[00:00.000 --> 00:05.000]  This news brief brought to you by the International Newsnet.
[00:05.000 --> 00:10.840]  Ratings, agency standards and pours said recently companies on the S&P 500 stock index are sitting
[00:10.840 --> 00:14.120]  on $1.15 trillion in cash.
[00:14.120 --> 00:21.520]  The biggest industry hoarders were technologies, $264 billion, pharmaceuticals, $141 billion
[00:21.520 --> 00:25.360]  and energy and consumer products, $100 billion each.
[00:25.360 --> 00:29.960]  Meanwhile, 9.1% of the workforce are unemployed.
[00:29.960 --> 00:35.560]  A police officer from Springfield, Massachusetts this week filed a criminal complaint against
[00:35.560 --> 00:40.840]  a woman who filmed his fellow officer beating a black suspect while he stood by.
[00:40.840 --> 00:46.600]  Activists say the charge of illegal wiretapping against the amateur videographer who captured
[00:46.600 --> 00:54.200]  police beating Melvin Jones during a 2009 traffic stop sets a dangerous precedent.
[00:54.200 --> 00:58.200]  Hundreds of females in the African state of Angola have been fainting and no one knows
[00:58.200 --> 00:59.200]  why.
[00:59.200 --> 01:04.160]  The fainting spells have all occurred in public areas such as schools and churches.
[01:04.160 --> 01:10.400]  Over 800 women and girls reported smelling strange odors before collapsing.
[01:10.400 --> 01:17.040]  Feminist icon Gloria Steinem called for a boycott this week of NBC's upcoming 60s
[01:17.040 --> 01:23.600]  era show Playboy Club saying it, quote, normalizes prostitution and dominance.
[01:23.600 --> 01:28.960]  Steinem went undercover as a bunny at the New York Playboy Club nearly 50 years ago
[01:28.960 --> 01:34.120]  and revealed the unglamorous working conditions at the club, including long hours and low
[01:34.120 --> 01:35.120]  wages.
[01:35.120 --> 01:43.240]  Steinem said the upcoming NBC show quote normalizes a passive dominant idea of gender and normalizes
[01:43.240 --> 01:49.040]  prostitution and male dominance, adding women have told me horror stories of what they experienced
[01:49.040 --> 01:52.400]  at the Playboy Club and the Playboy Mansion.
[01:52.400 --> 01:57.960]  Last week NBC Entertainment Chairman Robert Greenblatt said the network is inviting viewers
[01:57.960 --> 02:05.680]  to, quote, step inside the seductive world of the bunny, the epitome of beauty and service.
[02:05.680 --> 02:09.960]  Three environmental groups filed a lawsuit Thursday seeking to stop planting of genetically
[02:09.960 --> 02:15.560]  modified crops on 44,000 acres of federal land in several southern states.
[02:15.560 --> 02:21.320]  However, the U.S. Fish and Wildlife Service says the corn, milo and rice provides food
[02:21.320 --> 02:24.520]  for migrating birds along critical flyways.
[02:24.520 --> 02:29.520]  Public employees for environmental responsibility argue the Fish and Wildlife Service did not
[02:29.520 --> 02:33.920]  follow proper procedures in permitting farmers to grow on the public lands.
[02:33.920 --> 02:38.560]  Their suit seeks an injunction that would agree Fish and Wildlife violated rules and
[02:38.560 --> 02:40.680]  would order a halt to the planting.
[02:40.680 --> 02:45.360]  The groups pursued two similar lawsuits in Delaware, which blocked planting of genetically
[02:45.360 --> 02:50.760]  engineered crops in two wildlife refuges that resulted in the Fish and Wildlife Service
[02:50.760 --> 02:57.760]  ending the practice in the northeast region.
[03:20.760 --> 03:42.760]  Well, I received my remedy today, came in a box just like the fake, I accepted it for
[03:42.760 --> 03:52.600]  value right away, and it's not true, no, not later, we are originators, and the time
[03:52.600 --> 04:00.080]  where it seems to get straighter every day, and I can take a fitting that belongs to me
[04:00.080 --> 04:01.080]  and put it to good use.
[04:01.080 --> 04:02.080]  Go to any of you who are back.
[04:02.080 --> 04:03.080]  We'll make the count and go to Steve and then to Craig.
[04:03.080 --> 04:04.080]  We'll use our radio.
[04:04.080 --> 04:09.080]  We're going to finish up with Brian, and then we're going to go to Sarah and then Mark.
[04:09.080 --> 04:10.080]  Okay.
[04:10.080 --> 04:15.080]  Brian, you had one other question or issue.
[04:15.080 --> 04:22.720]  I just wanted to clarify quickly what we went over, so I was going to, if that's all right.
[04:22.720 --> 04:28.880]  I just wanted to see if, so you said file a motion for a new trial and also file a motion
[04:28.880 --> 04:31.080]  to amend the pleading, and add...
[04:31.080 --> 04:35.480]  No, no, don't file a motion to amend the pleading.
[04:35.480 --> 04:38.440]  File a motion for new trial.
[04:38.440 --> 04:39.440]  Yeah.
[04:39.440 --> 04:48.240]  And just amend the pleading, file it, and file a removal.
[04:48.240 --> 04:49.240]  Once more?
[04:49.240 --> 04:50.240]  You said?
[04:50.240 --> 04:58.560]  File it, file, prepare a amended pleading that contains federal accusation and accusations
[04:58.560 --> 05:01.440]  of civil rights violation against the attorney.
[05:01.440 --> 05:02.440]  Okay.
[05:02.440 --> 05:04.440]  And the officer?
[05:04.440 --> 05:05.440]  Yeah.
[05:05.440 --> 05:06.440]  Okay.
[05:06.440 --> 05:07.440]  Yes.
[05:07.440 --> 05:08.440]  And the police officer.
[05:08.440 --> 05:15.240]  When you amend, the original pleading is history.
[05:15.240 --> 05:20.200]  Every claim you want to make must be in the amended pleading.
[05:20.200 --> 05:26.440]  So put everything that was in the original and then add this to it as a federal claim
[05:26.440 --> 05:29.280]  against the attorney.
[05:29.280 --> 05:33.680]  File that with the court and file a removal.
[05:33.680 --> 05:37.960]  What about my errors in my original pleading, my original complaint?
[05:37.960 --> 05:38.960]  Correct them.
[05:38.960 --> 05:39.960]  Correct them.
[05:39.960 --> 05:41.960]  And all this gets filed in federal?
[05:41.960 --> 05:42.960]  Yes.
[05:42.960 --> 05:43.960]  And then...
[05:43.960 --> 05:44.960]  No, no.
[05:44.960 --> 05:47.800]  It's filed in state.
[05:47.800 --> 05:52.720]  You file it in this court and then remove it to the federal.
[05:52.720 --> 05:56.800]  What if they don't have to file a motion to amend?
[05:56.800 --> 05:57.800]  To amend?
[05:57.800 --> 05:58.800]  No.
[05:58.800 --> 05:59.800]  No.
[05:59.800 --> 06:00.800]  You're removing it from their court.
[06:00.800 --> 06:04.280]  They don't have anything to say.
[06:04.280 --> 06:08.040]  You're just filing an amended pleading.
[06:08.040 --> 06:10.280]  Don't ask for a complaint.
[06:10.280 --> 06:13.440]  Just file it and file a removal.
[06:13.440 --> 06:21.160]  Once you file the removal, the state judge has nothing to say about the case.
[06:21.160 --> 06:22.160]  He's history.
[06:22.160 --> 06:25.760]  I feel like the clerk's going to say, well, you have to pay for this or something.
[06:25.760 --> 06:29.560]  Is that what they usually tell me?
[06:29.560 --> 06:33.280]  Do they charge you for every motion you file in Minnesota?
[06:33.280 --> 06:34.280]  Yes.
[06:34.280 --> 06:40.200]  Then you're going to have to pay for whatever the filing fee is for the motion.
[06:40.200 --> 06:43.640]  But you should not have to file a filing fee for the suit.
[06:43.640 --> 06:46.440]  That should have already been paid.
[06:46.440 --> 06:47.440]  Right.
[06:47.440 --> 06:53.960]  Though I find it hard to believe they charge you by motion in a suit.
[06:53.960 --> 06:55.440]  They do in California too.
[06:55.440 --> 07:03.680]  Well, there's a rule for amending the pleading after post-summary judgment.
[07:03.680 --> 07:12.400]  If that's the case, then refile in the federal court and file your motion for new trial.
[07:12.400 --> 07:14.560]  That means this is still ongoing.
[07:14.560 --> 07:15.560]  Right.
[07:15.560 --> 07:22.000]  If that's the case, file in the federal court and it'll cost you a new filing fee.
[07:22.000 --> 07:23.000]  Gotcha.
[07:23.000 --> 07:27.840]  But the cheapest legal education you'll ever get.
[07:27.840 --> 07:28.840]  Right.
[07:28.840 --> 07:29.840]  Okay.
[07:29.840 --> 07:32.840]  We're going to move on.
[07:32.840 --> 07:35.880]  Is anything else we need to cover with you, Brian?
[07:35.880 --> 07:37.800]  You know, there's already more.
[07:37.800 --> 07:38.800]  Thank you very much.
[07:38.800 --> 07:39.800]  Okay.
[07:39.800 --> 07:40.800]  Thank you, Brian.
[07:40.800 --> 07:41.800]  Okay.
[07:41.800 --> 07:44.800]  Now we're going to go to Sarah in Texas.
[07:44.800 --> 07:47.800]  Sarah, what do you have for us?
[07:47.800 --> 07:53.400]  I'm calling from Austin.
[07:53.400 --> 07:54.400]  You there?
[07:54.400 --> 07:55.400]  Yes, we're here.
[07:55.400 --> 07:56.400]  All right.
[07:56.400 --> 07:57.400]  I'm sorry.
[07:57.400 --> 07:58.400]  Calling from Austin.
[07:58.400 --> 08:02.240]  My situation is regarding Bank of America again.
[08:02.240 --> 08:08.120]  I've been going through loan modifications, excepted, I'm in my eighth month, and they
[08:08.120 --> 08:14.600]  of course suggested six to seven months being on a loan modification, like I say, eight months
[08:14.600 --> 08:15.600]  here.
[08:15.600 --> 08:23.320]  So, I've been paying a month ahead of time, quite successfully, the illustration.
[08:23.320 --> 08:26.000]  This month I would have already paid for next month, et cetera.
[08:26.000 --> 08:27.760]  I just didn't do that this month.
[08:27.760 --> 08:28.760]  Okay.
[08:28.760 --> 08:29.760]  Okay.
[08:29.760 --> 08:30.760]  Hold on.
[08:30.760 --> 08:31.760]  That doesn't work.
[08:31.760 --> 08:32.760]  Okay.
[08:32.760 --> 08:38.920]  Paying a payment ahead comes directly off the principal.
[08:38.920 --> 08:46.320]  It doesn't give you a month to pay to hit.
[08:46.320 --> 08:47.760]  You still have to pay every month.
[08:47.760 --> 08:52.240]  If you pay two payments this month, that doesn't mean you can skip a month.
[08:52.240 --> 08:53.240]  Oh, no.
[08:53.240 --> 08:54.240]  I haven't skipped a month.
[08:54.240 --> 09:00.240]  I've just been paying, I think it's a church born as a head.
[09:00.240 --> 09:01.240]  Okay.
[09:01.240 --> 09:14.000]  And with that said, they left a FedEx when I got home late, roughly last week, saying,
[09:14.000 --> 09:19.560]  we'd like to work with you to determine what options may be available to help you stay
[09:19.560 --> 09:21.560]  in your home or avoid foreclosure.
[09:21.560 --> 09:22.560]  What?
[09:22.560 --> 09:23.560]  You know?
[09:23.560 --> 09:24.560]  Okay.
[09:24.560 --> 09:25.560]  It startled me here.
[09:25.560 --> 09:31.040]  If you haven't returned seven to eight, ten days, we'll send a rep to visit you.
[09:31.040 --> 09:32.040]  Okay.
[09:32.040 --> 09:34.840]  Wait a minute.
[09:34.840 --> 09:36.320]  What was the content of the letter?
[09:36.320 --> 09:38.240]  It sounds like you just read us a piece of it.
[09:38.240 --> 09:47.280]  It looks like it's the question answer for me to process a loan modification again.
[09:47.280 --> 09:49.560]  They just sent me another loan modification form.
[09:49.560 --> 09:50.560]  Okay.
[09:50.560 --> 09:51.560]  Okay.
[09:51.560 --> 09:58.920]  That may just be a computer error or something doesn't know that your loan modification was
[09:58.920 --> 10:02.720]  completed and it just bumped out that error, that letter.
[10:02.720 --> 10:06.920]  Have you contacted Bank of America about it?
[10:06.920 --> 10:07.920]  Okay.
[10:07.920 --> 10:11.760]  No, no.
[10:11.760 --> 10:13.520]  Have you contacted Bank of America?
[10:13.520 --> 10:14.920]  Oh, I haven't.
[10:14.920 --> 10:17.200]  I haven't been within the hours to do that.
[10:17.200 --> 10:18.200]  So what happened?
[10:18.200 --> 10:19.200]  Yeah.
[10:19.200 --> 10:20.200]  Contacted first.
[10:20.200 --> 10:25.960]  This may just be a computer glitch and it may mean nothing, but whatever you do, don't
[10:25.960 --> 10:33.960]  lose that letter, if there's any follow-up, then absolutely you need to take action.
[10:33.960 --> 10:40.600]  And if you're up to date, you ought to see the crap-ole out of them and get them to give
[10:40.600 --> 10:46.520]  you a real modification, but cut the principle in half.
[10:46.520 --> 10:51.680]  And you mentioned that when they did the modification, they raised the principle.
[10:51.680 --> 10:55.280]  Say that again.
[10:55.280 --> 11:01.080]  You mentioned when I talked to you earlier today that you owed $75,000 and when you got
[11:01.080 --> 11:03.640]  the modification, they headed up to 80 something.
[11:03.640 --> 11:04.640]  Correct.
[11:04.640 --> 11:09.240]  They went up to $88,000 for me to redo the loan modification.
[11:09.240 --> 11:10.240]  Correct.
[11:10.240 --> 11:15.880]  And I've had a matter of two days to return it.
[11:15.880 --> 11:23.080]  That sounds like they charged you $13,000 to give you a loan modification.
[11:23.080 --> 11:27.360]  And I'd like to see how the numbers work out on that.
[11:27.360 --> 11:28.360]  How well...
[11:28.360 --> 11:31.600]  What kind of modification did they give you?
[11:31.600 --> 11:34.560]  The FHA fixed the year.
[11:34.560 --> 11:37.640]  No, no, no, I'm not interested in all that.
[11:37.640 --> 11:38.640]  Dollars.
[11:38.640 --> 11:44.280]  I mean, you're interested in principle and interest.
[11:44.280 --> 11:47.040]  How did they change the interest that they charged you?
[11:47.040 --> 11:53.440]  They went to $4.85 and I had a $4.85.
[11:53.440 --> 11:54.440]  Wait a minute.
[11:54.440 --> 11:55.440]  Say that again.
[11:55.440 --> 11:56.440]  You had a what?
[11:56.440 --> 12:04.480]  I had a $5.85 bonded fixed and they gave me a $4.85.
[12:04.480 --> 12:12.280]  So they dropped it 1% and charged you $13,000 to do it.
[12:12.280 --> 12:16.960]  That sounds like an unconscionable contract.
[12:16.960 --> 12:23.160]  And it also sounds like fraud because we talked earlier and they sent you the letter two days
[12:23.160 --> 12:28.320]  before they demanded that you sign it or all the deal was off.
[12:28.320 --> 12:30.040]  Correct.
[12:30.040 --> 12:36.240]  Did they have you get behind on your payments before they reduced your modification?
[12:36.240 --> 12:38.920]  That's correct.
[12:38.920 --> 12:40.760]  Did you catch those up?
[12:40.760 --> 12:42.080]  Oh, yes.
[12:42.080 --> 12:43.080]  Yes.
[12:43.080 --> 12:44.080]  Okay.
[12:44.080 --> 12:46.680]  So they have no grounds for it.
[12:46.680 --> 12:47.680]  You ought to sue them.
[12:47.680 --> 12:51.960]  Didn't that give you a real modification?
[12:51.960 --> 13:00.720]  Okay, but as to the letter, it's probably just an error.
[13:00.720 --> 13:07.080]  This doesn't sound like, it didn't sound like they were initiating a foreclosure.
[13:07.080 --> 13:14.400]  If they were initiating a foreclosure, this kind of letter giving you opportunity to repair
[13:14.400 --> 13:21.680]  any default, that's something that would come way down in the process.
[13:21.680 --> 13:28.040]  It wouldn't be one of the first things they had to do in order to properly do a foreclosure.
[13:28.040 --> 13:30.000]  So I seriously doubt that's what it is.
[13:30.000 --> 13:32.400]  It's probably just an error.
[13:32.400 --> 13:35.400]  I hope it's an error.
[13:35.400 --> 13:41.320]  The typical form looking for that and then of course it's enclosed with checklist, request
[13:41.320 --> 13:47.320]  for modification and affidavit, household expenses, Dodd-Frank certification, authorization,
[13:47.320 --> 13:50.440]  acknowledgment form, third party authorization form.
[13:50.440 --> 13:55.640]  It seems as though I went through that with modification, it seems.
[13:55.640 --> 14:01.200]  It's probably, that sounds like a computer glitch, that it sent you this letter here
[14:01.200 --> 14:02.960]  and just wasn't supposed to.
[14:02.960 --> 14:09.040]  So I would check on that Monday and if there's any problem, if they continue, then just sue
[14:09.040 --> 14:11.480]  them.
[14:11.480 --> 14:14.840]  Good suit, bad suit, pick.
[14:14.840 --> 14:18.480]  You sue them, it's going to cost them a lot of money.
[14:18.480 --> 14:22.240]  And since you're up to date, they don't have a counter claim.
[14:22.240 --> 14:26.760]  All they can do, look at doing, is losing money.
[14:26.760 --> 14:31.360]  And most everyone who sues when they're up to date, the bank comes to them and says,
[14:31.360 --> 14:36.040]  let's make a deal, because the banks are ultimately pragmatic.
[14:36.040 --> 14:38.760]  It's all about the money.
[14:38.760 --> 14:45.040]  They look at it and do a calculation on the money and they say, this person's going to
[14:45.040 --> 14:52.480]  cost us a bundle, let's make an offer and make this go away.
[14:52.480 --> 14:57.120]  Especially if you look closely at the loan documentation.
[14:57.120 --> 15:06.320]  The suits we're preparing now, we have a kind of a blanket filled in the blanks, every initial
[15:06.320 --> 15:07.320]  suit.
[15:07.320 --> 15:16.320]  It goes specifically to standing, the one thing they have a hard time proving up.
[15:16.320 --> 15:22.400]  And we only filed that one issue, they're one of their toughest issues.
[15:22.400 --> 15:29.640]  And you work them through the courts on that one and once they prove upstanding, see we
[15:29.640 --> 15:37.720]  maintain that this guy telling me that I owe you money, who the heck are you?
[15:37.720 --> 15:41.800]  I never entered into a contract with you, I don't know you from Adam.
[15:41.800 --> 15:47.280]  Now you claim to have authority to collect this debt and you could be just some chump
[15:47.280 --> 15:51.840]  off the street, prove it.
[15:51.840 --> 16:00.440]  And since whoever it is, if it's a servicer in your case, made the demand for payment.
[16:00.440 --> 16:06.600]  In making the demand, they invoke the duty to prove upstanding to make that demand.
[16:06.600 --> 16:12.640]  So this suit asks them to do that or insists that they do that.
[16:12.640 --> 16:16.160]  One of the things you want to do is look at all the paperwork they have and run all the
[16:16.160 --> 16:20.000]  names through a private investigator.
[16:20.000 --> 16:27.160]  And see if they come back a robo signer, if it does, they have themselves a problem.
[16:27.160 --> 16:34.600]  And if they get past that, then you say, oh, so you're in those dirty rotten scoundrels
[16:34.600 --> 16:36.080]  that rip me off.
[16:36.080 --> 16:41.080]  I've been looking for you, let me see you for the fraud, let's start the process all
[16:41.080 --> 16:42.080]  over again.
[16:42.080 --> 16:47.680]  Okay, this is Randy Kelton, the head of Steve and Teddy Craig, we have La Radio, our calling
[16:47.680 --> 16:54.760]  number is 512-646-1984, we're going to break, we'll be right back and finish up with Sarah
[16:54.760 --> 17:01.560]  on the other side and then go to Mark and Gene, we'll be right back.
[17:01.560 --> 17:05.080]  Capital Corn and Bullion is a family owned and operated business that has helped many
[17:05.080 --> 17:07.800]  families and friends in protecting their assets.
[17:07.800 --> 17:09.960]  And we would like to do the same for you.
[17:09.960 --> 17:16.400]  In addition to coins and bullion, we now offer Patriot Saves, ammunition, Berkey water products,
[17:16.400 --> 17:21.680]  health certificates, wristbands, and our new Silver Pool, a new way to guarantee silver
[17:21.680 --> 17:24.280]  by prepaying at a locked price.
[17:24.280 --> 17:27.760]  We can even help you set up a metals IRA account.
[17:27.760 --> 17:32.880]  Call us at 512-646-640 for more details.
[17:32.880 --> 17:38.400]  As always, we buy, sell and trade precious metals and cater to those with all sizes of
[17:38.400 --> 17:39.400]  coin collections.
[17:39.400 --> 17:46.560]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canaan, next
[17:46.560 --> 17:49.560]  to the Ikebon Sushi and the Genie Car Wash.
[17:49.560 --> 17:54.000]  We're open Monday through Friday, 10-6, Saturdays, 10-5.
[17:54.000 --> 18:00.440]  Visit us at CapitalCoinandBullion.com or call 512-646-640.
[18:00.440 --> 18:05.720]  Are you being harassed by debt collectors with song calls, letters, or even lawsuits?
[18:05.720 --> 18:09.400]  Ask debt collectors now with the Michael Merris Proven Method.
[18:09.400 --> 18:13.560]  Michael Merris has won six cases in federal court against debt collectors and now you
[18:13.560 --> 18:14.560]  can win two.
[18:14.560 --> 18:19.360]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.360 --> 18:25.200]  civil rights statutes, what to do when contacted by phones, mail, or court summons, how to answer
[18:25.200 --> 18:29.760]  letters and phone calls, how to get debt collectors out of your credit reports, how to turn the
[18:29.760 --> 18:33.960]  financial tables on them and make them pay you to go away.
[18:33.960 --> 18:39.080]  The Michael Merris Proven Method is the solution for how to stop debt collectors.
[18:39.080 --> 18:41.200]  Personal consultation is available as well.
[18:41.200 --> 18:46.760]  For more information, please visit ruleoflawradio.com and click on the blue Michael Merris banner
[18:46.760 --> 18:49.720]  or email Michael Merris at yahoo.com.
[18:49.720 --> 18:58.760]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.760 --> 18:59.760]  collectors next.
[18:59.760 --> 19:08.160]  Well, don't let nothing get to you, only the father can deliver you, don't let bad mind
[19:08.160 --> 19:17.200]  people hurt you, until they can get behind you, you know what I mean, my friend, knowledge
[19:17.200 --> 19:32.920]  about children, don't steal your heart and grief, tellin' your problem, callin' his name
[19:32.920 --> 19:33.920]  once again.
[19:33.920 --> 19:34.920]  Okay, in the back, there you help debt collectors crave your heart and grief.
[19:34.920 --> 19:35.920]  Rule of Law Radio, talkin' to Sarah in Texas.
[19:35.920 --> 19:36.920]  Hello?
[19:36.920 --> 19:43.360]  Okay, Sarah, do you have any other questions or issues?
[19:43.360 --> 19:44.360]  The other question?
[19:44.360 --> 19:52.480]  Well, I've also, this month, they increased the mortgage a hundred bucks, to my surprise.
[19:52.480 --> 20:04.080]  Do you have a variable rate mortgage, an arm, or do you have a fixed rate?
[20:04.080 --> 20:05.080]  Correct.
[20:05.080 --> 20:11.240]  No, no, no, that was a question, which one is the other?
[20:11.240 --> 20:13.680]  How can they increase with that notice?
[20:13.680 --> 20:14.680]  No, no.
[20:14.680 --> 20:20.520]  Do you have an adjustable rate mortgage, or do you have a fixed rate mortgage?
[20:20.520 --> 20:22.520]  I have a fixed.
[20:22.520 --> 20:33.840]  Oh, that is wonderful, okay, I'm gonna suggest, what I always suggest, is these guys are dirty
[20:33.840 --> 20:43.160]  white and scoundrels, and one of the tricks the banks call, is they don't charge you enough.
[20:43.160 --> 20:49.240]  And, I've talked to people who, when I run the numbers, I look at what they're being
[20:49.240 --> 20:54.080]  charged, and I look at what they're loan calls for, and I say, wait a minute, they're not
[20:54.080 --> 20:58.800]  charges you as much as they should, and I had several people say, well, I know that,
[20:58.800 --> 21:05.320]  I saw that, but I figured I was getting a deal, oh, no, no, no, the banks don't make
[21:05.320 --> 21:11.040]  these mistakes, that's not a mistake.
[21:11.040 --> 21:16.600]  What they're gonna do, is they're gonna watch your payment history, and the first time you're
[21:16.600 --> 21:23.280]  slow pay, two times in a row, they're gonna come to you and say, oh my goodness, we made
[21:23.280 --> 21:31.040]  a boo-boo, we haven't been charging you enough, you gotta pay us 10 grand, and we're gonna
[21:31.040 --> 21:33.880]  foreclose tomorrow.
[21:33.880 --> 21:38.680]  I have a number of people who were foreclosed on, and they never missed a payment.
[21:38.680 --> 21:40.760]  This is how the banks do it.
[21:40.760 --> 21:45.280]  So now, the banks are charging you more than they should.
[21:45.280 --> 21:47.720]  First thing I would want to do is run the numbers.
[21:47.720 --> 21:55.880]  I want to see what you're actually paying, as compared to what you should be paying,
[21:55.880 --> 22:00.600]  and if in fact they are overcharging you, that's fraud.
[22:00.600 --> 22:05.040]  Now we want to see what they're doing with those overcharges, we want to see how they're
[22:05.040 --> 22:12.280]  calculating the figures, how they're calculating the interest, because if there is an overcharge,
[22:12.280 --> 22:15.240]  it should come off the principle.
[22:15.240 --> 22:21.200]  But it looks like you were paying ahead of time, or overpayments, so they figured you
[22:21.200 --> 22:25.840]  got a lot of money, they'd scam you out a little more.
[22:25.840 --> 22:31.800]  I'd look at it, let them build up a pretty good claim, well actually I could build a
[22:31.800 --> 22:36.920]  pretty good claim anyway, and then see them for fraud.
[22:36.920 --> 22:43.120]  They can't come to the court and say, oh my goodness, we made a booboo.
[22:43.120 --> 22:47.440]  We accidentally charged you too much, and so you're going to say, well just how on earth
[22:47.440 --> 22:49.520]  did you manage to do that?
[22:49.520 --> 22:56.480]  Did you have some accountant sitting down here at a typewriter making up a bill?
[22:56.480 --> 22:59.440]  Oh no, the computer did it.
[22:59.440 --> 23:09.920]  And you don't have procedures in place to insure against these kinds of errors?
[23:09.920 --> 23:16.840]  So tell me, how often does the computer just decide to make a mistake and overcharge the
[23:16.840 --> 23:24.640]  customer, and just precisely how did it manage to do that without some operator directing
[23:24.640 --> 23:26.320]  it to do that?
[23:26.320 --> 23:31.360]  Presumption here is theft in front.
[23:31.360 --> 23:37.360]  The banks are getting in a bad light, I keep telling people.
[23:37.360 --> 23:46.000]  You will not win your case because you have the law and the facts on your side.
[23:46.000 --> 23:52.880]  And don't get too excited about that, I mean it's not like it's something new, it's always
[23:52.880 --> 23:55.360]  been that way.
[23:55.360 --> 23:57.440]  Something has changed.
[23:57.440 --> 24:01.600]  The courts have always been corrupt.
[24:01.600 --> 24:04.080]  It has always been that.
[24:04.080 --> 24:10.600]  You will win your case if you have the politics on your side.
[24:10.600 --> 24:17.520]  And you and I being the pro-say, low-level, no-nothings, the politics is almost never
[24:17.520 --> 24:20.920]  on their side, or our side.
[24:20.920 --> 24:31.520]  I say almost never, because the worm is turning in Washington and around all the states.
[24:31.520 --> 24:37.240]  The legislators are getting voted out in record numbers, and they need a scapegoat to throw
[24:37.240 --> 24:40.960]  at the taxpayer and at the voter.
[24:40.960 --> 24:48.200]  The only one they got are the lenders, and they've thrown them to the bulls.
[24:48.200 --> 24:57.320]  So it's a good time to sue them, and charge them criminally with stealing money from you.
[24:57.320 --> 25:01.360]  Now if I reach in your pocket and take out $100 without your permission, you're going
[25:01.360 --> 25:05.360]  to call the police and want me arrested.
[25:05.360 --> 25:06.840]  How's this bank any different?
[25:06.840 --> 25:07.840]  I hear you.
[25:07.840 --> 25:08.840]  And they're doing it to you.
[25:08.840 --> 25:17.440]  They're doing it to your kids, your grandkids, your neighbors, doing it to everybody else.
[25:17.440 --> 25:20.440]  And it's our duty to put a stop to it.
[25:20.440 --> 25:23.440]  Besides, it's fun.
[25:23.440 --> 25:24.440]  Okay.
[25:24.440 --> 25:27.440]  Do you have any other questions or issues?
[25:27.440 --> 25:28.440]  No.
[25:28.440 --> 25:32.360]  I wonder if this isn't triggered, maybe two, out of...
[25:32.360 --> 25:43.080]  I just got my taxes on the House Lord, $6,000, and they were going to be noticing and notifying
[25:43.080 --> 25:46.920]  the bank, of course, on the House.
[25:46.920 --> 25:52.720]  But the bank, that won't have much to do with the bank, except your escrow will go down,
[25:52.720 --> 25:55.120]  which that does bring up a good question.
[25:55.120 --> 26:00.160]  Where does the $100 extra come from?
[26:00.160 --> 26:02.320]  Is it an escrow charge?
[26:02.320 --> 26:03.320]  No.
[26:03.320 --> 26:08.240]  They just put it on the mortgage as far as I can see.
[26:08.240 --> 26:17.640]  But look at, does your billing show principle and interest?
[26:17.640 --> 26:18.640]  Or does it just show a payment?
[26:18.640 --> 26:21.640]  I'll have to look at that later, yeah.
[26:21.640 --> 26:22.640]  Okay.
[26:22.640 --> 26:25.640]  We need to talk off the air about this.
[26:25.640 --> 26:32.920]  You might want to go to readingsandreadestate.com and there's a calculate fraud page.
[26:32.920 --> 26:38.000]  Fill out that calculate fraud page and then call me.
[26:38.000 --> 26:46.960]  From that, I can gather a lot and then I get out your payments, your payment history.
[26:46.960 --> 26:50.560]  You might ask the bank to send you a complete payment history.
[26:50.560 --> 26:54.360]  They have all that in the computer.
[26:54.360 --> 26:59.360]  We have a look at those numbers and see how they match up to what you should be paying.
[26:59.360 --> 27:00.360]  Okay.
[27:00.360 --> 27:02.360]  We're going to move on.
[27:02.360 --> 27:03.360]  Thank you.
[27:03.360 --> 27:07.920]  We've got a couple of callers, but go to remediesandreadestate.com and fill out the
[27:07.920 --> 27:10.920]  calculate fraud page and then call me.
[27:10.920 --> 27:11.920]  Okay.
[27:11.920 --> 27:19.920]  We're going to go to Mark in Wisconsin and I know Mark is causing trouble.
[27:19.920 --> 27:25.920]  I'm always causing a little trouble.
[27:25.920 --> 27:28.800]  Hey, what's going on there?
[27:28.800 --> 27:32.160]  Are you guys shaking up Texas?
[27:32.160 --> 27:33.160]  We're working on it.
[27:33.160 --> 27:38.160]  Actually, what I'm doing is shaking up the whole country at the moment.
[27:38.160 --> 27:40.560]  How's that?
[27:40.560 --> 27:44.160]  You guys got any wins lately with the mortgage stuff?
[27:44.160 --> 27:47.480]  Well, it depends on what you'd call it.
[27:47.480 --> 27:49.000]  Man, we have a lot of people.
[27:49.000 --> 27:54.440]  Oh, we have a pretty good one in Minnesota.
[27:54.440 --> 28:02.600]  This last suit we put together, it is having a powerful effect.
[28:02.600 --> 28:10.520]  The guy in Minnesota filed it and since it only names the attorney, three days after he
[28:10.520 --> 28:21.320]  filed it, he got a response from the attorney and they were visibly unhappy in reading the
[28:21.320 --> 28:22.320]  pleading.
[28:22.320 --> 28:28.000]  I got the impression that they were shaken because of the nature of their answer.
[28:28.000 --> 28:32.800]  Everything they said was you teach to an attorney when he's representing a client.
[28:32.800 --> 28:34.800]  Yes, you can.
[28:34.800 --> 28:35.800]  That's what I thought.
[28:35.800 --> 28:36.800]  Are you kidding?
[28:36.800 --> 28:37.800]  Of course you can.
[28:37.800 --> 28:50.800]  We know how to say that the periods though, many of our claims were against the bank
[28:50.800 --> 28:51.800]  and not them.
[28:51.800 --> 28:58.520]  We said, wait a minute, we only have one claim.
[28:58.520 --> 29:03.040]  Our claim is you're a debt collector.
[29:03.040 --> 29:11.920]  Now, in the code when an attorney represents the holder of a debt, he's not a debt collector.
[29:11.920 --> 29:17.360]  He's only a debt collector if he's a third party trying to collect a debt where he doesn't
[29:17.360 --> 29:19.440]  have an interest in it.
[29:19.440 --> 29:24.160]  So an attorney working for the holder is not a debt collector and we're saying, okay,
[29:24.160 --> 29:28.320]  you claim you're working for the holder, prove it.
[29:28.320 --> 29:32.360]  If you can't prove it, you're a debt collector and I knew what they were thinking.
[29:32.360 --> 29:33.360]  Oh my goodness.
[29:33.360 --> 29:36.920]  What if Wells Fargo can't prove there's a holder?
[29:36.920 --> 29:38.920]  These guys are going to clobber us.
[29:38.920 --> 29:39.920]  Okay.
[29:39.920 --> 29:45.760]  Hang on, Mark, we're going to break.
[29:45.760 --> 29:52.760]  This is Randy Kelton, Deputy Secretary Craig, Rule of Law Radio, call in number 512-646-1984.
[29:52.760 --> 29:55.760]  We'll be right back.
[29:55.760 --> 30:05.000]  The Rule of Law Radio Network is proud to present a due process of law seminar hosted
[30:05.000 --> 30:06.600]  by our own Eddie Craig.
[30:06.600 --> 30:10.880]  Eddie is a former Nacodotius Sheriff's Deputy and for the past 21 years he's been studying
[30:10.880 --> 30:15.040]  the due process of law and now offers his knowledge to you at a seminar every Sunday
[30:15.040 --> 30:20.480]  from 2 o'clock to 5 o'clock at Brave New Books, located at 1904 Guadalupe Street.
[30:20.480 --> 30:25.120]  Admission is $20, so please make plans to come by and sit with Eddie and learn for yourself
[30:25.120 --> 30:28.480]  what the true intent of law really is.
[30:28.480 --> 30:35.480]  We've all seen movies where the bad guys plan to bug in someone's office, but what
[30:35.480 --> 30:38.880]  if the government secretly bugged thousands of innocent people?
[30:38.880 --> 30:43.120]  I'm Dr. Catherine Albrecht and I'll be back in a moment to tell you where it actually
[30:43.120 --> 30:44.120]  happened.
[30:44.120 --> 30:49.760]  Your search engine is watching you, recording all your searches and creating a massive database
[30:49.760 --> 30:51.880]  of your personal information.
[30:51.880 --> 30:52.880]  That's creepy.
[30:52.880 --> 30:54.840]  But it doesn't have to be that way.
[30:54.840 --> 30:57.960]  StartPage.com is the world's most private search engine.
[30:57.960 --> 31:02.120]  StartPage doesn't store your IP address, make a record of your searches or use tracking
[31:02.120 --> 31:04.360]  cookies and their third party certified.
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[31:11.440 --> 31:15.000]  StartPage.com, the world's most private search engine.
[31:15.000 --> 31:17.000]  It's the toll transponder from hell.
[31:17.000 --> 31:20.720]  You know the easy pass people stick on their windshields to pay for tolls?
[31:20.720 --> 31:24.760]  Here in the US, they track each time you pass through a toll booth.
[31:24.760 --> 31:28.880]  That's pretty bad, but it's nothing compared to what they did in China.
[31:28.880 --> 31:33.360]  According to a Hong Kong newspaper, the Chinese government secretly hid powerful listening
[31:33.360 --> 31:37.960]  devices and the windshield transponders issued to Chinese drivers.
[31:37.960 --> 31:43.000]  Experts say the devices could pick up conversations and transmit them miles away to government
[31:43.000 --> 31:44.000]  authorities.
[31:44.000 --> 31:49.560]  Thousands of innocent people are believed to have been spied on in this way since 2007.
[31:49.560 --> 31:52.600]  Talk about a Trojan horse or a Chinese one.
[31:52.600 --> 32:08.840]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[32:08.840 --> 32:31.480]  Okay, we're back, we're heading back to Stephen St. Craig, we're on the radio, we're talking
[32:31.480 --> 32:38.680]  to the market, Mr. Johnson, and we're talking about the new suit we're finding.
[32:38.680 --> 32:47.840]  The reason we filed it this way is because if you're not certain that this person has
[32:47.840 --> 32:57.400]  authority to enforce the note, you can't make any claims concerning the note because he
[32:57.400 --> 33:04.200]  may be representing some other note you don't know about, or he may have absolutely no authority
[33:04.200 --> 33:07.040]  to represent this note at all.
[33:07.040 --> 33:15.720]  If you're paying a note and you're not paying the entity with whom you created the note,
[33:15.720 --> 33:24.760]  then you may or may not be paying the person or entity that holds the note on your property.
[33:24.760 --> 33:34.320]  The banks have been so incredibly lax in their bookkeeping and all of this mess with MERS
[33:34.320 --> 33:41.280]  and destroying the originals trying to create a paperless system has created a horrible
[33:41.280 --> 33:52.040]  mess for you and the banks, for you because you don't know who owns your note.
[33:52.040 --> 34:03.080]  And when you signed your signature on a promise to pay, you only had one purpose in mind,
[34:03.080 --> 34:10.880]  and that was achieving quiet title at consummation of the note.
[34:10.880 --> 34:16.000]  The only purpose of paying them all this money all this time is so when they were finished,
[34:16.000 --> 34:22.400]  they'd put that note back in your hand, the original that you signed so you would know
[34:22.400 --> 34:24.720]  nobody else has it.
[34:24.720 --> 34:28.640]  So if anyone else comes to you making a claim and say, I have a claim against this property
[34:28.640 --> 34:33.160]  on this note, you could wave yours at them and say, I got the original.
[34:33.160 --> 34:38.840]  If I write you a check and you go cash it, I want that original back.
[34:38.840 --> 34:44.400]  Now of late, the banks are scanning in the originals and destroying the originals and
[34:44.400 --> 34:50.640]  sending you back prima facie evidence that the check has been cancelled so nobody else
[34:50.640 --> 34:52.200]  can try to bring it.
[34:52.200 --> 35:00.920]  They haven't made those concessions with the promissory note they tried to, but they didn't
[35:00.920 --> 35:04.320]  have the law to support them doing it.
[35:04.320 --> 35:10.320]  And when the real estate bubbled burst and people started saying where's the note, the
[35:10.320 --> 35:16.720]  banks went out and put together these companies to recreate forgeries of the note.
[35:16.720 --> 35:24.200]  So you have no idea if you spend the next 30 years paying off your note, whether or not
[35:24.200 --> 35:27.560]  you can get quiet title.
[35:27.560 --> 35:33.400]  So if you're up to date, you need to make sure these guys produce you quiet title.
[35:33.400 --> 35:39.840]  Send in the demand under 3-501 uniformed commercial code for production of the original
[35:39.840 --> 35:40.840]  security instruments.
[35:40.840 --> 35:43.480]  They can't produce it.
[35:43.480 --> 35:52.600]  And under 3-501, they are statutorily stopped from further collection and you need to make
[35:52.600 --> 35:56.440]  sure you're paying the right people.
[35:56.440 --> 36:01.280]  So that's what our original suit does, one issue, one issue only.
[36:01.280 --> 36:09.320]  So this attorney saying, hey, he has all these claims against the bank, he should be making
[36:09.320 --> 36:14.080]  those against the bank and we put in there well.
[36:14.080 --> 36:15.080]  That's interesting.
[36:15.080 --> 36:18.720]  We have claims against the bank, wonderful.
[36:18.720 --> 36:24.640]  If you just tell us what those are, well, we'll sue them too.
[36:24.640 --> 36:29.120]  Okay, I got to regulate.
[36:29.120 --> 36:31.440]  What was your question, Mark?
[36:31.440 --> 36:42.000]  Oh, I got a thing, my father's getting his house foreclosed on and that's happening on
[36:42.000 --> 36:48.440]  the 23rd and I haven't been able to get anything going yet and I was wondering if I can get
[36:48.440 --> 36:52.880]  a federal complaint from you guys so I can get this done.
[36:52.880 --> 36:53.880]  Yes.
[36:53.880 --> 36:56.000]  What do you suggest they do in the local court?
[36:56.000 --> 37:01.280]  Go to, I don't suggest you go in the local court at all.
[37:01.280 --> 37:02.280]  In Wisconsin.
[37:02.280 --> 37:07.280]  Minnesota is the worst but Wisconsin may be close to second.
[37:07.280 --> 37:09.280]  Yeah, this is Illinois.
[37:09.280 --> 37:10.280]  It's a toss-up.
[37:10.280 --> 37:11.280]  Oh, it's Illinois?
[37:11.280 --> 37:12.280]  Yeah.
[37:12.280 --> 37:25.520]  Oh, that's a, that's a, what you call it, a judicial state where they have to file, have
[37:25.520 --> 37:27.520]  they already filed the process?
[37:27.520 --> 37:29.520]  Yes, they have.
[37:29.520 --> 37:35.440]  Do you have a feel for Illinois courts?
[37:35.440 --> 37:40.360]  How are they handling this particular issue?
[37:40.360 --> 37:41.360]  Not too well.
[37:41.360 --> 37:48.560]  You know, it's a Chicago mob type of, yeah, that's kind of what I figured but then again,
[37:48.560 --> 37:54.520]  even there, you know, I grew up on the New North side so I'm real aware of it.
[37:54.520 --> 38:00.000]  Even there, they're subject to the politics and the politics is moving strongly against
[38:00.000 --> 38:11.560]  the banks and the courts have created a condition by ignoring these demands to prove agency.
[38:11.560 --> 38:18.000]  They've created a situation to where they may have to re-adjudicate all of these foreclosures.
[38:18.000 --> 38:25.320]  So by trying to make their lives easier, they created a horrible mess that they'll be dealing
[38:25.320 --> 38:28.560]  with for generation.
[38:28.560 --> 38:35.480]  So I was expecting that we may be reaching the point to where the local courts are getting
[38:35.480 --> 38:39.000]  more sensitive to this issue.
[38:39.000 --> 38:44.360]  You could certainly make this accusation in the state court.
[38:44.360 --> 38:47.880]  They, the other side, filed the case.
[38:47.880 --> 38:51.120]  How long ago did they file?
[38:51.120 --> 38:55.480]  It's going into the local court on the 23rd and I wondered what I should do about that.
[38:55.480 --> 39:04.960]  Well, the reason I'm asking that question is when a case is filed in the state court,
[39:04.960 --> 39:09.360]  the other side has 30 days to remove it to the federal court.
[39:09.360 --> 39:14.880]  However, in thinking about it, that's not going to apply here.
[39:14.880 --> 39:17.640]  Have you filed an answer to the original plea?
[39:17.640 --> 39:19.480]  No, I haven't yet.
[39:19.480 --> 39:20.480]  Okay.
[39:20.480 --> 39:22.280]  How long ago did they file the original plea?
[39:22.280 --> 39:27.960]  I should go with that because my brother made an offer to pay if they would show the note.
[39:27.960 --> 39:28.960]  They wouldn't do that.
[39:28.960 --> 39:36.040]  And I've also, in the meantime, set them up for probably about $50,000 worth of FCRA
[39:36.040 --> 39:37.040]  violations.
[39:37.040 --> 39:38.040]  Good.
[39:38.040 --> 39:46.680]  If you had handled that issue, I suggest a good federal suit and remove the state case
[39:46.680 --> 39:47.680]  to the federal.
[39:47.680 --> 39:51.960]  And yes, we can have that out to you almost immediately.
[39:51.960 --> 40:04.160]  You need the cover page and all of the associated documents and we also need a initial motion
[40:04.160 --> 40:14.480]  for discovery of just rewriting that today, where we maintain that we're challenging
[40:14.480 --> 40:21.040]  agency of the actor to act as agent for the principal.
[40:21.040 --> 40:29.040]  And since the agent has claimed agency, surely it's easy enough for him to prove it up.
[40:29.040 --> 40:35.840]  In the Minnesota case, they wrote a long brief, but they never offered any proof of
[40:35.840 --> 40:36.840]  agency.
[40:36.840 --> 40:42.360]  It had been much easier just to provide the original security instrument and a complete
[40:42.360 --> 40:46.840]  chain of ownership of the security instrument.
[40:46.840 --> 40:54.360]  And we put in the suit that if they provided that, we would stipulate and amend the suit
[40:54.360 --> 40:56.280]  to address the true holder.
[40:56.280 --> 41:01.200]  But right now, we don't know who that true holder is, so we can't address the true holder.
[41:01.200 --> 41:04.720]  And it's not unreasonable to ask them to prove their claim.
[41:04.720 --> 41:05.720]  No, it's not.
[41:05.720 --> 41:06.720]  So we ask them.
[41:06.720 --> 41:12.320]  People don't talk about this, Randy, but the attorneys are responsible for making sure
[41:12.320 --> 41:18.240]  that they do have title before they go into court and demand to take property back, don't
[41:18.240 --> 41:19.240]  they?
[41:19.240 --> 41:20.240]  Absolutely.
[41:20.240 --> 41:23.120]  So that's why we're going after them.
[41:23.120 --> 41:31.200]  And just reading their pleadings, it was clear they felt like they were the deer in the headlights.
[41:31.200 --> 41:38.080]  They're thinking, boy, if Wells Fargo can't prove this up, we are toast.
[41:38.080 --> 41:40.040]  So this is what we do.
[41:40.040 --> 41:47.000]  You go in and file against the attorneys doing the suit and file against them in the federal
[41:47.000 --> 41:48.200]  court.
[41:48.200 --> 41:49.200]  I'd like to do that.
[41:49.200 --> 41:50.800]  You know I like to beat up attorneys.
[41:50.800 --> 41:53.280]  Oh, you're going to like this.
[41:53.280 --> 41:55.280]  You're going to like this new process.
[41:55.280 --> 41:58.240]  The first thing we do is we do this one.
[41:58.240 --> 42:05.080]  And if they come in and prove up agency, or if they give the judge some garbage crapola
[42:05.080 --> 42:13.320]  and the corrupt judge rules in their favor, then we say, oh, so the bank there, that's
[42:13.320 --> 42:19.200]  the dirty, rotten scoundrel that pulled all this fraud, and then we go back after them
[42:19.200 --> 42:21.680]  for all the false fees.
[42:21.680 --> 42:25.920]  That's the second issue none of them want to touch.
[42:25.920 --> 42:32.960]  We've got almost 500 have been filed making the claim on these false fees.
[42:32.960 --> 42:37.720]  We claim all the fees they charge on the HUD 1 settlement statement are false, every one
[42:37.720 --> 42:42.880]  of them, because you didn't provide documentation to show that they weren't.
[42:42.880 --> 42:47.320]  And but however, if you prove one up with documentation, well, we will deduct it from
[42:47.320 --> 42:49.320]  our calculation.
[42:49.320 --> 42:56.760]  So Mark, you got any idea how many fees have been proved up by any of these litigants?
[42:56.760 --> 43:01.400]  Zero, because if they had to prove up one, they'd have to prove them all up.
[43:01.400 --> 43:02.920]  Exactly.
[43:02.920 --> 43:04.480]  So we create that adverse interest.
[43:04.480 --> 43:10.640]  We have never had a bank address these false fees other than to say, oh, that's just a
[43:10.640 --> 43:11.640]  vague claim.
[43:11.640 --> 43:14.440]  We don't know what they're asking.
[43:14.440 --> 43:19.160]  We found the state of claim of which the public had to claim must be specific.
[43:19.160 --> 43:22.120]  So we know precisely what we're being accused of.
[43:22.120 --> 43:28.640]  Well, we stayed on this day at this place of closing.
[43:28.640 --> 43:37.640]  At this time, the lender charged this much money for this alleged fee.
[43:37.640 --> 43:42.480]  I don't know how to get more specific.
[43:42.480 --> 43:44.720]  But this is a big deal for them.
[43:44.720 --> 43:46.200]  That's the second suit.
[43:46.200 --> 43:50.480]  We'll talk about the third when we come back on the other side.
[43:50.480 --> 43:53.640]  Randy Kelton, Dennis Stevens, and Craig, we'll have the radio.
[43:53.640 --> 43:54.640]  Call in number 512-646-1984.
[43:54.640 --> 43:55.640]  We'll be right back.
[43:55.640 --> 44:03.760]  Are you the plaintiff or defendant in a lawsuit?
[44:03.760 --> 44:10.520]  Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand 4-CD course
[44:10.520 --> 44:17.160]  that will show you how in 24 hours, step-by-step, if you have a lawyer, know what your lawyer
[44:17.160 --> 44:18.160]  should be doing.
[44:18.160 --> 44:22.520]  If you don't have a lawyer, know what you should do for yourself.
[44:22.520 --> 44:27.520]  Thousands have won with our step-by-step course, and now you can too.
[44:27.520 --> 44:34.120]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[44:34.120 --> 44:38.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[44:38.640 --> 44:42.960]  the principles and practices that control our American courts.
[44:42.960 --> 44:49.080]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[44:49.080 --> 44:51.520]  pro se tactics, and much more.
[44:51.520 --> 44:59.640]  Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-E-V.
[44:59.640 --> 45:04.720]  Hey, did you hear Ron Paul's announcement running for president in 2012?
[45:04.720 --> 45:05.720]  It is Ron Paul.
[45:05.720 --> 45:06.720]  Really?
[45:06.720 --> 45:08.360]  Okay, put down the cell phone for one minute.
[45:08.360 --> 45:11.360]  Your friends really don't care about your Twitter updates on what you had for breakfast.
[45:11.360 --> 45:14.760]  Oh, but I love to make those little smiley faces with punctuation marks.
[45:14.760 --> 45:15.760]  Of course you do.
[45:15.760 --> 45:16.760]  Now, listen closely.
[45:16.760 --> 45:19.920]  You need to go down to Brave New Books and learn as much as you can about Ron Paul and
[45:19.920 --> 45:21.680]  his message before it's too late.
[45:21.680 --> 45:24.400]  They have all of his books and many of the books he talks about.
[45:24.400 --> 45:28.040]  They also have t-shirts, bumper stickers, and yard signs so that you can show your support
[45:28.040 --> 45:29.040]  for him during the campaign.
[45:29.040 --> 45:30.040]  Brave New Books?
[45:30.040 --> 45:32.040]  Did they have Harry Potter and Twilight?
[45:32.040 --> 45:36.280]  No, but they do carry a large selection of survival and preparedness books to protect
[45:36.280 --> 45:38.080]  your family in time of emergency.
[45:38.080 --> 45:40.480]  Ugh, that sounds like that show on the Discovery Channel.
[45:40.480 --> 45:44.360]  Yeah, there's even a wilderness survival expert that teaches classes called Earthskill
[45:44.360 --> 45:48.360]  School that you can sign up for on the website bravenewbookstore.com.
[45:48.360 --> 45:49.360]  What are you doing?
[45:49.360 --> 45:52.760]  I'm tweeting all my friends that they should go to bravenewbookstore.com or down to the
[45:52.760 --> 45:53.760]  bookstore in person.
[45:53.760 --> 45:54.760]  Where's it located?
[45:54.760 --> 45:55.760]  1904 Guadalupe Street.
[45:55.760 --> 45:56.760]  There, it's sent.
[45:56.760 --> 45:57.760]  I even made a smiley face.
[45:57.760 --> 45:58.760]  Great.
[45:58.760 --> 46:11.760]  Okay, we're back.
[46:11.760 --> 46:32.200]  Randy Kelton, Dr. Stephen Jettie Craig, we're here at Law Radio, and we were talking about
[46:32.200 --> 46:38.040]  how we're going after it, so what we do first is we've kind of broken these down instead
[46:38.040 --> 46:41.520]  of making a lot of claims all at once.
[46:41.520 --> 46:44.840]  Bring it down to individual claims.
[46:44.840 --> 46:52.080]  So first we go after agency and standing, and that should keep us in court for a few
[46:52.080 --> 47:02.120]  months, and once we get through that one, then we go to the false fees, and we've never
[47:02.120 --> 47:05.600]  had anyone address those false fees.
[47:05.600 --> 47:13.080]  That's why we're going to rewrite so that once the agency issue is passed, then we go
[47:13.080 --> 47:22.400]  to the second issue so that we make the first suit and we point it at the attorney, and
[47:22.400 --> 47:29.400]  if he gives us a bogus pleading, then we hit him with bar grievances and motions for sanctions,
[47:29.400 --> 47:32.080]  just to soften him up a little bit.
[47:32.080 --> 47:37.840]  And then when the court rules in his favor and he thinks he's won, we come back and hammer
[47:37.840 --> 47:38.840]  him good.
[47:38.840 --> 47:48.480]  You know, Randy, I should do a separate suit for the FDCPA and FCRA just to put a B in
[47:48.480 --> 47:49.480]  their bonnet.
[47:49.480 --> 47:56.720]  Well, this would be great because we're claiming that they are debt collectors because they
[47:56.720 --> 48:07.120]  have approved of agency, and we're making, the only federal claim we're making is FDCPA
[48:07.120 --> 48:09.400]  and mail fraud.
[48:09.400 --> 48:16.360]  Now, couldn't they just prove up agency just showing the contract between them and their
[48:16.360 --> 48:17.360]  client?
[48:17.360 --> 48:18.360]  Sure.
[48:18.360 --> 48:21.400]  Or does agency have something to do with the note?
[48:21.400 --> 48:25.120]  Well, it has everything to do with the note.
[48:25.120 --> 48:28.240]  The note is the contract.
[48:28.240 --> 48:36.040]  The lien document, the mortgage does not give them a claim against the borrower.
[48:36.040 --> 48:41.320]  That gives them a claim against the property in case the borrower fails to meet all the
[48:41.320 --> 48:43.840]  requirements of the note.
[48:43.840 --> 48:48.080]  The note is the one that counts.
[48:48.080 --> 48:57.520]  So, they can say, we've got this mortgage document, well, okay, you got a photocopy
[48:57.520 --> 49:00.680]  of it, I can go get me one of those.
[49:00.680 --> 49:05.760]  I can shoot off a whole bunch of them and we can get one to everybody in the room here,
[49:05.760 --> 49:10.160]  and that would mean that everybody could collect on the note.
[49:10.160 --> 49:19.560]  I want to see the note, I want to see the note, the original, and I want to see the
[49:19.560 --> 49:22.920]  elonges attached to that note.
[49:22.920 --> 49:28.120]  And I want to see the names on the elonges, if there is an elonge, let me explain what
[49:28.120 --> 49:30.360]  an elonge is.
[49:30.360 --> 49:34.360]  We hear that term here and it's a special term, it only has one meaning.
[49:34.360 --> 49:35.360]  If you've got this...
[49:35.360 --> 49:37.520]  Randy, this is a family show.
[49:37.520 --> 49:41.520]  Oh, okay, I'll be careful.
[49:41.520 --> 49:49.160]  If I write you a check, you can take that check and endorse it to somebody else.
[49:49.160 --> 49:52.280]  And then they can take that check and endorse it to somebody else.
[49:52.280 --> 49:57.680]  Well, checks are very big, they don't have very much room to sign them, so what you can
[49:57.680 --> 50:04.280]  do is attach a document to it that states that this document is intended to be attached
[50:04.280 --> 50:14.600]  to this promissory note and it will contain more endorsements.
[50:14.600 --> 50:21.720]  That document, that attachment would be called an elonge, and with the way the banks trade
[50:21.720 --> 50:29.920]  in these security instruments, they absolutely need elonges because the security instrument
[50:29.920 --> 50:37.680]  changes hands so often, and what they have done in the way that they trade in the security
[50:37.680 --> 50:41.240]  instrument, it's created a real problem.
[50:41.240 --> 50:47.520]  Now let me first say, it's illegal for them to do that.
[50:47.520 --> 50:56.240]  Every one of these notes has a caveat in there that authorizes the lender to transfer the
[50:56.240 --> 50:58.040]  note.
[50:58.040 --> 51:06.240]  So it's legal for them to do that, however, what they have done is transferred the note
[51:06.240 --> 51:14.520]  in a way that created a question, a cloud on the title.
[51:14.520 --> 51:21.200]  It created a question as to who actually holds that note.
[51:21.200 --> 51:27.560]  We have cases, we have one in California where Wells Fargo foreclosed on a guy.
[51:27.560 --> 51:35.200]  And six months later Chase came and initiated foreclosure against him again.
[51:35.200 --> 51:37.080]  This is exactly the problem.
[51:37.080 --> 51:41.640]  They have created such a mess, they don't know who holds the note, so if you pay off
[51:41.640 --> 51:48.320]  this banker, you may have somebody else as soon as you get it paid off, say, hey, I hold
[51:48.320 --> 51:51.720]  this note and you haven't paid me.
[51:51.720 --> 52:04.840]  So that's the first issue, and if an attorney is acting as an agent for a lender, he is
[52:04.840 --> 52:06.880]  not a debt collector.
[52:06.880 --> 52:14.680]  Now granted, he's collecting a debt, but debt collector as used in the Fair Debt Collections
[52:14.680 --> 52:19.640]  Protection Practices Act has a special meaning.
[52:19.640 --> 52:28.920]  And that's a third party collecting a debt who has no direct connection to the original
[52:28.920 --> 52:34.000]  create person who holds, who originally held the note.
[52:34.000 --> 52:40.440]  It's kind of clouded once they start selling it as to who really is a debt collector.
[52:40.440 --> 52:46.320]  But what the courts have held is if the attorney is representing the holder of the note, he's
[52:46.320 --> 52:48.040]  not a third party debt collector.
[52:48.040 --> 52:55.280]  Well, that's kind of strange since this particular attorney that's harassing my father put the
[52:55.280 --> 52:57.560]  mini-maranda on some of his correspondents.
[52:57.560 --> 53:04.720]  Yeah, and I've got case law in that too, and it says just because that is on a document
[53:04.720 --> 53:10.560]  does not render the collector a debt collector.
[53:10.560 --> 53:12.720]  The only thing that renders him a debt collector...
[53:12.720 --> 53:13.720]  Does he mean he's a debt collector?
[53:13.720 --> 53:14.720]  Doesn't mean he's a debt collector?
[53:14.720 --> 53:15.720]  No.
[53:15.720 --> 53:16.720]  That sounds like mail.
[53:16.720 --> 53:17.720]  That's right.
[53:17.720 --> 53:20.320]  No, that's kind of like...
[53:20.320 --> 53:21.320]  That would be like...
[53:21.320 --> 53:24.800]  No, that's judicial finagling what that is.
[53:24.800 --> 53:27.200]  Yeah, that's exactly what that is.
[53:27.200 --> 53:31.960]  The fact that he put it on there doesn't change who he actually is.
[53:31.960 --> 53:39.640]  So what we've claimed is, is we're challenging your agency, and he said we can't sue him
[53:39.640 --> 53:45.800]  because he's collecting the debt for the holder of the debt, well, maybe.
[53:45.800 --> 53:51.880]  And if in fact you are collecting for the true holder, then we'll stipulate, we'll amend
[53:51.880 --> 53:54.000]  this pleading.
[53:54.000 --> 54:00.720]  But until you prove that you are a proper agent for the holder, you're a debt collector,
[54:00.720 --> 54:01.720]  Bubba.
[54:01.720 --> 54:08.600]  You fall under, and you have made a claim that if we don't pay you this money, you're
[54:08.600 --> 54:17.960]  going to take an action that you have no legal authority to take in violation 12 USC 1692
[54:17.960 --> 54:25.400]  F, Fair Debt Collections Protection Act, and that sticks us right squarely in the federal
[54:25.400 --> 54:26.400]  court.
[54:26.400 --> 54:34.520]  And there is no issue of statute limitations because the statute limit, the clock started
[54:34.520 --> 54:37.400]  to run when you made the last demand.
[54:37.400 --> 54:45.720]  There is no issue of vicarious liability because this is an action you took yourself, and we're
[54:45.720 --> 54:48.960]  not making any other issue, any other claims.
[54:48.960 --> 54:55.760]  This guy was so desperate to get the client off his back that he put in a bunch of, you
[54:55.760 --> 55:00.480]  know, this issue of you have claims against the lender, you should be suing the lender,
[55:00.480 --> 55:01.480]  not me.
[55:01.480 --> 55:08.000]  That's a frivolous pleading, and he gets a bar grievance for that.
[55:08.000 --> 55:16.200]  We just softened him up a little bit, and then the magistrate judge got the pleadings
[55:16.200 --> 55:24.960]  and accepted all of the statements of the defendant as true, ignored all of the statements
[55:24.960 --> 55:31.960]  of fact of the plaintiff, and that is exactly the opposite of what he is required to do
[55:31.960 --> 55:34.160]  by law.
[55:34.160 --> 55:41.960]  When you file a pleading, the court must accept all of your statements as true, not as prima
[55:41.960 --> 55:45.200]  facie, but as true.
[55:45.200 --> 55:51.960]  And if you're claim, if considering all of the facts you state to be true would give
[55:51.960 --> 55:55.520]  you a claim against the lender, then you claim stance.
[55:55.520 --> 56:00.920]  In this case, he accepted all of the facts, and this is just a TRO here, and so it really
[56:00.920 --> 56:03.240]  wasn't important.
[56:03.240 --> 56:10.600]  And it was in Minnesota, in Minnesota after foreclosure, you have six months to redeem,
[56:10.600 --> 56:20.680]  so they used to refile the TRO and it stopped the Tuesday sale before we could get to the
[56:20.680 --> 56:21.680]  court.
[56:21.680 --> 56:29.920]  And that rendered the TRO moot, and this moron didn't have enough sense to realize that,
[56:29.920 --> 56:31.920]  so the whole issue's moot.
[56:31.920 --> 56:40.800]  He got him to file another answer, and it was so bogus now we get to file a bar grievance
[56:40.800 --> 56:43.080]  against him and move for sanctions.
[56:43.080 --> 56:50.880]  Now, Ray, how are they coming at you with the 12B6s on your new right, on your new complaints?
[56:50.880 --> 56:51.880]  They haven't.
[56:51.880 --> 56:52.880]  No?
[56:52.880 --> 56:55.320]  We haven't got one yet.
[56:55.320 --> 56:56.560]  Quit it.
[56:56.560 --> 56:57.560]  No claim.
[56:57.560 --> 57:00.960]  There's no claim made.
[57:00.960 --> 57:05.160]  We claim that they don't have agency.
[57:05.160 --> 57:07.720]  That's the only claim.
[57:07.720 --> 57:08.720]  No agency.
[57:08.720 --> 57:09.720]  Oh my God.
[57:09.720 --> 57:10.720]  That's crazy.
[57:10.720 --> 57:20.120]  You know, how can they say, we didn't state the facts sufficient, we say you didn't prove
[57:20.120 --> 57:22.120]  that you were the agent.
[57:22.120 --> 57:23.120]  Prove it up.
[57:23.120 --> 57:24.120]  We'll stipulate.
[57:24.120 --> 57:25.120]  We're easy.
[57:25.120 --> 57:26.120]  It's four pages.
[57:26.120 --> 57:33.120]  Real simple, the issue is real hard to screw out.
[57:33.120 --> 57:38.520]  Hey, and did you have something I can send the local court to say that it's already in
[57:38.520 --> 57:39.520]  federal court?
[57:39.520 --> 57:44.120]  Yeah, we have a removal, we have the whole works.
[57:44.120 --> 57:45.120]  All right.
[57:45.120 --> 57:47.920]  Hey, Chris, Chris said his phone's down.
[57:47.920 --> 57:49.120]  Is there any phone number?
[57:49.120 --> 57:50.120]  I don't know.
[57:50.120 --> 57:51.120]  I can contact someone yet.
[57:51.120 --> 57:52.120]  Yes, you can.
[57:52.120 --> 58:09.120]  You can get me at the number on the ad, the 855-588-8501 or 512-515-1565.
[58:09.120 --> 58:10.120]  Hang on.
[58:10.120 --> 58:15.120]  We'll finish up on the other side and then we'll go to Stephen and Royce.
[58:15.120 --> 58:21.120]  This is Randy Kelton, Debra Stephen, Daddy Craig, Lula Radio.
[58:21.120 --> 58:24.120]  This is our four hour info marathon.
[58:24.120 --> 58:28.120]  We're going to the top of the Yellow Bridge.
[58:28.120 --> 58:33.120]  We're going into our last hour.
[58:33.120 --> 58:35.120]  So call the end, get in line.
[58:35.120 --> 58:38.120]  The phone's generally filled up toward the end.
[58:38.120 --> 58:42.120]  So give us a call, 512-636-1984.
[58:42.120 --> 59:00.120]  We'll be right back on the other side.
[59:00.120 --> 59:16.120]  The Bible remains the most popular book in the world, yet countless readers are frustrated
[59:16.120 --> 59:38.120]  by it.
[59:38.120 --> 59:43.280]  Bibles for America would like to give you a free recovery version simply for the asking.
[59:43.280 --> 59:53.280]  This comprehensive yet compact study Bible is yours just by calling us toll free at 1-888-551-0102
[59:53.280 --> 59:57.280]  or by ordering online at freestudybible.com.
[59:57.280 --> 59:59.280]  That's freestudybible.com.
[59:59.280 --> 01:00:04.280]  This news brief brought to you by the International Newsnet.
[01:00:04.280 --> 01:00:17.280]  Republican presidential candidate Mitt Romney was heckled at the Iowa State Fair Thursday after saying he wouldn't raise taxes on corporations to save Social Security, Medicaid and Medicare.
[01:00:17.280 --> 01:00:25.280]  Romney explained, quote, corporations are people because everything corporations earn ultimately goes to people.
[01:00:25.280 --> 01:00:34.280]  A U.S. official said Friday USAID is halting humanitarian assistance to the Gaza Strip over alleged meddling by the Hamas government.
[01:00:34.280 --> 01:00:44.280]  An official accused Hamas of creating an environment which jeopardizes the ability of non-governmental organizations to provide assistance to Gaza's most vulnerable residents.
[01:00:44.280 --> 01:00:51.280]  Food, water, electricity and medical goods are in short supply in Gaza due to an Israeli-imposed blockade.
[01:00:51.280 --> 01:01:00.280]  Republican presidential hopeful Michelle Bachman said on Thursday's Iowa TV debate her wifely submission means respect.
[01:01:00.280 --> 01:01:10.280]  Moderator Byron York noted Bachman had earlier taken a vow pledging submission to her husband and asked if she would be submissive to her husband as president.
[01:01:10.280 --> 01:01:16.280]  Bachman replied her husband is a godly man and submission means respect.
[01:01:16.280 --> 01:01:28.280]  The Bureau of Investigative Journalism reported Friday 775 civilians have been killed by U.S. drones in Pakistan since 2004 including 168 children.
[01:01:28.280 --> 01:01:34.280]  The drones are hated in Pakistan where families live in fear of bright specks that hover in the sky.
[01:01:34.280 --> 01:01:44.280]  Lead researcher Chris Wood said the database of deaths will send shock waves through Pakistan where political and military leaders have repeatedly denounced drone strikes in public
[01:01:44.280 --> 01:01:47.280]  while privately allowing them to continue.
[01:01:47.280 --> 01:01:56.280]  Wood added that the secrecy surrounding drones means when things go wrong there is simply no redress for the families of those who have been mistakenly killed.
[01:01:56.280 --> 01:02:01.280]  In one attack on the Madrasa in 2006 up to 69 children lost their lives.
[01:02:01.280 --> 01:02:10.280]  Barack Obama's top counter-terrorism adviser John Brannon claimed recently no civilians had been killed in drone attacks for nearly a year.
[01:02:10.280 --> 01:02:18.280]  Republican presidential hopeful Michelle Bachman a sneering critic of government spending had been caught like a deer in the headlights.
[01:02:18.280 --> 01:02:28.280]  A freedom of information request filed by the Huffington Post reveals that on at least 16 occasions Bachman petitioned the federal government for financial aid.
[01:02:28.280 --> 01:02:36.280]  Most of those requests were for funds in Barack Obama's stimulus program which Bachman called quote fantasy economics.
[01:02:36.280 --> 01:02:44.280]  Bachman made two more requests to the Environmental Protection Agency, an institution she vowed to eliminate if she were in the White House.
[01:02:44.280 --> 01:03:11.280]  The letters underscore a glaring disparity between her campaign oratory and her actual conduct as a lawmaker.
[01:03:44.280 --> 01:03:49.280]  Okay, we're back.
[01:03:49.280 --> 01:03:57.280]  We're talking to Mark in Wisconsin and frankly Mark I'm looking forward to Chicago.
[01:03:57.280 --> 01:04:02.280]  I'm getting a lot of action up in that area.
[01:04:02.280 --> 01:04:13.280]  I'm from that area but a lot more is going on up there and I'm looking forward to doing some work up in that area.
[01:04:13.280 --> 01:04:25.280]  With the new way we're going at them, the first time we do agency, once they prove up agency or the court accepts agency,
[01:04:25.280 --> 01:04:35.280]  we do our standard motion for new trial with points and authorities and then appeal and once they get through that process they come back.
[01:04:35.280 --> 01:04:40.280]  Then we say, oh, so you're the journey rotten scoundrel stole all this money from us.
[01:04:40.280 --> 01:04:50.280]  Then we file that one and if the court gets through that one, then we come back and we see what they will do on that one.
[01:04:50.280 --> 01:04:53.280]  We will still sue the attorney.
[01:04:53.280 --> 01:04:57.280]  We won't sue anybody else but the attorney.
[01:04:57.280 --> 01:05:10.280]  What we will claim is, is when the attorney made a demand for payment, this payment included amounts that were the product of fraud,
[01:05:10.280 --> 01:05:23.280]  that these other unnamed individuals or they're named but they're not named in the suit as plaintiffs, as defendants,
[01:05:23.280 --> 01:05:34.280]  because we're only suing the person who is attempting to exact the intended ultimate harm of the conspiracy.
[01:05:34.280 --> 01:05:38.280]  And under the doctrine of vicarious liability,
[01:05:38.280 --> 01:05:57.280]  a indivisible harm may not be, cannot be divided up among individuals. Any actor who is in any way responsible for a harm may be held responsible for the entire harm.
[01:05:57.280 --> 01:06:02.280]  The key controlling case on this is 17 story building in New York.
[01:06:02.280 --> 01:06:09.280]  Guy has a restaurant in the basement. Stove goes out on a Saturday night, can't get a plumber.
[01:06:09.280 --> 01:06:12.280]  His brother's a plumber but he's not a licensed plumber.
[01:06:12.280 --> 01:06:13.280]  Causes brother in.
[01:06:13.280 --> 01:06:14.280]  Brother looks at it.
[01:06:14.280 --> 01:06:19.280]  Oh, no problem. I can fix that because he had to call the gas company shut the gas off.
[01:06:19.280 --> 01:06:21.280]  So the brother fixes it.
[01:06:21.280 --> 01:06:22.280]  I'm sorry.
[01:06:22.280 --> 01:06:23.280]  Brother law.
[01:06:23.280 --> 01:06:24.280]  Brother law fixes it.
[01:06:24.280 --> 01:06:27.280]  They call the gas company and the city.
[01:06:27.280 --> 01:06:28.280]  They come out and look at it.
[01:06:28.280 --> 01:06:31.280]  They approve it.
[01:06:31.280 --> 01:06:38.280]  The next morning, the building catches on fire, burns down, killed a bunch of people.
[01:06:38.280 --> 01:06:42.280]  They sued the restaurant owner, but he lost everything in the fire.
[01:06:42.280 --> 01:06:43.280]  They sued the brother law.
[01:06:43.280 --> 01:06:45.280]  He didn't have anything to start with.
[01:06:45.280 --> 01:06:49.280]  They sued the building owner, but he lost everything in the fire.
[01:06:49.280 --> 01:06:50.280]  They sued the city.
[01:06:50.280 --> 01:06:57.280]  They sued the gas company and named them 1% responsible.
[01:06:57.280 --> 01:07:06.280]  You see, this is why a lawyer always wants to find a litigant, a defendant with deep pockets.
[01:07:06.280 --> 01:07:10.280]  Whoever has the money pays.
[01:07:10.280 --> 01:07:18.280]  No matter what your level of responsibility is, you can be held liable for the full amount of the harm.
[01:07:18.280 --> 01:07:23.280]  And it's your responsibility to get your money back from the other litigants.
[01:07:23.280 --> 01:07:26.280]  So we only go after the attorney.
[01:07:26.280 --> 01:07:31.280]  He wins the first one and he thinks he's won his case.
[01:07:31.280 --> 01:07:34.280]  We come back and land on him like a ton of bricks.
[01:07:34.280 --> 01:07:39.280]  You're trying to collect this money that includes amounts generated by fraud.
[01:07:39.280 --> 01:07:46.280]  And you intend to take this money that you don't have a right to, my personal property,
[01:07:46.280 --> 01:07:53.280]  and convert it to your unjust enrichment and the unjust enrichment of others.
[01:07:53.280 --> 01:08:00.280]  My brother sent him an offer to pay, too, if they would show the note, too.
[01:08:00.280 --> 01:08:04.280]  So the attorney is definitely not in the right.
[01:08:04.280 --> 01:08:12.280]  So this gives you reasonable, probable cause to believe that he does not have standing to collect the note?
[01:08:12.280 --> 01:08:13.280]  No, he doesn't.
[01:08:13.280 --> 01:08:19.280]  Because as an attorney, he knows that they're stopped from taking any property because they didn't respond.
[01:08:19.280 --> 01:08:23.280]  Exactly, 3-501, Uniform Commercial Code.
[01:08:23.280 --> 01:08:27.280]  He is statutorily stopped from further collection, and he knows that as an attorney.
[01:08:27.280 --> 01:08:33.280]  So this is when you told me that other, I said, great, that's one more brick on your side.
[01:08:33.280 --> 01:08:37.280]  But even if the courts are corrupt and they rule them past that,
[01:08:37.280 --> 01:08:46.280]  then you walk this through the appeals court, you come back and you go after them where they think they won.
[01:08:46.280 --> 01:08:50.280]  Then you hit them for a bill, a bill to claim against them.
[01:08:50.280 --> 01:08:55.280]  The first one, we just go for three times the amount of the regional principal.
[01:08:55.280 --> 01:09:03.280]  The second one, we go for the whole enchilada from them personally.
[01:09:03.280 --> 01:09:07.280]  And if the corrupt courts rule in their favor for that one,
[01:09:07.280 --> 01:09:13.280]  then we come back and go after all of the actors and we sue everybody.
[01:09:13.280 --> 01:09:23.280]  So every time the corrupt court gives you a bogus ruling, you up the ante on them, raise their costs.
[01:09:23.280 --> 01:09:30.280]  And in the interim, we need to be filing criminal complaints against the attorney,
[01:09:30.280 --> 01:09:35.280]  criminal complaints against the judge in the local courts, run the routine on them.
[01:09:35.280 --> 01:09:39.280]  We don't care if we get them indicted or not.
[01:09:39.280 --> 01:09:43.280]  The specter of indictment is going to skewer the crapola out of them.
[01:09:43.280 --> 01:09:50.280]  And when we start going after the prosecutor and a local judge for not prosecuting these guys,
[01:09:50.280 --> 01:09:54.280]  they're going to get all upset and everybody's going to be up in arms.
[01:09:54.280 --> 01:09:58.280]  It creates our local politics.
[01:09:58.280 --> 01:10:02.280]  We'll bring them to the table.
[01:10:02.280 --> 01:10:04.280]  Okay, you sound like fun.
[01:10:04.280 --> 01:10:06.280]  You sound like fun or what?
[01:10:06.280 --> 01:10:10.280]  Sounds like fun. Sounds like a lot of fun.
[01:10:10.280 --> 01:10:14.280]  Go to remediesofrealestate.com.
[01:10:14.280 --> 01:10:20.280]  You need a truth and logic statement, note, and hot one settlement statement.
[01:10:20.280 --> 01:10:24.280]  Do you have more than one note on the property?
[01:10:24.280 --> 01:10:26.280]  No, no, there's not.
[01:10:26.280 --> 01:10:28.280]  I think my brother did that several months ago.
[01:10:28.280 --> 01:10:33.280]  You should have all the information there, but I can give you more information if you want to do anything else.
[01:10:33.280 --> 01:10:37.280]  Oh, okay, I've already got it.
[01:10:37.280 --> 01:10:40.280]  Send me the email he used so I don't know how to go.
[01:10:40.280 --> 01:10:45.280]  A date when he did it, if you can, I will talk to Chris and see.
[01:10:45.280 --> 01:10:47.280]  Chris will probably know where he is.
[01:10:47.280 --> 01:10:49.280]  All right, all right.
[01:10:49.280 --> 01:10:51.280]  So if I already got it, that's not a problem.
[01:10:51.280 --> 01:10:58.280]  Send me an email, remind me tomorrow I'll pull the numbers and I'll get back to you tomorrow on it.
[01:10:58.280 --> 01:11:00.280]  Okay, great.
[01:11:00.280 --> 01:11:06.280]  I have essentially picked up the helm, so I intend to be prompt.
[01:11:06.280 --> 01:11:11.280]  If I'm not prompt, chew me out, beat me up, and force me to be prompt.
[01:11:11.280 --> 01:11:17.280]  Because one caveat, I am old.
[01:11:17.280 --> 01:11:25.280]  I do sleep, and therefore I forget.
[01:11:25.280 --> 01:11:33.280]  One of the advantages of being old is you get to wake up in a new world every day.
[01:11:33.280 --> 01:11:40.280]  I wake up, I look in the mirror, and I say, who is that old SOB?
[01:11:40.280 --> 01:11:42.280]  That can't be me.
[01:11:42.280 --> 01:11:47.280]  Yeah, if you break everything up before you get to immediately start looking for a clean pair of pants, too.
[01:11:47.280 --> 01:11:49.280]  Yeah, that too.
[01:11:49.280 --> 01:11:51.280]  Well, have you even given you some beer?
[01:11:51.280 --> 01:11:57.280]  I'm looking for somebody to quite slobber off my chin.
[01:11:57.280 --> 01:11:59.280]  But yeah, get on with me tomorrow.
[01:11:59.280 --> 01:12:01.280]  We'll get that going.
[01:12:01.280 --> 01:12:02.280]  Okay.
[01:12:02.280 --> 01:12:04.280]  Hey, when are you going to close this archive?
[01:12:04.280 --> 01:12:06.280]  Because I missed those numbers you gave me.
[01:12:06.280 --> 01:12:08.280]  Or should I just email?
[01:12:08.280 --> 01:12:10.280]  Oh, yeah, just send me an email.
[01:12:10.280 --> 01:12:13.280]  Blue is Law, or Bimini is either one.
[01:12:13.280 --> 01:12:14.280]  Okay, all right.
[01:12:14.280 --> 01:12:15.280]  Hey, thanks a lot, fellas.
[01:12:15.280 --> 01:12:16.280]  Have a good night.
[01:12:16.280 --> 01:12:18.280]  Okay, thank you, Mark.
[01:12:18.280 --> 01:12:23.280]  Okay, now we're going to go to Jeannie in Georgia.
[01:12:23.280 --> 01:12:26.280]  Hello, Ms. Georgia Jeannie.
[01:12:26.280 --> 01:12:27.280]  Howdy.
[01:12:27.280 --> 01:12:33.280]  I'm trying to get a hold of you about the fact that I'm also Sylvia in Florida.
[01:12:33.280 --> 01:12:43.280]  About the fact that I talked to Eddie about taping telephone conversations in business and in family matters.
[01:12:43.280 --> 01:12:48.280]  I was really a great comprehensive advice that Eddie did give to us.
[01:12:48.280 --> 01:12:50.280]  And we're a bit in a pickle.
[01:12:50.280 --> 01:12:58.280]  We're trying to find out how to maintain recording with, you know, the statute says what it says that you can record.
[01:12:58.280 --> 01:13:08.280]  But in 24 states, one person can consent only if he's on the tape and the other is, you have to tell both parties.
[01:13:08.280 --> 01:13:13.280]  Well, we usually tell our parties in business that we're recording them because they lie.
[01:13:13.280 --> 01:13:16.280]  And then, you know, it's kept us out of court.
[01:13:16.280 --> 01:13:17.280]  We've never been to court.
[01:13:17.280 --> 01:13:22.280]  But then we have family members now lying who are trying to beat us out of a lot of money and a trust.
[01:13:22.280 --> 01:13:25.280]  So I'm trying to find out how to record.
[01:13:25.280 --> 01:13:33.280]  And it's in Kentucky, one of the recordings that it needs to occur because we talk to them and they're lying.
[01:13:33.280 --> 01:13:36.280]  And it's really going to, it's very important.
[01:13:36.280 --> 01:13:38.280]  These recordings really help them.
[01:13:38.280 --> 01:13:39.280]  Okay, hold on.
[01:13:39.280 --> 01:13:41.280]  I am not an attorney.
[01:13:41.280 --> 01:13:42.280]  That's an important note.
[01:13:42.280 --> 01:13:47.280]  I need to find out what you had stated once on it, perhaps I'm correct.
[01:13:47.280 --> 01:13:53.280]  That if you record something, you can get a transcript done on it.
[01:13:53.280 --> 01:13:55.280]  You don't have to present the recording.
[01:13:55.280 --> 01:13:58.280]  But where is that written to be okay?
[01:13:58.280 --> 01:14:05.280]  Because I need to record in states that are to party consent and they're going after a large amount of money
[01:14:05.280 --> 01:14:09.280]  at which we've already had $50,000 sent to us in the past.
[01:14:09.280 --> 01:14:10.280]  Okay, okay.
[01:14:10.280 --> 01:14:11.280]  Stop, stop, stop.
[01:14:11.280 --> 01:14:12.280]  Okay.
[01:14:12.280 --> 01:14:16.280]  You're not going to find that part written.
[01:14:16.280 --> 01:14:19.280]  This goes to the reality of law.
[01:14:19.280 --> 01:14:21.280]  Now, I am not an attorney.
[01:14:21.280 --> 01:14:29.280]  And since I'm not an attorney, anything I tell you cannot be construed as legal advice.
[01:14:29.280 --> 01:14:34.280]  So since I'm not an attorney, I can tell you this part.
[01:14:34.280 --> 01:14:37.280]  The part doesn't go specifically to the law.
[01:14:37.280 --> 01:14:40.280]  It goes to the reality.
[01:14:40.280 --> 01:14:54.280]  If I'm in Kentucky and I make a tape recording of our conversation and you accuse me of making a tape recording of our conversation,
[01:14:54.280 --> 01:15:01.280]  you would need the recording to prove up your claim.
[01:15:01.280 --> 01:15:07.280]  But if I make a tape recording of our conversation,
[01:15:07.280 --> 01:15:18.280]  immediately transcribe it and then destroy the recording, how can you adjudicate your claim?
[01:15:18.280 --> 01:15:20.280]  Well, but here's the other issue.
[01:15:20.280 --> 01:15:27.280]  The other issue is that the laws governing where you are located, when the recording is made, is what's going to apply.
[01:15:27.280 --> 01:15:34.280]  If the state you're making it from allows single-party notification or knowledge of the recording,
[01:15:34.280 --> 01:15:40.280]  then it doesn't matter that someone calls you from a state that requires otherwise.
[01:15:40.280 --> 01:15:43.280]  Because you're governed by the laws of the state where you're located.
[01:15:43.280 --> 01:15:46.280]  Now, okay, wait a minute.
[01:15:46.280 --> 01:15:50.280]  That's an important issue to get straight.
[01:15:50.280 --> 01:15:57.280]  If someone calls you, but if you call the other state,
[01:15:57.280 --> 01:16:09.280]  then that gives you minimum contacts, the something shoe, international shoe doctrine.
[01:16:09.280 --> 01:16:14.280]  Then you're moving from your state into that state.
[01:16:14.280 --> 01:16:19.280]  So I would think that if I'm in my state, I can record.
[01:16:19.280 --> 01:16:26.280]  But if I call into a state that prohibits it, that's a different story.
[01:16:26.280 --> 01:16:33.280]  But if you immediately destroy the tape, then you are not making a recording.
[01:16:33.280 --> 01:16:36.280]  You're just taking temporary notes.
[01:16:36.280 --> 01:16:38.280]  Can I do with them?
[01:16:38.280 --> 01:16:39.280]  Yeah.
[01:16:39.280 --> 01:16:46.280]  So, okay, let me, when we come back on the other side, I'll give you a real easy way to do this.
[01:16:46.280 --> 01:16:51.280]  This is Randy Kelton, Debbie Stevens, Eddie Craig, we look on the radio.
[01:16:51.280 --> 01:16:55.280]  We're going into our last, no we're not, we've got a couple seconds more.
[01:16:55.280 --> 01:17:00.280]  So give us a call, 512-646-1984.
[01:17:00.280 --> 01:17:04.280]  Capital Corn and Bullion is a family-owned and operated business
[01:17:04.280 --> 01:17:07.280]  that has helped many families and friends in protecting their assets.
[01:17:07.280 --> 01:17:09.280]  And we would like to do the same for you.
[01:17:09.280 --> 01:17:14.280]  In addition to coins and bullion, we now offer Patriot Saves, ammunition.
[01:17:14.280 --> 01:17:19.280]  Berkey water products, gift certificates, wristbands, and our new Silver Pool.
[01:17:19.280 --> 01:17:23.280]  A new way to guarantee silver by pre-paying at a locked price.
[01:17:23.280 --> 01:17:26.280]  We can even help you set up a metals IRA account.
[01:17:26.280 --> 01:17:32.280]  Call us at 512-646-6440 for more details.
[01:17:32.280 --> 01:17:39.280]  As always, we buy, sell and trade precious metals and cater to those with all sizes of coin collections.
[01:17:39.280 --> 01:17:46.280]  We're located at 7304 Burnett Road, Suite A, about a half a mile north of Canaan,
[01:17:46.280 --> 01:17:49.280]  next to the Ikebon Sushi and the Genie Car Wash.
[01:17:49.280 --> 01:17:53.280]  We're open Monday through Friday, 10-6, Saturdays, 10-5.
[01:17:53.280 --> 01:18:00.280]  Visit us at CapitalCornandBullion.com or call 512-646-6440.
[01:18:00.280 --> 01:18:04.280]  If you entered into a mortgage agreement after the year 2000,
[01:18:04.280 --> 01:18:09.280]  you were subjected to the largest fraud ever perpetrated on the American public.
[01:18:09.280 --> 01:18:12.280]  The banks plotted not only to steal the equity in your home,
[01:18:12.280 --> 01:18:18.280]  they also planned to scam you out of your retirement funds and leave you homeless and pingless.
[01:18:18.280 --> 01:18:22.280]  The money changers have used what they stole from you to buy your legislators,
[01:18:22.280 --> 01:18:27.280]  government oversight agencies, and most unfortunately, the courts.
[01:18:27.280 --> 01:18:32.280]  If you have been foreclosed on, are facing foreclosure, or are up to date on your payments,
[01:18:32.280 --> 01:18:36.280]  there is something you can do to set things to right.
[01:18:36.280 --> 01:18:45.280]  Call 855-588-8501 and we will show you how to force the corrupt courts to do their jobs.
[01:18:45.280 --> 01:18:49.280]  You can stop these thieving bankers from destroying this country
[01:18:49.280 --> 01:18:55.280]  and from forcing your children and grandchildren onto the streets as slaves to them.
[01:18:55.280 --> 01:19:02.280]  Call 855-588-8501 now.
[01:19:25.280 --> 01:19:30.280]  If I can't get everything I want,
[01:19:30.280 --> 01:19:36.280]  I can't arrange it.
[01:19:36.280 --> 01:19:38.280]  If I can't get everything I need...
[01:19:38.280 --> 01:19:43.280]  Okay, this is Randy Kelton, Deborah Stevens, and Craig Ruevlar Radio.
[01:19:43.280 --> 01:19:47.280]  We're talking to Jeannie in Georgia.
[01:19:47.280 --> 01:19:50.280]  And it's kind of nifty.
[01:19:50.280 --> 01:19:53.280]  Eddie and I were discussing this on the break.
[01:19:53.280 --> 01:19:56.280]  I was thinking of Dragon Naturally Speaking.
[01:19:56.280 --> 01:20:01.280]  If I had that program running and listening in and transcribing,
[01:20:01.280 --> 01:20:05.280]  and I had a recording for backup,
[01:20:05.280 --> 01:20:08.280]  and once the conversation was over,
[01:20:08.280 --> 01:20:16.280]  I used the recording to correct the Dragon transcript and then destroyed the recording.
[01:20:16.280 --> 01:20:23.280]  Even if it's technically legal to make the recording,
[01:20:23.280 --> 01:20:27.280]  if you immediately destroy the recording,
[01:20:27.280 --> 01:20:33.280]  then it's not prosecutable and you have a transcript.
[01:20:33.280 --> 01:20:40.280]  And if you have Dragon Naturally Speaking listening, it can make a transcript.
[01:20:40.280 --> 01:20:46.280]  The reason is Dragon Naturally Speaking.
[01:20:46.280 --> 01:20:50.280]  You can get it to any software place for about $40.
[01:20:50.280 --> 01:20:57.280]  Now hold on, the $40 version is about as bare minimum as you can get.
[01:20:57.280 --> 01:20:59.280]  That's all she needs.
[01:20:59.280 --> 01:21:05.280]  I'd argue that, because even the professional version isn't all that's cut out to be without the proper training.
[01:21:05.280 --> 01:21:11.280]  We're not doing magic here, we don't need this thing to understand every tiny little nuance.
[01:21:11.280 --> 01:21:16.280]  I'm just saying give her the caveats to it too, not just that she needs to use it.
[01:21:16.280 --> 01:21:20.280]  When she looks at Dragon, she'll look at the different versions,
[01:21:20.280 --> 01:21:27.280]  but Ken has the $40 version,
[01:21:27.280 --> 01:21:35.280]  and the more expensive versions have different types, essentially dialects,
[01:21:35.280 --> 01:21:39.280]  they'll do legal speak and they'll do several other things,
[01:21:39.280 --> 01:21:45.280]  but just for taking a basic transcript, you could probably get away with that.
[01:21:45.280 --> 01:21:47.280]  You might want to get something more expensive,
[01:21:47.280 --> 01:21:52.280]  but if all you wanted to do is make a basic transcript, that might be enough.
[01:21:52.280 --> 01:21:58.280]  I'm not saying you've got to spend five or six hundred bucks for their powerful version,
[01:21:58.280 --> 01:22:02.280]  just the way that you can keep copious notes.
[01:22:02.280 --> 01:22:09.280]  Right, but if I have a transcript, how can I show my father-in-law what his family is conspiring to do,
[01:22:09.280 --> 01:22:14.280]  and that is to put him away and they say it on tape,
[01:22:14.280 --> 01:22:21.280]  and have the money that my husband is supposed to get go to another family member.
[01:22:21.280 --> 01:22:26.280]  And the person that said it on tape is in Massachusetts,
[01:22:26.280 --> 01:22:28.280]  so that is a two-party spending,
[01:22:28.280 --> 01:22:32.280]  one-party only.
[01:22:32.280 --> 01:22:40.280]  Make the transcript and verify the transcript.
[01:22:40.280 --> 01:22:51.280]  Sign before noting that this is a true and accurate version of precisely what was said.
[01:22:51.280 --> 01:22:53.280]  Yes.
[01:22:53.280 --> 01:23:02.280]  And I haven't looked at these laws in other states that are two-party states.
[01:23:02.280 --> 01:23:04.280]  There's only eleven of them.
[01:23:04.280 --> 01:23:09.280]  Eddie had us look them up and it states right here which ones they are.
[01:23:09.280 --> 01:23:17.280]  Okay, there has to be a way for you to be able to verify a telephone conversation.
[01:23:17.280 --> 01:23:20.280]  Right.
[01:23:20.280 --> 01:23:24.280]  I have to think about that, see if we can come up with something.
[01:23:24.280 --> 01:23:28.280]  It's not an issue that I think research.
[01:23:28.280 --> 01:23:35.280]  I'm also trying to get a hold of you to get all your documents for filing against foreclosures,
[01:23:35.280 --> 01:23:39.280]  because we are in the business in Florida and there's millions of them,
[01:23:39.280 --> 01:23:41.280]  and we haven't been to court yet,
[01:23:41.280 --> 01:23:46.280]  but I want the documents, the package you have.
[01:23:46.280 --> 01:23:49.280]  Or do you have a package yet?
[01:23:49.280 --> 01:23:51.280]  Yes, we do.
[01:23:51.280 --> 01:23:55.280]  Send me an email at Randy at Remedy's in real estate.
[01:23:55.280 --> 01:23:59.280]  Oh, really? I've done that.
[01:23:59.280 --> 01:24:02.280]  You must be the old man looking in the mirror as you said,
[01:24:02.280 --> 01:24:05.280]  because I've been trying to reach you for a long time.
[01:24:05.280 --> 01:24:10.280]  Well, if you sent me an email at Remedy's in real estate,
[01:24:10.280 --> 01:24:14.280]  I didn't get it because I go through that every day now.
[01:24:14.280 --> 01:24:15.280]  Far out.
[01:24:15.280 --> 01:24:19.280]  So what about these phone numbers, five one two five one five one five six six,
[01:24:19.280 --> 01:24:22.280]  because my husband isn't around all the time,
[01:24:22.280 --> 01:24:25.280]  and I'm a communicator by phone.
[01:24:25.280 --> 01:24:28.280]  That will go to my Skype number,
[01:24:28.280 --> 01:24:32.280]  and if I leave a message, I will never miss that every time I open Skype.
[01:24:32.280 --> 01:24:35.280]  That'll pop right up there. That's why I like that one so much.
[01:24:35.280 --> 01:24:40.280]  The message is in my phone or such a pain in the neck to get out.
[01:24:40.280 --> 01:24:43.280]  I see a missed call, I just recall the number.
[01:24:43.280 --> 01:24:49.280]  So how do I get these forms from you gentlemen?
[01:24:49.280 --> 01:24:51.280]  Contact us off the air.
[01:24:51.280 --> 01:24:54.280]  It's too complex to explain here on the air.
[01:24:54.280 --> 01:24:58.280]  Use them a lot more than just produce a set of blank documents.
[01:24:58.280 --> 01:25:00.280]  Okay, so I'm willing to exchange with you,
[01:25:00.280 --> 01:25:03.280]  and to flow your power, you deserve it.
[01:25:03.280 --> 01:25:06.280]  But I haven't been able to reach you for quite a while.
[01:25:06.280 --> 01:25:09.280]  You gave me a Skype number before a set of them.
[01:25:09.280 --> 01:25:13.280]  Yeah, I gave you a Skype number, and then my Skype got hacked,
[01:25:13.280 --> 01:25:15.280]  and I lost the whole account.
[01:25:15.280 --> 01:25:20.280]  Okay, now on this thing, I record all business calls that come in,
[01:25:20.280 --> 01:25:23.280]  and it says in the statute, you can do that if you have it on your,
[01:25:23.280 --> 01:25:28.280]  if you let them know, or you can even have a business announcement
[01:25:28.280 --> 01:25:30.280]  that says we're recording all the calls.
[01:25:30.280 --> 01:25:37.280]  But I have a lot of tapes whereby some of my clients who have contracts with us,
[01:25:37.280 --> 01:25:42.280]  they had an okay that they knew they were being recorded before,
[01:25:42.280 --> 01:25:45.280]  but I didn't always tell them each and every time they called,
[01:25:45.280 --> 01:25:53.280]  and they have, you know, about ten of them blew from their contracts and disappeared.
[01:25:53.280 --> 01:25:56.280]  They've done nothing wrong against us.
[01:25:56.280 --> 01:25:59.280]  There's another program.
[01:25:59.280 --> 01:26:01.280]  What?
[01:26:01.280 --> 01:26:04.280]  There is another program. It's called Call Graphs.
[01:26:04.280 --> 01:26:06.280]  Call Graphs.
[01:26:06.280 --> 01:26:12.280]  It's a free download, and it will record, I use it to record Skype,
[01:26:12.280 --> 01:26:17.280]  if I'm calling a public official or something, I turn that thing on.
[01:26:17.280 --> 01:26:21.280]  Except for the last version I downloaded, I couldn't get it to work,
[01:26:21.280 --> 01:26:23.280]  so I don't have it working now.
[01:26:23.280 --> 01:26:25.280]  I just didn't have time to mess with it.
[01:26:25.280 --> 01:26:32.280]  But it makes a really, really nice recording, but that's not the reason it's wanted.
[01:26:32.280 --> 01:26:39.280]  Call Graph has a service that will take your recording and transcribe it.
[01:26:39.280 --> 01:26:44.280]  So if you have a set of recordings, you can give them to these guys,
[01:26:44.280 --> 01:26:47.280]  and they're in India, so they do it pretty cheap,
[01:26:47.280 --> 01:26:51.280]  and they will take your recordings and transcribe them into English.
[01:26:51.280 --> 01:26:54.280]  Well, and then how can I use that transcription,
[01:26:54.280 --> 01:27:00.280]  if they should attack us ever, these clients that didn't honor their contract?
[01:27:00.280 --> 01:27:04.280]  Well, then you have the transcription, and you can testify
[01:27:04.280 --> 01:27:09.280]  that this is a true and accurate verbatim record of what was said.
[01:27:09.280 --> 01:27:12.280]  Oh, wow, that's out of sight.
[01:27:12.280 --> 01:27:22.280]  I was in court, and I was quoting to the attorney something that someone else had told me,
[01:27:22.280 --> 01:27:27.280]  and Woodard had passed away in the interim, and it had been a couple of years,
[01:27:27.280 --> 01:27:31.280]  and I quoted him verbatim what Woodard had said.
[01:27:31.280 --> 01:27:38.280]  And the attorney said, well, Mr. Kelton, are you sure that's correct?
[01:27:38.280 --> 01:27:41.280]  Absolutely, that's exactly what was said.
[01:27:41.280 --> 01:27:47.280]  And the attorney said, well, Mr. Kelton, you must have a photographic memory.
[01:27:47.280 --> 01:27:50.280]  Oh, no, have a terrible memory.
[01:27:50.280 --> 01:27:54.280]  And when I said that, the judge kind of ducked his head and put his head in his hand.
[01:27:54.280 --> 01:27:56.280]  He saw it coming.
[01:27:56.280 --> 01:27:58.280]  The attorney didn't.
[01:27:58.280 --> 01:28:03.280]  Oh, you have a terrible memory, and you're telling me this is exactly what was said?
[01:28:03.280 --> 01:28:05.280]  Yeah, that's what I'm telling you.
[01:28:05.280 --> 01:28:07.280]  Well, how do you know this is accurate?
[01:28:07.280 --> 01:28:09.280]  Well, I transcribed it.
[01:28:09.280 --> 01:28:12.280]  And the judge is shaking his head.
[01:28:12.280 --> 01:28:15.280]  He's like, don't go down this road, moron.
[01:28:15.280 --> 01:28:18.280]  And the attorney said, you just transcribed it.
[01:28:18.280 --> 01:28:20.280]  You transcribed it from what?
[01:28:20.280 --> 01:28:22.280]  Well, from the recording I made.
[01:28:22.280 --> 01:28:24.280]  Objection, objection.
[01:28:24.280 --> 01:28:30.280]  No, counselor, you opened the door.
[01:28:30.280 --> 01:28:33.280]  I did not have to produce.
[01:28:33.280 --> 01:28:34.280]  I did not have to present.
[01:28:34.280 --> 01:28:40.280]  If you are just here in the statute that Eddie had us look up, that if you are in a one-party state,
[01:28:40.280 --> 01:28:45.280]  if you are a party through the conversation, you do not have to let other people know.
[01:28:45.280 --> 01:28:46.280]  Okay, now, wait a minute.
[01:28:46.280 --> 01:28:47.280]  Okay, we know that part.
[01:28:47.280 --> 01:28:56.280]  What you need to look at in the two-party is if you can make a recording for the purpose of taking notes
[01:28:56.280 --> 01:29:03.280]  and then destroy the recording, does it constitute a violation?
[01:29:03.280 --> 01:29:12.280]  Is it making of the recording the violation, or is the use of the recording the violation?
[01:29:12.280 --> 01:29:21.280]  Okay, that will be in the case law.
[01:29:21.280 --> 01:29:30.280]  Okay, well, I'll have to talk to you another time about it, I guess, because I state here that if you are recording for business purposes,
[01:29:30.280 --> 01:29:36.280]  oh, God, you know, and it's so important for people to know this, because I say you...
[01:29:36.280 --> 01:29:42.280]  Okay, we're about to go to break.
[01:29:42.280 --> 01:29:45.280]  Go to Massachusetts on the web.
[01:29:45.280 --> 01:29:47.280]  What act constitutes a violation?
[01:29:47.280 --> 01:29:50.280]  This is Randy Shelton, Douglas Stevens.
[01:29:50.280 --> 01:29:51.280]  Eddie Craig.
[01:29:51.280 --> 01:29:52.280]  Here's our radio.
[01:29:52.280 --> 01:29:59.280]  We'll be right back on the other side.
[01:29:59.280 --> 01:30:06.280]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five, as witnessed by millions of viewers,
[01:30:06.280 --> 01:30:10.280]  the rescue efforts were interrupted several times due to the presence of other explosives.
[01:30:10.280 --> 01:30:14.280]  Government log entries indicate and witnesses report that after the initial devastating blast,
[01:30:14.280 --> 01:30:18.280]  a bomb complete with timer was discovered and removed and wreckaged by the bomb squad.
[01:30:18.280 --> 01:30:22.280]  Yet we are told it's all due to baseless bomb scares or other contrivances.
[01:30:22.280 --> 01:30:28.280]  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?
[01:30:28.280 --> 01:30:34.280]  For more information, go to okcbombingtruth.com.
[01:30:34.280 --> 01:30:38.280]  There are only 24 hours in a day and you try to spend them wisely.
[01:30:38.280 --> 01:30:44.280]  Yet every hour you spend doing this activity increases your risk of a heart attack by up to 8%.
[01:30:44.280 --> 01:30:48.280]  I'm Dr. Katherine Albrecht and I'll be right back to tell you what it is.
[01:30:48.280 --> 01:30:50.280]  Privacy is under attack.
[01:30:50.280 --> 01:30:54.280]  When you give up data about yourself, you'll never get it back again.
[01:30:54.280 --> 01:30:58.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:58.280 --> 01:31:00.280]  So protect your rights.
[01:31:00.280 --> 01:31:04.280]  Say no to surveillance and keep your information to yourself.
[01:31:04.280 --> 01:31:06.280]  Privacy, it's worth hanging on to.
[01:31:06.280 --> 01:31:10.280]  This public service announcement is brought to you by startpage.com,
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[01:31:17.280 --> 01:31:22.280]  You already know that staring slat John at the boob tube makes you feel like a slug,
[01:31:22.280 --> 01:31:27.280]  but it turns out TV may be doing the same thing to your heart that it does to your mind.
[01:31:27.280 --> 01:31:33.280]  Researchers in England examine the television viewing habits of over 12,000 middle-aged and elderly people.
[01:31:33.280 --> 01:31:37.280]  They found the more TV they watch, the higher their risk of heart disease.
[01:31:37.280 --> 01:31:43.280]  In fact, for each additional hour of TV time, their risk of heart problems increase 6 to 8%,
[01:31:43.280 --> 01:31:46.280]  regardless of how much they exercised.
[01:31:46.280 --> 01:31:50.280]  Americans watch an average of 5 hours of TV a day.
[01:31:50.280 --> 01:31:52.280]  Maybe it's time for a change of heart.
[01:31:52.280 --> 01:31:54.280]  I'm Dr. Catherine Albrecht.
[01:31:54.280 --> 01:32:23.280]  For more news and information, visit CatherineAlbrecht.com.
[01:32:25.280 --> 01:32:28.280]  Okay, we're back.
[01:32:28.280 --> 01:32:31.280]  We've got two seconds left.
[01:32:31.280 --> 01:32:39.280]  And as far as you're stacking up, we're going to go to Julius in Texas.
[01:32:39.280 --> 01:32:42.280]  Julius, what do you have for us?
[01:32:42.280 --> 01:32:47.280]  Hi, Randy and Eddie and Deborah.
[01:32:47.280 --> 01:32:56.280]  I've been listening to a prior caller about rules about recording one-party state, two-party state.
[01:32:56.280 --> 01:33:06.280]  Now, we're all aware of the one-party rule that you can record as long as you give yourself permission to record in the one-party state, such as Texas.
[01:33:06.280 --> 01:33:10.280]  But now, crossing the state line is a different manner.
[01:33:10.280 --> 01:33:22.280]  What it is is it involves FCC regulations, which state that you must notify the other party if you cross a state line,
[01:33:22.280 --> 01:33:28.280]  irregardless if you're calling another one-party state.
[01:33:28.280 --> 01:33:37.280]  So in other words, if you're calling from a one-party state, you want to record somebody in another one-party state,
[01:33:37.280 --> 01:33:43.280]  once you cross a state line, it becomes an FCC matter.
[01:33:43.280 --> 01:33:50.280]  Okay, then what constitutes the violation?
[01:33:50.280 --> 01:33:55.280]  Is it the making of the recording or the use of the recording?
[01:33:55.280 --> 01:33:57.280]  You know, that's a really good question.
[01:33:57.280 --> 01:34:04.280]  I've not researched too deeply on this, but I do know that according to FCC rules and regulations,
[01:34:04.280 --> 01:34:07.280]  they require you to notify the other party.
[01:34:07.280 --> 01:34:12.280]  Now, you had mentioned something that's very, very important, very interesting.
[01:34:12.280 --> 01:34:21.280]  It's the use of the recording and such, and those kinds of details can be, you know, I guess, you know, researched further,
[01:34:21.280 --> 01:34:28.280]  but I just wanted to get you on that path of looking at whatever FCC rules or regulations are.
[01:34:28.280 --> 01:34:30.280]  And I have one more question about it.
[01:34:30.280 --> 01:34:31.280]  Right.
[01:34:31.280 --> 01:34:42.280]  If I have a recording device on my phone and you call me, unless I have all of these,
[01:34:42.280 --> 01:34:51.280]  if I don't have caller ID and you call me and I'm in a one-party state, do I have a duty to notify?
[01:34:51.280 --> 01:34:54.280]  See, the thing is, I believe, Randy, it would be you.
[01:34:54.280 --> 01:34:57.280]  Now, of course, I got to do the research or we got to do the research on it,
[01:34:57.280 --> 01:35:03.280]  but if you're calling from out of state, and even if you are calling from a two-party state,
[01:35:03.280 --> 01:35:14.280]  if you actually leave a message on my machine, that would, to me, I mean, seem like it would make sense
[01:35:14.280 --> 01:35:19.280]  that you are now granting me the permission to record that conversation, obviously,
[01:35:19.280 --> 01:35:23.280]  because you are leaving it on a recorded device.
[01:35:23.280 --> 01:35:28.280]  Yeah, but see, in that case, both parties would know the recording was being done.
[01:35:28.280 --> 01:35:29.280]  Right.
[01:35:29.280 --> 01:35:36.280]  If I'm in a one-party state and I have a right to record my conversations without notifications,
[01:35:36.280 --> 01:35:44.280]  and you call me in my home state, then all of the contacts are in my state.
[01:35:44.280 --> 01:35:45.280]  Right.
[01:35:45.280 --> 01:35:50.280]  So I would think I wouldn't have to notify you if you call me.
[01:35:50.280 --> 01:36:00.280]  So the trick may be, as you turn the recorder off and call them, and then say,
[01:36:00.280 --> 01:36:03.280]  can you call me right back and hang up?
[01:36:03.280 --> 01:36:05.280]  Yes, yes.
[01:36:05.280 --> 01:36:07.280]  That may be the trick.
[01:36:07.280 --> 01:36:08.280]  This is very good.
[01:36:08.280 --> 01:36:10.280]  I want to research that, Randy.
[01:36:10.280 --> 01:36:14.280]  I'm going to research that, and I'll get back to you with any kind of answers to that,
[01:36:14.280 --> 01:36:16.280]  because that's a very interesting promise.
[01:36:16.280 --> 01:36:22.280]  And I'm sure Jeannie will be interested in hearing the results of that research as well.
[01:36:22.280 --> 01:36:23.280]  I will do that.
[01:36:23.280 --> 01:36:24.280]  I'll get on that research.
[01:36:24.280 --> 01:36:26.280]  I will do that.
[01:36:26.280 --> 01:36:27.280]  That's very interesting.
[01:36:27.280 --> 01:36:35.280]  I also wanted to tell you that I am now ready to move forward with my second foreclosure debacle with you this week.
[01:36:35.280 --> 01:36:36.280]  Okay, yeah.
[01:36:36.280 --> 01:36:38.280]  I was going to say, send me an email.
[01:36:38.280 --> 01:36:39.280]  We need to talk anyway.
[01:36:39.280 --> 01:36:45.280]  Well, now, why would you want another debacle if he's already given you one?
[01:36:45.280 --> 01:36:48.280]  We haven't done one with you yet, have we?
[01:36:48.280 --> 01:36:53.280]  No, we have not done one with me yet, but I had told you that I was in...
[01:36:53.280 --> 01:36:59.280]  My attorneys were adjudicating the first one, and that one was with the Bank of America debacle,
[01:36:59.280 --> 01:37:01.280]  and that one includes the...
[01:37:01.280 --> 01:37:06.280]  Oh, by the way, I have a nice, interesting topic for discussion.
[01:37:06.280 --> 01:37:11.280]  The 1099A is very, very interesting.
[01:37:11.280 --> 01:37:18.280]  Yes, you were supposed to call in before, and yeah, give us some good information on that.
[01:37:18.280 --> 01:37:27.280]  We've heard a lot of trash information about a 1099A, and I had asked Julius to look into that,
[01:37:27.280 --> 01:37:31.280]  and tell us what you found out about a 1099A.
[01:37:31.280 --> 01:37:38.280]  Well, pretty much a 1099A is an informational form that comes from the IRS,
[01:37:38.280 --> 01:37:47.280]  where people can do their taxes from or just to inform them what had been reported by their lender
[01:37:47.280 --> 01:38:00.280]  or by a prior lender involving an acquisition of a property and a loan or mortgage by a subsequent lender,
[01:38:00.280 --> 01:38:08.280]  meaning that it may not be your prior lender and most likely not, it is a subsequent lender,
[01:38:08.280 --> 01:38:18.280]  meaning it's the next lender who acquires both your loan and your house at the same time.
[01:38:18.280 --> 01:38:28.280]  And the subsequent lender will list on this form the market value of your property at the time of acquisition,
[01:38:28.280 --> 01:38:38.280]  and they will also list on this form the debt outstanding of your last known debt balance that they have acquired
[01:38:38.280 --> 01:38:48.280]  that you still currently own, so that therefore they have now a debt outstanding balance you owe them,
[01:38:48.280 --> 01:38:54.280]  and they have your property, and your property has a market value of so-and-so.
[01:38:54.280 --> 01:38:58.280]  There's a box, I believe it's a box number five.
[01:38:58.280 --> 01:39:03.280]  If that is checked, then you actually owe the loan balance.
[01:39:03.280 --> 01:39:10.280]  If it is not checked, then you don't owe the loan balance.
[01:39:10.280 --> 01:39:15.280]  But ultimately, this 1099A is an informational form,
[01:39:15.280 --> 01:39:25.280]  and one of the IRS is concerned if it gets turned into what's called a 1099C form.
[01:39:25.280 --> 01:39:36.280]  See now, the 1099A, the A stands for acquisition of a property, and it's acquisition by two forms, two ways.
[01:39:36.280 --> 01:39:43.280]  The first is an abandonment of the property, and the second is through a foreclosure.
[01:39:43.280 --> 01:39:53.280]  And that's how the subsequent lender acquires your property, either you abandon it or they get it through a foreclosure process.
[01:39:53.280 --> 01:40:07.280]  Now, if that subsequent lender decides or chooses to do so, they can turn that 1099A form into what's called a 1099C form,
[01:40:07.280 --> 01:40:24.280]  which is cancellation of debt. See, yours go by the 1099A for acquisition and the 1099C for cancellation of debt.
[01:40:24.280 --> 01:40:43.280]  Now, if the property value is actually less than the debt outstanding that you currently owe, then you will have what's called debt cancellation income.
[01:40:43.280 --> 01:40:58.280]  Debt cancellation income means that you are going to pay taxes on the difference between what the market value of that property is and what you owe on your note or your balance.
[01:40:58.280 --> 01:41:13.280]  And if your note is a higher balance than what the property market value is, then you're going to owe that difference as if you made income.
[01:41:13.280 --> 01:41:25.280]  So the IRS is going to look at that as you made income, just like you would have made on a job if you got the 1099 from work to form or anything.
[01:41:25.280 --> 01:41:34.280]  But they look at that as a sale that was conducted and that you had made money on this sale.
[01:41:34.280 --> 01:41:46.280]  Even though you could have been severely, in most cases, damaged by all of this and, of course, that the subsequent lender can fabricate the figures,
[01:41:46.280 --> 01:41:56.280]  you're at their mercy to them to give in their opinion, okay? What is the market value of your property?
[01:41:56.280 --> 01:41:58.280]  Okay, I have a question.
[01:41:58.280 --> 01:41:59.280]  Yes.
[01:41:59.280 --> 01:42:10.280]  What duty does a party acquiring property have to file the 1099A?
[01:42:10.280 --> 01:42:16.280]  That's a good question. I don't know what the duties are.
[01:42:16.280 --> 01:42:26.280]  But I can tell you that there's a big problem with that form because the form itself doesn't make sense.
[01:42:26.280 --> 01:42:29.280]  And I'm going to explain what I mean by that.
[01:42:29.280 --> 01:42:42.280]  In my particular case, I had a property foreclosed on where they sold the property from under me and they sold the full loan balance at the same time, okay?
[01:42:42.280 --> 01:42:51.280]  And the subsequent lender, who was Freddie Mac in this case, purchased both the loan and the property.
[01:42:51.280 --> 01:42:58.280]  So here they are kicking your feet out from under you selling your property at a foreclosure sale.
[01:42:58.280 --> 01:43:09.280]  The bank who required the sale proceeds from this foreclosure sale, the Bank of America,
[01:43:09.280 --> 01:43:22.280]  received the sale proceeds that exceeded my loan balance in my deed of trust, in a section of the deed of trust.
[01:43:22.280 --> 01:43:28.280]  It is the obligation of the trustee to pay all sums secured by the security instrument.
[01:43:28.280 --> 01:43:32.280]  Here's where the problem lies, so we'll come to that.
[01:43:32.280 --> 01:43:45.280]  If they're supposed to pay off your loan, then if they do that, they're supposed to release the loan therefore there cannot be a subsequent lender.
[01:43:45.280 --> 01:43:46.280]  Okay, hold on.
[01:43:46.280 --> 01:43:48.280]  Hold on. We're about to go to break.
[01:43:48.280 --> 01:43:55.280]  We'll pick this up on the other side, Randy Kelton, David Stevens, Eddie Craig, we've got radio. We'll be right back.
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[01:46:18.280 --> 01:46:24.280]  Okay, we're back. Randy Kelton, Dennis Stevens, Eddie Craig with Lawadio. We're going into our last segment.
[01:46:24.280 --> 01:46:27.280]  We're talking to Julius in Texas.
[01:46:27.280 --> 01:46:38.280]  Okay, Julius, let's finish this up. We've got two more callers and I don't want to shut them out completely, although I am very interested in what you're doing.
[01:46:38.280 --> 01:46:52.280]  Okay, very good. Just to finish up real quick, that 1099A form, being it a form of acquisition, means that the subsequent lender would have had to have acquired the property.
[01:46:52.280 --> 01:46:59.280]  In order for them to have acquired the property, they had to have acquired it through a legal title.
[01:46:59.280 --> 01:47:08.280]  If your deed of trust says that the notes to be paid by the foreclosure sale, then you're released of that lien.
[01:47:08.280 --> 01:47:19.280]  A death order cannot be a subsequent lender. So how in the world can they issue you a 1099A?
[01:47:19.280 --> 01:47:33.280]  If your security instrument commands that the loan be paid and that, of course, after the loan is paid, you are released from that security instrument, meaning there's no more loan.
[01:47:33.280 --> 01:47:38.280]  Loan doesn't exist and there can't be a subsequent lender. You follow me?
[01:47:38.280 --> 01:47:43.280]  Yes, that's in the case of a forced sale of the property.
[01:47:43.280 --> 01:47:58.280]  Right. In the case of a transfer from one holder to the next, then that's where the 1099A would be actually more appropriate.
[01:47:58.280 --> 01:48:09.280]  And why would the holder file the 1099A with the IRS? What would be the purpose?
[01:48:09.280 --> 01:48:28.280]  The purpose would be to set up a 1099C, because by filing the 1099A, it's giving notice to the IRS that a possible cancellation of this debt could occur, but it's up to the lender.
[01:48:28.280 --> 01:48:52.280]  You'll see when the 1099A is reported, the lender is not canceling your debt. You still owe the debt. It's only when they turn the 1099A into a 1099C that there is cancellation of debt and you could possibly owe money on the taxes of that sale.
[01:48:52.280 --> 01:49:04.280]  I'm trying to get at how to track who the holder of the note is or how to create prima facie evidence of lack of holdership.
[01:49:04.280 --> 01:49:14.280]  See, now that, Randy, I believe could be in some kind of legal assignment, which they keep secret from the county clerk office, you see?
[01:49:14.280 --> 01:49:27.280]  What I'm looking for is an audit trail, and I was hoping the 1099A might be part of that audit trail. That's something we'll have to look at.
[01:49:27.280 --> 01:49:33.280]  I would like to talk to you tomorrow. We're running out of time tonight to have two more callers.
[01:49:33.280 --> 01:49:44.280]  Give me a call tomorrow. We'll take that up. I'm going to move ahead to Mike. I don't know where Mike's at. Mike, are you there?
[01:49:44.280 --> 01:49:46.280]  Yes, can you hear me?
[01:49:46.280 --> 01:49:48.280]  Yes, I can hear you.
[01:49:48.280 --> 01:50:11.280]  I'd like to get your ideas on the best approach to being hit with unending child support through direct withdrawals through my employer, even though the child I was importing has been living with me for almost a year now.
[01:50:11.280 --> 01:50:22.280]  There's still nonstop withdrawing the money. They keep saying they'll open an investigation, and every month it reopens again.
[01:50:22.280 --> 01:50:27.280]  Okay. Have you filed anything with the court?
[01:50:27.280 --> 01:50:38.280]  That's what I'm getting to you before I get that involved with. I've gone there and gotten what they've told me, but I got the jury's very course.
[01:50:38.280 --> 01:50:43.280]  Do you have custody of the child?
[01:50:43.280 --> 01:50:47.280]  That's correct, yes, since February.
[01:50:47.280 --> 01:51:00.280]  Okay, then you have to ask the court for child support. You ask the court for a new order on child support, and in this case I would suggest you find an attorney to do that.
[01:51:00.280 --> 01:51:07.280]  The family courts are absolutely by far the most corrupt all over the world.
[01:51:07.280 --> 01:51:20.280]  Yes, that's what I was trying to avoid. I spent $12,000 to hit the way it is now, and then they just went out of state and violated the entire thing and made everything I did worthless.
[01:51:20.280 --> 01:51:29.280]  Either that or you have to do a lot of research. Have you read your family code?
[01:51:29.280 --> 01:51:41.280]  I've been looking into the parts where this is. Is there any chance of me releasing my marriage license to get me out of this jurisdiction, or is that like a label?
[01:51:41.280 --> 01:51:46.280]  No, that is Patriot Mythology Crapola.
[01:51:46.280 --> 01:51:52.280]  Well, that's why I'm trying to get in touch with you to find out what actually is going to work in this corrupt judiciary.
[01:51:52.280 --> 01:52:07.280]  If you have custody of the child, then go down to the family court and ask the clerk for any cases concerning custody. You're going to get lots of them.
[01:52:07.280 --> 01:52:14.280]  The best way to do your research is just phone through case files, and you'll find a file that addresses your issue.
[01:52:14.280 --> 01:52:24.280]  This is a common issue with these courts, where the child was with one parent and the other parent was paying child support.
[01:52:24.280 --> 01:52:35.280]  The child moves to the second parent, and this parent wants to change the child support arrangements. If you go down, you will find where this has been done.
[01:52:35.280 --> 01:52:42.280]  You'll see all of the pleadings. They'll have all of the law. Everything you need is right there in the court files.
[01:52:42.280 --> 01:52:51.280]  We've already filed all the required paperwork to stop the support for several months passed now.
[01:52:51.280 --> 01:53:00.280]  My wife is sent in several affidavits. In fact, she even had embossed and non-embossed and then the electronic ones and all that stuff.
[01:53:00.280 --> 01:53:13.280]  No matter what we do, it's just a quick answer. We were spoken by getting us off.
[01:53:13.280 --> 01:53:17.280]  You say you filed the appropriate documents?
[01:53:17.280 --> 01:53:37.280]  We were told by the agency that I was unable to do anything other than hire an attorney. All she had to do was to file an affidavit stating that she no longer wished to receive the support and that the child was living with me
[01:53:37.280 --> 01:53:49.280]  and to send a certified, new rise copy.
[01:53:49.280 --> 01:53:58.280]  Go down and look through the court record. You will be surprised. Everything you need will be in there. It won't take you long to get this sorted out.
[01:53:58.280 --> 01:54:08.280]  Should it be in that same county or does it matter at the county?
[01:54:08.280 --> 01:54:17.280]  Just go down and thumb through the court records. It is absolutely the best way to do legal research I've ever come across.
[01:54:17.280 --> 01:54:35.280]  Annie and I were talking at the beginning of the show about emotion and lemony. When I first started doing research, that's where I went. I went down to the clerk and just had her bring me a stack of files and I just started going through them.
[01:54:35.280 --> 01:54:47.280]  And I was going through this one really thick file and I turned the page and there is motion in lemony. And I thought, what in the world is that?
[01:54:47.280 --> 01:55:01.280]  What it was was a 24 page motion in a criminal case that listed all of the questions that the other party could not ask.
[01:55:01.280 --> 01:55:13.280]  I wouldn't have had a clue about that. But there it was in the file, a brain emotion, Frank's hearing, Dobbert's hearing. You have no clue. You have no way to look these things up.
[01:55:13.280 --> 01:55:28.280]  You go through the court records and you'll find it in there. And if you ask the clerk, have you had a case like yours where the child moved from one parent to the other
[01:55:28.280 --> 01:55:38.280]  and they wanted to stop the child support? And she'll probably show you two or three of them and you look in there all the documents you need to be right there.
[01:55:38.280 --> 01:55:56.280]  One thing to understand, when you file something with the court, put a cover letter with the filing telling the clerk to bring this immediately to the attention of the court.
[01:55:56.280 --> 01:56:08.280]  And then call the clerk after you filed it and find out what judge the case, the motion has been assigned to.
[01:56:08.280 --> 01:56:16.280]  And then call that judge's office. Don't ask to talk to the judge, but ask to talk to the judge's coordinator.
[01:56:16.280 --> 01:56:26.280]  Or, depending on the state, may have a different name. Ask to talk to the person who keeps the judge's calendar.
[01:56:26.280 --> 01:56:38.280]  And when you get that person, you say, you ask them for an address and tell her, I have a motion filed that's been assigned to this court. Tell them what it is.
[01:56:38.280 --> 01:56:48.280]  Ask her when the judge hears these kinds of motions. This will be much easier if the motion is uncontested.
[01:56:48.280 --> 01:56:54.280]  Then you get an affidavit from your wife agreeing to the issues in the motion.
[01:56:54.280 --> 01:57:08.280]  You ask when the judge will hear these kinds of motions and send a letter to whoever this person is, requesting that she set this motion for hearing.
[01:57:08.280 --> 01:57:22.280]  This is one of the things they don't tell you. If you file a motion with the clerk, it just sits there in the file until you go to the judge's coordinator
[01:57:22.280 --> 01:57:26.280]  and have it set for hearing.
[01:57:26.280 --> 01:57:33.280]  The judges tend not to set these motions for hearing because they don't know what the attorney's schedules are.
[01:57:33.280 --> 01:57:40.280]  So they expect the two attorneys to get together and say, hey, George, when can you hear this motion?
[01:57:40.280 --> 01:57:47.280]  Can you come into court so we can dispose of this motion? And they'll come up with a day and then they'll ask the clerk to set it to that day.
[01:57:47.280 --> 01:57:53.280]  That's why the judges don't do it. So they expect the litigant to do it.
[01:57:53.280 --> 01:57:58.280]  Once you do that, you can probably get it on at the next motion hearing.
[01:57:58.280 --> 01:58:06.280]  The judge is set aside a day where all they do is hear motions and they just cruise right through them.
[01:58:06.280 --> 01:58:14.280]  So they'll just stick yours right in the bunch and if he sees it's not contested, he'll probably just sign it and boom, it's done.
[01:58:14.280 --> 01:58:28.280]  Okay, we are running out of time. I hope that helps you, but the first thing to do is go down and look at how these documents are put together
[01:58:28.280 --> 01:58:37.280]  and get a copy of one that's what you need and then just redo it with your name and such and get your wife to sign it.
[01:58:37.280 --> 01:58:48.280]  This is Randy Calton, Deborah Stevens, Eddie Craig, Ruth LaRaeo. Turn in Monday for Eddie and Deborah on The Traffic Show and I'll be back next Thursday.
[01:58:48.280 --> 01:58:59.280]  Thank you all for listening and good night.
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