[00:16.400 --> 00:23.400]  May 17, 2013. Gold opened today at $1,376, silver at $22.32, and bitcoin is trading at
[00:23.400 --> 00:30.320]  $119. The Liberty Beat is asking for your support as we bring on two staff writers and
[00:30.320 --> 00:34.760]  work to expand our operations. Please support The Liberty Beat today by donating online
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[00:39.920 --> 00:44.380]  Guadalupe Street. Also this week, 5% of all purchases made at Brave New Books will be
[00:44.380 --> 00:49.520]  donated to The Liberty Beat. More information at thelibertybeat.com slash donate. And now
[00:49.520 --> 00:54.440]  the news. Gun control, it's been one of the hottest political issues of 2013, and
[00:54.440 --> 00:58.760]  now it's coming to a city council near you. In late March, the Austin City Council passed
[00:58.760 --> 01:02.840]  a broadly worded illegal gun resolution that supports Mayor Leffingwell's membership
[01:02.840 --> 01:07.080]  in the Mayors Against Illegal Guns, and more importantly, organizes local law enforcement
[01:07.080 --> 01:10.500]  to collaborate with the federal government in tracking down and arresting people who
[01:10.500 --> 01:15.080]  bear so-called illegal guns. When asked about the initiative, this is what Austin Police
[01:15.080 --> 01:20.400]  Department Chief Art Acevedo had to say. I'm here today to defend the Second Amendment,
[01:20.400 --> 01:27.400]  to ensure that the Second Amendment is not hurt or is not curtailed as a result of our
[01:28.400 --> 01:33.280]  failure as a nation to take pragmatic steps to keep firearms out of the hands of criminals
[01:33.280 --> 01:38.280]  and people that are of sound mind. Former candidate for Travis County Constable Precinct
[01:38.280 --> 01:44.280]  2, Michael Cargill, responded that the only thing they're trying to do here is make
[01:44.280 --> 01:50.280]  it harder for the law abiding citizen to purchase a firearm. They're not doing anything to
[01:50.280 --> 01:55.600]  cut down crime. Since enacting the resolution in Austin, Councilmember Mike Martinez and
[01:55.600 --> 01:59.880]  Austin Police Chief Art Acevedo have made visits to Washington D.C. to advocate for
[01:59.880 --> 02:06.880]  more severe gun control legislation. President Obama, in a speech on Thursday, claimed that
[02:09.520 --> 02:13.440]  the U.S. government has evidenced that Syria is producing chemical weapons and that a military
[02:13.440 --> 02:17.600]  intervention in the near future may be needed. The remarks came before journalists in Turkey
[02:17.600 --> 02:22.840]  where Obama was meeting with Turkish Prime Minister Recep Tayyip Erdogan to discuss foreign
[02:22.840 --> 02:27.040]  policy. The Turkish government has complained about border security and blamed Syria for
[02:27.040 --> 02:30.680]  violence after bombs went off in southern villages. However, the suspects which were
[02:30.680 --> 02:35.080]  apprehended from those bomb attacks were of Turkish origin. Some estimates conclude that
[02:35.080 --> 02:39.200]  violent unrest in Syria has resulted in the deaths of no fewer than 80,000 people in the
[02:39.200 --> 02:46.200]  past year. French President Francois Hollande spoke yesterday to reporters saying that Europe
[02:49.680 --> 02:53.760]  existed before Britain joined it, according to the Telegraph. The purpose of the speech
[02:53.760 --> 02:58.520]  was to highlight the need for Eurozone countries to unite economically under a plan propagated
[02:58.520 --> 03:05.520]  by the European Central Bank.
[03:28.520 --> 03:35.520]  Okay, we are back. Randy Kelton, Debra Stevens, WU Law Radio, and we're going to Paul in Texas.
[03:39.960 --> 03:40.800]  Hello.
[03:40.800 --> 03:44.960]  Hello, Paul. Thank you for being so patient with us.
[03:44.960 --> 03:49.600]  Well, my ear's about to fall off, but fine.
[03:49.600 --> 03:53.600]  Okay, you have a question or comment?
[03:53.600 --> 04:00.600]  Well, yesterday you said that you wanted to take up the issue that I was talking about
[04:02.200 --> 04:07.200]  today. It sounded like you were going to go through a whole...
[04:07.200 --> 04:12.200]  Okay, bring everybody up to speed.
[04:12.200 --> 04:17.200]  Okay, you want me to start from the beginning again?
[04:17.200 --> 04:20.200]  Just give me a general.
[04:20.200 --> 04:27.200]  Okay, I live in Texas. I am renting a large storeroom in California. For a while I didn't
[04:28.680 --> 04:35.680]  pay rent. I got a three-day notice to pay or quit, and I didn't get that notice for
[04:37.240 --> 04:44.240]  about a month and a half, because that's my problems. However, I did get in contact with
[04:44.240 --> 04:51.240]  the property management, and they want me to pay all the back rent to a lawyer, plus
[04:51.240 --> 04:58.240]  pay him whatever fees he wants. I did send the rent. Oh, they have never served me, by
[04:58.240 --> 05:04.240]  the way. I think what they did is they have gone to the storeroom and tried...
[05:04.240 --> 05:07.240]  Okay, okay, hold on. You jumped over something.
[05:07.240 --> 05:08.240]  Okay.
[05:08.240 --> 05:14.240]  You got behind on the rent. They sent you a done letter. That they can do.
[05:14.240 --> 05:15.240]  Yeah.
[05:15.240 --> 05:22.240]  And then, because you didn't get the done letter in time, they petitioned for an unlawful
[05:23.240 --> 05:30.240]  detainer. When they filed suit with the local justice court, they had to have you served.
[05:30.240 --> 05:37.240]  Now, anytime you file a suit, you have to serve the other party. That's the only time
[05:38.240 --> 05:44.240]  somebody has to actually be served. And the reason for that is, is to make absolutely
[05:44.240 --> 05:50.240]  sure that the person who is being sued knows he's being sued.
[05:51.240 --> 05:56.240]  And to tell you the truth, I don't even know that. I don't even know that. I don't know
[05:56.240 --> 06:01.240]  if you are being sued. Did you call the court?
[06:02.240 --> 06:03.240]  No.
[06:04.240 --> 06:10.240]  Oh, you might call the court and ask them if they have a suit with the name of this
[06:11.240 --> 06:15.240]  rental agency or this storage place versus you.
[06:16.240 --> 06:17.240]  Uh-huh. Okay.
[06:18.240 --> 06:24.240]  That'll tell you if you're being sued, but they've called the court.
[06:24.240 --> 06:27.240]  They'll tell you if you're being sued, but they've told you you're being sued.
[06:28.240 --> 06:29.240]  Right.
[06:30.240 --> 06:35.240]  But you're right. You don't know. Because you haven't received anything to indicate
[06:36.240 --> 06:41.240]  that you're being sued. And they're maintaining that they have a judgment. Well, maybe they
[06:42.240 --> 06:49.240]  do. But if they got the judgment without giving you proper notice, then they don't have
[06:49.240 --> 06:56.240]  a judgment. This is the one thing that a court will almost always immediately grant you a
[06:57.240 --> 07:05.240]  motion for void judgment or to strike a void judgment for lack of notice. That one will
[07:06.240 --> 07:07.240]  always get it.
[07:08.240 --> 07:13.240]  We have petitions for declaratory judgment. If somebody sues you and you don't answer
[07:13.240 --> 07:20.240]  within the statutory time limit, then the other side will petition for a default judgment.
[07:21.240 --> 07:27.240]  Seventy-five percent of all default judgments are overturned by the courts. Sixty-five percent
[07:28.240 --> 07:34.240]  are overturned for lack of service. And that's logical. That's reasonable.
[07:34.240 --> 07:46.240]  The guy filed suit against me. I didn't answer. So I waive any objections that I might have.
[07:47.240 --> 07:53.240]  Well, what is the most likely reason somebody won't answer? They don't know.
[07:54.240 --> 07:59.240]  And so that's why the courts require that a process server serve the suit.
[07:59.240 --> 08:05.240]  And they knew what your address was. They can't claim they didn't. They're not
[08:06.240 --> 08:10.240]  going to be able to, if they come up with proof of service, now they'll have even
[08:11.240 --> 08:16.240]  a bigger problem. And since they're in California and you're in Texas, the likelihood
[08:17.240 --> 08:24.240]  of a California storage company being able to get a process server in Texas to lie for
[08:24.240 --> 08:33.240]  them somewhere between little and none. So you filed just a motion to vacate judgment
[08:34.240 --> 08:43.240]  for lack of service. And almost certainly the court will strike the judgment and reset.
[08:44.240 --> 08:46.240]  What do you mean reset?
[08:46.240 --> 08:57.240]  Reset. Their suit doesn't go away. But they will strike the judgment and order the
[08:58.240 --> 09:05.240]  other side to give proper service. And almost certainly they'll order the other side to
[09:06.240 --> 09:11.240]  provide proof of service. One thing you need, you need to see what documents have been
[09:11.240 --> 09:18.240]  filed with the court. When you file a petition, you are required to file proof of service.
[09:19.240 --> 09:24.240]  Now, every time you file a motion, you're required to file proof of service.
[09:25.240 --> 09:32.240]  And service on the original petition must be by subpoena, process server.
[09:33.240 --> 09:34.240]  Say that again?
[09:34.240 --> 09:43.240]  A service of the original petition must be by subpoena. It must be served by a process
[09:44.240 --> 09:53.240]  server. Now, in some states, anybody can be a process server. But it can't be you.
[09:54.240 --> 10:02.240]  You'd have to get somebody else to do it. Now, they passed the law recently so that
[10:02.240 --> 10:08.240]  the ordinary citizen couldn't do process service. They passed this a few years ago
[10:09.240 --> 10:15.240]  and they just repealed it. So now anybody can do process server. But it's best if
[10:16.240 --> 10:21.240]  you get bonded and they've got some courses on it to keep you out of trouble.
[10:22.240 --> 10:27.240]  But if you file a suit and you've got a buddy, you can have him go serve it.
[10:27.240 --> 10:34.240]  The reason is you've got a third party who don't have a dog in the hunt.
[10:35.240 --> 10:40.240]  Even if he's your buddy, he's not going to get on the stand and commit aggravated
[10:41.240 --> 10:47.240]  perjury for you. That's a big deal. That'll get him in prison for quite a while.
[10:48.240 --> 10:53.240]  So they can be pretty certain if this third party gets on the stand and says,
[10:53.240 --> 11:00.240]  yes, your honor, on this day at this time, I filed notice of this lawsuit with this person.
[11:01.240 --> 11:05.240]  Then now you have proof of service. This is what they got to come up with.
[11:06.240 --> 11:11.240]  Okay. All right. I sent them, I don't know, I don't know, three, four weeks ago,
[11:12.240 --> 11:17.240]  I sent them all the back rent that I owe them. And they returned it with a letter
[11:17.240 --> 11:23.240]  that said, we're returning this. We cannot accept any rent at this time.
[11:24.240 --> 11:32.240]  Larry, do you, okay, hold on. Larry, do you remember what the UCC statute is for that?
[11:33.240 --> 11:35.240]  No, but if you give me a second, I'll find it.
[11:35.240 --> 11:46.240]  Okay. The tender made and tender rejected is tender offered, tender rejected is tender made.
[11:47.240 --> 12:00.240]  Under UCC, if I offer to pay you and you don't accept it, unless they have a provision in their contract that says they can refuse payment,
[12:01.240 --> 12:03.240]  have you looked at the contract you signed with them?
[12:03.240 --> 12:07.240]  Well, believe it or not, I don't even have a contract with them.
[12:08.240 --> 12:19.240]  When you put your property there, did you sign a document that had some small writing on it, like an invoice or something?
[12:19.240 --> 12:37.240]  Well, no, they sent me something to sign and I got in touch with them and said, well, look, you never did indicate the security deposit that I put up when a different management company was there.
[12:38.240 --> 12:45.240]  And the guy in charge says, oh, well, okay, I'll take care of that. And he never took care of that. And I've asked him about three or four times.
[12:45.240 --> 12:53.240]  Oh, wonderful. How did the security deposit compare to the amount you owed?
[12:54.240 --> 13:04.240]  Oh, it's pretty small. Well, it was a full rent at the time, the full rent when I first, I rented this place 12 years ago.
[13:05.240 --> 13:08.240]  Okay, so the security deposit was like a month's rent?
[13:09.240 --> 13:13.240]  Yeah, the month's rent was $200 at that time, now it's $460.
[13:13.240 --> 13:24.240]  Randy, that's UCC 3-603, tender of payment. There's three sections to it.
[13:25.240 --> 13:37.240]  And it says if tender of payment of amount is due and an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged.
[13:37.240 --> 13:54.240]  If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
[13:54.240 --> 14:06.240]  That's not what I'm looking for. I'm looking for the one where payment is refused. Where payment is offered, payment is refused.
[14:07.240 --> 14:08.240]  Okay.
[14:09.240 --> 14:17.240]  Anyway, in your case, you need to prepare, did you do any research after I talked to you?
[14:18.240 --> 14:19.240]  No.
[14:20.240 --> 14:21.240]  Oh, okay.
[14:21.240 --> 14:25.240]  I did a lot of thinking, but okay. I've got some questions.
[14:26.240 --> 14:44.240]  Okay. Let me just go through what needs to be done. You need to do an internet search and find a petition to void judgment for lack of service. That's probably pretty common. I doubt that you'll have much trouble finding one.
[14:44.240 --> 14:51.240]  Petition to void judgment for lack of service.
[14:52.240 --> 15:00.240]  Okay. Like you said, I'm going to be able to access all the stuff on your archives. Okay. If I don't write it down.
[15:00.240 --> 15:29.240]  Here it is. Hey Randy, here it is. Here it is. If tender, and it's in the same ones, 3-603 and it's in part B, it's if tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge to the extent of the amount of the tender of the obligation of the endorser or accommodation party having a right of recourse for respect to the obligation to which tender relates.
[15:30.240 --> 15:35.240]  Okay. There it is. What is that? 603.
[15:36.240 --> 15:41.240]  No, it's UCC 3-603, tender of payment.
[15:42.240 --> 15:58.240]  Okay. You can pull that from the archives. So you need to file that with the court. You need to provide proof of service. But in this case, the only proof of service you need is a signed green card.
[15:58.240 --> 16:17.240]  Or if you send it by certified mail, you can prove service. If they don't sign for it and you can go to the post office and if they show they delivered it and the other side refused to sign for it, then as far as the court's concerned, it's been sent.
[16:18.240 --> 16:22.240]  Okay. I already sent it for six months rent.
[16:22.240 --> 16:29.240]  No, no, wait. I'm talking about the petition to void judgment.
[16:30.240 --> 16:31.240]  Oh, I see. Okay.
[16:32.240 --> 16:45.240]  Okay. That's a response. That's a motion to the court. Do some research. Do a little internet search. Find one. It'll have a proper heading on it. Search for one in California. Hang on. We're about to go to break.
[16:45.240 --> 16:55.240]  This is Randy Kelton, Deborah Stevens, Rule of Law Radio. Our call in number 512-646-1984. We'll be right back.
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[19:12.240 --> 19:24.240]  Well, don't let nothing get to you. Only the father can deliver you. So don't let bad mind people hurt you. Until Satan get behind you.
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[19:37.240 --> 19:47.240]  Okay, we are back. We're Randy Kelton, Deborah Stevens, Rule of Law Radio here with our special guest, Larry Wiest, and we're talking to Paul in Texas.
[19:47.240 --> 20:05.240]  So, Paul, what I'm trying to do here is go through the steps you have to take. Let me go through those and then you'll have basically the information you'll need at least to get this judgment removed.
[20:05.240 --> 20:24.240]  If they have petitioned the court and sued you for this judgment, they would have had to send a process server out to serve you. And since you weren't served, you know, they wouldn't just serve you. They would serve you with a subpoena with a demand that you appear in the court.
[20:24.240 --> 20:39.240]  So you didn't get that. So go on the internet and search for a petition to avoid judgment for lack of service. This is not a promotion. It's a petition.
[20:39.240 --> 20:53.240]  The difference between a petition and a motion is there are only three petitions. There's a challenge to subject matter jurisdiction claiming the court doesn't have a regional jurisdiction.
[20:53.240 --> 21:11.240]  There's a claim of double jeopardy. And I forget what the other one is. I always forget that third one. But we generally never get there. Yours is a challenge to subject matter jurisdiction.
[21:11.240 --> 21:25.240]  When you file a petition to avoid judgment for lack of service, lack of service indicates that the court never got subject matter jurisdiction.
[21:25.240 --> 21:46.240]  Okay, you make up the document. And if you look on the internet and search in California, you will find one with the form of the document. On the left hand side will be the plaintiff, which will be the storage company, the defendant, which will be you.
[21:46.240 --> 21:57.240]  And then on the right hand, there will be a line down the middle and on the right hand side will be the cause number and then the name of the court and then what the case is.
[21:58.240 --> 22:07.240]  That's the general form. Some states change it up slightly. But if you do a search, you will find one and it will show you what the form looks like.
[22:07.240 --> 22:24.240]  And best to find a form. If not, send me an email and I will look through O'Connor's forms. They've probably got one on that issue and I'll send you one from O'Connor's. It won't be from California.
[22:24.240 --> 22:40.240]  And it really needs to be from California. A form from any state would most likely work, but because pleadings in motion should not be denied for lack of form.
[22:40.240 --> 22:54.240]  If there's a problem of substance, they can be denied, but not for lack of form, especially when it's a pro se. And these courts are generally more liberal. They're not as strict as the higher level courts.
[22:54.240 --> 23:16.240]  Okay. Send that to the mortgage company. Send it to their lawyer. Send it certified. If you send anything that's not certified, they will throw it in the trash because you can't prove you send it.
[23:16.240 --> 23:28.240]  So always send everything certified. That should stop them. If it doesn't and they go ahead and sell your property, you've got to create suit against them.
[23:29.240 --> 23:33.240]  Well, I don't want to lose my stuff. I've got some valuable stuff in there.
[23:34.240 --> 23:40.240]  That should stop them. If anything's going to stop them, that's what you do.
[23:40.240 --> 23:56.240]  Okay. Now, the check that I sent them, which they returned, that was for six months rent. It did not include June, and it occurs to me that I should probably send them June rent right now and let them try and figure out whether or not to return it or keep it.
[23:57.240 --> 24:03.240]  Yeah, that's a good idea. Just June's rent because you're going to maintain that all the rest of it's paid.
[24:03.240 --> 24:27.240]  Okay. The agent at the property management company, he left me a message and he said that he wants me to go to the lawyer and pay the lawyer not only the back rent, but whatever the lawyer wants for his services.
[24:27.240 --> 24:35.240]  Which I would – I'm guessing that the judge probably gave him lawyer's fee.
[24:36.240 --> 24:43.240]  You probably did, but it won't make any difference. In order for him to have lawyer's fees, it has to be in the petition.
[24:44.240 --> 24:54.240]  And it's probably not going to be because they're assuming you have a contract with them, but apparently you never signed the contract.
[24:54.240 --> 24:56.240]  That's right.
[24:57.240 --> 25:15.240]  So they have no authority to charge you attorney fees. And this is the information you put in your – once you file the motion to strike the void pleading, then you have to file an answer.
[25:15.240 --> 25:28.240]  And in the answer, you will state that you made offer of tender and they refused to accept it because – no, you don't know why they refused to accept. They refused to accept it.
[25:29.240 --> 25:37.240]  They have attempted to charge attorney fees and you have entered into no contract with them that authorized attorney fees.
[25:37.240 --> 25:54.240]  Then since you file a counterclaim against them, claiming that you made offer of payment and they denied it, therefore payment has been made.
[25:55.240 --> 26:03.240]  And so you should grant them nothing and dismiss the suit and pay you X amount for your time.
[26:03.240 --> 26:10.240]  Okay, but then I'm in the situation where I still – oh, okay, one thing.
[26:11.240 --> 26:22.240]  Okay, hold on. I think I know where you're going. You got this case in court in California, but it ain't worth going to California just for this.
[26:23.240 --> 26:25.240]  Oh, it probably is, yeah.
[26:25.240 --> 26:40.240]  You file a motion with the court objecting to oral argument since you are out of state and request that the court render all decisions based on the pleadings before the court.
[26:41.240 --> 26:44.240]  Well, it sounds dangerous.
[26:45.240 --> 26:53.240]  And the judge is probably going to – that's fine with him. He don't want to have to deal with all this crap only anyway. He can just write his answer.
[26:53.240 --> 27:08.240]  That may get it thrown out. If you file a counter complaint, claiming tender, then the other side would have to file a response to it.
[27:09.240 --> 27:14.240]  You let them know it's going to cost them money and make sure you bar grieve the lawyer.
[27:14.240 --> 27:22.240]  Well, they're going to be P.O.ed, and I think they'll probably refile on me and maybe lock me out.
[27:23.240 --> 27:27.240]  Well, this is not how it works.
[27:28.240 --> 27:29.240]  Okay. Now how about –
[27:29.240 --> 27:50.240]  Okay, wait. This is business. Business is not about you hurt my feelings, you pissed me off. Business is about the money. And they do what they normally do and 99 percent of the time, nobody says anything and you come back and land on them like a ton of bricks.
[27:50.240 --> 28:00.240]  I'm also going to suggest that you file against – that you get the records, get everything that's in the court that has been filed.
[28:01.240 --> 28:18.240]  If you get a copy of that petition and that petition has a certificate of service on it, then you make up a criminal complaint against the lawyer and file it with the district attorney in the district where this occurred.
[28:18.240 --> 28:30.240]  What the district attorney is going to do is get a hold of his investigator because there's no way the district attorney is going to want to do anything with this.
[28:31.240 --> 28:43.240]  However, he is going to need plausible deniability. So he's going to tell his investigator, give this guy a call, give me a reason to not pursue this complaint.
[28:43.240 --> 29:01.240]  So he will say okay and he will call this guy and he says, hey, this guy just sent us a complaint wanting us to arrest you for lying to the court, for tampering with the government document and aggravated perjury.
[29:01.240 --> 29:15.240]  Why should we not arrest you? And the lawyer will give him some song and dance and sell some down your pants and he'll say, oh, okay. But it will scare the bejesus out of this lawyer.
[29:16.240 --> 29:29.240]  And if in the meantime you filed a bar grievance against him and we have a way you can do that, go to bargrievance.net and just follow the steps.
[29:29.240 --> 29:39.240]  And that'll produce you a bar grievance. You send out the bar grievance. If the bar gets it, they'll throw it in the trash.
[29:40.240 --> 29:48.240]  But it'll double his insurance anyway. And the insurance malpractice generally starts at $30,000 to $40,000.
[29:48.240 --> 29:59.240]  Now you've got the lawyer's attention. Hang on. We'll be right back. Randy Kelton, David Stevens. We're Law Radio. We'll be right back.
[30:18.240 --> 30:26.240] ...watching you, recording all your searches and creating a massive database of your personal information. That's creepy, but it doesn't have to be that way.
[30:27.240 --> 30:34.240]  Startpage.com is the world's most private search engine. Startpage doesn't store your IP address, make a record of your searches or use tracking cookies.
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[30:44.240 --> 30:46.240]  Startpage.com, the world's most private search engine.
[30:46.240 --> 30:51.240]  Video displays in stores and public spaces might be watching you back.
[30:52.240 --> 30:58.240]  Called digital signage systems, many use hidden cameras to scope out your age and gender to deliver targeted ads and videos.
[30:59.240 --> 31:04.240]  A middle-aged woman might see a clip promoting soy milk, while a teenage boy might see an ad for a sports drink.
[31:05.240 --> 31:09.240]  As people come and go, the systems document customer reactions and dwell time.
[31:09.240 --> 31:18.240]  While companies claim they anonymize images to protect privacy, facial recognition systems could be used in the future to see exactly who's watching what.
[31:19.240 --> 31:24.240]  If you find this offensive, vote with your pocketbook and spend your hard-earned cash at more privacy-friendly stores.
[31:25.240 --> 31:29.240]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:32.240 --> 31:37.240]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:37.240 --> 31:44.240]  The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:45.240 --> 31:47.240]  Over 6,000 of my fellow service members have given their lives.
[31:48.240 --> 31:50.240]  Thousands of my fellow first responders are dying.
[31:51.240 --> 31:55.240]  I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot.
[31:56.240 --> 31:59.240]  I'm a father who lost his son. We're Americans and we deserve the truth.
[32:00.240 --> 32:02.240]  Go to RememberBuilding7.org today.
[32:02.240 --> 32:11.240]  It is so enlightening to listen to 90.1 FM, but finding things on the internet isn't so easy and neither is finding like-minded people to share it with.
[32:12.240 --> 32:14.240]  Oh, well I guess you haven't heard of Brave New Books then.
[32:15.240 --> 32:16.240]  Brave New Books?
[32:17.240 --> 32:26.240]  Yes. Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul, Angie Edward Griffin. They even stock inner food, Berkey products, and Calvin soaps.
[32:27.240 --> 32:29.240]  There's no way a place like that exists.
[32:29.240 --> 32:34.240]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[32:35.240 --> 32:38.240]  By UT, there's never anywhere to park down there.
[32:39.240 --> 32:45.240]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK Parking Facility, just behind the bookstore.
[32:46.240 --> 32:49.240]  It does exist, but when are they open?
[32:49.240 --> 33:01.240]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays, so get them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[33:19.240 --> 33:34.240]  Music
[33:35.240 --> 33:45.240]  Okay, we are back. Randy Kelton, Deborah Stevens, Wheel of Law Radio, here with our special guest Larry Wiest, and we're talking to Paul in Texas.
[33:45.240 --> 33:50.240]  Okay, question one. How does the insurance company find out about the bar grievance?
[33:51.240 --> 34:03.240]  That's the good part, is the lawyer has to tell them. If he doesn't tell them, and he gets a claim, the claim's not covered.
[34:04.240 --> 34:04.240]  Wow.
[34:05.240 --> 34:07.240]  So he has to tell on his own self.
[34:08.240 --> 34:09.240]  Interesting.
[34:10.240 --> 34:13.240]  Yeah, you can file a bar grievance for anything.
[34:13.240 --> 34:14.240]  Okay.
[34:15.240 --> 34:30.240]  You can accuse the lawyer of murdering a whole truckload of babies, and the state bar association will send you this letter, say we examined the end of your accusation, and find it does not rise to the level of misconduct.
[34:31.240 --> 34:34.240]  And that is a good thing.
[34:34.240 --> 34:50.240]  I had a lawyer tell me about this, and he was just mortified because he had a friend who got out of law school. He got on the attorney wheel, so he's getting court appointed counsel. His first client, after a month, disappears.
[34:51.240 --> 34:58.240]  Eleven months later, he goes to the court, said, Your Honor, my client disappeared. I'd like to be removed from the case. The court removed him.
[34:58.240 --> 35:11.240]  The next month, the guy shows up, and he's really P.O.'d at his lawyer for dumping him, so he files a grievance against him. They cancel his malpractice insurance immediately. He can't practice on his own.
[35:11.240 --> 35:27.240]  And the lawyer said, That is patently unfair, and I'm grinning from ear to ear. Yeah, Bubba, life is tough. And he shook his head, and he said, Oh, I knew I shouldn't have told you that.
[35:27.240 --> 35:41.240]  And it turned out he was right. Russell Mortland was in a bankruptcy issue. Halfway through, the lawyer for the other side quit. They got a new law firm.
[35:41.240 --> 35:58.240]  When the bankruptcy was almost over, the first lawyer came in and complained to the judge that Mr. Mortland filed three bar grievances against me, and the next year, our law firm almost couldn't get malpractice insurance, and when they did, it nearly doubled.
[35:58.240 --> 36:17.240]  I said, Russell, did you bar grieve him for that? Once you grieve him, he's forbidden to mention it. Now, you can bar grieve him because he parts his hair on the left. I don't suggest you do that.
[36:17.240 --> 36:30.240]  But the lawyers will give you more than ample reasons to file a bar grievance, and if you go to bargrievance.net, that's one of my sites, it will walk you right through the code.
[36:31.240 --> 36:41.240]  Very quickly, you can go through the code and the American Bar Association model standards, and you will be surprised at all the stuff you can grieve them for.
[36:41.240 --> 36:46.240]  Okay. Yesterday, you mentioned that I should write a tort letter.
[36:47.240 --> 36:56.240]  Yes, but if you're filing a, I don't know what I was thinking, you're going to have to file an answer to the suit.
[36:57.240 --> 37:03.240]  Why do I have to answer the suit when I was never served?
[37:03.240 --> 37:24.240]  Well, because when you file a motion to strike the void order, if it's granted, then you have to answer the suit, and that's great. You get to sue them, and you don't have to pay for it.
[37:24.240 --> 37:34.240]  So you answer the suit denying all their charges, and then you accuse them of defrauding the court by filing a fraudulent document with the court.
[37:35.240 --> 37:43.240]  You accuse them of trying to collect money that's not owed because you made offer of payment, and they denied it.
[37:43.240 --> 37:56.240]  They refused to accept it. Therefore, under the Uniform Commercial Code, payment is tendered. They tried to charge attorney fees when they had no authority to charge those fees because you don't have a contract with them.
[37:57.240 --> 38:02.240]  You just make all your claims to the judge. Those are the claims you would make in a tort letter.
[38:02.240 --> 38:27.240]  Let me explain a tort letter. The courts do not want you to use the courts as the remedy of first resort, but rather as the remedy of last resort, and they ask you to take administrative action to find remedy before you come to the court.
[38:27.240 --> 38:47.240]  The only administrative action they require is a tort letter, and what a tort letter is is a letter that says, hey, you, I've been harmed. You harmed me. This is how much I was harmed. Make me hold or be sued.
[38:47.240 --> 39:06.240]  That, in a nutshell, is what a tort letter is, and when you write one with those parts in it, in that order, whatever your wording is, if a lawyer reads it, he will recognize that immediately as a tort letter.
[39:06.240 --> 39:16.240]  And he'll say, oops, this guy's not screwing around. He's fixing to sue us. But in this case, you've already been sued.
[39:16.240 --> 39:37.240]  So, dispense with the tort letter. Forget I said that. I must have been brain dead. Since you've already been sued, if the judge strikes the void order and the default judgment, then file your answer with a counter complaint.
[39:37.240 --> 39:49.240]  So, you make a claim against them for three times the amount they're trying to collect from you fraudulently, and that you have standing in law to do.
[39:49.240 --> 40:16.240]  If someone tries to defraud you, you don't claim the amount they defrauded you of. You claim the amount they tried to defraud you of, and you sue them for three times that amount. So, you figure what they're trying to charge you, that you already tried to pay and they wouldn't take, plus the attorney fees, triple that, and that's your counterclaim.
[40:16.240 --> 40:36.240]  Okay. Now, I have planned to go out there. I bought a car that I figured would drive me out there. I took it to a mechanic. Whoops. I missed the condition of the car. It's going to cost me another $2,000. That's okay. I'll have a good running car. I'm going to drive out there.
[40:37.240 --> 40:42.240]  Hold on. I can't pass this up. What's wrong with the car?
[40:42.240 --> 40:56.240]  You know, I can't tell you. It's all technical. It's a diesel, and I brought it to the best diesel mechanic in Austin, and he listened to it for about five seconds and told me all the things that are broken.
[40:57.240 --> 40:58.240]  Did it run?
[40:59.240 --> 41:00.240]  Yeah, it runs fine.
[41:01.240 --> 41:03.240]  Did it make any odd noises?
[41:03.240 --> 41:13.240]  Well, he found some noises. He found some noise patterns, I guess I would say, and then he showed me some...
[41:14.240 --> 41:16.240]  What did he call the noise patterns?
[41:17.240 --> 41:18.240]  Oh, boy.
[41:19.240 --> 41:21.240]  Did it make a tick, tick, tick, tick, tick, tick noise?
[41:22.240 --> 41:23.240]  No, it really didn't sound like that.
[41:23.240 --> 41:36.240]  Okay. The reason I ask that is diesels with glow plugs never, ever use ether to start a diesel that has glow plugs.
[41:37.240 --> 41:43.240]  It will cause the tip of the glow plug to break off and land on top of the piston.
[41:44.240 --> 41:46.240]  So ask me how I know that.
[41:47.240 --> 41:48.240]  That really sucked.
[41:48.240 --> 41:54.240]  My father-in-law came to Waco to get me, and he brought a big gooseneck trailer.
[41:55.240 --> 42:10.240]  But the truck wouldn't run, so he disconnected from the trailer, put the ramps down, and got behind my truck, and I told him, give me a good running start so I'll have enough momentum to coast up on the trailer.
[42:10.240 --> 42:20.240]  So he had me going about 30 miles an hour, and when I hit those ramps, they didn't have back feet on them, and the back of the ramps went to the ground.
[42:21.240 --> 42:25.240]  That trailer stood straight up in front of me, and I climbed it straight up.
[42:26.240 --> 42:29.240]  I thought I was gonna die.
[42:30.240 --> 42:36.240]  The trailer slammed to the ground, and I hit the brakes and slid up and just barely touched the front of the trailer.
[42:36.240 --> 42:39.240]  You don't think this is earth, do you?
[42:40.240 --> 42:43.240]  I got a lot of these kind of things.
[42:44.240 --> 42:47.240]  Anyway, if the diesel's running, does it smoke real bad?
[42:48.240 --> 42:50.240]  So a TDI, if you're familiar with that.
[42:51.240 --> 42:52.240]  No, I'm not.
[42:53.240 --> 42:54.240]  Okay.
[42:56.240 --> 42:57.240]  Okay, so anyway, I'm gonna...
[42:58.240 --> 42:59.240]  Okay, let's forget the mechanics.
[43:00.240 --> 43:04.240]  Okay, I'm gonna get out there, and I gotta get out of that storeroom.
[43:04.240 --> 43:09.240]  I've been wanting to get out of there like forever, so this is a good reason to do it.
[43:10.240 --> 43:18.240]  Otherwise, I think I'll probably suffer problems with these people, you know, if I stick around.
[43:20.240 --> 43:21.240]  Okay.
[43:22.240 --> 43:24.240]  Okay, we're about to go to another break.
[43:25.240 --> 43:26.240]  We really need to move on.
[43:27.240 --> 43:29.240]  Is there anything else that I need to address with you?
[43:29.240 --> 43:35.240]  Um, well, I'll probably come up with it later on, but I think I'll sign off right now.
[43:36.240 --> 43:38.240]  I may write you a letter to clarify some things.
[43:39.240 --> 43:42.240]  Okay, do that. Randy at RuleOfLawRadio.com.
[43:43.240 --> 43:45.240]  Okay. Alright, thank you very much.
[43:46.240 --> 43:47.240]  Okay, thank you, Paul.
[43:48.240 --> 43:53.240]  Garrett, we'll pick you up on the other side, or call in number 512-646-1984.
[43:53.240 --> 43:58.240]  We'll be right back.
[44:24.240 --> 44:27.240]  Huh, there's no way a place like that exists.
[44:28.240 --> 44:33.240]  Go check it out for yourself. It's downtown at 1904 Guadalupe Street, just south of UT.
[44:34.240 --> 44:36.240]  Aw, by UT, there's never anywhere to park down there.
[44:37.240 --> 44:44.240]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility, just behind the bookstore.
[44:45.240 --> 44:48.240]  It does exist, but when are they open?
[44:48.240 --> 44:52.240]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[44:53.240 --> 45:00.240]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[45:02.240 --> 45:04.240]  Are you the plaintiff or defendant in a lawsuit?
[45:05.240 --> 45:08.240]  Win your case without an attorney with Juris Dictionary.
[45:09.240 --> 45:16.240]  The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step.
[45:16.240 --> 45:19.240]  If you have a lawyer, know what your lawyer should be doing.
[45:20.240 --> 45:23.240]  If you don't have a lawyer, know what you should do for yourself.
[45:24.240 --> 45:28.240]  Thousands have won with our step by step course and now you can too.
[45:29.240 --> 45:35.240]  Juris Dictionary was created by a licensed attorney with 22 years of case winning experience.
[45:36.240 --> 45:44.240]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:44.240 --> 45:53.240]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, pro se tactics and much more.
[45:53.240 --> 46:14.240]  Please visit RuleOfLawRadio.com and click on the banner or call toll free 866-LAW-EASY.
[46:23.240 --> 46:32.240]  Always I must be careful what I'm wishing for when I'm hungry.
[46:32.240 --> 46:51.240]  Alright, we're back on the Rule of Law Radio, Randy Kelton, Debra Stevens and I'm a special guest tonight, Larry Weist. Randy asked me to come in on this segment because we got Garrett in Oklahoma who wants to talk about what we were talking about in the first hour which was the Syria issue and the availability of weapons.
[46:52.240 --> 46:55.240]  So Garrett, go ahead brother.
[46:55.240 --> 47:10.240]  Well actually I came up with a hell of a lot more and I wanted to give Kelton, I have one or two questions to Kelton and put this down there.
[47:10.240 --> 47:33.240]  But yeah, originally what you're talking about too. To address your, Larry, when you're a, what do you call it, you're on the show.
[47:34.240 --> 47:36.240]  I'm guest hosting.
[47:36.240 --> 48:01.240]  Guest hosting. Yes sir. Ammunition. But what I wanted to actually hit him with first, because I had been on hold for some time. Randy Kelton had some good stuff and I had some questions about lawyers and petition to the judgment of lack of service.
[48:01.240 --> 48:18.240]  I received service, well I didn't receive any service. I received just a stupid regular letter that had a, it was a tort claim, Geico accident that it was my responsibility.
[48:18.240 --> 48:39.240]  I got in trouble, I rear ended somebody and my insurance had lapsed right before that happened and it's already, the criminal issue is no low, dull or whatever, I don't know, I got to go back in August and get this cleared. This was in Oklahoma City.
[48:40.240 --> 48:45.240]  Well when you rear ended somebody, had you been drinking?
[48:45.240 --> 49:03.240]  No, I was on my way to work for the federal, for my, no. You were sober? Yes sir. But that doesn't really matter actually, I don't think at this point.
[49:04.240 --> 49:10.240]  Why did you rear ending? Go to work drunk. Why did you rear ending?
[49:10.240 --> 49:17.240]  Her, you know, accidentally not paying attention on the road.
[49:18.240 --> 49:22.240]  He was really just wanting to talk to her so he could get her number.
[49:23.240 --> 49:27.240]  Yeah, that sounds like a good way to get her number.
[49:27.240 --> 49:44.240]  I was told by the court, you know, my lawyer, they set me up and I went through driving classes. Who set you up? I went through all that and these guys are real pros. I mean they're very good.
[49:45.240 --> 49:53.240]  Who set you up? Go ahead. No, who set you up? You said they set me up. Who set you up?
[49:53.240 --> 50:00.240]  Well I have a lawyer that represented my case.
[50:01.240 --> 50:05.240]  Was this a court appointed lawyer or a lawyer you personally retained?
[50:06.240 --> 50:11.240]  Family. It's a family lawyer? Yeah.
[50:11.240 --> 50:26.240]  Okay, wait a minute. It's part of your family or it's a family lawyer you hired to defend you in a traffic situation? I don't understand. What are you saying? It's a family lawyer or it's a friend, somebody who's a lawyer in your family?
[50:27.240 --> 50:30.240]  Yeah, I went to a family, well I shouldn't be.
[50:31.240 --> 50:33.240]  Is he the brother-in-law that hates you?
[50:34.240 --> 50:36.240]  He's just a family member that's a lawyer. He's a criminal.
[50:37.240 --> 50:38.240]  What kind of lawyer is he?
[50:38.240 --> 50:40.240]  He's been a lawyer for over 40 years here in Oklahoma City.
[50:41.240 --> 50:42.240]  What kind of lawyer is he?
[50:43.240 --> 50:45.240]  He's crooked, of course.
[50:46.240 --> 50:48.240]  Juvenile, criminal and criminal.
[50:49.240 --> 50:55.240]  So what experience does he have in representing you in a traffic case where you rear-ended somebody?
[50:56.240 --> 51:01.240]  Yeah, so I asked him for some help and he helped me.
[51:02.240 --> 51:03.240]  Did he charge you?
[51:03.240 --> 51:11.240]  No. Not yet. I gave him a payment, okay? So I'm working my, yeah.
[51:12.240 --> 51:26.240]  So from what I've heard from Mr. Kelton, you know, once a lawyer takes a case, they need to stick with me, don't they?
[51:26.240 --> 51:35.240]  If I possibly, I mean, you know, you make a payment to him and I know that he kept my cash payment.
[51:36.240 --> 51:37.240]  Your lawyer did?
[51:38.240 --> 51:40.240]  The letter that I wrote on the front.
[51:41.240 --> 51:48.240]  Okay, okay. The one thing that the courts will allow a lawyer to withdraw for is lack of payment.
[51:48.240 --> 52:02.240]  Because you enter into a contract with the lawyer, so long as you keep up your end of the contract, you can pretty well hold the lawyer to his end of the contract.
[52:03.240 --> 52:10.240]  But if you haven't kept up your end of the contract and payment is the biggest deal and that's what they generally withdraw on.
[52:11.240 --> 52:12.240]  No contract?
[52:13.240 --> 52:16.240]  Yeah. Well, no, you have a contract anyway. If you have an agreement,
[52:16.240 --> 52:17.240]  Okay.
[52:18.240 --> 52:20.240]  If you have an agreement to pay him a certain amount,
[52:21.240 --> 52:23.240]  No agreement, no verbal, no written.
[52:24.240 --> 52:26.240]  Okay. Has he attempted to withdraw?
[52:27.240 --> 52:38.240]  Thank you. It was a thank you letter and I appreciate your help and take this, please, in the letter and I appreciate your help.
[52:41.240 --> 52:44.240]  Okay. Do you have a question for us?
[52:44.240 --> 52:45.240]  Yes, yes, yes.
[52:46.240 --> 52:47.240]  What is that question?
[52:48.240 --> 52:51.240]  So once the lawyer takes care, they must stick with me. Okay.
[52:52.240 --> 52:55.240]  About monies received, give a check, a different...
[52:56.240 --> 53:12.240]  Okay. The lady that I rear-ended, I gave her a check and that was supposed to be the first of ten checks to remedy me rear-ending her.
[53:12.240 --> 53:13.240]  Okay.
[53:14.240 --> 53:15.240]  Okay.
[53:16.240 --> 53:23.240]  And she accepted the first check and cashed it and I have a copy and I give it to my uncle, relative, a lawyer.
[53:24.240 --> 53:26.240]  And, you know, he's got the...
[53:27.240 --> 53:33.240]  Okay, wait a minute. I don't understand how this goes to the lawyer not being able to withdraw.
[53:33.240 --> 53:41.240]  Sorry. You're right. There's a criminal case. It's supposedly considered a hit and run.
[53:42.240 --> 53:48.240]  Okay. And your relative is representing you in the criminal side?
[53:49.240 --> 53:50.240]  Yes, sir.
[53:51.240 --> 53:56.240]  Okay. Well, you know what he's going to do? He's going to go to the court and negotiate you a deal.
[53:57.240 --> 53:59.240]  So it sounds like you've already negotiated the deal.
[54:00.240 --> 54:01.240]  We've already done that. It's over.
[54:01.240 --> 54:03.240]  Okay. So he's done with that part.
[54:04.240 --> 54:06.240]  It's completely over. It's no lo, dole, dole.
[54:07.240 --> 54:16.240]  No lo contendre. Has he also agreed to represent you in the suit against you by the insurance company?
[54:17.240 --> 54:21.240]  Yeah. The insurance company sent me a letter. It was not certified.
[54:22.240 --> 54:25.240]  Did your relative agree to represent you in that issue?
[54:26.240 --> 54:27.240]  Yes.
[54:27.240 --> 54:30.240]  Okay. Then this shouldn't be difficult.
[54:31.240 --> 54:37.240]  Okay. So, okay, then he can...
[54:38.240 --> 54:41.240]  This is about contract law.
[54:41.240 --> 54:59.240]  And it all goes to the law of contracts. And once you've entered into a contract, as long as you have not breached the contract, the other person cannot arbitrarily back out of the contract.
[55:00.240 --> 55:09.240]  However, we're dealing with judges. And first and foremost, judges are lawyers.
[55:09.240 --> 55:19.240]  And lawyers take care of lawyers. And since they run the court, they do pretty much whatever they want to.
[55:20.240 --> 55:35.240]  So in the real world, if you're, especially in a civil case, if your lawyer petitions the court to allow him to withdraw from the case, the court will almost always grant that out of hand.
[55:35.240 --> 55:38.240]  Very good.
[55:39.240 --> 55:46.240]  Even if you object, jump up and down, raise your hands, railing righteous indignation, the court is not going to care.
[55:47.240 --> 55:52.240]  Especially if this guy's been around a long time, then he knows the judges and everybody real well.
[55:53.240 --> 55:54.240]  Very well.
[55:55.240 --> 55:56.240]  He can do what he wants to.
[55:56.240 --> 56:04.240]  But yeah, and just to throw in some more, I shouldn't, whatever, but okay.
[56:05.240 --> 56:07.240]  Just be nice to him if he's helping you out.
[56:08.240 --> 56:12.240]  You think I know, I know what's going on.
[56:13.240 --> 56:16.240]  Be humble. Okay, we do need to move on. We've got a stack of callers.
[56:17.240 --> 56:18.240]  I have another question.
[56:19.240 --> 56:20.240]  Okay, what do you have?
[56:20.240 --> 56:34.240]  I need some advice. If I go buy a home, do you have a website created yet? Something that would give good quality advice of what to do and what not to do, and even a car baby?
[56:35.240 --> 56:44.240]  That is a good question. No, I don't. As far as buying a home, I didn't get into that at all.
[56:44.240 --> 56:56.240]  It's just, you know, there's a lot of real estate companies out there trying to, with sites on how to buy homes, and it is an issue that I have not addressed.
[56:57.240 --> 57:06.240]  So it's, I know how to fight a foreclosure, but I haven't addressed the best way to purchase a home.
[57:06.240 --> 57:25.240]  We need a good way to purchase a home properly, at least the right way, but also allow, have something on the side that says, if this and this and such and such happens, you've got a car baby here or there.
[57:25.240 --> 57:39.240]  Or something bad can happen, you know, potentially, or you have recourse, good recourse. You know, I want recourse. If something happens 10 years down the road, I want recourse on my contract. You know what I mean?
[57:39.240 --> 57:55.240]  Yes, I do. But that's not an area of research, and frankly, you're the only one that's ever asked for it. So I probably won't go to that. It takes so much time to research these things out.
[57:56.240 --> 58:00.240]  If I had a lot more call for it, I might do it. Okay, we are about to go to break.
[58:01.240 --> 58:06.240]  Question also about Bitcoin. Do you know anything about Bitcoin?
[58:06.240 --> 58:11.240]  No. Don't waste your time.
[58:12.240 --> 58:28.240]  Okay, apparently Larry does. Okay, hang on. We're about to go to break. This is Randy Kelton, Deborah Stevens with La Radio. I call in number 512-646-1984. We're going to our top of the hour break.
[58:28.240 --> 58:45.240]  We're going into our last hour, and we have Mark, Rosanna, and Rob. We will pick you up on the other side. I call in number 512-646-1984. We'll be right back.
[58:58.240 --> 59:13.240]  The New Testament Recovery Version is one of the most comprehensive study Bibles available today. It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.240 --> 59:27.240]  The free books are a three-volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the Church.
[59:27.240 --> 59:45.240]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:45.240 --> 01:00:00.240]  Or, visit us online at BFA.org.
[01:00:15.240 --> 01:00:40.240]  The Liberty Beat is asking for your support as we bring on two staff writers and work to expand our operations. Please support The Liberty Beat today by donating online at TheLibertyBeat.com slash donate, or in person at Brave New Books located at 1904 Guadalupe Street.
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[01:00:49.240 --> 01:00:56.240]  And now the news. Gun control. It's been one of the hottest political issues of 2013 and now it's coming to a city council near you.
[01:00:56.240 --> 01:01:12.240]  In late March, the Austin City Council passed a broadly worded illegal gun resolution that supports Mayor Leffingwell's membership in the Mayors Against Illegal Guns and more importantly organizes local law enforcement to collaborate with the federal government in tracking down and arresting people who bear so-called illegal guns.
[01:01:13.240 --> 01:01:17.240]  When asked about the initiative, this is what Austin Police Department Chief Art Acevedo had to say.
[01:01:17.240 --> 01:01:34.240]  I'm here today to defend the Second Amendment, to ensure that the Second Amendment is not hurt or is not curtailed as a result of our failure as a nation to take pragmatic steps to keep firearms out of the hands of criminals and people that are of sound mind.
[01:01:35.240 --> 01:01:40.240]  Former candidate for Travis County Constable Precinct 2, Michael Cargill, responded that
[01:01:40.240 --> 01:01:50.240]  The only thing they're trying to do here is make it harder for the law abiding citizen to purchase a firearm. They're not doing anything to cut down crime.
[01:01:51.240 --> 01:02:01.240]  Since enacting the resolution in Austin, Councilmember Mike Martinez and Austin Police Chief Art Acevedo have made visits to Washington D.C. to advocate for more severe gun control legislation.
[01:02:01.240 --> 01:02:14.240]  President Obama, in a speech on Thursday, claimed that the U.S. government has evidence that Syria is producing chemical weapons and that a military intervention in the near future may be needed.
[01:02:15.240 --> 01:02:22.240]  The remarks came before journalists in Turkey, where Obama was meeting with Turkish Prime Minister Recep Tayyip Erdogan to discuss foreign policy.
[01:02:22.240 --> 01:02:33.240]  The Turkish government has complained about border security and blamed Syria for violence after bombs went off in southern villages. However, the suspects, which were apprehended from those bomb attacks, were of Turkish origin.
[01:02:34.240 --> 01:02:39.240]  Some estimates conclude that violent unrest in Syria has resulted in the deaths of no fewer than 80,000 people in the past year.
[01:02:39.240 --> 01:02:51.240]  French President Francois Hollande spoke yesterday to reporters saying that Europe existed before Britain joined it, according to the Telegraph.
[01:02:51.240 --> 01:03:12.240]  The purpose of the speech was to highlight the need for Eurozone countries to unite economically under a plan propagated by the European Central Bank.
[01:03:12.240 --> 01:03:15.280]  Interesting demonstrate, wh Eternal
[01:03:35.280 --> 01:03:36.240]  O.K., we are back.
[01:03:36.240 --> 01:03:44.920]  Randy Kelton Davis-Stevens. Larry had to leave. His wife said he could not come out and play.
[01:03:44.920 --> 01:03:54.120]  Yeah, he didn't plan to stay all night, so. Okay, now we are going to go to Mark in Nevada.
[01:03:54.120 --> 01:03:56.320]  Hello, Mark.
[01:03:56.320 --> 01:04:00.400]  Hey, what's up? Randy, Due Process, Kelton. How you doing tonight?
[01:04:00.400 --> 01:04:06.080]  I am doing good. I'm aggravating everybody on the show.
[01:04:06.080 --> 01:04:15.280]  Yeah, Randy had to leave. You say, well, I mean, Larry, but Debra's still around, I hope,
[01:04:15.280 --> 01:04:21.680]  and I enjoyed listening to those last few callers. You know, we had Paul and that,
[01:04:21.680 --> 01:04:28.240]  but we talked last week. I'm here with Alex Gilly Dyer. He's visiting out here in Vegas.
[01:04:28.240 --> 01:04:33.840]  He's the baddest DJ in LA. I'm trying to convince him to come out here, but he was asking me,
[01:04:36.240 --> 01:04:41.040]  you know, he was the fact that he wanted me to talk to you a little bit about some things,
[01:04:41.040 --> 01:04:47.760]  but he'll have to call in on his own, because you and I talked last week, and you advised me,
[01:04:47.760 --> 01:04:56.000]  Mr. Kelton, to look into this difference in numbers on this refinement of deed of trust.
[01:04:56.000 --> 01:05:01.840]  I did exactly that. I went to the recording office, and they told me, and the lady was
[01:05:01.840 --> 01:05:06.000]  pretty blunt. She says, wow, it looks like fraud. That kind of blew me away, but she said,
[01:05:06.000 --> 01:05:10.400]  to talk to CoreLogic, who recorded the thing and talked to Bank of America.
[01:05:12.160 --> 01:05:17.280]  CoreLogic is one of the fraudulent paper mills.
[01:05:20.880 --> 01:05:21.440]  Who are they?
[01:05:21.440 --> 01:05:29.280]  Yeah, yeah, they're one of the primary, you had Doc X, and CoreLogic was the other primary one.
[01:05:30.720 --> 01:05:36.640]  And so how can I, does that have any value? Because I listen very intentionally.
[01:05:36.640 --> 01:05:43.680]  No, not necessarily in and of itself, because you can go to the court and say,
[01:05:43.680 --> 01:05:50.720]  oh, your honor, this is CoreLogic. They're a robo-signing company, and the judge is going to
[01:05:50.720 --> 01:05:58.080]  say, okay, so what evidence do you have that they did a robo-signing on your current documents?
[01:05:58.800 --> 01:05:59.200]  Right.
[01:05:59.920 --> 01:06:10.320]  So now we have tools to create the claim. And okay, what did you find in the court record?
[01:06:12.240 --> 01:06:18.880]  Well, that was then, what I found on that was on these two assignments, the document.
[01:06:18.880 --> 01:06:26.480]  No, no, wait, wait, wait, wait. What documents did you find? You find a warranty deed.
[01:06:26.480 --> 01:06:29.360]  What did you find filed after the warranty deed?
[01:06:31.680 --> 01:06:36.240]  Well, a warranty deed, do I have access to that? Because I got it.
[01:06:36.240 --> 01:06:42.880]  Absolutely. That is the document that you traded a note for.
[01:06:42.880 --> 01:06:49.040]  You traded them a promise to pay for a warranty deed that gave you ownership of the property.
[01:06:50.880 --> 01:06:57.760]  And at the same time, you gave them a promise to pay, you gave them a deed of trust
[01:06:59.680 --> 01:07:02.880]  that they could use to enforce your promise to pay.
[01:07:02.880 --> 01:07:11.440]  So you should have absolutely found a warranty deed and a deed of trust.
[01:07:12.640 --> 01:07:15.760]  Well, the deed of trust they sent me and the one other one I found
[01:07:15.760 --> 01:07:18.880]  is the original deed of trust, Mr. Calvin. That's all.
[01:07:18.880 --> 01:07:23.920]  Maybe, maybe. Do not trust what they sent you.
[01:07:24.800 --> 01:07:25.300]  Yeah.
[01:07:25.920 --> 01:07:28.720]  You need to get what is in the record.
[01:07:28.720 --> 01:07:31.280]  You need to get what is in the record.
[01:07:33.440 --> 01:07:40.160]  We have deeds of trust where a 10-year-old can look at it and see they whited out
[01:07:41.200 --> 01:07:45.840]  the signator's name and recopied the signature on the document.
[01:07:47.280 --> 01:07:50.560]  We have all kinds of problems with deeds of trust.
[01:07:50.560 --> 01:07:59.040]  So you do not want to trust the one they gave you at closing or one that they have sent you.
[01:07:59.040 --> 01:08:04.000]  You need to go and get a copy of what is actually in the court record.
[01:08:04.560 --> 01:08:08.240]  I do an evaluation on all the documentation in the court record.
[01:08:09.600 --> 01:08:14.880]  And the only way I can do that is I have to be able to say to the court,
[01:08:14.880 --> 01:08:21.040]  this document was filed in the court record on this day.
[01:08:22.320 --> 01:08:28.640]  And I have to have that document, not some supposed copy,
[01:08:28.640 --> 01:08:32.320]  but I need the clerk to give me a copy of that document.
[01:08:32.320 --> 01:08:36.640]  That way you can say definitively what is here and what's not here.
[01:08:38.400 --> 01:08:39.760]  What you want to look for.
[01:08:39.760 --> 01:08:45.280]  I think we talked about a number of issues on the deed of trust last time.
[01:08:46.960 --> 01:08:48.800]  Look at an assignment.
[01:08:50.720 --> 01:08:57.200]  If the assignment was done by MERS, then look at the date on the assignment.
[01:08:58.240 --> 01:09:00.320]  Yeah, I got two assignments last year.
[01:09:03.600 --> 01:09:04.400]  That brings me back.
[01:09:04.400 --> 01:09:08.080]  I think you were talking to a young man named Christian or Christopher earlier,
[01:09:08.080 --> 01:09:09.760]  very similar to my thing.
[01:09:09.760 --> 01:09:14.320]  You said that how can a defunct company do an assignment of deed of trust?
[01:09:14.320 --> 01:09:16.960]  Here's my question to you, due process.
[01:09:17.920 --> 01:09:20.240]  Okay, this is in MERS, right?
[01:09:20.240 --> 01:09:29.680]  So MERS, can MERS assign a deed of trust from a defunct company to this investor?
[01:09:29.680 --> 01:09:33.440]  In this case, it's the well-known New York Bank of Mellon, okay?
[01:09:34.480 --> 01:09:34.980]  No.
[01:09:34.980 --> 01:09:36.960]  I got two of them, right?
[01:09:36.960 --> 01:09:38.640]  Okay, this one's easy.
[01:09:38.640 --> 01:09:40.640]  Absolutely not.
[01:09:40.640 --> 01:09:41.920]  Well, they can.
[01:09:41.920 --> 01:09:43.520]  It's just void.
[01:09:43.520 --> 01:09:51.120]  Now, this is the kind of thing you take to the court on a petition for declaratory judgment.
[01:09:53.280 --> 01:09:56.880]  This is relatively easy for a judge to wrap his head around.
[01:09:58.800 --> 01:10:04.080]  Tell the judge, they filed this document in the record, but this document on its face,
[01:10:04.080 --> 01:10:08.240]  by looking within the four corners of this document,
[01:10:09.120 --> 01:10:13.200]  it's clear on its face that this document is void.
[01:10:14.400 --> 01:10:18.480]  That's real easy for a judge to do, and it doesn't change the world he lives in.
[01:10:19.360 --> 01:10:21.520]  And that's bushwhack.
[01:10:21.520 --> 01:10:22.020]  Right.
[01:10:22.020 --> 01:10:26.000]  We don't want to get into, and even when we're starting to talk about, you know,
[01:10:26.000 --> 01:10:30.960]  these things like previously or the stuff that the young man called earlier about.
[01:10:30.960 --> 01:10:42.080]  Bifurcation, securitization, we'll go there if we have to, or if it helps us to support
[01:10:42.080 --> 01:10:45.680]  a claim of a violation of the deed of trust.
[01:10:45.680 --> 01:10:53.920]  The only time I care to go to securitization or bifurcation is, it generally comes up in
[01:10:53.920 --> 01:11:06.640]  Covenant 20, and Covenant 20 says that the lender is authorized to sell a portion of
[01:11:06.640 --> 01:11:16.400]  the note or the entire note, then in brackets, together with this security instrument.
[01:11:16.400 --> 01:11:24.240]  And this security instrument means the deed of trust that you're reading.
[01:11:24.240 --> 01:11:33.440]  So the only time I need a securities audit is, say I have a lender with one name, and
[01:11:33.440 --> 01:11:38.800]  then I have somebody send me a notice that I'm supposed to pay them, and it's got
[01:11:38.800 --> 01:11:39.920]  another name on it.
[01:11:39.920 --> 01:11:48.000]  And I look in the court record, and I don't see anything in the record assigning authority
[01:11:48.000 --> 01:11:49.280]  to this third party.
[01:11:49.280 --> 01:11:49.780]  Yes.
[01:11:49.780 --> 01:11:58.960]  And if I can't find anything else to support my position, then I say, okay, now I need
[01:11:58.960 --> 01:12:06.560]  to be able to show that this note was, I have evidence it was sold to a third party, because
[01:12:06.560 --> 01:12:10.880]  it was sold to a third party, because I got a third party trying to collect from me.
[01:12:11.840 --> 01:12:16.960]  So now I need evidence to prove that it was sold to a third party, so I can go back to
[01:12:16.960 --> 01:12:28.800]  paragraph 20 and say to the court, at closing, I issued to the borrower, I'm sorry, to
[01:12:28.800 --> 01:12:38.880]  the lender a deed of trust wherein I granted to the lender the privilege of a claim against
[01:12:38.880 --> 01:12:47.600]  my property and the privilege of a confessed judgment against my property, under certain
[01:12:47.600 --> 01:12:55.360]  conditions and stipulations, one of which was that while I authorized the lender to
[01:12:55.360 --> 01:13:03.040]  sell a portion of the note or the entire note, I only authorized him to do that if he did
[01:13:03.040 --> 01:13:09.520]  that together with the security instrument, and he failed to do that, so I make the claim
[01:13:09.520 --> 01:13:11.440]  under breach of contract.
[01:13:12.400 --> 01:13:14.160]  What else happened to that note?
[01:13:14.960 --> 01:13:16.240]  I don't care.
[01:13:16.240 --> 01:13:17.440]  Doesn't make any difference.
[01:13:18.560 --> 01:13:22.000]  Yeah, well, check this out, Mr. Carson, it went like this, okay?
[01:13:22.000 --> 01:13:27.040]  We got, boom, a republic mortgage, origination company, Countrywide, they're behind them.
[01:13:27.040 --> 01:13:30.080]  Of course, they were my first billing statement, okay, in March.
[01:13:30.080 --> 01:13:31.360]  Okay, stop, stop, stop, stop.
[01:13:32.320 --> 01:13:35.760]  Countrywide, what was the company, the mortgage company?
[01:13:36.720 --> 01:13:40.480]  Origination was republic mortgage, mom and pop here in Vegas.
[01:13:40.480 --> 01:13:45.760]  Okay, even if Countrywide bought republic mortgage.
[01:13:46.560 --> 01:13:46.960]  Yes, sir.
[01:13:47.680 --> 01:13:48.720]  Makes no difference.
[01:13:48.720 --> 01:13:55.680]  A republic mortgage would have to file a, to have to transfer the deed of trust to Countrywide.
[01:13:56.800 --> 01:14:01.760]  Because you said those together, I got the impression you were indicating that they were
[01:14:01.760 --> 01:14:03.600]  somehow the same company, was I?
[01:14:03.600 --> 01:14:05.760]  I think they were kind of a front company.
[01:14:05.760 --> 01:14:08.880]  I may be wrong, but I think Countrywide had those all over the country.
[01:14:08.880 --> 01:14:14.800]  Okay, okay, even if they are a front, one's a front company for the other, because they
[01:14:14.800 --> 01:14:16.240]  have different names?
[01:14:16.880 --> 01:14:17.360]  Yes, sir.
[01:14:17.360 --> 01:14:22.480]  Okay, understand what that public record is for.
[01:14:24.480 --> 01:14:26.080]  I'll give you a little example.
[01:14:26.880 --> 01:14:32.080]  I live here in Texas, and a friend of mine was being foreclosed on, and I sold him a
[01:14:32.080 --> 01:14:34.720]  business that I had, and he never paid me for it.
[01:14:35.600 --> 01:14:39.840]  So I said, okay, we may be able to stop these guys with that business sale.
[01:14:39.840 --> 01:14:43.280]  So I went down to the county record, and I looked in the record.
[01:14:43.280 --> 01:14:48.880]  All the filings now are electronic, so I can't go to the books and pull the actual pages.
[01:14:50.000 --> 01:14:52.960]  So I ran his name, I found nothing.
[01:14:54.640 --> 01:15:04.320]  So I went to the clerk, and I said, this person owns a piece of property at this location.
[01:15:04.320 --> 01:15:12.160]  Will you do a search for me and see what you find in terms of claims against the property
[01:15:12.160 --> 01:15:14.000]  after this date?
[01:15:14.000 --> 01:15:16.960]  And it was the date of the warranty deed filed in the record.
[01:15:18.240 --> 01:15:24.560]  The clerk came back and said, gave me a list of what he found, which was nothing.
[01:15:26.560 --> 01:15:33.440]  I had him put the amount that he charged me for that, and initial on it that I paid for
[01:15:33.440 --> 01:15:33.920]  it.
[01:15:34.800 --> 01:15:38.800]  They don't certify these searches, you can't get a certified copy.
[01:15:38.800 --> 01:15:44.320]  You can't get a certified copy, but if you have him put the amount he charges you and
[01:15:44.320 --> 01:15:49.520]  initial the date that you paid it, you can call him into court and say, do you recognize
[01:15:49.520 --> 01:15:50.320]  this document?
[01:15:51.200 --> 01:15:52.480]  And he'll say, yes, I do.
[01:15:52.480 --> 01:15:56.480]  How do you know what this document is?
[01:15:56.480 --> 01:15:58.560]  Well, it has my initials on it right there.
[01:15:58.560 --> 01:16:04.800]  So you can verify that this document's valid that he created and all that blah, blah, blah.
[01:16:04.800 --> 01:16:07.200]  Okay, so we got one of those.
[01:16:07.200 --> 01:16:08.880]  Yeah, well.
[01:16:09.440 --> 01:16:10.560]  Okay, hold on, hold on.
[01:16:10.560 --> 01:16:13.280]  So we're probably more or less countrywide, so let's stay countrywide.
[01:16:13.280 --> 01:16:14.080]  Wait, wait, wait, wait, wait.
[01:16:14.080 --> 01:16:14.400]  Stop.
[01:16:14.400 --> 01:16:15.120]  Let me finish this.
[01:16:16.560 --> 01:16:18.320]  This is important to understand.
[01:16:19.120 --> 01:16:19.440]  Okay.
[01:16:20.000 --> 01:16:28.320]  Subsequently, he went back and found the deed of trust by JP Morgan Chase filed under his
[01:16:28.320 --> 01:16:29.120]  wife's name.
[01:16:29.120 --> 01:16:37.760]  So I go to the court, say, Your Honor, I have a claim against the property filed on this
[01:16:37.760 --> 01:16:38.080]  date.
[01:16:38.080 --> 01:16:43.600]  On this date, I checked the record and there was no claim against the property.
[01:16:43.600 --> 01:16:46.720]  And I have a right to trust what I see in there.
[01:16:47.440 --> 01:16:51.040]  That's why what we look at is really, really important.
[01:16:51.040 --> 01:16:51.680]  Hang on.
[01:16:51.680 --> 01:16:52.560]  We'll be right back.
[01:16:52.560 --> 01:16:58.560]  Randy Calton, Deborah Stevens, 512-646-1984. We'll be right back.
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[01:18:59.840 --> 01:19:08.800]  This is the Logos Radio Network.
[01:19:29.840 --> 01:19:48.800]  If I can't get everything I want, I need to get a range of things
[01:19:48.800 --> 01:19:59.760]  If I can't get everything I need, I need to get a range of things
[01:19:59.760 --> 01:20:11.520]  If the people of the world can get happiness and peace, I need to get a range of things
[01:20:11.520 --> 01:20:20.720]  If we can't get all these crazy wars to cease, I need to get a range of things
[01:20:20.720 --> 01:20:22.320]  Okay, we are back.
[01:20:22.320 --> 01:20:26.880]  Randy Kelton, Deborah Stevens, Rule of Law Radio, and Mark.
[01:20:26.880 --> 01:20:34.080]  Apparently, my producer tells me we're having a problem with you being able to hear me well
[01:20:34.080 --> 01:20:39.280]  because you keep talking over me so you apparently can't hear what I'm saying.
[01:20:39.280 --> 01:20:45.520]  And that kind of causes a problem because when I'm talking, we have equipment here
[01:20:45.520 --> 01:20:53.680]  that if sound is coming out of my mic, it'll push yours down so nobody can hear you anyway.
[01:20:54.560 --> 01:21:00.880]  So try to be careful with that and turn your headset up so you can hear me better.
[01:21:00.880 --> 01:21:08.480]  Okay, and where we were, what I was going to is something important to understand about the record.
[01:21:09.040 --> 01:21:18.240]  The reason the record has to be correct and the reason that the courts have a stake in having an
[01:21:18.240 --> 01:21:26.240]  accurate record is when somebody like me comes down to the county record and I'm contemplating
[01:21:26.240 --> 01:21:36.080]  I'm contemplating creating a claim against a person based on granting him some privilege,
[01:21:36.080 --> 01:21:38.640]  some credit, like in this case, I sold him a business.
[01:21:39.840 --> 01:21:43.520]  So I looked in the court record and I found no claim in the court record.
[01:21:43.520 --> 01:21:45.280]  So I said, okay, we'll make this deal.
[01:21:46.000 --> 01:21:51.280]  And I dropped in this, this lien against the property.
[01:21:51.280 --> 01:21:52.560]  I dropped in a mechanic's lien.
[01:21:52.560 --> 01:22:00.800]  And then he comes back a month later and he finds the, a lien filed in his wife's name.
[01:22:00.800 --> 01:22:05.040]  Well, the problem was the property belonged to him before he got married.
[01:22:06.640 --> 01:22:10.000]  So, you know, who has a problem here?
[01:22:10.880 --> 01:22:14.320]  I have a right to trust what I find in the court record.
[01:22:14.320 --> 01:22:21.920]  And if the clerk can't find a claim against the property, it's not properly filed.
[01:22:22.560 --> 01:22:24.560]  Now, I don't care who didn't properly file it.
[01:22:24.560 --> 01:22:28.560]  I don't care if it was a clerk or if it was JP Morgan Chase.
[01:22:29.440 --> 01:22:32.480]  I only care that I checked the record.
[01:22:32.480 --> 01:22:33.360]  I couldn't find it.
[01:22:33.360 --> 01:22:36.960]  So this is what we look for when we look in the record.
[01:22:36.960 --> 01:22:49.600]  Would the record give a third party a full disclosure of the current state of claim against
[01:22:49.600 --> 01:22:53.760]  the property, or would it be misleading?
[01:22:54.800 --> 01:22:57.520]  There would be a misleading, Randy, and here's why.
[01:22:58.400 --> 01:23:03.680]  On one of them, there's two assignments that need to trust filed in 2012.
[01:23:03.680 --> 01:23:08.640]  There's two assignments that need to trust filed in 2012, one in April and one in July.
[01:23:09.360 --> 01:23:16.480]  On the one in April, which is assignment of deed of trust to the Bank of New York,
[01:23:16.480 --> 01:23:18.640]  Mellon Alternative Loan Trust.
[01:23:18.640 --> 01:23:20.560]  So that would be the first loan.
[01:23:21.120 --> 01:23:22.160]  This one's correct.
[01:23:22.160 --> 01:23:30.080]  It says original loan amount, $352,000, and it has a document number.
[01:23:30.880 --> 01:23:32.000]  Okay, wait, wait.
[01:23:32.000 --> 01:23:33.600]  Who did the assignment?
[01:23:34.960 --> 01:23:42.480]  Assignment was done by MERS, or the address is-
[01:23:42.480 --> 01:23:46.240]  Okay, MERS acting as nominee for who?
[01:23:48.720 --> 01:23:51.120]  They're acting, well, it doesn't say that.
[01:23:51.120 --> 01:23:52.080]  It would have said this.
[01:23:52.800 --> 01:23:58.560]  For value received, undersigned holder of the deed of trust herein the signer, whose
[01:23:58.560 --> 01:24:04.800]  address is 1901 East Verheuver Street, Suite C, Danville, Illinois, which I believe is
[01:24:04.800 --> 01:24:06.480]  a MERS address, does hereby-
[01:24:06.480 --> 01:24:08.240]  That is a MERS address.
[01:24:08.880 --> 01:24:09.280]  Yeah.
[01:24:09.280 --> 01:24:13.440]  Does hereby grant, sell, assign, transfer, and convey onto the New York-
[01:24:13.440 --> 01:24:14.000]  Okay, wait, wait.
[01:24:14.000 --> 01:24:15.040]  You don't need to read all of that.
[01:24:15.040 --> 01:24:15.360]  Okay.
[01:24:15.360 --> 01:24:21.760]  It's saying that MERS did the transfer as mortgagee.
[01:24:21.760 --> 01:24:31.280]  Okay, hold on, hold on.
[01:24:33.040 --> 01:24:37.280]  This mom and pop mortgage company, is it still in business?
[01:24:37.920 --> 01:24:40.880]  No, sir, it's gone, so when Countrywide went down, they were gone.
[01:24:41.440 --> 01:24:41.840]  Okay.
[01:24:41.840 --> 01:24:42.960]  How long ago was that?
[01:24:42.960 --> 01:24:44.160]  That 2010?
[01:24:44.880 --> 01:24:48.160]  Well, Countrywide went down, I believe, in 2008.
[01:24:48.720 --> 01:24:49.440]  Eight, okay.
[01:24:49.440 --> 01:24:59.040]  Okay, so MERS could not do an assignment as nominee for the lender because the lender
[01:24:59.040 --> 01:25:00.080]  didn't exist anymore.
[01:25:01.520 --> 01:25:06.880]  Go back and look at the deed of trust, see if it was signed by the lender, which I'm
[01:25:06.880 --> 01:25:08.160]  be certain that it wasn't.
[01:25:09.040 --> 01:25:09.680]  No, it wasn't.
[01:25:09.680 --> 01:25:13.840]  It was signed by a Christopher, her known role will sign her assistant secretary.
[01:25:13.840 --> 01:25:15.520]  No, wait, hold on, stop, stop.
[01:25:15.520 --> 01:25:21.120]  Deed of trust, not assignment of deed of trust.
[01:25:21.120 --> 01:25:23.840]  No, no, no, not assignment of deed of trust.
[01:25:23.840 --> 01:25:26.480]  Go back to the original deed of trust.
[01:25:28.160 --> 01:25:37.200]  The original deed of trust purports to nominate MERS as an agent for the lender.
[01:25:39.280 --> 01:25:41.840]  That is not a power you had.
[01:25:42.560 --> 01:25:44.000]  Deed of trust, okay.
[01:25:44.000 --> 01:25:45.760]  Wait, you're talking over me again, hold on.
[01:25:49.120 --> 01:25:58.320]  The deed of trust, you had the power in the deed of trust to transfer the legal title
[01:25:58.320 --> 01:26:04.720]  to the property to a trustee or to MERS or to anybody else because you held legal title.
[01:26:06.400 --> 01:26:11.120]  You did not have the power to decide who the agent for the lender would be.
[01:26:11.120 --> 01:26:17.360]  I can't go to Wells Fargo bank and fire their lawyer and hire the lawyer I want.
[01:26:18.560 --> 01:26:20.400]  Only Wells Fargo can do that.
[01:26:20.400 --> 01:26:28.720]  So when you look at the deed of trust that you signed, you signed it and affirmed all
[01:26:28.720 --> 01:26:34.160]  of the grants that you made in the deed of trust.
[01:26:35.280 --> 01:26:35.600]  Yes.
[01:26:35.600 --> 01:26:43.440]  The grant of authority to represent the lender is something the lender would have to do.
[01:26:44.800 --> 01:26:49.120]  So they needed to affirm the appointment of MERS and they didn't do it.
[01:26:50.240 --> 01:26:51.520]  Well, in this case they did.
[01:26:51.520 --> 01:26:52.960]  Now I'm looking at the right document.
[01:26:52.960 --> 01:26:54.400]  My bad, Randy, it's this.
[01:26:54.400 --> 01:26:58.400]  Deed of trust, Mark Connolly, a married man in his sole and separate property.
[01:26:58.400 --> 01:27:04.400]  Oh, and by the way, the way they did it was they took my life's income and put it all
[01:27:04.400 --> 01:27:07.680]  on me as a family income and had me deed her off.
[01:27:09.680 --> 01:27:10.080]  Okay.
[01:27:10.080 --> 01:27:11.120]  That's a different issue.
[01:27:12.160 --> 01:27:16.960]  Did the lender, did this mortgage company sign the deed of trust?
[01:27:18.320 --> 01:27:18.560]  Yeah.
[01:27:18.560 --> 01:27:23.520]  This mortgage company, which is now defunct, is a lender and they're here.
[01:27:24.080 --> 01:27:26.560]  I don't see a signature, but they're C.
[01:27:26.560 --> 01:27:26.960]  No, no.
[01:27:26.960 --> 01:27:31.440]  There has to be a signature, has to be a signature in front of the notary.
[01:27:33.040 --> 01:27:33.600]  Okay.
[01:27:33.600 --> 01:27:35.600]  Let me look back here and see what we got.
[01:27:36.560 --> 01:27:36.720]  Yeah.
[01:27:36.720 --> 01:27:40.880]  You'll have a section there where your name is underneath it.
[01:27:40.880 --> 01:27:42.480]  There'll be a place for the lender.
[01:27:43.360 --> 01:27:44.800]  No lender here, bro.
[01:27:45.520 --> 01:27:46.000]  Good.
[01:27:46.000 --> 01:27:47.360]  That's what we wanted to find.
[01:27:48.480 --> 01:27:49.840]  I've never seen one.
[01:27:49.840 --> 01:27:50.480]  I'm sorry.
[01:27:50.480 --> 01:27:52.720]  I saw one where the lender actually signed it.
[01:27:54.880 --> 01:28:01.040]  So I have seen it has been done for 200 years of our history.
[01:28:01.040 --> 01:28:09.200]  The lender did not have to sign because all of the concessions were given by the borrower.
[01:28:10.000 --> 01:28:18.240]  But when MERS was added to the mixed, the lender had to concede to authorize MERS to act as their
[01:28:18.240 --> 01:28:18.640]  agent.
[01:28:19.200 --> 01:28:25.360]  So that meant the lender had to sign it, but they missed that little detail.
[01:28:25.360 --> 01:28:32.000]  Oh, I'm looking at every page now because on page two or three is where it goes, you
[01:28:32.000 --> 01:28:32.640]  know, to MERS.
[01:28:32.640 --> 01:28:36.560]  I mean, obviously it's the lender to me, right?
[01:28:36.560 --> 01:28:41.360]  Then I go to second page and it says, you know, this is paragraph E. MERS is and tells
[01:28:41.360 --> 01:28:42.480]  me what they are.
[01:28:42.480 --> 01:28:46.000]  They're a nominee for lender, lender's successors and assigns, right?
[01:28:46.000 --> 01:28:47.360]  Beneficiary is here.
[01:28:47.360 --> 01:28:47.600]  Okay.
[01:28:47.600 --> 01:28:49.360]  Then it talks about how much it's for.
[01:28:50.880 --> 01:28:51.200]  Okay.
[01:28:51.200 --> 01:28:51.440]  Okay.
[01:28:51.440 --> 01:28:51.840]  Hold on.
[01:28:51.840 --> 01:29:02.640]  Go down probably two pages to the assignment of property rights, your transfer of property
[01:29:02.640 --> 01:29:03.440]  rights.
[01:29:03.440 --> 01:29:03.760]  Okay.
[01:29:03.760 --> 01:29:05.600]  Transfer of rights in the property.
[01:29:05.600 --> 01:29:11.600]  The beneficiary of the secretary instrument is MERS and its successors and its signs of
[01:29:11.600 --> 01:29:12.000]  MERS.
[01:29:13.040 --> 01:29:14.080]  Yeah, it sure is.
[01:29:14.800 --> 01:29:15.200]  Okay.
[01:29:15.200 --> 01:29:15.760]  Hold on.
[01:29:16.560 --> 01:29:20.400]  Now drop down to the next written paragraph.
[01:29:20.400 --> 01:29:24.160]  Under the paragraph you're looking at, there'll be a description of the property or the address
[01:29:24.800 --> 01:29:25.760]  right under that.
[01:29:25.760 --> 01:29:28.640]  A paragraph that starts with together with read that one.
[01:29:29.360 --> 01:29:33.280]  Together with all the improvements now and here after erected on the property and all
[01:29:33.280 --> 01:29:38.400]  these notes that my church and fixtures now and therefore a part of the property, all
[01:29:38.400 --> 01:29:40.000]  replacements and additions shall.
[01:29:40.000 --> 01:29:40.240]  Okay.
[01:29:40.240 --> 01:29:40.560]  Hold on.
[01:29:40.560 --> 01:29:40.880]  Hold on.
[01:29:40.880 --> 01:29:41.840]  We're running out of time.
[01:29:41.840 --> 01:29:43.360]  We'll pick it up on the other side.
[01:29:43.360 --> 01:29:46.720]  This is Randy Kelton, Deborah Stevens, WU Law Radio.
[01:29:46.720 --> 01:29:51.440]  We'll be right back.
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[01:33:02.400 --> 01:33:08.560]  You are listening to the Logos Radio Network, LogosRadioNetwork.com.
[01:33:32.400 --> 01:33:45.920]  Okay, we are back.
[01:33:45.920 --> 01:33:50.640]  Randy Kelton, Deborah Stevens, and Mark, I really need to move ahead.
[01:33:51.680 --> 01:33:54.880]  We don't have time to go through all of the issues there.
[01:33:55.600 --> 01:33:58.400]  I could spend about eight hours on those issues.
[01:33:58.400 --> 01:34:03.280]  Yeah, well, look at what you just opened my eyes up to, though.
[01:34:03.280 --> 01:34:10.800]  And what I'm going to call back next time, right, will be the difference because MERS
[01:34:10.800 --> 01:34:14.800]  in the first mortgage, you know, of course, this is an 80-20 countrywide mortgage that
[01:34:14.800 --> 01:34:16.640]  we got in December of 2005.
[01:34:17.200 --> 01:34:22.000]  And what I'm saying is on the 20, I was just looking at it during the break, it doesn't
[01:34:22.000 --> 01:34:23.600]  have MERS involved in it.
[01:34:23.600 --> 01:34:24.160]  I don't care.
[01:34:24.160 --> 01:34:25.520]  No, you know, it doesn't need it.
[01:34:25.520 --> 01:34:30.240]  But on the 20, they will never foreclose on that one anyway.
[01:34:31.120 --> 01:34:33.280]  They'll only foreclose on the first one.
[01:34:33.280 --> 01:34:39.120]  But that paragraph you were reading, it will go on to say that you understand that MERS
[01:34:39.120 --> 01:34:43.280]  is not the beneficiary, but only holds legal title.
[01:34:45.600 --> 01:34:50.960]  That's really important because in order for that document to be a trust document,
[01:34:50.960 --> 01:34:54.960]  the trustee must hold legal title.
[01:34:56.160 --> 01:35:04.160]  If MERS is an agent for the lender and MERS holds legal title, it's a grant, it's not
[01:35:04.160 --> 01:35:11.760]  a trust, and it would be specifically in violation of Texas law.
[01:35:12.480 --> 01:35:17.760]  And I haven't found the statute in California, but it's almost certainly a violation of
[01:35:17.760 --> 01:35:26.640]  California law, and you might look in Nevada, since Nevada is a deed of trust state, it
[01:35:26.640 --> 01:35:34.000]  is the intent in a deed of trust state that the lender not have you transfer your property
[01:35:34.000 --> 01:35:38.640]  to the lender, but rather you transfer it to a third party to hold in trust.
[01:35:39.360 --> 01:35:42.080]  So there's probably going to be a restriction on that.
[01:35:42.080 --> 01:35:48.320]  I think from reading the deed of trust, that whoever they got to construct that was high
[01:35:48.320 --> 01:35:48.880]  on coke.
[01:35:49.920 --> 01:35:50.640]  Yeah, really.
[01:35:50.640 --> 01:35:52.320]  Well, here's what it says.
[01:35:52.320 --> 01:35:56.560]  All the foregoing is referred to in the security instrument as the property.
[01:35:56.560 --> 01:36:03.680]  Ball understands, that's me of course, and I agree that MERS holds only legal title to
[01:36:03.680 --> 01:36:09.120]  the interest granted by borrower in the security instrument, but if necessary to comply with
[01:36:09.120 --> 01:36:15.360]  laws or customs, MERS, as nominee for lender and lender's successors and as signed, has
[01:36:15.360 --> 01:36:19.360]  the right to exercise any and all of these interests, including, but not limited to the
[01:36:19.360 --> 01:36:24.080]  right to foreclose and sell the property and to take action required of lender, including,
[01:36:24.080 --> 01:36:28.160]  but not limited to releasing and canceling the security of the instrument.
[01:36:29.040 --> 01:36:29.440]  Right.
[01:36:29.440 --> 01:36:30.240]  Okay, hold on.
[01:36:30.240 --> 01:36:37.040]  The right to foreclose was intended to be in the hands of the trustees.
[01:36:37.040 --> 01:36:43.440]  That's why they appoint a substitute trustee to do the foreclosure, not MERS.
[01:36:45.200 --> 01:36:48.480]  The deed of trust is void.
[01:36:48.480 --> 01:36:50.880]  Yeah, so what's that?
[01:36:50.880 --> 01:36:54.320]  Because of some kind of ruling that they said, wait a minute, MERS-
[01:36:54.320 --> 01:36:56.480]  Okay, look, hold on, hold on.
[01:36:57.360 --> 01:37:06.400]  Look in Nevada law to see if you can find a restriction against a lender who is not
[01:37:06.400 --> 01:37:10.880]  a lender requiring a borrower to transfer the property to the lender.
[01:37:13.120 --> 01:37:21.600]  And in any case, this was intended to be a deed of trust, and it is no such thing.
[01:37:22.960 --> 01:37:30.160]  Even if there isn't a restriction on it, on forcing the borrower to transfer the property
[01:37:30.160 --> 01:37:34.480]  to the lender, it's still not what it's purported to be.
[01:37:34.480 --> 01:37:38.720]  The lender brought that document to the table, not the borrower.
[01:37:39.360 --> 01:37:42.640]  The lender had it constructed to what the lender wanted,
[01:37:44.080 --> 01:37:48.240]  and the document is not what the lender claimed that it was.
[01:37:49.040 --> 01:37:51.520]  It's a grant, it is not a trust.
[01:37:51.520 --> 01:37:53.280]  Okay, I really have to move on.
[01:37:53.280 --> 01:37:56.400]  I got three more callers and only a segment and a half.
[01:37:56.400 --> 01:37:58.480]  Real fast, real fast, Randy.
[01:37:58.480 --> 01:38:06.560]  But when you said there's no signature here from the lender, from MERS, what does that
[01:38:06.560 --> 01:38:07.360]  mean, right?
[01:38:07.360 --> 01:38:15.760]  That means that MERS was never appointed as the nominee for the lender, because that's
[01:38:15.760 --> 01:38:20.960]  something the lender would have to do, and they did not affirm the nomination.
[01:38:22.560 --> 01:38:27.360]  So they're claiming it's something, but they would need to have signed it for it to
[01:38:27.360 --> 01:38:28.320]  be that, right?
[01:38:28.960 --> 01:38:29.760]  Exactly.
[01:38:31.600 --> 01:38:36.240]  Ask the judge, you loan me money to buy a house with, you want me to write you a deed
[01:38:36.240 --> 01:38:40.560]  of trust, and I say, sure, I'll do that, but I don't want you collecting money.
[01:38:40.560 --> 01:38:42.080]  I don't want you getting paid back.
[01:38:42.080 --> 01:38:48.960]  I want this other guy to be the beneficiary over here, and I don't want your lawyer
[01:38:48.960 --> 01:38:49.920]  to represent you.
[01:38:49.920 --> 01:38:53.360]  I want my brother-in-law, he's a lawyer, I want him to represent you.
[01:38:53.360 --> 01:39:00.000]  What power would I have to hire my brother-in-law to act as your lawyer for you?
[01:39:02.480 --> 01:39:05.520]  That's exactly what that document says.
[01:39:06.960 --> 01:39:14.400]  If they claim that MERS has authority, then the borrower decided who the agent would be
[01:39:14.400 --> 01:39:15.200]  for the lender.
[01:39:16.880 --> 01:39:22.000]  He doesn't have that power, only the lender does, the lender would have had to sign the
[01:39:22.000 --> 01:39:23.440]  contract.
[01:39:23.440 --> 01:39:24.800]  Okay, I really need to move ahead.
[01:39:24.800 --> 01:39:28.640]  We got three more callers and just a segment and a half left.
[01:39:31.280 --> 01:39:32.800]  Call us back next week, Mark.
[01:39:33.440 --> 01:39:34.640]  We may need to move ahead.
[01:39:34.640 --> 01:39:35.140]  Okay.
[01:39:36.240 --> 01:39:39.200]  We're going to Rosanna in Ohio.
[01:39:41.200 --> 01:39:42.000]  Hello, Rosanna.
[01:39:42.880 --> 01:39:44.080]  Hi, Randy.
[01:39:44.960 --> 01:39:45.440]  Howdy.
[01:39:45.440 --> 01:39:46.880]  What do you have for us tonight?
[01:39:47.600 --> 01:39:49.920]  Well, I've talked to you a couple months ago.
[01:39:49.920 --> 01:39:55.440]  And it was about a probate issue with the murder of my mother and the guardianship of
[01:39:55.440 --> 01:39:57.920]  my father that was needed six years ago.
[01:39:57.920 --> 01:40:00.960]  And this judge has drugged it out for so many years.
[01:40:00.960 --> 01:40:06.400]  We got a new judge, and I mean these people stall, continue, stall, continue, you know,
[01:40:06.400 --> 01:40:07.200]  Richie.
[01:40:07.200 --> 01:40:12.160]  Anyway, you were telling me to go ahead and file criminal charges on these people because
[01:40:12.160 --> 01:40:15.120]  there's a quarter of a million dollars missing out on my parents' estate now.
[01:40:15.120 --> 01:40:19.120]  And my father's in the nursing home trying to kill himself.
[01:40:19.120 --> 01:40:21.120]  It's a really bad situation.
[01:40:21.120 --> 01:40:28.080]  Anyway, I want to know, okay, I'm calling in because when I found out about your, you
[01:40:28.080 --> 01:40:37.440]  know, show, I found on your website, it only has about 40 minutes of a conference, a judicial
[01:40:37.440 --> 01:40:42.080]  conference in a hot, well, I don't know where it was at, but it was for a lot of states
[01:40:42.080 --> 01:40:46.160]  throughout the country.
[01:40:46.160 --> 01:40:51.760]  Montana's in it, Moyer's in it from Ohio, all these chief justices and everything.
[01:40:52.480 --> 01:40:58.720]  It was a summit, a conference on the common law movement, the patriot movement.
[01:40:58.720 --> 01:40:59.840]  And you-
[01:40:59.840 --> 01:41:09.600]  Out of Ohio, where the judges, where a federal judge assured the local judges, if you screw
[01:41:09.600 --> 01:41:13.760]  the pro se, we will uphold your screwing.
[01:41:16.080 --> 01:41:18.880]  I don't know about that, but this is, you've got it on your website.
[01:41:18.880 --> 01:41:19.440]  Yes.
[01:41:19.440 --> 01:41:21.200]  It cuts off, but it cuts off.
[01:41:22.000 --> 01:41:29.920]  I have now in my possession, as of a couple of days ago, I have the whole of that.
[01:41:29.920 --> 01:41:31.040]  It's a video too.
[01:41:32.320 --> 01:41:35.360]  It's three hours long and you ought to hear this.
[01:41:35.360 --> 01:41:41.120]  Mike Reynolds is in this from the, he starts this on your blog, that's how I found out
[01:41:41.120 --> 01:41:41.680]  about this.
[01:41:41.680 --> 01:41:47.760]  Mike Reynolds starts it from the Southern Poverty Law Center, you know, talking about
[01:41:47.760 --> 01:41:52.880]  all of us, he's talking about us, you and me and all of us, and how we're a militia
[01:41:52.880 --> 01:42:01.360]  group and we're going, we're terrorists and we are, you know, we're coming after
[01:42:01.360 --> 01:42:08.160]  him. And then, I got these names, James Reynolds from the FBI gets on there, talks to the end.
[01:42:08.880 --> 01:42:11.360]  Chief Justice Moyer is on there talking.
[01:42:11.360 --> 01:42:14.080]  They're talking about us, common law people.
[01:42:14.080 --> 01:42:16.800]  They're talking about the lean, the affidavit.
[01:42:18.080 --> 01:42:19.440]  This is amazing.
[01:42:19.440 --> 01:42:21.920]  I was so shocked to listen to this.
[01:42:23.040 --> 01:42:26.560]  You need to post the whole of this on your site.
[01:42:27.120 --> 01:42:28.560]  We need this video up.
[01:42:28.560 --> 01:42:29.920]  We need this going viral.
[01:42:29.920 --> 01:42:31.360]  Will you send it to me?
[01:42:31.360 --> 01:42:33.040]  I will definitely post it.
[01:42:34.000 --> 01:42:39.200]  Okay, I will because I mean, I'm just, I'm rattling with all this in my head.
[01:42:39.200 --> 01:42:44.400]  He's talking about the citizen's identity and the sovereign citizen and how all of us
[01:42:44.400 --> 01:42:48.000]  come into their court as common people and blah, blah, blah.
[01:42:48.000 --> 01:42:51.520]  And I'm saying that I am so agreed by those people.
[01:42:51.520 --> 01:42:54.960]  My mother's in his grave with no justice for her murder.
[01:42:54.960 --> 01:42:56.640]  She has no headstone.
[01:42:56.640 --> 01:42:59.040]  My father's been abused for six years.
[01:42:59.040 --> 01:43:02.160]  My brother was arrested last September.
[01:43:02.160 --> 01:43:05.360]  He is a suspect at my mother's death and the abuser.
[01:43:05.360 --> 01:43:08.000]  They have since stole a quarter of a million dollars.
[01:43:08.000 --> 01:43:09.280]  I mean, this is a racket.
[01:43:11.280 --> 01:43:13.440]  My family has been so aggrieved.
[01:43:13.440 --> 01:43:15.600]  We've done nothing wrong, Landy.
[01:43:16.880 --> 01:43:22.800]  And they've done all this to us and they talk about us like we are some kind of vigilante
[01:43:22.800 --> 01:43:24.880]  group and I am just disgusted by this.
[01:43:25.840 --> 01:43:28.160]  Well, you know, they're criminals.
[01:43:28.160 --> 01:43:30.400]  This is what we have to expect from them.
[01:43:31.760 --> 01:43:33.680]  Don't expect any quarter.
[01:43:33.680 --> 01:43:35.120]  Don't give them any quarter.
[01:43:35.120 --> 01:43:39.360]  Can I ask you about an affidavit of disqualification?
[01:43:40.080 --> 01:43:40.480]  Okay.
[01:43:40.480 --> 01:43:45.920]  Soon as we come back, this is Randy Kelton, Deborah Stevens, Wheel of Law Radio.
[01:43:45.920 --> 01:43:50.000]  Our call-in number 512-646-1984.
[01:43:50.560 --> 01:43:51.840]  Rob, I see you there.
[01:43:51.840 --> 01:43:54.480]  Johnny, we will pick you up on the other side.
[01:43:54.480 --> 01:43:59.440]  We'll be right back.
[01:44:25.440 --> 01:44:28.160]  There's no way a place like that exists.
[01:44:28.160 --> 01:44:29.520]  Go check it out for yourself.
[01:44:29.520 --> 01:44:33.360]  It's downtown at 1904 Guadalupe Street, just south of UT.
[01:44:34.000 --> 01:44:37.360]  By UT, there's never anywhere to park down there.
[01:44:37.360 --> 01:44:42.720]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking
[01:44:42.720 --> 01:44:44.560]  facility just behind the bookstore.
[01:44:45.600 --> 01:44:48.560]  It does exist, but when are they open?
[01:44:48.560 --> 01:44:53.280]  Monday through Saturday, 11 a.m. to 9 p.m. and 1 to 6 p.m. on Sundays.
[01:44:53.280 --> 01:45:00.160]  So give them a call at 512-480-2503 or check out their events page at bravenewbookstore.com.
[01:45:02.560 --> 01:45:05.120]  Are you the plaintiff or defendant in a lawsuit?
[01:45:05.680 --> 01:45:11.200]  Win your case without an attorney with Jurisdictionary, the affordable, easy to understand
[01:45:11.200 --> 01:45:16.320]  4CD course that will show you how in 24 hours, step by step.
[01:45:16.960 --> 01:45:20.720]  If you have a lawyer, know what your lawyer should be doing.
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[01:45:40.880 --> 01:45:44.880]  principles and practices that control our American courts.
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[01:46:23.760 --> 01:46:50.720]  Okay, we are back with Randy Kelton, Jim Stevens, Rule of Law Radio and Rosanna.
[01:46:52.000 --> 01:46:53.040]  Send that to me.
[01:46:53.040 --> 01:47:02.720]  We will get Chris to post that on his YouTube site and we're kind of slow coming back in
[01:47:02.720 --> 01:47:05.360]  because we're discussing how to get this thing to go viral.
[01:47:06.160 --> 01:47:12.880]  If you will send it to me, we will embed it in our site and we'll get Chris to post it
[01:47:13.600 --> 01:47:15.760]  and we'll see if we can't get it to go viral.
[01:47:16.480 --> 01:47:18.320]  Okay, it's video too.
[01:47:19.520 --> 01:47:21.440]  It's not just audio, it's video.
[01:47:21.440 --> 01:47:24.560]  Yeah, good, yeah, that's what I'm talking about.
[01:47:24.560 --> 01:47:29.360]  We'll post it on our site and we'll get Chris to put it up on YouTube.
[01:47:30.320 --> 01:47:32.800]  So just get a hold of a Frogstoppers or what?
[01:47:37.120 --> 01:47:40.400]  No, send it to Randy at Remedies in Real Estate.
[01:47:41.280 --> 01:47:45.280]  I'm sorry, Randy at RuleOfLawRadio.com.
[01:47:46.080 --> 01:47:47.840]  Okay, and the address is on the website?
[01:47:48.480 --> 01:47:48.720]  Yes.
[01:47:48.720 --> 01:47:50.640]  Okay, I'll get it from there then.
[01:47:50.640 --> 01:47:51.360]  That's okay.
[01:47:51.360 --> 01:47:53.520]  Okay, thank you very much.
[01:47:53.520 --> 01:47:57.280]  And I wanted to ask you about the affidavit of disqualification.
[01:47:59.760 --> 01:48:04.480]  Have you ever done an affidavit of disqualification to the Supreme Court?
[01:48:04.480 --> 01:48:06.560]  Oh, you have a motion to disqualify a judge?
[01:48:06.560 --> 01:48:08.160]  Is that what you're talking about or something else?
[01:48:08.160 --> 01:48:11.600]  No, in our state it's called an affidavit of disqualification.
[01:48:11.600 --> 01:48:17.200]  You have to file an affidavit to the Supreme Court of disqualification.
[01:48:17.200 --> 01:48:19.680]  Who are you disqualifying?
[01:48:19.680 --> 01:48:21.280]  What are you disqualifying?
[01:48:21.280 --> 01:48:27.520]  The judge that's in this case, this emergency guardianship case that I opened up in September
[01:48:27.520 --> 01:48:30.720]  when my father was arrested for abuse and assault with my father.
[01:48:31.280 --> 01:48:34.240]  And my dad's been living in cat shit and filth and everything.
[01:48:34.240 --> 01:48:35.200]  The pictures are horrid.
[01:48:36.880 --> 01:48:39.520]  This judge come right out on the stand, okay?
[01:48:40.400 --> 01:48:46.720]  Right out on the stand and he said right from the get-go that his words are,
[01:48:46.720 --> 01:48:48.240]  this is in the second page of the hearing.
[01:48:48.880 --> 01:48:53.520]  I indicated to the Supreme Court office I would conduct this emergency hearing today.
[01:48:53.520 --> 01:48:57.520]  But as for any of the matters arising out of this or any further proceedings in this case
[01:48:58.160 --> 01:49:03.040]  or anything else relating to this guardianship issue, I ask the court to assign a different
[01:49:03.040 --> 01:49:08.400]  judge so today is the last time you will see me on this matter.
[01:49:08.400 --> 01:49:09.520]  Now that's his words.
[01:49:10.240 --> 01:49:14.640]  Okay, but that doesn't necessarily mean that the court did assign someone else.
[01:49:14.640 --> 01:49:18.960]  No, but that's why I'm writing the Supreme Court because everything I've put into this
[01:49:18.960 --> 01:49:22.400]  emergency guardianship case, he sat on.
[01:49:22.960 --> 01:49:26.800]  Talk of vetoed, he sat on it, but the lawyer is-
[01:49:26.800 --> 01:49:29.920]  Wait a minute, did you file a judicial conduct complaint against him?
[01:49:31.440 --> 01:49:35.040]  No, that's going to take longer than this affidavit of disqualification.
[01:49:35.040 --> 01:49:35.920]  I have motion.
[01:49:35.920 --> 01:49:37.600]  Okay, it's a motion to disqualify.
[01:49:37.600 --> 01:49:43.520]  What are the conditions that authorize disqualification?
[01:49:43.520 --> 01:49:45.040]  Disqualification in Ohio.
[01:49:46.000 --> 01:49:46.880]  Bias and prejudice.
[01:49:48.000 --> 01:49:48.480]  Pardon me?
[01:49:49.280 --> 01:49:51.440]  Bias and prejudice, you have to show.
[01:49:51.440 --> 01:49:55.440]  Bias and prejudice goes to recusal, not to disqualification.
[01:49:56.240 --> 01:49:59.440]  Well, that's not what it says in the disqualification instructions though.
[01:50:00.880 --> 01:50:08.720]  It may be different in Ohio, but generally you have recusal and you have disqualification.
[01:50:08.720 --> 01:50:13.520]  Disqualification will go to, I know in Texas there are constitutional,
[01:50:15.040 --> 01:50:17.360]  disqualification is constitutional.
[01:50:17.360 --> 01:50:20.720]  It states in the constitution what you can disqualify a judge for.
[01:50:21.360 --> 01:50:28.000]  Middle incompetency, but something else is not bias and prejudice.
[01:50:28.000 --> 01:50:30.080]  Bias and prejudice goes to recusal.
[01:50:30.080 --> 01:50:37.120]  So you might make sure, I'm just saying this to make sure you make your pleading based
[01:50:37.120 --> 01:50:39.920]  on the correct law.
[01:50:39.920 --> 01:50:46.800]  For 2701.03, I know what code it is, it's ORC 2701.03.
[01:50:46.800 --> 01:50:50.000]  And that is the affidavit of disqualification.
[01:50:50.000 --> 01:50:52.560]  I've got the rules and everything all printed out.
[01:50:52.560 --> 01:50:55.360]  It said to get a judge disqualified from the K.
[01:50:56.000 --> 01:50:58.640]  You have to put in an affidavit form, which I'm-
[01:50:58.640 --> 01:50:59.680]  Okay, question.
[01:51:00.640 --> 01:51:05.520]  Have you done a search for affidavit of disqualification on the internet?
[01:51:05.520 --> 01:51:06.640]  Yes.
[01:51:07.600 --> 01:51:12.640]  Have you found any points in authorities or briefs on the subject?
[01:51:13.440 --> 01:51:15.600]  I've found opinions, lots of opinions.
[01:51:16.480 --> 01:51:17.840]  Normally they won't do it.
[01:51:17.840 --> 01:51:18.960]  I'll grant you that.
[01:51:18.960 --> 01:51:25.520]  They normally don't do it, but I have found a few and it has to be for bias and prejudice.
[01:51:25.520 --> 01:51:27.680]  It can't be for discretional ruling.
[01:51:28.800 --> 01:51:30.960]  It has to be for bias to prejudice.
[01:51:31.680 --> 01:51:32.320]  Good, good.
[01:51:32.320 --> 01:51:34.480]  Well, I'm glad to see you've done your homework.
[01:51:34.480 --> 01:51:35.520]  And that's where I was going.
[01:51:35.520 --> 01:51:40.240]  I was testing that because when we start going after judges, we really have to have all our
[01:51:40.240 --> 01:51:41.040]  ducks in a row.
[01:51:41.920 --> 01:51:46.240]  Well, the process man can run out and said, I've told the judicial branch, they called
[01:51:46.240 --> 01:51:47.440]  him in to do this case.
[01:51:48.000 --> 01:51:50.080]  And I told him, I don't want to be here after today.
[01:51:50.080 --> 01:51:51.840]  This is the last time you're going to see me.
[01:51:52.400 --> 01:51:54.560]  Well, why aren't they putting somebody else in?
[01:51:54.560 --> 01:51:56.880]  He asked them to get somebody else.
[01:51:56.880 --> 01:51:57.760]  What else do you-
[01:51:57.760 --> 01:51:58.720]  Okay, well, okay.
[01:51:58.720 --> 01:52:01.360]  That's, I can't answer that.
[01:52:01.360 --> 01:52:02.800]  And we're running out of time.
[01:52:02.800 --> 01:52:05.840]  This is our last segment and I've got two more calls.
[01:52:07.360 --> 01:52:10.800]  Can you call in next Thursday or Friday?
[01:52:10.800 --> 01:52:12.160]  Yes, yes, yes, yes.
[01:52:12.160 --> 01:52:12.720]  Okay.
[01:52:12.720 --> 01:52:13.440]  Okay.
[01:52:13.440 --> 01:52:14.080]  Thank you.
[01:52:14.080 --> 01:52:15.120]  Thank you very much.
[01:52:16.080 --> 01:52:16.560]  Okay.
[01:52:16.560 --> 01:52:19.440]  Now we're going to go to Rob in New Mexico.
[01:52:20.480 --> 01:52:26.080]  And I hated to leave Rob waiting too long because the diesel fumes, they have a really
[01:52:26.080 --> 01:52:26.960]  negative effect.
[01:52:27.920 --> 01:52:29.200]  Can you still think, Rob?
[01:52:29.920 --> 01:52:31.120]  Yeah, I got a new job.
[01:52:31.120 --> 01:52:34.880]  I get home every week, so there's no diesel fumes right now, just nicotine fumes.
[01:52:34.880 --> 01:52:35.440]  Oh, okay.
[01:52:37.920 --> 01:52:38.160]  Okay.
[01:52:38.160 --> 01:52:39.120]  How are things going?
[01:52:39.840 --> 01:52:41.440]  Well, I got two questions.
[01:52:41.440 --> 01:52:43.040]  Neither of them relate to my federal.
[01:52:43.600 --> 01:52:46.400]  I'm going to ask you my question for Kay's case first.
[01:52:46.400 --> 01:52:48.960]  She had her jury trial in the magistrate court.
[01:52:49.680 --> 01:52:50.720]  She was found guilty.
[01:52:52.880 --> 01:52:55.840]  I helped her do the notice of appeal.
[01:52:56.480 --> 01:52:57.920]  I helped her wrong.
[01:52:57.920 --> 01:52:59.840]  We filed it in the magistrate court.
[01:52:59.840 --> 01:53:02.320]  It was supposed to be filed in the district court.
[01:53:03.920 --> 01:53:08.960]  She just got a notice of failure to pay from the magistrate court that she has to go in
[01:53:08.960 --> 01:53:09.840]  for on Monday.
[01:53:09.840 --> 01:53:12.800]  Her time to appeal is now expired.
[01:53:13.840 --> 01:53:19.200]  Can she take the notice of appeal filed in the magistrate court over-
[01:53:19.200 --> 01:53:28.160]  File a motion with the district, did you say district court or county?
[01:53:28.160 --> 01:53:30.400]  It goes from the county magistrate.
[01:53:30.400 --> 01:53:32.480]  The appeal goes to the district court.
[01:53:32.480 --> 01:53:32.960]  Okay.
[01:53:32.960 --> 01:53:40.480]  File a motion in the district court for an extension of time due to excusable error.
[01:53:41.200 --> 01:53:41.520]  Okay.
[01:53:43.040 --> 01:53:48.560]  And tell them you erroneously filed it in the one court and you should have filed it
[01:53:48.560 --> 01:53:51.520]  in the other court and ask for an extension of time.
[01:53:52.160 --> 01:53:52.480]  Okay.
[01:53:52.480 --> 01:53:57.600]  And we have the file stamp copy that was timely filed in the wrong court, so we should be
[01:53:57.600 --> 01:53:58.240]  okay on that.
[01:53:58.880 --> 01:53:59.120]  Yes.
[01:53:59.840 --> 01:54:00.560]  I don't know.
[01:54:00.560 --> 01:54:01.760]  It depends on what they-
[01:54:04.240 --> 01:54:06.400]  Depends on what games they feel like playing that day, right?
[01:54:06.400 --> 01:54:06.880]  Yeah.
[01:54:06.880 --> 01:54:10.240]  You can always go back and file a civil action against them.
[01:54:10.240 --> 01:54:11.440]  Oh, we're doing that anyway.
[01:54:13.120 --> 01:54:17.040]  So let me hit you with mine real quick then and hopefully you'll be able to get your last
[01:54:17.040 --> 01:54:17.360]  caller.
[01:54:18.160 --> 01:54:19.600]  I just got a form letter.
[01:54:19.600 --> 01:54:24.240]  It is a criminal summons to the magistrate court addressed to me.
[01:54:24.240 --> 01:54:27.760]  No signature on it, but it does have a complaint attached.
[01:54:28.480 --> 01:54:36.960]  The complaint is from a sheriff's deputy regurgitating claims of another sheriff's deputy
[01:54:36.960 --> 01:54:42.880]  about animals running at large regarding goats allegedly getting out.
[01:54:43.520 --> 01:54:45.360]  New Mexico is a fence out state.
[01:54:45.360 --> 01:54:51.840]  They're charging with violating a county ordinance and the details of the complaint
[01:54:51.840 --> 01:54:56.720]  reference my property, but don't reference me.
[01:54:56.720 --> 01:54:58.720]  They reference contact with my wife.
[01:54:58.720 --> 01:54:59.840]  The only place I can reference you is the defendant.
[01:54:59.840 --> 01:55:00.080]  Okay.
[01:55:00.080 --> 01:55:00.320]  Okay.
[01:55:00.320 --> 01:55:00.640]  Question.
[01:55:00.640 --> 01:55:07.600]  When did you enter into a contract with the county?
[01:55:08.320 --> 01:55:08.720]  Never.
[01:55:10.160 --> 01:55:21.440]  Does the constitution of New Mexico authorize county courts to write laws that
[01:55:21.440 --> 01:55:26.880]  write law or is only the state legislature authorized to write law?
[01:55:27.840 --> 01:55:32.400]  I am going to go out on a limb and say, I believe only the legislature is, but I will
[01:55:32.400 --> 01:55:36.960]  have to double check before I can absolutely affirm that.
[01:55:36.960 --> 01:55:37.280]  Okay.
[01:55:37.280 --> 01:55:37.760]  Wait a minute.
[01:55:37.760 --> 01:55:40.080]  You said a county ordinance.
[01:55:40.800 --> 01:55:41.040]  Yeah.
[01:55:41.600 --> 01:55:42.000]  Okay.
[01:55:42.000 --> 01:55:55.120]  So unless you've entered into a contract with the county or unless the constitution
[01:55:55.120 --> 01:56:05.440]  authorizes the county to pass law, and I almost be certain it does not, and unless the
[01:56:05.440 --> 01:56:13.840]  constitution authorizes the legislature to delegate its authority to write law, then
[01:56:13.840 --> 01:56:17.200]  you had a real good argument that they're probably not going to want to go to.
[01:56:18.160 --> 01:56:18.560]  Right.
[01:56:18.560 --> 01:56:24.080]  And the fact that it doesn't even mention me in the details of the complaint ever at
[01:56:24.080 --> 01:56:24.240]  all.
[01:56:26.080 --> 01:56:30.320]  And, and the, well, the, is the property in your name?
[01:56:31.280 --> 01:56:32.480]  It's in both of our names.
[01:56:33.280 --> 01:56:34.000]  Oh, okay.
[01:56:34.000 --> 01:56:37.280]  So, but they talked to your wife and they filed a complaint against you.
[01:56:39.680 --> 01:56:47.040]  And the, the date that the alleged events took place, I was in LA delivering a meatload.
[01:56:49.680 --> 01:56:51.120]  You could have fun with this one.
[01:56:51.840 --> 01:56:52.080]  Yeah.
[01:56:52.080 --> 01:56:56.560]  I don't know how I could have possibly willfully allowed my animals to run at large when I
[01:56:56.560 --> 01:56:57.760]  was not even in the state.
[01:56:57.760 --> 01:57:06.240]  And they may claim that you did not take proper precautions to ensure that they did not get
[01:57:06.240 --> 01:57:06.560]  out.
[01:57:07.360 --> 01:57:09.120]  Well, and that's, that's what they're going to claim.
[01:57:09.120 --> 01:57:13.840]  The thing is, is that the state law regarding this, and I have to look up the ordinance.
[01:57:13.840 --> 01:57:18.080]  I haven't looked up the county ordinance yet, but the state law regarding it says that,
[01:57:18.080 --> 01:57:24.400]  uh, uh, animals running at large, uh, as a, as criminal trespass issue, but it only relates
[01:57:24.400 --> 01:57:29.920]  to you deliberately and willfully putting your animals on someone else's fenced land
[01:57:29.920 --> 01:57:30.960]  without their permission.
[01:57:31.600 --> 01:57:32.000]  Okay.
[01:57:32.640 --> 01:57:43.840]  And if, if this, if this is consistent with other jurisdictions, uh, the county cannot
[01:57:43.840 --> 01:57:48.160]  pass, they can grant you more rights, not less rights.
[01:57:48.160 --> 01:57:49.120]  And that's what I thought.
[01:57:49.760 --> 01:57:50.320]  Yeah.
[01:57:50.320 --> 01:57:50.720]  Okay.
[01:57:50.720 --> 01:57:52.000]  We are out of time.
[01:57:52.000 --> 01:57:58.640]  Johnny, Tony, I'm sorry we didn't get to you, uh, but, uh, and, and sorry I got used to
[01:57:58.640 --> 01:58:00.880]  late, but, uh, give us a call next week.
[01:58:00.880 --> 01:58:02.400]  We'll try to get to you earlier.
[01:58:03.360 --> 01:58:06.720]  Uh, I very much like to see how this one shakes out.
[01:58:06.720 --> 01:58:13.600]  I live in a small county outside of, uh, Fort Worth and so far they've left me alone, but
[01:58:13.600 --> 01:58:16.160]  I'm kind of looking forward to a fight with them.
[01:58:17.120 --> 01:58:17.600]  Okay.
[01:58:17.600 --> 01:58:19.120]  Thank you all for listening.
[01:58:19.120 --> 01:58:25.360]  This is Randy Kelton, Deborah Stevens, and we thank Larry Wiest for his time and we will
[01:58:25.360 --> 01:58:26.800]  all be back next week.
[01:58:27.440 --> 01:58:34.320]  Deborah and Eddie Monday on our Monday night, uh, traffic show and I'll Deborah and I'll
[01:58:34.320 --> 01:58:39.360]  be back Thursday and, uh, we'll look forward to seeing you all here next Friday night.
[01:58:39.360 --> 01:58:49.360]  Thank you for tuning in and good night.
[01:59:09.360 --> 01:59:29.360]  We'll see you next time.
[01:59:39.360 --> 01:59:59.360]  Bye.