.
[01:07:40.200 --> 01:07:42.200]  It's not controlling.
[01:07:42.200 --> 01:07:44.200]  I know it's not controlling, but they would advise it.
[01:07:44.200 --> 01:07:49.200]  Oh, yeah, they'll pay attention to a federal case, especially if it's dead on point.
[01:07:49.200 --> 01:07:58.200]  And California, when I do a search, I get more law out of California than anywhere.
[01:07:58.200 --> 01:08:05.200]  So you should have plenty of law on this subject out of California.
[01:08:05.200 --> 01:08:13.200]  If you'll send me an email to remind me, I will look in my research folders.
[01:08:13.200 --> 01:08:21.200]  I've pulled a bunch of pleadings and briefs from California and I've got quite a bit of stuff on these issues.
[01:08:21.200 --> 01:08:22.200]  Okay.
[01:08:22.200 --> 01:08:24.200]  Thank you for that.
[01:08:24.200 --> 01:08:27.200]  And I will do that.
[01:08:27.200 --> 01:08:34.200]  Now, if they're treating the antitrust like a contract.
[01:08:34.200 --> 01:08:35.200]  Yes.
[01:08:35.200 --> 01:08:44.200]  But under the statutes of fraud, they don't qualify you.
[01:08:44.200 --> 01:08:46.200]  How does it not qualify as a contract?
[01:08:46.200 --> 01:08:48.200]  No consideration?
[01:08:48.200 --> 01:08:54.200]  Well, the elements of the statutes of fraud, there have to be four elements of the statute of fraud.
[01:08:54.200 --> 01:09:01.200]  I don't remember the right plan right now, but they don't satisfy the elements of the statute of fraud.
[01:09:01.200 --> 01:09:15.200]  As far as the person's signature and the period of the contract, it doesn't fall under the statute of fraud.
[01:09:15.200 --> 01:09:22.200]  So that was my thing, filing a quiet title and using the statute of fraud.
[01:09:22.200 --> 01:09:24.200]  Are you familiar with the statute of fraud?
[01:09:24.200 --> 01:09:25.200]  No, I haven't read it.
[01:09:25.200 --> 01:09:29.200]  I've seen it cited a lot of times, but I haven't read it.
[01:09:29.200 --> 01:09:30.200]  Okay.
[01:09:30.200 --> 01:09:38.200]  Under the statute of fraud, I mean, the statutes of fraud are elements that control the contract.
[01:09:38.200 --> 01:09:42.200]  It does not have to do anything with fraud.
[01:09:42.200 --> 01:09:44.200]  That's what I understood.
[01:09:44.200 --> 01:09:47.200]  At one time, I looked for them and couldn't find them.
[01:09:47.200 --> 01:09:48.200]  Okay.
[01:09:48.200 --> 01:09:51.200]  I came across citations to them quite a bit.
[01:09:51.200 --> 01:10:03.200]  I took a little class, Carlos and I took a little class on contract law and some of the law, and they do state that the statute of fraud,
[01:10:03.200 --> 01:10:11.200]  there's certain elements and certain contracts don't have to be written, there's certain statutes.
[01:10:11.200 --> 01:10:14.200]  Where would I find the statutes of fraud?
[01:10:14.200 --> 01:10:22.200]  I kind of got the idea from trying to find them that they were more maxims of law than statutory citations.
[01:10:22.200 --> 01:10:34.200]  Well, you know, I was talking to a bank attorney and I says, how would you attack my first clothing company?
[01:10:34.200 --> 01:10:38.200]  And he says, I asked him, are you going to use the statute of fraud?
[01:10:38.200 --> 01:10:41.200]  And he didn't know what to say.
[01:10:41.200 --> 01:10:44.200]  He probably didn't know what I was talking about.
[01:10:44.200 --> 01:10:49.200]  But under the statutes of fraud, that's the elements that you have to...
[01:10:49.200 --> 01:10:52.200]  Yeah, I hear that referenced, but I haven't been able to find it.
[01:10:52.200 --> 01:10:54.200]  It's kind of like the common law.
[01:10:54.200 --> 01:10:56.200]  They talk about the common law, I haven't been able to find it.
[01:10:56.200 --> 01:11:03.200]  So I'm thinking that the statutes of fraud might just be maxims.
[01:11:03.200 --> 01:11:05.200]  But I would very much like to find it.
[01:11:05.200 --> 01:11:11.200]  As much as I see it referenced, I'd like to know exactly what the statutes of fraud say so I would know how...
[01:11:11.200 --> 01:11:16.200]  Statutes of fraud are elements that have to be met on a contract.
[01:11:16.200 --> 01:11:20.200]  Yeah, but where do I find them so I can read them?
[01:11:20.200 --> 01:11:24.200]  I got my book. I got my law book.
[01:11:24.200 --> 01:11:30.200]  Does it give you a chapter and verse of where to pull it up?
[01:11:30.200 --> 01:11:32.200]  Oh, it's very self-explanatory.
[01:11:32.200 --> 01:11:36.200]  No, it doesn't help me to say what it is.
[01:11:36.200 --> 01:11:40.200]  I need to be able to cite it specifically.
[01:11:40.200 --> 01:11:43.200]  And just calling the statutes of fraud is not good enough.
[01:11:43.200 --> 01:11:47.200]  I need to say, look right here, read this.
[01:11:47.200 --> 01:11:54.200]  Well, my intention was to say, Your Honor, on the statutes of fraud, they're not the real part of the statutes.
[01:11:54.200 --> 01:11:56.200]  We don't have a contract.
[01:11:56.200 --> 01:11:58.200]  What if he says, what are they?
[01:11:58.200 --> 01:12:00.200]  I'm sorry?
[01:12:00.200 --> 01:12:03.200]  What if the judge says, what are the statutes of fraud?
[01:12:03.200 --> 01:12:07.200]  Oh, he knows. If he don't know, he's not a judge.
[01:12:07.200 --> 01:12:11.200]  Okay, no, I have to be able to answer that question or I can't cite it.
[01:12:11.200 --> 01:12:16.200]  Okay, you know what, I have it in my books and I'm going to email it to you.
[01:12:16.200 --> 01:12:19.200]  Oh, wonderful. Thank you very much.
[01:12:19.200 --> 01:12:25.200]  Thank you very much for your show and thanks for devoting time to me.
[01:12:25.200 --> 01:12:32.200]  Okie doke. Thank you. And now we're going to go to Doug in Texas.
[01:12:32.200 --> 01:12:34.200]  Doug, what's on your mind tonight?
[01:12:34.200 --> 01:12:40.200]  Hi, Randy. I want to thank you and Deborah and Eddie for what you do.
[01:12:40.200 --> 01:12:45.200]  And I'd like to talk to Eddie.
[01:12:45.200 --> 01:12:47.200]  All right, go ahead.
[01:12:47.200 --> 01:12:49.200]  You there, Eddie?
[01:12:49.200 --> 01:12:50.200]  Yeah, I'm here. Go ahead.
[01:12:50.200 --> 01:12:55.200]  Okay, well, Eddie, you know, you don't have a driver's license.
[01:12:55.200 --> 01:12:58.200]  You don't have this. You don't have that.
[01:12:58.200 --> 01:13:01.200]  And I'm 100% with you on that.
[01:13:01.200 --> 01:13:04.200]  I mean, it's not necessary to travel.
[01:13:04.200 --> 01:13:06.200]  We know that.
[01:13:06.200 --> 01:13:12.200]  You know, I work and I have to go rent tools occasionally at Home Depot,
[01:13:12.200 --> 01:13:16.200]  write checks here and there and do this and that and the other.
[01:13:16.200 --> 01:13:23.200]  And our fascist government has it. I let my mind expire for two years.
[01:13:23.200 --> 01:13:30.200]  And they say, well, we can't accept this as identification because your license has expired.
[01:13:30.200 --> 01:13:38.200]  So I just went, paid my $12, got my Texas driver's license back.
[01:13:38.200 --> 01:13:41.200]  But I never used it, Eddie. I never used it.
[01:13:41.200 --> 01:13:46.200]  Fishing license, hunting license. I never fish. I never hunt.
[01:13:46.200 --> 01:13:51.200]  But I just have them in case I decide to do so.
[01:13:51.200 --> 01:13:54.200]  You know, I just might decide to do that.
[01:13:54.200 --> 01:13:57.200]  Okay, wait. Do you have a question for us?
[01:13:57.200 --> 01:14:07.200]  Oh, yeah, the question is wouldn't it be simpler for Eddie to just get your driver's license and your tags and whatever
[01:14:07.200 --> 01:14:16.200]  and just say, well, they're there as a contingency in case I ever need to do it,
[01:14:16.200 --> 01:14:23.200]  in case I'm hauling something for profit, engaged in a commercial activity.
[01:14:23.200 --> 01:14:29.200]  I've got my license on there, but I don't, you know, I'm not using it.
[01:14:29.200 --> 01:14:31.200]  I just wasn't using it right now.
[01:14:31.200 --> 01:14:33.200]  Right.
[01:14:33.200 --> 01:14:40.200]  I think Eddie's considered that. Eddie, kind of what's your position on that?
[01:14:40.200 --> 01:14:48.200]  Yeah, I have considered that, and you're right. It would be easier, but easier is not the reason for what I do.
[01:14:48.200 --> 01:14:55.200]  I do what I do because it should have never been allowed to be an established necessity to begin with.
[01:14:55.200 --> 01:15:01.200]  There are other forms of identification that we have that we can use.
[01:15:01.200 --> 01:15:09.200]  They have simply tried to make it where we're under their thumb with what they want us to have so that they can keep tabs on us,
[01:15:09.200 --> 01:15:11.200]  and I'm not for that.
[01:15:11.200 --> 01:15:18.200]  I don't ever engage in an activity that would require me to have that license. I never have.
[01:15:18.200 --> 01:15:28.200]  So why in heaven's name would I keep paying money to somebody to be ready to do something I know very well I'm never going to do
[01:15:28.200 --> 01:15:36.200]  when I fully understand that the real reason they want me to do it is to keep me under their thumb and under their control?
[01:15:36.200 --> 01:15:43.200]  That's why I don't do it.
[01:15:43.200 --> 01:15:46.200]  Yeah, I'm just saying $12.
[01:15:46.200 --> 01:15:52.200]  Okay, we're having a little trouble with you, Doug. You're kind of breaking up pretty bad.
[01:15:52.200 --> 01:15:55.200]  Can you try calling back in?
[01:15:55.200 --> 01:16:04.200]  Okay, thank you. We're going to go to Robin in Florida.
[01:16:04.200 --> 01:16:06.200]  Good evening, guys.
[01:16:06.200 --> 01:16:10.200]  Good evening.
[01:16:10.200 --> 01:16:12.200]  Okay, what do you got for us, Robin?
[01:16:12.200 --> 01:16:28.200]  Yeah, I had a question on a bar grievance for an attorney. I filed a couple already, and I want to file another one and make it clear.
[01:16:28.200 --> 01:16:33.200]  I got a question on your website. I'm at the bar grievance.net.
[01:16:33.200 --> 01:16:35.200]  Oh, you want me to wait?
[01:16:35.200 --> 01:16:43.200]  Yeah, okay. You can click on it. I think it's the top link. It's not finished yet, but I'll talk about it when we get back on the other side.
[01:16:43.200 --> 01:16:48.200]  This is Randy Kelton, Debra Stevens, Eddie Craig, Rood of Love Radio.
[01:16:48.200 --> 01:17:00.200]  Our call-in number is 512-646-1984. We'll be right back.
[01:17:00.200 --> 01:17:07.200]  Capital Coin and Bullion is your local source for rare coins, precious metals, and coin supplies in the Austin metro area.
[01:17:07.200 --> 01:17:14.200]  We also ship worldwide. We're a family-owned and operated business that offers competitive prices on your coin and metals purchases.
[01:17:14.200 --> 01:17:20.200]  Because of you, Austin, business has been so good that we've had to move to a new and bigger location.
[01:17:20.200 --> 01:17:27.200]  We're now located at 7304 Burnett Road, Suite A, 1.2 miles north on Burnett from our previous location.
[01:17:27.200 --> 01:17:35.200]  We're on the west side of Burnett Road in the Stanley Insurance building on the ground floor next to the Ichiban Sushi and the Genie Car Wash.
[01:17:35.200 --> 01:17:39.200]  We're open Monday through Friday, 10 to 6, Saturdays 10 to 5.
[01:17:39.200 --> 01:17:45.200]  You're welcome to stop in during regular business hours or call 512-646-6440.
[01:17:45.200 --> 01:17:50.200]  Ask for Chad or Becky and say that you heard about us on Rule of Law Radio or Texas Liberty Radio.
[01:17:50.200 --> 01:17:59.200]  That's Capital Coin and Bullion at our new location at 7304 Burnett Road, Suite A or call 512-646-6440.
[01:17:59.200 --> 01:18:03.200]  My name is Randall Kelton and I co-host on Rule of Law Radio.
[01:18:03.200 --> 01:18:08.200]  We specialize in showing people how to strike back against corrupt public officials.
[01:18:08.200 --> 01:18:15.200]  With the mortgage crisis worsening, we set our sights on finding a remedy for people who have been cheated by their lenders.
[01:18:15.200 --> 01:18:20.200]  If you have a mortgage or have paid yours off, you have probably been cheated out of thousands.
[01:18:20.200 --> 01:18:29.200]  But there is a remedy. Go to remediesinrealestate.com or call me at 512-430-4140
[01:18:29.200 --> 01:18:36.200]  and find out how to use the consumer protection laws to recover what the lenders have stolen through fraud and deception.
[01:18:36.200 --> 01:18:43.200]  We will prepare for you a qualified written request that will expose the fraud and put the lenders on the dime.
[01:18:43.200 --> 01:18:47.200]  Lender fraud is bankrupting this country and it's time to fight back.
[01:18:47.200 --> 01:19:13.200]  Go to remediesinrealestate.com or call 512-430-4140 and get the information you need to stop the money changers in their tracks.
[01:19:17.200 --> 01:19:31.200]  Okay, we're back. Randall Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:19:31.200 --> 01:19:37.200]  We're talking to Robin in Florida about bargrievance.net.
[01:19:37.200 --> 01:19:47.200]  Now I have spent the last three days, 12 to 14 hours a day, converting the bar standards into questions.
[01:19:47.200 --> 01:20:00.200]  It's not completed yet. I actually have one or two small chapters at the bottom to finish, but my brain was turned into mud so I had to stop.
[01:20:00.200 --> 01:20:12.200]  And I don't have the submission button put in yet, but what I have done is taken the code and turned them into questions.
[01:20:12.200 --> 01:20:16.200]  So instead of trying to read down through the code, you just read this question.
[01:20:16.200 --> 01:20:21.200]  If this applies, then you answer it. If not, you just go to the next one.
[01:20:21.200 --> 01:20:32.200]  Are you on the page, Robin? I think we lost Robin.
[01:20:32.200 --> 01:20:38.200]  Okay, well, if you're listening, Robin, call back in. We'll go back to that.
[01:20:38.200 --> 01:20:53.200]  It looks like – oh, there he is. Okay. There, Robin, are you back? Robin, can you hear us?
[01:20:53.200 --> 01:20:55.200]  I don't see Robin.
[01:20:55.200 --> 01:20:58.200]  I see him on mine.
[01:20:58.200 --> 01:21:00.200]  Can you hear us, Robin?
[01:21:00.200 --> 01:21:01.200]  Yes, I'm back.
[01:21:01.200 --> 01:21:05.200]  If Randy would unmute you, you'd probably be able to come through to us, too.
[01:21:05.200 --> 01:21:07.200]  You are unmuted.
[01:21:07.200 --> 01:21:16.200]  Yeah. I had a question about the bargaining.net and the lawyer as a witness.
[01:21:16.200 --> 01:21:18.200]  Oh, lawyer, yes.
[01:21:18.200 --> 01:21:27.200]  About that. The lawyer put an affidavit in the court claiming to have first-hand knowledge of the debt and all this stuff.
[01:21:27.200 --> 01:21:34.200]  Okay, it's right in there. If he is the lawyer, if he's the witness, he can't be the lawyer.
[01:21:34.200 --> 01:21:38.200]  Correct. So I found the bar grievance on him.
[01:21:38.200 --> 01:21:54.200]  Okay. I don't have it quite done yet, but if you will go to the American Bar Association standards and look at their table of contents, it will tell you what chapter that's in.
[01:21:54.200 --> 01:22:05.200]  And then you can go to mine and run right down it. Or just look at it in theirs. I'll have mine, in a few days, I should have mine closer to working.
[01:22:05.200 --> 01:22:14.200]  I've got the questions up, but I don't have the table of contents, so you can't just jump down to the section that you want.
[01:22:14.200 --> 01:22:23.200]  Yeah. I did use that as the basis for my bar grievance. It is the plaintiff's attorney acting as a witness.
[01:22:23.200 --> 01:22:37.200]  Yeah, it's good. It's right in there. I just went through that today. If the attorney expects to be a witness in the case, he can't be the attorney in the case.
[01:22:37.200 --> 01:22:40.200]  Absolutely. Correct.
[01:22:40.200 --> 01:22:48.200]  So you filed the bar grievance and move to strike the attorney from the case and move for sanctions against him.
[01:22:48.200 --> 01:22:57.200]  Well, the question I have, the case is already adjudicated and it went to judgment, but they can't take anything because I protected themselves.
[01:22:57.200 --> 01:23:05.200]  My question is, now that I've grieved them and the case is done and I don't have any problem with them, I want to sue them under FDCPA.
[01:23:05.200 --> 01:23:13.200]  Okay. FDCPA is a little difficult to sue under. That's an odd that you're asking these questions.
[01:23:13.200 --> 01:23:23.200]  I went to lunch today and took my book on malpractice and was reading through suing an attorney under FDCPA.
[01:23:23.200 --> 01:23:25.200]  Uh-huh.
[01:23:25.200 --> 01:23:28.200]  Matter of fact, I've got it right here.
[01:23:28.200 --> 01:23:31.200]  Yeah, there's an attorney debt collector.
[01:23:31.200 --> 01:23:51.200]  Yes. When you sue an attorney for malpractice, it's always a tort action. Keep that in mind. You don't sue him like you would a cause of action, a normal cause of action.
[01:23:51.200 --> 01:24:07.200]  You sue him for a tort action against you. And suing under tort is somewhat different. I'm looking for the section on FDCPA that had a real good section on that issue.
[01:24:07.200 --> 01:24:27.200]  Okay. If you will send me an email, I will look up this section and scan it and send it to you. Now, this is Texas law and it's 20 years old.
[01:24:27.200 --> 01:24:43.200]  But essentially, the basics hasn't changed. So it'll tell you how to make the claims and how to go after them.
[01:24:43.200 --> 01:24:52.200]  Let me ask you another question about that as far as strategy goes. I've already set them up with FDCPA violations, et cetera, et cetera.
[01:24:52.200 --> 01:25:01.200]  Can I go into federal court under that and then include the tort? Or how would that work if I could do that?
[01:25:01.200 --> 01:25:09.200]  You'd do the tort under FDCPA. There was something peculiar about that. That's why I'm trying to find it here.
[01:25:09.200 --> 01:25:22.200]  Under FDCPA, there was a peculiar way of suing them that was different than other things.
[01:25:22.200 --> 01:25:40.200]  Judiciary fraud. I'm not finding FDCPA listed in the index. F-E-S-A is not here at all. That is annoying.
[01:25:40.200 --> 01:25:47.200]  It should be under federal. I will find it. Hang on while we're... We've got a couple other calls. Let me go to them.
[01:25:47.200 --> 01:25:54.200]  Hang on while we're going through those. I will look this up. And as soon as I find it, I'll get back to you.
[01:25:54.200 --> 01:25:55.200]  Okay.
[01:25:55.200 --> 01:25:56.200]  Okay. Don't go away.
[01:25:56.200 --> 01:25:57.200]  Okay. No problem.
[01:25:57.200 --> 01:26:05.200]  Okay. Now we're going to go back to Claudio. I don't know if Claudio called back or if he was hanging on.
[01:26:05.200 --> 01:26:08.200]  Claudio, did you have another question?
[01:26:08.200 --> 01:26:13.200]  What's your email? I'm sorry.
[01:26:13.200 --> 01:26:22.200]  My name is Horace.
[01:26:22.200 --> 01:26:23.200]  No email.
[01:26:23.200 --> 01:26:25.200]  He asked for your email, not your name, Randy.
[01:26:25.200 --> 01:26:28.200]  Oh, my email. I thought he was jerking me around.
[01:26:28.200 --> 01:26:30.200]  No, no, no, no.
[01:26:30.200 --> 01:26:34.200]  Randy at RemediesInReadEstate.com.
[01:26:34.200 --> 01:26:37.200]  Randy, dad?
[01:26:37.200 --> 01:26:40.200]  RemediesInReadEstate.com.
[01:26:40.200 --> 01:26:43.200]  DooflesAtTheRomeIsGone.net.
[01:26:43.200 --> 01:26:46.200]  Yeah, I thought you were jerking me around because I was thinking...
[01:26:46.200 --> 01:26:50.200]  I'm going to tell you what I said pretty soon.
[01:26:50.200 --> 01:26:52.200]  Okay. I'm going to send you an email. Thanks.
[01:26:52.200 --> 01:26:54.200]  Okie doke.
[01:26:54.200 --> 01:27:00.200]  Okay. Now we're going to go to Jim in Texas.
[01:27:00.200 --> 01:27:03.200]  Jim, what do you got for us tonight?
[01:27:03.200 --> 01:27:09.200]  Well, I found your statute of frauds under the Texas statutes.
[01:27:09.200 --> 01:27:11.200]  Wonderful.
[01:27:11.200 --> 01:27:15.200]  It actually comes up. There's four locations of it.
[01:27:15.200 --> 01:27:26.200]  The business and commerce code, Title III, Chapter 26 is statutes of fraud.
[01:27:26.200 --> 01:27:28.200]  Title III?
[01:27:28.200 --> 01:27:32.200]  Insolvency, fraudulent transfers and fraud.
[01:27:32.200 --> 01:27:46.200]  Then Chapter 26 of that is statutes of fraud.
[01:27:46.200 --> 01:27:50.200]  Chapter 26. Okay, I have that here somewhere.
[01:27:50.200 --> 01:27:52.200]  I will go through that because...
[01:27:52.200 --> 01:27:59.200]  I've come across that quite a bit, but I haven't actually found them to read them.
[01:27:59.200 --> 01:28:09.200]  It comes up under the property code and Title I of the business and commerce code.
[01:28:09.200 --> 01:28:18.200]  Title I of the business and commerce code is Uniform Commercial Code, Chapter 2A, Beliefs.
[01:28:18.200 --> 01:28:22.200]  They apply different statutes to different ones.
[01:28:22.200 --> 01:28:27.200]  But the main one is the first one that I gave you.
[01:28:27.200 --> 01:28:29.200]  Okay, good.
[01:28:29.200 --> 01:28:35.200]  From that one I should be able to bounce off of that and find the rest of the references.
[01:28:35.200 --> 01:28:41.200]  And it goes through and explains the statutes of fraud if you just follow them through.
[01:28:41.200 --> 01:28:48.200]  So, elements of a contract and everything.
[01:28:48.200 --> 01:28:49.200]  Wonderful.
[01:28:49.200 --> 01:28:51.200]  That's all I wanted to let you know tonight.
[01:28:51.200 --> 01:28:54.200]  So, you guys have a good one?
[01:28:54.200 --> 01:28:56.200]  Okay, thank you very much.
[01:28:56.200 --> 01:29:01.200]  Uh oh, we've got trouble on the line today.
[01:29:01.200 --> 01:29:05.200]  We've got the real deal.
[01:29:05.200 --> 01:29:08.200]  Where have you been?
[01:29:08.200 --> 01:29:13.200]  Oh, filing my first bar grievance. That's where I've been.
[01:29:13.200 --> 01:29:15.200]  Only your first?
[01:29:15.200 --> 01:29:24.200]  Only my first. I mean, because typically I try not to waste my time with the normal attorney shenanigans.
[01:29:24.200 --> 01:29:28.200]  If I'm going to file a bar grievance, this is going to be a doozy.
[01:29:28.200 --> 01:29:32.200]  I picked a very interesting one to do this with.
[01:29:32.200 --> 01:29:36.200]  So, I hear the music. I'll hold for a few minutes.
[01:29:36.200 --> 01:29:41.200]  Okay, this is Randy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio.
[01:29:41.200 --> 01:29:46.200]  Here with the real deal, Dan from Connecticut.
[01:29:46.200 --> 01:29:53.200]  We will be back on the other side talking about his doozy bar grievances.
[01:29:53.200 --> 01:29:57.200]  Our call-in number is 512-646-1984.
[01:29:57.200 --> 01:29:59.200]  We'll be right back.
[01:29:59.200 --> 01:30:03.200]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five.
[01:30:03.200 --> 01:30:09.200]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives.
[01:30:09.200 --> 01:30:14.200]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.200 --> 01:30:18.200]  a bomb complete with timer was discovered and removed from wreckage by the bomb squad.
[01:30:18.200 --> 01:30:22.200]  Yet, we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.200 --> 01:30:28.200]  So, while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:28.200 --> 01:30:33.200]  For more information, go to okcbombingtruth.com.
[01:30:33.200 --> 01:30:36.200]  Want to pick the perfect gift? Head to the Berry Patch.
[01:30:36.200 --> 01:30:42.200]  Berries are not only delicious, they're rich in antioxidants that could protect your special someone from the ravages of disease.
[01:30:42.200 --> 01:30:46.200]  I'm Dr. Catherine Albrecht and I'll tell you more in just a moment.
[01:30:46.200 --> 01:30:48.200]  Privacy is under attack.
[01:30:48.200 --> 01:30:51.200]  When you give up data about yourself, you'll never get it back again.
[01:30:51.200 --> 01:30:56.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:56.200 --> 01:31:01.200]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:01.200 --> 01:31:04.200]  Privacy, it's worth hanging onto.
[01:31:04.200 --> 01:31:07.200]  This public service announcement is brought to you by StartPage.com,
[01:31:07.200 --> 01:31:11.200]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:11.200 --> 01:31:15.200]  Start over with StartPage.
[01:31:15.200 --> 01:31:19.200]  Actor Michael J. Fox has it and so do half a million other Americans.
[01:31:19.200 --> 01:31:25.200]  It's Parkinson's disease, a nervous system affliction that involves shaking that gets progressively worse over time.
[01:31:25.200 --> 01:31:30.200]  There's no cure for Parkinson's, but new research suggests that eating berries might help prevent it.
[01:31:30.200 --> 01:31:35.200]  The National Institutes of Health reports that a special class of flavonoids called anthocyanins
[01:31:35.200 --> 01:31:39.200]  may significantly reduce the risk of developing Parkinson's.
[01:31:39.200 --> 01:31:42.200]  Berries are rich in anthocyanins and so are apples.
[01:31:42.200 --> 01:31:45.200]  Why might anthocyanins prevent Parkinson's?
[01:31:45.200 --> 01:31:49.200]  Researchers aren't sure, but they suspect the flavonoids may suppress inflammation,
[01:31:49.200 --> 01:31:53.200]  reduce oxidative stress, and increase dopamine release in the brain.
[01:31:53.200 --> 01:31:55.200]  So eat your berries.
[01:31:55.200 --> 01:31:57.200]  I'm Dr. Catherine Albrecht.
[01:31:57.200 --> 01:32:16.200]  Find out more news and information at CatherineAlbrecht.com.
[01:32:27.200 --> 01:32:37.200]  Okay, we're back. Randy Kelton, Deborah Stevens, Eddie Craig.
[01:32:37.200 --> 01:32:41.200]  We're talking to Dan from Connecticut.
[01:32:41.200 --> 01:32:44.200]  And Robin, hang on, I found the section.
[01:32:44.200 --> 01:32:51.200]  And as soon as we're done with Dan, I'll go back to the Deceptive Trade and Practices Act.
[01:32:51.200 --> 01:32:54.200]  Okay, Dan, you were bar grieving.
[01:32:54.200 --> 01:32:58.200]  Yes, very gratuitously, I might add.
[01:32:58.200 --> 01:33:08.200]  And this is interesting because this particular warm body with the jurist number happened to be an attorney working for the government and a hearing officer.
[01:33:08.200 --> 01:33:16.200]  Now, I looked in the Connecticut General Practice book and there are rules that govern lawyer-client representation,
[01:33:16.200 --> 01:33:21.200]  third-party neutral issues, which we hit a lot of those over the head,
[01:33:21.200 --> 01:33:24.200]  and reporting the misconduct of fellow attorneys.
[01:33:24.200 --> 01:33:27.200]  Now, this is where it gets interesting.
[01:33:27.200 --> 01:33:33.200]  And I'll just go through some of the things that we did so you can get on to everybody, just the interesting parts.
[01:33:33.200 --> 01:33:39.200]  This involved the hearing for what you would call a driving while poor offense, which I thought.
[01:33:39.200 --> 01:33:46.200]  And basically, I sent in pleadings because Connecticut has what's called the Uniform Administrative Procedure Act,
[01:33:46.200 --> 01:33:50.200]  where you get to file pleadings and all sorts of other fun stuff, discovery and whatnot.
[01:33:50.200 --> 01:33:58.200]  I mentioned that, well, my pleadings were missing and somebody in the legal department absconded with them.
[01:33:58.200 --> 01:34:02.200]  And if you actually check the Connecticut rules of attorney conduct,
[01:34:02.200 --> 01:34:08.200]  an attorney that is made aware of it actually has an obligation to report other attorney misconduct.
[01:34:08.200 --> 01:34:11.200]  So we nailed the hearing officer with that one.
[01:34:11.200 --> 01:34:19.200]  The attorney that was the hearing officer accused me of being disingenuous for recording it on my tape recorder.
[01:34:19.200 --> 01:34:27.200]  And according to the rules of conduct, you can't actually make an allegation that you have no first-hand knowledge of.
[01:34:27.200 --> 01:34:28.200]  Wait a minute.
[01:34:28.200 --> 01:34:29.200]  We went ahead and did that one.
[01:34:29.200 --> 01:34:33.200]  Wait a minute. Wait a minute. Was your recording genuine?
[01:34:33.200 --> 01:34:34.200]  Yes.
[01:34:34.200 --> 01:34:40.200]  Why is that?
[01:34:40.200 --> 01:34:45.200]  She repeatedly interrupted me and I objected every time.
[01:34:45.200 --> 01:34:50.200]  So I filed a bar grievance for that.
[01:34:50.200 --> 01:34:52.200]  Of course, the pleadings were missing.
[01:34:52.200 --> 01:34:56.200]  I mentioned that I didn't know where are these things.
[01:34:56.200 --> 01:34:58.200]  I just went over that.
[01:34:58.200 --> 01:35:08.200]  The other thing, she forgot to put the person testifying against me under oath for the first half of the hearing.
[01:35:08.200 --> 01:35:13.200]  According to the Uniform Administrative Procedure Act, the entire thing is supposed to be recorded.
[01:35:13.200 --> 01:35:16.200]  And she didn't record it, most of it.
[01:35:16.200 --> 01:35:23.200]  And basically, she tried to do this, quote unquote, informally and off the record.
[01:35:23.200 --> 01:35:24.200]  Don't do that.
[01:35:24.200 --> 01:35:26.200]  There was a bar grievance in there for that, too.
[01:35:26.200 --> 01:35:35.200]  And basically, the way I laid it out is I summarized all the events that happened in chronological order based on my tape recording and my recollection, of course.
[01:35:35.200 --> 01:35:44.200]  And then after I did that, I went through each and every single instance of the general practice book, Governance Hurting Conduct, that I could hit her with.
[01:35:44.200 --> 01:35:51.200]  And I said, please be advised of rule point, you know, say 5.1, for example.
[01:35:51.200 --> 01:35:59.200]  But long story short, I think there were, if I can remember correctly, there were like 12 or so different items.
[01:35:59.200 --> 01:36:03.200]  And they all have to do with being a third party neutral.
[01:36:03.200 --> 01:36:09.200]  And of course, there's a conflict of interest because she was appointed by the commissioner of this department.
[01:36:09.200 --> 01:36:12.200]  So I hit the conflict of interest one with there.
[01:36:12.200 --> 01:36:18.200]  But wait, did you look at the section in your code on third party neutrals?
[01:36:18.200 --> 01:36:22.200]  There's a special section in the rules of conduct for third party neutrals.
[01:36:22.200 --> 01:36:24.200]  That's actually in the practice book in our state.
[01:36:24.200 --> 01:36:25.200]  It's not in the code.
[01:36:25.200 --> 01:36:26.200]  Oh, good.
[01:36:26.200 --> 01:36:36.200]  Well, this is I'm talking about the I'm looking at the American Bar Association model standards and all but three states have adopted them.
[01:36:36.200 --> 01:36:39.200]  And your states was not one of the exclusions.
[01:36:39.200 --> 01:36:41.200]  So your state has adopted them.
[01:36:41.200 --> 01:36:48.200]  And there's a whole section in there on third party neutrals on the disclosures they're supposed to give.
[01:36:48.200 --> 01:36:54.200]  But long story short, I went through all that in at the end, you know, because this is true.
[01:36:54.200 --> 01:36:57.200]  I mentioned otherwise she was quite personable and nice.
[01:36:57.200 --> 01:37:01.200]  And I like her as a human being.
[01:37:01.200 --> 01:37:07.200]  And that remedial instruction was perhaps necessary.
[01:37:07.200 --> 01:37:09.200]  So how long ago did you file this?
[01:37:09.200 --> 01:37:11.200]  Two days ago.
[01:37:11.200 --> 01:37:12.200]  Oh, OK.
[01:37:12.200 --> 01:37:17.200]  So it should be interesting to see how that comes back.
[01:37:17.200 --> 01:37:20.200]  And you are having entirely too much fun.
[01:37:20.200 --> 01:37:24.200]  I mean, like I like I said in the complaint, I mean, I really do like her as a person.
[01:37:24.200 --> 01:37:30.200]  It's just she screwed up.
[01:37:30.200 --> 01:37:33.200]  So what was the nature of this hearing?
[01:37:33.200 --> 01:37:38.200]  This had to do with a with a motor vehicle insurance issue.
[01:37:38.200 --> 01:37:46.200]  And basically, I tried to oh, she forgot to rule on my discovery request to.
[01:37:46.200 --> 01:37:50.200]  Basically, there there was there was no semblance of due process really of any kind.
[01:37:50.200 --> 01:38:01.200]  And for about seven minutes, she tried to tell me that if we continue this hearing, I would waive my right to counsel for any purposes of the hearing.
[01:38:01.200 --> 01:38:08.200]  And for about seven minutes, I insisted that I can hire whoever I want waving that right.
[01:38:08.200 --> 01:38:14.200]  And then toward the end of that, I basically said, look, you know, you can do what you think you're entitled to do.
[01:38:14.200 --> 01:38:21.200]  And then she yelled, I don't think I you know, I don't want to do anything.
[01:38:21.200 --> 01:38:23.200]  She raised her voice.
[01:38:23.200 --> 01:38:25.200]  Oh, yeah, she raised her voice several times.
[01:38:25.200 --> 01:38:29.200]  So did I. I mean, in the form of the word objection.
[01:38:29.200 --> 01:38:31.200]  Did you annoy this woman?
[01:38:31.200 --> 01:38:34.200]  I think I succeeded in doing that.
[01:38:34.200 --> 01:38:37.200]  Good man. Good man.
[01:38:37.200 --> 01:38:40.200]  But I mean, but, you know, I understand how it is.
[01:38:40.200 --> 01:38:45.200]  I mean, she thinks this is the way things are done. And, you know, she probably didn't think anything of it.
[01:38:45.200 --> 01:38:51.200]  But, you know, like I said in the complaint, I think there's a need for remedial instruction.
[01:38:51.200 --> 01:38:54.200]  This is how we fix things.
[01:38:54.200 --> 01:38:59.200]  If we don't stand up and raise the issue, no one will raise the issue.
[01:38:59.200 --> 01:39:01.200]  Oh, and by the way, I hate to stop you.
[01:39:01.200 --> 01:39:10.200]  I just want to mention this so you can get on to other callers. Connecticut's bar grievance form is actually a PDF file you can fill out online and print.
[01:39:10.200 --> 01:39:24.200]  Yeah, I know. There's 45 of 50 states and Connecticut's one of them has a bar grievance form that essentially says who are you, who's the other guy, what did they do, sign and send.
[01:39:24.200 --> 01:39:28.200]  Yeah, I think mine is only 11 pages long when I finish it.
[01:39:28.200 --> 01:39:37.200]  There's a bunch of junk in there. I'm going to build my own bar grievance form and apply it to all the states.
[01:39:37.200 --> 01:39:51.200]  And it will essentially, the reason I'm converting the model code into questions is once we have it all into questions, then I can break them apart.
[01:39:51.200 --> 01:40:05.200]  We'll do a menu items on the top and you select what issues you have with the attorney and it will jump to a set of questions on that issue.
[01:40:05.200 --> 01:40:16.200]  And it'll tell you, it'll ask you a question and if you do a mouse rollover, it'll pop up the standard that the question was derived from and then ask you to explain.
[01:40:16.200 --> 01:40:25.200]  Well, it will also look at all of the associated issues with a particular complaint.
[01:40:25.200 --> 01:40:34.200]  So then if another issue is implicated or potentially implicated, it'll ask the question of that nature.
[01:40:34.200 --> 01:40:51.200]  And if you respond to that one, it'll jump to that section and you fill out the questions on it. In this way, it will be able to mine the code or mine the standards for all of the interrelated complaints that you can make.
[01:40:51.200 --> 01:41:01.200]  Oh, I hate to stop you here, but do you have anything in that form that you're developing that involves attorney's fees?
[01:41:01.200 --> 01:41:06.200]  There's a large section in it on attorney's fees. If you go to barbreeves.net.
[01:41:06.200 --> 01:41:18.200]  Because I can tell from first-hand experience, I've had so many people call and email me saying, oh, this attorney is trying to collect all this money, but they refuse to break down their fees.
[01:41:18.200 --> 01:41:40.200]  There's a whole section on that. And when I was writing up the questions, I knew this is going to get a lot of action. What we will do with it is first we'll take the code itself, the model standards themselves, and lay questions in for those.
[01:41:40.200 --> 01:41:58.200]  If you select that particular portion of the code, then it will open up a section that goes to all of the grievances or all of the sanctions that's been filed against attorneys under this section.
[01:41:58.200 --> 01:42:15.200]  And ask a more directed question. Did they do this? Did they do this? Did they do this? Did they do this? So it will go more directed, and then we'll have sanctioned attorney records to support the complaint.
[01:42:15.200 --> 01:42:18.200]  This thing will get very sophisticated.
[01:42:18.200 --> 01:42:21.200]  I look forward to using it.
[01:42:21.200 --> 01:42:36.200]  As a matter of fact, I would like you to take the model code and compare it to Connecticut. One of these days I'll get that right. To the Connecticut code.
[01:42:36.200 --> 01:42:52.200]  And give me a set of questions for the Connecticut code. 90% of it is going to be the same. And just go down and change, add or take away what's not in Connecticut.
[01:42:52.200 --> 01:43:08.200]  And give me one for Connecticut. And then we will build the logic to produce an output document. So the person just fills in the blanks that apply to them. The system will spit out the document.
[01:43:08.200 --> 01:43:19.200]  And then it will save a copy on our webpage with the title of the page, the name, and law firm of the attorney.
[01:43:19.200 --> 01:43:23.200]  That will give them epilepsy.
[01:43:23.200 --> 01:43:32.200]  I'll probably get working on that in maybe a week or two, but I just looked through the Connecticut general practice book and it's right at the beginning.
[01:43:32.200 --> 01:43:35.200]  So if anybody wants to check it, it's right there.
[01:43:35.200 --> 01:43:43.200]  We've got to go to break. I'll try to get a hold of you in a week or so once I have this one done and we'll get something worked out on that.
[01:43:43.200 --> 01:43:52.200]  Robin, hang on. I found your section and we'll pick you up on the other side of the break. Thanks, Dan. It's been too long. Call in more often.
[01:43:52.200 --> 01:43:59.200]  Randy Kelton, Deborah Stevens, Eddie Craig with our radio. We'll be right back on the other side.
[01:43:59.200 --> 01:44:08.200]  At hempusa.org, we offer chemical-free products to people around the world, detoxifying, self-healing while rebuilding the immune system.
[01:44:08.200 --> 01:44:14.200]  We urge our listeners to please consider our largest selling product, micro plant powder.
[01:44:14.200 --> 01:44:22.200]  Our micro plant powder is rich in silica and probiotics to help rebuild the immune system and to create a healthy stomach flora.
[01:44:22.200 --> 01:44:27.200]  Micro plant powder is excellent for daily intake and is perfect to add to your storage shelter.
[01:44:27.200 --> 01:44:31.200]  We urge our listeners to please visit us at hempusa.org.
[01:44:31.200 --> 01:44:35.200]  And remember, all of our products are chemical free and healthy to eat.
[01:44:35.200 --> 01:44:40.200]  We constantly strive to give you the best service, highest quality and rapid shipping anywhere.
[01:44:40.200 --> 01:44:44.200]  And we offer free shipping on orders over $95 in the U.S.
[01:44:44.200 --> 01:44:50.200]  Please visit us at hempusa.org or call 9086912608.
[01:44:50.200 --> 01:44:53.200]  That's 9086912608.
[01:44:53.200 --> 01:45:00.200]  See what our powder, seeds and oil can do for you at hempusa.org.
[01:45:00.200 --> 01:45:03.200]  Are you the plaintiff or defendant in a lawsuit?
[01:45:03.200 --> 01:45:14.200]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand 4-CD course that will show you how in 24 hours, step by step.
[01:45:14.200 --> 01:45:18.200]  If you have a lawyer, know what your lawyer should be doing.
[01:45:18.200 --> 01:45:22.200]  If you don't have a lawyer, know what you should do for yourself.
[01:45:22.200 --> 01:45:27.200]  Thousands have won with our step by step course and now you can too.
[01:45:27.200 --> 01:45:34.200]  Jurisdictionary was created by a licensed attorney with 22 years of case winning experience.
[01:45:34.200 --> 01:45:43.200]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[01:45:43.200 --> 01:45:52.200]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[01:45:52.200 --> 01:46:01.200]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[01:46:23.200 --> 01:46:29.200]  Okay, we're back. Randy Kelton, Deborah Stevens, Eddie Craig with Rule of Law Radio.
[01:46:29.200 --> 01:46:37.200]  We're talking to Robin in Florida. Robin, I found it.
[01:46:37.200 --> 01:46:43.200]  And it's odd you asked me two questions and both of those two questions I was researching just today.
[01:46:43.200 --> 01:46:47.200]  Texas Deceptive Trades Practices Act.
[01:46:47.200 --> 01:47:03.200]  It primarily goes to the Deceptive Trade Practices Act cause of action against a lawyer requires that the plaintiff be a consumer.
[01:47:03.200 --> 01:47:13.200]  That in filing under Deceptive Trade Practices Act against a lawyer, you tend to file against your lawyer.
[01:47:13.200 --> 01:47:21.200]  There are cases where you can file against the opponent's lawyer, but primarily this is a claim you file against your own lawyer.
[01:47:21.200 --> 01:47:24.200]  One of them is for unconscionable conduct.
[01:47:24.200 --> 01:47:35.200]  A lawyer may be liable under the Deceptive Trade Practices Act for false, misleading or deceptive acts or practices and for unconscionable conduct.
[01:47:35.200 --> 01:47:43.200]  A lawyer's misrepresentation and his failure to file pleadings were found to be false, misleading or deceptive.
[01:47:43.200 --> 01:48:02.200]  The court held that Deceptive Trade Practices Act cause of action did not arise from an announcement of ready in open court because the announcement was not a false representation to the client.
[01:48:02.200 --> 01:48:11.200]  That the characteristics and quality of legal services were such that the lawyer's defense was prepared and the lawyer was competent to begin trial.
[01:48:11.200 --> 01:48:25.200]  Implied warranties, violation of state bar disciplinary rules are currently not included when the implied warranty provisions of the Deceptive Trade Practices Act.
[01:48:25.200 --> 01:48:34.200]  The disciplinary rules do not lead to a private cause of action.
[01:48:34.200 --> 01:48:39.200]  You cannot sue an attorney for violating one of the bar's standards.
[01:48:39.200 --> 01:48:58.200]  There is a disciplinary process for that, but as a rule, for the most part, not all of them, but most of the things that the attorney does improper that can be sanctioned for by the bar will also create a tort against the individual.
[01:48:58.200 --> 01:49:01.200]  The one I wanted to get to is privity.
[01:49:01.200 --> 01:49:11.200]  In general, the Deceptive Trade Practices Act does not require privity between the parties for a cause of action to arise.
[01:49:11.200 --> 01:49:31.200]  Plaintiffs need not demonstrate that legal services were specifically rendered by Jones-Walker to plaintiffs or that Jones-Walker and plaintiffs were in privity, that means in contract, for Jones-Walker to be liable to plaintiffs under the Deceptive Trade Practices Act.
[01:49:31.200 --> 01:49:46.200]  Although traditional privity is not necessary under DTPA, courts will analyze the nature of the relationship between the parties in determining whether a plaintiff is a consumer.
[01:49:46.200 --> 01:49:55.200]  In field of the able, for example, real estate sellers were not consumers of services of the purchaser's lawyer.
[01:49:55.200 --> 01:50:19.200]  Similarly, the court explained the first municipal leasing corporation, Dallas, although the Supreme Court of Texas has held that a client of an attorney is a consumer within the meaning of the DTPA, that holding was based on the fact that the client purchased legal services from the attorney.
[01:50:19.200 --> 01:50:36.200]  In the present case, the attorney's services were purchased by Systems Works, not by First Municipal, and Systems Works was the client.
[01:50:36.200 --> 01:50:44.200]  Generally, deceptive trade practices goes to client and attorney relationship.
[01:50:44.200 --> 01:50:49.200]  Did that make sense?
[01:50:49.200 --> 01:50:55.200]  Yeah. What about communication as far as, now I'm switching subject slightly here.
[01:50:55.200 --> 01:51:04.200]  I had an attorney a couple of years ago that had absolutely no communication with because he was subcontracted by a low-modification company that I had.
[01:51:04.200 --> 01:51:10.200]  Just through stuff under the court, I had no communication with this guy at all.
[01:51:10.200 --> 01:51:20.200]  Wait, I'm having trouble understanding you. Are you on a speaker's phone or a Bluetooth?
[01:51:20.200 --> 01:51:23.200]  I'm on a cell phone. Can you hear me better now?
[01:51:23.200 --> 01:51:31.200]  No, you're a little muffled. It may just be my hearing. Okay, go through that last part again.
[01:51:31.200 --> 01:51:37.200]  Okay.
[01:51:37.200 --> 01:51:40.200]  Go ahead. Go through the last part again.
[01:51:40.200 --> 01:51:46.200]  Yeah. I had an attorney a couple of years ago that put some stuff in the court.
[01:51:46.200 --> 01:51:51.200]  I never met with him or anything because my primary contact was a low-modification company.
[01:51:51.200 --> 01:51:59.200]  They got taken out of business by the attorney general, but I had never had contact with his attorney at all.
[01:51:59.200 --> 01:52:04.200]  No retainer signed or anything. What can I do with this guy?
[01:52:04.200 --> 01:52:14.200]  Let me think. The attorney has to be able to show that you were his client.
[01:52:14.200 --> 01:52:22.200]  It's unethical conduct for him to purport to represent you if he doesn't have a contract with you.
[01:52:22.200 --> 01:52:24.200]  Did he have a verbal contract?
[01:52:24.200 --> 01:52:28.200]  Nothing in writing at all.
[01:52:28.200 --> 01:52:32.200]  That won't go under deceptive trade.
[01:52:32.200 --> 01:52:38.200]  There are other areas in there. Did he purport?
[01:52:38.200 --> 01:52:42.200]  That would be under communication. I know there's a section for that.
[01:52:42.200 --> 01:52:51.200]  There's a section where an attorney is forbidden to purport to represent someone when he doesn't actually represent him.
[01:52:51.200 --> 01:52:54.200]  Is that what the case was here?
[01:52:54.200 --> 01:53:03.200]  Yeah. I never had an agreement with him. I had an agreement with a low-modification company, but it was verbal at the time.
[01:53:03.200 --> 01:53:06.200]  I don't have anything in writing.
[01:53:06.200 --> 01:53:09.200]  Okay. This sounds a little more complex.
[01:53:09.200 --> 01:53:14.200]  What business did he have with the low-modification company?
[01:53:14.200 --> 01:53:20.200]  He was doing their legal work for the people that are already in foreclosure.
[01:53:20.200 --> 01:53:32.200]  Okay. Did the low-modification company appoint him? How did he come to purport to represent you?
[01:53:32.200 --> 01:53:38.200]  Well, since I was in foreclosure at the time, I was trying to get a low-modification.
[01:53:38.200 --> 01:53:46.200]  I had a list pending, so I don't know how that happened. They just gave the file to him, and then he handled all this stuff.
[01:53:46.200 --> 01:53:49.200]  Wait. Who gave the file to him?
[01:53:49.200 --> 01:53:51.200]  The low-modification company.
[01:53:51.200 --> 01:53:56.200]  So it was the low-modification company that selected this person?
[01:53:56.200 --> 01:53:58.200]  Correct.
[01:53:58.200 --> 01:54:04.200]  Okay. Did this person purport to represent you?
[01:54:04.200 --> 01:54:06.200]  Yes, the attorney, yes.
[01:54:06.200 --> 01:54:10.200]  Was he paid by the low-modification company?
[01:54:10.200 --> 01:54:15.200]  He said he received $600 from them.
[01:54:15.200 --> 01:54:23.200]  Was the low-modification company in a position to exert influence over him?
[01:54:23.200 --> 01:54:25.200]  I'm assuming so.
[01:54:25.200 --> 01:54:31.200]  If they appointed him and they paid him, he cannot represent you.
[01:54:31.200 --> 01:54:36.200]  And this is specifically handled in the bar standards.
[01:54:36.200 --> 01:54:46.200]  You should pull out the American Bar Association standards, the model standards, or pull out the standards for Florida and go through them.
[01:54:46.200 --> 01:54:49.200]  And you'll find a section on this very issue.
[01:54:49.200 --> 01:54:57.200]  There are strict prohibitions on this very issue in the standards.
[01:54:57.200 --> 01:55:06.200]  And another thing, the attorney general put this company out of business, and it was a very simple statute that they weren't following.
[01:55:06.200 --> 01:55:09.200]  You know, collecting up-front fees.
[01:55:09.200 --> 01:55:13.200]  There was a statute instituted three years ago, and he should have known.
[01:55:13.200 --> 01:55:20.200]  Okay, if it's two or three years ago, you're going to be too late, because claims against attorneys always...
[01:55:20.200 --> 01:55:25.200]  I think he just ran out the statute of limitations on the suing part.
[01:55:25.200 --> 01:55:28.200]  No, it's okay.
[01:55:28.200 --> 01:55:33.200]  Claims against attorneys always ring in tort.
[01:55:33.200 --> 01:55:37.200]  And that generally goes to a two-year statute of limitations.
[01:55:37.200 --> 01:55:39.200]  Okay.
[01:55:39.200 --> 01:55:51.200]  So you could chance you're out of time, unless you can show fraud on the part of the people that hired him.
[01:55:51.200 --> 01:56:03.200]  And if it was the bank or the lender that was acting to do the loan modification, was this a third-party loan modification company?
[01:56:03.200 --> 01:56:04.200]  This is a third-party, yes.
[01:56:04.200 --> 01:56:08.200]  Third-party and the attorney general put them out of business, so there's obvious fraud.
[01:56:08.200 --> 01:56:13.200]  So you probably don't have a way to go after them either.
[01:56:13.200 --> 01:56:14.200]  Yeah.
[01:56:14.200 --> 01:56:16.200]  Because they're out of business, so...
[01:56:16.200 --> 01:56:22.200]  You're probably going to...the attorney general's office says there's no more money to divvy out or whatever they said.
[01:56:22.200 --> 01:56:24.200]  I forgot what it was, but...
[01:56:24.200 --> 01:56:28.200]  Yeah, that's...you're probably too late for a remedy.
[01:56:28.200 --> 01:56:29.200]  Yeah.
[01:56:29.200 --> 01:56:31.200]  One more quick thing.
[01:56:31.200 --> 01:56:33.200]  Okay.
[01:56:33.200 --> 01:56:38.200]  Judges here, and I'm in Miami, are a little out...a little whacked, to say the least.
[01:56:38.200 --> 01:56:48.200]  There's a judge, and I got a judge, I got the transcript of the court case, and he was basically acting as the attorney for the plaintiff.
[01:56:48.200 --> 01:56:57.200]  The attorney talked like one time, and this attorney and the defendant's attorney...or the judge and the defendant's attorney going back and forth.
[01:56:57.200 --> 01:57:05.200]  Me, as just a citizen, can I go in there and be a witness to this nonsense and do something about it?
[01:57:05.200 --> 01:57:07.200]  Absolutely.
[01:57:07.200 --> 01:57:10.200]  You're not just a citizen, you are the sovereign.
[01:57:10.200 --> 01:57:11.200]  Absolutely.
[01:57:11.200 --> 01:57:16.200]  The judge works for you, he's spending your money.
[01:57:16.200 --> 01:57:17.200]  What's that?
[01:57:17.200 --> 01:57:23.200]  You have reason to believe he's acted improperly, absolutely, you have standing to go after him.
[01:57:23.200 --> 01:57:25.200]  And that's the best one to do it.
[01:57:25.200 --> 01:57:36.200]  He has no authority over you, no jurisdiction, you're just a third party in there sharpshooting at him, and he's got no way to get at you.
[01:57:36.200 --> 01:57:39.200]  So then that's a good case where I could run your routine on him, man.
[01:57:39.200 --> 01:57:54.200]  It absolutely would be. That would be one...you don't have a dog in that hunt, so it's easy for you to act with a good, clear mind, and act in a way to have the best effect.
[01:57:54.200 --> 01:58:02.200]  And it'll have the most effect on them because they're wondering, who is this guy coming in here pounding away at us?
[01:58:02.200 --> 01:58:04.200]  They have no way to get at it.
[01:58:04.200 --> 01:58:08.200]  I extend you that. It's good to see you if you want to take a look at it.
[01:58:08.200 --> 01:58:18.200]  Okay, thank you. Okay, we are about out of time. Thank you, Doug, Robin, and Doug, I'm sorry we didn't get time to get back to you.
[01:58:18.200 --> 01:58:35.200]  This is Randy Kelton, Debra Stevens, Eddie Craig, Ruv La Radio. Our four-hour marathon is just about over. Tune in Monday to hear Eddie and Debra on the traffic show.
[01:58:35.200 --> 01:58:40.200]  And I'll be back Thursday with the whole gang and Friday.
[01:58:40.200 --> 01:58:51.200]  Thank you all for listening, and make sure you keep listening and tell all your friends. Thank you all, and good night.
[01:59:10.200 --> 01:59:30.200]  Good night.
[01:59:30.200 --> 01:59:59.200]  Good night.
[01:59:59.200 --> 02:00:00.200]  Good night.