[00:00.000 --> 00:07.680]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[00:07.680 --> 00:09.360]  at TheLibertyBeat.com.
[00:09.360 --> 00:13.720]  I'm Brian Hagan with your Liberty Beat for Friday, October 10, 2014.
[00:13.720 --> 00:21.360]  Gold is trading around $1,229, silver around $17.56 and Bitcoin around $370.
[00:21.360 --> 00:25.040]  Support for the Liberty Beat comes from the Kevin Ludlow for Texas State House of Representatives
[00:25.040 --> 00:26.880]  District 46 campaign.
[00:26.880 --> 00:32.440]  In the war on drugs, demilitarize the police and kick the TSA out of Texas.
[00:32.440 --> 00:36.040]  Explore Kevin Ludlow's platform at Ludlow2014.com.
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[00:52.160 --> 00:56.800]  In the news, on Wednesday, arguments concluded and a hearing on force feeding at the Guantanamo
[00:56.800 --> 00:58.760]  Bay Military Prison.
[00:58.760 --> 01:03.360]  Lawyers with Human Rights Group were briefed, represented Syrian detainee Abu Wa'il Diyab
[01:03.360 --> 01:06.600]  in a hearing that will determine the legality of the force feeding.
[01:06.600 --> 01:10.440]  And whether or not 32 videos of the procedure will be released to the public.
[01:10.440 --> 01:15.040]  Diyab's team presented three expert witnesses while the government failed to present any.
[01:15.040 --> 01:21.480]  Judge Guadis Kessler is expected to rule on the matter in the coming weeks.
[01:21.480 --> 01:24.760]  Thousands of demonstrators marched through Mexico's capital this week, calling on the
[01:24.760 --> 01:29.360]  government to investigate missing students and a recently discovered mass grave.
[01:29.360 --> 01:33.080]  Forty-three students went missing after a clash with police in Aguila in the state of
[01:33.080 --> 01:35.560]  Guerrero on September 26.
[01:35.560 --> 01:39.880]  A mass grave filled with burned human bodies was also found over the weekend.
[01:39.880 --> 01:44.600]  Guerrero's Attorney General said it was probable that some of the 28 bodies found belonged
[01:44.600 --> 01:47.640]  to the missing students.
[01:47.640 --> 01:52.200]  On Monday, New York Supreme Court Justice, Paul Wooten, ruled that the High Rise Safety
[01:52.200 --> 01:55.520]  Initiative will not appear on the November 4 ballot.
[01:55.520 --> 01:59.880]  The initiative was an effort to investigate all high-rise collapses on or since September
[01:59.880 --> 02:03.480]  11, 2001, including World Trade Center 7.
[02:03.480 --> 02:07.120]  Justice Wooten cited with a court-appointed referees' recommendations that the petition
[02:07.120 --> 02:08.880]  to be on the ballot be denied.
[02:08.880 --> 02:13.160]  However, the justice called the city's efforts to dismiss the case based on technicalities,
[02:13.160 --> 02:18.200]  irrational and misplaced, and would lead to disenfranchisement of more than 30,000 registered
[02:18.200 --> 02:20.080]  voters without due process.
[02:20.080 --> 02:25.440]  Support for Liberty Beat comes from MyMagicMud, detoxifying tooth powder, the most effective
[02:25.440 --> 02:27.640]  and affordable dental care around.
[02:27.640 --> 02:30.920]  Jessica Armond would like to thank Liberty Beat listeners for all of their support.
[02:30.920 --> 02:35.120]  Get a 150 application jar at MyMagicMud.com.
[02:35.120 --> 02:39.360]  Support also comes from the Kent Phillips Froston City Council District Free Campaign.
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[02:44.920 --> 02:50.040]  Learn more at VoteKentPhillips.com, political advertisement paid for by Kent Phillips.
[02:50.040 --> 02:54.160]  This is the Liberty Beat for Friday, October 10, 2014.
[02:54.160 --> 02:59.200]  Check out the website at TheLibertyBeat.com and like us on Facebook at Facebook.com The
[02:59.200 --> 03:27.200]  Liberty Beat.
[03:27.200 --> 03:46.240]  Okay, howdy, howdy, this is Randy Kelton, Steve Skidmore with our radio, except Steve
[03:46.240 --> 03:52.480]  won't be here tonight to see if she is taking care of the grandkids.
[03:52.480 --> 04:03.080]  So you'll just have to deal with me tonight, and since we normally start out a Friday night
[04:03.080 --> 04:15.240]  show with two hours of foreclosure issues, I'm going to start out tonight and go over
[04:15.240 --> 04:23.360]  generally foreclosure the way I would say if I was given a seminar or something, starting
[04:23.360 --> 04:32.440]  at the beginning, because we talk about various bits and pieces, and sometimes we need to
[04:32.440 --> 04:36.440]  just sit down and put all the pieces together.
[04:36.440 --> 04:44.960]  This whole mess that we're dealing with started out at the turn of the millennium.
[04:44.960 --> 04:58.840]  Prior to year 2000, for the last 50, 60 years, people had been getting into mortgages, residential
[04:58.840 --> 05:06.960]  loans for residential properties, and because in 1929 it was a major crash and it primarily
[05:06.960 --> 05:16.080]  involved loss of people's homes, there were a lot of laws passed to ensure that when a
[05:16.080 --> 05:23.400]  bank met a loan to a person to purchase a real property, that they would be able to
[05:23.400 --> 05:26.720]  pay that loan back.
[05:26.720 --> 05:35.560]  And for 50 years or so, people were entering into these loans, paying off the loans, and
[05:35.560 --> 05:38.880]  accruing equity, accruing property.
[05:38.880 --> 05:52.560]  Well, in year 2000 they changed everything, in 1999 the legislature repealed the Glass-Steagall
[05:52.560 --> 05:53.560]  Act.
[05:53.560 --> 06:02.520]  The Glass-Steagall Act was passed after the last oppression in order to prevent just the
[06:02.520 --> 06:06.040]  kinds of things that were occurring now.
[06:06.040 --> 06:14.840]  And then in the year 2000, the last thing the legislature did before closing signed
[06:14.840 --> 06:21.200]  die was remove a restriction on derivatives trading.
[06:21.200 --> 06:27.280]  Derivatives trading was the cause of a stock market crash in 1907.
[06:27.280 --> 06:33.680]  They had what they call bucket shops, and you could go into this bucket shop and bet
[06:33.680 --> 06:40.320]  on a stock whether it would increase or decrease without actually purchasing the stock.
[06:40.320 --> 06:47.840]  And this third-party trading in the value of the stock destabilized the stock market
[06:47.840 --> 06:56.560]  in 1909 and caused a stock market crash, so the legislature made it a felony to do this
[06:56.560 --> 07:00.080]  kind of trading.
[07:00.080 --> 07:05.000]  Year 2000, the last thing the legislature did before they closed signed die was remove
[07:05.000 --> 07:08.960]  that restriction.
[07:08.960 --> 07:20.160]  In 1995, six major banks got together and put together the Merbs.
[07:20.160 --> 07:22.800]  And I'm sorry, I should have said about the Glass-Steagall Act.
[07:22.800 --> 07:31.840]  The purpose of the Glass-Steagall Act is it forbade the banks to speculate with depositors'
[07:31.840 --> 07:32.840]  funds.
[07:32.840 --> 07:41.240]  That's essentially what caused the stock market crash in 1929 is the banks got heavily invested
[07:41.240 --> 07:47.800]  in the stock market, and then the stock market was manipulated by naked short-sailing and
[07:47.800 --> 07:54.160]  deliberately crashed by the big-money people, which they do every 50 years or so, and everybody
[07:54.160 --> 07:56.960]  lost their properties when the banks all closed.
[07:56.960 --> 08:00.680]  Well, the Glass-Steagall Act forbade that.
[08:00.680 --> 08:11.320]  They removed that in 1999, they removed the restriction on derivatives trading in 2000,
[08:11.320 --> 08:14.000]  and then Merbs was now viable.
[08:14.000 --> 08:21.160]  Similar to that, in 1995, when Merbs was created, Merbs was illegal, it was illegal for Merbs
[08:21.160 --> 08:28.200]  to do what it was, what the business plan set up for it to do, and it wasn't until
[08:28.200 --> 08:30.600]  the year 2000 that they could do that.
[08:30.600 --> 08:40.680]  So what the banks decided was that we have these long-term residential mortgages, and
[08:40.680 --> 08:45.680]  we have these retirement funds.
[08:45.680 --> 08:53.080]  The retirement funds need a long-term investment, and the residential mortgages was an excellent
[08:53.080 --> 09:02.600]  match because you had essentially a 30-year investment, a 30-year debt, so they fit perfect.
[09:02.600 --> 09:06.640]  Problem, they didn't exactly fit perfect.
[09:06.640 --> 09:17.640]  The trading in securities requires certain notices, and I'm sorry, trading in securities
[09:17.640 --> 09:26.760]  was more volatile in that the securities could be traded back and forth essentially daily,
[09:26.760 --> 09:37.080]  and real property has a set of requirements that are not conducive to that because in
[09:37.080 --> 09:46.680]  order for anyone to be able to purchase property in this country with some degree of security,
[09:46.680 --> 09:52.760]  we set up the requirement that claims against real property be filed with the county recorder's
[09:52.760 --> 09:53.760]  office.
[09:53.760 --> 09:59.240]  We first started in 1635 with the pilgrims at Plymouth.
[09:59.240 --> 10:02.080]  That's how important they knew this was.
[10:02.080 --> 10:08.040]  If you are to be able to hold real property, there must be a place you can register your
[10:08.040 --> 10:10.680]  holder status of that property.
[10:10.680 --> 10:13.640]  So this has always been in place.
[10:13.640 --> 10:21.080]  A change in beneficial interest in real property was required to be filed with the county registrar's
[10:21.080 --> 10:22.080]  office.
[10:22.080 --> 10:31.080]  Well, problem, the bank's investment strategy here in securitizing these notes is they would
[10:31.080 --> 10:37.880]  collect together a large number of notes, pool them together in a single investment conduit
[10:37.880 --> 10:50.200]  called a real estate, I'm sorry, they would put it together into a large pool and into
[10:50.200 --> 10:55.560]  a pass-through trust and then they would file that pass-through trust with the internal
[10:55.560 --> 11:05.080]  revenue service as a real estate mortgage investment conduit and with this strategy,
[11:05.080 --> 11:12.520]  they would be able to control the dramatically decrease the taxes they had to pay.
[11:12.520 --> 11:20.080]  Now when you put, they put 10, 12, 15,000 notes into one pool and then the banks would
[11:20.080 --> 11:26.240]  have two or three different pools going and if one pool is producing profit and another
[11:26.240 --> 11:31.160]  one is losing, what the banks would want to do is take a trench off one of those pools,
[11:31.160 --> 11:37.800]  a slice, a small percentage and move it from one pool to the other in order to adjust their
[11:37.800 --> 11:40.080]  income strengths.
[11:40.080 --> 11:48.440]  And they may do this a couple times a week, problem, a change in beneficial interest in
[11:48.440 --> 11:55.560]  real property which occurred when they took a slice off of this trench, a trench off of
[11:55.560 --> 12:04.760]  this pool and moved it over to another one, each one of those who notes where the beneficial
[12:04.760 --> 12:11.120]  interest change was required to be reported with the County Recorder's Office.
[12:11.120 --> 12:15.480]  And banks look at this and said, this is not tenable.
[12:15.480 --> 12:22.840]  If we have to pay 25 bucks every time we, for every note that we make a change on, it
[12:22.840 --> 12:28.040]  will make this securities trading practice untenable.
[12:28.040 --> 12:30.760]  So they put together MERS.
[12:30.760 --> 12:38.080]  And the strategy was that MERS would stand as the agent for the lender and the lender's
[12:38.080 --> 12:41.520]  successors and assigns.
[12:41.520 --> 12:50.440]  If you look in your mortgage or deed of trust, you'll find where MERS is included that MERS
[12:50.440 --> 12:56.360]  is initially in the definition section called a beneficiary.
[12:56.360 --> 13:04.640]  And I really think that whoever wrote this, the Fannie Mae Freddie Mac Uniform Instruments
[13:04.640 --> 13:12.960]  with MERS in it was high on coke because it absolutely does not make sense.
[13:12.960 --> 13:21.520]  A rational reading of the document, it does not make sense because MERS is defined as
[13:21.520 --> 13:28.120]  a beneficiary and nominee for the lender.
[13:28.120 --> 13:39.280]  Now there's no definition of beneficiary that I can find that fits the position of MERS.
[13:39.280 --> 13:48.200]  Neither is there a definition of nominee that I can find that fits the position of MERS.
[13:48.200 --> 13:54.960]  Why they didn't call MERS an agent for the lender and the lender's successors and assigns,
[13:54.960 --> 14:02.440]  I'm not sure, but it certainly created confusion.
[14:02.440 --> 14:11.840]  What the intention was is that MERS would stand as the straw man holder.
[14:11.840 --> 14:18.040]  And I believe that's why they wanted to call him a beneficiary because if he's the beneficiary,
[14:18.040 --> 14:22.960]  then he's the one that's actually holding the note.
[14:22.960 --> 14:26.720]  But in point of fact, MERS was never any such thing.
[14:26.720 --> 14:32.640]  And if you go on down in your Deedah Trust, and we're here in Texas, so I'm speaking
[14:32.640 --> 14:42.000]  to the Deedah Trust, after the second paragraph of the contract, the first page in half, sometimes
[14:42.000 --> 14:48.040]  two pages if you don't know how it's printed, will be definition sections.
[14:48.040 --> 14:59.080]  The first paragraph of the contract is where the borrower transfers the property to the
[14:59.080 --> 15:02.560]  trustee at closing.
[15:02.560 --> 15:07.840]  And we hear a lot of people talking about making the argument that there's no money,
[15:07.840 --> 15:13.240]  that the bank secured this property and they never had any money in the deal.
[15:13.240 --> 15:25.280]  And that's nonsense because the contract's not about money, it's about value and closing.
[15:25.280 --> 15:33.520]  The lender agreed to secure and provide the borrower with a warranty deed to the property.
[15:33.520 --> 15:40.720]  And in return for that warranty deed, the borrower agreed to grant certain privileges
[15:40.720 --> 15:45.520]  to the lender, one of which was a claim against the property.
[15:45.520 --> 15:55.440]  If you're in a judicial state, you grant the property to the lender to hold until termination
[15:55.440 --> 15:58.320]  is a contract.
[15:58.320 --> 16:04.600]  If you're in a nonjudicial state, not only do you grant the lender a claim against the
[16:04.600 --> 16:13.640]  property by transferring the, I'm sorry, let me correct that slightly, in a judicial state
[16:13.640 --> 16:24.640]  you actually transfer the property to the lender in a nonjudicial state, don't transfer
[16:24.640 --> 16:32.640]  the property to the lender, you give the lender a claim against the property so that if the
[16:32.640 --> 16:39.240]  lender has to go to court, he doesn't have to sue you, get a claim against you, the petition
[16:39.240 --> 16:43.920]  for a judgment against the property so that he can liquidate the property in a covered
[16:43.920 --> 16:44.920]  spot.
[16:44.920 --> 16:48.120]  He can make a claim directly against the property.
[16:48.120 --> 16:54.200]  And there's another privilege that you grant, we'll talk about that when we get back on
[16:54.200 --> 16:55.200]  the inside.
[16:55.200 --> 17:00.720]  Randy Kelton, David Steves, Steve Skidmore, Rule by Radio, we'll be right back.
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[19:24.120 --> 19:40.720]  Okay, we are back to Brent Kelton, Steve's Kidmore, who's on radio, and we're talking
[19:40.720 --> 19:49.240]  about how the mortgage system changed after the year 2000 and how the banks made a horrible
[19:49.240 --> 19:54.240]  mess of everything.
[19:54.240 --> 19:57.240]  Okay, after the year 2000, okay, I'm sorry, we're going to get back to where I was.
[19:57.240 --> 20:00.800]  If I can remember where I was.
[20:00.800 --> 20:04.560]  Okay, I'll get in a second.
[20:04.560 --> 20:06.840]  I'm just getting old sucks.
[20:06.840 --> 20:07.840]  Okay.
[20:07.840 --> 20:14.920]  Oh, they're filing with the county records.
[20:14.920 --> 20:28.040]  It was in, when you, Merz, my tongue is getting tangled, with a deed of trust, not only do
[20:28.040 --> 20:36.800]  you grant the lender a claim against the property, and that's granting the lender a privilege
[20:36.800 --> 20:42.920]  of a claim against the property, so he doesn't have to sue you personally in court to get
[20:42.920 --> 20:50.120]  a claim against the judgment against you and then petition to get a claim against the property
[20:50.120 --> 20:52.400]  so he can liquidate the property.
[20:52.400 --> 20:57.960]  He can sue the property directly, essentially, and then rem sue it against the property.
[20:57.960 --> 21:06.040]  In a non-judicial state, you also grant the lender the privilege of a confessed judgment
[21:06.040 --> 21:08.280]  in the event of a default.
[21:08.280 --> 21:11.320]  You have granted a confessed judgment.
[21:11.320 --> 21:13.960]  So he doesn't even have to go to court.
[21:13.960 --> 21:17.080]  He can just go right ahead and foreclose.
[21:17.080 --> 21:26.760]  But you grant these privileges based on a set of conditions, covenants.
[21:26.760 --> 21:32.520]  When you read the deed of trust, the Fannie Mae Freddie Mac Uniform Instrument, the first
[21:32.520 --> 21:45.760]  paragraph of the contract itself, the contract transfers the property to a trustee, to hold
[21:45.760 --> 21:49.880]  in trust for the benefit of both parties.
[21:49.880 --> 21:58.800]  The very next paragraph, it starts with together with, and what it does is includes any subsequent
[21:58.800 --> 22:02.360]  improvements to the property as part of the collateral.
[22:02.360 --> 22:11.360]  So if you add an outbuilding or if you put a garage on the property or add a room and
[22:11.360 --> 22:15.320]  then the bank forecloses on the property, you can't take the room off, tear down the
[22:15.320 --> 22:17.200]  garage and take it with you.
[22:17.200 --> 22:20.360]  It becomes a part of the property and part of the collateral.
[22:20.360 --> 22:26.360]  But right in the middle of that, it says you understand that Merge is not the beneficiary,
[22:26.360 --> 22:28.520]  but merely holds legal title.
[22:28.520 --> 22:32.040]  Now hold on here.
[22:32.040 --> 22:38.960]  If this is a deed of trust, then the trustee holds legal title.
[22:38.960 --> 22:42.360]  If Merge holds legal title, this is a mortgage.
[22:42.360 --> 22:52.240]  And in Texas, the requirement that the borrower transfer the property to the lender is specifically
[22:52.240 --> 23:02.240]  forbidden by, I believe it's the business and commerce code, I think it's 2020102.
[23:02.240 --> 23:07.400]  It's been a long time since I actually looked at it, so it's right in there somewhere, but
[23:07.400 --> 23:15.040]  it specifically forbids a lender from requiring that the borrower transfer the property to
[23:15.040 --> 23:16.040]  the lender.
[23:16.040 --> 23:19.440]  But if you read the deed of trust, that's exactly what it looks like to do.
[23:19.440 --> 23:29.080]  And the reason they wanted Merge to hold it, because now Merge can claim to be the holder,
[23:29.080 --> 23:32.520]  if not the beneficiary, the holder.
[23:32.520 --> 23:36.400]  And Merge stands as a strawman holder.
[23:36.400 --> 23:46.000]  And then the beneficial interest of the contract, and this is what Joe Esquivel talks about
[23:46.000 --> 23:56.760]  a lot, is when they securitize a real estate mortgage, they don't sell the note, they factor
[23:56.760 --> 23:57.760]  the note.
[23:57.760 --> 24:02.200]  If anybody here has been in their own business and they understand factoring, factoring is
[24:02.200 --> 24:04.720]  where you've got a whole bunch of counts achievable.
[24:04.720 --> 24:09.920]  You did all this work, you put all your money into the job to get the job done, you build
[24:09.920 --> 24:12.400]  the client, the client's not paying.
[24:12.400 --> 24:17.000]  So you've got all your money and your labor out there, and you're not getting any money
[24:17.000 --> 24:18.000]  back.
[24:18.000 --> 24:21.320]  So you go to the bank and say, I'm really stuck here, I need some money.
[24:21.320 --> 24:26.600]  I've got all these accounts receivable, I'll sell them to you.
[24:26.600 --> 24:32.360]  And the bank will buy the accounts receivable for say 80% of their face value.
[24:32.360 --> 24:38.560]  And then when the money comes in, the bank keeps it, and they make 20% on the deal, that's
[24:38.560 --> 24:39.560]  factoring.
[24:39.560 --> 24:46.000]  That's essentially what they do with your security, with the beneficial interest in
[24:46.000 --> 24:54.400]  the note, the right to the income stream, the banks factor the income stream, they sell
[24:54.400 --> 24:56.800]  it to somebody else.
[24:56.800 --> 25:06.120]  So they generally sell the note at 103% of the original principal, and then whoever purchases
[25:06.120 --> 25:08.680]  collects everything over that.
[25:08.680 --> 25:15.600]  So in a 30-year note, you'll generally pay two to two and a half times the original principal.
[25:15.600 --> 25:25.000]  So whoever purchases a beneficial interest actually holds the only benefit in the transaction.
[25:25.000 --> 25:29.600]  They don't actually hold the note, they hold the beneficial interest.
[25:29.600 --> 25:37.120]  Well, in this security scheme, they need to be able to be fluid.
[25:37.120 --> 25:43.080]  They need to be able to move interest in the pool back and forth.
[25:43.080 --> 25:51.320]  Well, if they do that, and they show the pass through trust as the holder, the holder,
[25:51.320 --> 25:55.520]  he's going to have to file notice of each of these changes.
[25:55.520 --> 26:01.480]  So they stand behind MERS, and MERS stands here like a pretend holder, the straw man
[26:01.480 --> 26:05.840]  holder, and they do all the selling behind him that they want to.
[26:05.840 --> 26:11.360]  And the idea was that MERS would keep track of all of these transactions, so they could
[26:11.360 --> 26:17.960]  always tell, they could always establish a chain of title.
[26:17.960 --> 26:20.920]  The problem was nobody did it right.
[26:20.920 --> 26:24.920]  It was probably the same guy that wrote the deed of trust and put that idiot language
[26:24.920 --> 26:29.920]  in there that set up their procedures for keeping track of what went on, because they
[26:29.920 --> 26:31.880]  didn't keep track of anything.
[26:31.880 --> 26:38.800]  They have no idea where the note went to, what was done with it.
[26:38.800 --> 26:42.640]  So it turned into a horrible mess.
[26:42.640 --> 26:54.120]  And then when the foreclosure, when the real estate bubble that was created by these practices,
[26:54.120 --> 27:01.080]  when the real estate bubble burst, the banks were in a position to where they could not
[27:01.080 --> 27:13.960]  establish holder status, and it is my belief that they deliberately sent us chasing MERS
[27:13.960 --> 27:25.040]  and chasing the note, because while that looked like the obvious place to go, it was
[27:25.040 --> 27:29.720]  the hardest thing to prove.
[27:29.720 --> 27:38.040]  And they did all of that because what they wanted us not to do beyond every all else
[27:38.040 --> 27:44.200]  was not to go look at the contract, not to go look in the public record.
[27:44.200 --> 27:49.360]  You go into court and you try to prove bifurcation.
[27:49.360 --> 27:57.200]  You say that the bank sold a beneficial interest in the note, and the court is going to say,
[27:57.200 --> 27:59.920]  so what, how are you harmed by that?
[27:59.920 --> 28:05.320]  You got to try to figure out how that harmed you, and, well, they're not the proper holder.
[28:05.320 --> 28:09.280]  Okay, how are you harmed by that?
[28:09.280 --> 28:14.000]  This was a problem that we, in several years, tried to fight this issue, and the courts
[28:14.000 --> 28:21.120]  are very reluctant to give someone remedy here.
[28:21.120 --> 28:27.960]  We all kind of crawled down the rabbit hole, and it took a while to realize what our problem
[28:27.960 --> 28:29.960]  was.
[28:29.960 --> 28:35.360]  The real issue is not whether or not they sold beneficial interest to the note.
[28:35.360 --> 28:42.560]  The real issue is, did they breach the contract?
[28:42.560 --> 28:49.000]  If you come to the court saying they did something over here that I don't like, the court's
[28:49.000 --> 28:54.240]  going to ask you how are you harmed, but if you go to the court and say, we entered into
[28:54.240 --> 29:06.280]  a contract, and based on the contract, I granted the lender certain privileges, being the privilege
[29:06.280 --> 29:11.640]  of a claim against the property and the privilege of a confessed judgment against the property
[29:11.640 --> 29:21.640]  on the condition that the lender abide by certain covenants of the contract.
[29:21.640 --> 29:29.160]  The primary covenant we'd like to go to is essentially a catch-all.
[29:29.160 --> 29:34.880]  It's generally covenant 16, sometimes 15, I think it's an FHA loan, but right around
[29:34.880 --> 29:43.240]  there it's the governing law and serviceability, severability clause, and I'll pick this up
[29:43.240 --> 29:44.240]  on the other side.
[29:44.240 --> 29:47.880]  We've got a couple of callers, and as soon as I finish this part, we'll go to callers
[29:47.880 --> 29:55.320]  and we'll be taking your calls all night, so give us a call, get in line, 512-646-1984.
[29:55.320 --> 30:02.200]  We'll be right back.
[30:02.200 --> 30:19.560]  Privacy is under attack.
[30:19.560 --> 30:23.960]  When you give up data about yourself, you'll never get it back again, and once your privacy
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[30:29.680 --> 30:33.120]  Pay no to surveillance and keep your information to yourself.
[30:33.120 --> 30:35.920]  Privacy, it's worth hanging on to.
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[32:25.000 --> 32:48.760]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[32:48.760 --> 33:06.200]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[33:06.200 --> 33:34.200]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[33:34.200 --> 33:41.160]  We are back, Randy Kelton, Steve Skidmore with our radio, and we're talking about the
[33:41.160 --> 33:49.440]  big mess and the mortgage crisis, and how to fight back against it, and I'm going to
[33:49.440 --> 33:56.560]  shorten this up because we're getting a couple of callers, but essentially the best way to
[33:56.560 --> 34:05.920]  fight them is to start at the beginning, and it's kind of difficult to think about this
[34:05.920 --> 34:15.000]  this way, but anytime you enter into any kind of a legal confrontation, the first thing
[34:15.000 --> 34:23.200]  you should do is sit down and figure out what your legal position is.
[34:23.200 --> 34:32.280]  Figure out what are facts and what are not facts, what is actually the case as opposed
[34:32.280 --> 34:39.520]  to what you think the case might be, and I know that sounds a little obtuse, but one
[34:39.520 --> 34:49.080]  of the hardest things for all of us to do is to differentiate between what we think we
[34:49.080 --> 34:54.000]  know and what we actually know.
[34:54.000 --> 35:00.320]  We hear people call in and they talk about, well, the bank sold the note, and no, they
[35:00.320 --> 35:02.320]  didn't sell the note.
[35:02.320 --> 35:09.200]  They sold something, and we assume if they sold something, we assume it was the note,
[35:09.200 --> 35:15.160]  but that's not actually what they sold, and in fact, we don't necessarily know that they
[35:15.160 --> 35:18.360]  did that anyway.
[35:18.360 --> 35:23.040]  We back up and look at what we actually know, and most of the time when I talk to somebody
[35:23.040 --> 35:29.000]  in foreclosure, they start talking about things that they think the bank did, and I'm going
[35:29.000 --> 35:35.440]  to suggest that we stop and think about what we're doing, and the first place to start
[35:35.440 --> 35:44.360]  is, what do you actually know, had someone was in a foreclosure situation and they said
[35:44.360 --> 35:47.880]  the bank did this, the bank did that, and I said, wait a minute, wait a minute.
[35:47.880 --> 35:49.560]  How do you know the bank did all this?
[35:49.560 --> 35:55.160]  Well, we got this letter, and they said they did this and said they did that, and I said,
[35:55.160 --> 35:56.160]  okay, who said that?
[35:56.160 --> 35:59.720]  And well, they looked out the bottom and some lawyer said it.
[35:59.720 --> 36:06.280]  Well, how do you know that this lawyer actually is a lawyer for the bank?
[36:06.280 --> 36:12.360]  Well, he sent me this letter, okay, I can send you a letter saying that I'm the holder
[36:12.360 --> 36:17.600]  of your note, would you accept that without question?
[36:17.600 --> 36:20.280]  So the first place to start is look at what we actually know.
[36:20.280 --> 36:27.640]  What we actually know is, some lawyer or some person signed this document.
[36:27.640 --> 36:32.240]  Now we don't know if the person who signed the document is the person they said they
[36:32.240 --> 36:35.640]  were, had the authority they claimed to have when they signed the document.
[36:35.640 --> 36:43.200]  You start at the beginning, and if you look at free mortgage help.net, on the first page,
[36:43.200 --> 36:52.880]  we have a bunch of documents that we ask you to send out, and these documents go to finding
[36:52.880 --> 36:59.400]  out who the parties really are.
[36:59.400 --> 37:04.440]  First thing you want to do is look at every document that has been filed in the county
[37:04.440 --> 37:06.800]  record.
[37:06.800 --> 37:13.640]  You may have some documents from the bank or from the service or all these other people,
[37:13.640 --> 37:17.400]  you don't really know what that is yet.
[37:17.400 --> 37:23.200]  The first place to go, put all that aside, go down to the county recorder, pull all the
[37:23.200 --> 37:30.760]  documents that have been filed in the county record, and look at those, everyone that has
[37:30.760 --> 37:41.760]  been signed by someone other than you, send them a letter, and this is how we do it.
[37:41.760 --> 37:52.520]  If there is a document where a person has signed as a employee of a company, send the
[37:52.520 --> 37:58.600]  company a letter and say, I got this document that this person here signed, but I don't
[37:58.600 --> 38:06.240]  know if this person really is who he says he is, will you please provide me with evidence
[38:06.240 --> 38:10.360]  of power of attorney for this individual?
[38:10.360 --> 38:17.160]  What this gives you is the opportunity to go to the court and raise a claim or raise
[38:17.160 --> 38:18.160]  an issue.
[38:18.160 --> 38:20.480]  It gives you prima facie.
[38:20.480 --> 38:26.600]  You can go to the court and say, your honor, this guy is a robo signer, while his name
[38:26.600 --> 38:31.800]  splattered all over the internet, and the judge is going to say so.
[38:31.800 --> 38:37.200]  Just because he's a robo signer, that doesn't mean that on this particular document, he
[38:37.200 --> 38:39.520]  did not have authority to sign this document.
[38:39.520 --> 38:45.800]  What evidence do you have to show that he didn't have authority to sign this document?
[38:45.800 --> 38:50.880]  So he sent a letter to the company for whom this person signed asking for evidence of
[38:50.880 --> 38:52.600]  power of attorney.
[38:52.600 --> 39:00.520]  We have never received a responsive answer to any of those letters.
[39:00.520 --> 39:07.720]  And what that does is it invokes to be U.S., when someone has a duty to respond and fails
[39:07.720 --> 39:11.040]  to respond, that can be equated as fraud.
[39:11.040 --> 39:20.040]  So while it's not necessarily fraud on its face, it gives you prima facie evidence to
[39:20.040 --> 39:27.320]  believe that the person who signed this document does not have power of attorney.
[39:27.320 --> 39:33.120]  Because if they did have power of attorney, the person, the company would have sent you
[39:33.120 --> 39:36.400]  evidence of power of attorney.
[39:36.400 --> 39:46.520]  And then look at the notary, send the notary a letter asking the notary for evidence of
[39:46.520 --> 39:50.440]  the authentication.
[39:50.440 --> 39:55.680]  Almost every state is required to keep a sequential ledger.
[39:55.680 --> 40:04.280]  The ones that aren't still have to, every state that doesn't require a sequential ledger
[40:04.280 --> 40:11.040]  that I found so far has a property tax, has a state income tax.
[40:11.040 --> 40:15.040]  And if they're operating in the state doing business in the state, they're going to need
[40:15.040 --> 40:21.720]  to keep records of the income they receive and have to be able to establish where they
[40:21.720 --> 40:22.720]  got that income.
[40:22.720 --> 40:29.280]  So they reasonably should have records of these authentications for which they got paid.
[40:29.280 --> 40:32.440]  So you ask for evidence of the authentication.
[40:32.440 --> 40:40.880]  You don't get it, prima facie evidence to indicate that the authentication was improper.
[40:40.880 --> 40:52.080]  And all you need to have is prima facie and when any entity or person acting at the behest
[40:52.080 --> 41:03.560]  of an entity makes a proactive statement of law, deny it, dispute it and demand they prove
[41:03.560 --> 41:04.560]  it up.
[41:04.560 --> 41:09.160]  Don't accept anything out of hand.
[41:09.160 --> 41:13.800]  Never stipulate to anything.
[41:13.800 --> 41:24.040]  And if a person makes a proactive statement of fact or proactive statement of law, first
[41:24.040 --> 41:26.960]  one is fact they have to prove it up.
[41:26.960 --> 41:35.040]  Proactive statement of law, if they make a statement of law and it's not made in the
[41:35.040 --> 41:42.320]  words of the court or the statute, then ask them to prove it up.
[41:42.320 --> 41:47.320]  And that goes to the prohibition when you're producing a document.
[41:47.320 --> 41:54.800]  Never make a proactive statement of fact without the best evidence to support it and never
[41:54.800 --> 41:59.320]  make a proactive statement of law out of your own mouth.
[41:59.320 --> 42:05.520]  It must always be made out of the mouth of the court or the statute.
[42:05.520 --> 42:10.320]  And I read lots of legal documents where they say, oh, Your Honor, it's illegal for him
[42:10.320 --> 42:11.320]  to do this.
[42:11.320 --> 42:13.440]  It's improper for him to do that.
[42:13.440 --> 42:16.080]  Well, that's nonsense.
[42:16.080 --> 42:22.720]  They have to say, Your Honor, under this statute, this specific statute on chapter, paragraph,
[42:22.720 --> 42:27.320]  so, so and so and so and so, he's not allowed to do this.
[42:27.320 --> 42:30.320]  If he says it in the other way, then it's meaningless.
[42:30.320 --> 42:37.720]  Okay, I'm getting a bunch of callers and I could spend a whole night on this and I
[42:37.720 --> 42:38.960]  may do this again next.
[42:38.960 --> 42:42.360]  We can try to be a little more prepared.
[42:42.360 --> 42:46.680]  I haven't really went through this in quite a while, so I'm kind of getting out of practice
[42:46.680 --> 42:47.680]  a little bit.
[42:47.680 --> 42:53.640]  You might have noticed that my tongue has been getting tangled today because I'm out of practice.
[42:53.640 --> 42:59.440]  So for those of you who think I've got all this stuff memorized, I don't.
[42:59.440 --> 43:04.760]  The only way I can spit out all these codes and such is doing it over and over and I'm
[43:04.760 --> 43:07.160]  a little out of practice.
[43:07.160 --> 43:11.680]  I'm going to stop now before I confuse myself more than everybody else and I'm going to
[43:11.680 --> 43:14.320]  go to Tony in Pennsylvania.
[43:14.320 --> 43:16.320]  He has a foreclosure issue.
[43:16.320 --> 43:17.320]  Hello, Tony.
[43:17.320 --> 43:18.800]  What do you have for us today?
[43:18.800 --> 43:21.800]  Hey, how are you, Randy?
[43:21.800 --> 43:23.000]  Not doing as good as I could.
[43:23.000 --> 43:26.000]  I've been stumbling over my tongue all day.
[43:26.000 --> 43:30.000]  Well, I think you sound just great.
[43:30.000 --> 43:35.000]  I think you illustrate your points very well and very simple and right to the point.
[43:35.000 --> 43:38.000]  Okay, I'm sorry.
[43:38.000 --> 43:40.000]  Tony, your time is up.
[43:40.000 --> 43:41.000]  What's that?
[43:41.000 --> 43:43.000]  I see your time is up.
[43:43.000 --> 43:47.000]  No, we're about to go to break.
[43:47.000 --> 43:48.000]  Hang on.
[43:48.000 --> 43:56.000]  This is Randy Kelton, these kids who are on the radio are calling number 512-646-1984.
[43:56.000 --> 43:59.000]  We'll be right back.
[43:59.000 --> 44:08.000]  Hello, my name is Stuart Smith from naturespureorganics.com and I would like to invite you to come by
[44:08.000 --> 44:13.400]  our store at 1904 Guadalupe Street, Sweet D, here in Austin, Texas, find brave new books
[44:13.400 --> 44:14.400]  and chase things.
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[44:42.400 --> 44:49.400]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:12.400 --> 45:19.400]  Thank you so much for joining us today.
[45:42.400 --> 46:00.400]  Thank you.
[46:12.400 --> 46:30.400]  Okay, we are back.
[46:30.400 --> 46:38.400]  Randy Kelton, Steve Skidmore, except he's not here tonight and this is a live show on
[46:38.400 --> 46:43.400]  October 10th, 2014.
[46:43.400 --> 46:48.080]  I'm supposed to do this at the first two or three breaks because sometimes here lately
[46:48.080 --> 46:53.500]  we've had to run a couple of archives and it's not always clear to people that it is
[46:53.500 --> 47:01.400]  an archive for a while, so I should give the date at every break so people will know.
[47:01.400 --> 47:04.400]  Okay, I'm not good at new routines.
[47:04.400 --> 47:08.200]  When you get old, you get stuck in your old ways, but I'm working on it.
[47:08.200 --> 47:10.200]  Hello, Tony.
[47:10.200 --> 47:11.200]  How are you, Randy?
[47:11.200 --> 47:12.200]  Can you hear me okay?
[47:12.200 --> 47:13.200]  Yes, I can.
[47:13.200 --> 47:15.200]  Okay, great.
[47:15.200 --> 47:22.200]  My question, Randy, was I understand that there's a difference between grand juries and juries
[47:22.200 --> 47:27.200]  in different states and I was wondering how that plays a role over here in Pennsylvania
[47:27.200 --> 47:33.200]  and if it's even different in Philadelphia, but how that really plays a role and then,
[47:33.200 --> 47:39.200]  Tony General, if need be, how does that really play a role together with one another?
[47:39.200 --> 47:42.200]  Okay, let me explain those.
[47:42.200 --> 47:54.200]  In Pennsylvania, the district court impanels the grand jury at the district court's discretion
[47:54.200 --> 48:01.200]  and essentially because of the way the grand jury is set up in Pennsylvania, it's essentially
[48:01.200 --> 48:10.200]  a perfilus because the state can prosecute without an indictment.
[48:10.200 --> 48:15.200]  So the judge only uses the grand jury when he thinks it's a good idea and I don't know
[48:15.200 --> 48:22.200]  what their criteria would be because generally the prosecutors want to handle everything themselves,
[48:22.200 --> 48:28.200]  the prosecutors and the judges, they don't want a grand jury of our peers mucking around
[48:28.200 --> 48:30.200]  in their business.
[48:30.200 --> 48:41.200]  Essentially grand juries in Pennsylvania are almost worthless as far as a citizen is concerned.
[48:41.200 --> 48:48.200]  However, you have other options that we don't have in other states that tend to make up
[48:48.200 --> 48:52.200]  for that problem.
[48:52.200 --> 49:00.200]  I'm in Texas, which is a Spanish law state and most of the states are Spanish law states.
[49:00.200 --> 49:06.200]  We have the Commonwealth and the old English law states and then the Spanish law states
[49:06.200 --> 49:13.200]  and then there's Louisiana, but Louisiana is a whole different world all its own.
[49:13.200 --> 49:21.200]  In a Spanish law state, we have a duty to report crime, but we have no standing after
[49:21.200 --> 49:35.200]  1865, the legislature granted prosecutors exclusive prosecutorial authority over the criminal
[49:35.200 --> 49:37.200]  codes.
[49:37.200 --> 49:41.200]  Criminal law is a subset of civil law.
[49:41.200 --> 49:50.200]  It's a special subset and that's strictly the purview of the prosecutor except in Pennsylvania.
[49:50.200 --> 50:03.200]  What I was getting to, a Spanish law state, I have a duty to report a crime, but I have
[50:03.200 --> 50:05.200]  no standing.
[50:05.200 --> 50:13.200]  I was just talking to a prosecutor the other day about an issue where I filed a complaint
[50:13.200 --> 50:21.200]  and the sheriff's deputy asked me to check this place where I check whether I want to
[50:21.200 --> 50:30.200]  prosecute or don't want to prosecute and I said I am not checking that because that is
[50:30.200 --> 50:33.200]  none of my business.
[50:33.200 --> 50:38.200]  My business is that I report crime.
[50:38.200 --> 50:43.200]  Once I have reported crime, I have no further business in the matter.
[50:43.200 --> 50:48.200]  Whether you prosecute or don't prosecute, that's up to the courts.
[50:48.200 --> 50:53.200]  I have nothing to do with that so I refuse to check it and they refuse to take my complaint
[50:53.200 --> 50:55.200]  because of it.
[50:55.200 --> 51:04.200]  I understood the reason if someone won't help them pursue a prosecution, then they feel like
[51:04.200 --> 51:06.200]  they're wasting their time and money.
[51:06.200 --> 51:13.200]  That was the reason but they made it a policy and the problem with policies is policies take
[51:13.200 --> 51:18.200]  on the weight of law or take on the appearance of law.
[51:18.200 --> 51:21.200]  They never take on the authority of law.
[51:21.200 --> 51:29.200]  This officer really thought that he could refrain from doing his duty just because I
[51:29.200 --> 51:31.200]  didn't want to prosecute.
[51:31.200 --> 51:36.200]  In every other state but Pennsylvania, I don't have anything to say about it.
[51:36.200 --> 51:45.200]  In Pennsylvania, prosecuting attorneys are given prosecutorial discretion in that they are
[51:45.200 --> 51:48.200]  given first blush.
[51:48.200 --> 51:54.200]  In every other state, if someone has reason to believe that a crime has been committed,
[51:54.200 --> 52:02.200]  they're to file that complaint, prepare a complaint and file it with a magistrate.
[52:02.200 --> 52:07.200]  The magistrate makes a determination of probable cause, not in Pennsylvania.
[52:07.200 --> 52:13.200]  In Pennsylvania, the complaint is given to the prosecutor first and he gets to make a
[52:13.200 --> 52:18.200]  determination of probable cause.
[52:18.200 --> 52:25.200]  Now, that appears to be a problem because it would appear to give the prosecutors really
[52:25.200 --> 52:28.200]  incredible authority.
[52:28.200 --> 52:35.200]  However, in Pennsylvania, if you have knowledge that a crime has been committed and you report
[52:35.200 --> 52:44.200]  that knowledge, you have standing so that if the prosecuting attorney elects not to
[52:44.200 --> 52:50.200]  prosecute, you can appeal his determination to the court of common please.
[52:50.200 --> 52:57.200]  If the court of common please decides not to prosecute, you can appeal it all the way
[52:57.200 --> 53:02.200]  up to the Pennsylvania Supreme Court.
[53:02.200 --> 53:07.200]  You know, we say, we talk about the fact that you'll never win your case simply because
[53:07.200 --> 53:10.200]  you have the law and the facts on your side.
[53:10.200 --> 53:14.200]  Well, that's the way it is.
[53:14.200 --> 53:18.200]  You'll only win the case if you have the politics on your side.
[53:18.200 --> 53:24.200]  So, when we look at this situation, the first place you want to look is the politics.
[53:24.200 --> 53:32.200]  So, if we have a banker here that we want to pursue criminally, and we've got a prosecutor
[53:32.200 --> 53:38.200]  over here that doesn't want to take on the big time banks, who's got a lot of money
[53:38.200 --> 53:44.200]  and smarter lawyers than him to throw at him, you know, he's going to want to duck and
[53:44.200 --> 53:48.200]  take the easy cases and avoid the hard ones.
[53:48.200 --> 53:56.200]  So, when you file a criminal complaint and the prosecuting attorney determines not to
[53:56.200 --> 54:03.200]  prosecute, then you file an appeal with the court of common please.
[54:03.200 --> 54:12.200]  But my suggestion is that you also file a complaint with the attorney general.
[54:12.200 --> 54:16.200]  Now, let's talk about the attorney general for a moment.
[54:16.200 --> 54:23.200]  Texas has a essentially power of its attorney general because the attorney general in Texas,
[54:23.200 --> 54:30.200]  unlike most other states, is only a lawyer for the state.
[54:30.200 --> 54:38.200]  He represents the state in suits or actions against the state and child support and a few other things.
[54:38.200 --> 54:48.200]  Except in 2007, the legislature changed the law slightly in that when there is an accusation
[54:48.200 --> 54:58.200]  against a public official, the attorney general was given concurrent jurisdiction with the
[54:58.200 --> 55:01.200]  local district attorney.
[55:01.200 --> 55:03.200]  But otherwise, he has no power to prosecute.
[55:03.200 --> 55:12.200]  But in Pennsylvania, the attorney general is the primary prosecutor for the state.
[55:12.200 --> 55:15.200]  He does have prosecutorial authority.
[55:15.200 --> 55:23.200]  So, if you have reason to believe that the prosecuting attorney failed to perform his
[55:23.200 --> 55:32.200]  duty in that he has authority to determine whether or not there is sufficient evidence to believe
[55:32.200 --> 55:40.200]  that a crime has been committed and that the accused committed that crime, if the prosecutor
[55:40.200 --> 55:50.200]  rather decides what case he wants to prosecute and what case he does not want to prosecute,
[55:50.200 --> 55:55.200]  that is not an authority the legislature granted him.
[55:55.200 --> 56:01.200]  So, you file a complaint with the attorney general accusing the prosecuting attorney of official
[56:01.200 --> 56:12.200]  misconduct for exercising prosecutorial police instead of prosecutorial discretion.
[56:12.200 --> 56:20.200]  Call that an active official misconduct and ask the attorney general to prosecute the
[56:20.200 --> 56:21.200]  prosecuting attorney.
[56:21.200 --> 56:26.200]  Well, we know the attorney general is not going to prosecute the prosecuting attorney.
[56:26.200 --> 56:29.200]  But that's okay.
[56:29.200 --> 56:37.200]  Because what do you do if the attorney general doesn't want to prosecute the prosecutor?
[56:37.200 --> 56:45.200]  Okay, Tony, I had you muted because I was getting a lot of background noise.
[56:45.200 --> 56:54.200]  Okay, if the attorney general refuses to prosecute, then you file a complaint with the, you appeal
[56:54.200 --> 56:57.200]  his decision to the court of common police.
[56:57.200 --> 57:04.200]  And you file a complaint against him with the prosecuting attorney for not prosecuting
[57:04.200 --> 57:10.200]  the prosecutor, and you ask the prosecuting attorney to appoint an attorney pro temp.
[57:10.200 --> 57:15.200]  This causes them a lot of pain in the neck.
[57:15.200 --> 57:20.200]  It's all about politics.
[57:20.200 --> 57:29.200]  Now, the attorney general has you coming after him and smearing his name because you're accusing
[57:29.200 --> 57:36.200]  him of shielding the local prosecutor from prosecution and acting in concert and collusion
[57:36.200 --> 57:45.200]  with him to protect all of these corrupt banks who are stealing all our properties.
[57:45.200 --> 57:48.200]  Ken's four rules, four laws.
[57:48.200 --> 57:53.200]  First law, everything, perception is everything.
[57:53.200 --> 57:56.200]  Second law, everything's political.
[57:56.200 --> 58:01.200]  Then we go to everything's negotiable and we'll speak to that a little bit on the other
[58:01.200 --> 58:03.200]  side and we'll go back to you, Tony.
[58:03.200 --> 58:05.200]  This is Randy Kelton.
[58:05.200 --> 58:07.200]  Steve Skidmore, rule of law radio.
[58:07.200 --> 58:13.200]  This is our four hour info marathon and we're building up some calls.
[58:13.200 --> 58:19.200]  Now, we can only hold four calls on the board at one time.
[58:19.200 --> 58:24.200]  So if you call in and get a busy signal, it's probably because the board is full.
[58:24.200 --> 58:32.200]  So when I go from one caller to the next, if you want to call in, you can call in at
[58:32.200 --> 58:37.200]  that time and if you're the first one, then you'll be able to get up on the board.
[58:37.200 --> 58:43.200]  But if you're getting a busy signal on the call-in line, be patient with us and keep
[58:43.200 --> 58:46.200]  calling in every time we change callers.
[58:46.200 --> 58:50.200]  Randy Kelton, Steve Skidmore, we'll be right back.
[58:50.200 --> 58:54.200]  Would you like to make more definite progress in your walk with God?
[58:54.200 --> 59:00.200]  Bibles for America is offering a free study Bible and a set of free Christian books that
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[01:00:03.200 --> 01:00:07.720]  This is the Liberty Beat, your daily source for Liberty News and activist updates online
[01:00:07.720 --> 01:00:08.720]  at thelibertybeat.com.
[01:00:08.720 --> 01:00:13.200]  I'm Brian Hagen with your Liberty Beat for Friday, October 10th, 2014.
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[01:00:52.200 --> 01:00:58.200]  In the news, on Wednesday, arguments concluded in a hearing on forcefeeding at the Guantanamo Bay Military Prison.
[01:00:58.200 --> 01:01:06.200]  Lawyers with Human Rights Group were briefed, represented Syrian detainee Abu Wa'il Diab in a hearing that will determine the legality of the forcefeeding.
[01:01:06.200 --> 01:01:10.200]  And whether or not 32 videos of the procedure will be released to the public.
[01:01:10.200 --> 01:01:14.200]  Diab's team presented three expert witnesses while the government failed to present any.
[01:01:14.200 --> 01:01:21.200]  Judge Guadis Kessler is expected to rule on the matter in the coming weeks.
[01:01:21.200 --> 01:01:29.200]  Thousands of demonstrators marched through Mexico's capital this week, calling on the government to investigate missing students and a recently discovered mass grave.
[01:01:29.200 --> 01:01:35.200]  Forty-three students went missing after a clash of police in Aguaula in the state of Guerrero on September 26.
[01:01:35.200 --> 01:01:40.200]  A mass grave filled with burned human bodies was also found over the weekend.
[01:01:40.200 --> 01:01:47.200]  Guerrero's Attorney General said it was probable that some of the 28 bodies found belonged to the missing students.
[01:01:47.200 --> 01:01:55.200]  On Monday, New York Supreme Court Justice Paul Wooten ruled that the High Rise Safety Initiative will not appear on the November 4th ballot.
[01:01:55.200 --> 01:02:03.200]  The initiative was an effort to investigate all high rise collapses on or since September 11, 2001, including World Trade Center 7.
[01:02:03.200 --> 01:02:09.200]  Justice Wooten cited with a court-appointed referee's recommendations that the petition to be on the ballot be denied.
[01:02:09.200 --> 01:02:15.200]  However, the justice called the city's efforts to dismiss the case based on technicalities irrational and misplaced,
[01:02:15.200 --> 01:02:20.200]  and would lead to disenfranchisement of more than 30,000 registered voters without due process.
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[01:02:49.200 --> 01:02:54.200]  This is the Liberty Beat for Friday, October 10, 2014.
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[01:03:01.200 --> 01:03:21.200]  Okay, we are back. Ready to help Mr. Skidmore? We are on radio and we're talking to Tony of Pennsylvania.
[01:03:21.200 --> 01:03:31.200]  Tony, that kind of is my dissertation on how Pennsylvania is different than most other states.
[01:03:31.200 --> 01:03:41.200]  You see, we don't have some of the advantages we have here like a grand jury that we can petition to directly.
[01:03:41.200 --> 01:03:47.200]  But you have other ways of creating political pressure.
[01:03:47.200 --> 01:03:53.200]  When you start hammering the Attorney General for something that the prosecuting attorney is doing,
[01:03:53.200 --> 01:03:59.200]  the Attorney General is not going to be a happy camper.
[01:03:59.200 --> 01:04:01.200]  That makes sense, Tony.
[01:04:01.200 --> 01:04:09.200]  Well, it does make sense, but coincidentally, your friend Leslie is actually right now dealing with the Attorney General
[01:04:09.200 --> 01:04:16.200]  and they're denying this stuff as just the whole Good Old Boys Club that you mentioned already is going on presently.
[01:04:16.200 --> 01:04:22.200]  He's in the throes of that as we speak and they're just trying to deny that stuff and get it going.
[01:04:22.200 --> 01:04:32.200]  But like you said, filing the accusations against them and the misconduct is really the way to make that, to oil that machine.
[01:04:32.200 --> 01:04:37.200]  Exactly. No slack. You give these guys no quarter.
[01:04:37.200 --> 01:04:43.200]  You make it political. That's the only way it's going to happen is if you make it political.
[01:04:43.200 --> 01:04:48.200]  You've got a politician here who spent his whole career trying to get where he's at
[01:04:48.200 --> 01:04:56.200]  and you come along and ask him to do something that will set all the big money guys against him.
[01:04:56.200 --> 01:05:01.200]  You've got to expect him to resist.
[01:05:01.200 --> 01:05:09.200]  So you have to find a way, you have to find some politics that's more important than the money.
[01:05:09.200 --> 01:05:17.200]  And when you're filing complaints against the Attorney General for not pursuing a prosecuting attorney,
[01:05:17.200 --> 01:05:25.200]  for not stopping these banks from stealing our property, the Attorney General is going to have to run for election.
[01:05:25.200 --> 01:05:35.200]  And when he runs for election, he can expect the person that's filing these complaints to take all of them to his political opponent.
[01:05:35.200 --> 01:05:42.200]  And then the political opponent will wave it in front of the public and then it goes back to Ken's first law.
[01:05:42.200 --> 01:05:44.200]  Perception is everything.
[01:05:44.200 --> 01:05:49.200]  He's going to say, oh, those criminal charges, why, they were bogus.
[01:05:49.200 --> 01:05:54.200]  They were frivolous and unfounded. Yeah, maybe.
[01:05:54.200 --> 01:06:05.200]  But perception is everything. And when his opponent creates the perception that the public has to file criminal charges against the Attorney General to get him to do his job,
[01:06:05.200 --> 01:06:08.200]  it's just not going to look good.
[01:06:08.200 --> 01:06:15.200]  And the higher up you go, the more politically sensitive these people are.
[01:06:15.200 --> 01:06:25.200]  And your real advantage is, is that they are the servants. You are the master.
[01:06:25.200 --> 01:06:31.200]  You can do this and nobody can say anything about it.
[01:06:31.200 --> 01:06:41.200]  I called 911 a while back and the officer that responded, I wanted him to take a complaint against one of his people.
[01:06:41.200 --> 01:06:46.200]  He told me that, well, he could arrest me.
[01:06:46.200 --> 01:06:50.200]  Are you threatening me?
[01:06:50.200 --> 01:06:56.200]  And what he was going to say that if I created disturbance, he could arrest me.
[01:06:56.200 --> 01:07:02.200]  But I turned that around the end into he threatened me.
[01:07:02.200 --> 01:07:07.200]  He said he could arrest me while he's wearing a loaded pistol.
[01:07:07.200 --> 01:07:13.200]  That's a violation of 2202 B2A Texas speed of code and first degree felony.
[01:07:13.200 --> 01:07:17.200]  I dial 911 on him.
[01:07:17.200 --> 01:07:21.200]  So now he really looks bad.
[01:07:21.200 --> 01:07:26.200]  It's all about perception.
[01:07:26.200 --> 01:07:35.200]  So, you know, look at these things and how can you create the most difficulty for them?
[01:07:35.200 --> 01:07:43.200]  Because frankly, that is your job.
[01:07:43.200 --> 01:07:46.200]  They're the public servants. You are the master.
[01:07:46.200 --> 01:07:52.200]  It is your duty to keep them in line and make them do their job.
[01:07:52.200 --> 01:07:54.200]  You don't care if they want to or not.
[01:07:54.200 --> 01:07:57.200]  So run the routine on them.
[01:07:57.200 --> 01:07:59.200]  I talked to Leslie yesterday.
[01:07:59.200 --> 01:08:01.200]  I'll talk to her again.
[01:08:01.200 --> 01:08:10.200]  If the Attorney General doesn't want to do his job, I guarantee you what's happening is it's not the Attorney General himself.
[01:08:10.200 --> 01:08:14.200]  It's one of his people.
[01:08:14.200 --> 01:08:18.200]  The Attorney General probably doesn't know anything about this.
[01:08:18.200 --> 01:08:25.200]  So you file a criminal complaint against the Attorney General.
[01:08:25.200 --> 01:08:31.200]  But he finds out about it. He is not going to be a happy camper.
[01:08:31.200 --> 01:08:36.200]  You file against him as respondee at superior.
[01:08:36.200 --> 01:08:43.200]  Everybody working for the Attorney General's office works for the Attorney General.
[01:08:43.200 --> 01:08:46.200]  The Attorney General works for you.
[01:08:46.200 --> 01:08:56.200]  Everything they do, they do in the name of the Attorney General so you hold him responsible because he's the one that hired and trained these people and gave them their duties.
[01:08:56.200 --> 01:09:01.200]  So if they're doing something illegal, you must presume that the Attorney General told them to.
[01:09:01.200 --> 01:09:10.200]  And if the Attorney General didn't tell them to, well, he could throw them under the bus if he wants to.
[01:09:10.200 --> 01:09:13.200]  It's all about politics.
[01:09:13.200 --> 01:09:18.200]  You know what you said, we had talked a little while back about another matter, Randy, and you're right about that.
[01:09:18.200 --> 01:09:25.200]  I had an incident happen this last summer, maybe about two months ago, and I don't understand how it occurred.
[01:09:25.200 --> 01:09:33.200]  I was in the backyard of a place that I've owned for 28, 29 years. Everyone around here knows me, but for some reason or another, I'm in the backyard with these people.
[01:09:33.200 --> 01:09:35.200]  We're ripping a fence down.
[01:09:35.200 --> 01:09:43.200]  And the cops came, apparently there was a disturbance or something about men, and even though I was there, an easily identifiable.
[01:09:43.200 --> 01:09:50.200]  And what they ended up doing was going through somebody's property through the back door, came into my place, 12, 15 cops just swarming.
[01:09:50.200 --> 01:09:58.200]  And I was appalled, and I was actually on the phone with the police station at the time, and they refused to talk about anything, which was bizarre.
[01:09:58.200 --> 01:10:01.200]  But when they came in there, like you said, I actually said that to the guy.
[01:10:01.200 --> 01:10:07.200]  I said, you know, I said, if you don't leave my building now, I said I'm going to call 911 and tell them that there's a man with a gun here.
[01:10:07.200 --> 01:10:13.200]  One guy had something to say because he was difficult, but that supervisor spoke right up and wanted to take care of that problem right away.
[01:10:13.200 --> 01:10:17.200]  So I see what you're saying. It does work.
[01:10:17.200 --> 01:10:25.200]  Absolutely. He recognized the ordinary officer won't really recognize it, but the supervisor will.
[01:10:25.200 --> 01:10:35.200]  He's the one that has to explain it. And what you did to him is told him that you know how to kick him in his professional teeth.
[01:10:35.200 --> 01:10:44.200]  And he did not want that happening. So when we act like the sovereign, they take notice.
[01:10:44.200 --> 01:10:52.200]  And that's why I say to people, never ask a public official to do anything you actually want him to do.
[01:10:52.200 --> 01:10:57.200]  Because you never ask him to do anything he's not specifically required to do.
[01:10:57.200 --> 01:11:09.200]  And then when he doesn't do it, wonderful. Now I get to go to your boss and clobber your boss for what you didn't do or what you did do that was improper.
[01:11:09.200 --> 01:11:14.200]  If you've ever been in the military, you'll understand this implicitly.
[01:11:14.200 --> 01:11:24.200]  I once was loading weapons on an aircraft in Homestead, Florida. I used to load bombs and rockets on fighter type aircraft.
[01:11:24.200 --> 01:11:30.200]  And the commander came by and said his bird was broke. I needed to download this bird upload that bird.
[01:11:30.200 --> 01:11:34.200]  So I jumped on my bomb lift truck and ran out to the flight line.
[01:11:34.200 --> 01:11:41.200]  And while I was heading out to the flight line, as fast as I could go because the commander's waiting, his blocks already left.
[01:11:41.200 --> 01:11:46.200]  I got a catch. I almost ran over the flight safety officer who pulled right out in front of me.
[01:11:46.200 --> 01:11:52.200]  And I had to duck under, spin that bomb lift truck underneath an F-4 Phantom and duck down to keep from hitting it.
[01:11:52.200 --> 01:11:55.200]  Scooted out the other side and went on about my business.
[01:11:55.200 --> 01:12:07.200]  I'm loading these bombs and about a half a dozen chief and senior master sergeants, highest ranking NCO you can be in the Air Force, converged on me.
[01:12:07.200 --> 01:12:11.200]  Chewing me out and just having a fit.
[01:12:11.200 --> 01:12:20.200]  And my officer into my NCO in charge, non-commissioned officer in charge, he was a tech sergeant.
[01:12:20.200 --> 01:12:22.200]  He's two or three grades below them.
[01:12:22.200 --> 01:12:27.200]  He walked right up in the middle of them and said, what in the heck is going on?
[01:12:27.200 --> 01:12:31.200]  And one of them said, this airman, he said, I don't care about this airman.
[01:12:31.200 --> 01:12:37.200]  What are you doing hollering at one of my troops?
[01:12:37.200 --> 01:12:41.200]  He's the only one that hollers at his troops.
[01:12:41.200 --> 01:12:47.200]  If the commander sees me doing something inappropriate, the commander's not going to say a word to me.
[01:12:47.200 --> 01:12:56.200]  He's going to go to the guy under him, the officer in charge of my duty section and say, what in the heck is going on?
[01:12:56.200 --> 01:12:58.200]  Can't you control your troops?
[01:12:58.200 --> 01:13:05.200]  And the officer in charge is going to go to the non-commissioned officer in charge and chew him out because the commander just chewed him out.
[01:13:05.200 --> 01:13:08.200]  And then that guy's going to go down the line.
[01:13:08.200 --> 01:13:11.200]  If the time it gets to you, you're in big trouble.
[01:13:11.200 --> 01:13:16.200]  So far as you are concerned, you are the commander.
[01:13:16.200 --> 01:13:20.200]  You don't chew out these chumps on the bottom.
[01:13:20.200 --> 01:13:27.200]  You go after the guy who's supposed to be controlling these chumps on the bottom and chew him out or charge him.
[01:13:27.200 --> 01:13:32.200]  And the time it gets to the chump on the bottom, they don't care if he did it right or wrong.
[01:13:32.200 --> 01:13:36.200]  All they know is, is they're getting in trouble because of you, so you're in trouble.
[01:13:36.200 --> 01:13:38.200]  Does that make sense, Tony?
[01:13:38.200 --> 01:13:40.200]  It absolutely does.
[01:13:40.200 --> 01:13:45.200]  And like I said, I used that example and I learned something because I've had a lot of problems here.
[01:13:45.200 --> 01:13:57.200]  And I even read something the other day about that there was a court decision a while back that actually said that the police, the Philadelphia police, was not actually here to protect you.
[01:13:57.200 --> 01:14:01.200]  That it was ruled that they are just here to protect the corporation.
[01:14:01.200 --> 01:14:03.200]  No, no, no, no, that's not what it is.
[01:14:03.200 --> 01:14:07.200]  They're not, they have no duty to protect you.
[01:14:07.200 --> 01:14:08.200]  That's what I mean.
[01:14:08.200 --> 01:14:12.200]  It was actually a Philadelphia case referenced in just one of three.
[01:14:12.200 --> 01:14:15.200]  No, no, wait, you got to, you need to give this in proper context.
[01:14:15.200 --> 01:14:19.200]  They're not here to protect the corporations either.
[01:14:19.200 --> 01:14:20.200]  Okay.
[01:14:20.200 --> 01:14:25.200]  They're here to enforce law.
[01:14:25.200 --> 01:14:29.200]  And it's important you understand the distinction.
[01:14:29.200 --> 01:14:32.200]  The code is a law.
[01:14:32.200 --> 01:14:34.200]  Pardon me?
[01:14:34.200 --> 01:14:39.200]  Well, what I had read, that's why I'm asking for them, it said that they're there to arrest the code breakers.
[01:14:39.200 --> 01:14:41.200]  Is that different than what you're saying?
[01:14:41.200 --> 01:14:43.200]  No, that's, that's the same.
[01:14:43.200 --> 01:14:47.200]  They're here to enforce the law, not to protect anyone.
[01:14:47.200 --> 01:15:00.200]  However, if like here, I was having my niece was having some family law issues and her ex husband is just was freaking out and acting ignorant.
[01:15:00.200 --> 01:15:03.200]  And I filed a criminal trespass charge against it.
[01:15:03.200 --> 01:15:09.200]  And the police officer refused to give the complaint to the local magistrate.
[01:15:09.200 --> 01:15:12.200]  And then the guy just kept getting worse and worse.
[01:15:12.200 --> 01:15:14.200]  And then he started making death threats.
[01:15:14.200 --> 01:15:20.200]  So I went back to the officer and said, look, you have a duty to enforce law.
[01:15:20.200 --> 01:15:26.200]  You have no duty to protect me, but you failed to enforce law.
[01:15:26.200 --> 01:15:32.200]  And because of your failure, this problem has escalated.
[01:15:32.200 --> 01:15:42.200]  Now, if anything occurs, because you did not enforce law, I will hold you responsible.
[01:15:42.200 --> 01:15:47.200]  You can't sue the officer for not protecting you.
[01:15:47.200 --> 01:15:54.200]  But you can sue the officer for not enforcing law, which resulted in you being harmed.
[01:15:54.200 --> 01:15:56.200]  Does that make sense?
[01:15:56.200 --> 01:16:00.200]  Yes, it does, because we're back to damage.
[01:16:00.200 --> 01:16:16.200]  Exactly. And if somebody is beating you up and the officer didn't stop him from beating you up, you can't charge him for not protecting you.
[01:16:16.200 --> 01:16:22.200]  You're charging for not enforcing law, not keeping the peace.
[01:16:22.200 --> 01:16:26.200]  And it really is a minor distinction.
[01:16:26.200 --> 01:16:40.200]  The police like to say that, and I've had said it to me a time or two, and I've land right in the middle of them when they do, is it's just a matter of the way you make your claim against it.
[01:16:40.200 --> 01:16:45.200]  We do have a whole stack of callers. Do you have anything else?
[01:16:45.200 --> 01:16:52.200]  No, no, that's okay. I appreciate your help there, Randy, with that. I was very, very, again, very important.
[01:16:52.200 --> 01:16:55.200]  Okay. Thank you very much, Tony. This is Randy Kelton.
[01:16:55.200 --> 01:16:58.200]  Thanks, Kidmore. We will all radio. We'll be right back.
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[01:19:00.200 --> 01:19:07.200]  This is the Logos Radio Net Video.
[01:19:15.200 --> 01:19:17.200]  Ain't gonna blind me.
[01:19:21.200 --> 01:19:22.200]  Don't bore me.
[01:19:22.200 --> 01:19:36.500]  Okay, we are back.
[01:19:36.500 --> 01:19:37.500]  We're in Kelton.
[01:19:37.500 --> 01:19:42.660]  These kids moved to our radio and we're going to Mike in Texas.
[01:19:42.660 --> 01:19:43.660]  Hello Mike.
[01:19:43.660 --> 01:19:44.660]  Hey, Randy.
[01:19:44.660 --> 01:19:45.660]  How's it going?
[01:19:45.660 --> 01:19:46.660]  Going well.
[01:19:46.660 --> 01:19:49.580]  What do you have for us tonight?
[01:19:49.580 --> 01:19:54.580]  Have you been up to lately?
[01:19:54.580 --> 01:20:02.260]  Now let's see, lately, on July 1st I just basically tried to get some video evidence
[01:20:02.260 --> 01:20:08.520]  of my intake in both union administration and the county attorney confessed an open
[01:20:08.520 --> 01:20:16.260]  court after the judge had made comments that he's probably going to decide in my favor
[01:20:16.260 --> 01:20:20.820]  that the county attorney said, well, we destroyed it before the open record request tonight,
[01:20:20.820 --> 01:20:30.020]  which occurred about 10 days after arrest and they're obligated to preserve all those
[01:20:30.020 --> 01:20:37.460]  records and the judge tried to backpedal on that and I didn't let them and disqualify
[01:20:37.460 --> 01:20:42.580]  them and they brought me before a disqualifying judge which had a pre-written order disqualified
[01:20:42.580 --> 01:20:51.600]  him and so then it went before the head administrative judge in this region, Billy
[01:20:51.600 --> 01:20:58.620]  Ray Stubblefield, and he started to play some games again also with the other judges.
[01:20:58.620 --> 01:21:07.580]  He decided to, first, not notify parties of his ruling that he was going to be administrative
[01:21:07.580 --> 01:21:12.980]  judge and then second, he didn't notify even the court that he had made a ruling.
[01:21:12.980 --> 01:21:18.340]  So about a month and a half goes by, in between I'm doing a lot of background and research
[01:21:18.340 --> 01:21:25.140]  towards that, so I wrote a disqualification of him and so now the court administration
[01:21:25.140 --> 01:21:31.740]  is in a bind, I know where they're probably going to have to go but they don't want to
[01:21:31.740 --> 01:21:37.620]  do it but it has to go before the Chief Justice for the Texas Supreme Court.
[01:21:37.620 --> 01:21:42.260]  So the Chief Court administration is like, we've never had any disqualifiers, we've
[01:21:42.260 --> 01:21:43.260]  tried this before.
[01:21:43.260 --> 01:21:48.620]  We don't know what to do and I'm like, well, I think I know what you have to do but I want
[01:21:48.620 --> 01:21:50.620]  you to come next termination.
[01:21:50.620 --> 01:21:56.900]  Well, heck, I once disqualified the head administrative judge, it wasn't in the Austin
[01:21:56.900 --> 01:22:03.140]  District but it was up here in North Texas but this happened before.
[01:22:03.140 --> 01:22:08.300]  Oh, it's got to have happened before.
[01:22:08.300 --> 01:22:15.420]  So it's chipping away on all fronts, after about a four-year battle with CSA, I finally
[01:22:15.420 --> 01:22:21.220]  got a partial response back and so it took about four years just to do a four-year request
[01:22:21.220 --> 01:22:28.780]  with your obligated by law to complete the information within 21 days.
[01:22:28.780 --> 01:22:32.500]  And so I have a local attorney who's maybe considering taking that out and so I might
[01:22:32.500 --> 01:22:39.540]  pass that off and continue with my other case but the county attorney had confessed in open
[01:22:39.540 --> 01:22:46.220]  court that they, as a matter of policy, destroy all intake booking registration records, that
[01:22:46.220 --> 01:22:55.340]  they are obligated under statute 3822 to preserve until all chances of appeal have been exhausted.
[01:22:55.340 --> 01:23:01.220]  And so there's even remedy for that but those are third-degree felony offenses at least
[01:23:01.220 --> 01:23:05.380]  if it's more efficient than second-degree felony offense.
[01:23:05.380 --> 01:23:13.820]  So the county attorney has confessed by himself for like a prosecution that the sheriff has
[01:23:13.820 --> 01:23:20.220]  guilty of hundreds of thousands of at least third-degree felony offenses.
[01:23:20.220 --> 01:23:27.180]  It was interesting to note the look on the other attorney, the Travis County attorney.
[01:23:27.180 --> 01:23:34.260]  He was completely red-faced and I don't think I ever call ever seeing someone sweat so much
[01:23:34.260 --> 01:23:41.180]  outside of just an air-conditioned note.
[01:23:41.180 --> 01:23:48.420]  So they have tried to reverse that opinion for that statement so they've never occurred
[01:23:48.420 --> 01:23:57.780]  but I'm trying to get the court records transcripts and so either way, I've got them.
[01:23:57.780 --> 01:24:02.380]  There are hundreds of thousands of third-degree felony offense, destruction of evidence,
[01:24:02.380 --> 01:24:08.740]  which they do as a matter of policy, or aggravated surgery because I have two mutually exclusive
[01:24:08.740 --> 01:24:15.420]  statements that they've done to send an open court.
[01:24:15.420 --> 01:24:19.340]  So how is it?
[01:24:19.340 --> 01:24:23.620]  You're having too much fun.
[01:24:23.620 --> 01:24:29.340]  This is what they do when they try to play fast and loose is if they've got somebody
[01:24:29.340 --> 01:24:39.940]  that hangs in there and doesn't walk away that everything they do tends to make it worse.
[01:24:39.940 --> 01:24:45.860]  So make it a little interesting by following a lot of criminal affidavits, I've affidized
[01:24:45.860 --> 01:24:47.940]  everything I've put in.
[01:24:47.940 --> 01:24:54.060]  The latest document I've put in was 31-page disqualification of the judges I've gone before
[01:24:54.060 --> 01:25:00.980]  and I do have the rules of office and they don't conform with Texas law.
[01:25:00.980 --> 01:25:06.980]  So that's going to be interesting on its own but I'm going to file criminal affidavits
[01:25:06.980 --> 01:25:13.580]  into the docket for the discovery to get the transcripts and try to be prepared as much
[01:25:13.580 --> 01:25:20.300]  as I can for when I go before probably the Texas Supreme Court justice.
[01:25:20.300 --> 01:25:24.980]  Now they're going to probably want to delay as much as possible being election time.
[01:25:24.980 --> 01:25:29.580]  I'm certain they're not prominent in their order for God because they're going to want
[01:25:29.580 --> 01:25:33.620]  to go on the clock out as much as possible.
[01:25:33.620 --> 01:25:39.180]  Is the Chief Justice not up for reelection at this time, is he?
[01:25:39.180 --> 01:25:48.500]  No, but the other justices I think are and I think the sheriff is.
[01:25:48.500 --> 01:25:53.300]  So they're going to want to protect everybody that's in there.
[01:25:53.300 --> 01:25:56.660]  So we need to get this out as loud as we can.
[01:25:56.660 --> 01:26:02.180]  The sheriff is destroying all of the records of the intake that they're supposed to be
[01:26:02.180 --> 01:26:03.180]  keeping.
[01:26:03.180 --> 01:26:07.820]  So on intake, the sheriff's department can do anything they want to to you because there's
[01:26:07.820 --> 01:26:08.820]  no record.
[01:26:08.820 --> 01:26:13.180]  Also, for magistrations, they can do anything they want.
[01:26:13.180 --> 01:26:18.180]  For the bond hearing, they can do anything they want and they're just saying as a matter
[01:26:18.180 --> 01:26:24.780]  of technical policy because they have the same age of equipment that can only maintain
[01:26:24.780 --> 01:26:26.180]  those records for seven days.
[01:26:26.180 --> 01:26:30.820]  That's what they're claiming, but it doesn't really matter because it's in statute they're
[01:26:30.820 --> 01:26:34.580]  obligated to maintain.
[01:26:34.580 --> 01:26:44.660]  And that actually is contrary to the incident that occurred in public where it was under
[01:26:44.660 --> 01:26:47.140]  video reporting in the courthouse.
[01:26:47.140 --> 01:26:54.020]  So they're saying that intake and booking, they have a seven-day period, but they had
[01:26:54.020 --> 01:27:00.180]  no problem unarchiving the video evidence of my actual arrest in the courthouse.
[01:27:00.180 --> 01:27:04.780]  So you just found pretty much evidence there, the inconsistency there.
[01:27:04.780 --> 01:27:10.660]  Yes, and I actually, I have a copy of that, thanks to you.
[01:27:10.660 --> 01:27:14.780]  Well, yep, and I'm trying to get more.
[01:27:14.780 --> 01:27:21.900]  GSA has refused to comply with most of the FOIA requests.
[01:27:21.900 --> 01:27:28.100]  They won't release any video, they won't release any analog, although they have testimony
[01:27:28.100 --> 01:27:32.620]  which is contrary to what they had said in open court.
[01:27:32.620 --> 01:27:42.020]  But it goes to how do you have that testimony if you don't have some basis to recover from.
[01:27:42.020 --> 01:27:49.020]  So obviously they still have audio reporting, video reporting, you know, it's pretty obviously
[01:27:49.020 --> 01:27:54.020]  have microphones in the GSA's own, although they claim that they don't, but they have
[01:27:54.020 --> 01:27:58.900]  to have them given their FOIA response.
[01:27:58.900 --> 01:28:03.020]  So there's inconsistencies with GSA too.
[01:28:03.020 --> 01:28:09.580]  Now I have been disqualified out or dismissed out of the FIS circuit.
[01:28:09.580 --> 01:28:16.660]  So I'm at, so far I'm at MAC case, I've moved it all the way to FIS and it's been dismissed
[01:28:16.660 --> 01:28:22.540]  out and it put a petition for re-hearing and they've refused to re-hear it.
[01:28:22.540 --> 01:28:27.860]  And so now I'm going to the United States Supreme Court.
[01:28:27.860 --> 01:28:30.260]  And this will be your second time there.
[01:28:30.260 --> 01:28:36.060]  This will be my second time there and I'm going to bundle in everything else, but I'm
[01:28:36.060 --> 01:28:38.260]  going to make this a lot more interesting.
[01:28:38.260 --> 01:28:43.180]  I have already filed in criminal affidavit through the Chief Justice.
[01:28:43.180 --> 01:28:49.700]  So I'm going to style it in a way, and I'm hoping that the styling will stick, but you
[01:28:49.700 --> 01:28:54.860]  know, the reading on how the Supreme Court accepts cases, they don't like to accept cases,
[01:28:54.860 --> 01:28:55.860]  anything on the merit.
[01:28:55.860 --> 01:28:59.540]  They only want something that has to do with the state's rights or something more broad
[01:28:59.540 --> 01:29:01.540]  in general.
[01:29:01.540 --> 01:29:07.180]  But I think that they are the court of original jurisdiction when accusations against their
[01:29:07.180 --> 01:29:11.700]  Chief Justice is below them and their district and their appellate courts and their district
[01:29:11.700 --> 01:29:12.700]  courts are inquestive.
[01:29:12.700 --> 01:29:21.540]  So I'm going to be directly charging the Chief Justice of the circuit, all the justice below,
[01:29:21.540 --> 01:29:26.860]  county attorney, district attorney, going to bring everything up into one big stylized
[01:29:26.860 --> 01:29:30.940]  suit and pull that in.
[01:29:30.940 --> 01:29:37.380]  Okay, wait, hang on, we're about to go to break.
[01:29:37.380 --> 01:29:41.060]  This is Randy Kelton, Steve Skidmore, we will go on radio.
[01:29:41.060 --> 01:29:47.260]  Our call in number 512-646-1984, Ramon, Danny, I see you there.
[01:29:47.260 --> 01:29:50.580]  We will get to you when we come back on the other side.
[01:29:50.580 --> 01:30:03.940]  So give us a call, get in line, we'll be taking calls all night, we'll be right back.
[01:30:03.940 --> 01:30:07.340]  Should parents be fingerprinted to drop off their kids at daycare?
[01:30:07.340 --> 01:30:11.140]  Mississippi says yes, but only low income parents are being targeted.
[01:30:11.140 --> 01:30:16.980]  I'm Dr. Catherine Albrecht, back with more on this Privacy Rights issue next.
[01:30:16.980 --> 01:30:18.700]  Privacy is under attack.
[01:30:18.700 --> 01:30:22.300]  When you give up data about yourself, you'll never get it back again.
[01:30:22.300 --> 01:30:27.300]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.300 --> 01:30:32.420]  So protect your rights, say no to surveillance and keep your information to yourself.
[01:30:32.420 --> 01:30:35.060]  Privacy, it's worth hanging on to.
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[01:30:46.100 --> 01:30:50.780]  In Mississippi, low income parents are getting an ultimatum at daycare centers.
[01:30:50.780 --> 01:30:53.860]  Give up your biometric data or do without daycare.
[01:30:53.860 --> 01:30:58.700]  Under Mississippi's program, parents who receive state subsidies for childcare must
[01:30:58.700 --> 01:31:03.100]  have all 10 of their fingerprints scanned, with no exceptions.
[01:31:03.100 --> 01:31:07.020]  Wealthier parents who can afford to pay for daycare don't have to do this.
[01:31:07.020 --> 01:31:11.060]  State officials are trying to justify this policy by saying that poor parents could be
[01:31:11.060 --> 01:31:12.060]  committing fraud.
[01:31:12.060 --> 01:31:16.220]  But they're applying the policy to the innocent as well, of course.
[01:31:16.220 --> 01:31:19.020]  So when did the working poor become suspects?
[01:31:19.020 --> 01:31:23.020]  No parent in America should be treated like a criminal just to get childcare.
[01:31:23.020 --> 01:31:31.780]  I'm Dr. Cameron Albright for StartPage.com, the world's most private search engine.
[01:31:31.780 --> 01:31:37.140]  This is Building 7, a 47 story skyscraper that fell on the afternoon of September 11.
[01:31:37.140 --> 01:31:39.380]  The government says that fire brought it down.
[01:31:39.380 --> 01:31:44.180]  Over 1,500 architects and engineers have concluded it was a controlled demolition.
[01:31:44.180 --> 01:31:48.180]  Over 6,000 of my fellow service members have given their lives and thousands of my fellow
[01:31:48.180 --> 01:31:49.620]  force responders have died.
[01:31:49.620 --> 01:31:51.140]  I'm not a conspiracy theorist.
[01:31:51.140 --> 01:31:52.140]  I'm a structural engineer.
[01:31:52.140 --> 01:31:53.460]  I'm a New York City correctional.
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[01:31:58.740 --> 01:32:01.980]  Go to RememberBuilding7.org today.
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[01:33:11.140 --> 01:33:32.620]  Okay, we are back, Randy Kelton's Skidmore with our radio and we're talking to Mike in
[01:33:32.620 --> 01:33:34.260]  Texas.
[01:33:34.260 --> 01:33:42.420]  Well, I guess I'm going to try restyling it from the original styling of the Fifth Circuit
[01:33:42.420 --> 01:33:49.020]  and bring basically criminal charges against all the Chief Justice's and other subordinate
[01:33:49.020 --> 01:33:56.740]  justices from the Sixth Circuit all the way down and he will use touchless case and see
[01:33:56.740 --> 01:34:03.220]  I got to figure out an argument, but that's probably going to be Hansen approach the Supreme
[01:34:03.220 --> 01:34:05.220]  Court.
[01:34:05.220 --> 01:34:14.380]  This should be clear to them by now that this is building a rather large and well-supported
[01:34:14.380 --> 01:34:17.380]  RICO action.
[01:34:17.380 --> 01:34:24.140]  That's true and they wouldn't be immune from that too, but I don't know how I would see
[01:34:24.140 --> 01:34:27.460]  remedy against that.
[01:34:27.460 --> 01:34:37.540]  Well, the judges have immunity so long as they act within scope.
[01:34:37.540 --> 01:34:42.020]  Committing crimes from the bench is not within scope.
[01:34:42.020 --> 01:34:52.780]  Well, one of the, I think, more interesting parts of this case is I have sent, you know,
[01:34:52.780 --> 01:34:59.260]  original criminal affidavits to the local justice here, Sam Sparks, who examining his
[01:34:59.260 --> 01:35:05.700]  financials he invests in all the municipalities and is under his jurisdiction.
[01:35:05.700 --> 01:35:10.260]  So I believe that's sort of a conflict of interest, but that's a weak point.
[01:35:10.260 --> 01:35:16.700]  Because I had sent him filed into the docket criminal affidavits, which he had sent back
[01:35:16.700 --> 01:35:23.660]  to the original court stamp documents back, ampering with the record.
[01:35:23.660 --> 01:35:31.060]  And I sent those up to the Fifth Circuit and when I sent those up, for one reason or another,
[01:35:31.060 --> 01:35:35.860]  the clerk up there lost his job when he refused to do anything about it.
[01:35:35.860 --> 01:35:36.860]  Was it related?
[01:35:36.860 --> 01:35:40.060]  I'm not certain.
[01:35:40.060 --> 01:35:45.900]  I sent copies of those to the Chief Justice and saw it action.
[01:35:45.900 --> 01:35:55.620]  And they even have their court dockets, not a docket, but a case number has been created,
[01:35:55.620 --> 01:35:58.220]  but they refused to respond to it.
[01:35:58.220 --> 01:36:04.980]  So that was October 31st last year.
[01:36:04.980 --> 01:36:11.100]  So he's guilty of hindering and secreting from prosecution.
[01:36:11.100 --> 01:36:17.460]  All the people named him criminal affidavits, including the magistrate here in Austin, Sam
[01:36:17.460 --> 01:36:24.140]  Sparks, who ampered with the record and refused to act upon criminal affidavits against a lot
[01:36:24.140 --> 01:36:32.100]  of the people here that I had sent to Rosemary Lindbergh just prior to her arrest for DWI.
[01:36:32.100 --> 01:36:38.340]  She had sent me a letter indicating that she was going to prosecute the county attorney
[01:36:38.340 --> 01:36:43.460]  and other people involved and then 18 days later, she was being prosecuted by the county
[01:36:43.460 --> 01:36:51.220]  attorney and the sheriff who were listed in the criminal affidavits.
[01:36:51.220 --> 01:36:57.620]  So right after that, then everything she was going to do kind of ceased?
[01:36:57.620 --> 01:37:09.260]  So it all ceased and desisted, and that action came from the white-colored crime division
[01:37:09.260 --> 01:37:16.820]  which Governor Perry tried to use as a bargaining chip to get her to resign.
[01:37:16.820 --> 01:37:22.100]  Whether or not it's anything related to what I have done, I'm not certain.
[01:37:22.100 --> 01:37:24.900]  You know, obviously no one has copied me on that.
[01:37:24.900 --> 01:37:30.420]  But it's an interesting coincidence at least, I think, from my point of view.
[01:37:30.420 --> 01:37:36.340]  We need to get a really good presentation together and start taking it to every grand
[01:37:36.340 --> 01:37:40.180]  jury in the state.
[01:37:40.180 --> 01:37:45.780]  That may actually turn out to be a viable remedy.
[01:37:45.780 --> 01:37:51.100]  I was re-listening to your comments about politics, and that's something that I have
[01:37:51.100 --> 01:37:52.540]  not done much.
[01:37:52.540 --> 01:37:58.300]  I've been kind of just focusing on the legal aspect, and so I think I need to put the criminal
[01:37:58.300 --> 01:38:04.380]  affidavits into the docket that tends to get their attention fairly significantly.
[01:38:04.380 --> 01:38:10.060]  And then once I have filed some documents, Ross and I will go back to the office again
[01:38:10.060 --> 01:38:11.660]  and see what happens.
[01:38:11.660 --> 01:38:16.380]  Yeah, and you need to talk to politicians.
[01:38:16.380 --> 01:38:17.380]  Yes.
[01:38:17.380 --> 01:38:27.380]  Because the problem with politicians is they're dirty, rotten scoundrels.
[01:38:27.380 --> 01:38:31.980]  And being dirty, rotten scoundrels, they know they're dirty, rotten scoundrels, and
[01:38:31.980 --> 01:38:37.020]  they know that politics is filled with dirty, rotten scoundrels, so they don't have an
[01:38:37.020 --> 01:38:38.020]  exclusive.
[01:38:38.020 --> 01:38:40.620]  They're not the only dirty, rotten scoundrel.
[01:38:40.620 --> 01:38:45.980]  So they need to be sure that they're protected from the other dirty, rotten scoundrels out
[01:38:45.980 --> 01:38:48.140]  there.
[01:38:48.140 --> 01:38:53.700]  That's what you can use to get these guys off their behinds.
[01:38:53.700 --> 01:39:02.540]  If you have a politician out there that is concerned that they might come after him,
[01:39:02.540 --> 01:39:11.020]  he might want to head this off by assisting in, see, if he goes after them and then they
[01:39:11.020 --> 01:39:13.900]  come after him, it looks like retaliation.
[01:39:13.900 --> 01:39:21.780]  This is all politics, and if you can get those politicians up in arms, they will have the
[01:39:21.780 --> 01:39:28.860]  influence you need to force these guys to do something, so you need to use everything
[01:39:28.860 --> 01:39:29.860]  that's available.
[01:39:29.860 --> 01:39:32.700]  Welcome to the hearing again.
[01:39:32.700 --> 01:39:38.100]  I have, it's a period these two comes already written, but they're denying the access to
[01:39:38.100 --> 01:39:45.540]  the hearing for obvious intent, but I want to bring, you know, the share of faith.
[01:39:45.540 --> 01:39:49.540]  You say you're your destruction of records, that's what your representative is saying.
[01:39:49.540 --> 01:39:52.180]  What do you have to say about that, you know, et cetera?
[01:39:52.180 --> 01:39:57.060]  Yeah, that was actually his attorney that said that.
[01:39:57.060 --> 01:40:01.900]  So you can hold him responsible for what the attorney told them.
[01:40:01.900 --> 01:40:03.380]  Yep.
[01:40:03.380 --> 01:40:08.260]  And I wanted to have the press there at that time, too, say, look, these guys didn't show,
[01:40:08.260 --> 01:40:11.220]  because they're not going to obey a subpoena.
[01:40:11.220 --> 01:40:16.900]  I guarantee you they're not going to obey it, even if it's served properly.
[01:40:16.900 --> 01:40:21.020]  And so, well, you know, it's election time, these guys refuse to obey their own laws,
[01:40:21.020 --> 01:40:25.740]  refuse to obey a subpoena, is this someone that you want to reelect?
[01:40:25.740 --> 01:40:26.740]  Exactly.
[01:40:26.740 --> 01:40:39.100]  This is what we need to do is really build the politics on this thing.
[01:40:39.100 --> 01:40:47.340]  So I guess that's what I've been kind of doing up to, including today, been doing a lot of
[01:40:47.340 --> 01:40:56.100]  financial post-mortem analysis, tried to do my best to, you know, uncover some interesting
[01:40:56.100 --> 01:41:07.060]  things, because a lot of things have to be made public in terms of campaign contributions.
[01:41:07.060 --> 01:41:14.020]  But I've already found several corporations with the judges, either as directors, or directing
[01:41:14.020 --> 01:41:21.580]  the judges' name, either through Secretary of State of Texas or who's down on Bradstreet.
[01:41:21.580 --> 01:41:29.660]  So I'm working on getting a little more meat in there, maybe just something that will cause
[01:41:29.660 --> 01:41:35.140]  maybe a little more interest, I think, than just sort of dry legal remedy, something that
[01:41:35.140 --> 01:41:38.340]  I think the press would find more interesting.
[01:41:38.340 --> 01:41:44.620]  Well, the only way to get it done is just, you know, you're the one person, you're probably
[01:41:44.620 --> 01:41:51.500]  the worst person for them to get after them, because you'll do the one thing that has
[01:41:51.500 --> 01:41:59.700]  a real chance of winning in that you just don't quit.
[01:41:59.700 --> 01:42:06.820]  They don't understand a critter that'll just keep on coming.
[01:42:06.820 --> 01:42:07.820]  So is that about it?
[01:42:07.820 --> 01:42:10.900]  That's a lot of it, I guess, Randy.
[01:42:10.900 --> 01:42:14.300]  Thank you for allowing me to update everybody.
[01:42:14.300 --> 01:42:17.860]  Thanks, Mike, and hang in there.
[01:42:17.860 --> 01:42:23.660]  Mike is about one of the bravest people I've ever met.
[01:42:23.660 --> 01:42:30.780]  You know, I went after these guys, but I went after them because I was pretty angry at them,
[01:42:30.780 --> 01:42:32.020]  and I wasn't afraid of them.
[01:42:32.020 --> 01:42:34.340]  I didn't have enough sense to be.
[01:42:34.340 --> 01:42:39.260]  But Mike went after them, and he was terrified of them.
[01:42:39.260 --> 01:42:46.060]  But he did it anyway, and that's the bravest thing I've ever seen.
[01:42:46.060 --> 01:42:52.220]  So I really appreciate you, Mike, and whatever you do, don't quit.
[01:42:52.220 --> 01:42:53.220]  Thank you, Randy.
[01:42:53.220 --> 01:42:54.220]  I will.
[01:42:54.220 --> 01:43:01.980]  I've got a lot of interesting stuff hopefully in the future to report about.
[01:43:01.980 --> 01:43:04.580]  Keep us up to date.
[01:43:04.580 --> 01:43:05.580]  Absolutely.
[01:43:05.580 --> 01:43:07.580]  Either way, it's going to get interesting.
[01:43:07.580 --> 01:43:11.620]  They either have to produce the evidence or it's going to be interesting how they shield
[01:43:11.620 --> 01:43:15.060]  themselves from prosecution, because that's what the statute says.
[01:43:15.060 --> 01:43:18.180]  That's positive law, as you would say, not negative law.
[01:43:18.180 --> 01:43:21.700]  They can only do what they are allowed to do.
[01:43:21.700 --> 01:43:23.580]  They can't do anything else.
[01:43:23.580 --> 01:43:27.580]  They're not allowed to destroy evidence.
[01:43:27.580 --> 01:43:32.260]  Specifically forbidden to, so this should be interesting.
[01:43:32.260 --> 01:43:33.260]  Okay.
[01:43:33.260 --> 01:43:34.260]  Thank you, Mike.
[01:43:34.260 --> 01:43:35.260]  Thank you, Randy.
[01:43:35.260 --> 01:43:36.260]  Thank you, Steve.
[01:43:36.260 --> 01:43:37.260]  Okay.
[01:43:37.260 --> 01:43:42.780]  As soon as we come back from break, we're going to go to Ramon in Texas.
[01:43:42.780 --> 01:43:45.140]  This is Randy Kelton, Steve Skidmore.
[01:43:45.140 --> 01:43:50.860]  Steve's not here tonight, he's taking care of the grandkids having a good time.
[01:43:50.860 --> 01:44:00.380]  So give us a call, 512-646-1984, we'll be right back.
[01:44:00.380 --> 01:44:03.940]  You feel tired when talking about important topics like money and politics?
[01:44:03.940 --> 01:44:04.940]  Sorry.
[01:44:04.940 --> 01:44:07.700]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.700 --> 01:44:08.700]  What?
[01:44:08.700 --> 01:44:12.980]  Well, you may be diagnosed with the deadliest disease known today, stupidity.
[01:44:12.980 --> 01:44:18.100]  Hi, my name is Steve Holt, and like millions of other Americans, I was diagnosed with stupidity
[01:44:18.100 --> 01:44:19.300]  at an early age.
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[01:44:23.300 --> 01:44:25.300]  in America, the television.
[01:44:25.300 --> 01:44:30.420]  Unfortunately, that puts most Americans at risk of catching stupidity, but there is hope.
[01:44:30.420 --> 01:44:34.220]  The staff at Brave New Books have helped me and thousands of other foxaholics suffering
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[01:45:00.220 --> 01:45:04.580]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.500 --> 01:46:28.500]  Okay, we are back, Randy Kelton, Steve Skidmore, rule of law radio, and we're going to Ramon
[01:46:28.500 --> 01:46:29.500]  in Texas.
[01:46:29.500 --> 01:46:34.500]  What do you have for us today?
[01:46:34.500 --> 01:46:35.500]  Hey, Randy.
[01:46:35.500 --> 01:46:36.500]  Good evening.
[01:46:36.500 --> 01:46:37.500]  Good evening.
[01:46:37.500 --> 01:46:38.500]  Good evening.
[01:46:38.500 --> 01:46:41.500]  What do you have for us today?
[01:46:41.500 --> 01:46:53.500]  Hey, Randy, I've been dealing with a moving target for several years, but it's finally
[01:46:53.500 --> 01:46:58.500]  landed to this one last point, and I just kind of wanted to see what you think about
[01:46:58.500 --> 01:47:10.500]  the situation, and the situation is the last correspondence I received from a bill collector,
[01:47:10.500 --> 01:47:18.500]  stating that it's been 1,538 days since I've made a payment to them.
[01:47:18.500 --> 01:47:22.500]  Now, that's over four years.
[01:47:22.500 --> 01:47:29.500]  So, you know, I know there's a statute of limitations to a four-year limitation period.
[01:47:29.500 --> 01:47:32.500]  It's a four-year statute of limitations.
[01:47:32.500 --> 01:47:38.500]  Are there the civil practice and remedies code?
[01:47:38.500 --> 01:47:40.500]  I'm not sure exactly where it's at.
[01:47:40.500 --> 01:47:41.500]  Which Steve is on?
[01:47:41.500 --> 01:47:43.500]  He could tell you exactly where it's at.
[01:47:43.500 --> 01:47:44.500]  Okay.
[01:47:44.500 --> 01:47:45.500]  Well, I have it in front of me.
[01:47:45.500 --> 01:47:47.500]  It's the civil practice and remedies code.
[01:47:47.500 --> 01:47:51.500]  It's Title II, trial, judgment, and appeal.
[01:47:51.500 --> 01:47:59.500]  It's Subtitle B, trial matters, Chapter 16, limitations, and Subchapter A, limitations
[01:47:59.500 --> 01:48:01.500]  of personal actions.
[01:48:01.500 --> 01:48:13.500]  Now, in Chapter 16, it's under the 16.00, I mean, the peer.
[01:48:13.500 --> 01:48:15.500]  I believe it's four.
[01:48:15.500 --> 01:48:16.500]  Yeah.
[01:48:16.500 --> 01:48:21.500]  Or did they go two-year, one-year, and four-year?
[01:48:21.500 --> 01:48:22.500]  Okay.
[01:48:22.500 --> 01:48:24.500]  The two-year is...
[01:48:24.500 --> 01:48:28.500]  0.004 is the four-year limitation period.
[01:48:28.500 --> 01:48:29.500]  Yeah.
[01:48:29.500 --> 01:48:34.500]  The four-year limitation is the limitation after default.
[01:48:34.500 --> 01:48:43.500]  They've got four years from default to enforce the provisions of the deed of trust by foreclosing.
[01:48:43.500 --> 01:48:52.500]  After foreclosure, they've got two years to evict.
[01:48:52.500 --> 01:48:55.500]  You there?
[01:48:55.500 --> 01:48:58.500]  Yes, I'm here.
[01:48:58.500 --> 01:48:59.500]  Oh, okay.
[01:48:59.500 --> 01:49:00.500]  Okay.
[01:49:00.500 --> 01:49:01.500]  Thought I'd lost you.
[01:49:01.500 --> 01:49:02.500]  Okay.
[01:49:02.500 --> 01:49:10.500]  So, they're actually sent you a letter claiming 1,538 days?
[01:49:10.500 --> 01:49:13.500]  Yes.
[01:49:13.500 --> 01:49:18.500]  So, I have, holding in my hand, it's actually a mortgage statement.
[01:49:18.500 --> 01:49:25.500]  And, you know, it is actually on the statement, you know, they're demanding that I pay a certain
[01:49:25.500 --> 01:49:27.500]  full amount.
[01:49:27.500 --> 01:49:36.500]  And then they have documented that their calculations have come, some to this amount, based on that
[01:49:36.500 --> 01:49:44.500]  it's been 1,538 days since I've last made a payment to them.
[01:49:44.500 --> 01:49:50.500]  So, they have sent me a document that documents 1,538 days since the last time the payment
[01:49:50.500 --> 01:49:55.500]  was received to them for a certain instrument.
[01:49:55.500 --> 01:50:02.500]  So, there are 78 days out of time by their own calculation.
[01:50:02.500 --> 01:50:04.500]  Oh, wait a minute.
[01:50:04.500 --> 01:50:08.500]  When does default occur?
[01:50:08.500 --> 01:50:11.500]  About September of 2010.
[01:50:11.500 --> 01:50:14.500]  No, no, no, wait, wait, wait, wait.
[01:50:14.500 --> 01:50:19.500]  They're saying that it's been this long since you've sent a payment.
[01:50:19.500 --> 01:50:20.500]  Yes.
[01:50:20.500 --> 01:50:22.500]  It's depending on the contract.
[01:50:22.500 --> 01:50:26.500]  It's either 60 or 90 days before default actually occurs.
[01:50:26.500 --> 01:50:39.500]  As states in this letter, the delinquency notice section of the letter states as of September 16, 2014, you are 1,538 days.
[01:50:39.500 --> 01:50:42.500]  Excuse me.
[01:50:42.500 --> 01:50:44.500]  Okay, okay, okay, you've got to understand.
[01:50:44.500 --> 01:50:48.500]  They're saying how many days you're late.
[01:50:48.500 --> 01:50:57.500]  How many days late do you have to be before you're in default?
[01:50:57.500 --> 01:51:04.500]  Well, in the state of Texas, it's typically about 90 days.
[01:51:04.500 --> 01:51:05.500]  Okay, so be careful.
[01:51:05.500 --> 01:51:09.500]  You're not at 90 days yet.
[01:51:09.500 --> 01:51:13.500]  So, stall them longer.
[01:51:13.500 --> 01:51:16.500]  I don't follow you there.
[01:51:16.500 --> 01:51:33.500]  Okay, if you're not in default until 90 days after your last payment, you are four years and 78 days since your last payment.
[01:51:33.500 --> 01:51:42.500]  In order to exceed the statute of limitations, you'd have to be four years and 90 days.
[01:51:42.500 --> 01:51:48.500]  You've got 12 days left.
[01:51:48.500 --> 01:52:03.500]  And I suggest that you don't raise this issue because if they get in close to the time, the courts are bad about allowing them to proceed anyway.
[01:52:03.500 --> 01:52:11.500]  Is there any kind of legal action going on at the moment?
[01:52:11.500 --> 01:52:15.500]  Okay, they're not going to have time.
[01:52:15.500 --> 01:52:21.500]  In order for them to foreclose, they would have to, there's a number of actions that have to take.
[01:52:21.500 --> 01:52:27.500]  So, at this point, they can't get it done in time.
[01:52:27.500 --> 01:52:40.500]  But I would sure want them to be 30 or 60 days over their time limit before I raise an issue.
[01:52:40.500 --> 01:52:52.500]  Well, Randy, the 9th September of, I mean, the 1538 days, this goes back to July of 2010.
[01:52:52.500 --> 01:53:00.500]  So, July, August, September is when an acceleration letter was received.
[01:53:00.500 --> 01:53:02.500]  Oh, okay.
[01:53:02.500 --> 01:53:08.500]  So, September, the notice of acceleration, that's a notice of default.
[01:53:08.500 --> 01:53:20.500]  So, in September, they noted that they accelerated the note and they noted that they established that it was in default at that time.
[01:53:20.500 --> 01:53:22.500]  In 2010.
[01:53:22.500 --> 01:53:26.500]  Okay, so you're past September, you're good.
[01:53:26.500 --> 01:53:30.500]  You're well past September and they don't have time to move anyway.
[01:53:30.500 --> 01:53:36.500]  And this is one you may actually win on.
[01:53:36.500 --> 01:53:38.500]  Do you have a lawyer?
[01:53:38.500 --> 01:53:42.500]  No, I do not.
[01:53:42.500 --> 01:53:48.500]  Do not do this one pro se.
[01:53:48.500 --> 01:53:54.500]  You've got a good viable legal claim.
[01:53:54.500 --> 01:54:04.500]  Do not risk the whole deal on the pro se bias.
[01:54:04.500 --> 01:54:10.500]  Then no, you may not like lawyers, you don't trust lawyers and you shouldn't trust lawyers.
[01:54:10.500 --> 01:54:13.500]  Because lawyers have a different agenda than you do.
[01:54:13.500 --> 01:54:20.500]  But here, if you go in without a lawyer, odds are they're just going to rule against you out of hand.
[01:54:20.500 --> 01:54:26.500]  You go in with a lawyer, good chance you'll get this one.
[01:54:26.500 --> 01:54:30.500]  Okay.
[01:54:30.500 --> 01:54:43.500]  This is a show of legal reform and we're supposed to hate lawyers and avoid them at all costs, but there are times when the lawyer is to your advantage.
[01:54:43.500 --> 01:54:51.500]  As long as he understands that you know how to clobber him good if he tries to screw you around.
[01:54:51.500 --> 01:54:54.500]  Okay, that's always fun.
[01:54:54.500 --> 01:55:02.500]  That is kind of fun, but the lawyers don't think it's funny when you start grieving them.
[01:55:02.500 --> 01:55:08.500]  Well, we think it's funny when you try to scam us either, so practice it and even get out.
[01:55:08.500 --> 01:55:11.500]  Wait, I couldn't understand that.
[01:55:11.500 --> 01:55:27.500]  I said, I guess I don't think it's funny when you're, you know, if they're, you know, going about their today coordinating, you know, matters with their own circles of influence and not really caring so much about my.
[01:55:27.500 --> 01:55:28.500]  Exactly.
[01:55:28.500 --> 01:55:35.500]  And we have to give them reason to make a different calculation.
[01:55:35.500 --> 01:55:38.500]  It's easy to blame the lawyer.
[01:55:38.500 --> 01:55:42.500]  But the lawyer is, you know, this is his business.
[01:55:42.500 --> 01:55:45.500]  He's in business to make money.
[01:55:45.500 --> 01:55:56.500]  And, you know, if you're selling a product and a client comes to you to purchase a product, you look at the client as a source of income.
[01:55:56.500 --> 01:56:04.500]  And you shouldn't be too surprised if your lawyer looks at you as a source of income.
[01:56:04.500 --> 01:56:13.500]  Because they have to pay the bills, have to keep the lights on, have to pay for the golf clubs and the country club.
[01:56:13.500 --> 01:56:19.500]  So expect the lawyer to make a calculation.
[01:56:19.500 --> 01:56:21.500]  That's okay.
[01:56:21.500 --> 01:56:27.500]  Because if we do our job right, we can help him adjust his calculations.
[01:56:27.500 --> 01:56:38.500]  And in one way, you want him to don't be bashful about paying him if he wins for you.
[01:56:38.500 --> 01:56:45.500]  Make that, if that's part of the calculation, he does better if he wins than if he doesn't.
[01:56:45.500 --> 01:56:50.500]  And, you know, it's not just about filing bar grievances.
[01:56:50.500 --> 01:56:56.500]  It's about the politics of the lawyer's position as well.
[01:56:56.500 --> 01:56:59.500]  He has this politics to deal with.
[01:56:59.500 --> 01:57:09.500]  And like the one in Austin where the judge dismissed the case to protect my lawyer from me, we changed the calculation.
[01:57:09.500 --> 01:57:15.500]  The lawyer was no longer worried about the judge being upset at him.
[01:57:15.500 --> 01:57:20.500]  He was a lot more worried about me being upset at him.
[01:57:20.500 --> 01:57:25.500]  Because he knew what I was fixing to do to him if I got real upset with him.
[01:57:25.500 --> 01:57:27.500]  And he didn't want that to happen.
[01:57:27.500 --> 01:57:31.500]  So we don't always have to be nice to our lawyers.
[01:57:31.500 --> 01:57:33.500]  We need to understand the politics they live in.
[01:57:33.500 --> 01:57:36.500]  We can handle them a lot better.
[01:57:36.500 --> 01:57:39.500]  But I do suggest that you get a lawyer for this.
[01:57:39.500 --> 01:57:43.500]  This one's kind of dead bag.
[01:57:43.500 --> 01:57:54.500]  It's a lot harder for them to hammer a lawyer when the lawyer has a dead bag case than it is for them to hammer a pro se.
[01:57:54.500 --> 01:57:59.500]  Okay, that's my story and I'm sticking to it. Do you have any more for us for a moment?
[01:57:59.500 --> 01:58:02.500]  I do actually. I have another question.
[01:58:02.500 --> 01:58:05.500]  But I want to be clear before we move on from that one.
[01:58:05.500 --> 01:58:09.500]  So you're saying...
[01:58:09.500 --> 01:58:13.500]  Okay, hang on, hang on. We're about to go to break.
[01:58:13.500 --> 01:58:17.500]  This is Randy Kelton and Steve Skidmore. We have low radio.
[01:58:17.500 --> 01:58:21.500]  I called in number 512-646-1984.
[01:58:21.500 --> 01:58:24.500]  We're about to go into our third hour.
[01:58:24.500 --> 01:58:27.500]  The calls usually build up toward the end.
[01:58:27.500 --> 01:58:32.500]  So if you have a question or a comment, give us a call.
[01:58:32.500 --> 01:58:36.500]  Get in line so we don't miss you.
[01:58:36.500 --> 01:58:39.500]  So make sure you hit everybody when we get to the end.
[01:58:39.500 --> 01:58:42.500]  Okay, we'll be right back.
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