[00:00.000 --> 00:07.000]  The Indian government may be wiping the smile off of Colgate's face.
[00:07.000 --> 00:13.000]  Activists claim the toothpaste giant patented an ancient Indian recipe they've been using for thousands of years.
[00:13.000 --> 00:16.000]  Dr. Katharine Albrecht, I'll be back in a moment to tell you more.
[00:16.000 --> 00:22.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[00:22.000 --> 00:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:27.000 --> 00:32.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:32.000 --> 00:35.000]  Privacy. It's worth hanging on to.
[00:35.000 --> 00:42.000]  This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo and Bing.
[00:42.000 --> 00:45.000]  Start over with StartPage.
[00:45.000 --> 00:54.000]  Is Colgate a copycat? Indian activists say the company's newly minted patent for tooth powder is an ancient recipe and they plan to fight it.
[00:54.000 --> 00:58.000]  Colgate is brushing this off. It claims a new twist on the traditional formula.
[00:58.000 --> 01:05.000]  The patent calls for red iron oxide instead of red ochre, but red ochre contains iron oxide. Hmm.
[01:05.000 --> 01:13.000]  The threatened patent challenge could have teeth. In 1995, India fought U.S. efforts to patent turmeric, India won.
[01:13.000 --> 01:18.000]  In the meantime, India is documenting 30 million web pages worth of its ancient herbal formulas.
[01:18.000 --> 01:24.000]  Officials hope this step will prevent companies like Colgate from patenting India's age-old recipes.
[01:24.000 --> 01:31.000]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31.000 --> 01:40.000]  Do you sleep with your cell phone? If the answer is yes, you might be among a growing number of folks who suffer from nomophobia.
[01:40.000 --> 01:46.000]  I'm Dr. Catherine Albrecht and I'll tell you about people's growing fear of being disconnected next.
[01:46.000 --> 01:52.000]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:52.000 --> 01:57.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:57.000 --> 02:02.000]  So protect your rights. Say no to surveillance and keep your information to yourself.
[02:02.000 --> 02:12.000]  Privacy, it's worth hanging on to. This message is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing.
[02:12.000 --> 02:15.000]  Start over with StartPage.
[02:15.000 --> 02:20.000]  Do you take your cell phone into the bathroom or panic if it's not in arm's reach?
[02:20.000 --> 02:25.000]  Do you keep an extra phone on hand just in case your main phone stops working?
[02:25.000 --> 02:32.000]  If you do any of these things, you may have nomophobia or no mobile phobia, the fear of being caught without your cell phone.
[02:32.000 --> 02:38.000]  And you wouldn't be alone. A recent survey finds two-thirds of us feel afraid without our cell phones.
[02:38.000 --> 02:48.000]  A huge increase over just four years ago, and the problem is even worse among young people, where nearly 8 out of 10 people under 24 feel anxious when they're unplugged.
[02:48.000 --> 02:54.000]  Hmm, how could a technology that's supposed to simplify our lives have become such a burden?
[02:54.000 --> 03:09.000]  Director Catherine Albrecht for StartPage.com, the world's most private search engine.
[03:24.000 --> 03:29.000]  What you gonna do?
[03:29.000 --> 03:32.000]  Bad boys, bad boys, what you gonna do?
[03:32.000 --> 03:34.000]  What you gonna do when they come for you?
[03:34.000 --> 03:37.000]  Bad boys, bad boys, what you gonna do?
[03:37.000 --> 03:40.000]  What you gonna do when they come for you?
[03:40.000 --> 03:45.000]  When you were 8 and you had bad dreams, you go to school and learn to go and then lose.
[03:45.000 --> 03:48.000]  So why are you acting like a fluffy fool?
[03:48.000 --> 03:54.000]  Bad boys, bad boys, what you gonna do?
[03:54.000 --> 04:00.000]  All right, folks, good evening. This is Rule of Law Radio. This is our Friday night four-hour info marathon.
[04:00.000 --> 04:04.000]  It is July 27th, 2012.
[04:04.000 --> 04:06.000]  This is Eddie Craig with my co-host, Randy Kelton.
[04:06.000 --> 04:08.000]  Beverly Stevens is off tonight.
[04:08.000 --> 04:13.000]  And tonight, Randy and I want to discuss the report that we've been reading.
[04:13.000 --> 04:24.000]  And this report comes from the United States Congress, and it is dealing with the Department of Justice's Operation Fast and Furious regarding fueling cartel violence.
[04:24.000 --> 04:36.000]  Now, this is prepared by Representative Darrell E. Issa, who is chairman of the United States House of Representatives Committee on Oversight and Government Reform,
[04:36.000 --> 04:41.000]  and Senator Charles E. Grassley, ranking member of the United States Committee on the Judiciary.
[04:41.000 --> 04:47.000]  Now, those of you who've been watching mainstream television know that Operation Fast and Furious
[04:47.000 --> 04:56.000]  transpired when the Phoenix Division of the Alcohol, Tobacco, and Firearms Governmental Agency, the ATF,
[04:56.000 --> 05:01.000]  all the way up to the Department of Justice under Eric Holder,
[05:01.000 --> 05:16.000]  knowingly, willfully, and intentionally, allowed strawmen buyers or Mexican drug cartels to buy all manner of weapons from Arizona gun dealers.
[05:16.000 --> 05:26.000]  And the ATF informed these gun dealers that they were not to do anything that would prevent these individuals from buying these guns.
[05:26.000 --> 05:38.000]  Now, notice that the prospect of somebody that's not allowed to have a gun, actually getting their hands on a gun,
[05:38.000 --> 05:45.000]  is precisely what the alleged mandate of the ATF is.
[05:45.000 --> 05:56.000]  And here, the ATF is going exactly in the opposite direction and allowing known individuals that should never be allowed to purchase these guns
[05:56.000 --> 06:08.000]  to not only purchase guns, but to do so in every known conceivable range of weapons available and in large numbers.
[06:08.000 --> 06:19.000]  At last count, before this little Fast and Furious program ended, there was more than a thousand of these guns recovered in Mexico at crime scenes.
[06:19.000 --> 06:30.000]  In fact, there were so many of them recovered that they actually overflowed the evidence vault there at the ATF Bureau in Mexico.
[06:30.000 --> 06:36.000]  Now, Randy, what do you want to talk about, particularly out of this, that you found interesting?
[06:36.000 --> 06:47.000]  Well, I have a friend who used to go to Mexico on a regular basis and he has people in Mexico and he crossed the border.
[06:47.000 --> 06:54.000]  There's a number of things he would bring back from Mexico that you couldn't get here.
[06:54.000 --> 06:59.000]  And about a year ago, he stopped crossing the border.
[06:59.000 --> 07:11.000]  It got far too dangerous. People in the United States who are traveling in South Texas are regularly warned to avoid the border towns
[07:11.000 --> 07:17.000]  because of the drug cartel violence is going on there.
[07:17.000 --> 07:30.000]  Perhaps the ATF had this notion that if you arm both sides in these internal struggles of one cartel against another,
[07:30.000 --> 07:38.000]  then they'll just kill each other out, maybe. Maybe that was their strategy, I'm not sure.
[07:38.000 --> 07:56.000]  The government has clear evidence of over 20,000 people being killed in northern Mexico in these outright wars of one cartel against the other.
[07:56.000 --> 08:13.000]  And it appears as though this entire mess was fueled by the arm of the government, of our government, that was intended to prevent just exactly that.
[08:13.000 --> 08:26.000]  Instead of being the department that controlled the proliferate proliferation of weapons, they became the source of the proliferation.
[08:26.000 --> 08:41.000]  And I was glad to see that the Congress sanctioned holder, but I think it would be much more appropriate if he were held responsible for some of these 20,000 deaths
[08:41.000 --> 08:52.000]  that our government very clearly was culpable in the cause of.
[08:52.000 --> 08:58.000]  These guys belong in prison. What is going on with our government?
[08:58.000 --> 09:12.000]  This is so outrageous, outrageously out of control, reading this article and trying to imagine what were they thinking?
[09:12.000 --> 09:16.000]  Supposedly they were doing some sort of an investigation.
[09:16.000 --> 09:34.000]  What was the investigation? Were they investigating how many people they could get killed if they gave the most deadly and notorious groups ever known all the weapons they need so they could kill all the people they wanted to?
[09:34.000 --> 09:38.000]  They've only managed to kill about 20,000 or 30,000 so far.
[09:38.000 --> 09:46.000]  Maybe this was just an experiment or maybe they're just trying to exterminate half of Mexico.
[09:46.000 --> 09:54.000]  Perhaps that would eliminate the immigration problem if they get all the cartels along the border slaughtering everybody they walked.
[09:54.000 --> 10:02.000]  That might end the problem. What was going on?
[10:02.000 --> 10:07.000]  Eddie, you got all the answers.
[10:07.000 --> 10:17.000]  You were in law enforcement. What were they thinking? What was the thought process here?
[10:17.000 --> 10:22.000]  Well, I can tell you what I believe the thought process is.
[10:22.000 --> 10:29.000]  The thought process is that these Mexican cartels would not just use these guns against other cartels.
[10:29.000 --> 10:42.000]  These Mexican cartels would do what they've been doing for a while which is trying to make a push over into the southern borders of the states from Mexico and get their hands on some of the lower territories of the U.S.
[10:42.000 --> 10:46.000]  in order to make launching points for their drug cartel shipments.
[10:46.000 --> 11:06.000]  Once those guns started appearing on our side of the border in the hands of the drug cartels, they would have used that information to voice their outcry at this and try to get stricter and more oppressive gun control on the rest of us.
[11:06.000 --> 11:13.000]  They were going to make it look like the cartels were managing to get their hands on these guns despite the government's best efforts to prevent it.
[11:13.000 --> 11:34.000]  When, in fact, the only way the cartel got their hands on these guns was because the very people that claimed to have the duty to prevent that type of activity were engaged in selling them or at least allowing the sale of these guns to the very people that were never supposed to have them.
[11:34.000 --> 12:02.000]  And I honestly believe that's exactly where they were headed with this. They were hoping that those cartels would come across the border, not stay in the border and fight amongst themselves, but come across the border and start attacking Americans on the southern border lines like they have been doing off and on for the past few years thanks to both Bush and Obama doing nothing about securing those borders.
[12:02.000 --> 12:13.000]  Well, about the only thing they did was everything they could to prevent any property owners on this side of the border from protecting themselves.
[12:13.000 --> 12:40.000]  We have a caller who regularly calls in from down in that area and he originally called in with some pretty serious horror stories about the border control, border patrol, that he believed they were running drugs and he wouldn't let them run their drugs across his property so he was being harassed by them.
[12:40.000 --> 12:50.000]  And this was the same office that just a few years ago had been closed down because they got caught running drugs across the border.
[12:50.000 --> 13:17.000]  It appears as though the biggest drug dealer in the country is the country. And giving all of their suppliers guns, I suppose, ensured their supply of drugs that they could sell and then use secretly to finance their own organizations.
[13:17.000 --> 13:38.000]  And with the inability of the government to oversee itself, I really wonder where all of this CIA and ATF drug money is really going to. I suspect it's going to lie in the pockets of employees of the CIA and the ATF.
[13:38.000 --> 13:47.000]  Well, that's most assuredly possible, but let's for one second talk about what these people in these cartels were actually purchasing and getting their hands on.
[13:47.000 --> 14:15.000]  These cartels were buying AK-47s, AR-15s, Barrett-50 caliber BMG sniper rifles, 5-7s, 38 caliber revolvers, revolvers, all kinds of other handguns. I mean, basically any type of armament you can imagine, especially ones that are pretty easy to convert to automatic weapons if you know what you're doing.
[14:15.000 --> 14:29.000]  These guys were getting their hands on them left and right, and the ATF was facilitating that. The ATF specifically instructed the gun dealers to do nothing to prevent the sale of the gun to these individuals.
[14:29.000 --> 14:38.000]  No matter what their reports came back like, the ATF would send them back cleared in the whole nine yards to ensure that the sale of the gun would go through.
[14:38.000 --> 14:58.000]  Now, folks, if you think the United States pretend the government is there to benefit us, think again. They have been nothing but a detriment to this country for generations now.
[14:58.000 --> 15:17.000]  I mean, when the Constitution self-destructed, these people tried to maintain the appearance of their power through lies, deceit, and force. And when that didn't work in every case, they resorted to bribery through the Fed.
[15:17.000 --> 15:30.000]  And that's worked because the state governments are now sucking at the money tit from the federal government, being able to be handed unlimited funds for whatever the states want to do.
[15:30.000 --> 15:39.000]  So they'll buy into virtually anything the federal government wants, including giving up the sovereignty of the state and the protection of its people.
[15:39.000 --> 15:49.000]  That certainly appears to be what they've done. It appears as though they've done everything they could to promote this wholesale slaughter.
[15:49.000 --> 16:03.000]  We should have anyone who has anything to do with it should be prosecuted. There has always been a problem I've had here with this kind of thing.
[16:03.000 --> 16:18.000]  When we have government agencies violating state and federal laws, for whatever reason, we tend not to go after the actors.
[16:18.000 --> 16:42.000]  It's as if we accept out of hand that these agents were just following orders. Now, I thought we handled that in the Nuremberg trials, that the individual operators or actors who acted in accordance with directions from their boss
[16:42.000 --> 16:50.000]  had the acts that had the effect of violating the law belonging to the prison or in the death chamber.
[16:50.000 --> 17:00.000]  This is Randy Cowherty. They were students at a career group on radio. When we come back, we'll take Larry and Chris to be right back.
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[19:20.000 --> 19:32.000]  Alright folks, we are back. This is ruleoflawradio, calling number 512-646-1984.
[19:32.000 --> 19:40.000]  We are going to start taking our callers at the moment. We have Larry and Chris on the board and we're going to go to Larry. Larry, what can we do for you?
[19:40.000 --> 19:50.000]  Oh, are we there? Yep. We're here. Are you there? Yeah, I'm here. I was putting on my headphones so I could hear you better.
[19:50.000 --> 20:07.000]  Randy, I talked to David earlier when he's on the way back from Oklahoma and I was preparing my FDCPA lawsuit and I was looking at this paragraph 20 that's in the FDCPA lawsuit.
[20:07.000 --> 20:19.000]  It's in the Dita Trust. Yes. I started going through my Dita Trust. That paragraph's not in my Dita Trust. So I called David up and I said, what's this paragraph?
[20:19.000 --> 20:26.000]  He said it's in paragraph 20. Well, my paragraph 20 is an appointment of substitute trustee.
[20:26.000 --> 20:42.000]  No, no, no, you're looking at it. Your paragraph 20 is not an appointment. It may be something that allows the appointment of substitute trustee.
[20:42.000 --> 20:52.000]  Yeah, that's what it is. But anyway, he told me to tell you that this is the short. This is only the nine page Dita Trust.
[20:52.000 --> 21:09.000]  That is, I see this every once in a while and I mostly see it in Texas. It is a, I think it's an FAA, FHA Dita Trust. I'm opening it up.
[21:09.000 --> 21:22.000]  This one, as I recall, did not provide an option to sell. Let me back up so everybody's listening and understand what we're talking about.
[21:22.000 --> 21:32.000]  In taking on this foreclosure issue, we have a lot of people complaining about MERS.
[21:32.000 --> 21:40.000]  And, you know, I've been looking at MERS. Larry, you've got a lot of background noise.
[21:40.000 --> 21:42.000]  Sorry about that.
[21:42.000 --> 22:09.000]  Okay. Primarily, what we're going to is about MERS. There's others talk about how MERS is a straw man and they're just standing as a front while the note is bifurcated through them, separated from the Dita Trust, sold to the securities market.
[22:09.000 --> 22:25.000]  Well, I've looked at it in terms of the cause of action before the court and I don't really have one because I can go to the judge and say, well, they bifurcated the note.
[22:25.000 --> 22:33.000]  And the judge is going to say, so what? Well, they sold it to a whole bunch of people who didn't report it with clerk of the court.
[22:33.000 --> 22:44.000]  Okay, so I'm going to mute you for the moment, Larry.
[22:44.000 --> 22:48.000]  Okay, there we go.
[22:48.000 --> 23:03.000]  They're going to say, well, so what? Well, I might wind up with two lenders trying to collect on my note. And the judge is going to say, well, do you have two lenders trying to collect on your note?
[23:03.000 --> 23:19.000]  Well, no, but I could have and he's going to say, well, when you do, then you have a claim. Until you do, you haven't stated a claim. So we went back and looked for a claim and we found it.
[23:19.000 --> 23:42.000]  We found it and generally turns up in paragraph 20 where paragraph 20 authorizes the borrower to sell a portion of the note or the entire note and always you'll see brackets together with this security instrument.
[23:42.000 --> 23:50.000]  So that is a contractual restriction on the lender bifurcating the note.
[23:50.000 --> 23:53.000]  So when the judge says, well, how are you harmed?
[23:53.000 --> 24:20.000]  Then you say to the judge, well, I had a concern that this could occur and I didn't want to have this happen so that I would have a quiet title and wouldn't have to worry about it being clouded by people holding an unreported beneficial interest in the note.
[24:20.000 --> 24:28.000]  So I put in a contractual restriction in the contract to prevent them from doing this.
[24:28.000 --> 24:33.000]  Well, they breached that contractual restriction.
[24:33.000 --> 24:41.000]  Now I am subjected to the harm that that restriction was intended to prevent.
[24:41.000 --> 24:45.000]  I am harmed by breach of contract.
[24:45.000 --> 24:47.000]  That's how I'm harmed.
[24:47.000 --> 24:58.000]  Well, here we have some of these that most all of them have the paragraph 20.
[24:58.000 --> 25:00.000]  This one doesn't have it at all.
[25:00.000 --> 25:03.000]  And we come across this on occasion.
[25:03.000 --> 25:08.000]  So Larry, let me unmute.
[25:08.000 --> 25:14.000]  So Larry, tell me what is your argument now?
[25:14.000 --> 25:20.000]  Well, I've read through it all the way through a couple of times and there is no...
[25:20.000 --> 25:21.000]  Okay, don't worry.
[25:21.000 --> 25:25.000]  I'm asking you very specifically.
[25:25.000 --> 25:39.000]  They don't have a paragraph 20 in your note where you authorize the lender to sell a portion of the note or the entire note together with a security instrument.
[25:39.000 --> 25:45.000]  What is your breach of contract complaint you now have against the lender?
[25:45.000 --> 25:50.000]  My breach of contract would be they sold the note three times.
[25:50.000 --> 25:58.000]  Though your claim is not that they sold the note three times.
[25:58.000 --> 26:05.000]  Your claim is that they sold the note one time.
[26:05.000 --> 26:14.000]  They are not authorized by this contract to sell this note at all.
[26:14.000 --> 26:21.000]  When you have paragraph 20, they're authorized to sell the note, but only in conjunction with the deed of trust.
[26:21.000 --> 26:28.000]  Here, you entered into a contractual arrangement with...
[26:28.000 --> 26:31.000]  What is this company, Lender?
[26:31.000 --> 26:40.000]  The lender is the original was elite, elitey, more LLC, which is no one business.
[26:40.000 --> 26:41.000]  Okay, okay.
[26:41.000 --> 26:52.000]  You entered into a contract with this company and you granted no authority to transfer this note to anyone else.
[26:52.000 --> 26:58.000]  So your position is that if this company was going out of business,
[26:58.000 --> 27:05.000]  they had to come back to you and renegotiate a contract.
[27:05.000 --> 27:07.000]  They didn't do that.
[27:07.000 --> 27:18.000]  And in looking through your records, I don't recall finding where they transferred the note to anybody.
[27:18.000 --> 27:23.000]  No, they never did.
[27:23.000 --> 27:30.000]  All they've done is an assignment of deed of trust and that was MERS that did that just a few months back.
[27:30.000 --> 27:39.000]  Yes, so the action we have against them is we don't go in complaining.
[27:39.000 --> 27:50.000]  They sold the note on the securities market and then they transferred it back and forth and didn't report it to the clerk of the court.
[27:50.000 --> 27:53.000]  That's not our complaint. That's not our issue.
[27:53.000 --> 28:00.000]  You got to ask the right question in order to give the right answer.
[28:00.000 --> 28:14.000]  Can you ask the court, can the lender sell this note that I entered this obligation that I entered into with him?
[28:14.000 --> 28:25.000]  If there is no authorization in the contract for him to do so, you only entered into an agreement with this individual and no one else.
[28:25.000 --> 28:33.000]  So you have someone else coming back claiming authority to collect on this note.
[28:33.000 --> 28:47.000]  And the only way they can have a beneficial interest is in violation of the contractual agreement because you never entered into an agreement with these people.
[28:47.000 --> 28:53.000]  So an FDCPA lawsuit is not where I'm headed now?
[28:53.000 --> 28:57.000]  Oh, yes it is. That's exactly where you're going.
[28:57.000 --> 29:07.000]  And the FDCPA lawsuit, you have someone who came to you and said, I have authority to collect on this note.
[29:07.000 --> 29:11.000]  I am collecting on this note. You have to pay me these amounts.
[29:11.000 --> 29:21.000]  If you don't pay me these amounts, I'll exercise the remedies contained in the contract that you entered into in the form of deep trust.
[29:21.000 --> 29:31.000]  Well, you say, in fact, that there is a contract and you entered into a contract in the form of deep trust.
[29:31.000 --> 29:37.000]  But I didn't enter a contract with you. Who are you?
[29:37.000 --> 29:42.000]  Show me you have the authority that you claim you have.
[29:42.000 --> 29:49.000]  I'll go back to this when you come back and why it is a elegant way of going after these guys.
[29:49.000 --> 29:55.000]  It asks the right question first and it's a set up and I'll show you why when we come back.
[29:55.000 --> 29:59.000]  Randy Kelk of the University of Ukraine with a radio.
[29:59.000 --> 30:05.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.000 --> 30:07.000]  The government says that fire brought it down.
[30:07.000 --> 30:12.000]  However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.000 --> 30:15.000]  Over 6,000 of my fellow service members have given their lives.
[30:15.000 --> 30:18.000]  And thousands of my fellow first responders have died.
[30:18.000 --> 30:20.000]  I'm not a conspiracy theorist. I'm a structural engineer.
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[31:00.000 --> 31:07.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy.
[31:07.000 --> 31:10.000]  And neither is finding like-minded people to share it with.
[31:10.000 --> 31:13.000]  Oh well, I guess you haven't heard of Brave New Books then.
[31:13.000 --> 31:14.000]  Brave New Books?
[31:14.000 --> 31:19.000]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones,
[31:19.000 --> 31:25.000]  Ron Paul and G. Edward Griffin. They even stock inner food, Berkey products and Calvin Soapes.
[31:25.000 --> 31:27.000]  There's no way a place like that exists.
[31:27.000 --> 31:33.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[31:33.000 --> 31:36.000]  Ah, by UT? There's never anywhere to park down there.
[31:36.000 --> 31:42.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[31:42.000 --> 31:44.000]  just behind the bookstore.
[31:44.000 --> 31:47.000]  It does exist, but when are they open?
[31:47.000 --> 31:52.000]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[31:52.000 --> 32:00.000]  So get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[32:00.000 --> 32:05.000]  Yeah, I got a warrant.
[32:05.000 --> 32:09.000]  And I'm going to solve them.
[32:09.000 --> 32:12.000]  To the government then.
[32:12.000 --> 32:14.000]  Prosecute them.
[32:14.000 --> 32:16.000]  Okay.
[32:18.000 --> 32:20.000]  All set.
[32:20.000 --> 32:36.000]  Okay, we are back.
[32:36.000 --> 32:42.000]  We're talking to Larry in Texas.
[32:42.000 --> 32:46.000]  We're talking about his deed of trust.
[32:46.000 --> 32:53.000]  And before we move past this point,
[32:53.000 --> 32:59.000]  I did want to talk about a couple of issues concerning the deed of trust,
[32:59.000 --> 33:01.000]  but we'll get to that in a minute.
[33:01.000 --> 33:09.000]  Right now, a while back, I did a show with Pastor Massad on his network,
[33:09.000 --> 33:16.000]  and he had a broadcaster who was stepping down and I did his final show with him.
[33:16.000 --> 33:24.000]  And the guy made a statement that really hung with me.
[33:24.000 --> 33:30.000]  He said, never stipulate to anything.
[33:30.000 --> 33:35.000]  And I listened to him and thought about it
[33:35.000 --> 33:43.000]  and realized that in the suits we were filing, we were stipulating to lots of things.
[33:43.000 --> 33:51.000]  One of which was we were stipulating to agency of the agent.
[33:51.000 --> 33:57.000]  When you have a foreclosure action taking against you,
[33:57.000 --> 34:07.000]  you will almost never have the bank itself prosecuting the action.
[34:07.000 --> 34:16.000]  You will have an agent for the bank prosecuting the action in the form of a law firm.
[34:16.000 --> 34:24.000]  So I looked at it and I said, who is the law firm?
[34:24.000 --> 34:36.000]  This entity that is not the bank sent me this letter or it's either a law firm or a servicer.
[34:36.000 --> 34:46.000]  And they say, you have this obligation and we have authority to enforce the obligation.
[34:46.000 --> 34:56.000]  And since they are not the individual or entity with whom you entered into a contract,
[34:56.000 --> 34:59.000]  the first question is, who the heck are you?
[34:59.000 --> 35:05.000]  How do I know you're not some chomp that went down the court records and saw my deed of trust
[35:05.000 --> 35:11.000]  and saw Merz in there and just made this up
[35:11.000 --> 35:17.000]  so that you could order me to pay you at the address you provided.
[35:17.000 --> 35:24.000]  I knew a person years ago in Chicago who was a professional criminal.
[35:24.000 --> 35:28.000]  He was very good at being a professional criminal.
[35:28.000 --> 35:39.000]  And the way he maintained his steady income between major capers was he would send bills to companies.
[35:39.000 --> 35:42.000]  Not big bills, just small bills.
[35:42.000 --> 35:46.000]  He had a large list of them.
[35:46.000 --> 35:55.000]  And these guys traded between one another names of companies that would pay these small bills without ever checking on them.
[35:55.000 --> 35:59.000]  And in fact, that was not what he was doing was illegal.
[35:59.000 --> 36:02.000]  He would just simply send a bill to these companies.
[36:02.000 --> 36:05.000]  These companies he'd have paid it or he didn't.
[36:05.000 --> 36:10.000]  Because they paid it and found out that they didn't really owe this person.
[36:10.000 --> 36:14.000]  Well, that was a civil issue, not a criminal.
[36:14.000 --> 36:17.000]  The guy didn't come down there and stick a gun in their face and say,
[36:17.000 --> 36:19.000]  give me your money or I'll shoot you.
[36:19.000 --> 36:23.000]  He just said, hey, I want you to send me some money.
[36:23.000 --> 36:26.000]  And these guys said, okay, I'll send you some money.
[36:26.000 --> 36:30.000]  And then they discovered that he didn't really have a claim.
[36:30.000 --> 36:35.000]  And she was, I wish I hadn't sent you that money, but they did.
[36:35.000 --> 36:41.000]  So this goes to concern over that kind of scam.
[36:41.000 --> 36:50.000]  How do I know that this person who claims to be acting as an agent for this alleged principle,
[36:50.000 --> 36:54.000]  which seldom the company that I am in the contract with,
[36:54.000 --> 36:59.000]  how do I know he's actually an agent for this principle?
[36:59.000 --> 37:10.000]  How do I know that this principle actually has standing to collect on the note in the form of beneficial,
[37:10.000 --> 37:18.000]  a beneficial interest in the title, equitable title, as opposed to legal title?
[37:18.000 --> 37:30.000]  And even if he does, how do I know that this entity has the legal capacity to enforce this obligation
[37:30.000 --> 37:36.000]  through the confess judgment contained in the deed of trust?
[37:36.000 --> 37:52.000]  So he can have equitable title to the claim and have authority or standing to sue me as the obligor, obligee,
[37:52.000 --> 37:56.000]  in the civil courts and give judgment against me.
[37:56.000 --> 37:57.000]  But that's not what he's doing.
[37:57.000 --> 38:06.000]  He's making a claim based on a confessed judgment, a separate document that I entered into.
[38:06.000 --> 38:13.000]  I entered into a note which obligated me to the holder of the beneficial interest in the note.
[38:13.000 --> 38:22.000]  And I also entered into a secondary agreement that gave the bank a special privilege,
[38:22.000 --> 38:28.000]  gave them the privilege of bypassing the normal procedure of suing me in the court,
[38:28.000 --> 38:38.000]  getting a claim against me and then asking for an order from the court to liquidate my property to satisfy the claim.
[38:38.000 --> 38:48.000]  Well, they acted under the secondary agreement which gave the holder of the note a direct claim against the property
[38:48.000 --> 38:54.000]  that they wouldn't have to sue me directly, they would sue in rem against the property.
[38:54.000 --> 39:04.000]  And the contract also put restrictions on me so I couldn't liquidate the property which was their collateral for their note.
[39:04.000 --> 39:07.000]  And they didn't have to go to the court and get a judgment.
[39:07.000 --> 39:09.000]  I confessed to judgment.
[39:09.000 --> 39:12.000]  Normally a confessed judgment is illegal.
[39:12.000 --> 39:20.000]  But the legislatures of a lot of states allowed it in these limited circumstances.
[39:20.000 --> 39:27.000]  So it is something that's normally illegal and it is a special circumstance.
[39:27.000 --> 39:34.000]  So these guys are going to have to scrupulously follow law in exercising this special privilege.
[39:34.000 --> 39:42.000]  And we're saying that you may actually have standing to enforce the note.
[39:42.000 --> 39:51.000]  But if you don't also hold the title, I'm sorry, if you don't also hold the deed of trust,
[39:51.000 --> 40:00.000]  and if you don't hold that deed of trust properly, then you have no capacity to enforce the deed of trust.
[40:00.000 --> 40:04.000]  So, prove it up.
[40:04.000 --> 40:06.000]  You made the claim, I didn't.
[40:06.000 --> 40:14.000]  There is no duty on my part for me to disprove your claim.
[40:14.000 --> 40:22.000]  You made the claim, you have a duty to prove it up once you have proved up that issue.
[40:22.000 --> 40:24.000]  Now I'll come back.
[40:24.000 --> 40:28.000]  I will dismiss my claim against you.
[40:28.000 --> 40:37.000]  And I'll refile this as an amended complaint and sue your principal.
[40:37.000 --> 40:45.000]  And demand that the principal show that he has the standing in capacity and actually have another reason for suing the principal.
[40:45.000 --> 40:50.000]  And frankly, in this case, this is a setup.
[40:50.000 --> 40:56.000]  Refile this suit this way purposely.
[40:56.000 --> 41:03.000]  So that we give the other side nothing.
[41:03.000 --> 41:07.000]  We only say you demanded payment.
[41:07.000 --> 41:18.000]  Prove that you have stand agencies standing in capacity to enforce the claim that you are attempting to enforce.
[41:18.000 --> 41:29.000]  And what that's going to draw, which is a draw just about every time, is a rule 12 motion to dismiss a failed state of claim in which a court can be had.
[41:29.000 --> 41:39.000]  I say just about every time because lawyers are really incompetent.
[41:39.000 --> 41:46.000]  They make absolutely the worst witnesses and they make the worst clients.
[41:46.000 --> 41:54.000]  When we sue the law firms themselves, they absolutely have no idea for the most part what to do.
[41:54.000 --> 42:12.000]  So they file a rule 12 motion to dismiss a failed state of claim and they argue that the underlying mortgage with the presumption that they have agency standing in capacity to enforce the underlying mortgage.
[42:12.000 --> 42:25.000]  Then this evaluation that we have been talking about for a while, it is exactly this issue that led us to produce these evaluations.
[42:25.000 --> 42:41.000]  Because when the law firm or when the collecting agent comes back with a rule 12 motion to dismiss a failed state of claim and argues the underlying debt,
[42:41.000 --> 42:51.000]  then we move to strike the pleading as frivolous as it fails to address any issues now before the court.
[42:51.000 --> 42:55.000]  There is no mortgage before this court.
[42:55.000 --> 43:00.000]  The only issue before this court is agency standing in capacity.
[43:00.000 --> 43:07.000]  And in our response to the rule 12, we pull out this evaluation we've done.
[43:07.000 --> 43:24.000]  And we say we have reason to believe that the lender lacks agency standing in capacity to enforce this deed of trust for these reasons and we start out with the deed of trust.
[43:24.000 --> 43:38.000]  In this case, we have a document that was filed with the county recorder on whatever date that it purports to be a deed of trust.
[43:38.000 --> 43:42.000]  It's actually titled deed of trust.
[43:42.000 --> 43:48.000]  And when I come back from the other side, I'll take this document and show why it is no such thing.
[43:48.000 --> 44:00.000]  This is not a deed. It's not a trust at all. It's a grant. And it's a grant secure failure to give full disclosure. We'll be right back.
[44:00.000 --> 44:06.000]  The Oakland City bombing. Top 10 reasons to question the official story.
[44:06.000 --> 44:09.000]  Reason number two, why was the ATF AWOL?
[44:09.000 --> 44:20.000]  Paramedic Tiffany Bible, who was on the scene within five minutes, has stated in an affidavit that agents of the Bureau of Alcohol, Tobacco and Firearms told her that they were not in the office that morning.
[44:20.000 --> 44:27.000]  EMT Catherine Mallant also overheard one agent say to another, close, is that why we got the page to not come in today?
[44:27.000 --> 44:34.000]  Bruce Shaw, as interviewed on KFLOR TV, was also told by ATF agents that they had been paged to not come into work.
[44:34.000 --> 44:46.000]  The ATF initially denied these claims, and now variously claim that one of their agents was in a free falling elevator which has been disproven, or that they had been in an all night stick out, or that they had been in a golf tournament.
[44:46.000 --> 44:56.000]  As they try to sort out their lies, all we want to know is, did the ATF receive a warning, and if so, why did they not pass it on to others in the mobile world?
[44:56.000 --> 45:00.000]  For more information, go to okcfoundandtruth.com.
[45:00.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
[45:04.000 --> 45:15.000]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand four CD course that will show you how in 24 hours, step by step.
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[45:53.000 --> 45:57.000]  Please visit ruleoflawradio.com and click on the banner.
[45:57.000 --> 46:24.000]  Toe-free 866-LAW-EASY.
[46:24.000 --> 46:32.000]  Okay, we are back, Randy Kelton, Debra Stephens, and Craig with the radio.
[46:32.000 --> 46:39.000]  Eddie was wanting to know in the break if I was going to finish this by Christmas.
[46:39.000 --> 46:51.000]  And I think I will. I'm addressing this to make a very important point, and it goes to presuppositions.
[46:51.000 --> 47:10.000]  Every time we talk to someone, every time we have a conversation with someone, in order to hold a reasonable and cogent conversation, we have to presuppose a whole lot of things.
[47:10.000 --> 47:14.000]  Who here has an answer to phone?
[47:14.000 --> 47:24.000]  And somebody said, well, hello, George, this is John, and you say, oh, well, hello, John, and you're thinking, John, which John is that?
[47:24.000 --> 47:36.000]  And he starts asking you this vague, a general question, and you go inside and you can make some general links to what he's talking about, and you answer back and forth.
[47:36.000 --> 47:44.000]  And it takes a while for the two of you to realize that neither one of you know each other.
[47:44.000 --> 47:54.000]  And this topic you were discussing, both of you, thought you knew what you were talking about when both of you were talking about different things.
[47:54.000 --> 48:00.000]  This goes to presuppositions, unstated presuppositions.
[48:00.000 --> 48:15.000]  And while we have to act from those in order to have any kind of cogent and reasonable conversation with anyone, they can be a problem, especially in law.
[48:15.000 --> 48:25.000]  And here what we've tried to do is back up and look at the legal presuppositions we were making in our pleadings.
[48:25.000 --> 48:30.000]  Go back to the start and start from the very beginning.
[48:30.000 --> 48:34.000]  Someone is making a claim.
[48:34.000 --> 48:41.000]  Who is making the claim and what authority do they have to make that claim?
[48:41.000 --> 48:50.000]  First question, and we had for all this time been presupposing that the person making the claim had the power to make it.
[48:50.000 --> 48:52.000]  Well, we got that fixed.
[48:52.000 --> 49:02.000]  And so we make this basic request under Fair Debt Collections Practices Act.
[49:02.000 --> 49:08.000]  They're going to claim that they're collecting on a mortgage and therefore they are not a debt collector.
[49:08.000 --> 49:13.000]  And we're saying, well, perhaps you are collecting on a mortgage.
[49:13.000 --> 49:15.000]  However, I don't know that.
[49:15.000 --> 49:18.000]  You have just said that.
[49:18.000 --> 49:27.000]  But if you can't prove that, in fact, you are collecting on a mortgage, then Bubba, you're a debt collector.
[49:27.000 --> 49:37.000]  Once you prove that you're collecting on a mortgage and prove that someone collecting on a mortgage is not subject to these requirements, fine.
[49:37.000 --> 49:40.000]  We'll go away and file a different search.
[49:40.000 --> 49:42.000]  But nobody's done that yet.
[49:42.000 --> 49:43.000]  They've made the claim.
[49:43.000 --> 49:44.000]  They've offered the proof.
[49:44.000 --> 49:48.000]  So they're going to come back and say, oh, this is a frivolous claim.
[49:48.000 --> 49:50.000]  They don't have any standing to ask this claim.
[49:50.000 --> 50:02.000]  And we're going to come back and say, well, we ask this question because we have these issues with the document underlying documentation concerning this mortgage.
[50:02.000 --> 50:11.000]  For instance, we have this document that called a Debt of Trust that we entered into at closing.
[50:11.000 --> 50:26.000]  This document was provided by a trustee that we engaged as an act of due diligence because we were not a knowledgeable purchaser.
[50:26.000 --> 50:33.000]  So we engaged licensed professionals who had a fiduciary duty to protect our interest.
[50:33.000 --> 50:41.000]  And we had a reasonable expectation of good faith and fair dealing from our fiduciaries.
[50:41.000 --> 50:57.000]  So when the fiduciary produced this document titled Debt of Trust, why, we had reason to believe that this was a Debt of Trust when in fact it was no such thing.
[50:57.000 --> 51:05.000]  A Debt of Trust would have transferred the property to a custodian.
[51:05.000 --> 51:17.000]  And this custodian would have managed the property for the benefit of the borrower and the lender, for the benefit of the grantor and the grantee.
[51:17.000 --> 51:24.000]  But if you read the actual document, what it really is, is a grant.
[51:24.000 --> 51:30.000]  Oh, it claims to transfer the property to the trustee.
[51:30.000 --> 51:43.000]  It says, the security instrument secures the lender the payment of the debt evidenced by the note with the interest in all renewals, exchange modifications of the note.
[51:43.000 --> 52:07.000]  The performance of borrowers, covenants and agreements under the security instrument and the note. For this purpose, borrower irrevocably grants and conveys to the trustee in trust with power of sale, the following described property located in Johnson County taxes in a described property.
[52:07.000 --> 52:16.000]  Go to the next paragraph, together with all the improvements now here and under all these measures and fixtures, all replacements, blah, blah, blah.
[52:16.000 --> 52:39.000]  If necessary to comply with laws and customs, MERS, as nominee for lender and lender successors and a size, has the right to exercise any or all of these interests, including but not limited to the right to foreclose and sell the property and take any action required of lender,
[52:39.000 --> 52:48.000]  not limited to releasing or canceling this security instrument.
[52:48.000 --> 53:09.000]  It claims to be a trust and it appoints a trustee and it purports to transfer the property to the trustee, but it gives MERS, who is the beneficiary, full power to foreclose or transfer the property.
[53:09.000 --> 53:19.000]  That is not a trust. That's a document that has the semblance of a trust, but in fact is a grant.
[53:19.000 --> 53:29.000]  And the problem is, this document was presented to the borrower by the borrower's fiduciary.
[53:29.000 --> 53:47.000]  The borrower had reason to accept the pronouncements of his fiduciary and was unable of his own knowledge to adequately examine and understand these documents.
[53:47.000 --> 53:50.000]  That's why he used the fiduciary.
[53:50.000 --> 53:55.000]  The document was not what it was proposed to be.
[53:55.000 --> 54:03.000]  It was a document produced by lack of full disclosure and therefore is devoid on its face.
[54:03.000 --> 54:20.000]  So this actor is claiming to enforce a void document and then in our evaluations we will go on to the fact that this is not the entity with whom we entered into a contract.
[54:20.000 --> 54:43.000]  And in this deed of trust, even if the court were to rule that this deed of trust was not void on its face, that the actions of the borrower subject to entering into this contractual agreement would act as a violation of the agreement.
[54:43.000 --> 54:56.000]  Anyway, as the actor sold this obligation to a third party, that's an ultraviolet's action, an action beyond the authority of the contract.
[54:56.000 --> 55:06.000]  Hence therefore, breach of the contract, the borrower, the lender voluntarily breach the contract.
[55:06.000 --> 55:12.000]  That acts as a repudiation of the contract and voluntary rescission.
[55:12.000 --> 55:17.000]  So we had these issues and we believe this because we have this assignment.
[55:17.000 --> 55:23.000]  And then I'll look at the assignment and take apart the assignment piece by piece.
[55:23.000 --> 55:28.000]  One of the things we take apart, who is the signator on this assignment?
[55:28.000 --> 55:33.000]  Who is the agency claiming to do the assignment?
[55:33.000 --> 55:42.000]  Are they the person, is MERS acting for the original lender and can they prove that?
[55:42.000 --> 55:53.000]  And did they include a complete chain of transfers to each entity who held beneficial interest?
[55:53.000 --> 55:56.000]  And this is where we go to the securities analysis.
[55:56.000 --> 56:03.000]  They claim to transfer the note and the deed of trust to this individual.
[56:03.000 --> 56:09.000]  Well, we did the securities analysis and we found that the note was transferred to this person, this person, this person, this person.
[56:09.000 --> 56:15.000]  And these guys didn't mention those, so we have reason to believe they don't have the agency that they claim.
[56:15.000 --> 56:24.000]  When the lawyer gets this response to the Rule 12 motion, he's going to say those dirty rascals.
[56:24.000 --> 56:27.000]  They set us up.
[56:27.000 --> 56:29.000]  Yeah, we did.
[56:29.000 --> 56:35.000]  Lawyers don't do that kind of thing to one another, but we're not lawyers.
[56:35.000 --> 56:37.000]  We're the process from hell.
[56:37.000 --> 56:41.000]  We can set you up if we want to.
[56:41.000 --> 56:43.000]  Okay, Larry, you there?
[56:43.000 --> 56:45.000]  Yes, sir.
[56:45.000 --> 56:47.000]  Did all that make sense?
[56:47.000 --> 56:49.000]  It sure did.
[56:49.000 --> 56:57.000]  I've been struggling with a way to present this so it makes sense to my listener.
[56:57.000 --> 57:06.000]  If it makes sense to my listener, it might make sense to a judge, maybe.
[57:06.000 --> 57:18.000]  But with all difference to judge, we can have an honest judge who actually fully intends to do the right thing.
[57:18.000 --> 57:30.000]  And I have to not understand these issues because while he's learned counsel, he has to deal with all sorts of different legal issues all the time.
[57:30.000 --> 57:38.000]  And these are sophisticated arguments where Dr. Graves says you should craft your pleading for an eighth grader.
[57:38.000 --> 57:46.000]  This is not a derogatory reference to the middle capacity of the courts.
[57:46.000 --> 57:54.000]  It's a reference to the amount of attention the judge has to apply to the issue.
[57:54.000 --> 57:56.000]  I will finish this on the other side.
[57:56.000 --> 58:02.000]  The calls are stacking up and I appreciate you folks being patient with me.
[58:02.000 --> 58:13.000]  But I did think this was important enough and needed to go into some detail on be careful what we presuppose.
[58:13.000 --> 58:17.000]  Never stipulate to anything.
[58:17.000 --> 58:19.000]  Unless you absolutely have to.
[58:19.000 --> 58:20.000]  This is Randy Kelk.
[58:20.000 --> 58:22.000]  This is David Craig.
[58:22.000 --> 58:23.000]  We have our radio.
[58:23.000 --> 58:28.000]  Our caller number is 512-646-1984.
[58:28.000 --> 58:30.000]  We'll come back on the other side.
[58:30.000 --> 58:36.000]  And Larry, do you have any other questions or comments for us?
[58:36.000 --> 58:37.000]  Not at the other side.
[58:37.000 --> 58:38.000]  Who are the callers?
[58:38.000 --> 58:39.000]  Okay.
[58:39.000 --> 58:40.000]  Thank you, Larry.
[58:40.000 --> 58:42.000]  We'll come back and we'll go to Chris and Texas.
[58:42.000 --> 58:43.000]  We'll be right back.
[58:43.000 --> 58:50.000]  This is top of the air breaks in a couple of minutes and we'll be right back on the other side.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
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[01:02:53.000 --> 01:03:01.000]  This is Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:03:23.000 --> 01:03:34.000]  We are back with our video and we're going to go to Chris in Texas. Chris, what do you have for us tonight?
[01:03:34.000 --> 01:03:45.000]  Hey Randy, I called in last night and was talking to you about the child support, possibly filing the motion to dismiss, but I wanted to clarify something.
[01:03:45.000 --> 01:04:02.000]  That this is the one where they apparently eight years ago had themselves a hearing and didn't include me, didn't service me, and I went and filed the bill of review here back in May.
[01:04:02.000 --> 01:04:19.000]  And I was wanting to know, is the motion to dismiss still what I need to file on this since the AG has not responded to the bill of review?
[01:04:19.000 --> 01:04:31.000]  Okay. What was the nature of the case that would give the Attorney General subject matter jurisdiction? Was this a child support issue?
[01:04:31.000 --> 01:04:33.000]  Yes, sir.
[01:04:33.000 --> 01:04:41.000]  Okay, this is the issue where the judge said she could not believe that the AG did not notice you. Is that correct?
[01:04:41.000 --> 01:04:48.000]  She said that she couldn't believe that they didn't notice me and she couldn't believe that they hadn't responded to the bill of review.
[01:04:48.000 --> 01:05:09.000]  Oh, wonderful. That's even better. So that's not really so much a statement of lack of belief. That's more of a statement of incredulous surprise. So that's wonderful.
[01:05:09.000 --> 01:05:17.000]  And did you ask, okay, what type of adjudication do you have from a court?
[01:05:17.000 --> 01:05:19.000]  None at the moment.
[01:05:19.000 --> 01:05:25.000]  Okay, so you have the AG petitioning for what?
[01:05:25.000 --> 01:05:35.000]  They were petitioning for a motion to enforce, which is what put me into this whole thing when they served me for that back in May.
[01:05:35.000 --> 01:05:41.000]  Okay, this is to enforce a order for child support that you weren't aware existing?
[01:05:41.000 --> 01:05:48.000]  Yeah, eight years that they obviously had some kind of court hearing eight years ago on.
[01:05:48.000 --> 01:05:55.000]  And you're saying that eight years ago there was no child support order?
[01:05:55.000 --> 01:06:02.000]  Well, I'm not. I'm assuming that that's, according to the papers, that's when they got a default judgment.
[01:06:02.000 --> 01:06:07.000]  Did you check the court record at the time?
[01:06:07.000 --> 01:06:15.000]  And this is where I came up with that they served an address that I didn't live at and claimed that that address is where they served me.
[01:06:15.000 --> 01:06:34.000]  Oh, okay. Well, generally, a motion to dismiss the original judgment for lack of subject matter jurisdiction for failure to properly serve will almost always get approved.
[01:06:34.000 --> 01:06:40.000]  If you can show that, okay, hold on, backup address.
[01:06:40.000 --> 01:06:47.000]  Did they just pull this address out of the blue or was there some reason they had this particular address?
[01:06:47.000 --> 01:06:53.000]  I'm not sure how they got this that address.
[01:06:53.000 --> 01:06:59.000]  Did this address have something to do with you, have a connection to?
[01:06:59.000 --> 01:07:04.000]  Well, one of the addresses is my cousin's old address.
[01:07:04.000 --> 01:07:06.000]  Your cousin's old address?
[01:07:06.000 --> 01:07:07.000]  Yes.
[01:07:07.000 --> 01:07:10.000]  Did your cousin have anything to do with this case?
[01:07:10.000 --> 01:07:12.000]  No.
[01:07:12.000 --> 01:07:14.000]  Was that ever your address?
[01:07:14.000 --> 01:07:15.000]  No.
[01:07:15.000 --> 01:07:24.000]  Okay. Well, what I was looking for was perhaps it was an address that you had changed and they're going to say, well, he didn't give us a change of address.
[01:07:24.000 --> 01:07:33.000]  If this was never your address, can you get a, was this a property your cousin owned or just rented?
[01:07:33.000 --> 01:07:40.000]  He owned at the time and I also included, in my bill of review, I included two exhibits.
[01:07:40.000 --> 01:07:50.000]  One was my social security form that came to the address I really lived at, where I actually lived.
[01:07:50.000 --> 01:08:09.000]  Then the other one was where we moved from that address a couple months later over to a new address and I received my thing to renew my registration on my car at that address.
[01:08:09.000 --> 01:08:18.000]  Okay, did you, okay, neither of those addresses had anything to do with where the Attorney General sent these documents?
[01:08:18.000 --> 01:08:19.000]  Right.
[01:08:19.000 --> 01:08:24.000]  Does your cousin have a similar name to yours?
[01:08:24.000 --> 01:08:29.000]  No, his name's nowhere even close to mine. His name is Stephen.
[01:08:29.000 --> 01:08:34.000]  Okay, so does the court know he's your cousin?
[01:08:34.000 --> 01:08:35.000]  No.
[01:08:35.000 --> 01:08:38.000]  Okay, I wouldn't tell him.
[01:08:38.000 --> 01:08:50.000]  You can get an affidavit from your cousin saying, this person at this time did not live here. I lived here. I owned his property.
[01:08:50.000 --> 01:08:58.000]  That's a person never lived here. You can get that as an affidavit and take it to the court.
[01:08:58.000 --> 01:09:11.000]  And almost certainly the court, that's the one thing we always get rulings in our favor on when we have an adjudication that was entered into with lack of notice.
[01:09:11.000 --> 01:09:25.000]  The interesting thing, Randy, is there's two addresses on the return citation and one is the address down the street from my cousin's address and one is his address.
[01:09:25.000 --> 01:09:30.000]  And neither one of them is an address that has a connection to you?
[01:09:30.000 --> 01:09:31.000]  No.
[01:09:31.000 --> 01:09:53.000]  Okay, then to simply make the accusation that there was a mistake by the attorney general in addressing and ask the attorney general to produce the return, the signed return receipt showing that you actually received the document.
[01:09:53.000 --> 01:10:05.000]  In the alternative, produce the letter that was returned by the post office and see if they claim they don't have it.
[01:10:05.000 --> 01:10:11.000]  Good chance they will, but it's also a good chance it'll show up in their records.
[01:10:11.000 --> 01:10:15.000]  If you're talking about in the case file?
[01:10:15.000 --> 01:10:18.000]  Yes, we had that happen in New York.
[01:10:18.000 --> 01:10:28.000]  We called a lawyer and they had sent, we said, a client never got notice and they said, we sent it.
[01:10:28.000 --> 01:10:35.000]  And they said, we never got it and he checked his files and he said, we have it right here, return to us.
[01:10:35.000 --> 01:10:43.000]  But it was addressed to the correct address and he confirmed to us, yeah, that is the correct address, but it returned to him.
[01:10:43.000 --> 01:10:53.000]  So nobody knew why the post office returned that to them, but they had it in their file returned to them.
[01:10:53.000 --> 01:11:01.000]  So they knew full well that the client did not receive notice.
[01:11:01.000 --> 01:11:06.000]  At that point, they should have taken some action to toward alternative service.
[01:11:06.000 --> 01:11:20.000]  So if the Attorney General has their mailing returned to them and in the file, then that's proved positive that you didn't get notice and they knew you didn't get notice.
[01:11:20.000 --> 01:11:25.000]  But in the end, it doesn't matter whether they knew you didn't get notice or not.
[01:11:25.000 --> 01:11:33.000]  If you can show that they sent to the wrong address, how do you know what address they sent to?
[01:11:33.000 --> 01:11:35.000]  Where did you get that information?
[01:11:35.000 --> 01:11:44.000]  Off of the return citation that the constable returned and it's not the one that has the two addresses on it.
[01:11:44.000 --> 01:11:45.000]  Perfect.
[01:11:45.000 --> 01:11:46.000]  Okay.
[01:11:46.000 --> 01:11:49.000]  So you have hard evidence that they went to the wrong address.
[01:11:49.000 --> 01:11:51.000]  That should be simple enough.
[01:11:51.000 --> 01:12:02.000]  You move in the original court that where the judgment was brought, you file a challenge to subject management jurisdiction.
[01:12:02.000 --> 01:12:11.000]  And now you file that because the challenge to subject management jurisdiction may be filed no matter how remote in history.
[01:12:11.000 --> 01:12:23.000]  So you file lack of notice and this is a primary reason for no matter how remote in history is you didn't get notice.
[01:12:23.000 --> 01:12:27.000]  When you got notice, you took action to reverse.
[01:12:27.000 --> 01:12:36.000]  So file that in the original court and almost certainly this court will grant it out of hand.
[01:12:36.000 --> 01:12:37.000]  Okay.
[01:12:37.000 --> 01:12:46.000]  Because I even included in my bill of review because I spoke to you about it and I spoke to a paralegal about how it should be done.
[01:12:46.000 --> 01:12:58.000]  And I included in there, cited the Supreme Court where they said lack of notice, lack of notice, a proper service.
[01:12:58.000 --> 01:12:59.000]  Okay.
[01:12:59.000 --> 01:13:00.000]  Well, wait a minute.
[01:13:00.000 --> 01:13:02.000]  A bill of review is not a motion.
[01:13:02.000 --> 01:13:09.000]  So that won't get anything done and certainly did not need you to do argument to them.
[01:13:09.000 --> 01:13:12.000]  This is what pro says to.
[01:13:12.000 --> 01:13:17.000]  The bill of review, you're asking them to state their position.
[01:13:17.000 --> 01:13:19.000]  Just ask them to state your position.
[01:13:19.000 --> 01:13:23.000]  If they don't fully state it, then you can kick them for that later.
[01:13:23.000 --> 01:13:31.000]  But here and what they should have been included in an answer that they didn't never give.
[01:13:31.000 --> 01:13:43.000]  Here, if they did not move to dismiss the action, then you should bar grieve them for that.
[01:13:43.000 --> 01:13:52.000]  Once they have knowledge, you bar grieve the individual attorney, any attorney who touched this tar baby should get a bar grieve us.
[01:13:52.000 --> 01:13:53.000]  Okay.
[01:13:53.000 --> 01:14:02.000]  Because once they knew it lacked proper service, they had a duty to correct it.
[01:14:02.000 --> 01:14:04.000]  And when they didn't, they should get a bar grievance.
[01:14:04.000 --> 01:14:20.000]  These lawyers go to work for the attorney general because generally while they were in law school, they were a poster boy from one of the beer companies and did not graduate at the top of their class or anywhere near.
[01:14:20.000 --> 01:14:24.000]  And they're not exactly the sharpest knife in the drawer.
[01:14:24.000 --> 01:14:27.000]  So they go to work here because no law firm will pick them up.
[01:14:27.000 --> 01:14:30.000]  They don't have no sense to operate their own business.
[01:14:30.000 --> 01:14:37.000]  Eventually, we're going to get a new attorney general and he's likely to fire half of these people.
[01:14:37.000 --> 01:14:41.000]  Or because they're incominent, they'll eventually get tossed out.
[01:14:41.000 --> 01:14:46.000]  And then they have to go and become a lawyer in their own right.
[01:14:46.000 --> 01:14:55.000]  These bar grievances will haunt them when they try to get malpractice insurance and it will haunt them big time.
[01:14:55.000 --> 01:14:59.000]  So I do file a motion to dismiss.
[01:14:59.000 --> 01:15:00.000]  Yes, you need to file.
[01:15:00.000 --> 01:15:15.000]  No, you need to file a challenge to subject matter jurisdiction of the court and claim that the court lacks jurisdiction because the actor failed to perform proper notice.
[01:15:15.000 --> 01:15:22.000]  And therefore was unable to invoke the subject matter jurisdiction of the court.
[01:15:22.000 --> 01:15:35.000]  And with no subject matter jurisdiction, the rulings of the court are not voidable, in which case you would have to ask the court to rule that they're void.
[01:15:35.000 --> 01:15:37.000]  They are void.
[01:15:37.000 --> 01:15:44.000]  Once the ruling of no subject matter jurisdiction is had, all of the rulings become void.
[01:15:44.000 --> 01:15:49.000]  So the attorney general would have to start this process all over again.
[01:15:49.000 --> 01:15:50.000]  Okay.
[01:15:50.000 --> 01:15:56.000]  And you said that's called a challenge to subject matter jurisdiction.
[01:15:56.000 --> 01:15:57.000]  Yes.
[01:15:57.000 --> 01:16:02.000]  That is a pleading and arms link to the court.
[01:16:02.000 --> 01:16:04.000]  There are three pleadings.
[01:16:04.000 --> 01:16:14.000]  There is a, Eddie, there's a challenge subject matter jurisdiction claim of double jeopardy.
[01:16:14.000 --> 01:16:17.000]  What's the other one, Eddie?
[01:16:17.000 --> 01:16:18.000]  A challenge.
[01:16:18.000 --> 01:16:22.000]  You said challenge jurisdiction claim of double jeopardy.
[01:16:22.000 --> 01:16:23.000]  Yes.
[01:16:23.000 --> 01:16:24.000]  And lack.
[01:16:24.000 --> 01:16:27.000]  Well, there's also lack of impersonal.
[01:16:27.000 --> 01:16:28.000]  No, no, no.
[01:16:28.000 --> 01:16:29.000]  That's not a pleading.
[01:16:29.000 --> 01:16:30.000]  That's that's a motion.
[01:16:30.000 --> 01:16:31.000]  There are three.
[01:16:31.000 --> 01:16:33.000]  They're defined as pleading.
[01:16:33.000 --> 01:16:35.000]  They're specifically defined as pleading.
[01:16:35.000 --> 01:16:37.000]  Everything else is a motion.
[01:16:37.000 --> 01:16:40.000]  But subject matter jurisdiction is the big one.
[01:16:40.000 --> 01:16:41.000]  Okay.
[01:16:41.000 --> 01:16:43.000]  We will pick this up on the other side.
[01:16:43.000 --> 01:16:48.000]  This is Randy Calderon-Stevenson and Craig, George in Texas, Edward Mass.
[01:16:48.000 --> 01:16:49.000]  I'll see you.
[01:16:49.000 --> 01:16:51.000]  We will get to you when we come back.
[01:16:51.000 --> 01:16:54.000]  This is Randy Calderon-Stevenson and Craig.
[01:16:54.000 --> 01:17:01.000]  We'll be right back.
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[01:19:45.000 --> 01:19:55.000]  Okay, we are back.
[01:19:55.000 --> 01:19:57.000]  Andy Kaufman, David Stevens, and Craig.
[01:19:57.000 --> 01:20:01.000]  Here's my radio, and we're talking to Chris in Texas.
[01:20:01.000 --> 01:20:06.000]  Okay, Chris, does that give you a plan of action?
[01:20:06.000 --> 01:20:12.000]  Yes, it does, because I held off on following a motion to dismiss to ask you this
[01:20:12.000 --> 01:20:20.000]  and clarify how long ago this happened and how this all came to be in 2012.
[01:20:20.000 --> 01:20:24.000]  Yes, if you had filed a motion to dismiss on the merits,
[01:20:24.000 --> 01:20:30.000]  the courts would claim that they lacked plenary jurisdiction
[01:20:30.000 --> 01:20:33.000]  and could not rule on your motion to dismiss.
[01:20:33.000 --> 01:20:39.000]  But if you filed a challenge to subject matter jurisdiction, they can't make that claim.
[01:20:39.000 --> 01:20:43.000]  All right, well, I won't hold you up anymore from the other callers.
[01:20:43.000 --> 01:20:45.000]  I know they've been stacking up.
[01:20:45.000 --> 01:20:48.000]  Alrighty, thank you for calling.
[01:20:48.000 --> 01:20:52.000]  Now we're going to go to George in Texas.
[01:20:52.000 --> 01:20:55.000]  George, Texas, yes, Texas.
[01:20:55.000 --> 01:20:57.000]  What do you have for us, George?
[01:20:57.000 --> 01:21:00.000]  Well, Randy, it's been a long time calling into your show.
[01:21:00.000 --> 01:21:02.000]  How are you?
[01:21:02.000 --> 01:21:04.000]  We are doing great.
[01:21:04.000 --> 01:21:06.000]  I don't care what everybody says.
[01:21:06.000 --> 01:21:10.000]  Good news. Well, the thing is, here's the issue.
[01:21:10.000 --> 01:21:13.000]  The landlord I have, I've been living here for over three years.
[01:21:13.000 --> 01:21:16.000]  I got a five-year lease with him.
[01:21:16.000 --> 01:21:18.000]  And here's the situation.
[01:21:18.000 --> 01:21:21.000]  On his property, he has a well.
[01:21:21.000 --> 01:21:26.000]  It puts water in all the housing units.
[01:21:26.000 --> 01:21:29.000]  I got a nice 1,500 square foot house.
[01:21:29.000 --> 01:21:34.000]  Well, he did something and he has done well.
[01:21:34.000 --> 01:21:36.000]  He's not connected to the city or the county.
[01:21:36.000 --> 01:21:40.000]  He put water beaters in the housing units.
[01:21:40.000 --> 01:21:45.000]  And he has been charging exorbitant amounts of water.
[01:21:45.000 --> 01:21:48.000]  Well, all the tenants, we took him to court.
[01:21:48.000 --> 01:21:51.000]  And this is what the court told the landlord.
[01:21:51.000 --> 01:21:54.000]  He told him, if we don't pull out them water beaters,
[01:21:54.000 --> 01:21:58.000]  he's going to have to pay back all the rent from the lease
[01:21:58.000 --> 01:22:02.000]  because he violated it.
[01:22:02.000 --> 01:22:05.000]  Okay.
[01:22:05.000 --> 01:22:09.000]  Well, because usually, I heard when Kenneth breaks the lease
[01:22:09.000 --> 01:22:11.000]  and doesn't get landlord notice,
[01:22:11.000 --> 01:22:13.000]  the landlord could take him to court
[01:22:13.000 --> 01:22:16.000]  and sue him for the remaining amount on the lease.
[01:22:16.000 --> 01:22:18.000]  And the judge just more like said,
[01:22:18.000 --> 01:22:21.000]  if you don't pull out them water meeters
[01:22:21.000 --> 01:22:25.000]  and give back the tenants money on the water charges,
[01:22:25.000 --> 01:22:29.000]  that he's going to make him pay back all the rent
[01:22:29.000 --> 01:22:33.000]  that the tenants paid because he violated that lease.
[01:22:33.000 --> 01:22:34.000]  Okay.
[01:22:34.000 --> 01:22:38.000]  I think, I just talked to a friend of mine there
[01:22:38.000 --> 01:22:40.000]  in Austin, Randy Raylor.
[01:22:40.000 --> 01:22:43.000]  He is a real estate agent.
[01:22:43.000 --> 01:22:48.000]  And because I had someone else who was going to sell a property
[01:22:48.000 --> 01:22:52.000]  on a lease purchase arrangement.
[01:22:52.000 --> 01:22:55.000]  And he warned him against that.
[01:22:55.000 --> 01:22:59.000]  Because under the lease,
[01:22:59.000 --> 01:23:04.000]  if the person attempting to purchase it
[01:23:04.000 --> 01:23:06.000]  had a problem with the lease,
[01:23:06.000 --> 01:23:12.000]  that he could wind up having to pay everything back.
[01:23:12.000 --> 01:23:15.000]  If he asked for a down payment, he'd get the down payment
[01:23:15.000 --> 01:23:18.000]  and all of the lease money the person has paid
[01:23:18.000 --> 01:23:21.000]  over the life of the lease.
[01:23:21.000 --> 01:23:26.000]  So there are some new regulations down that go to that issue.
[01:23:26.000 --> 01:23:29.000]  So did you have a question about that?
[01:23:29.000 --> 01:23:32.000]  That sounds like a good deal on your part.
[01:23:32.000 --> 01:23:34.000]  Well, this is what he's doing.
[01:23:34.000 --> 01:23:36.000]  He's trying to appeal a saying,
[01:23:36.000 --> 01:23:39.000]  the water payments which are not on the part of the lease,
[01:23:39.000 --> 01:23:41.000]  not part of the charges.
[01:23:41.000 --> 01:23:44.000]  He said it was all a verbal agreement.
[01:23:44.000 --> 01:23:46.000]  And the judge actually said,
[01:23:46.000 --> 01:23:49.000]  verbal agreements don't work in landlord-tenant relations.
[01:23:49.000 --> 01:23:52.000]  It has to be stipulated in the lease.
[01:23:52.000 --> 01:23:54.000]  It has to be in the contract.
[01:23:54.000 --> 01:23:58.000]  I think it's going to be in the contract itself.
[01:23:58.000 --> 01:24:01.000]  I know in every one of these deeds of trust,
[01:24:01.000 --> 01:24:03.000]  there is a stipulation in that
[01:24:03.000 --> 01:24:06.000]  that there are no verbal agreements.
[01:24:06.000 --> 01:24:12.000]  So he's almost certainly going to lose this issue.
[01:24:12.000 --> 01:24:17.000]  Did the court assess the penalty as well,
[01:24:17.000 --> 01:24:20.000]  because he's using your money?
[01:24:20.000 --> 01:24:22.000]  Well, yes.
[01:24:22.000 --> 01:24:24.000]  Yes, he is.
[01:24:24.000 --> 01:24:28.000]  Actually, the state is coming in over the issue of the water meters
[01:24:28.000 --> 01:24:30.000]  because he bought them like secondhand.
[01:24:30.000 --> 01:24:33.000]  And actually, to buy a water meter,
[01:24:33.000 --> 01:24:36.000]  you've got to get a permit and a license
[01:24:36.000 --> 01:24:38.000]  from the Texas Utility Commission
[01:24:38.000 --> 01:24:43.000]  and the Texas Commission on Environmental Quality.
[01:24:43.000 --> 01:24:47.000]  He had to get a license and a permit from both of those agencies.
[01:24:47.000 --> 01:24:50.000]  And I take it he didn't do that?
[01:24:50.000 --> 01:24:53.000]  And also, too, it's more like the reason why I took him to court.
[01:24:53.000 --> 01:24:56.000]  It's like, Randy, I could afford to pay the water bills,
[01:24:56.000 --> 01:24:57.000]  but you know, the thing is,
[01:24:57.000 --> 01:25:00.000]  there's a lot of single mothers on this where I live.
[01:25:00.000 --> 01:25:01.000]  They couldn't afford to pay him.
[01:25:01.000 --> 01:25:03.000]  They had nice young kids.
[01:25:03.000 --> 01:25:08.000]  And he was charging like $110 water bills a month.
[01:25:08.000 --> 01:25:14.000]  And I don't really think anybody pays that much in the city of Austin.
[01:25:14.000 --> 01:25:16.000]  Well, they pay more,
[01:25:16.000 --> 01:25:21.000]  but they're also paying for garbage pickup
[01:25:21.000 --> 01:25:23.000]  and other things included in the water.
[01:25:23.000 --> 01:25:26.000]  So they're not paying strictly for the water.
[01:25:26.000 --> 01:25:28.000]  So which stuff like that?
[01:25:28.000 --> 01:25:32.000]  I'm in a small town and we produce our own water,
[01:25:32.000 --> 01:25:34.000]  but there were problems with it.
[01:25:34.000 --> 01:25:36.000]  So now they're piping in water from somewhere else.
[01:25:36.000 --> 01:25:38.000]  So the prices went up and heck,
[01:25:38.000 --> 01:25:42.000]  we're having to pay like $35, $40 a month.
[01:25:42.000 --> 01:25:47.000]  Well, that's my point.
[01:25:47.000 --> 01:25:49.000]  That is a pluribid.
[01:25:49.000 --> 01:25:52.000]  Well, yeah, another case that I won like three months ago,
[01:25:52.000 --> 01:25:54.000]  listening to the angry Craig,
[01:25:54.000 --> 01:25:58.000]  I went out and picking up aluminum cans for my son.
[01:25:58.000 --> 01:26:01.000]  And we had the aluminum cans in the backseat.
[01:26:01.000 --> 01:26:03.000]  There was a bunch of beer cans in there with it.
[01:26:03.000 --> 01:26:10.000]  We went and threw these towns of an overzealous police department.
[01:26:10.000 --> 01:26:13.000]  And they cited me for open container,
[01:26:13.000 --> 01:26:16.000]  even though beer cans were in the trash bag in the backseat.
[01:26:16.000 --> 01:26:18.000]  There were clear trash bags.
[01:26:18.000 --> 01:26:25.000]  Well, I went to court and I had another friend who was drinking of age
[01:26:25.000 --> 01:26:29.000]  and all that stuff and he cited him for open container too.
[01:26:29.000 --> 01:26:33.000]  And when we went to court, it didn't fly
[01:26:33.000 --> 01:26:38.000]  because basically a passenger in Texas lost somebody who hires somebody
[01:26:38.000 --> 01:26:41.000]  to take a person from point A to point B.
[01:26:41.000 --> 01:26:45.000]  That's the definition of a passenger in Texas, isn't it?
[01:26:45.000 --> 01:26:48.000]  That's the definition of a passenger anywhere.
[01:26:48.000 --> 01:26:49.000]  What's that?
[01:26:49.000 --> 01:26:52.000]  That's the definition of a passenger anywhere.
[01:26:52.000 --> 01:26:53.000]  Yeah.
[01:26:53.000 --> 01:26:57.000]  Well, we won the case and the police officer got fired
[01:26:57.000 --> 01:27:00.000]  because he gave us an open container violation
[01:27:00.000 --> 01:27:04.000]  on aluminum cans in a trash bag.
[01:27:04.000 --> 01:27:10.000]  So did you file suit against the municipality?
[01:27:10.000 --> 01:27:13.000]  No, I just wanted to...
[01:27:13.000 --> 01:27:17.000]  You should put together a tort letter
[01:27:17.000 --> 01:27:22.000]  alleging that you were subjected to harm for this malicious prosecution.
[01:27:22.000 --> 01:27:26.000]  If they fired the officer as a result of this,
[01:27:26.000 --> 01:27:31.000]  you have precedent and you do a tort letter
[01:27:31.000 --> 01:27:34.000]  and say, you've been harmed, make me hold and be sued.
[01:27:34.000 --> 01:27:39.000]  And most likely they'll come to you and say, let's make it the yoke.
[01:27:39.000 --> 01:27:46.000]  Especially if you gave them a good argument and a strong fight at the trial level.
[01:27:46.000 --> 01:27:49.000]  Well, here's the thing, too.
[01:27:49.000 --> 01:27:51.000]  It's more like we weren't even drinking.
[01:27:51.000 --> 01:27:53.000]  I knew a friend who was a DPS officer.
[01:27:53.000 --> 01:27:58.000]  He signed an affidavit saying, we had no alcohol in our system either.
[01:27:58.000 --> 01:27:59.000]  This is like an hour and a half.
[01:27:59.000 --> 01:28:01.000]  We got the ticket written up.
[01:28:01.000 --> 01:28:02.000]  Okay, good.
[01:28:02.000 --> 01:28:08.000]  You weren't charged with drinking, so that won't become an issue.
[01:28:08.000 --> 01:28:12.000]  It will in a civil action that might become an issue,
[01:28:12.000 --> 01:28:20.000]  but it shouldn't because you weren't charged with public intoxication or DUI.
[01:28:20.000 --> 01:28:25.000]  The thing is, I hear from certain patriots,
[01:28:25.000 --> 01:28:30.000]  if I'm not a passenger, I can drink in your car.
[01:28:30.000 --> 01:28:37.000]  Even like I had this thing, Randy, it's not a battle I'm willing to fight.
[01:28:37.000 --> 01:28:38.000]  Right.
[01:28:38.000 --> 01:28:39.000]  Exactly.
[01:28:39.000 --> 01:28:45.000]  Just because you think you might be able to beat it, I agree.
[01:28:45.000 --> 01:28:47.000]  Pick your battles real careful.
[01:28:47.000 --> 01:28:51.000]  Personally, I don't allow people to drink in my car, period.
[01:28:51.000 --> 01:28:55.000]  It's just like someone being intoxicated in my house with a beer.
[01:28:55.000 --> 01:28:56.000]  Yeah.
[01:28:56.000 --> 01:28:58.000]  I don't mind people drinking in my house.
[01:28:58.000 --> 01:29:06.000]  I drink very little, and I'm not tolerant with people who abuse alcohol,
[01:29:06.000 --> 01:29:12.000]  and I especially have no tolerance for people who drink and drive.
[01:29:12.000 --> 01:29:16.000]  We have people calling in arguing that they shouldn't be penalized,
[01:29:16.000 --> 01:29:21.000]  and we have to agree that the law is what it is,
[01:29:21.000 --> 01:29:27.000]  and it should be enforced according to law.
[01:29:27.000 --> 01:29:31.000]  But that don't mean I agree with it.
[01:29:31.000 --> 01:29:37.000]  For me, it's more like, it's not a fight I'm willing to battle.
[01:29:37.000 --> 01:29:38.000]  Okay, hold on.
[01:29:38.000 --> 01:29:39.000]  Do you have a question for us?
[01:29:39.000 --> 01:29:41.000]  Do we need to hold you over?
[01:29:41.000 --> 01:29:43.000]  I'll just let you move on to other callers.
[01:29:43.000 --> 01:29:44.000]  Okay, thank you.
[01:29:44.000 --> 01:29:47.000]  This is Randy Kelton, David Stevens, Eddie Craig,
[01:29:47.000 --> 01:29:48.000]  Wheel of Law Radio.
[01:29:48.000 --> 01:29:51.000]  We're going to break our call-in number.
[01:29:51.000 --> 01:29:54.000]  It's 512-646-1984.
[01:29:54.000 --> 01:30:00.000]  We'll be right back on the other side.
[01:30:00.000 --> 01:30:04.000]  A noble lie, Oklahoma City, 1995 will change forever
[01:30:04.000 --> 01:30:07.000]  the way you look at the true nature of terrorism.
[01:30:07.000 --> 01:30:09.000]  Based on the damage pattern to the building,
[01:30:09.000 --> 01:30:11.000]  put the government's ends impossible.
[01:30:11.000 --> 01:30:14.000]  The country did not want to hear anything I had to say.
[01:30:14.000 --> 01:30:18.000]  The decision was made not to pursue any more of those individuals.
[01:30:18.000 --> 01:30:22.000]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.000 --> 01:30:25.000]  The people that did the things they did knew doggone well
[01:30:25.000 --> 01:30:26.000]  what they were doing.
[01:30:26.000 --> 01:30:31.000]  Exposed to cover up now at thenoblelife.com.
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[01:30:34.000 --> 01:30:37.000]  of law seminar hosted by our own Eddie Craig.
[01:30:37.000 --> 01:30:39.000]  Eddie is a former Nacogdoches sheriff's deputy,
[01:30:39.000 --> 01:30:42.000]  and for the past 21 years he's been studying the due process of law
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[01:30:51.000 --> 01:30:54.000]  Admission is $20, so please make plans to come by and sit with Eddie
[01:30:54.000 --> 01:31:00.000]  and learn for yourself what the true intent of law really is.
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[01:32:28.000 --> 01:32:33.000]  Look, and we are back.
[01:32:33.000 --> 01:32:37.000]  Randy Kelton, Deborah Stevens, Eddie Craig with another video.
[01:32:37.000 --> 01:32:42.000]  And we're going to go to Edward in Massachusetts
[01:32:42.000 --> 01:32:47.000]  with no tea in the middle.
[01:32:47.000 --> 01:32:51.000]  I just can't bring myself to put the tea in there.
[01:32:51.000 --> 01:32:57.000]  I've tried to. I just can't do it.
[01:32:57.000 --> 01:33:00.000]  Okay.
[01:33:00.000 --> 01:33:03.000]  What do you have for us today?
[01:33:03.000 --> 01:33:07.000]  Hey, Randy. We talked a couple of nights ago.
[01:33:07.000 --> 01:33:09.000]  Yes.
[01:33:09.000 --> 01:33:11.000]  Yes.
[01:33:11.000 --> 01:33:15.000]  Got the service done on the complaint today.
[01:33:15.000 --> 01:33:17.000]  Okay, back up.
[01:33:17.000 --> 01:33:23.000]  And for those who aren't familiar, give us a real brief on where you're at.
[01:33:23.000 --> 01:33:28.000]  I'm one of the remedies and real estate clients.
[01:33:28.000 --> 01:33:34.000]  And I've used your lawsuit to go after the bank.
[01:33:34.000 --> 01:33:37.000]  So we got the complaint filed last Friday
[01:33:37.000 --> 01:33:40.000]  and we get the summons served today.
[01:33:40.000 --> 01:33:44.000]  You know, the bank got a copy of it.
[01:33:44.000 --> 01:33:47.000]  Thanks, attorney, actually.
[01:33:47.000 --> 01:33:51.000]  So in this case you sued the bank's attorney, right?
[01:33:51.000 --> 01:33:52.000]  That's right.
[01:33:52.000 --> 01:33:54.000]  Good. Good.
[01:33:54.000 --> 01:33:59.000]  You ought to be having apoplexy about now.
[01:33:59.000 --> 01:34:04.000]  At least we hope so.
[01:34:04.000 --> 01:34:15.000]  The strategy here is these foreclosure meals know that they've been filing foreclosures
[01:34:15.000 --> 01:34:22.000]  and while they may feel that the foreclosure is legally proper,
[01:34:22.000 --> 01:34:27.000]  they know they don't have the documentation to prove it.
[01:34:27.000 --> 01:34:31.000]  And they have filed a whole lot of them.
[01:34:31.000 --> 01:34:37.000]  But now they're beginning to get a more and more pressure, more blowback.
[01:34:37.000 --> 01:34:44.000]  And the real problem is, is all of this documentation that they've generated,
[01:34:44.000 --> 01:34:49.000]  all of the notaries that they have generated improperly,
[01:34:49.000 --> 01:34:55.000]  have been filed in the court record and they are permanent.
[01:34:55.000 --> 01:35:01.000]  The law firm can't go get those out of the court record and fix them.
[01:35:01.000 --> 01:35:06.000]  Because once it's filed, it's a done deal.
[01:35:06.000 --> 01:35:16.000]  So now they're hoping to get them to be concerned that these dirty rotten scoundrel
[01:35:16.000 --> 01:35:21.000]  prosage are going to start digging up those false documents
[01:35:21.000 --> 01:35:26.000]  and taking them to local district attorneys and maybe get these guys prosecuted.
[01:35:26.000 --> 01:35:31.000]  That's why we sued them personally.
[01:35:31.000 --> 01:35:39.000]  So if they are attempts, then will they should be?
[01:35:39.000 --> 01:35:45.000]  So did you have a specific question or comment for us on that issue?
[01:35:45.000 --> 01:35:49.000]  No, I just enjoyed what you had to say to Larry a couple of callers ago.
[01:35:49.000 --> 01:35:51.000]  That was pretty bombshell.
[01:35:51.000 --> 01:35:56.000]  That was laid out in a really simple matter that most people could understand.
[01:35:56.000 --> 01:35:59.000]  And everything you said was true.
[01:35:59.000 --> 01:36:01.000]  Yeah, I didn't really have a question.
[01:36:01.000 --> 01:36:03.000]  I just wanted to give you like a little update.
[01:36:03.000 --> 01:36:14.000]  And plus today I got the additional motion files and served, you know, like the...
[01:36:14.000 --> 01:36:22.000]  Tim, were you within 15 days of a foreclosure action?
[01:36:22.000 --> 01:36:24.000]  I would have been on Monday.
[01:36:24.000 --> 01:36:26.000]  That's why we posted that.
[01:36:26.000 --> 01:36:29.000]  We're just outside that.
[01:36:29.000 --> 01:36:36.000]  On a motion for preliminary injunction where you're asking for injunctive relief,
[01:36:36.000 --> 01:36:39.000]  you're asking the judge to issue some type of order.
[01:36:39.000 --> 01:36:46.000]  And in this case, we're asking him to issue an order that essentially is an order in abatement
[01:36:46.000 --> 01:36:58.000]  in order to abate any further proceedings in the matter by the lender until this issue is adjudicated.
[01:36:58.000 --> 01:37:06.000]  If you must be able to give the other party at least 15 days notice.
[01:37:06.000 --> 01:37:15.000]  If you can't give them 15 days notice, then you have to file a petition for temporary restraining order.
[01:37:15.000 --> 01:37:25.000]  To restrain them just long enough to give the 15 days notice for a show cause hearing
[01:37:25.000 --> 01:37:31.000]  so that you can show why you should get the restraining order and they can show cause as to why they shouldn't
[01:37:31.000 --> 01:37:33.000]  and the judge make a determination on it.
[01:37:33.000 --> 01:37:42.000]  Now, almost always the courts, because you are pro se, are going to rule against you out of hand at every turn.
[01:37:42.000 --> 01:37:50.000]  Almost always rule against the restraining order, but that has generally not been a primary issue
[01:37:50.000 --> 01:37:59.000]  because once you've sued them, they're looking at the prospect, however remote it may be,
[01:37:59.000 --> 01:38:02.000]  that they will lose in the end.
[01:38:02.000 --> 01:38:09.000]  And if that happens and they have evicted you from the property,
[01:38:09.000 --> 01:38:14.000]  the property is going to sit empty, it's going to deteriorate, they can't insure it.
[01:38:14.000 --> 01:38:18.000]  If something happens to the property, they're responsible for it.
[01:38:18.000 --> 01:38:28.000]  And they're responsible for all the harm that accrues to you because of the eviction.
[01:38:28.000 --> 01:38:41.000]  And we have some folks in Massachusetts that have went to divorce proceedings because of this.
[01:38:41.000 --> 01:38:49.000]  So if we get their action thrown out, which we absolutely should,
[01:38:49.000 --> 01:39:04.000]  because this is one where the jurorate shows that the notary notarized the document a day before it was signed.
[01:39:04.000 --> 01:39:07.000]  That's a pretty clear problem with the document.
[01:39:07.000 --> 01:39:15.000]  So if we go to the land court and ask the land court to rule this document is insufficient on its face
[01:39:15.000 --> 01:39:20.000]  and the land court agrees that this document is insufficient on its face,
[01:39:20.000 --> 01:39:26.000]  then the assignment to the foreclosing agent is for it.
[01:39:26.000 --> 01:39:30.000]  That means that the foreclosure was for it.
[01:39:30.000 --> 01:39:35.000]  And if they have subsequently sold to a third party,
[01:39:35.000 --> 01:39:44.000]  then we will sue the third party in an eviction hearing for unlawful detainer.
[01:39:44.000 --> 01:39:50.000]  And the third party is going to get real excited when we sue them for eviction
[01:39:50.000 --> 01:39:55.000]  when they think they have purchased property in good faith.
[01:39:55.000 --> 01:40:07.000]  And we're going to maintain that the documents on which we based our issues had been filed in the public record.
[01:40:07.000 --> 01:40:16.000]  And the purchaser of the property had imputed knowledge of these documents and of their invalidity
[01:40:16.000 --> 01:40:20.000]  because they were public and open for everyone.
[01:40:20.000 --> 01:40:25.000]  Well, the purchaser is going to be real unhappy with the bank.
[01:40:25.000 --> 01:40:30.000]  So now the bank is going to have two people sue in them.
[01:40:30.000 --> 01:40:33.000]  So they'll get real excited about this.
[01:40:33.000 --> 01:40:37.000]  They'll find the plan that we're working on.
[01:40:37.000 --> 01:40:42.000]  Does it sound like fun? Ed or what?
[01:40:42.000 --> 01:40:47.000]  It always sounds like fun.
[01:40:47.000 --> 01:40:50.000]  Well, actually, I was talking to Edward in Massachusetts.
[01:40:50.000 --> 01:40:52.000]  Yeah, but I'm joining in.
[01:40:52.000 --> 01:40:55.000]  Oh, okay. You have my permission.
[01:40:55.000 --> 01:41:03.000]  So the whole purpose of what we want to do is steady the ratchet up the pressure on them.
[01:41:03.000 --> 01:41:07.000]  We can expect the courts to rule against us.
[01:41:07.000 --> 01:41:12.000]  And each time they do, like with the FDCPA suit,
[01:41:12.000 --> 01:41:23.000]  we expect the judge to eventually rule that this agent has agency to represent a principal with standing in capacity.
[01:41:23.000 --> 01:41:28.000]  And when they do that, we're going to come back with the other elephant in the corner.
[01:41:28.000 --> 01:41:31.000]  We have two major elephants in the corner.
[01:41:31.000 --> 01:41:35.000]  The first one is agency standing in capacity.
[01:41:35.000 --> 01:41:41.000]  The judge will rule in their favor and we'll appeal that issue.
[01:41:41.000 --> 01:41:49.000]  But at the same time, once we get that adjudication, now we're free to file an amended petition,
[01:41:49.000 --> 01:41:54.000]  which will include the original issues, so we preserve them for appeal,
[01:41:54.000 --> 01:42:02.000]  but will also include a claim of the filing of fraudulent fees at closing,
[01:42:02.000 --> 01:42:10.000]  of theft by fraud by the actors that resulted in a civil tort.
[01:42:10.000 --> 01:42:14.000]  That's going to get them excited.
[01:42:14.000 --> 01:42:22.000]  And we have done with nearly 500 suits with this particular argument in the suit.
[01:42:22.000 --> 01:42:28.000]  And we claim that all the fees they charged at closing were fraudulent.
[01:42:28.000 --> 01:42:34.000]  Now, we know they're all not, but this goes not stipulating to anything
[01:42:34.000 --> 01:42:45.000]  because when you went to closing and you looked at the HUD 1 settlement statement that had all these fees on it,
[01:42:45.000 --> 01:42:51.000]  I guarantee you, because this is from over 600 cases we've looked at,
[01:42:51.000 --> 01:43:00.000]  that the lender failed to provide documentation to show that those fees were not otherwise excluded from being charged by law,
[01:43:00.000 --> 01:43:05.000]  that the fees were for services actually performed,
[01:43:05.000 --> 01:43:18.000]  that the fees were paid to a bona fide vendor and not to a company owned by one of your fiduciaries,
[01:43:18.000 --> 01:43:25.000]  that the services paid built for were necessary, that the amounts charged were reasonable,
[01:43:25.000 --> 01:43:29.000]  and that the lender did not take an undisclosed markup on the amounts charged.
[01:43:29.000 --> 01:43:37.000]  Now, these all go to issues that are in with the General Procedures Act.
[01:43:37.000 --> 01:43:47.000]  Now, over break, try to guess how many lenders proved up the fees in there that were not false,
[01:43:47.000 --> 01:43:50.000]  and the ones that were absolutely provable.
[01:43:50.000 --> 01:43:52.000]  And the answer is really simple.
[01:43:52.000 --> 01:44:00.000]  This is Randy Kelk, David Craig with our radio, calling number 502-646-1984.
[01:44:00.000 --> 01:44:06.000]  It is so enlightening to listen to 90.1 FM, but finding things on the Internet isn't so easy,
[01:44:06.000 --> 01:44:09.000]  and neither is finding like-minded people to share it with.
[01:44:09.000 --> 01:44:12.000]  Oh, well, I guess you haven't heard of Brave New Books then.
[01:44:12.000 --> 01:44:13.000]  Brave New Books?
[01:44:13.000 --> 01:44:14.000]  Yes.
[01:44:14.000 --> 01:44:19.000]  Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul,
[01:44:19.000 --> 01:44:24.000]  and G. Edward Griffin. They even stock inner food, Berkey products, and Calvin Soaps.
[01:44:24.000 --> 01:44:27.000]  There's no way a place like that exists.
[01:44:27.000 --> 01:44:32.000]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:32.000 --> 01:44:36.000]  Oh, by UT, there's never anywhere to park down there.
[01:44:36.000 --> 01:44:42.000]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility
[01:44:42.000 --> 01:44:44.000]  just behind the bookstore.
[01:44:44.000 --> 01:44:47.000]  It does exist, but when are they open?
[01:44:47.000 --> 01:44:52.000]  Monday through Saturday, 11 a.m. to 9 p.m., and 1-6 p.m. on Sundays.
[01:44:52.000 --> 01:45:19.000]  Just give them a call at 512-480-2503, or check out their events page at bravenewbookstore.com.
[01:45:23.000 --> 01:45:28.000]  Thousands have won with our step-by-step course, and now you can too.
[01:45:28.000 --> 01:45:34.000]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[01:45:34.000 --> 01:45:40.000]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles
[01:45:40.000 --> 01:45:43.000]  and practices that control our American courts.
[01:45:43.000 --> 01:45:52.000]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
[01:45:52.000 --> 01:45:56.000]  Please visit ruleoflawradio.com and click on the banner.
[01:45:56.000 --> 01:46:25.000]  Or call toll-free 866-LAW-EZ.
[01:46:26.000 --> 01:46:28.000]  Okay, we are back.
[01:46:28.000 --> 01:46:33.000]  During the 12th, 15th and 13th grade, my radio is talking to Edward as Massachusetts.
[01:46:33.000 --> 01:46:36.000]  Ed, do you have anything else for us?
[01:46:36.000 --> 01:46:39.000]  Can I answer any questions?
[01:46:39.000 --> 01:46:42.000]  Do you raise more questions than I answered?
[01:46:42.000 --> 01:46:44.000]  I wanted to thank you for your help.
[01:46:44.000 --> 01:46:48.000]  Things are working out well, and I thought I'd give you a little update,
[01:46:48.000 --> 01:46:51.000]  but no, I'm done with all my questions and comments.
[01:46:51.000 --> 01:46:54.000]  Good, I'm glad things are working well.
[01:46:54.000 --> 01:46:57.000]  This is getting to be more fun.
[01:46:57.000 --> 01:47:00.000]  We're getting more sophisticated in what we're doing.
[01:47:00.000 --> 01:47:08.000]  And we'd expect the courts to rule against us out of hand at every turn.
[01:47:08.000 --> 01:47:14.000]  And I guess if there's anything that this show is about, it's about remedy,
[01:47:14.000 --> 01:47:20.000]  and that in the end, it doesn't matter what the other side does.
[01:47:20.000 --> 01:47:24.000]  There is always something we can do.
[01:47:24.000 --> 01:47:33.000]  And it behooves us to conduct ourselves as if the courts are always going to rule against us.
[01:47:33.000 --> 01:47:35.000]  They may not.
[01:47:35.000 --> 01:47:41.000]  We just got, in a New York case, the case completely thrown out
[01:47:41.000 --> 01:47:46.000]  because the other side was asked to produce an affidavit.
[01:47:46.000 --> 01:47:52.000]  And they looked at the pleadings the defendant had been filing,
[01:47:52.000 --> 01:47:58.000]  and I think they said, oops, we better be careful here.
[01:47:58.000 --> 01:48:01.000]  We try a song and dance with this character,
[01:48:01.000 --> 01:48:04.000]  and he's going to land on us like a ton of bricks.
[01:48:04.000 --> 01:48:07.000]  So they refused the judge for a year and a half,
[01:48:07.000 --> 01:48:12.000]  tried to get the other side to file the affidavit they never would.
[01:48:12.000 --> 01:48:15.000]  They threw the whole thing out.
[01:48:15.000 --> 01:48:19.000]  So sometimes we will get a ruling in our favor,
[01:48:19.000 --> 01:48:24.000]  but it behooves us to act as if we won't,
[01:48:24.000 --> 01:48:30.000]  expect the court to rule against us at every turn
[01:48:30.000 --> 01:48:35.000]  with full knowledge that there is always something else we can do,
[01:48:35.000 --> 01:48:40.000]  and have that something else already planned.
[01:48:40.000 --> 01:48:42.000]  Okay, thank you.
[01:48:42.000 --> 01:48:45.000]  Thank you, Edward Chesky.
[01:48:45.000 --> 01:48:48.000]  David, as David repeated, he taught me.
[01:48:48.000 --> 01:48:51.000]  You're not having fun, you're not doing something right.
[01:48:51.000 --> 01:48:53.000]  Exactly.
[01:48:53.000 --> 01:48:56.000]  And it is a lot more fun when you're the one going after them
[01:48:56.000 --> 01:48:59.000]  and they're having an answer to you.
[01:48:59.000 --> 01:49:02.000]  It changes the perspective.
[01:49:02.000 --> 01:49:04.000]  Okay, thank you, Edward.
[01:49:04.000 --> 01:49:09.000]  Now we're going to go to Lee in California.
[01:49:09.000 --> 01:49:11.000]  Lee.
[01:49:11.000 --> 01:49:13.000]  Can you hear me?
[01:49:13.000 --> 01:49:14.000]  No, I can hear.
[01:49:14.000 --> 01:49:16.000]  Word you're saying.
[01:49:16.000 --> 01:49:18.000]  All right, I lied.
[01:49:18.000 --> 01:49:20.000]  I always want to say that.
[01:49:20.000 --> 01:49:22.000]  Yeah, I can hear you fine.
[01:49:22.000 --> 01:49:24.000]  I understand you have a traffic question.
[01:49:24.000 --> 01:49:27.000]  Yes, I went into court today,
[01:49:27.000 --> 01:49:33.000]  and I went to the pleading to decide guilty or not guilty,
[01:49:33.000 --> 01:49:36.000]  and I didn't want to plead.
[01:49:36.000 --> 01:49:39.000]  I told them I want to make a motion to dismiss
[01:49:39.000 --> 01:49:41.000]  for a lack of jurisdiction.
[01:49:41.000 --> 01:49:45.000]  And she said, you've been denied,
[01:49:45.000 --> 01:49:47.000]  and she wanted to still answer,
[01:49:47.000 --> 01:49:49.000]  for me to answer to the charges.
[01:49:49.000 --> 01:49:52.000]  And I said, well, I can't answer to the charges
[01:49:52.000 --> 01:49:55.000]  if I haven't received a notice.
[01:49:55.000 --> 01:49:57.000]  And she said, well, the notice,
[01:49:57.000 --> 01:49:59.000]  the ticket that you got at the scene,
[01:49:59.000 --> 01:50:02.000]  it serves as a notice by constitutional law
[01:50:02.000 --> 01:50:04.000]  and so-and-so, she explained.
[01:50:04.000 --> 01:50:07.000]  And I said, well, it wasn't signed by a judge.
[01:50:07.000 --> 01:50:09.000]  And she said, it doesn't have to be.
[01:50:09.000 --> 01:50:11.000]  So what I'm going to do,
[01:50:11.000 --> 01:50:15.000]  I'm going to decide to put you in as,
[01:50:15.000 --> 01:50:17.000]  no, not guilty.
[01:50:17.000 --> 01:50:19.000]  You're pleading it's not guilty.
[01:50:19.000 --> 01:50:21.000]  And I said, object,
[01:50:21.000 --> 01:50:25.000]  because I haven't seen a notice,
[01:50:25.000 --> 01:50:28.000]  and she says, well, I'm going to do it anyways.
[01:50:28.000 --> 01:50:31.000]  And she decided to put me down as not guilty.
[01:50:31.000 --> 01:50:34.000]  That is standard procedure, that's it.
[01:50:34.000 --> 01:50:37.000]  Exactly what you could expect to happen.
[01:50:37.000 --> 01:50:40.000]  Okay.
[01:50:40.000 --> 01:50:42.000]  Where would I go from here now?
[01:50:42.000 --> 01:50:45.000]  Okay, well, the judge was right
[01:50:45.000 --> 01:50:49.000]  in that the notice did not have to be signed by a judge.
[01:50:49.000 --> 01:50:50.000]  Okay.
[01:50:50.000 --> 01:50:53.000]  So that was a little, oops,
[01:50:53.000 --> 01:50:57.000]  the notice needs to be signed by
[01:50:57.000 --> 01:50:59.000]  either the prosecution
[01:50:59.000 --> 01:51:02.000]  or whoever is requiring you to come to court.
[01:51:02.000 --> 01:51:05.000]  Eddie, you want to address this?
[01:51:05.000 --> 01:51:08.000]  The judge is an idiot.
[01:51:08.000 --> 01:51:10.000]  Beyond that.
[01:51:10.000 --> 01:51:11.000]  Okay.
[01:51:11.000 --> 01:51:17.000]  The problem is, is the citation is not a complaint.
[01:51:17.000 --> 01:51:21.000]  It's not sworn to by anyone in any capacity.
[01:51:21.000 --> 01:51:25.000]  It's not served to you in a manner that's required to be served
[01:51:25.000 --> 01:51:29.000]  of a proper complaint and notice by law, is it?
[01:51:29.000 --> 01:51:33.000]  The three, the three particular pieces of proper notice.
[01:51:33.000 --> 01:51:37.000]  It must be proper, meaning it is done in a way
[01:51:37.000 --> 01:51:40.000]  that complies with the provisions of law.
[01:51:40.000 --> 01:51:43.000]  Here in Texas, for instance, the three methods are
[01:51:43.000 --> 01:51:45.000]  hand delivery in open court,
[01:51:45.000 --> 01:51:47.000]  hand delivery by a process server,
[01:51:47.000 --> 01:51:50.000]  or certified mail return receipt requested.
[01:51:50.000 --> 01:51:52.000]  Okay.
[01:51:52.000 --> 01:51:54.000]  If none of those were done,
[01:51:54.000 --> 01:51:56.000]  and those are once required by the statute,
[01:51:56.000 --> 01:51:59.000]  then notice wasn't given.
[01:51:59.000 --> 01:52:02.000]  The other problem is, is it's not a sworn complaint.
[01:52:02.000 --> 01:52:05.000]  They can change the actual charge in a complaint
[01:52:05.000 --> 01:52:07.000]  from what's actually issued on the ticket,
[01:52:07.000 --> 01:52:09.000]  because 99 times out of 100,
[01:52:09.000 --> 01:52:15.000]  the officer does not know what the proper cited charge is.
[01:52:15.000 --> 01:52:17.000]  Some prosecutor usually writes that up
[01:52:17.000 --> 01:52:19.000]  and puts it into the complaint,
[01:52:19.000 --> 01:52:23.000]  and then has the officer come sign it.
[01:52:23.000 --> 01:52:28.000]  So, based upon how you're responding to this,
[01:52:28.000 --> 01:52:31.000]  I'm going to take a wild guess and say you didn't bother
[01:52:31.000 --> 01:52:33.000]  to read the procedures associated with court
[01:52:33.000 --> 01:52:35.000]  in relation to these types of cases, did you?
[01:52:35.000 --> 01:52:38.000]  Well, I kind of stumble on the things,
[01:52:38.000 --> 01:52:41.000]  because you get nervous when you go up and understand.
[01:52:41.000 --> 01:52:44.000]  You know, I'm speaking for a lot of people too behind you.
[01:52:44.000 --> 01:52:47.000]  Well, I understand that.
[01:52:47.000 --> 01:52:52.000]  I still do that.
[01:52:52.000 --> 01:52:56.000]  Well, the next thing you have to do is,
[01:52:56.000 --> 01:52:59.000]  I would file to recuse or disqualify the judge
[01:52:59.000 --> 01:53:01.000]  for not following law,
[01:53:01.000 --> 01:53:04.000]  depriving you of your right of notice.
[01:53:04.000 --> 01:53:07.000]  Now, there are lots of California cases
[01:53:07.000 --> 01:53:10.000]  that make it very clear that California
[01:53:10.000 --> 01:53:14.000]  is a commercial law state in relation to the licenses.
[01:53:14.000 --> 01:53:16.000]  If you haven't done the research on all that,
[01:53:16.000 --> 01:53:17.000]  you need to start.
[01:53:17.000 --> 01:53:21.000]  Go to YouTube and look up Rick in California.
[01:53:21.000 --> 01:53:24.000]  He goes by the handle tactical guy.
[01:53:24.000 --> 01:53:29.000]  He just spells tactical kind of oddly.
[01:53:29.000 --> 01:53:31.000]  But if you look at that...
[01:53:31.000 --> 01:53:35.000]  T-A-T-I-K-A-L.
[01:53:35.000 --> 01:53:38.000]  Okay.
[01:53:38.000 --> 01:53:40.000]  All right.
[01:53:40.000 --> 01:53:43.000]  You will find Rick is a lot of fun.
[01:53:43.000 --> 01:53:45.000]  Yeah, he's posted a whole lot.
[01:53:45.000 --> 01:53:50.000]  It's T-A-C-T-K-A-L.
[01:53:50.000 --> 01:53:53.000]  T-A-C-T-I-K-A-L is how he spelled it.
[01:53:53.000 --> 01:53:57.000]  It's tactical guy one.
[01:53:57.000 --> 01:53:59.000]  All right, so I can actually get the judge
[01:53:59.000 --> 01:54:01.000]  for not following the rules and depriving me my rights.
[01:54:01.000 --> 01:54:02.000]  Okay.
[01:54:02.000 --> 01:54:03.000]  Yeah.
[01:54:03.000 --> 01:54:05.000]  The judge cannot deny you of your right of due process,
[01:54:05.000 --> 01:54:07.000]  no matter what she wants to think.
[01:54:07.000 --> 01:54:13.000]  Plus, the fact is, is this a judge or is this a commissioner?
[01:54:13.000 --> 01:54:14.000]  Hmm.
[01:54:14.000 --> 01:54:15.000]  Okay, I need to check that.
[01:54:15.000 --> 01:54:16.000]  Yeah.
[01:54:16.000 --> 01:54:18.000]  The first thing you need to do is say,
[01:54:18.000 --> 01:54:21.000]  reject and do not agree or consent to any non-judicial
[01:54:21.000 --> 01:54:23.000]  decision making.
[01:54:23.000 --> 01:54:26.000]  That will kick the commissioners out of it.
[01:54:26.000 --> 01:54:29.000]  A commissioner is not a judge.
[01:54:29.000 --> 01:54:32.000]  Okay.
[01:54:32.000 --> 01:54:35.000]  So when I do head up to the court,
[01:54:35.000 --> 01:54:38.000]  the court date that I have coming up,
[01:54:38.000 --> 01:54:42.000]  I just basically need to object on the words like vehicles
[01:54:42.000 --> 01:54:44.000]  and things like that, correct?
[01:54:44.000 --> 01:54:47.000]  And ask them for a bill of landing, if I'm correct.
[01:54:47.000 --> 01:54:50.000]  Do they ask me for all those things?
[01:54:50.000 --> 01:54:52.000]  Not exactly.
[01:54:52.000 --> 01:54:54.000]  You have to object to all the commercial terms.
[01:54:54.000 --> 01:54:55.000]  Yes.
[01:54:55.000 --> 01:54:57.000]  But the question is, is what have you done already
[01:54:57.000 --> 01:55:01.000]  that may make that worthless?
[01:55:01.000 --> 01:55:05.000]  Well, did you produce a license at the time?
[01:55:05.000 --> 01:55:08.000]  I forced to believe it because I had asked them
[01:55:08.000 --> 01:55:12.000]  like how you said to, as if I was under arrest.
[01:55:12.000 --> 01:55:15.000]  And I gave it to him on the record saying,
[01:55:15.000 --> 01:55:17.000]  if I didn't show it to him, I will go to jail.
[01:55:17.000 --> 01:55:19.000]  So I showed it to him.
[01:55:19.000 --> 01:55:21.000]  Did you clarify that you were not engaging in
[01:55:21.000 --> 01:55:23.000]  transportation or commerce at the time?
[01:55:23.000 --> 01:55:24.000]  Correct.
[01:55:24.000 --> 01:55:26.000]  Okay.
[01:55:26.000 --> 01:55:27.000]  All right.
[01:55:27.000 --> 01:55:29.000]  As long as you've reserved that,
[01:55:29.000 --> 01:55:32.000]  then you're going to continue to object to all of those terms.
[01:55:32.000 --> 01:55:34.000]  And you know what the terms are, correct?
[01:55:34.000 --> 01:55:36.000]  I have a list down.
[01:55:36.000 --> 01:55:37.000]  Okay.
[01:55:37.000 --> 01:55:38.000]  I did.
[01:55:38.000 --> 01:55:39.000]  All right.
[01:55:39.000 --> 01:55:40.000]  Then stick with that.
[01:55:40.000 --> 01:55:42.000]  But first thing is, is get rid of this commissioner
[01:55:42.000 --> 01:55:44.000]  because I'm willing to bet that's who you're in front of.
[01:55:44.000 --> 01:55:46.000]  It's not a judge.
[01:55:46.000 --> 01:55:48.000]  Okay.
[01:55:48.000 --> 01:55:49.000]  I will do that.
[01:55:49.000 --> 01:55:56.000]  And I guess I'll go through that through the court itself
[01:55:56.000 --> 01:55:57.000]  or through a...
[01:55:57.000 --> 01:55:59.000]  Yes, you file it with the court.
[01:55:59.000 --> 01:56:02.000]  And then after you get that done or before you get that done,
[01:56:02.000 --> 01:56:05.000]  you need to go on YouTube and look up Rick's videos
[01:56:05.000 --> 01:56:07.000]  and start watching them because Rick is in California.
[01:56:07.000 --> 01:56:10.000]  He's already done this work for California.
[01:56:10.000 --> 01:56:13.000]  Okay.
[01:56:13.000 --> 01:56:14.000]  All right.
[01:56:14.000 --> 01:56:15.000]  We'll do that then.
[01:56:15.000 --> 01:56:16.000]  I appreciate it.
[01:56:16.000 --> 01:56:17.000]  Yes, sir.
[01:56:17.000 --> 01:56:18.000]  Thank you.
[01:56:18.000 --> 01:56:19.000]  All right.
[01:56:19.000 --> 01:56:20.000]  Bye-bye.
[01:56:20.000 --> 01:56:21.000]  All right.
[01:56:21.000 --> 01:56:22.000]  Well, that takes care of Lee.
[01:56:22.000 --> 01:56:25.000]  Now we're going to go to Julius in Texas.
[01:56:25.000 --> 01:56:28.000]  Julius, what did you break today?
[01:56:28.000 --> 01:56:30.000]  They break today.
[01:56:30.000 --> 01:56:33.000]  I have a good friend with us in company right now, Eddie,
[01:56:33.000 --> 01:56:35.000]  that you know, Miss Mary.
[01:56:35.000 --> 01:56:36.000]  Well, hello, Miss Mary.
[01:56:36.000 --> 01:56:37.000]  Hold on.
[01:56:37.000 --> 01:56:39.000]  Say hello to Eddie.
[01:56:39.000 --> 01:56:41.000]  Eddie.
[01:56:41.000 --> 01:56:44.000]  What you got going on, Julius?
[01:56:44.000 --> 01:56:45.000]  This is Mary.
[01:56:45.000 --> 01:56:46.000]  Hi, Mary.
[01:56:46.000 --> 01:56:48.000]  He's got you live on the radio.
[01:56:48.000 --> 01:56:49.000]  Who's got the issue?
[01:56:49.000 --> 01:56:50.000]  You or him?
[01:56:50.000 --> 01:56:51.000]  Okay.
[01:56:51.000 --> 01:56:52.000]  Well, it's not the issue.
[01:56:52.000 --> 01:56:55.000]  I thought we might talk about this little project with Randy.
[01:56:55.000 --> 01:56:57.000]  How do you feel about that?
[01:56:57.000 --> 01:56:59.000]  That would be fine.
[01:56:59.000 --> 01:57:01.000]  Okay.
[01:57:01.000 --> 01:57:04.000]  We were looking at Randy's website,
[01:57:04.000 --> 01:57:10.000]  and we had a couple of questions for him.
[01:57:10.000 --> 01:57:12.000]  Randy, are you here for answering questions?
[01:57:12.000 --> 01:57:14.000]  Yes.
[01:57:14.000 --> 01:57:18.000]  First of all, I thought I might acquaint you with this little project
[01:57:18.000 --> 01:57:21.000]  that we're trying to get off the ground.
[01:57:21.000 --> 01:57:27.000]  We know, having attended, faithfully, Eddie's class for a long time now,
[01:57:27.000 --> 01:57:33.000]  that these municipal courts are, and JP courts, too, are violating our due process
[01:57:33.000 --> 01:57:35.000]  rights in a whole bunch of ways.
[01:57:35.000 --> 01:57:40.000]  And one of the ways that they are doing it is by issuing Katie as warrant
[01:57:40.000 --> 01:57:46.000]  when people do not appear for classifying only.
[01:57:46.000 --> 01:57:50.000]  And we know that they are violating a lot of these rights
[01:57:50.000 --> 01:57:55.000]  because they've got this assembly line process for generating revenue
[01:57:55.000 --> 01:57:59.000]  out of primarily traffic tickets.
[01:57:59.000 --> 01:58:06.000]  And so it occurred to me that we might try to do a little assembly line.
[01:58:06.000 --> 01:58:10.000]  Okay, you are speaking to my heart.
[01:58:10.000 --> 01:58:14.000]  We're about to go to break, but this is something that I've been...
[01:58:14.000 --> 01:58:15.000]  Hang on just a second, Mary.
[01:58:15.000 --> 01:58:18.000]  Okay.
[01:58:18.000 --> 01:58:20.000]  Go ahead, Randy.
[01:58:20.000 --> 01:58:25.000]  Okay, this is something I've been wanting to work on for quite a while.
[01:58:25.000 --> 01:58:27.000]  So we'll pick this up on the other side.
[01:58:27.000 --> 01:58:31.000]  This is Randy Calton, David Stevens, Eddie Craig with our radio,
[01:58:31.000 --> 01:58:32.000]  our call-in number.
[01:58:32.000 --> 01:58:35.000]  It's 512-646-1984.
[01:58:35.000 --> 01:58:39.000]  We're going into the second hour, so get in line.
[01:58:39.000 --> 01:58:41.000]  It tends to stack up at the end.
[01:58:41.000 --> 01:58:50.000]  Okay, we'll be right back on the other side.
[01:58:50.000 --> 01:58:53.000]  The Bible remains the most popular book in the world,
[01:58:53.000 --> 01:58:58.000]  yet countless readers are frustrated because they struggle to understand it.
[01:58:58.000 --> 01:59:01.000]  Some new translations try to help by simplifying the text,
[01:59:01.000 --> 01:59:06.000]  but in the process can compromise the profound meaning of the Scripture.
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[01:59:47.000 --> 01:59:50.000]  That's freestudybible.com.
[01:59:50.000 --> 01:59:54.000]  You are listening to the Logos Radio Network.
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