[00:00.000 --> 00:07.760]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:07.760 --> 00:09.640]  at thelibertybeat.com.
[00:09.640 --> 00:15.120]  I'm Brian Hagan with the Liberty Beat for Friday, January 31, 2014.
[00:15.120 --> 00:21.880]  Gold opened today at $1,253, silver opened at $19.42, while bitcoin is trading around
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[01:21.720 --> 01:26.480]  Two revelations stemming from documents released by whistleblower Edward Snowden show Canada's
[01:26.480 --> 01:32.400]  most secretive spy agency illegally collected the metadata of unsuspecting airline passengers
[01:32.400 --> 01:36.320]  by their Wi-Fi connections during a two-week period.
[01:36.320 --> 01:41.020]  Personal information such as political views, social relationships, and daily habits can
[01:41.020 --> 01:43.960]  be obtained from customers' cellular metadata.
[01:43.960 --> 01:49.120]  Internet security experts are calling the sweep a direct violation of Canada's constitution.
[01:49.120 --> 01:56.240]  Check out thelibertybeat.com for the full report by Julie Wilson.
[01:56.240 --> 02:00.960]  New York's new mayor has decided to drop the appeal of a court decision that ruled the
[02:00.960 --> 02:05.040]  New York Police Department's stop-and-frisk program was unconstitutional.
[02:05.040 --> 02:09.240]  Mayor Bill de Blasio made the announcement Thursday, reversing the policies of former
[02:09.240 --> 02:10.600]  mayor Michael Bloomberg.
[02:10.600 --> 02:15.240]  Last August, Judge Shira A. Shirlenow, federal district court in Manhattan, ruled on the
[02:15.240 --> 02:24.440]  unconstitutionality of the programs, as well as a policy of indirect racial profiling.
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[02:51.840 --> 02:56.280]  This is the Liberty Beat for Friday, January 31, 2014.
[02:56.280 --> 03:13.520]  Be sure to check out the website at thelibertybeat.com.
[03:13.520 --> 03:39.600]  We are originators, and the pathway seems to get straighter every day.
[03:39.600 --> 03:43.720]  Okay, we are back.
[03:43.720 --> 03:49.040]  Randy Kelton, Steve Skidmore, Rue of Law Radio, and we're talking to Darlene in Florida.
[03:49.040 --> 03:55.040]  Darlene, the 1099s, in whose name were they?
[03:55.040 --> 03:58.840]  Were they in the servicer's name, or did they reference the holder?
[03:58.840 --> 04:08.600]  Let's see, no, they say on the creditors, it's Indy Mac Mortgage Services, a division
[04:08.600 --> 04:16.680]  of One West Bank, and then on the acquisition or abandonment, it's the same, Indy Mac Mortgage
[04:16.680 --> 04:23.240]  Services, and as the lender, it also says Indy Mac Mortgage Servicer, a division of
[04:23.240 --> 04:25.240]  One West Bank.
[04:25.240 --> 04:29.000]  Who is alleging to be the holder?
[04:29.000 --> 04:31.680]  Is it One West Bank?
[04:31.680 --> 04:37.840]  I believe the holder of the division.
[04:37.840 --> 04:43.760]  We were discussing on the break, how could a servicer who has no beneficial interest
[04:43.760 --> 04:49.280]  in the contract claim a loss?
[04:49.280 --> 05:00.680]  But if the servicer is a wholly owned subsidiary of the holder, then they can claim the loss.
[05:00.680 --> 05:05.280]  We were looking for an argument, I'd heard a case on this a long time ago, I just didn't
[05:05.280 --> 05:07.960]  remember what the adjudication was.
[05:07.960 --> 05:16.760]  So Eddie was saying, how could they claim to, as the servicer, have incurred a loss when
[05:16.760 --> 05:20.680]  they never had a dog in the hunt to start with?
[05:20.680 --> 05:26.560]  But if both companies are one and the same, then if the parent company incurs a loss,
[05:26.560 --> 05:34.960]  essentially the subsidiary company can claim the loss, I would think, but I'm not sure.
[05:34.960 --> 05:41.320]  In all my investigation on this, I don't think that they actually have a holding, because
[05:41.320 --> 05:48.320]  everything that was filed was all fraudulent, and like the Indy Mac services, the assignment,
[05:48.320 --> 05:54.160]  that was filed after the foreclosure was filed to my property.
[05:54.160 --> 05:57.360]  Have you had anyone do a title search?
[05:57.360 --> 06:01.920]  Yeah, I've done that, I mean, this has been with-
[06:01.920 --> 06:04.080]  No, no, wait, wait, wait, wait, I've done that.
[06:04.080 --> 06:06.280]  That means you went and looked in the court record.
[06:06.280 --> 06:08.560]  That's not what I'm talking about.
[06:08.560 --> 06:17.120]  A chain of title search to see where the beneficial interest in the note went to.
[06:17.120 --> 06:26.920]  If the beneficial interest in that note is in a trust somewhere, then Fannie Mae, Banquan,
[06:26.920 --> 06:31.920]  whoever that is, OneWest, they don't have a claim.
[06:31.920 --> 06:34.120]  They're not the ones with the actual claim.
[06:34.120 --> 06:35.400]  They don't have a right to be paid.
[06:35.400 --> 06:41.120]  They can't be harmed, because they don't have the right to be paid.
[06:41.120 --> 06:46.240]  The holder is the one who has a right to be paid the income stream.
[06:46.240 --> 06:48.420]  That's the only one that can be harmed.
[06:48.420 --> 06:52.400]  They can hold the note, they can hold the security instrument, but if they sold the
[06:52.400 --> 06:58.000]  right to be paid, they can't bring a controversy to the court.
[06:58.000 --> 07:02.640]  There's another issue there, too, if they strip the tangible instrument of the intangible
[07:02.640 --> 07:09.120]  revenue stream and sold that intangible to another third party.
[07:09.120 --> 07:15.140]  We're right back to Article 3, Section 203, if the transferor purports to transfer anything
[07:15.140 --> 07:21.040]  less than the entire instrument, negotiation does not occur, and how does one acquire rights
[07:21.040 --> 07:23.680]  to act under a negotiable instrument?
[07:23.680 --> 07:30.600]  Article 3 is the only body of statute in law that governs the transfer of rights and rights
[07:30.600 --> 07:31.600]  acquired.
[07:31.600 --> 07:37.400]  If they have not been transferred the entire instrument, then they do not have all the
[07:37.400 --> 07:45.240]  rights it takes to dispossess you of the property or lay a legal claim.
[07:45.240 --> 07:49.880]  That's why I think that they decided to abandon this, because when I filed the motion for
[07:49.880 --> 07:56.480]  relief and final judgment, I nailed everything in there, because I felt if I ever have to
[07:56.480 --> 08:00.640]  appeal this, I'd better make sure I get everything in the record.
[08:00.640 --> 08:06.400]  I noted so much in here that just had no standing.
[08:06.400 --> 08:15.640]  They put HSBC in here at the end, who never even recorded the assignment of mortgage.
[08:15.640 --> 08:22.160]  I think if it wasn't recorded, then they absolutely have no standing.
[08:22.160 --> 08:23.160]  Correct.
[08:23.160 --> 08:28.200]  I think that's why I figure they'd abandon it at this point.
[08:28.200 --> 08:38.840]  You might take that 1099 to the court and say that the plaintiff has noticed the Internal
[08:38.840 --> 08:44.480]  Revenue Service that they've abandoned this claim, and they've taken a claim against
[08:44.480 --> 08:45.640]  them.
[08:45.640 --> 08:50.720]  It's not that the lender or the servicer or anybody else has abandoned their claim.
[08:50.720 --> 08:58.960]  The homeowner, whoever holds the allegation, has abandoned.
[08:58.960 --> 09:04.120]  There's a lot of information on 1099A and 1099C on the Internet.
[09:04.120 --> 09:06.800]  Actually the best place to go for that is the IRS website.
[09:06.800 --> 09:07.800]  Okay.
[09:07.800 --> 09:13.000]  I'll go look that up, but I was just concerned where they sent me this letter, and I didn't
[09:13.000 --> 09:19.040]  want them setting me up, saying if there was an error in anything, I should be submitting
[09:19.040 --> 09:21.840]  a notice of error or additional information.
[09:21.840 --> 09:22.840]  Okay.
[09:22.840 --> 09:23.840]  Ignore that.
[09:23.840 --> 09:30.760]  They're saying, if we screwed up, you tell us we screwed up so we can screw you a different
[09:30.760 --> 09:31.760]  way.
[09:31.760 --> 09:37.520]  Now, if they filed a fraudulent document with the IRS, the last thing I'd do is give them
[09:37.520 --> 09:38.520]  notice.
[09:38.520 --> 09:39.520]  I'd give the IRS notice.
[09:39.520 --> 09:40.520]  All right.
[09:40.520 --> 09:45.120]  So just go do my research with the IRS and then get to them on this.
[09:45.120 --> 09:46.120]  Right.
[09:46.120 --> 09:54.800]  When you get documents from the banks or another party, and they give you directions, you can
[09:54.800 --> 10:05.360]  follow the direction if you want to, but that imposes no obligation on you unless it's in
[10:05.360 --> 10:06.360]  the contract.
[10:06.360 --> 10:07.360]  Okay.
[10:07.360 --> 10:12.360]  And I've never seen anything like that in a contract.
[10:12.360 --> 10:13.360]  Okay.
[10:13.360 --> 10:15.240]  But this one's saying, I abandoned the property.
[10:15.240 --> 10:16.240]  I'm still living here.
[10:16.240 --> 10:17.240]  I didn't abandon it.
[10:17.240 --> 10:20.160]  Steve, will you explain that again?
[10:20.160 --> 10:21.160]  That's correct.
[10:21.160 --> 10:22.160]  There does not...
[10:22.160 --> 10:28.960]  If you read the information on the IRS website in regards to 1099A, it will tell you that
[10:28.960 --> 10:32.160]  the physical abandonment is not necessary.
[10:32.160 --> 10:33.160]  Okay.
[10:33.160 --> 10:38.040]  So you don't have to pack up your stuff and leave the property or vacate the property
[10:38.040 --> 10:40.920]  in order for them to claim that it's been abandoned.
[10:40.920 --> 10:41.920]  Okay.
[10:41.920 --> 10:47.400]  What they're saying is that you, by non-payment, you have abandoned your right to possess the
[10:47.400 --> 10:48.400]  property.
[10:48.400 --> 10:49.400]  Okay.
[10:49.400 --> 10:50.400]  All right.
[10:50.400 --> 10:51.400]  Did that make sense?
[10:51.400 --> 10:52.400]  Sure.
[10:52.400 --> 10:53.400]  Yeah.
[10:53.400 --> 10:54.400]  Okay.
[10:54.400 --> 10:58.840]  I just wanted to tell you something interesting.
[10:58.840 --> 11:05.960]  I'd been trying to investigate the fraudulent notarizations there at Austin, Texas.
[11:05.960 --> 11:14.280]  And we found one of the notaries which they're making her go through a bunch of different
[11:14.280 --> 11:20.680]  education because, coincidentally, she took all of these notary records and supposedly
[11:20.680 --> 11:26.440]  had them down in her basement and they all got flooded so she cannot produce the records
[11:26.440 --> 11:29.040]  that I was requesting.
[11:29.040 --> 11:32.240]  Well, that's interesting.
[11:32.240 --> 11:33.640]  Horse hockey.
[11:33.640 --> 11:34.640]  Yeah.
[11:34.640 --> 11:39.920]  That would be the legal retort to that.
[11:39.920 --> 11:40.920]  Horse hockey.
[11:40.920 --> 11:41.920]  Yeah.
[11:41.920 --> 11:47.640]  But the problem is you maintain that the notarization never occurred.
[11:47.640 --> 11:49.320]  They claim it occurred.
[11:49.320 --> 11:52.200]  Now it's up to them to prove that it occurred.
[11:52.200 --> 11:54.240]  Oh, okay.
[11:54.240 --> 11:59.080]  So anybody who's been in, anybody in North Central Texas who's ever been in foreclosure
[11:59.080 --> 12:05.440]  is probably well aware of an entity called Barrett, Daffin, Fractier, Turner, and Engel.
[12:05.440 --> 12:06.440]  Brian Engel.
[12:06.440 --> 12:08.600]  I thought that was, I thought that was Kiss My Behind.
[12:08.600 --> 12:11.600]  Well, Barrett, Daffin, Turner, and Engel.
[12:11.600 --> 12:12.600]  Kiss My Behind.
[12:12.600 --> 12:13.600]  Okay.
[12:13.600 --> 12:14.600]  Yeah.
[12:14.600 --> 12:15.600]  Very close.
[12:15.600 --> 12:16.600]  Very close.
[12:16.600 --> 12:17.600]  A little off on the pronunciation.
[12:17.600 --> 12:23.960]  But the latter of the bunch, Mr. Brian Engel, if I've got his name right, actually hand
[12:23.960 --> 12:32.720]  delivered a document to the Texas Secretary of State here in Austin, Texas, apparently
[12:32.720 --> 12:44.040]  purporting to have noted that his notary publics work for his firm and he has no obligation
[12:44.040 --> 12:57.240]  to put forth any notary ledgers because they don't exist and that it is his place to respond
[12:57.240 --> 12:59.600]  to any open record requests.
[12:59.600 --> 13:07.480]  I'm sorry, Mr. Engel, you're going to have a hard time getting that through the Supreme
[13:07.480 --> 13:14.720]  Court when it comes to arguing issues of a constitutionally created office of notary
[13:14.720 --> 13:16.120]  public.
[13:16.120 --> 13:21.240]  This state never created notary privates, idiot.
[13:21.240 --> 13:24.620]  I hope Mr. Engel's listening, moron.
[13:24.620 --> 13:27.320]  And he's welcome to call in and call me an idiot and a moron.
[13:27.320 --> 13:31.400]  But since I've got the floor, I'll be the first to say it.
[13:31.400 --> 13:32.400]  Yeah.
[13:32.400 --> 13:33.400]  I'm through.
[13:33.400 --> 13:39.640]  This is where the ones that are doing the fraudulent work figure, well, if we can just
[13:39.640 --> 13:42.440]  say we destroyed the documents, they can't prove.
[13:42.440 --> 13:46.360]  And I did get from an attorney for one of the notaries.
[13:46.360 --> 13:50.080]  He did produce a month of her notarizations.
[13:50.080 --> 13:55.760]  And when I looked for my specific one that I was going for, they are just putting like
[13:55.760 --> 13:57.560]  bogus loan numbers.
[13:57.560 --> 14:02.880]  When they put the document and what it relates to, she put a loan number that had nothing
[14:02.880 --> 14:03.880]  close to mine.
[14:03.880 --> 14:04.880]  So there's...
[14:04.880 --> 14:09.280]  Honey, she's writing these things so fast, she doesn't have time to look at the numbers.
[14:09.280 --> 14:10.280]  Yeah.
[14:10.280 --> 14:11.280]  Okay.
[14:11.280 --> 14:12.280]  I have a suggestion.
[14:12.280 --> 14:14.760]  You have a loan put down in her ledger.
[14:14.760 --> 14:15.760]  Have a suggestion.
[14:15.760 --> 14:19.160]  Do you have the notary's home address?
[14:19.160 --> 14:26.600]  No, because I get it from there in Texas, what the department has for their home addresses
[14:26.600 --> 14:28.640]  or whatever they registered.
[14:28.640 --> 14:30.800]  And a lot of it is not current.
[14:30.800 --> 14:32.800]  Who cares?
[14:32.800 --> 14:36.840]  Get the address the secretary of state has.
[14:36.840 --> 14:41.360]  They are required to keep their address on record with the secretary of state.
[14:41.360 --> 14:50.600]  And then call the weather, check the weather on this particular property.
[14:50.600 --> 14:53.680]  Is she in Austin?
[14:53.680 --> 14:57.240]  A lot of them I'm dealing with are there in Austin, yeah.
[14:57.240 --> 14:58.240]  Steve?
[14:58.240 --> 15:03.520]  When was the last time there was a flood in Austin?
[15:03.520 --> 15:07.760]  It's been a very long time since we had a flood in Austin.
[15:07.760 --> 15:12.160]  And there was a bug put in my ear that made perfectly good sense.
[15:12.160 --> 15:17.040]  I don't know of very many properties here in the Austin area that have basements.
[15:17.040 --> 15:20.800]  Well, that's what I mean.
[15:20.800 --> 15:22.600]  They're covering this up.
[15:22.600 --> 15:23.600]  Okay.
[15:23.600 --> 15:27.600]  Now, what I mean is aggravated perjury.
[15:27.600 --> 15:28.600]  Yes.
[15:28.600 --> 15:30.880]  Felony here in Texas.
[15:30.880 --> 15:37.160]  Oh, by saying that this stuff got flooded when there were no floods?
[15:37.160 --> 15:38.160]  Exactly.
[15:38.160 --> 15:39.160]  Well, a public...
[15:39.160 --> 15:40.160]  Whatever they say...
[15:40.160 --> 15:47.040]  You got to keep in mind that lawyers, attorneys, public officials, they do not lie.
[15:47.040 --> 15:49.520]  They are incapable of lying.
[15:49.520 --> 15:59.040]  A lie is a term used for a statement of less than factual accuracy used by laypeople.
[15:59.040 --> 16:08.760]  When these entities, these public officials do what we call lying, an attorney would not
[16:08.760 --> 16:09.760]  lie.
[16:09.760 --> 16:15.800]  He would commit aggravated perjury, violations of candor toward the tribunal, but he does
[16:15.800 --> 16:17.280]  not lie.
[16:17.280 --> 16:20.680]  Same thing with a notary public.
[16:20.680 --> 16:21.880]  She's not lying.
[16:21.880 --> 16:32.120]  She's committing crimes, and there's names for those crimes, such as aggravated perjury,
[16:32.120 --> 16:33.120]  notary fraud.
[16:33.120 --> 16:34.120]  Disconduct?
[16:34.120 --> 16:35.120]  Yes.
[16:35.120 --> 16:36.120]  Okay.
[16:36.120 --> 16:37.120]  All right.
[16:37.120 --> 16:38.120]  We need to move ahead, Darlene.
[16:38.120 --> 16:39.120]  Okay.
[16:39.120 --> 16:40.120]  Who are going to answer your questions?
[16:40.120 --> 16:41.120]  Yeah.
[16:41.120 --> 16:42.120]  Oh, yes.
[16:42.120 --> 16:43.120]  Yes.
[16:43.120 --> 16:47.960]  And I'll pursue on the IRS on the Internet.
[16:47.960 --> 16:48.960]  Thank you so much.
[16:48.960 --> 16:49.960]  Okay.
[16:49.960 --> 16:50.960]  Welcome.
[16:50.960 --> 16:51.960]  Thank you.
[16:51.960 --> 16:52.960]  Randy Kelton, Deborah Stevens.
[16:52.960 --> 16:53.960]  Who is that other guy?
[16:53.960 --> 16:54.960]  I don't know.
[16:54.960 --> 16:55.960]  We'll be right back.
[16:55.960 --> 16:56.960]  Eddie Craig?
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[18:00.680 --> 18:05.360]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
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[18:59.040 --> 19:00.040]  collectors now.
[19:00.040 --> 19:05.040]  You are listening to the Logos Radio Network, l-l-l-logosradionetwork.com.
[19:05.040 --> 19:14.040]  Well, don't let nothing get to you, only the father can't deliver you, and don't let
[19:14.040 --> 19:19.040]  bad-minded people hurt you until they can get behind you.
[19:19.040 --> 19:22.040]  Know what I mean, my friend?
[19:22.040 --> 19:31.040]  Nala Jackson, come on.
[19:52.040 --> 20:11.040]  Okay, we are back, Randy Kelton, Steve Kiddmore, and Deborah Stevens is with us.
[20:11.040 --> 20:18.040]  And before we get back into this, another reminder about the gun giveaway.
[20:18.040 --> 20:22.040]  Deborah, you're here, will you address that?
[20:22.040 --> 20:24.040]  Steve and I are doing it.
[20:24.040 --> 20:28.040]  Okay, well, I didn't really want to come on the air just to do the plug, but y'all
[20:28.040 --> 20:30.040]  wanted me to talk about something else.
[20:30.040 --> 20:37.040]  But yeah, of course, folks, tonight is the deadline, midnight tonight is the deadline
[20:37.040 --> 20:43.040]  to get your name into the drawing for the gun giveaway.
[20:43.040 --> 20:47.040]  We have been conducting our fundraiser for about six weeks now.
[20:47.040 --> 20:49.040]  We're ending our fundraising drive tonight.
[20:49.040 --> 20:53.040]  Now, of course, you're always welcome to make donations to Logos Radio Network and
[20:53.040 --> 20:54.040]  Rule of Law Radio.
[20:54.040 --> 20:59.040]  We accept donations all year long, of course, and we do appreciate it when folks
[20:59.040 --> 21:04.040]  purchase from our sponsors, especially, because we couldn't stay on the air without
[21:04.040 --> 21:06.040]  the sponsors and without your donations.
[21:06.040 --> 21:10.040]  But if you want to get your name in the drawing for the gun giveaway for this year's
[21:10.040 --> 21:14.040]  fun drive, midnight tonight is the deadline.
[21:14.040 --> 21:18.040]  So please go to Rule of Law Radio and contribute if you have not yet.
[21:18.040 --> 21:25.040]  I was encouraged by some of the hosts and some of the listeners to increase the
[21:25.040 --> 21:30.040]  goal from $7,000 to $10,000, and we just may make it.
[21:30.040 --> 21:35.040]  The little bubble, the thermometer hasn't quite caught up yet, but if we can get as
[21:35.040 --> 21:42.040]  many folks who haven't donated yet to chip in tonight, we just may make our annual
[21:42.040 --> 21:46.040]  goal this year of $10,000, which would be very helpful because we really do need to
[21:46.040 --> 21:51.040]  not only upgrade equipment, but I need to have a little nest egg to put some things
[21:51.040 --> 21:59.040]  aside to, you know, make some investments and, you know, so that we can keep things
[21:59.040 --> 22:00.040]  going.
[22:00.040 --> 22:05.040]  I need to have something in the little stash there for when things start to get rough
[22:05.040 --> 22:07.040]  later on during the year.
[22:07.040 --> 22:10.040]  You know, I don't want to just be running on empty all year long.
[22:10.040 --> 22:12.040]  So I really do appreciate it, folks.
[22:12.040 --> 22:16.040]  You need a new microphone and several other things.
[22:16.040 --> 22:18.040]  I do need a new microphone.
[22:18.040 --> 22:19.040]  I need a new microphone.
[22:19.040 --> 22:21.040]  I need to upgrade some of the computers.
[22:21.040 --> 22:23.040]  I need to upgrade some of the other equipment.
[22:23.040 --> 22:29.040]  So, yeah, we, I'd like to get a more, set up another computer to have a more
[22:29.040 --> 22:34.040]  efficient archiving system because right now I have to manually do all the
[22:34.040 --> 22:40.040]  editing, I mean, all the recording of the archives are automated, but I still have
[22:40.040 --> 22:46.040]  to crop the beginning and ending points, the start and end points so that it will
[22:46.040 --> 22:53.040]  fit into the programming for when I replay archives, I have to play new news
[22:53.040 --> 22:58.040]  and new PSAs and override the old news and the old PSAs and the old ads so that
[22:58.040 --> 23:02.040]  people aren't listening to, you know, news from a month ago or something if I have
[23:02.040 --> 23:03.040]  to play an archive.
[23:03.040 --> 23:08.040]  Everything has to be exact and has to fit perfect so that when the new, so when
[23:08.040 --> 23:13.040]  the breaks kick in, it's not like offset from the breaks that are recorded on the
[23:13.040 --> 23:17.040]  archives, and right now I have to make sure all that fits manually.
[23:17.040 --> 23:19.040]  It's a lot of work, but I do it.
[23:19.040 --> 23:20.040]  It's a labor of love.
[23:20.040 --> 23:25.040]  I don't mind doing it, but I do have a plan on how to make that much more
[23:25.040 --> 23:30.040]  automated to free up some of my time so I can better serve the listeners,
[23:30.040 --> 23:34.040]  hopefully add some more shows and things like that, but I need more equipment in
[23:34.040 --> 23:35.040]  order to do that.
[23:35.040 --> 23:39.040]  I'd like to add, too, that none of us are making a living off of bringing you
[23:39.040 --> 23:40.040]  folks this information.
[23:40.040 --> 23:46.040]  We do this out of our own time, out of our own pocket, and your donations and all
[23:46.040 --> 23:49.040]  of your monetary support is very greatly appreciated.
[23:49.040 --> 23:51.040]  It all goes back into the network.
[23:51.040 --> 23:53.040]  It all goes back into the network.
[23:53.040 --> 23:54.040]  It absolutely does.
[23:54.040 --> 23:58.040]  I don't get paid for my time for doing this.
[23:58.040 --> 24:06.040]  I work at least 40 to 60 hours a week, and so, you know, I have to confiscate,
[24:06.040 --> 24:12.040]  if you will, some of the income for the network just to help keep things going a
[24:12.040 --> 24:13.040]  little bit on my end.
[24:13.040 --> 24:18.040]  Otherwise, I would have to cut back the programming and go back to working in
[24:18.040 --> 24:22.040]  corporate America, and I don't want to do that, but I basically, you know, take
[24:22.040 --> 24:28.040]  as little as possible just to keep things barely going.
[24:28.040 --> 24:31.040]  Maybe someday we'll be able to make a living off of this, but we are doing this
[24:31.040 --> 24:36.040]  for you guys and gals out there, for y'all's edification.
[24:36.040 --> 24:40.040]  I do have a suggestion for another fundraiser that we could run right after
[24:40.040 --> 24:41.040]  this one.
[24:41.040 --> 24:43.040]  Your beer fund.
[24:43.040 --> 24:45.040]  Yeah, Randy's beer fund.
[24:45.040 --> 24:51.040]  Let's not forget Randy's beer fund.
[24:51.040 --> 24:54.040]  Okay, we're going to go to Yaya in New York.
[24:54.040 --> 24:56.040]  Yeah, one more thing.
[24:56.040 --> 25:00.040]  For folks out there who have been kind of on the fence about getting Eddie's
[25:00.040 --> 25:06.040]  traffic seminar, go ahead and get it tonight because you'll get your name
[25:06.040 --> 25:12.040]  entered 10 times into the drawing if you purchase a traffic seminar by midnight
[25:12.040 --> 25:13.040]  tonight.
[25:13.040 --> 25:15.040]  So while the getting is good.
[25:15.040 --> 25:19.040]  And, Randy, you just very recently beat the system using Eddie's paperwork,
[25:19.040 --> 25:20.040]  did you not?
[25:20.040 --> 25:22.040]  Yes, I did.
[25:22.040 --> 25:31.040]  I went into a traffic court in Azalea, Texas, and I was having a great time.
[25:31.040 --> 25:35.040]  When I first went to the court, they called me up and I looked at the judge's
[25:35.040 --> 25:36.040]  name.
[25:36.040 --> 25:38.040]  The judge's name was Dedman.
[25:38.040 --> 25:42.040]  I looked down at the name and looked up at the judge and I said, Your Honor, I
[25:42.040 --> 25:48.040]  seem to remember a Judge Dedman here in Azalea, Texas, but I don't remember him
[25:48.040 --> 25:51.040]  having quite this much gray hair.
[25:51.040 --> 25:55.040]  And he looked at me and he said, Yes, Mr. Kelton, and I don't remember your
[25:55.040 --> 25:58.040]  belly being quite so big.
[25:58.040 --> 25:59.040]  Touché.
[25:59.040 --> 26:03.040]  The judge in Azalea, Texas, I have to give him credit.
[26:03.040 --> 26:07.040]  He is a very amiable, pleasant individual.
[26:07.040 --> 26:11.040]  I've never heard a harsh word out of him from the stand.
[26:11.040 --> 26:13.040]  But I jerked him around.
[26:13.040 --> 26:19.040]  I asked him to hold an examining trial, that I didn't come here for court.
[26:19.040 --> 26:22.040]  You don't have jurisdiction until you hold an examining trial, and I agreed to
[26:22.040 --> 26:25.040]  come here for an examining trial and I want one.
[26:25.040 --> 26:28.040]  But, Mr. Kelton, I'm not going to give you one.
[26:28.040 --> 26:32.040]  Well, in that case, I want you to go ask that bailiff to come over here and arrest
[26:32.040 --> 26:33.040]  you.
[26:33.040 --> 26:37.040]  No, Mr. Kelton, I'm not going to ask the bailiff to come over here and arrest me.
[26:37.040 --> 26:39.040]  Well, how about the prosecutor?
[26:39.040 --> 26:41.040]  We could get him to present you to the grand jury.
[26:41.040 --> 26:44.040]  No, I'm not going to ask him to present you.
[26:44.040 --> 26:45.040]  That was the first time.
[26:45.040 --> 26:49.040]  I come back the second time and I have a challenge to subject matter
[26:49.040 --> 26:51.040]  jurisdiction in there.
[26:51.040 --> 26:58.040]  And I had Eddie's portion about the requirements of a police officer to enforce
[26:58.040 --> 27:00.040]  the traffic code.
[27:00.040 --> 27:06.040]  And I had put in an information request for all of the, for any information
[27:06.040 --> 27:12.040]  they had concerning the training requirements and certification of their
[27:12.040 --> 27:14.040]  officers to enforce the traffic code.
[27:14.040 --> 27:20.040]  And when I gave it to them, their clerk came out and said, I've read your
[27:20.040 --> 27:25.040]  request, but I'm not sure what you're asking for.
[27:25.040 --> 27:29.040]  Can you clarify what it is you're asking for?
[27:29.040 --> 27:30.040]  Yes, I can.
[27:30.040 --> 27:36.040]  I am asking for exactly what that says.
[27:36.040 --> 27:40.040]  If you don't know what it means, take it to your lawyer.
[27:40.040 --> 27:41.040]  I'm sure he'll explain it.
[27:41.040 --> 27:48.040]  So they sent, the lawyer sent me a letter telling me that he couldn't
[27:48.040 --> 27:52.040]  provide us any information as he didn't know what I was asking for.
[27:52.040 --> 27:57.040]  And when I got to court, I told the prosecuting attorney that, you know,
[27:57.040 --> 28:02.040]  we asked for a jury trial and you've got a jury here, but we're not going to
[28:02.040 --> 28:07.040]  get to your jury because I have a subject matter jurisdiction before the
[28:07.040 --> 28:08.040]  court.
[28:08.040 --> 28:14.040]  And either the judge is going to grant us the challenge and dismiss the case,
[28:14.040 --> 28:21.040]  or the judge is going to deny the motion, in which case I will be standing at
[28:21.040 --> 28:26.040]  arm's length to the court and cannot adjudicate any issue before this court.
[28:26.040 --> 28:31.040]  So we're not going to get to use the jury anyway.
[28:31.040 --> 28:34.040]  And I asked him, have you read the pleading?
[28:34.040 --> 28:35.040]  He said, well, I glanced over it.
[28:35.040 --> 28:39.040]  I said, well, you might want to read it before we get in there.
[28:39.040 --> 28:41.040]  So we go into court.
[28:41.040 --> 28:45.040]  The court starts and the judge is calling all the names.
[28:45.040 --> 28:48.040]  He calls my name and he says, is the prosecution ready?
[28:48.040 --> 28:51.040]  The prosecution is not ready.
[28:51.040 --> 28:54.040]  State dismisses.
[28:54.040 --> 28:55.040]  I said, wait a minute.
[28:55.040 --> 28:58.040]  I was ready for a good fight.
[28:58.040 --> 29:00.040]  The judge said, sorry, Mr.
[29:00.040 --> 29:04.040]  Kelton, you missed out on it this time.
[29:04.040 --> 29:11.040]  They read the arguments in there and did not want to go there.
[29:11.040 --> 29:12.040]  So that really worked.
[29:12.040 --> 29:14.040]  And I'm sorry to take up all your time.
[29:14.040 --> 29:16.040]  Yaya, you've been waiting a long time.
[29:16.040 --> 29:17.040]  So I'm going to go.
[29:17.040 --> 29:19.040]  We're about to go to break.
[29:19.040 --> 29:21.040]  I'm sorry we used up this whole segment.
[29:21.040 --> 29:23.040]  And Yaya, you've been waiting a long time.
[29:23.040 --> 29:25.040]  Gary and Joe delivered.
[29:25.040 --> 29:27.040]  Everybody's been waiting a long time.
[29:27.040 --> 29:29.040]  We will pick you up on the other side.
[29:29.040 --> 29:33.040]  We'll start with you, Yaya, and won't waste any more of your time.
[29:33.040 --> 29:38.040]  This is Randy Kelton, Deborah Stevens, Steve Skidmore, Wheel of Law Radio.
[29:38.040 --> 29:43.040]  Our call in number, 512-646-1984.
[29:43.040 --> 29:48.040]  We're getting on toward the end of the show and the calls generally build up in the end.
[29:48.040 --> 29:52.040]  So if you have a question on law, due process, foreclosure,
[29:52.040 --> 29:55.040]  we're taking questions on any subject, give us a call.
[29:55.040 --> 30:01.040]  We'll be right back.
[30:01.040 --> 30:05.040]  We all know organic foods are better for our health and better for the environment,
[30:05.040 --> 30:07.040]  but we also know they're more expensive.
[30:07.040 --> 30:13.040]  In today's tough economy, are consumers making healthy choices or are we pinching pennies?
[30:13.040 --> 30:17.040]  I'm Dr. Catherine Albrecht, and I'll be back with the answer in just a moment.
[30:17.040 --> 30:19.040]  Privacy is under attack.
[30:19.040 --> 30:22.040]  When you give up data about yourself, you'll never get it back again.
[30:22.040 --> 30:27.040]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.040 --> 30:32.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.040 --> 30:35.040]  Privacy, it's worth hanging on to.
[30:35.040 --> 30:38.040]  This public service announcement is brought to you by StartPage.com,
[30:38.040 --> 30:42.040]  the private search engine alternative to Google, Yahoo, and Bing.
[30:42.040 --> 30:46.040]  Start over with StartPage.
[30:46.040 --> 30:51.040]  The tide is turning. Despite tough economic times and competition from cheaper,
[30:51.040 --> 30:56.040]  genetically modified foods, Americans are opening their wallets for organic choices.
[30:56.040 --> 31:01.040]  A new report shows the U.S. organic industry grew a whopping 8 percent in 2010,
[31:01.040 --> 31:07.040]  and sales of organic fruits and vegetables now account for nearly 12 percent of all produce sales.
[31:07.040 --> 31:10.040]  Clearly, consumers are demanding healthy options at the grocery store,
[31:10.040 --> 31:12.040]  and they're voting with their pocketbooks.
[31:12.040 --> 31:18.040]  So join me and millions of other conscientious shoppers as we change the face of America's farmlands
[31:18.040 --> 31:20.040]  and the choices available on our store shelves.
[31:20.040 --> 31:22.040]  Buy green.
[31:22.040 --> 31:31.040]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:31.040 --> 31:36.040]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[31:36.040 --> 31:38.040]  The government says that fire brought it down.
[31:38.040 --> 31:43.040]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[31:43.040 --> 31:46.040]  Over 6,000 of my fellow service members have given their lives.
[31:46.040 --> 31:49.040]  Thousands of my fellow force responders are dying.
[31:49.040 --> 31:50.040]  I'm not a conspiracy theorist.
[31:50.040 --> 31:51.040]  I'm a structural engineer.
[31:51.040 --> 31:52.040]  I'm a New York City correction officer.
[31:52.040 --> 31:53.040]  I'm an Air Force pilot.
[31:53.040 --> 31:55.040]  I'm a father who lost his son.
[31:55.040 --> 31:58.040]  We're Americans, and we deserve the truth.
[31:58.040 --> 32:02.040]  Go to RememberBuilding7.org today.
[32:02.040 --> 32:05.040]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.040 --> 32:08.040]  In today's America, we live in an us-against-them society,
[32:08.040 --> 32:10.040]  and if we, the people, are ever going to have a free society,
[32:10.040 --> 32:13.040]  then we're going to have to stand and defend our own rights.
[32:13.040 --> 32:16.040]  Among those rights are the right to travel freely from place to place,
[32:16.040 --> 32:17.040]  the right to act in our own private capacity,
[32:17.040 --> 32:20.040]  and most importantly, the right to due process of law.
[32:20.040 --> 32:22.040]  Traffic courts afford us the least expensive opportunity
[32:22.040 --> 32:26.040]  to learn how to enforce and preserve our rights through due process.
[32:26.040 --> 32:29.040]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio,
[32:29.040 --> 32:31.040]  has put together the most comprehensive teaching tool available
[32:31.040 --> 32:35.040]  that will help you understand what due process is and how to hold courts to the rule of law.
[32:35.040 --> 32:38.040]  You can get your own copy of this invaluable material by going to
[32:38.040 --> 32:41.040]  ruleoflawradio.com and ordering your copy today.
[32:41.040 --> 32:43.040]  By ordering now, you'll receive a copy of Eddie's book,
[32:43.040 --> 32:45.040]  The Texas Transportation Code, The Law Versus the Lie,
[32:45.040 --> 32:48.040]  video and audio of the original 2009 seminar,
[32:48.040 --> 32:51.040]  hundreds of research documents, and other useful resource material.
[32:51.040 --> 32:53.040]  Learn how to fight for your rights with the help of this material from
[32:53.040 --> 32:55.040]  ruleoflawradio.com.
[32:55.040 --> 33:02.040]  Order your copy today and together we can have a free society we all want and deserve.
[33:25.040 --> 33:33.040]  Music
[33:33.040 --> 33:35.040]  You don't even deserve a response, Mr. Kelton.
[33:35.040 --> 33:41.040]  Music
[33:41.040 --> 33:45.040]  That was a little left over from me picking on Steve on the break.
[33:45.040 --> 33:46.040]  It was.
[33:46.040 --> 33:48.040]  We have too much fun.
[33:48.040 --> 33:49.040]  Okay, we have too much fun on the break.
[33:49.040 --> 33:52.040]  Okay, now we're going to Yaya in New York.
[33:52.040 --> 33:55.040]  Did I pronounce that right?
[33:55.040 --> 33:56.040]  No, it's Dada.
[33:56.040 --> 33:57.040]  Hi, Randy.
[33:57.040 --> 33:58.040]  Hi, Deborah.
[33:58.040 --> 34:00.040]  I've been listening to your show.
[34:00.040 --> 34:06.040]  This is probably a very weird little bit out of the norm case that you usually have
[34:06.040 --> 34:09.040]  or anybody discusses about, but it's a copyright infringement case that I'm
[34:09.040 --> 34:11.040]  about to get involved with.
[34:11.040 --> 34:13.040]  It's a pro se case right now.
[34:13.040 --> 34:15.040]  I could potentially get some litigators.
[34:15.040 --> 34:17.040]  It's not a problem.
[34:17.040 --> 34:21.040]  I handled a former case of mine that was a U.S. 17.
[34:21.040 --> 34:28.040]  This, on the other hand, is an 18 and a 17, the 18 being it's criminal
[34:28.040 --> 34:33.040]  and it can't have a fair use argument because the work itself was stolen.
[34:33.040 --> 34:35.040]  It had to have been stolen.
[34:35.040 --> 34:40.040]  I have a large amount of material that is being used by artists.
[34:40.040 --> 34:42.040]  I'm not saying any names.
[34:42.040 --> 34:44.040]  They're all kind of working together.
[34:44.040 --> 34:48.040]  It passes the ordinary observant test.
[34:48.040 --> 34:51.040]  I have experts to say that it's predicated.
[34:51.040 --> 34:53.040]  It's definitely had to have been hacked.
[34:53.040 --> 34:58.040]  Some of the material back a while ago was handed to one of the guys,
[34:58.040 --> 34:59.040]  so there was a breach of contract.
[34:59.040 --> 35:06.040]  That could be, that's definable, but the rest of the material, it's there.
[35:06.040 --> 35:09.040]  It's a probative similarity and it's predicated and it's repetitive
[35:09.040 --> 35:12.040]  and it's a core use and it's a RICO suit.
[35:12.040 --> 35:13.040]  Okay, because they have...
[35:13.040 --> 35:16.040]  Jaja, Jaja, may I break in and ask a question?
[35:16.040 --> 35:18.040]  Regarding this intellectual property,
[35:18.040 --> 35:22.040]  what type of intellectual property are we talking about?
[35:22.040 --> 35:26.040]  Are we talking about song lyrics or are we talking about software,
[35:26.040 --> 35:28.040]  computer programming?
[35:28.040 --> 35:30.040]  What exactly are we talking about here?
[35:30.040 --> 35:32.040]  I just skipped over that, absolutely.
[35:32.040 --> 35:35.040]  I'm a visual artist and also a recording artist.
[35:35.040 --> 35:37.040]  I have hundreds of songs.
[35:37.040 --> 35:38.040]  Some are actual public.
[35:38.040 --> 35:42.040]  I'm Jaja and I have other visual works of art.
[35:42.040 --> 35:44.040]  My work is Janine Gordon.
[35:44.040 --> 35:46.040]  I have worked in museums.
[35:46.040 --> 35:50.040]  So some of the works in the physical artworks, the visual artworks,
[35:50.040 --> 35:52.040]  are covered in the VARA,
[35:52.040 --> 35:55.040]  are covered in the Digital Arts Rights Act actually also
[35:55.040 --> 35:57.040]  because they're shown in museums.
[35:57.040 --> 36:00.040]  I have stuff in museums.
[36:00.040 --> 36:04.040]  So they're really treading on a lot of fine grounds there.
[36:04.040 --> 36:10.040]  Now, the question I have before I file is about going to the feds
[36:10.040 --> 36:12.040]  because I did speak to the police today.
[36:12.040 --> 36:14.040]  I gave two of the artists.
[36:14.040 --> 36:15.040]  There's a lot of them.
[36:15.040 --> 36:19.040]  There's about 50 and three and four of them.
[36:19.040 --> 36:20.040]  That's six of them.
[36:20.040 --> 36:22.040]  Ten of them are really predicate.
[36:22.040 --> 36:23.040]  They're willful.
[36:23.040 --> 36:24.040]  They're willful.
[36:24.040 --> 36:26.040]  The other people they could have hired, for example.
[36:26.040 --> 36:28.040]  But I have to serve.
[36:28.040 --> 36:31.040]  I served only two of them because the amount of infringement
[36:31.040 --> 36:34.040]  and the evidence that I presented to their lawyers, they ignored me.
[36:34.040 --> 36:37.040]  Today was the last day of them ignoring.
[36:37.040 --> 36:40.040]  Now, I have other artists that I did not serve.
[36:40.040 --> 36:42.040]  I see synthesis due yet.
[36:42.040 --> 36:45.040]  But that is because it's also criminal.
[36:45.040 --> 36:48.040]  I could go right to the feds now.
[36:48.040 --> 36:52.040]  I mean, I'm wondering what I can do in terms of procedure that might be better.
[36:52.040 --> 36:55.040]  I mean, I could literally I could file a RICO suit.
[36:55.040 --> 36:58.040]  Do I need to have the federal investigation on this?
[36:58.040 --> 37:00.040]  First, it is a federal.
[37:00.040 --> 37:01.040]  It's unauthorized copyright.
[37:01.040 --> 37:03.040]  It's fraud.
[37:03.040 --> 37:05.040]  It's...
[37:05.040 --> 37:08.040]  Let me ask another question, Jojo.
[37:08.040 --> 37:17.040]  Did you get a non-compete or non-disclosure agreement signed by any of these individuals?
[37:17.040 --> 37:19.040]  No, but it was OK.
[37:19.040 --> 37:23.040]  It started in 2005, you know, when I first gave some of these people.
[37:23.040 --> 37:27.040]  I only physically gave them about 80 songs years ago.
[37:27.040 --> 37:29.040]  I never considered...
[37:29.040 --> 37:31.040]  I never did it again.
[37:31.040 --> 37:32.040]  You understand?
[37:32.040 --> 37:37.040]  So I never continually solicited my work or work for hire or to try to get signed.
[37:37.040 --> 37:38.040]  It was quickly...
[37:38.040 --> 37:43.040]  OK, so a direct response to the question would be in the negative.
[37:43.040 --> 37:44.040]  No, there was no written...
[37:44.040 --> 37:46.040]  No, there was not anything written.
[37:46.040 --> 37:48.040]  It was an implied breach of contract, absolutely implied.
[37:48.040 --> 37:49.040]  And it was...
[37:49.040 --> 37:50.040]  OK.
[37:50.040 --> 37:53.040]  You know, and that same particular person is working today with those people.
[37:53.040 --> 37:55.040]  It's definitely an implied breach of contract.
[37:55.040 --> 38:00.040]  So, you know, would it all be riding on the implied breach of contract?
[38:00.040 --> 38:04.040]  No, because we're also talking about probability of similarity that was also potentially hacked.
[38:04.040 --> 38:12.040]  I mean, do I need to have the feds come in, check the hack first before I say that it was, you know,
[38:12.040 --> 38:17.040]  implied that this material is probative similarity and stolen?
[38:17.040 --> 38:18.040]  OK, hold on.
[38:18.040 --> 38:26.040]  If you're going to file a RICO suit, then the answer to the feds is no.
[38:26.040 --> 38:37.040]  The only standing the feds would have is if you make a claim that invokes a constitutional or a federal issue.
[38:37.040 --> 38:39.040]  But keep in mind about the feds.
[38:39.040 --> 38:40.040]  But it is...
[38:40.040 --> 38:41.040]  The feds really...
[38:41.040 --> 38:47.040]  Because it is a federal issue just because, Randy, because it's U.S. unauthorized copyright usage
[38:47.040 --> 38:49.040]  and they've made a felony, they've...
[38:49.040 --> 38:50.040]  OK, hold on, hold on.
[38:50.040 --> 38:51.040]  OK.
[38:51.040 --> 38:58.040]  If you're going... this really doesn't go specifically to law, but it goes more to strategy.
[38:58.040 --> 39:01.040]  Right, that's why I'm following you guys.
[39:01.040 --> 39:02.040]  Yeah, yeah.
[39:02.040 --> 39:10.040]  These guys hate RICO because in RICO, you get to do civil discovery.
[39:10.040 --> 39:18.040]  And in civil discovery, you have a lot more latitude than you do in a criminal investigation type of discovery.
[39:18.040 --> 39:21.040]  Everything they ask for in criminal, they've got to get a warrant.
[39:21.040 --> 39:24.040]  In civil, you have a lot more latitude.
[39:24.040 --> 39:32.040]  Then you can take that information, you subpoena in the civil, and then use it against them in the criminal.
[39:32.040 --> 39:34.040]  That's why they hate RICO so much.
[39:34.040 --> 39:36.040]  That's what's so dangerous about it.
[39:36.040 --> 39:43.040]  If you send in the feds first, these guys are going to say, if you try the civil,
[39:43.040 --> 39:49.040]  that they will object because this can be used against them in the criminal.
[39:49.040 --> 39:54.040]  If there is no criminal investigation invoked at the time,
[39:54.040 --> 39:59.040]  they will be much less likely to raise that issue because by doing it,
[39:59.040 --> 40:07.040]  they're saying, we have reason to believe we committed crimes and you're going to find out about it.
[40:07.040 --> 40:12.040]  They're not going to want to point you in that direction.
[40:12.040 --> 40:18.040]  That's very smart because I could eventually get them to, by failure to deny,
[40:18.040 --> 40:22.040]  I could get an investigation just on their failure to deny
[40:22.040 --> 40:26.040]  because they can't say they independently created that without looking at my work for inspiration
[40:26.040 --> 40:28.040]  or to appropriate my protected expression.
[40:28.040 --> 40:30.040]  It's really, really obvious.
[40:30.040 --> 40:33.040]  There's no way that they could purge it themselves.
[40:33.040 --> 40:37.040]  I'm sure that that's probably the best solution to do it.
[40:37.040 --> 40:39.040]  And they're listening right now, trust me.
[40:39.040 --> 40:41.040]  They have their ears peeled to me all the time.
[40:41.040 --> 40:45.040]  I have my own radio show too and they appeal to me, everything I do.
[40:45.040 --> 40:49.040]  So let them know that whatever, that's the best strategy, Randy,
[40:49.040 --> 40:54.040]  because I don't really want to call in the whole guards and turn it upside down right away.
[40:54.040 --> 40:58.040]  I already spoke to a fed today.
[40:58.040 --> 41:02.040]  Wait, there's one other thing to understand.
[41:02.040 --> 41:05.040]  The feds are not on your side.
[41:05.040 --> 41:11.040]  We like to think that the FBI is a great investigative agency, they are worthless.
[41:11.040 --> 41:14.040]  They're a political arm of the president.
[41:14.040 --> 41:19.040]  But that doesn't mean they don't have the value.
[41:19.040 --> 41:22.040]  Everything is political.
[41:22.040 --> 41:33.040]  If you stop thinking of things in terms of the rule of law, the rule of law has never applied.
[41:33.040 --> 41:41.040]  I have an interpretation of a plaque that was commissioned in 3500 BC.
[41:41.040 --> 41:43.040]  That's 5500 years ago.
[41:43.040 --> 41:47.040]  And this king is proclaiming that he's reasserting the old law
[41:47.040 --> 41:51.040]  because those in positions of power and authority have so perverted the laws
[41:51.040 --> 41:56.040]  that the citizen can no longer achieve justice.
[41:56.040 --> 41:59.040]  This sounds vaguely familiar.
[41:59.040 --> 42:02.040]  Yeah, so it's been going on 5500 years.
[42:02.040 --> 42:08.040]  You will never win your case simply because you have the law and the facts on your side.
[42:08.040 --> 42:11.040]  You can win your case if you have the politics on your side.
[42:11.040 --> 42:18.040]  So I'm going to suggest before you do anything, back up, take another look at this and think,
[42:18.040 --> 42:21.040]  okay, all politics is local.
[42:21.040 --> 42:23.040]  Who's behind?
[42:23.040 --> 42:25.040]  Can I get in a crack?
[42:25.040 --> 42:27.040]  Who has nothing to do with this?
[42:27.040 --> 42:34.040]  What local officials do we have that have something to do with this?
[42:34.040 --> 42:40.040]  For instance, you've got an artist here using your work on a program
[42:40.040 --> 42:49.040]  that has an advertiser with a nice big name and doesn't want any dirt kicked in his face.
[42:49.040 --> 42:51.040]  Go to the advertiser.
[42:51.040 --> 42:54.040]  Raise your issue with them.
[42:54.040 --> 43:03.040]  You're supporting these people using information they got in violation of copyright.
[43:03.040 --> 43:06.040]  So you're saying that I could go after, for example,
[43:06.040 --> 43:14.040]  like YouTube for copyright infringement for showing my derivatives, unauthorized derivatives, for example?
[43:14.040 --> 43:15.040]  Exactly.
[43:15.040 --> 43:19.040]  And then the guys with YouTube is going to go to these folks and say,
[43:19.040 --> 43:24.040]  what the heck is going on here, and they have more leverage against these people.
[43:24.040 --> 43:26.040]  This is all politics.
[43:26.040 --> 43:29.040]  This is how you're going to beat them.
[43:29.040 --> 43:30.040]  Hang on.
[43:30.040 --> 43:36.040]  We're about to go to break, but you're dealing with people who are in the public eye.
[43:36.040 --> 43:38.040]  Perception is everything.
[43:38.040 --> 43:40.040]  We'll talk about that when we come back on the other side.
[43:40.040 --> 43:45.040]  This is Randy Kelton, Deborah Stevens, Steve Skidmore, Rule of Law Radio.
[43:45.040 --> 43:50.040]  Our call in number 512-46-1984.
[43:50.040 --> 43:51.040]  Give us a call.
[43:51.040 --> 43:52.040]  We're getting toward the end of the show.
[43:52.040 --> 44:00.040]  We'll be right back.
[44:00.040 --> 44:02.040]  My name is Jessica Arman.
[44:02.040 --> 44:05.040]  I'm an activist, a GCN listener, and mother of three.
[44:05.040 --> 44:10.040]  Our drinking water and food are filled with fluoride and other contaminants that harm our teeth and gums.
[44:10.040 --> 44:15.040]  To protect my family, I created My Magic Mud, an all-natural teeth brightening and strengthening remedy.
[44:15.040 --> 44:18.040]  My Magic Mud is a soft powder that polishes your teeth,
[44:18.040 --> 44:22.040]  reduces sensitivity, and removes harmful toxins from deep inside your mouth.
[44:22.040 --> 44:24.040]  You deserve a bright, healthy smile.
[44:24.040 --> 44:26.040]  Visit MyMagicMud.com and get yours today.
[44:26.040 --> 44:29.040]  That's MyMagicMud.com.
[44:29.040 --> 44:30.040]  Hi, this is Kurt Hildebrand.
[44:30.040 --> 44:32.040]  I've been using Magic Mud for a while now,
[44:32.040 --> 44:35.040]  and I just can't believe how much healthier my teeth and gums feel.
[44:35.040 --> 44:36.040]  I love the product.
[44:36.040 --> 44:38.040]  This is Anna Martin, the libertarian homeschooler.
[44:38.040 --> 44:42.040]  I homeschool, so I drink coffee, and I drink coffee, so I use Magic Mud.
[44:42.040 --> 44:44.040]  It gets my teeth really clean.
[44:44.040 --> 44:45.040]  Give it a try.
[44:45.040 --> 44:46.040]  This is John Bush of the Liberty Bee.
[44:46.040 --> 44:49.040]  My wife and I use My Magic Mud because it brightens our smile,
[44:49.040 --> 44:52.040]  and our daughter uses it because it makes brushing fun.
[44:52.040 --> 45:01.040]  To get your can of My Magic Mud, go to Brave New Books or order it online at MyMagicMud.com.
[45:01.040 --> 45:04.040]  Are you the plaintiff or defendant in a lawsuit?
[45:04.040 --> 45:08.040]  Win your case without an attorney with Jurisdictionary, the affordable,
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[45:56.040 --> 46:01.040]  or call toll-free 866-LAW-EASY.
[46:01.040 --> 46:27.040]  Music
[46:27.040 --> 46:52.040]  Music
[46:52.040 --> 46:58.040]  Okay, we're back. This is Blue the Owl Show with the Kelton.
[46:58.040 --> 47:00.040]  When we were going out, I said the show was almost over.
[47:00.040 --> 47:02.040]  That didn't come out the way I meant it to.
[47:02.040 --> 47:06.040]  We have another hour, but the calls tend to build up toward the end.
[47:06.040 --> 47:11.040]  So if you want to get on on, there's a lot of people who can't pick us up until we're late.
[47:11.040 --> 47:14.040]  So right toward the end of the show, we get a bunch of calls.
[47:14.040 --> 47:18.040]  So if you have a question or comment, call in early so you'll be in line
[47:18.040 --> 47:20.040]  and we'll be able to get to you.
[47:20.040 --> 47:24.040]  Okay, back to Jaja in New York.
[47:24.040 --> 47:32.040]  This is all, it's hard to wrap your head around the fact that everything's political.
[47:32.040 --> 47:36.040]  We're taught in school what a great and wonderful country we have
[47:36.040 --> 47:41.040]  and that we live in a land of law and that's all horseman-doer.
[47:41.040 --> 47:47.040]  We live in a land of politics, but if we understand the politics,
[47:47.040 --> 47:52.040]  that gives us the power to use the law to manipulate the politics.
[47:52.040 --> 47:54.040]  We can get to the federal part.
[47:54.040 --> 47:57.040]  We got a way of really kicking around the feds,
[47:57.040 --> 48:04.040]  but if you're looking for remedy, there's probably a political place to get remedy
[48:04.040 --> 48:08.040]  that's a lot more effective than getting in a big fight with these guys.
[48:08.040 --> 48:15.040]  When I go after public officials, I never want the official to do what I ask him to do
[48:15.040 --> 48:19.040]  because I never ask him to do anything that is not required to do.
[48:19.040 --> 48:23.040]  And when he doesn't do it, I don't raise an issue with him.
[48:23.040 --> 48:28.040]  I go find somebody else who would have influence with him,
[48:28.040 --> 48:33.040]  somebody that he is not going to want to have asking him hard, ugly questions,
[48:33.040 --> 48:38.040]  and I go thump that guy because of this guy below him.
[48:38.040 --> 48:43.040]  In your case, you have people using your promotional materials
[48:43.040 --> 48:46.040]  and they're going to be doing that for paid.
[48:46.040 --> 48:48.040]  Somebody's paying them.
[48:48.040 --> 48:49.040]  So much money.
[48:49.040 --> 48:50.040]  Are you kidding me?
[48:50.040 --> 48:51.040]  They're rolling big.
[48:51.040 --> 48:53.040]  They're so big that they can pay the feds.
[48:53.040 --> 48:59.040]  Oh, the bigger they are, the more sensitive they are to perception.
[48:59.040 --> 49:01.040]  Everything is political.
[49:01.040 --> 49:06.040]  All politics is local, and perception is everything.
[49:06.040 --> 49:10.040]  You bring them the perception that you may well go after them
[49:10.040 --> 49:16.040]  for copyright infringements that are being perpetrated by someone they're paying.
[49:16.040 --> 49:20.040]  They are going to be really, really unhappy.
[49:20.040 --> 49:25.040]  They're going to go to these people with righteous indignation.
[49:25.040 --> 49:27.040]  That's how you'll get influence.
[49:27.040 --> 49:30.040]  Then you bring them to the table to make your deal.
[49:30.040 --> 49:36.040]  And if you push someone good and hard, they're going to push back.
[49:36.040 --> 49:39.040]  It's just the nature of things.
[49:39.040 --> 49:49.040]  So the first thing to do is decide what for you would be an equitable outcome.
[49:49.040 --> 49:55.040]  I get on this show and I'm telling everybody, you know, when you get a fight like this,
[49:55.040 --> 50:00.040]  you've got to be careful because they do things and you have responses to them.
[50:00.040 --> 50:02.040]  You get upset and you fight back and forth.
[50:02.040 --> 50:04.040]  And after a while, it becomes pacified.
[50:04.040 --> 50:06.040]  And I've been helping people with foreclosure for years.
[50:06.040 --> 50:09.040]  And when I'm telling people this, I'm doing the same thing.
[50:09.040 --> 50:13.040]  All I could think about was how do I beat these guys up in court?
[50:13.040 --> 50:17.040]  I never stepped back and said, wait a minute, wait a minute.
[50:17.040 --> 50:21.040]  What is the outcome we're trying to achieve?
[50:21.040 --> 50:25.040]  And is court the only way to get to it?
[50:25.040 --> 50:33.040]  It turns out the threat of court is much worse than the actual court itself.
[50:33.040 --> 50:38.040]  And there is a danger that in lies there with criminal accusations.
[50:38.040 --> 50:43.040]  You never, never, never want to use the threat, quote,
[50:43.040 --> 50:51.040]  threat of filing criminal charges against somebody to leverage a civil settlement.
[50:51.040 --> 50:53.040]  That's called embezzlement.
[50:53.040 --> 50:56.040]  And they will nail you to the proverbial cross for it.
[50:56.040 --> 50:57.040]  Yeah.
[50:57.040 --> 51:01.040]  The only way you can do that is to file a RICO action.
[51:01.040 --> 51:04.040]  A RICO action comes inherent with that threat.
[51:04.040 --> 51:08.040]  But that's when you start pushing them, and they have to fight back.
[51:08.040 --> 51:11.040]  They have to defend themselves against you.
[51:11.040 --> 51:12.040]  But I did say that...
[51:12.040 --> 51:16.040]  If you go to the outlying people...
[51:16.040 --> 51:17.040]  Sorry.
[51:17.040 --> 51:18.040]  Go ahead.
[51:18.040 --> 51:23.040]  In the season assist, I did mention that they're probably liable for this,
[51:23.040 --> 51:24.040]  that, and the other thing.
[51:24.040 --> 51:26.040]  I didn't say, give me, pay me this, though.
[51:26.040 --> 51:28.040]  I was like, look, this is what's going on.
[51:28.040 --> 51:29.040]  I ran it by a few people.
[51:29.040 --> 51:33.040]  They said it was fine, because I mentioned a whole bunch of stuff, you know.
[51:33.040 --> 51:36.040]  I mean, you're certainly not supposed to mention that it was an 18
[51:36.040 --> 51:40.040]  in the season assist.
[51:40.040 --> 51:42.040]  Wait, I didn't...
[51:42.040 --> 51:44.040]  I missed part of that.
[51:44.040 --> 51:55.040]  To what Steve said earlier, us folks in Texas don't listen as fast as you talk.
[51:55.040 --> 52:02.040]  But I did send them a season assist, and I did mention that they probably are
[52:02.040 --> 52:05.040]  liable under criminal, you know.
[52:05.040 --> 52:06.040]  Okay.
[52:06.040 --> 52:07.040]  That's okay.
[52:07.040 --> 52:08.040]  What I'm suggesting...
[52:08.040 --> 52:11.040]  You haven't sued them yet, so you can do that.
[52:11.040 --> 52:14.040]  What I'm suggesting is don't send them...
[52:14.040 --> 52:17.040]  Probably what you're going to be faced with, because, you know, yeah.
[52:17.040 --> 52:18.040]  Okay.
[52:18.040 --> 52:19.040]  Gotcha.
[52:19.040 --> 52:20.040]  Okay.
[52:20.040 --> 52:25.040]  But what I'm suggesting is you send nasty letters to the people they're
[52:25.040 --> 52:32.040]  collecting money from and get those people to go to the people that you're
[52:32.040 --> 52:37.040]  having a problem with and getting them to explain why we shouldn't stop
[52:37.040 --> 52:39.040]  paying you money.
[52:39.040 --> 52:43.040]  Now you get their attention.
[52:43.040 --> 52:46.040]  It's all politics.
[52:46.040 --> 52:47.040]  Does that make sense?
[52:47.040 --> 52:50.040]  I don't have to prove my case to the, you know, YouTube, for example.
[52:50.040 --> 52:52.040]  I don't have to send them my copyright.
[52:52.040 --> 52:54.040]  I have the copyright registration, so I just...
[52:54.040 --> 52:58.040]  They send it to them, say, this is this, and send them, you know, the...
[52:58.040 --> 52:59.040]  No, I don't need to do that.
[52:59.040 --> 53:01.040]  I could just make the complaint, right?
[53:01.040 --> 53:02.040]  You just make the complaint.
[53:02.040 --> 53:07.040]  Their copyright infringement, let them go ahead and try to deny it.
[53:07.040 --> 53:08.040]  You're not listening.
[53:08.040 --> 53:09.040]  You're still...
[53:09.040 --> 53:15.040]  You're just so wound up on starting a fight.
[53:15.040 --> 53:18.040]  Let's not start a fight yet.
[53:18.040 --> 53:24.040]  If you haven't exercised some other options, go to the people that are
[53:24.040 --> 53:25.040]  supporting these folks.
[53:25.040 --> 53:30.040]  If these folks are in the media, they're being paid by somebody.
[53:30.040 --> 53:34.040]  And generally, they're paid by people who are real sensitive about their
[53:34.040 --> 53:37.040]  public image.
[53:37.040 --> 53:44.040]  And if you go to the people paying these people and imply that you're likely
[53:44.040 --> 53:50.040]  to drag them into court because of what these other people are doing, these
[53:50.040 --> 53:54.040]  advertisers and such are not going to be happy campers.
[53:54.040 --> 53:56.040]  This is a standard technique used all over.
[53:56.040 --> 53:58.040]  Coca-Cola was...
[53:58.040 --> 54:03.040]  Just a few years ago, there was a church group who had an issue about some
[54:03.040 --> 54:08.040]  company, and they went to Coca-Cola, who was advertising them, and got
[54:08.040 --> 54:11.040]  Coca-Cola to pull their advertising.
[54:11.040 --> 54:16.040]  And that was a really big deal.
[54:16.040 --> 54:22.040]  When you get people's advertisers, especially for your media, to start
[54:22.040 --> 54:27.040]  raising issues with them, you'll get these people to come to you and make
[54:27.040 --> 54:29.040]  you an offer to get you paid.
[54:29.040 --> 54:37.040]  The problem with this, dude, is it costs so much, and it will eat your life.
[54:37.040 --> 54:38.040]  I can do it, Randy.
[54:38.040 --> 54:39.040]  It's not a problem.
[54:39.040 --> 54:41.040]  I can do it impoverished.
[54:41.040 --> 54:42.040]  I've already done it.
[54:42.040 --> 54:43.040]  I can do it for friends.
[54:43.040 --> 54:46.040]  I'm not talking about impoverished.
[54:46.040 --> 54:49.040]  I'm talking about the stress it will put on you.
[54:49.040 --> 54:52.040]  It will eat your life.
[54:52.040 --> 54:55.040]  It'll be a project.
[54:55.040 --> 54:58.040]  And I misspoke a moment ago.
[54:58.040 --> 55:05.040]  I said that the threat of filing criminal charges to leverage a civil settlement
[55:05.040 --> 55:06.040]  was embezzlement.
[55:06.040 --> 55:07.040]  I misspoke.
[55:07.040 --> 55:10.040]  That is not embezzlement.
[55:10.040 --> 55:15.040]  That is frowned upon.
[55:15.040 --> 55:17.040]  That'll get you sanctioned.
[55:17.040 --> 55:28.040]  The courts say you may not use criminal to gain advantage in civil.
[55:28.040 --> 55:29.040]  Yeah, that's extortion.
[55:29.040 --> 55:37.040]  It's not exactly extortion because you're not really demanding money in order to not
[55:37.040 --> 55:40.040]  file criminal charges.
[55:40.040 --> 55:45.040]  But it will get you sanctioned in a civil case.
[55:45.040 --> 55:50.040]  If you're going to file criminal charges against him, just go file him.
[55:50.040 --> 55:55.040]  Because when you file him, the prosecutor's not going to want to prosecute a case
[55:55.040 --> 55:58.040]  unless it's really easy for him.
[55:58.040 --> 56:00.040]  So he's not going to prosecute the case.
[56:00.040 --> 56:04.040]  And then you get to hammer the prosecutor and annoy him.
[56:04.040 --> 56:08.040]  But never, ever mention it in the civil.
[56:08.040 --> 56:12.040]  See if you get the other side to mention it in the civil.
[56:12.040 --> 56:17.040]  Then you ask for sanctions against them.
[56:17.040 --> 56:19.040]  Does that make sense?
[56:19.040 --> 56:20.040]  Okay.
[56:20.040 --> 56:27.040]  But before you get in this big fight, you might see if you can secure the
[56:27.040 --> 56:31.040]  outcome that's important to you.
[56:31.040 --> 56:36.040]  And I'm assuming the outcome that's important is for you to be paid for your work.
[56:36.040 --> 56:44.040]  If you have another agenda, if you have an agenda that involves seeking
[56:44.040 --> 56:47.040]  retribution, good luck with that.
[56:47.040 --> 56:49.040]  It's difficult.
[56:49.040 --> 56:51.040]  I don't even want to do that.
[56:51.040 --> 56:52.040]  I'm not even that tight.
[56:52.040 --> 56:56.040]  I just want my, you know, I want them to stop stealing and I want to get paid for
[56:56.040 --> 56:58.040]  what they did do.
[56:58.040 --> 57:04.040]  Do you know what a DMCA takedown request is?
[57:04.040 --> 57:05.040]  No.
[57:05.040 --> 57:07.040]  DMCA.
[57:07.040 --> 57:11.040]  David, help me out here, Randy.
[57:11.040 --> 57:12.040]  DMCA.
[57:12.040 --> 57:16.040]  Delta Mama Charlie.
[57:16.040 --> 57:17.040]  Apple.
[57:17.040 --> 57:18.040]  Apple.
[57:18.040 --> 57:19.040]  No, Alpha.
[57:19.040 --> 57:20.040]  Alpha.
[57:20.040 --> 57:26.040]  DMCA takedown request can be sent to YouTube and there is an online form that you can
[57:26.040 --> 57:30.040]  fill out and they will take it down.
[57:30.040 --> 57:32.040]  That would be great.
[57:32.040 --> 57:33.040]  That's fantastic.
[57:33.040 --> 57:37.040]  You know, any artist that I sent the cease and desist to, I gave them the time
[57:37.040 --> 57:41.040]  limit and then they were warned and they decided to willfully ignore it.
[57:41.040 --> 57:42.040]  Then I could do that too.
[57:42.040 --> 57:45.040]  But the other people that I haven't sent the cease and desist to, I can't do that
[57:45.040 --> 57:51.040]  too yet because I want to kind of play it amicably at first.
[57:51.040 --> 57:52.040]  Yeah.
[57:52.040 --> 57:53.040]  Go to their advertisers.
[57:53.040 --> 58:03.040]  That will create reason for them to deal amiably and equally with you.
[58:03.040 --> 58:04.040]  Okay.
[58:04.040 --> 58:07.040]  Hang on.
[58:07.040 --> 58:08.040]  Okay.
[58:08.040 --> 58:09.040]  Do you have more for us?
[58:09.040 --> 58:12.040]  Have we pretty well answered your questions?
[58:12.040 --> 58:13.040]  Good for now.
[58:13.040 --> 58:14.040]  You guys are great.
[58:14.040 --> 58:17.040]  I will be listening nonstop and call you back if I get another problem.
[58:17.040 --> 58:18.040]  Trust me.
[58:18.040 --> 58:19.040]  Thank you, Jaja.
[58:19.040 --> 58:20.040]  Thank you.
[58:20.040 --> 58:21.040]  Okay.
[58:21.040 --> 58:26.040]  This is Randy Kelton, Steve Skidmore, Deborah Stevens, Root of Our Radio.
[58:26.040 --> 58:30.040]  Call in number 512-646-1984.
[58:30.040 --> 58:31.040]  Give us a call.
[58:31.040 --> 58:34.040]  We're going toward the top of the hour.
[58:34.040 --> 58:35.040]  We've got one more hour left.
[58:35.040 --> 58:40.040]  So if you have a question or comment, get in quickly because we tend to kind of
[58:40.040 --> 58:43.040]  build up, especially in this last hour.
[58:43.040 --> 58:44.040]  Okay.
[59:13.040 --> 59:14.040]  Thank you.
[01:00:13.040 --> 01:00:15.040]  We'll be right back.
[01:00:43.040 --> 01:00:45.040]  We'll be right back.
[01:01:13.040 --> 01:01:14.040]  We'll be right back.
[01:01:44.040 --> 01:01:49.040]  Internet security experts are calling the sweep a direct violation of Canada's Constitution.
[01:01:49.040 --> 01:01:56.040]  Check out theLibertyBeat.com for the full report by Julie Wilson.
[01:01:56.040 --> 01:02:01.040]  New York's new mayor has decided to drop the appeal of a court decision that ruled the
[01:02:01.040 --> 01:02:05.040]  New York Police Department's stop and frisk program was unconstitutional.
[01:02:05.040 --> 01:02:09.040]  Mayor Bill de Blasio made the announcement Thursday, reversing the policies of former
[01:02:09.040 --> 01:02:10.040]  Mayor Michael Bloomberg.
[01:02:10.040 --> 01:02:15.040]  Last August, Judge Shira A. Shileneff, Federal District Court in Manhattan, ruled on the
[01:02:15.040 --> 01:02:24.040]  unconstitutionality of the programs, as well as a policy of indirect racial profiling.
[01:02:24.040 --> 01:02:29.040]  Support for Liberty Beat comes from shinybadges.com, supplying the Liberty Movement with lapel
[01:02:29.040 --> 01:02:32.040]  pins of their favorite anarchists and volunteer symbols.
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[01:02:35.040 --> 01:02:38.040]  Support for Liberty Beat comes from My Magic Mud.
[01:02:38.040 --> 01:02:42.040]  Available at Brave New Books or online at mymagicmud.com.
[01:02:42.040 --> 01:02:47.040]  Support for Liberty Beat comes from SovereignBTC, media, marketing, and consulting for the Bitcoin
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[01:02:51.040 --> 01:02:56.040]  This is the Liberty Beat for Friday, January 31, 2014.
[01:02:56.040 --> 01:03:23.040]  Be sure to check out the website at thelibertybeat.com.
[01:03:26.040 --> 01:03:44.040]  Okay, we are back.
[01:03:44.040 --> 01:03:52.040]  Randy Kelton, Steve Skidmore, the ruler of our radio with Deborah Stevens there in the
[01:03:52.040 --> 01:03:53.040]  background.
[01:03:53.040 --> 01:03:57.040]  And we're going to go into Gary in Texas.
[01:03:57.040 --> 01:04:00.040]  Hello, Mr. Gary.
[01:04:00.040 --> 01:04:01.040]  Hey, Randy.
[01:04:01.040 --> 01:04:03.040]  What's up?
[01:04:03.040 --> 01:04:04.040]  Things are good.
[01:04:04.040 --> 01:04:07.040]  How is it going down in San Antonio?
[01:04:07.040 --> 01:04:08.040]  Cool.
[01:04:08.040 --> 01:04:10.040]  Quick question.
[01:04:10.040 --> 01:04:16.040]  I have a quote, which is on point with your earlier conversation.
[01:04:16.040 --> 01:04:21.040]  Do you know who Robert B. Anderson is?
[01:04:21.040 --> 01:04:22.040]  No.
[01:04:22.040 --> 01:04:23.040]  Okay.
[01:04:23.040 --> 01:04:28.040]  He is Secretary of the Treasury under Eisenhower.
[01:04:28.040 --> 01:04:40.040]  And he said in an interview in the August 13, 1959 issue of US News and World Report,
[01:04:40.040 --> 01:04:54.040]  when a bank makes a loan, it is simply adds to the borrower's deposit account in the
[01:04:54.040 --> 01:05:00.040]  bank by the amount of the loan.
[01:05:00.040 --> 01:05:05.040]  The money is not taken from anyone else's deposit.
[01:05:05.040 --> 01:05:12.040]  It was not previously paid into the bank by anyone.
[01:05:12.040 --> 01:05:21.040]  It is new money created by the bank for the use of the borrower.
[01:05:21.040 --> 01:05:22.040]  Yeah.
[01:05:22.040 --> 01:05:27.040]  That's what the Federal Reserve does.
[01:05:27.040 --> 01:05:30.040]  It's really just a mark on a ledger.
[01:05:30.040 --> 01:05:31.040]  Exactly.
[01:05:31.040 --> 01:05:39.040]  So the money is not green dollars created.
[01:05:39.040 --> 01:05:44.040]  It's just a mark on a ledger.
[01:05:44.040 --> 01:05:50.040]  We've got a lot of guys that claim that there is no money, that the bank never had any
[01:05:50.040 --> 01:05:57.040]  money in the contract, but they're making a difference.
[01:05:57.040 --> 01:06:01.040]  The bank had something of value.
[01:06:01.040 --> 01:06:05.040]  The bank traded the borrower a deed of trust.
[01:06:05.040 --> 01:06:13.040]  How the bank got that deed of trust is not the borrower's business directly unless there
[01:06:13.040 --> 01:06:19.040]  was some theft or fraud involved, like we spoke to earlier where they got the money
[01:06:19.040 --> 01:06:22.040]  from the Mexican or Colombian drug cartels.
[01:06:22.040 --> 01:06:31.040]  But otherwise, it's not any of the borrower's business how the bank got the warranty deed.
[01:06:31.040 --> 01:06:38.040]  If you buy a car from me and I bring you a valid title to the car, how I bought the car
[01:06:38.040 --> 01:06:40.040]  is not any of your business.
[01:06:40.040 --> 01:06:42.040]  It doesn't affect you.
[01:06:42.040 --> 01:06:48.040]  So all these guys making this argument that there was no contract because the bank never
[01:06:48.040 --> 01:06:54.040]  had any money in the transaction, well, that's incorrect.
[01:06:54.040 --> 01:06:55.040]  This is irrelevant.
[01:06:55.040 --> 01:06:57.040]  Rather, they had money in it.
[01:06:57.040 --> 01:07:00.040]  They had something of value, which was the warranty deed.
[01:07:00.040 --> 01:07:01.040]  Correct.
[01:07:01.040 --> 01:07:08.040]  And this, of course, is from the Credit River decision, First National Bank of Montgomery
[01:07:08.040 --> 01:07:11.040]  versus Jerome Daly.
[01:07:11.040 --> 01:07:18.040]  So it's interesting, but that's not the point of my question tonight.
[01:07:18.040 --> 01:07:24.040]  I was trying to lead back to the original premise of your program tonight.
[01:07:24.040 --> 01:07:26.040]  Oh, thank you.
[01:07:26.040 --> 01:07:27.040]  Yes, sir.
[01:07:27.040 --> 01:07:29.040]  So here's the question.
[01:07:29.040 --> 01:07:41.040]  I have an occasion where I requested a Public Information Act request to the local police
[01:07:41.040 --> 01:07:50.040]  department and local sheriff's agency for documents and videos.
[01:07:50.040 --> 01:07:59.040]  And the agencies did not reply within the 10-day required period.
[01:07:59.040 --> 01:08:11.040]  So my question is, what are the applicable criminal statutes and criminal accusations
[01:08:11.040 --> 01:08:17.040]  against these agencies for non-reply?
[01:08:17.040 --> 01:08:25.040]  The 552 Government Code, the Open Government Act, declares that a violation of the Act
[01:08:25.040 --> 01:08:30.040]  is official misconduct and a class A misdemeanor.
[01:08:30.040 --> 01:08:32.040]  You would name the...
[01:08:32.040 --> 01:08:37.040]  I tell people the Open Government Act is not a civil statute.
[01:08:37.040 --> 01:08:41.040]  If you go to these public officials and they don't do what they're supposed to, they say,
[01:08:41.040 --> 01:08:42.040]  well, you can just sue me.
[01:08:42.040 --> 01:08:44.040]  No, no, no.
[01:08:44.040 --> 01:08:45.040]  This is not a civil statute.
[01:08:45.040 --> 01:08:48.040]  This is a criminal statute.
[01:08:48.040 --> 01:08:51.040]  So you take it to the prosecuting attorney.
[01:08:51.040 --> 01:08:55.040]  And you know what the prosecuting attorney is going to want to do with it?
[01:08:55.040 --> 01:08:56.040]  Nothing.
[01:08:56.040 --> 01:09:00.040]  That's great because you never ask a public official to do anything you actually want
[01:09:00.040 --> 01:09:02.040]  him to do.
[01:09:02.040 --> 01:09:07.040]  You go to the prosecuting attorney so that he will refuse to act.
[01:09:07.040 --> 01:09:10.040]  And then you make up a set of complaints against the prosecuting attorney.
[01:09:10.040 --> 01:09:14.040]  But you can't give those to the prosecuting attorney.
[01:09:14.040 --> 01:09:17.040]  He would be disqualified.
[01:09:17.040 --> 01:09:22.040]  Go back to 39.01.
[01:09:22.040 --> 01:09:27.040]  I'm sorry, 39.015.
[01:09:27.040 --> 01:09:35.040]  Chapter 39 are crimes committed by public officials that only public officials can commit.
[01:09:35.040 --> 01:09:47.040]  In 2007, the legislature passed an amendment to 39.01 and they added 39.015.
[01:09:47.040 --> 01:09:57.040]  And in there, they gave the attorney general concurrent jurisdiction with the district attorney
[01:09:57.040 --> 01:10:01.040]  in matters of criminal complaints against public officials.
[01:10:01.040 --> 01:10:09.040]  So since the attorney general has concurrent jurisdiction, if your complaint is against
[01:10:09.040 --> 01:10:20.040]  the district attorney, then the only place to take that is the attorney general.
[01:10:20.040 --> 01:10:29.040]  And if the attorney general fails to act, you would take it to some magistrate, but
[01:10:29.040 --> 01:10:37.040]  you don't want to go to a local JP and ask him to hold an examining trial over the attorney
[01:10:37.040 --> 01:10:38.040]  general.
[01:10:38.040 --> 01:10:45.040]  He's going to be intimidated and therefore you could expect that he would be biased by
[01:10:45.040 --> 01:10:47.040]  that intimidation.
[01:10:47.040 --> 01:10:52.040]  Same thing with a county judge, a district judge.
[01:10:52.040 --> 01:10:59.040]  The only place that you could really expect someone not to be intimidated by the attorney
[01:10:59.040 --> 01:11:05.040]  general's power and position would be the chief justice of the Supreme.
[01:11:05.040 --> 01:11:08.040]  Nobody intimidates him.
[01:11:08.040 --> 01:11:14.040]  And he is a magistrate, Article 2.09, who are magistrates.
[01:11:14.040 --> 01:11:20.040]  Very first one, justices of the Supreme Court.
[01:11:20.040 --> 01:11:26.040]  And since he's the chief justice of the Supreme, he's the logical person to take the
[01:11:26.040 --> 01:11:28.040]  criminal complaint to.
[01:11:28.040 --> 01:11:32.040]  And what do you think he's going to do with it?
[01:11:32.040 --> 01:11:34.040]  Yeah, he's going to use a fatality paper.
[01:11:34.040 --> 01:11:44.040]  Now you get to come back to the Austin grand jury and file all your complaints with them.
[01:11:44.040 --> 01:11:52.040]  I'm glad you talked to this issue, Gary, because sometimes it takes a while for things to sink
[01:11:52.040 --> 01:11:53.040]  in.
[01:11:53.040 --> 01:11:58.040]  You know, we've been having trouble getting two grand juries.
[01:11:58.040 --> 01:12:02.040]  There are some counties that don't get in your way at all.
[01:12:02.040 --> 01:12:08.040]  Tarrant County told me that if I come down and approach the bailiff and tell the bailiff
[01:12:08.040 --> 01:12:11.040]  to instruct the form that I have business with the grand jury, and when he asked me
[01:12:11.040 --> 01:12:17.040]  what the matrix business is, if I give him an envelope to give to the foreman that
[01:12:17.040 --> 01:12:22.040]  prosecuting attorney will not interfere.
[01:12:22.040 --> 01:12:28.040]  So I have attorney general opinion, JM 500.
[01:12:28.040 --> 01:12:30.040]  It's an old opinion.
[01:12:30.040 --> 01:12:38.040]  And while I had Judge Shipman and Denton once tell me over this particular attorney general
[01:12:38.040 --> 01:12:44.040]  opinion, I had bushwhacked him and dropped some criminal complaints on him.
[01:12:44.040 --> 01:12:48.040]  And he didn't want to take them.
[01:12:48.040 --> 01:12:55.040]  And I quoted attorney general opinion, JM 500 to it that said any magistrate may take
[01:12:55.040 --> 01:13:02.040]  any complaint felony or misdemeanor state or federal.
[01:13:02.040 --> 01:13:09.040]  So, in effect, any magistrate anywhere in the state can take a complaint against accusing
[01:13:09.040 --> 01:13:12.040]  someone of a crime from anywhere else in the state.
[01:13:12.040 --> 01:13:17.040]  And the judge said, well, Mr. Calton, as far as this court is concerned, you can use an
[01:13:17.040 --> 01:13:20.040]  attorney general's opinion for toilet paper.
[01:13:20.040 --> 01:13:28.040]  I said, well, Your Honor, I hope you don't find the underlying stare decisis quite so
[01:13:28.040 --> 01:13:29.040]  versatile.
[01:13:29.040 --> 01:13:32.040]  Jerk.
[01:13:32.040 --> 01:13:44.040]  But anyway, the point of this is if a magistrate may hear any complaint from anywhere in Texas,
[01:13:44.040 --> 01:13:51.040]  and since the courts have upheld that once you have had an indictment, you no longer
[01:13:51.040 --> 01:13:56.040]  have a right to an examining trial because it serves the same purpose, then any grand
[01:13:56.040 --> 01:14:05.040]  jury can hear any complaint against the public official that you hear felony and misdemeanor
[01:14:05.040 --> 01:14:08.040]  anywhere in the state.
[01:14:08.040 --> 01:14:13.040]  So if we find a county that will let us get to the grand jury, then we go to that grand
[01:14:13.040 --> 01:14:15.040]  jury.
[01:14:15.040 --> 01:14:25.040]  When we start taking the chief justice of the supreme directly to a grand jury, we will
[01:14:25.040 --> 01:14:28.040]  get ourselves some changes.
[01:14:28.040 --> 01:14:32.040]  And when we're going after the director and the chief justice of the supreme because he
[01:14:32.040 --> 01:14:40.040]  didn't perform his duty as a magistrate and hold an examining trial for the attorney general,
[01:14:40.040 --> 01:14:45.040]  it's going to get real exciting down here at the bottom because you know what they say
[01:14:45.040 --> 01:14:52.040]  about poop in a big organization.
[01:14:52.040 --> 01:14:58.040]  Okay. Does that answer your question, Gary, about what to do with that issue?
[01:14:58.040 --> 01:15:02.040]  Well, a little bit more clarification.
[01:15:02.040 --> 01:15:16.040]  If, okay, like in this specifically, so you have more information, if the police department
[01:15:16.040 --> 01:15:28.040]  and the sheriff's department fail to respond to a public information act request, then
[01:15:28.040 --> 01:15:38.040]  they do commit the act of official misconduct.
[01:15:38.040 --> 01:15:39.040]  Exactly.
[01:15:39.040 --> 01:15:41.040]  Class A misdemeanor.
[01:15:41.040 --> 01:15:42.040]  Correct.
[01:15:42.040 --> 01:15:51.040]  So do you file that complaint with the district attorney or do you file that complaint with
[01:15:51.040 --> 01:15:54.040]  the state attorney general?
[01:15:54.040 --> 01:16:03.040]  No, you'd file it with the, I wouldn't do the district, the attorney general first because
[01:16:03.040 --> 01:16:08.040]  in the district, the district attorney has original jurisdiction.
[01:16:08.040 --> 01:16:15.040]  Technically, the attorney general has concurrent, but when you go directly to the attorney general,
[01:16:15.040 --> 01:16:20.040]  he's going to send you back to the district attorney who has concurrent jurisdiction.
[01:16:20.040 --> 01:16:24.040]  So it's not exactly inappropriate for him to do that.
[01:16:24.040 --> 01:16:27.040]  So we had that off.
[01:16:27.040 --> 01:16:30.040]  The attorney general is not going to want to take the complaint.
[01:16:30.040 --> 01:16:34.040]  He's going to tell you the only time he can take the complaint is if the prosecutor asks
[01:16:34.040 --> 01:16:35.040]  him to.
[01:16:35.040 --> 01:16:38.040]  Well, the laws change, that's no longer the case.
[01:16:38.040 --> 01:16:43.040]  So, but to keep him from sending it back to the prosecutor attorney is we bring him a
[01:16:43.040 --> 01:16:45.040]  complaint against the prosecuting attorney.
[01:16:45.040 --> 01:16:48.040]  Try to send that one back.
[01:16:48.040 --> 01:16:49.040]  Bubba.
[01:16:49.040 --> 01:16:53.040]  He's the only other one with jurisdiction.
[01:16:53.040 --> 01:16:54.040]  Hang on.
[01:16:54.040 --> 01:16:55.040]  We'll be right back.
[01:16:55.040 --> 01:16:58.040]  This is Randy Kelton, Deborah Stevens, We'll Broad Radio.
[01:16:58.040 --> 01:17:02.040]  We'll be right back.
[01:17:02.040 --> 01:17:07.040]  To celebrate recent victories for our right to bear arms, Logos Radio Network is giving
[01:17:07.040 --> 01:17:12.040]  away two firearms as part of this year's fundraiser sponsored by Zombie Killers, Ammo and Guns.
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[01:18:43.040 --> 01:18:46.040]  Call us at 512-646-6440.
[01:18:46.040 --> 01:18:51.040]  We're located at 7304 Burnett Road, Suite A, about a half mile south of Anderson.
[01:18:51.040 --> 01:18:55.040]  We're open Monday through Friday 10 to 6, Saturdays 10 to 2.
[01:18:55.040 --> 01:19:22.040]  Visit us at CapitalCoinandBullying.com or call 512-646-6440.
[01:19:25.040 --> 01:19:31.040]  Okay, we are back.
[01:19:31.040 --> 01:19:35.040]  Randy Kelton, Debra Stevens, Steve Skidmore with Radio and Gary.
[01:19:35.040 --> 01:19:38.040]  Give me a call tomorrow offline.
[01:19:38.040 --> 01:19:39.040]  We'll talk about this.
[01:19:39.040 --> 01:19:42.040]  I could spend the whole rest of the show on it.
[01:19:42.040 --> 01:19:44.040]  We've got about four more callers.
[01:19:44.040 --> 01:19:48.040]  So give me a call tomorrow and I'll go into this in detail because you can have a lot of
[01:19:48.040 --> 01:19:49.040]  fun with this thing.
[01:19:49.040 --> 01:19:52.040]  And I'm sorry I have to move on.
[01:19:52.040 --> 01:19:55.040]  I know you waited a long time to get on.
[01:19:55.040 --> 01:19:57.040]  But I do need to move along.
[01:19:57.040 --> 01:19:59.040]  Joe in Illinois.
[01:19:59.040 --> 01:20:01.040]  What do you have for us, Joe?
[01:20:01.040 --> 01:20:02.040]  And we do need to move quickly.
[01:20:02.040 --> 01:20:08.040]  I know you've been holding for a long time and I'm sorry, but what do you have for us?
[01:20:08.040 --> 01:20:09.040]  Hello, Randy.
[01:20:09.040 --> 01:20:11.040]  This is Joe.
[01:20:11.040 --> 01:20:19.040]  Randy, I got some issue with Deed of Trust original document created 20 years ago with
[01:20:19.040 --> 01:20:24.040]  some error in property description.
[01:20:24.040 --> 01:20:29.040]  And the problem is that, you know, a couple of days ago somebody recorded this document
[01:20:29.040 --> 01:20:34.040]  and I don't see, I can't see any name on it, you know, who did it.
[01:20:34.040 --> 01:20:40.040]  And, you know, and on the face of this document that we said just on the description,
[01:20:40.040 --> 01:20:44.040]  re-recorded to correct a legal description.
[01:20:44.040 --> 01:20:49.040]  So my question is how can, what can I do to revert this, you know, record?
[01:20:49.040 --> 01:20:54.040]  There's a, there's a, the quiet title action is designed for that purpose.
[01:20:54.040 --> 01:20:58.040]  If you do a quiet title action, you don't ask for any damages.
[01:20:58.040 --> 01:21:04.040]  It's just a form of a petition for declaratory judgment.
[01:21:04.040 --> 01:21:09.040]  You ask the court to look at the four corners of this document.
[01:21:09.040 --> 01:21:16.040]  And then you compare what's inside the document to the filing criteria for the County Registrar's
[01:21:16.040 --> 01:21:22.040]  Office and show how this document fails to meet the filing criteria and ask the court
[01:21:22.040 --> 01:21:26.040]  to rule that the document is void and unenforceable.
[01:21:26.040 --> 01:21:30.040]  This document is called, you know, it's not a security instrument.
[01:21:30.040 --> 01:21:31.040]  It's called indenture.
[01:21:31.040 --> 01:21:33.040]  That's, you know, that's a...
[01:21:33.040 --> 01:21:36.040]  An indenture is a warranty deed.
[01:21:36.040 --> 01:21:37.040]  Warranty deed.
[01:21:37.040 --> 01:21:43.040]  Wait, I mean, indenture is, that's normally a term used in New York, not in Illinois.
[01:21:43.040 --> 01:21:45.040]  Oh, yeah, there is, you know.
[01:21:45.040 --> 01:21:51.040]  And my question is who is supposed to, who is eligible to make changes on such a, you know, document?
[01:21:51.040 --> 01:21:52.040]  Okay.
[01:21:52.040 --> 01:21:58.040]  Who has, do you have a warranty deed on the property?
[01:21:58.040 --> 01:22:00.040]  Is it your property?
[01:22:00.040 --> 01:22:01.040]  Oh, yeah, yeah.
[01:22:01.040 --> 01:22:02.040]  It's mine.
[01:22:02.040 --> 01:22:03.040]  Okay.
[01:22:03.040 --> 01:22:08.040]  And a warranty deed gives you ownership of the property.
[01:22:08.040 --> 01:22:19.040]  So you have standing to raise an issue concerning any document filed in the record that affects the deed.
[01:22:19.040 --> 01:22:25.040]  And the only documents that can be filed in this record are records that affect the deed.
[01:22:25.040 --> 01:22:36.040]  So you have standing to file a petition to quiet title, and you only petition to quiet title as concerns this particular document.
[01:22:36.040 --> 01:22:40.040]  You merely ask the judge to rule that it's insufficient for filing.
[01:22:40.040 --> 01:22:51.040]  Not that they don't have a claim, just that this document is insufficient on its face compared to the filing rules for filing.
[01:22:51.040 --> 01:23:01.040]  My question is, I still have a question, who is it, you know, the person who filed this document was eligible to do it because there is no signature on this document?
[01:23:01.040 --> 01:23:02.040]  That's the point.
[01:23:02.040 --> 01:23:05.040]  That's the point.
[01:23:05.040 --> 01:23:08.040]  That's the issue you raise.
[01:23:08.040 --> 01:23:11.040]  You got it and you don't know you got it.
[01:23:11.040 --> 01:23:15.040]  You say to the court, they didn't sign it.
[01:23:15.040 --> 01:23:20.040]  Or if they did sign it, they don't have any authority to sign this.
[01:23:20.040 --> 01:23:24.040]  And ask the court to rule that, no, they don't have any authority.
[01:23:24.040 --> 01:23:27.040]  So this instrument is void.
[01:23:27.040 --> 01:23:33.040]  Quiet title is designed specifically for that purpose.
[01:23:33.040 --> 01:23:39.040]  I already did quiet title for my security instrument because there was not a lot of flaws in it.
[01:23:39.040 --> 01:23:41.040]  So I already did it.
[01:23:41.040 --> 01:23:42.040]  Okay.
[01:23:42.040 --> 01:23:43.040]  This is the same thing.
[01:23:43.040 --> 01:23:45.040]  I'm not sure what your question is beyond that.
[01:23:45.040 --> 01:23:50.040]  No, yeah, it's just, you know, it costs money too, you know, just filing, you know, it costs money.
[01:23:50.040 --> 01:23:52.040]  It's not free, you know.
[01:23:52.040 --> 01:23:55.040]  And it also takes time because, you know, when they...
[01:23:55.040 --> 01:23:56.040]  There's no magic.
[01:23:56.040 --> 01:23:58.040]  Everything takes time.
[01:23:58.040 --> 01:24:12.040]  If they're trying to foreclose or something and you file a petition to quiet title, you petition the court for restraining order to restrain them, anyone who would attempt to foreclose based on the strength of this document,
[01:24:12.040 --> 01:24:24.040]  because the document is now challenged, you ask the court to maintain the status quo until an adjudication is made on this document.
[01:24:24.040 --> 01:24:30.040]  But, you know, anybody can just make changes on this intention document?
[01:24:30.040 --> 01:24:31.040]  Yeah.
[01:24:31.040 --> 01:24:35.040]  This is how it works.
[01:24:35.040 --> 01:24:39.040]  Anybody can file anything they want to, just about.
[01:24:39.040 --> 01:24:45.040]  There are certain kinds of documents that can be filed in the county registrar's office and anybody can file them.
[01:24:45.040 --> 01:24:58.040]  When they're filed, they are presumed to be regular on their face and they will continue to be presumed to be regular until someone challenges it.
[01:24:58.040 --> 01:25:01.040]  I could come and file a claim against your property.
[01:25:01.040 --> 01:25:06.040]  And if you didn't raise an objection, the court will assume it's valid.
[01:25:06.040 --> 01:25:09.040]  You have to go in there and say, this is not valid.
[01:25:09.040 --> 01:25:11.040]  Here's the reason it's not valid.
[01:25:11.040 --> 01:25:13.040]  Take it out.
[01:25:13.040 --> 01:25:16.040]  That's the only assignment of this document.
[01:25:16.040 --> 01:25:23.040]  But, you know, how about this document basically says recording for correct legal description.
[01:25:23.040 --> 01:25:25.040]  So this is, you know, document.
[01:25:25.040 --> 01:25:26.040]  Oh, that's okay.
[01:25:26.040 --> 01:25:28.040]  That's just a nun's pro-tunk.
[01:25:28.040 --> 01:25:30.040]  There's another name for it here.
[01:25:30.040 --> 01:25:31.040]  I forget what it was.
[01:25:31.040 --> 01:25:33.040]  I was looking for it the other day.
[01:25:33.040 --> 01:25:36.040]  It's just to correct an error.
[01:25:36.040 --> 01:25:49.040]  If the document they're referring to is a valid document and the error they are correcting is appropriate, then there's nothing to challenge.
[01:25:49.040 --> 01:25:52.040]  It doesn't affect your title.
[01:25:52.040 --> 01:25:53.040]  I don't know.
[01:25:53.040 --> 01:25:58.040]  That's, you know, that's defining what you know for the purpose of straightening out basically.
[01:25:58.040 --> 01:25:59.040]  Wait.
[01:25:59.040 --> 01:26:00.040]  You're not making sense.
[01:26:00.040 --> 01:26:08.040]  Someone filed a document to correct the legal description of the property.
[01:26:08.040 --> 01:26:10.040]  Is that correct?
[01:26:10.040 --> 01:26:11.040]  Yeah.
[01:26:11.040 --> 01:26:18.040]  Was the legal description of the property in another document incorrect?
[01:26:18.040 --> 01:26:22.040]  I just know there is no legal description in a security instrument.
[01:26:22.040 --> 01:26:23.040]  That is correct.
[01:26:23.040 --> 01:26:27.040]  But they don't match, you know, together.
[01:26:27.040 --> 01:26:35.040]  If the legal description in the first one was wrong and they filed to correct it, the corrected one is not going to match the wrong one.
[01:26:35.040 --> 01:26:36.040]  This doesn't make sense.
[01:26:36.040 --> 01:26:38.040]  I don't know what you're asking.
[01:26:38.040 --> 01:26:42.040]  I'm asking that somebody just, you know, try to change it, you know.
[01:26:42.040 --> 01:26:44.040]  I mean, change it.
[01:26:44.040 --> 01:26:52.040]  Well, if there was a typographical error in the first recording, then somebody would have filed something.
[01:26:52.040 --> 01:26:59.040]  If they noticed the typographical error, they would have filed a document to correct that typographical error.
[01:26:59.040 --> 01:27:01.040]  Let me get back to the beginning.
[01:27:01.040 --> 01:27:05.040]  Who was the original lender?
[01:27:05.040 --> 01:27:10.040]  Original lender was National City.
[01:27:10.040 --> 01:27:12.040]  National City Mortgage.
[01:27:12.040 --> 01:27:14.040]  My favorite.
[01:27:14.040 --> 01:27:24.040]  Is there a transfer of the, an assignment of the deed of the mortgage to another company?
[01:27:24.040 --> 01:27:26.040]  There is, yeah, there is assignment.
[01:27:26.040 --> 01:27:27.040]  There is assignment.
[01:27:27.040 --> 01:27:31.040]  Is the assignment made by National City Mortgage?
[01:27:31.040 --> 01:27:34.040]  To National City Mortgage.
[01:27:34.040 --> 01:27:37.040]  Who did they assign it to?
[01:27:37.040 --> 01:27:39.040]  To the same company.
[01:27:39.040 --> 01:27:42.040]  National City Mortgage is assigned to National City Mortgage.
[01:27:42.040 --> 01:27:44.040]  Okay, what's the end of it?
[01:27:44.040 --> 01:27:49.040]  The chain in National City Mortgage, it started out National City Mortgage Company.
[01:27:49.040 --> 01:27:58.040]  They changed their name to National City Mortgage Incorporated, who merged with National City Real Estate Services, LLC,
[01:27:58.040 --> 01:28:03.040]  who was then bought out by PNC Bank National Association.
[01:28:03.040 --> 01:28:15.040]  Okay, what I'm getting to is who filed this Nuns Pro Tuck, this petition to correct a property description?
[01:28:15.040 --> 01:28:17.040]  What entity filed that?
[01:28:17.040 --> 01:28:22.040]  I'm just looking and there is, you know, there is no sign and there is no signature on it, on this document.
[01:28:22.040 --> 01:28:28.040]  What company is named in the document?
[01:28:28.040 --> 01:28:36.040]  On the document, there is, you know, there is First National Bank.
[01:28:36.040 --> 01:28:38.040]  That's the name of the trust.
[01:28:38.040 --> 01:28:41.040]  Okay, let me, okay.
[01:28:41.040 --> 01:28:46.040]  Is the correction that they filed right?
[01:28:46.040 --> 01:28:50.040]  Was the property description wrong in the first place?
[01:28:50.040 --> 01:28:52.040]  Yes.
[01:28:52.040 --> 01:28:55.040]  Okay, and did this correct it?
[01:28:55.040 --> 01:28:57.040]  Yeah, they just correct it.
[01:28:57.040 --> 01:28:59.040]  You don't have an issue?
[01:28:59.040 --> 01:29:01.040]  Yeah, there's no problem.
[01:29:01.040 --> 01:29:06.040]  You're going in and saying they corrected a problem that was a problem,
[01:29:06.040 --> 01:29:09.040]  but they missed something in correcting the problem.
[01:29:09.040 --> 01:29:11.040]  The court's going to say?
[01:29:11.040 --> 01:29:22.040]  I can guess who did it because, you know, probably they did it, it was done by a title company.
[01:29:22.040 --> 01:29:24.040]  Okay, okay.
[01:29:24.040 --> 01:29:27.040]  National, wait a minute, hold on, hold on.
[01:29:27.040 --> 01:29:30.040]  When was this filed?
[01:29:30.040 --> 01:29:34.040]  There was filed a few days ago on January 24th.
[01:29:34.040 --> 01:29:36.040]  Wait, I couldn't understand you.
[01:29:36.040 --> 01:29:38.040]  National City's been out of business since 2009.
[01:29:38.040 --> 01:29:40.040]  That's what I'm trying to get to.
[01:29:40.040 --> 01:29:41.040]  I didn't get a date.
[01:29:41.040 --> 01:29:43.040]  You're not answering my, oh, this is getting frustrating.
[01:29:43.040 --> 01:29:45.040]  I'm running out of time here.
[01:29:45.040 --> 01:29:49.040]  Answer my question, what day?
[01:29:49.040 --> 01:29:50.040]  What date?
[01:29:50.040 --> 01:29:51.040]  Yeah.
[01:29:51.040 --> 01:29:52.040]  Oh, we're out of time.
[01:29:52.040 --> 01:29:53.040]  Hold on.
[01:29:53.040 --> 01:29:54.040]  I'll be right back.
[01:29:54.040 --> 01:29:56.040]  It has been filed on January 24th.
[01:29:56.040 --> 01:29:57.040]  Stop, stop, stop.
[01:29:57.040 --> 01:30:03.040]  14.
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[01:33:01.040 --> 01:33:23.040]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:23.040 --> 01:33:27.040]  Okay, we are back, Randy Kelton, Deborah Stevens, Rube Law Radio.
[01:33:27.040 --> 01:33:29.040]  I'm getting a little frustrated, Joe.
[01:33:29.040 --> 01:33:32.040]  This is a really, really simple issue.
[01:33:32.040 --> 01:33:42.040]  I'm trying to ask for a specific date because national city mortgage does not exist anymore,
[01:33:42.040 --> 01:33:45.040]  and a dead guy can't file a document in the record.
[01:33:45.040 --> 01:33:50.040]  What was the date of filing of this document?
[01:33:50.040 --> 01:33:55.040]  This document, as I said at the beginning, was created in 1994.
[01:33:55.040 --> 01:33:57.040]  That's an invention.
[01:33:57.040 --> 01:33:59.040]  You can't challenge it.
[01:33:59.040 --> 01:34:00.040]  No.
[01:34:00.040 --> 01:34:07.040]  It's generally only half about four years, and then it becomes corrected by the passage of time.
[01:34:07.040 --> 01:34:10.040]  Oh, so it's incorrect itself.
[01:34:10.040 --> 01:34:15.040]  Yeah, and it was an irrelevant issue anyway.
[01:34:15.040 --> 01:34:21.040]  But, you know, it opens up a road to foreclosure because there was an issue of mismatch.
[01:34:21.040 --> 01:34:22.040]  No, no, no.
[01:34:22.040 --> 01:34:23.040]  Nah.
[01:34:23.040 --> 01:34:27.040]  The empirical error does not open a road to foreclosure.
[01:34:27.040 --> 01:34:28.040]  Oh, yeah.
[01:34:28.040 --> 01:34:29.040]  There were two counts, you know.
[01:34:29.040 --> 01:34:30.040]  In my case, it was two counts.
[01:34:30.040 --> 01:34:34.040]  You know, one was, you know, reformation of deed, and the second was foreclosure.
[01:34:34.040 --> 01:34:38.040]  So right now, you know, reformation of deed, you know, is out of question.
[01:34:38.040 --> 01:34:39.040]  Okay, hold on.
[01:34:39.040 --> 01:34:45.040]  The mortgage had a legal description, and it had the address of the property.
[01:34:45.040 --> 01:34:48.040]  Was the address of the property correct?
[01:34:48.040 --> 01:34:49.040]  Yes.
[01:34:49.040 --> 01:34:50.040]  You're done.
[01:34:50.040 --> 01:34:51.040]  That's enough.
[01:34:51.040 --> 01:34:52.040]  That's enough.
[01:34:52.040 --> 01:34:55.040]  The property is sufficiently described.
[01:34:55.040 --> 01:34:57.040]  So you read the document.
[01:34:57.040 --> 01:35:03.040]  You can't confuse this property based on that error with some other property.
[01:35:03.040 --> 01:35:06.040]  It's just clearly a typographical error.
[01:35:06.040 --> 01:35:07.040]  That's right.
[01:35:07.040 --> 01:35:11.040]  And, you know, you won't get any ground on that at all.
[01:35:11.040 --> 01:35:12.040]  Okay, I do need to move along.
[01:35:12.040 --> 01:35:14.040]  I've got a bunch more callers, and I'm running out of time.
[01:35:14.040 --> 01:35:17.040]  And I'm sorry I get frustrated.
[01:35:17.040 --> 01:35:19.040]  Sorry about that.
[01:35:19.040 --> 01:35:22.040]  Okay, my fault, I'm a grumpy old man.
[01:35:22.040 --> 01:35:23.040]  Okay.
[01:35:23.040 --> 01:35:24.040]  Thank you, Joe.
[01:35:24.040 --> 01:35:25.040]  You are.
[01:35:25.040 --> 01:35:26.040]  Yeah, I am.
[01:35:26.040 --> 01:35:27.040]  Okay.
[01:35:27.040 --> 01:35:29.040]  Get you another root beer, Randy.
[01:35:29.040 --> 01:35:30.040]  I ran out.
[01:35:30.040 --> 01:35:31.040]  That's my problem.
[01:35:31.040 --> 01:35:33.040]  Ah, withdrawal symptoms.
[01:35:33.040 --> 01:35:37.040]  Okay, now we're going to go to, wait a minute.
[01:35:37.040 --> 01:35:41.040]  We had a first-time caller and lost her.
[01:35:41.040 --> 01:35:42.040]  Joan?
[01:35:42.040 --> 01:35:43.040]  Yeah, Joan.
[01:35:43.040 --> 01:35:44.040]  Oh, this is Joan.
[01:35:44.040 --> 01:35:45.040]  Joan's the first time.
[01:35:45.040 --> 01:35:46.040]  I thought we had another one.
[01:35:46.040 --> 01:35:47.040]  Okay.
[01:35:47.040 --> 01:35:48.040]  Joan.
[01:35:48.040 --> 01:35:49.040]  Hello, Joan.
[01:35:49.040 --> 01:35:50.040]  Joan in Texas.
[01:35:50.040 --> 01:35:51.040]  Hi, yes.
[01:35:51.040 --> 01:35:52.040]  How are you doing?
[01:35:52.040 --> 01:35:53.040]  Fine, thank you.
[01:35:53.040 --> 01:35:54.040]  I'm doing good.
[01:35:54.040 --> 01:35:59.040]  You sound like you're kind of overmodulating the mic.
[01:35:59.040 --> 01:36:02.040]  Can you back up from it just a little bit?
[01:36:02.040 --> 01:36:05.040]  I'm just on my phone.
[01:36:05.040 --> 01:36:07.040]  I'm not anywhere near ready.
[01:36:07.040 --> 01:36:08.040]  Okay, that's better.
[01:36:08.040 --> 01:36:09.040]  Oh, good.
[01:36:09.040 --> 01:36:12.040]  What do you got for us tonight, Joan?
[01:36:12.040 --> 01:36:18.040]  Yes, I was in this car collision a year ago and it was this scam thing.
[01:36:18.040 --> 01:36:20.040]  They potentially get you in a collision.
[01:36:20.040 --> 01:36:27.040]  Anyway, that said, things spiraling out of control because of the issues with...
[01:36:27.040 --> 01:36:28.040]  Wait a minute.
[01:36:28.040 --> 01:36:29.040]  Hold on, hold on.
[01:36:29.040 --> 01:36:31.040]  I'm having a terrible time understanding you.
[01:36:31.040 --> 01:36:37.040]  Can you move the mic a little bit below your chin so it's not so close to your mouth?
[01:36:37.040 --> 01:36:39.040]  Okay, is that any better?
[01:36:39.040 --> 01:36:41.040]  That's a little better, yes.
[01:36:41.040 --> 01:36:42.040]  Okay, real good.
[01:36:42.040 --> 01:36:48.040]  Well, I was in this car collision, had some physical injuries, couldn't work as much.
[01:36:48.040 --> 01:36:54.040]  That in turn then made me go into bankruptcy at Chapter 7.
[01:36:54.040 --> 01:36:55.040]  Didn't affect the house.
[01:36:55.040 --> 01:36:59.040]  I have a house here in the North Austin area.
[01:36:59.040 --> 01:37:06.040]  But now I made the mistake of putting two of my daughters on the deed of the house.
[01:37:06.040 --> 01:37:08.040]  In any event, something would have happened to me.
[01:37:08.040 --> 01:37:13.040]  They wouldn't have any problems with the state if I were to die.
[01:37:13.040 --> 01:37:14.040]  Well, wouldn't...
[01:37:14.040 --> 01:37:15.040]  Okay, hold on.
[01:37:15.040 --> 01:37:18.040]  Not the best strategy.
[01:37:18.040 --> 01:37:21.040]  Put the house into a trust.
[01:37:21.040 --> 01:37:22.040]  Yeah, yeah.
[01:37:22.040 --> 01:37:23.040]  I didn't know any better.
[01:37:23.040 --> 01:37:25.040]  So one of my daughters got...
[01:37:25.040 --> 01:37:26.040]  Oh, boy.
[01:37:26.040 --> 01:37:28.040]  She's gotten so greedy.
[01:37:28.040 --> 01:37:30.040]  She hasn't pitched in.
[01:37:30.040 --> 01:37:32.040]  I'm in the house myself.
[01:37:32.040 --> 01:37:37.040]  Both daughters married since we bought the house eight years ago.
[01:37:37.040 --> 01:37:41.040]  But the younger daughter's gotten so greedy, she wants one-third of the house even though
[01:37:41.040 --> 01:37:49.040]  she never paid a penny toward the home in doing anything with the house or toward the mortgage.
[01:37:49.040 --> 01:37:51.040]  And she said she wants to...
[01:37:51.040 --> 01:37:52.040]  She's doing...
[01:37:52.040 --> 01:37:54.040]  She can't get it.
[01:37:54.040 --> 01:37:55.040]  That's right.
[01:37:55.040 --> 01:37:59.040]  If you hold...
[01:37:59.040 --> 01:38:02.040]  If she only holds a third, she can't get it.
[01:38:02.040 --> 01:38:03.040]  She can't force sales.
[01:38:03.040 --> 01:38:05.040]  She can't do anything.
[01:38:05.040 --> 01:38:09.040]  That's why she's threatening for sale or making me foreclose.
[01:38:09.040 --> 01:38:10.040]  I don't know.
[01:38:10.040 --> 01:38:11.040]  Let her threaten.
[01:38:11.040 --> 01:38:12.040]  She can't.
[01:38:12.040 --> 01:38:13.040]  Yeah, let her threaten.
[01:38:13.040 --> 01:38:14.040]  She can't.
[01:38:14.040 --> 01:38:17.040]  And this is not something she can do.
[01:38:17.040 --> 01:38:20.040]  If it was me, I'd tell her, if you want to go through the time, hardship, and expense
[01:38:20.040 --> 01:38:25.040]  of filing suit, honey, knock yourself out.
[01:38:25.040 --> 01:38:26.040]  Okay, who...
[01:38:26.040 --> 01:38:29.040]  This will be a good lesson in life.
[01:38:29.040 --> 01:38:30.040]  When...
[01:38:30.040 --> 01:38:31.040]  Yeah.
[01:38:31.040 --> 01:38:34.040]  Did you grant the property in the first place?
[01:38:34.040 --> 01:38:37.040]  Oh, she's on the mortgage as well, this thinker.
[01:38:37.040 --> 01:38:38.040]  Oh, okay.
[01:38:38.040 --> 01:38:41.040]  There's not anything she can do.
[01:38:41.040 --> 01:38:42.040]  Oh, okay.
[01:38:42.040 --> 01:38:45.040]  Yeah, she's cutting all she wants to.
[01:38:45.040 --> 01:38:48.040]  Is she paying us as a borrower or on the note?
[01:38:48.040 --> 01:38:53.040]  The thing is, I want to sell the house because I can't keep up with payments.
[01:38:53.040 --> 01:38:59.040]  And in order to sell the house, I'm afraid I'll have potential buyers that come closing
[01:38:59.040 --> 01:39:06.040]  if my daughter, the greedy daughter, doesn't sign the papers that she needs to sign.
[01:39:06.040 --> 01:39:11.040]  Let me ask you a very technical question and pay very close attention to the language I
[01:39:11.040 --> 01:39:12.040]  use.
[01:39:12.040 --> 01:39:15.040]  Is she attempting to slander the title?
[01:39:15.040 --> 01:39:17.040]  It appears that way.
[01:39:17.040 --> 01:39:19.040]  That is a cause of action.
[01:39:19.040 --> 01:39:20.040]  Do not...
[01:39:20.040 --> 01:39:21.040]  Wait a minute.
[01:39:21.040 --> 01:39:23.040]  Do not be afraid to sue your kids.
[01:39:23.040 --> 01:39:28.040]  Well, I already had to go through the eviction when she had her boyfriend break in the house
[01:39:28.040 --> 01:39:30.040]  and steal a motorcycle out of the garage.
[01:39:30.040 --> 01:39:33.040]  I mean, she's in hell with her.
[01:39:33.040 --> 01:39:34.040]  Okay.
[01:39:34.040 --> 01:39:39.040]  I have no problem continuing if I have to to make this work.
[01:39:39.040 --> 01:39:40.040]  Okay.
[01:39:40.040 --> 01:39:44.040]  She's either attempting to place a cloud on the title or slander the title.
[01:39:44.040 --> 01:39:45.040]  Yeah, I think so.
[01:39:45.040 --> 01:39:50.040]  Either way, that causes you harm because you cannot enjoy the dispose of the property.
[01:39:50.040 --> 01:39:58.040]  Okay, if you have a legitimate offer for a sale and she interferes with that sale, actually,
[01:39:58.040 --> 01:40:06.040]  she has a right not to agree to sell her third.
[01:40:06.040 --> 01:40:08.040]  I would have to look at it.
[01:40:08.040 --> 01:40:09.040]  You may be...
[01:40:09.040 --> 01:40:15.040]  If you granted the property to her, I'd have to see how you granted it to her.
[01:40:15.040 --> 01:40:22.040]  You might be able to rescind the document.
[01:40:22.040 --> 01:40:30.040]  So that may give her a pause because if you can rescind the document, then she loses all.
[01:40:30.040 --> 01:40:34.040]  I don't understand what rescind document means.
[01:40:34.040 --> 01:40:41.040]  Well, if you filed the warranty deed, then you rescind the filing.
[01:40:41.040 --> 01:40:43.040]  You take it back.
[01:40:43.040 --> 01:40:49.040]  If it doesn't have on there that she paid you for a portion of it, then even if she did,
[01:40:49.040 --> 01:40:56.040]  if it says that she paid you $1 or $10, then you rescind the contract for...
[01:40:56.040 --> 01:40:59.040]  No, I'm just reaching here.
[01:40:59.040 --> 01:41:03.040]  You don't really have much standing.
[01:41:03.040 --> 01:41:12.040]  She has a third ownership in the property and you can't really get around that third ownership.
[01:41:12.040 --> 01:41:18.040]  If she doesn't want to sell her third, you can't force her to.
[01:41:18.040 --> 01:41:22.040]  That might depend on the language in the security instrument.
[01:41:22.040 --> 01:41:24.040]  Yes, then...
[01:41:24.040 --> 01:41:29.040]  So it depends on...
[01:41:29.040 --> 01:41:32.040]  Who's paying the payments on the property?
[01:41:32.040 --> 01:41:35.040]  Me, I've always paid on the property.
[01:41:35.040 --> 01:41:39.040]  Okay, then you control that part.
[01:41:39.040 --> 01:41:42.040]  This is something that'll take too much time on the air.
[01:41:42.040 --> 01:41:49.040]  If you can, you'll send me an email to randy at ruleoflawradio.com.
[01:41:49.040 --> 01:41:52.040]  You can go on the website and find it.
[01:41:52.040 --> 01:41:54.040]  Send me an email.
[01:41:54.040 --> 01:41:56.040]  We'll talk about this off the air.
[01:41:56.040 --> 01:41:58.040]  It'll take too much time on the air to explain this,
[01:41:58.040 --> 01:42:04.040]  but you may have a way to handle this since you control the payments.
[01:42:04.040 --> 01:42:06.040]  Oh, that'd be wonderful.
[01:42:06.040 --> 01:42:10.040]  Send me an email to randy at ruleoflawradio.com.
[01:42:10.040 --> 01:42:11.040]  Yes.
[01:42:11.040 --> 01:42:13.040]  All one word.
[01:42:13.040 --> 01:42:14.040]  I'll do that.
[01:42:14.040 --> 01:42:15.040]  Thanks, guys.
[01:42:15.040 --> 01:42:19.040]  I'll let you go to the next people and I appreciate all your help.
[01:42:19.040 --> 01:42:20.040]  Thank you.
[01:42:20.040 --> 01:42:21.040]  Thank you for calling.
[01:42:21.040 --> 01:42:26.040]  Okay, now we're going to go to Deliverance in Oregon.
[01:42:26.040 --> 01:42:28.040]  Hello, Ms. Deliverance.
[01:42:28.040 --> 01:42:29.040]  Hello, Randy.
[01:42:29.040 --> 01:42:31.040]  How are you?
[01:42:31.040 --> 01:42:32.040]  I am wonderful.
[01:42:32.040 --> 01:42:36.040]  I don't care what Steve says.
[01:42:36.040 --> 01:42:41.040]  Well, you'll be happy to know I spent my birthday evening on the radio with you guys.
[01:42:41.040 --> 01:42:42.040]  I'm so happy.
[01:42:42.040 --> 01:42:44.040]  Well, happy birthday.
[01:42:44.040 --> 01:42:46.040]  Thank you.
[01:42:46.040 --> 01:42:48.040]  Okay, well, I'll try to make this real short.
[01:42:48.040 --> 01:42:50.040]  I have a couple things.
[01:42:50.040 --> 01:42:52.040]  The first thing is, as you know, Randy,
[01:42:52.040 --> 01:42:57.040]  I went to the county recorder's office today to file my default of the lender,
[01:42:57.040 --> 01:43:03.040]  and they refused it because they said that the trustee did not sign the notice of default.
[01:43:03.040 --> 01:43:14.040]  And she gave me a couple of ORS codes that said why, you know, she couldn't do it.
[01:43:14.040 --> 01:43:21.040]  I looked them up and it had nothing to do with the trustee not signing it.
[01:43:21.040 --> 01:43:26.040]  It just talked about the notarization needing to be complete and on the document.
[01:43:26.040 --> 01:43:28.040]  So anyway, what I'm wondering is,
[01:43:28.040 --> 01:43:33.040]  if I'm denied the ability to file the default of lender by the clerk,
[01:43:33.040 --> 01:43:36.040]  does that prevent from filing?
[01:43:36.040 --> 01:43:37.040]  Okay, hang on.
[01:43:37.040 --> 01:43:38.040]  This will be fun.
[01:43:38.040 --> 01:43:41.040]  We'll be right back.
[01:43:41.040 --> 01:43:43.040]  We don't care who steps in the middle of it.
[01:43:43.040 --> 01:43:45.040]  We get to sue them.
[01:43:45.040 --> 01:43:48.040]  This is Randy Kelton, Steve Skidmore, Deborah Stevens.
[01:43:48.040 --> 01:43:49.040]  We're on the radio.
[01:43:49.040 --> 01:43:53.040]  I call it number 512-646-1984.
[01:43:53.040 --> 01:43:58.040]  Terrence, I see there we'll try to get to you, but we're running short of time.
[01:43:58.040 --> 01:44:23.040]  We'll be right back.
[01:44:28.040 --> 01:44:53.040]  We'll be right back.
[01:44:59.040 --> 01:45:04.040]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:26.040 --> 01:46:37.040]  Okay, we are back. Ben Kelton, Deborah Stevens, Steve Skidmore, Rule of Law Radio,
[01:46:37.040 --> 01:46:40.040]  and we're talking to deliverance in Oregon.
[01:46:40.040 --> 01:46:46.040]  Think about public officials. Never ask them to do anything you actually want them to do.
[01:46:46.040 --> 01:46:53.040]  So here you have the clerk decide that he's going to determine for you
[01:46:53.040 --> 01:46:57.040]  whether or not you can protect your property.
[01:46:57.040 --> 01:47:05.040]  Wonderful. Now we prepare a tort letter to the county commissioner's court,
[01:47:05.040 --> 01:47:11.040]  notifying them that the clerk exerted an authority she does not have,
[01:47:11.040 --> 01:47:19.040]  denied you in your right to access to the public record to protect your property,
[01:47:19.040 --> 01:47:24.040]  and therefore you have been deprived of your property and deprived of the ability
[01:47:24.040 --> 01:47:26.040]  to make a claim against your property.
[01:47:26.040 --> 01:47:35.040]  So you have been harmed by three times the value of the property, make me wholly be sued.
[01:47:35.040 --> 01:47:41.040]  I assure you when the county commissioner's court gets that, they are going to be on the phone
[01:47:41.040 --> 01:47:47.040]  and they are going to be asking the clerks some really, really hard questions.
[01:47:47.040 --> 01:47:52.040]  Want to know where in the heck did you get the authority to do that?
[01:47:52.040 --> 01:47:57.040]  Now they're going to sue us. What is going on?
[01:47:57.040 --> 01:48:05.040]  And we had, we've got another broadcaster here this June on Saturday, Larry Wiest.
[01:48:05.040 --> 01:48:09.040]  He went to Randall County, Texas. He tried to file some documents,
[01:48:09.040 --> 01:48:13.040]  and they wouldn't let him file them, so he called me and I had him call the sheriff's department.
[01:48:13.040 --> 01:48:17.040]  He went down to the sheriff's department and filed a complaint,
[01:48:17.040 --> 01:48:23.040]  and they got hopping on the complaint because I had already worked over Johnson County pretty good about that
[01:48:23.040 --> 01:48:29.040]  a few years ago and actually presented the district attorney to the grand jury.
[01:48:29.040 --> 01:48:35.040]  So he got that fixed. So when Larry went to the sheriff's department,
[01:48:35.040 --> 01:48:42.040]  they took his complaint and then he prepared a tort letter for the county commissioner's court
[01:48:42.040 --> 01:48:48.040]  and sent it to them. At nine o'clock the next morning, the clerk was on the phone to him
[01:48:48.040 --> 01:48:52.040]  asking him to come back down there and file those documents.
[01:48:52.040 --> 01:48:56.040]  All of a sudden there were no problems.
[01:48:56.040 --> 01:49:03.040]  So this goes to never ask a public official to do anything that you actually want them to do
[01:49:03.040 --> 01:49:08.040]  because you never ask them to do anything that they're not specifically required to do,
[01:49:08.040 --> 01:49:12.040]  and when they don't do it, you can slam them big time.
[01:49:12.040 --> 01:49:18.040]  So don't be upset at this at all. This is wonderful.
[01:49:18.040 --> 01:49:22.040]  You've got another pocket to get into.
[01:49:22.040 --> 01:49:28.040]  Well then, after filing the tort letter and doing that,
[01:49:28.040 --> 01:49:36.040]  do I still try and proceed with filing the default or, I mean...
[01:49:36.040 --> 01:49:40.040]  Oh no, they don't screw that up for you.
[01:49:40.040 --> 01:49:46.040]  So when you sue the lender, you sue the clerk.
[01:49:46.040 --> 01:49:51.040]  Or you sue the county. The county is going to be real unhappy when you sue them.
[01:49:51.040 --> 01:49:53.040]  In the same action or separate actions?
[01:49:53.040 --> 01:49:55.040]  Same action.
[01:49:55.040 --> 01:49:57.040]  Codefended?
[01:49:57.040 --> 01:49:59.040]  Codefended.
[01:49:59.040 --> 01:50:03.040]  They're going to be real unhappy about that.
[01:50:03.040 --> 01:50:11.040]  And because the clerk interfered with your filing of this,
[01:50:11.040 --> 01:50:17.040]  if the lack of filing of this becomes any kind of issue,
[01:50:17.040 --> 01:50:22.040]  the clerk is absolutely liable.
[01:50:22.040 --> 01:50:29.040]  So one of the things we tend to get upset when our public officials don't do what they're supposed to do,
[01:50:29.040 --> 01:50:40.040]  this goes to the understanding that the clerk is the servant, you're the master.
[01:50:40.040 --> 01:50:45.040]  And you treat our public officials like I treat my grandkids.
[01:50:45.040 --> 01:50:48.040]  I love them dearly.
[01:50:48.040 --> 01:50:54.040]  But if one of them runs out into the road, I'm fixing to tan his hide.
[01:50:54.040 --> 01:51:02.040]  And sending a letter to the county commissioner's court because of what this clerk did is going to tan her hide.
[01:51:02.040 --> 01:51:05.040]  She is not going to be happy.
[01:51:05.040 --> 01:51:13.040]  And I suspect next time you come down there, you will be treated with a whole different level of respect.
[01:51:13.040 --> 01:51:17.040]  Well, I hope so.
[01:51:17.040 --> 01:51:20.040]  Oh, that part's the most fun. I go in there,
[01:51:20.040 --> 01:51:24.040]  Oh, well, hello, Mr. Kelton. What can we do for you, Mr. Kelton?
[01:51:24.040 --> 01:51:28.040]  While they're thinking this dirty rotten scoundrel.
[01:51:28.040 --> 01:51:33.040]  Is there any part of your backside that I haven't kissed today, Mr. Kelton?
[01:51:33.040 --> 01:51:39.040]  Exactly, because there's no part of their backside that I haven't stuck my boot in.
[01:51:39.040 --> 01:51:41.040]  There you go.
[01:51:41.040 --> 01:51:44.040]  Okay, this will work well. This is great.
[01:51:44.040 --> 01:51:51.040]  So as far as the warranty deed goes and putting it into a trust, I can't do that until...
[01:51:51.040 --> 01:51:56.040]  You can do that. Did you try to file a warranty deed and they wouldn't let you?
[01:51:56.040 --> 01:52:00.040]  No, I just tried to file the default.
[01:52:00.040 --> 01:52:04.040]  They will accept the warranty deed. We've never had them not accept that.
[01:52:04.040 --> 01:52:08.040]  What was it you tried to file, deliverance?
[01:52:08.040 --> 01:52:15.040]  I tried to file the default as a lender, and then I was wondering if them denying me that,
[01:52:15.040 --> 01:52:23.040]  they'll do that before I do the trust, before I put the warranty deed into a trust.
[01:52:23.040 --> 01:52:27.040]  Yeah, so he's trying to file a notice of default.
[01:52:27.040 --> 01:52:33.040]  Notice of default is specifically authorized to be filed in most states. I know it is in Texas.
[01:52:33.040 --> 01:52:36.040]  It's listed.
[01:52:36.040 --> 01:52:41.040]  So they're just not accustomed to people filing that kind of stuff.
[01:52:41.040 --> 01:52:49.040]  And the Republic of Texas and the legal reform movement got into filing these liens against properties,
[01:52:49.040 --> 01:52:54.040]  so the clerks got sensitive about what they would accept and wouldn't.
[01:52:54.040 --> 01:52:58.040]  The problem is the clerks don't have anything to say about that.
[01:52:58.040 --> 01:53:04.040]  We did a seminar in Pennsylvania where God was complaining about what was filed in the record,
[01:53:04.040 --> 01:53:06.040]  and couldn't I sue the clerk?
[01:53:06.040 --> 01:53:10.040]  And I told him, no, no, no, no, you leave the clerk alone.
[01:53:10.040 --> 01:53:13.040]  You be careful what you ask for.
[01:53:13.040 --> 01:53:19.040]  When I go to a clerk, the last thing I'm going to do is sue a clerk for what they file,
[01:53:19.040 --> 01:53:24.040]  because I don't want the clerk to have a thing to say about what I file in the record.
[01:53:24.040 --> 01:53:29.040]  I bring something down there, she just files it. I don't hear any crapola.
[01:53:29.040 --> 01:53:31.040]  You sue the clerk for filing something,
[01:53:31.040 --> 01:53:36.040]  now she's going to have a claim that she should determine what to file and what not to file.
[01:53:36.040 --> 01:53:38.040]  We don't want clerks to have that authority.
[01:53:38.040 --> 01:53:45.040]  And if they try to take that authority, then we want to spank them good.
[01:53:45.040 --> 01:53:50.040]  And that's what she gave you the opportunity to do, Deliverance.
[01:53:50.040 --> 01:53:52.040]  Okay, do you have anything else?
[01:53:52.040 --> 01:53:55.040]  We've got one more caller in about five minutes left.
[01:53:55.040 --> 01:54:01.040]  Yeah, I do. Randy, you're taking up my time.
[01:54:01.040 --> 01:54:02.040]  He's good at that.
[01:54:02.040 --> 01:54:06.040]  Go ahead. You're right about that. I do do that.
[01:54:06.040 --> 01:54:07.040]  Well, that's okay.
[01:54:07.040 --> 01:54:10.040]  So I just want to make sure that I have the sequence going on,
[01:54:10.040 --> 01:54:13.040]  because what I want to do is I want to go forward.
[01:54:13.040 --> 01:54:21.040]  I want to fire Merz. I want to defend the corporation.
[01:54:21.040 --> 01:54:23.040]  You know what I'm trying to say?
[01:54:23.040 --> 01:54:26.040]  No, you're not going.
[01:54:26.040 --> 01:54:32.040]  You're not rescinding the straw man stuff, are you?
[01:54:32.040 --> 01:54:34.040]  Oh, honey.
[01:54:34.040 --> 01:54:36.040]  Stay away from the star man.
[01:54:36.040 --> 01:54:37.040]  Yes.
[01:54:37.040 --> 01:54:39.040]  We don't have a time to explain that here.
[01:54:39.040 --> 01:54:44.040]  Just briefly, your straw man is your public persona.
[01:54:44.040 --> 01:54:46.040]  Is that Merz?
[01:54:46.040 --> 01:54:47.040]  No.
[01:54:47.040 --> 01:54:49.040]  You want to be able to act in the public.
[01:54:49.040 --> 01:54:51.040]  And that's your straw man.
[01:54:51.040 --> 01:54:56.040]  Straw man is a terrible metaphor.
[01:54:56.040 --> 01:54:59.040]  It's a terrible term for that.
[01:54:59.040 --> 01:55:01.040]  This is just your public side.
[01:55:01.040 --> 01:55:11.040]  That is trying to rescind your straw man is technically very frivolous.
[01:55:11.040 --> 01:55:15.040]  If you could rescind it, you wouldn't be able to do anything in the public.
[01:55:15.040 --> 01:55:18.040]  So let's talk about that when we have more time.
[01:55:18.040 --> 01:55:20.040]  We can talk about that off there.
[01:55:20.040 --> 01:55:23.040]  Yeah, and I don't know how you go about firing Merz.
[01:55:23.040 --> 01:55:25.040]  I don't think that's possible.
[01:55:25.040 --> 01:55:27.040]  Well, we fire Merz.
[01:55:27.040 --> 01:55:32.040]  We file a rescission of the appointment of Merz.
[01:55:32.040 --> 01:55:33.040]  Okay.
[01:55:33.040 --> 01:55:35.040]  So Linder says, you can't do that.
[01:55:35.040 --> 01:55:38.040]  Well, if I can't fire him, I couldn't hire him in the first place.
[01:55:38.040 --> 01:55:39.040]  Okay.
[01:55:39.040 --> 01:55:40.040]  Right.
[01:55:40.040 --> 01:55:42.040]  That was not really very important.
[01:55:42.040 --> 01:55:45.040]  That was really just for annoyance factor.
[01:55:45.040 --> 01:55:52.040]  So you can let me go, but before you do, I have to give Steve my information so he can get me in touch with his sharp-lipped guy.
[01:55:52.040 --> 01:55:53.040]  Okay.
[01:55:53.040 --> 01:55:55.040]  Don't give your information on the air.
[01:55:55.040 --> 01:55:57.040]  I've got your number right here.
[01:55:57.040 --> 01:55:58.040]  Okay.
[01:55:58.040 --> 01:56:00.040]  Don't hang up yet.
[01:56:00.040 --> 01:56:01.040]  We'll let you go.
[01:56:01.040 --> 01:56:03.040]  Don't hang up.
[01:56:03.040 --> 01:56:04.040]  Okay.
[01:56:04.040 --> 01:56:05.040]  Okay.
[01:56:05.040 --> 01:56:06.040]  Thank you, Deliverance.
[01:56:06.040 --> 01:56:10.040]  Now we're going to go to Terrence in Tennessee.
[01:56:10.040 --> 01:56:12.040]  Hello, Terrence.
[01:56:12.040 --> 01:56:14.040]  Hello, Randy.
[01:56:14.040 --> 01:56:21.040]  You were talking about when you was in court, you beat that ticket, and you said, I can't go to the jury on standard at arm's length.
[01:56:21.040 --> 01:56:30.040]  Would you please explain what you meant by standard at arm's length in that instance and what arm's length means generally, and I'll hang up and listen.
[01:56:30.040 --> 01:56:31.040]  Okay.
[01:56:31.040 --> 01:56:32.040]  Okay.
[01:56:32.040 --> 01:56:41.040]  Subject matter jurisdiction challenges the authority of the court.
[01:56:41.040 --> 01:56:52.040]  And by coming with a challenge to subject matter jurisdiction, you notice the court that you do not accept its authority.
[01:56:52.040 --> 01:56:57.040]  By not accepting its authority, you are at arm's length to the court.
[01:56:57.040 --> 01:57:04.040]  You're not coming into the court and asking the court to exercise any jurisdiction.
[01:57:04.040 --> 01:57:06.040]  You're saying they don't have it.
[01:57:06.040 --> 01:57:24.040]  And that's why once you have challenged subject matter jurisdiction, if it is denied, then, you know, and this is different than what I've been saying because I found out different, is if they attempt to proceed when you have a challenge to subject matter jurisdiction
[01:57:24.040 --> 01:57:46.040]  and you participate in the court, then what the courts are saying is you essentially withdraw your challenge to subject matter jurisdiction, although that is not actually the case because subject matter jurisdiction cannot be waived, period.
[01:57:46.040 --> 01:58:04.040]  Subject matter jurisdiction can be challenged at any time, but the way it's handled in court is, and this came from a lawyer explaining to a, I mean a judge explaining to a lawyer, he had a challenge subject matter jurisdiction.
[01:58:04.040 --> 01:58:06.040]  And he said, do you waive it?
[01:58:06.040 --> 01:58:13.040]  He said, no, then you can't participate in the hearing because you're outside the jurisdiction of the court.
[01:58:13.040 --> 01:58:22.040]  So I would suggest you do that anytime you challenge subject matter jurisdiction until I find out if I'm wrong or not.
[01:58:22.040 --> 01:58:25.040]  Okay, we are out of time.
[01:58:25.040 --> 01:58:30.040]  This is Randy Kelton, Deborah Stevens, Steve Skidmore, Lou Blah Radio.
[01:58:30.040 --> 01:58:35.040]  We will be back next Thursday at 8 Central and then again Friday at 8 Central.
[01:58:35.040 --> 01:58:45.040]  And Eddie Craig will be on Monday at 8 o'clock with his traffic show, so listen in, call in.
[01:58:45.040 --> 01:58:50.040]  Thank you for listening. Good night.
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