[00:00.000 --> 00:06.000]  The following use flash is brought to you by the Lone Star Lowdown, providing the jelly
[00:06.000 --> 00:08.000]  bulletins for the commodities market.
[00:08.000 --> 00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.000 --> 00:27.000]  Markets for the 31st of July, 2013, opened up with the gold at $1,094.65 an ounce.
[00:27.000 --> 00:32.000]  Silver, $14.72 an ounce. Texas Crude, $48.52 a barrel.
[00:32.000 --> 00:42.000]  And Bitcoin is currently sitting at about $285 U.S. currency.
[00:42.000 --> 00:48.000]  Today in history, Saturday, July 31, 1999, the Lunar Prospector Drone, part of NASA's
[00:48.000 --> 00:50.000]  Discovery Program, comes to a crashing end.
[00:50.000 --> 00:55.000]  The 19th-month-long mission was designed for a low-polar orbital analysis of the Moon,
[00:55.000 --> 00:59.000]  including mapping of the surface and detection of possible polar ice deposits,
[00:59.000 --> 01:04.000]  measurements in the magnetic and gravitational field, and the study of lunar outgassing.
[01:04.000 --> 01:08.000]  The orbiter was deliberately crashed into a crater near the South Pole after the presence
[01:08.000 --> 01:14.000]  of water ice was successfully detected.
[01:14.000 --> 01:18.000]  In recent news, Facebook is planning on using solar-powered drones with wingspans
[01:18.000 --> 01:23.000]  comparable to a Boeing 737, crisscrossing the planet for providing roughly 4 billion
[01:23.000 --> 01:25.000]  people across the world with Internet.
[01:25.000 --> 01:29.000]  Facebook announced yesterday that its first drone, the Aquila, is already in flight testing
[01:29.000 --> 01:33.000]  in the upper atmosphere as part of its Internet.org initiative.
[01:33.000 --> 01:37.000]  What's the goal? To have hundreds of drones floating upwards with the help of helium balloons,
[01:37.000 --> 01:41.000]  which would then circle the globe at roughly 60,000 to 90,000 feet,
[01:41.000 --> 01:43.000]  way above commercial airliners and weather systems.
[01:43.000 --> 01:47.000]  It turns out that this is more valuable of a solution than building infrastructure
[01:47.000 --> 01:51.000]  in many remote places in Africa, which would be quantitatively much more expensive.
[01:51.000 --> 01:54.000]  The company still has plenty of work to do before this project becomes a reality.
[01:54.000 --> 01:57.000]  It needs to develop a longer-lasting battery and test its lasers,
[01:57.000 --> 02:02.000]  which it says already can send a signal to a target the size of a dime from 10 miles away.
[02:02.000 --> 02:09.000]  Google is also looking into similar solutions.
[02:09.000 --> 02:12.000]  The New York Police Department handed 54 participants body cameras
[02:12.000 --> 02:15.000]  when it started its pilot program last December.
[02:15.000 --> 02:18.000]  Today, they released a 71-page report reviewing the program thus far.
[02:18.000 --> 02:21.000]  The report calls for stricter guidelines before the program expands
[02:21.000 --> 02:25.000]  and offers 23 suggestions that can both improve police-community relations
[02:25.000 --> 02:27.000]  and protect the safety of officers and the public,
[02:27.000 --> 02:32.000]  covering issues such as camera activation, protecting the anonymity of certain groups,
[02:32.000 --> 02:34.000]  retention periods, and footage access.
[02:34.000 --> 02:37.000]  A notable issue, NYPD Inspector General Philip Uris said,
[02:37.000 --> 02:41.000]  was that they found that officers generally don't know when it's appropriate to use the cameras.
[02:41.000 --> 02:46.000]  NYPD officers are trained to turn on their cameras only when there's reasonable suspicion
[02:46.000 --> 02:50.000]  of a crime happening during traffic stops and during incidents where force is used,
[02:50.000 --> 02:55.000]  but those limits are too restrictive to fully capture the wide range of police-community encounters.
[02:55.000 --> 03:17.000]  This has been your Lowdown for July 31, 2014.
[03:17.000 --> 03:31.000]  Okay, we are back. Randy Kelton, You Are Well Radio, and we're talking to Mark in Texas.
[03:31.000 --> 03:35.000]  Okay, Mark, where were we when we went out?
[03:35.000 --> 03:40.000]  Hi. You had just helped me feel much less stupid.
[03:40.000 --> 03:44.000]  I've read so much case law and found very little that seemed incredibly relevant.
[03:44.000 --> 03:47.000]  There's a lot of rules for states on this type of stuff,
[03:47.000 --> 03:52.000]  but it's interesting in that you had just said to me, which is beautiful,
[03:52.000 --> 03:56.000]  that the original petition must establish subject matter jurisdiction,
[03:56.000 --> 04:01.000]  and this catchphrase or what you just said is what I'm going to look for in case law
[04:01.000 --> 04:06.000]  to try to find cases that would make that argument, since I suppose it has to be done.
[04:06.000 --> 04:10.000]  This judge has cruised right over my challenge to subject matter jurisdiction.
[04:10.000 --> 04:15.000]  Ask the plaintiff's attorney, do you agree that you have subject matter jurisdiction?
[04:15.000 --> 04:22.000]  Is that correct? And she said, well, of course. That was the end of that, but it was farcical.
[04:22.000 --> 04:34.000]  The case law says, okay, when the plaintiff files the petition, jurisdiction is assumed.
[04:34.000 --> 04:38.000]  Once jurisdiction is challenged, it's no longer assumed.
[04:38.000 --> 04:46.000]  Now jurisdiction must be proven, regardless of whether the judge had jurisdiction.
[04:46.000 --> 04:49.000]  Once it was challenged, he lost it.
[04:49.000 --> 05:00.000]  Without proving it and just asking the plaintiff if they agreed the judge had jurisdiction doesn't prove jurisdiction.
[05:00.000 --> 05:08.000]  The plaintiff has the duty to plead jurisdiction affirmatively and satisfactorily.
[05:08.000 --> 05:21.000]  Right. We sued a judge here in Austin once, a JP judge, over a credit card issue,
[05:21.000 --> 05:30.000]  and we maintained that the pleading by the plaintiff was insufficient to invoke the subject matter jurisdiction to court.
[05:30.000 --> 05:38.000]  And when the court went ahead and acted as if he had jurisdiction, we sued the judge.
[05:38.000 --> 05:43.000]  And the judge came into court and the client followed directions real good.
[05:43.000 --> 05:48.000]  He said, Your Honor, what are you doing here? I sued you.
[05:48.000 --> 05:53.000]  What? What? Then he gets the pleadings and reads it.
[05:53.000 --> 05:57.000]  And he says, well, it's not my place to prove jurisdiction.
[05:57.000 --> 06:01.000]  You have to do that with all due respect, Your Honor.
[06:01.000 --> 06:10.000]  Before you send me this summons telling me all the horrible things you're going to do to me if I don't show up in your court,
[06:10.000 --> 06:15.000]  you need to make sure you have the authority to do that.
[06:15.000 --> 06:19.000]  And all the judge said was, oh, my, oh, my.
[06:19.000 --> 06:25.000]  So the judge got the county attorney to respond to the petition.
[06:25.000 --> 06:31.000]  So we sued the county attorney for misappropriation of public funds.
[06:31.000 --> 06:35.000]  Oh, that was so much fun.
[06:35.000 --> 06:43.000]  But the client knuckled under. He didn't follow through. He gave up on it.
[06:43.000 --> 06:48.000]  Wow. Well, that was disappointing.
[06:48.000 --> 06:56.000]  But point is, the subject matter jurisdiction of the court must be properly invoked by the plaintiff.
[06:56.000 --> 07:07.000]  The plaintiff must have standing and the standing and the legal capacity to adjudicate the cause.
[07:07.000 --> 07:16.000]  And statute of limitations expired. It retired the cause.
[07:16.000 --> 07:29.000]  You should be able to, you know, and I would suggest the first tact you take is without regard to any other argument.
[07:29.000 --> 07:34.000]  Once a jurisdiction was challenged, it must be proven.
[07:34.000 --> 07:40.000]  And it was not. Right. Therefore, the court cannot have jurisdiction.
[07:40.000 --> 07:47.000]  So you don't go to any of the statute of limitations or payments or any other stuff.
[07:47.000 --> 07:49.000]  You could go to this one first.
[07:49.000 --> 07:55.000]  And then in the alternative, you argue that how the judge didn't have jurisdiction.
[07:55.000 --> 08:03.000]  But you don't want to let that important point fly by. You might consider suing the judge.
[08:03.000 --> 08:05.000]  I'm happy to do it.
[08:05.000 --> 08:14.000]  The situation here, it's funny because this judge has actually had a writ of mandamus issued against him not too long ago.
[08:14.000 --> 08:17.000]  So it was kind of an interesting thing. I just chuckled.
[08:17.000 --> 08:20.000]  I called the guy who had won it, and he was too busy.
[08:20.000 --> 08:30.000]  But in any event, in my case, according to Rule 60E, I think it might be a similar state per state.
[08:30.000 --> 08:36.000]  Because in order to reopen a case once it's been disposed of by the court,
[08:36.000 --> 08:43.000]  and in my case I actually won, but I won without prejudice, and then they made a motion to reopen the case.
[08:43.000 --> 08:45.000]  The judge reopened.
[08:45.000 --> 08:51.000]  They ultimately didn't have a prima facie valid cause of action,
[08:51.000 --> 08:55.000]  if their cause of action is the statement from the original petition.
[08:55.000 --> 09:01.000]  They essentially tried to change what they had said.
[09:01.000 --> 09:05.000]  And this is interesting in that in their motion to reopen,
[09:05.000 --> 09:11.000]  they said that the first date of acceleration was 2010 in direct conflict with their own pleadings.
[09:11.000 --> 09:15.000]  So I'll make a motion perhaps for sanctions.
[09:15.000 --> 09:30.000]  Well, I might suggest that it's probably time for you to stop being the defendant and sue those lawyers for malpractice.
[09:30.000 --> 09:32.000]  Can I? That's interesting.
[09:32.000 --> 09:35.000]  I didn't think I could sue them because they're not my lawyers.
[09:35.000 --> 09:39.000]  I thought I could bargain them and I could ask the court to sanction them.
[09:39.000 --> 09:41.000]  Can I sue lawyers for malpractice?
[09:41.000 --> 09:44.000]  Absolutely you can sue them.
[09:44.000 --> 09:48.000]  We have Santiago V. Mackey here in Texas,
[09:48.000 --> 09:55.000]  but we recently got a federal case on that issue.
[09:55.000 --> 10:03.000]  It is not part of a lawyer's job to file fraudulent documents for its client.
[10:03.000 --> 10:10.000]  He cannot be protected by any immunity when he does that.
[10:10.000 --> 10:14.000]  Got it.
[10:14.000 --> 10:25.000]  They filed a false statement in a document that's patently false and provable based on conflicting statements.
[10:25.000 --> 10:27.000]  Yes, I've already proven it.
[10:27.000 --> 10:31.000]  You don't have to show which statement is incorrect.
[10:31.000 --> 10:38.000]  If the two facts are mutually exclusive, that's sufficient.
[10:38.000 --> 10:42.000]  Got it. So that should get sued against the lawyers.
[10:42.000 --> 10:47.000]  Let's raise the stakes a little bit and you sue them in the Fed.
[10:47.000 --> 10:49.000]  Oh, okay.
[10:49.000 --> 10:54.000]  You can find something that does, but they were on the show a couple weeks ago.
[10:54.000 --> 10:59.000]  You sue them in your local federal court and they have to come to you.
[10:59.000 --> 11:03.000]  Oh, okay. Very good.
[11:03.000 --> 11:05.000]  Quick question on this.
[11:05.000 --> 11:09.000]  This is what I was chuckling about, sadly, and I'm not enjoying the thought,
[11:09.000 --> 11:14.000]  but a few weeks ago there was someone on your show who was talking about the fact that
[11:14.000 --> 11:19.000]  suing lawyers here in Texas for malpractice was very, very difficult.
[11:19.000 --> 11:21.000]  There's almost nobody that does it.
[11:21.000 --> 11:24.000]  I know there's plenty of people in California that do it, for example.
[11:24.000 --> 11:27.000]  I don't have a clue about Arkansas, but I'm going to look into it.
[11:27.000 --> 11:31.000]  Here in Texas, does anybody do it?
[11:31.000 --> 11:34.000]  That was the question.
[11:34.000 --> 11:40.000]  I haven't seen many people do it, but we do have a guy in Austin, Charles Herring.
[11:40.000 --> 11:45.000]  He specializes in malpractice, and he's written a book on it.
[11:45.000 --> 11:53.000]  You look up Malpractice by Charles Herring, you'll find that he updates it every year.
[11:53.000 --> 11:56.000]  I think he cost $119 last time I looked.
[11:56.000 --> 12:00.000]  Sure, find it in the library. I can go to the library for free.
[12:00.000 --> 12:12.000]  He is still practicing in Austin, but he only represents lawyers who have been sued for malpractice.
[12:12.000 --> 12:23.000]  The good thing about being a pro se litigant is you can't be held to the same standard a lawyer is.
[12:23.000 --> 12:27.000]  That's not what they said in my hearing.
[12:27.000 --> 12:32.000]  As far as adjudicating your pleadings, but as far as sanctions,
[12:32.000 --> 12:37.000]  they can't sanction you so long as you're actually in good faith.
[12:37.000 --> 12:40.000]  The lawyers can be sanctioned.
[12:40.000 --> 12:46.000]  First you ask for sanctions, and then they're not going to get sanctions because the court's protected them.
[12:46.000 --> 12:56.000]  When you sue them in the federal court in Texas, these lawyers are going to go bananas.
[12:56.000 --> 12:59.000]  They're going to want this case to go away.
[12:59.000 --> 13:02.000]  They're going to want your suit against them to go away.
[13:02.000 --> 13:06.000]  In the end, it's all about the politics.
[13:06.000 --> 13:07.000]  Sure.
[13:07.000 --> 13:12.000]  Have I talked to you about the four-sided chessboard?
[13:12.000 --> 13:16.000]  You haven't given me that analogy, but I'm listening.
[13:16.000 --> 13:23.000]  When you go into court, it's like you're sitting at a four-sided chessboard.
[13:23.000 --> 13:26.000]  To your right, you have your counsel.
[13:26.000 --> 13:32.000]  To your left, you have opposing counsel, and across from you, you have the judge.
[13:32.000 --> 13:39.000]  Now imagine playing three opponents at one time in chess.
[13:39.000 --> 13:46.000]  The only way you're going to be able to win is you're going to have to enter into an alliance with at least one of those other opponents.
[13:46.000 --> 13:47.000]  Sure.
[13:47.000 --> 13:53.000]  Maybe two to get rid of the fourth, and then one to get rid of the third.
[13:53.000 --> 13:55.000]  It's all about alliances.
[13:55.000 --> 13:58.000]  When you sit down in court, it's all about alliances.
[13:58.000 --> 14:00.000]  I'm saying alliances.
[14:00.000 --> 14:03.000]  It's about relationships.
[14:03.000 --> 14:12.000]  You have a relationship with your attorney, but your attorney has a relationship with opposing counsel and the judge.
[14:12.000 --> 14:16.000]  They have an ongoing relationship.
[14:16.000 --> 14:23.000]  The only way you're going to win your case is you have to use those relationships.
[14:23.000 --> 14:37.000]  Normally, they're used against you, but in this case, if you do it right, as the quotes say, from hell, you hammer your attorney, or in this case, you hammer the attorney on the other side.
[14:37.000 --> 14:39.000]  Now you create some politics.
[14:39.000 --> 14:56.000]  Now the lawyer on the other side wants, he's going to try to invoke his relationship with the judge to get you off his case, and ruling against you is not getting it done.
[14:56.000 --> 14:57.000]  Yeah.
[14:57.000 --> 14:58.000]  Okay.
[14:58.000 --> 15:03.000]  He's going to want to go to the judge and say, judge, you've got to help me out here.
[15:03.000 --> 15:06.000]  This guy is kicking my behind.
[15:06.000 --> 15:16.000]  The last case I had in Austin, when a DPS officer knocked out one of my teeth, then they charged me to cover up what he did.
[15:16.000 --> 15:27.000]  They threw out my case to protect my lawyer from me, because I was trying to force the lawyer to do what he was required to do,
[15:27.000 --> 15:35.000]  and he was afraid to because he's afraid that he would upset the judge, and the judge would get him disbarred.
[15:35.000 --> 15:49.000]  So I used that and put them and put the judge in a position to where he had to dismiss my case to protect my lawyer from me.
[15:49.000 --> 15:53.000]  Did he dismiss your complaint and you lost?
[15:53.000 --> 16:05.000]  No, I was being criminally prosecuted for using my face to try to break a stone wall at the Secretary of State's building.
[16:05.000 --> 16:07.000]  Okay.
[16:07.000 --> 16:13.000]  The DPS sergeant down there, he couldn't handle me.
[16:13.000 --> 16:20.000]  He lost his cool, grabbed me and smashed my face into the building and cracked one of my teeth.
[16:20.000 --> 16:23.000]  Eventually I had to have it removed.
[16:23.000 --> 16:28.000]  Then they charged me to cover up what he did.
[16:28.000 --> 16:32.000]  But they dropped the case.
[16:32.000 --> 16:35.000]  They didn't charge me. They let me out without charging me.
[16:35.000 --> 16:44.000]  But when I started filing information requests, then they come up with a charge, had me arrested again, but I got it thrown out.
[16:44.000 --> 16:48.000]  It had nothing to do with the case.
[16:48.000 --> 16:51.000]  It had to do with protecting my lawyer from me.
[16:51.000 --> 16:54.000]  You've got to get in those relationships.
[16:54.000 --> 16:57.000]  Once you can pry apart your relationships, then you might win.
[16:57.000 --> 17:00.000]  We'll be right back.
[17:00.000 --> 17:04.000]  Through advances in technology, our lives have greatly improved.
[17:04.000 --> 17:06.000]  Except in the area of nutrition.
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[19:11.000 --> 19:39.000]  Music
[19:39.000 --> 19:44.000]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Mark in Texas.
[19:44.000 --> 19:51.000]  And while we were talking, I got a number of emails from Jeff in Maryland.
[19:51.000 --> 19:58.000]  And he echoed, uh, jurisdiction must be proven on the record.
[19:58.000 --> 20:02.000]  Statements of counsels don't count.
[20:02.000 --> 20:10.000]  He says, don't cut it. And he's actually referring to case law. The case law is real clear on that.
[20:10.000 --> 20:12.000]  Once it's challenged, it must be proven.
[20:12.000 --> 20:17.000]  And the nice thing about such a matter of jurisdiction, it can be challenged at any time, no matter how remote in history.
[20:17.000 --> 20:35.000]  So, as to your case, you don't have to worry about any time limit, essentially on this, uh, on the writ of mandamus.
[20:35.000 --> 20:38.000]  That's my story, and I'm sticking to it.
[20:38.000 --> 20:42.000]  Oh, I'm listening to you so clearly.
[20:42.000 --> 20:48.000]  Um, when you guys first mentioned subject matter jurisdiction, I started looking for case law, and it drove me nuts for a while.
[20:48.000 --> 20:54.000]  And I've gradually, I've learned a hell of a lot from this. It's been, it's been very valuable.
[20:54.000 --> 21:00.000]  So, uh, here's what I'm thinking. I want to ask you if you think I'm crazy about anything here.
[21:00.000 --> 21:08.000]  Um, I have 90 days from the time the judgment is issued, so that's June 22nd.
[21:08.000 --> 21:17.000]  I've got 90 days from that time to make a motion to reopen the case, and I might possibly do that.
[21:17.000 --> 21:24.000]  Um, I have basically, as far as the writ of mandamus is concerned, I don't think I have a statute of limitations on that.
[21:24.000 --> 21:29.000]  Avoid judgment is avoid judgment, and it's not enforceable, et cetera.
[21:29.000 --> 21:34.000]  And I've read in a lot of cases law says avoid judgments can be attacked, uh, collaterally.
[21:34.000 --> 21:41.000]  Um, so I wonder if it might be a good idea to get a quiet title action moving.
[21:41.000 --> 21:50.000]  The attorney that I'm talking to that I like, I was hoping that might, you know, help me gain some ground that I didn't gain on my own.
[21:50.000 --> 21:53.000]  I mean, I'm going to do it on my own if I have to.
[21:53.000 --> 21:59.000]  But, uh, the guy that I'm talking to was talking about trying to make a motion to reopen the case, that it'd be a long shot.
[21:59.000 --> 22:06.000]  It doesn't quite get the writ of mandamus just yet, but I think if I share with him what you just shared, and I share a few things with case law,
[22:06.000 --> 22:09.000]  I have a guy who's smart. He just doesn't know how to do it.
[22:09.000 --> 22:13.000]  And I can get, he's going to be able to get there faster than I can.
[22:13.000 --> 22:17.000]  So I'm going to try to suggest this would be the best way to go.
[22:17.000 --> 22:27.000]  And perhaps we need to file a quiet title move and attack Merge or attack the servicer in this case, because neither of them had capacity to do anything.
[22:27.000 --> 22:35.000]  And the lender in my case, which they're saying on the corporate assignment, actually would have been the one to have standing to make the assignment.
[22:35.000 --> 22:40.000]  They were out of business in 2008. So here we are.
[22:40.000 --> 22:43.000]  But, uh, is that...
[22:43.000 --> 22:47.000]  If you go to those arguments, you're presupposing jurisdiction.
[22:47.000 --> 22:49.000]  Ah, okay.
[22:49.000 --> 23:00.000]  Well, you can argue those. You know, we have some people say that if you don't raise jurisdiction, you give the court jurisdiction.
[23:00.000 --> 23:02.000]  No, you don't.
[23:02.000 --> 23:07.000]  They're saying if you answer, if you're sued and you answer, you give the court jurisdiction.
[23:07.000 --> 23:10.000]  No, you don't.
[23:10.000 --> 23:16.000]  If the court did not have jurisdiction at the outset,
[23:16.000 --> 23:23.000]  there is nothing you as a defendant can do to give that court jurisdiction.
[23:23.000 --> 23:29.000]  In personum, perhaps, that can be waived by not challenging it.
[23:29.000 --> 23:34.000]  But subject matter, subject matter jurisdiction can never be waived.
[23:34.000 --> 23:40.000]  If the court did not have jurisdiction at the outset, it never gains jurisdiction.
[23:40.000 --> 23:44.000]  You should really sue these lawyers.
[23:44.000 --> 23:48.000]  Oh, I'm going to see if I can have some fun with it.
[23:48.000 --> 23:55.000]  I really think, honestly, on this, there are treatises on subject matter jurisdiction at the UT Law Library,
[23:55.000 --> 23:57.000]  and I've definitely read what you sent me.
[23:57.000 --> 24:00.000]  I just didn't find much in the other state.
[24:00.000 --> 24:04.000]  I honestly think maybe they thought they have jurisdiction.
[24:04.000 --> 24:09.000]  Maybe the judge thought he's got jurisdiction over the subject, over the subject of foreclosure,
[24:09.000 --> 24:14.000]  not thinking about my matter itself and what it actually says on that complaint.
[24:14.000 --> 24:19.000]  In the writ of mandamus that was issued against him previously,
[24:19.000 --> 24:22.000]  it actually even notes, it's kind of a crazy thing,
[24:22.000 --> 24:26.000]  but it notes that he was moved from one court to another,
[24:26.000 --> 24:33.000]  and he had to all of a sudden take on civil cases because the other judge had made a statement
[24:33.000 --> 24:39.000]  that he should have made about a celebrity's adopted child,
[24:39.000 --> 24:43.000]  and he was absolutely booted out of office immediately.
[24:43.000 --> 24:47.000]  He's in jail now, but anyway, crazy thing.
[24:47.000 --> 24:52.000]  Ooh, that must have been a serious statement.
[24:52.000 --> 24:54.000]  It was a very serious statement.
[24:54.000 --> 24:59.000]  I don't know that I need to tell you that on the air, but if you want, I'll send you a note.
[24:59.000 --> 25:04.000]  No, it would probably annoy me if I heard it.
[25:04.000 --> 25:12.000]  What I did want to go back to is while the judge may have subject matter jurisdiction
[25:12.000 --> 25:23.000]  over this type of matter, the argument here is that the plaintiff lacks capacity
[25:23.000 --> 25:27.000]  to invoke that subject matter jurisdiction.
[25:27.000 --> 25:35.000]  It could be that the judge didn't understand what the claim was,
[25:35.000 --> 25:41.000]  that obviously he has subject matter jurisdiction over this kind of case in this venue.
[25:41.000 --> 25:48.000]  Okay, he has the capacity to exercise subject matter jurisdiction,
[25:48.000 --> 25:54.000]  but only if the plaintiff has the capacity to invoke that subject matter jurisdiction,
[25:54.000 --> 25:59.000]  and that's what was lacking.
[25:59.000 --> 26:01.000]  So the original complaint's flawed.
[26:01.000 --> 26:04.000]  I'm going to find case law relative to that.
[26:04.000 --> 26:07.000]  And you can't fix it.
[26:07.000 --> 26:09.000]  You can't fix it.
[26:09.000 --> 26:15.000]  If a petition is filed and it's insufficient to invoke subject matter jurisdiction in the court,
[26:15.000 --> 26:18.000]  it cannot be fixed.
[26:18.000 --> 26:22.000]  It must be dismissed and refiled.
[26:22.000 --> 26:27.000]  If they left something out, the established jurisdiction, they can't fix this one.
[26:27.000 --> 26:31.000]  They have to toss it and start a new one.
[26:31.000 --> 26:36.000]  And the problem is these are even further outside limitations now.
[26:36.000 --> 26:37.000]  Exactly.
[26:37.000 --> 26:41.000]  Now, no matter what they would argue, they're dead in the water.
[26:41.000 --> 26:46.000]  I was already looking at that because in their petition to reopen the case,
[26:46.000 --> 26:49.000]  they didn't have a prima facie valid cause of action.
[26:49.000 --> 26:51.000]  I put it in my last motion.
[26:51.000 --> 26:53.000]  The judge didn't care.
[26:53.000 --> 26:56.000]  I've heard many people say you don't tell the judge they're wrong,
[26:56.000 --> 27:00.000]  but there is a way and there is a time and you've got to do it.
[27:00.000 --> 27:05.000]  And in my case, the beauty of it, if I motion to reopen this case with the same judge
[27:05.000 --> 27:10.000]  who doesn't know something or who doesn't care about the law or me, little old me,
[27:10.000 --> 27:13.000]  I'm just basically wasting my time.
[27:13.000 --> 27:18.000]  And I think what I'll do is prep a writ.
[27:18.000 --> 27:25.000]  In Arkansas, is it a requirement that you make a motion for new trial prior to appeal?
[27:25.000 --> 27:33.000]  In Texas, you have to request a new trial in order to effect your right to appeal.
[27:33.000 --> 27:35.000]  I don't know.
[27:35.000 --> 27:37.000]  I don't think so.
[27:37.000 --> 27:44.000]  What I do know is that I would have had to have made a motion to or filed an appeal
[27:44.000 --> 27:52.000]  or I don't remember the term, but a notice of intent to appeal within 30 days of the judgment.
[27:52.000 --> 27:58.000]  And what I had thought and hoped was that since I've got 90 days to make a motion to reopen the case,
[27:58.000 --> 28:02.000]  I might try that if I've got no other choice.
[28:02.000 --> 28:09.000]  And then 30 days later, I've got another motion to appeal that motion that I made.
[28:09.000 --> 28:14.000]  The most recent action in the case is the only one you can appeal.
[28:14.000 --> 28:19.000]  And I figured if I put enough information in my motion to reopen for the same grounds
[28:19.000 --> 28:24.000]  that I've always argued, then I would be in a situation where on appeal,
[28:24.000 --> 28:27.000]  I'd probably have a good opportunity to win.
[28:27.000 --> 28:33.000]  Well, it's unclear and I've wrestled with was just exactly what you just clarified for me.
[28:33.000 --> 28:37.000]  This original petition, you would think that a professional ought to be able to come up
[28:37.000 --> 28:43.000]  with a petition that's worthy of being in front of the court and taking the taxpayers' time and money.
[28:43.000 --> 28:49.000]  But apparently, that's not what they do when they're dastardly evil debt collectors
[28:49.000 --> 28:54.000]  and they're trying to use the courts to collect money for criminals.
[28:54.000 --> 28:58.000]  A great quote from the former Hawaiian governor on that and I loved it.
[28:58.000 --> 29:04.000]  I put it in my motion just for fun.
[29:04.000 --> 29:07.000]  I've heard you say and I understood it.
[29:07.000 --> 29:11.000]  As pros say, you're able to do a lot of things that lawyers can't do
[29:11.000 --> 29:13.000]  and sometimes they'll forgive you for that.
[29:13.000 --> 29:17.000]  So I just had some fun.
[29:17.000 --> 29:21.000]  Those are some of the things you can do.
[29:21.000 --> 29:29.000]  Okay, but I'm going to suggest that you never let go of subject matter jurisdiction
[29:29.000 --> 29:39.000]  and you need to adjudicate the other issues but you might look at the Remandamus.
[29:39.000 --> 29:40.000]  Yeah, I'll be on it.
[29:40.000 --> 29:44.000]  I promise and I'll call you back next week if I've got any other issues.
[29:44.000 --> 29:45.000]  But thank you very much.
[29:45.000 --> 29:46.000]  Okay.
[29:46.000 --> 29:47.000]  Thank you, Mark.
[29:47.000 --> 29:49.000]  Randy Kelton, Rule of Law Radio.
[29:49.000 --> 29:52.000]  I call in number 512-646-1984.
[29:52.000 --> 30:00.000]  Carlos Rodgers-Shang, we'll see you there, we'll get to you when we come back.
[30:00.000 --> 30:05.000]  Quick, clench your fists.
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[33:25.000 --> 33:38.000]  Okay, we are back in Kelton, Rululaw Radio, and we're going to Cardos in California.
[33:38.000 --> 33:40.000]  Hello, Mr. Cardos.
[33:40.000 --> 33:44.000]  How are you? Good evening. How are you doing?
[33:44.000 --> 33:47.000]  It has been a long time.
[33:47.000 --> 33:50.000]  Yes, sir. Yes, sir. It has been a long time.
[33:50.000 --> 33:58.000]  I'm in the background once in a while on the show, but I only have a real question until now.
[33:58.000 --> 34:02.000]  Okay, let's start and I'll make it quick.
[34:02.000 --> 34:07.000]  I was foreclosed in 2010, which is fine.
[34:07.000 --> 34:13.000]  I went to trial and I got railroaded and I got evicted out of the house,
[34:13.000 --> 34:16.000]  and it's been already five years, okay?
[34:16.000 --> 34:24.000]  Now that I sold a property, I am acting as a trustee for the trust.
[34:24.000 --> 34:29.000]  My name showed up that I have a lien on my social security number,
[34:29.000 --> 34:35.000]  and the lien comes from the foreclosing attorney from Wells Fargo.
[34:35.000 --> 34:38.000]  That was Wells Fargo versus me.
[34:38.000 --> 34:40.000]  Now, my question is this.
[34:40.000 --> 34:50.000]  Why do I have to pay the foreclosing attorney for all the time that I did not evict the house,
[34:50.000 --> 34:55.000]  all the time that I remain in the house, $113 daily for three months?
[34:55.000 --> 34:57.000]  Why would I have to pay that attorney?
[34:57.000 --> 34:59.000]  Because he filed a lien on me.
[34:59.000 --> 35:02.000]  So I have to pay him because I'm...
[35:02.000 --> 35:05.000]  Wait a minute. Where was the lien granted?
[35:05.000 --> 35:09.000]  Where was the claim granted?
[35:09.000 --> 35:12.000]  Well, that was...
[35:12.000 --> 35:18.000]  Were they foreclosed on the Superior Court?
[35:18.000 --> 35:20.000]  What was the order in Superior Court?
[35:20.000 --> 35:25.000]  Did it include a deficiency judgment?
[35:25.000 --> 35:28.000]  Yeah, it did include...
[35:28.000 --> 35:35.000]  I went through the transcript and I read the transcript because I took my own sonographer,
[35:35.000 --> 35:39.000]  and I read the transcript and that's...
[35:39.000 --> 35:46.000]  I read when the attorney says it's $113 daily at the time of the trial,
[35:46.000 --> 35:48.000]  my unlawfully detained trial,
[35:48.000 --> 35:56.000]  and she says $130 daily for 90 days and plus 300-something for the attorney for foreclosing,
[35:56.000 --> 35:58.000]  for bringing them for closure.
[35:58.000 --> 36:06.000]  Now, when the escrow company, I told them, that's fine. I'll deal with it later.
[36:06.000 --> 36:15.000]  Send the money to Wells Fargo because Wells Fargo used to own the property that I had, obviously, right?
[36:15.000 --> 36:17.000]  So my question is this.
[36:17.000 --> 36:22.000]  Why would I have to pay the attorney for the time that I did not pay
[36:22.000 --> 36:30.000]  or the time that I remain in the property when the Wells Fargo took over the property?
[36:30.000 --> 36:39.000]  You would only have to pay that if there was a court order ordering you to pay it.
[36:39.000 --> 36:45.000]  That's why I'm wondering what was the decision of the court?
[36:45.000 --> 36:52.000]  Okay. Well, it's been so long. I'm going to go Monday and pull up the records.
[36:52.000 --> 36:56.000]  I'm going to bet it's not in there.
[36:56.000 --> 36:59.000]  Yeah, that's what I told my wife.
[36:59.000 --> 37:05.000]  But you know, Randy, I didn't have no other choice. I had to close the deal.
[37:05.000 --> 37:12.000]  So I closed it and I said I'll deal with it later, and if I'm right, I'll just sue the attorney.
[37:12.000 --> 37:21.000]  Yes, exactly. Because, you know, attorneys know that most people don't have a clue.
[37:21.000 --> 37:26.000]  And they can steal from people and they never know how to object to it.
[37:26.000 --> 37:34.000]  Every once in a while, they come across the pro se from hell, and that's just the cost of doing business.
[37:34.000 --> 37:38.000]  So we work at helping people be the cost of doing business.
[37:38.000 --> 37:43.000]  And I would certainly want to see what is in that order.
[37:43.000 --> 37:48.000]  And not just that attorney fees are included.
[37:48.000 --> 37:53.000]  The order has to stipulate precisely what they are.
[37:53.000 --> 37:57.000]  And I've never seen that in an order.
[37:57.000 --> 38:02.000]  I have seen in an order attorney fees for X amount of dollars,
[38:02.000 --> 38:07.000]  but not a hundred and something a day for some period of time.
[38:07.000 --> 38:19.000]  Right. I called the foreclosure department on Wells Fargo, and they couldn't find it in their records.
[38:19.000 --> 38:27.000]  I told them, look, you're foreclosing an attorney, Kathleen, on my social security number.
[38:27.000 --> 38:29.000]  I have to close it properly.
[38:29.000 --> 38:37.000]  And she wants $10,000 plus $5,000 for penalty.
[38:37.000 --> 38:41.000]  And I said, if I owe it to Wells Fargo, I'll just pay it and get it over with.
[38:41.000 --> 38:43.000]  She says, we don't have any record of that.
[38:43.000 --> 38:48.000]  And she was like kind of hiding things from me, not telling me everything.
[38:48.000 --> 38:55.000]  So I told her, why don't you call the attorney right now and we'll do a three-way.
[38:55.000 --> 39:00.000]  We'll do a three-way, but I wanted to do a three-way and ask her why I have to pay the attorney.
[39:00.000 --> 39:02.000]  That was Fargo, the attorney.
[39:02.000 --> 39:04.000]  The money went to the attorney.
[39:04.000 --> 39:07.000]  The attorney did not own that property.
[39:07.000 --> 39:10.000]  So I told her, so did you pay the attorney?
[39:10.000 --> 39:11.000]  She says, of course we paid the attorney.
[39:11.000 --> 39:13.000]  Well, that means he's double dipping.
[39:13.000 --> 39:19.000]  You paid him to kick me out of the house, and you paid him.
[39:19.000 --> 39:27.000]  And now I have to pay him for the time that I remain in the property, so he's getting double paid.
[39:27.000 --> 39:38.000]  So what I'm going to do, I'm going to take your advice, go to the – get those records out and see what's right on the –
[39:38.000 --> 39:42.000]  like you said, I'm almost sure it's not stipulated in there.
[39:42.000 --> 39:45.000]  Yes, it has to be in the order.
[39:45.000 --> 39:50.000]  Now, while you're talking, I'm getting some emails from Jeff.
[39:50.000 --> 39:53.000]  He wants to get in contact with you.
[39:53.000 --> 39:58.000]  He's obviously got some information on these issues.
[39:58.000 --> 40:04.000]  So if you would send me an email, I'll forward it to Jeff so he can contact you.
[40:04.000 --> 40:05.000]  Okay.
[40:05.000 --> 40:06.000]  But –
[40:06.000 --> 40:08.000]  Which email would I send you?
[40:08.000 --> 40:12.000]  Randy@ruleoflawradio.com.
[40:12.000 --> 40:13.000]  Okay.
[40:13.000 --> 40:21.000]  I was thinking, if this lawyer did that to you, it's a very good chance he's doing that to a lot of other people.
[40:21.000 --> 40:30.000]  Are you familiar with the concept of a private attorney general suit?
[40:30.000 --> 40:44.000]  A private attorney general suit is – say you get a ticket and they do something improper in the prosecution of the ticket.
[40:44.000 --> 40:47.000]  But it's something that appears to be a matter of policy.
[40:47.000 --> 40:54.000]  A ticket is not enough to make it worth your while to go to court and sue them over.
[40:54.000 --> 40:59.000]  So the vast majority of the people who just pay whatever it is and go back to their life.
[40:59.000 --> 41:06.000]  Well, if you think this is an injustice and you want to fix it, you can file a private attorney general suit.
[41:06.000 --> 41:17.000]  In this capacity, you are acting in your own capacity and for all others similarly situated.
[41:17.000 --> 41:24.000]  So you could sue the city for not only what they collected from you, but what they collected from everybody else.
[41:24.000 --> 41:31.000]  When you were talking, I was thinking, I'm betting this lawyer is pulling that on everybody.
[41:31.000 --> 41:35.000]  He's collecting a lot of money he has no right to.
[41:35.000 --> 41:47.000]  If you can find that that's the case, you may be able to file a private attorney general suit and get him to give you your house back.
[41:47.000 --> 41:54.000]  Okay, hang on. I got someone on the guest bridge that wants to talk to you.
[41:54.000 --> 41:57.000]  Jeff, this is Carlos.
[41:57.000 --> 42:03.000]  Carlos, I have not heard your voice on Randy's show and I guess it's been two years.
[42:03.000 --> 42:05.000]  Yes, I know. How you been, Jeff?
[42:05.000 --> 42:07.000]  I've been okay.
[42:07.000 --> 42:16.000]  Did this lawyer file this claim on behalf of himself or Wells Fargo?
[42:16.000 --> 42:26.000]  Well, he filed it for Wells Fargo, but when I told the escrow company,
[42:26.000 --> 42:32.000]  okay, go ahead and make that check to Wells Fargo, he says, no, we have to make it to the attorney.
[42:32.000 --> 42:34.000]  So the attorneys filed it.
[42:34.000 --> 42:39.000]  No, actually they don't. They have to make it to Wells Fargo.
[42:39.000 --> 42:41.000]  Well, they already made it.
[42:41.000 --> 42:51.000]  It's not your duty, nor is it the escrow company's duty to act as a debt collector for the attorney.
[42:51.000 --> 42:55.000]  So now you have a cause of action against the escrow company.
[42:55.000 --> 42:58.000]  Right. That's what I was thinking also.
[42:58.000 --> 43:00.000]  Say again?
[43:00.000 --> 43:03.000]  That's what I was thinking also.
[43:03.000 --> 43:08.000]  And you may actually have a cause of action against the attorney as well.
[43:08.000 --> 43:12.000]  Well, I hope I have a cause of action against the attorney.
[43:12.000 --> 43:13.000]  Okay.
[43:13.000 --> 43:15.000]  I am betting that this is...
[43:15.000 --> 43:25.000]  What the court ruling is on that and what the court reckons on that,
[43:25.000 --> 43:31.000]  because if it's actually a non-existent debt,
[43:31.000 --> 43:38.000]  that's Rico has seen through the eyes of extortion, 18 U.S.A. 1962.
[43:38.000 --> 43:40.000]  Right. That's what I was thinking.
[43:40.000 --> 43:44.000]  Okay, Randy, I'll get back to you on Wesley. Thank you, Jeff.
[43:44.000 --> 43:45.000]  You're welcome.
[43:45.000 --> 43:46.000]  Thank you.
[43:46.000 --> 44:01.000]  Thank you, Randy.
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[45:33.000 --> 45:37.000]  It's a case-winning experience. Even if you're not in a lawsuit,
[45:37.000 --> 45:41.000]  you can learn what everyone should understand about the principles
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[46:21.000 --> 46:23.000]  Okay, we are back.
[46:23.000 --> 46:29.000]  Randy Kelton, Rule of Law Radio, and we're going to Roger in Arizona.
[46:29.000 --> 46:32.000]  Hello, Roger. You called in last night,
[46:32.000 --> 46:35.000]  and we didn't have enough time for you.
[46:35.000 --> 46:39.000]  I'm sorry you had to wait so long, but you didn't call until 9.
[46:39.000 --> 46:42.000]  We already had a bunch of calls stacked up.
[46:42.000 --> 46:46.000]  Okay, Roger. Hold on. Let me unmute you.
[46:46.000 --> 46:52.000]  Okay, let's start its beginning.
[46:52.000 --> 46:56.000]  Well, I was the one who was taken to a mental ward
[46:56.000 --> 47:01.000]  because of my online writings critical of the local community college,
[47:01.000 --> 47:07.000]  and you were starting to talk about how you can do a hearing
[47:07.000 --> 47:11.000]  on the psychiatrist and such when there was no basis
[47:11.000 --> 47:14.000]  to the allegations for taking me in.
[47:14.000 --> 47:22.000]  Yes, and I'm wondering who got that done to start with.
[47:22.000 --> 47:27.000]  Was there an action filed against you?
[47:27.000 --> 47:32.000]  The college, as I told you, referred it to the local police department
[47:32.000 --> 47:36.000]  because they have a mental health unit.
[47:36.000 --> 47:43.000]  Did the college file a complaint against you?
[47:43.000 --> 47:47.000]  You know, not in court, but they just called the police department,
[47:47.000 --> 47:52.000]  got everything going.
[47:52.000 --> 47:56.000]  This is disturbing.
[47:56.000 --> 48:02.000]  What I'm wondering is how the police department got jurisdiction
[48:02.000 --> 48:06.000]  to arrest your freedom of movement.
[48:06.000 --> 48:09.000]  In Arizona, we have something called Title 36
[48:09.000 --> 48:20.000]  where authorities can commit someone just with a pretty simple allegation.
[48:20.000 --> 48:31.000]  Did you do some research into what it took to establish a sufficient allegation?
[48:31.000 --> 48:39.000]  I did look once and I know that my case didn't meet the statute,
[48:39.000 --> 48:43.000]  but I've called every civil rights lawyer around here
[48:43.000 --> 48:46.000]  and no one was interested in my case.
[48:46.000 --> 48:47.000]  You know how it is.
[48:47.000 --> 48:49.000]  You leave a message with the lawyer's secretary
[48:49.000 --> 48:51.000]  and then nobody ever calls you back.
[48:51.000 --> 48:55.000]  So probably if I could use any good advice or be more on that end,
[48:55.000 --> 49:01.000]  how I can get a complaint going.
[49:01.000 --> 49:04.000]  It's very hard to get lawyers.
[49:04.000 --> 49:07.000]  If you don't have a lot of money, they don't want to talk to you,
[49:07.000 --> 49:12.000]  and if you have an unusual case, they especially don't want to talk to you
[49:12.000 --> 49:19.000]  because lawyers, they only want to do what they do over and over and over.
[49:19.000 --> 49:23.000]  Lawyers are terrified of sanctions.
[49:23.000 --> 49:27.000]  They're terrified of missing something or making a mistake
[49:27.000 --> 49:30.000]  because they're learning counsel.
[49:30.000 --> 49:32.000]  You can miss something or make a mistake.
[49:32.000 --> 49:36.000]  You're not learning counsel, but they are, and they can be sanctioned.
[49:36.000 --> 49:42.000]  So they tend to specialize so that they do exactly the same thing over and over,
[49:42.000 --> 49:44.000]  and they don't have to do any legal research.
[49:44.000 --> 49:48.000]  They hate doing legal research, not because they don't like to research,
[49:48.000 --> 49:53.000]  but for the most part because they're always afraid they've missed something.
[49:53.000 --> 49:56.000]  They're always afraid they've misargued a point,
[49:56.000 --> 50:01.000]  and either one of those can get them sanctioned big time.
[50:01.000 --> 50:06.000]  So you go to a lawyer with something he hasn't done,
[50:06.000 --> 50:11.000]  that's the last place he wants to go.
[50:11.000 --> 50:16.000]  Primarily, if you're going to do this issue, you have to do the homework yourself.
[50:16.000 --> 50:24.000]  If you're going to college, this would be a good exercise in jurisprudence.
[50:24.000 --> 50:30.000]  Somewhere you're going to have case law that establishes what it takes
[50:30.000 --> 50:35.000]  to get someone incarcerated for a psych evaluation,
[50:35.000 --> 50:44.000]  because if you went to the police and said, I think that these students are nuts,
[50:44.000 --> 50:48.000]  I want you to incarcerate them for a psych eval.
[50:48.000 --> 50:51.000]  That's not going to happen.
[50:51.000 --> 51:01.000]  What does the police have to have in New York in order to strip somebody
[51:01.000 --> 51:07.000]  out of their orderly life and force them to submit to a psychological evaluation?
[51:07.000 --> 51:09.000]  You know this has marked you for life.
[51:09.000 --> 51:13.000]  It will always be on your record.
[51:13.000 --> 51:17.000]  Well, here in Arizona, actually, they claim that it's hard to get
[51:17.000 --> 51:20.000]  mental health proceeding records.
[51:20.000 --> 51:24.000]  I don't know why it would be, because if it's a court record,
[51:24.000 --> 51:25.000]  it's through your court.
[51:25.000 --> 51:27.000]  It may be hard for you to get.
[51:27.000 --> 51:34.000]  It's certainly not hard for law enforcement or lawyers or prosecutors to get.
[51:34.000 --> 51:37.000]  Sure.
[51:37.000 --> 51:42.000]  Fortunately, I was released without any court mandated treatment
[51:42.000 --> 51:45.000]  because there was no basis to the allegations,
[51:45.000 --> 51:51.000]  but of course it would limit my professional certification ability for careers,
[51:51.000 --> 51:54.000]  and I'm sure that was part of the plan.
[51:54.000 --> 51:58.000]  The college likes to retaliate against people.
[51:58.000 --> 52:01.000]  That should get a lawsuit.
[52:01.000 --> 52:02.000]  Yeah.
[52:02.000 --> 52:05.000]  Well, I have sued them in Superior Court on a different issue,
[52:05.000 --> 52:07.000]  and that is progressing.
[52:07.000 --> 52:15.000]  But the one we're talking about here of kidnapping and such would be a federal court,
[52:15.000 --> 52:20.000]  and I'm thinking that would be perhaps complex for an individual to file,
[52:20.000 --> 52:23.000]  but how hard is it?
[52:23.000 --> 52:30.000]  It would be complex because the university can use the university's funds.
[52:30.000 --> 52:34.000]  They've got pretty deep pockets to fight you with.
[52:34.000 --> 52:44.000]  However, you have a good case here, especially if you had already sued them.
[52:44.000 --> 52:49.000]  My lawsuit is currently going on because, as I said last night,
[52:49.000 --> 52:55.000]  it's been 29 months since they've breached the contract we had,
[52:55.000 --> 52:58.000]  and they won't let me finish my post bachelor online program.
[52:58.000 --> 53:02.000]  It's all, again, about speech issues there.
[53:02.000 --> 53:04.000]  I've got instructors who admit it.
[53:04.000 --> 53:09.000]  They didn't like me including religion in my assignments.
[53:09.000 --> 53:18.000]  I was an open Christian at the school, and that didn't go very well, as you can imagine.
[53:18.000 --> 53:23.000]  No, I'm surprised that that would be an issue in these days and times,
[53:23.000 --> 53:30.000]  but that's even more, religious persecution, First Amendment right, denial.
[53:30.000 --> 53:33.000]  You've got lots of stuff to throw at them.
[53:33.000 --> 53:38.000]  I'm just going basically on freedom of speech retaliation and due process.
[53:38.000 --> 53:46.000]  They didn't conduct all the hearings adequately at all either.
[53:46.000 --> 53:51.000]  Okay, so what are your plans here?
[53:51.000 --> 53:57.000]  Well, what I was starting to talk to you last night about was,
[53:57.000 --> 54:04.000]  in the civil suit that I have going, I am in a preliminary injunction hearing.
[54:04.000 --> 54:12.000]  It's continued, but I was trying to be careful about specifying the correct causes of action
[54:12.000 --> 54:18.000]  in my original complaint, so I want to ask the lead of court to amend that
[54:18.000 --> 54:23.000]  and the motion for the preliminary injunction for that.
[54:23.000 --> 54:26.000]  I can have all my dumps in a row when I do.
[54:26.000 --> 54:28.000]  Hold on, let's come up to speed.
[54:28.000 --> 54:29.000]  You filed the original petition.
[54:29.000 --> 54:33.000]  Did the other side file a motion to dismiss for failure of state of claim?
[54:33.000 --> 54:37.000]  No, no, they answered it.
[54:37.000 --> 54:39.000]  Oh.
[54:39.000 --> 54:47.000]  And I made a motion for an ex parte temporary restraining order,
[54:47.000 --> 54:52.000]  and that was at the same time that the school did the retaliation,
[54:52.000 --> 55:00.000]  where they nabbed me two days after I put that in and got the judge to deny it.
[55:00.000 --> 55:03.000]  And then once it was denied, they came and picked me up.
[55:03.000 --> 55:11.000]  And the preliminary injunction is, of course, asking for the same things
[55:11.000 --> 55:17.000]  in the temporary restraining order, but that hasn't yet been conducted fully.
[55:17.000 --> 55:19.000]  Right.
[55:19.000 --> 55:29.000]  Jim, if you filed it, okay, they denied the temporary restraining order.
[55:29.000 --> 55:34.000]  Did they set a hearing for the preliminary injunction?
[55:34.000 --> 55:38.000]  Yes, and so we had it for one hour.
[55:38.000 --> 55:41.000]  That wasn't enough time, and so it was continued.
[55:41.000 --> 55:43.000]  And then I asked for even a longer continuous
[55:43.000 --> 55:46.000]  just because I didn't want the judge to say,
[55:46.000 --> 55:49.000]  the defendant's attorney is right here,
[55:49.000 --> 55:54.000]  you didn't specify your cause of action in every little regard.
[55:54.000 --> 55:57.000]  I don't know if it was necessary or not, but...
[55:57.000 --> 56:00.000]  No, no, no, he can't do that.
[56:00.000 --> 56:07.000]  That would be a suesponte act on part of the judge to dismiss your case without a challenge.
[56:07.000 --> 56:17.000]  If your case failed to state a claim, the defendant would have to have pled that.
[56:17.000 --> 56:20.000]  It's not the place of the judge to make that determination.
[56:20.000 --> 56:23.000]  Well, they did, and there are some expenses, I'm sure, to protect themselves.
[56:23.000 --> 56:32.000]  But in my preliminary injunction motion, also, I wanted to make sure I had all the right language.
[56:32.000 --> 56:37.000]  So I wanted to get a lawyer to review it so that the judge can't say,
[56:37.000 --> 56:39.000]  hey, your motion here wasn't even complete.
[56:39.000 --> 56:42.000]  I don't know if it probably wasn't necessary,
[56:42.000 --> 56:47.000]  but I'm scared at this point that the judge will just say, I'm not going to do anything.
[56:47.000 --> 56:48.000]  Okay, okay.
[56:48.000 --> 56:50.000]  There's something you have to understand.
[56:50.000 --> 56:53.000]  Don't worry about the judge.
[56:53.000 --> 57:01.000]  Your only purpose in the trial court is to set the record for appeal.
[57:01.000 --> 57:02.000]  Right.
[57:02.000 --> 57:05.000]  Never expect to win in the trial court.
[57:05.000 --> 57:10.000]  That's not to say you can't win in the trial court, but never expect to.
[57:10.000 --> 57:11.000]  Right.
[57:11.000 --> 57:17.000]  If you go in from the perspective of your only purpose is to set the record for appeal,
[57:17.000 --> 57:22.000]  to get your evidence on the record and to get the law before the court,
[57:22.000 --> 57:26.000]  then you don't worry so much about what the judge does.
[57:26.000 --> 57:31.000]  And I don't know how long that process takes either.
[57:31.000 --> 57:35.000]  A couple years.
[57:35.000 --> 57:40.000]  Because there's so many delays, so many ways of delaying these things.
[57:40.000 --> 57:44.000]  They can hold it in court for a long time.
[57:44.000 --> 57:50.000]  But having you arrested, that adds a big deal.
[57:50.000 --> 58:00.000]  Do you know who initiated the complaint against you?
[58:00.000 --> 58:02.000]  That was a question.
[58:02.000 --> 58:03.000]  Oh, I didn't hear it.
[58:03.000 --> 58:04.000]  What?
[58:04.000 --> 58:06.000]  Oh, do you know who initiated the complaint against you?
[58:06.000 --> 58:07.000]  Well, hang on now.
[58:07.000 --> 58:10.000]  We're back to go to break.
[58:10.000 --> 58:11.000]  We'll pick this up on the other side.
[58:11.000 --> 58:14.000]  This is Randy Kelton, Rule of Law Radio.
[58:14.000 --> 58:18.000]  Our college number, 512-646-1984.
[58:18.000 --> 58:22.000]  We're going to the top of the yellow break, so while we're on break,
[58:22.000 --> 58:27.000]  go to LogosRadioNetwork.com and visit some of our sponsors
[58:27.000 --> 58:32.000]  and help support this network so we can keep it on the air.
[58:32.000 --> 58:50.000]  We'll be right back.
[59:02.000 --> 59:29.000]  We'll be right back.
[59:29.000 --> 59:57.000]  You're listening to the Logos Radio Network at LogosRadioNetwork.com.
[01:00:00.000 --> 01:00:05.000]  The following news flash is brought to you by the Lone Star Lowdown,
[01:00:05.000 --> 01:00:08.000]  providing the jelly bulletins for the commodities market.
[01:00:08.000 --> 01:00:21.000]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:21.000 --> 01:00:27.000]  Markets for the 31st of July, 2015, opened up with gold at $1,094.65 an ounce,
[01:00:27.000 --> 01:00:32.000]  silver $14.72 an ounce, Texas crude $48.52 a barrel,
[01:00:32.000 --> 01:00:42.000]  and Bitcoin is currently sitting at about $285 U.S. currency.
[01:00:42.000 --> 01:00:47.000]  Today in history, Saturday, July 31, 1999, the Lunar Prospector Drone,
[01:00:47.000 --> 01:00:50.000]  part of NASA's Discovery Program, comes to a crashing end.
[01:00:50.000 --> 01:00:55.000]  The 19th-month-long mission was designed for a low polar orbital analysis of the Moon,
[01:00:55.000 --> 01:00:59.000]  including mapping of the surface and detection of possible polar ice deposits,
[01:00:59.000 --> 01:01:04.000]  measurements in the magnetic and gravitational field, and the study of lunar outgassing.
[01:01:04.000 --> 01:01:07.000]  The orbiter was deliberately crashed into a crater near the South Pole
[01:01:07.000 --> 01:01:14.000]  after the presence of water ice was successfully detected.
[01:01:14.000 --> 01:01:18.000]  In recent news, Facebook is planning on using solar-powered drones
[01:01:18.000 --> 01:01:22.000]  with wingspans comparable to a Boeing 737, crisscrossing the planet
[01:01:22.000 --> 01:01:25.000]  for providing roughly 4 billion people across the world with Internet.
[01:01:25.000 --> 01:01:28.000]  Facebook announced yesterday that its first drone, the Aquila,
[01:01:28.000 --> 01:01:33.000]  is already in flight testing in the upper atmosphere as part of its Internet.org initiative.
[01:01:33.000 --> 01:01:37.000]  What's the goal? To have hundreds of drones floating upwards with the help of helium balloons,
[01:01:37.000 --> 01:01:41.000]  which would then circle the globe at roughly 60,000 to 90,000 feet,
[01:01:41.000 --> 01:01:43.000]  way above commercial airliners and weather systems.
[01:01:43.000 --> 01:01:46.000]  It turns out that this is more valuable of a solution
[01:01:46.000 --> 01:01:49.000]  than building infrastructure in many remote places in Africa,
[01:01:49.000 --> 01:01:51.000]  which would be quantitatively much more expensive.
[01:01:51.000 --> 01:01:54.000]  The company still has plenty of work to do before this project becomes a reality.
[01:01:54.000 --> 01:01:57.000]  It needs to develop a longer-lasting battery and test its lasers,
[01:01:57.000 --> 01:02:02.000]  which it says already can send a signal to a target the size of a dime from 10 miles away.
[01:02:02.000 --> 01:02:09.000]  Google is also looking into similar solutions.
[01:02:09.000 --> 01:02:12.000]  The New York Police Department handed 54 participants body cameras
[01:02:12.000 --> 01:02:15.000]  when it started its pilot program last December.
[01:02:15.000 --> 01:02:18.000]  Today they released a 71-page report reviewing the program thus far.
[01:02:18.000 --> 01:02:21.000]  The report calls for stricter guidelines before the program expands
[01:02:21.000 --> 01:02:25.000]  and offers 23 suggestions that can both improve police-community relations
[01:02:25.000 --> 01:02:27.000]  and protect the safety of officers and the public,
[01:02:27.000 --> 01:02:30.000]  covering issues such as camera activation,
[01:02:30.000 --> 01:02:34.000]  protecting the anonymity of certain groups, retention periods, and footage access.
[01:02:34.000 --> 01:02:37.000]  A notable issue, NYPD Inspector General Philip Ure said,
[01:02:37.000 --> 01:02:41.000]  was that they found that officers generally don't know when it's appropriate to use the cameras.
[01:02:41.000 --> 01:02:46.000]  NYPD officers are trained to turn on their cameras only when there's reasonable suspicion
[01:02:46.000 --> 01:02:50.000]  of a crime happening during traffic stops and during incidents where force is used,
[01:02:50.000 --> 01:02:55.000]  but those limits are too restrictive to fully capture the wide range of police-community encounters.
[01:02:55.000 --> 01:03:01.000]  This has been the Lowdown for July 31, 2013.
[01:03:01.000 --> 01:03:30.000]  Music playing
[01:03:30.000 --> 01:03:34.000]  Okay, we are back. We're in the Kelton room with our radio
[01:03:34.000 --> 01:03:38.000]  and we're talking to Roger in Arizona.
[01:03:38.000 --> 01:03:46.000]  Okay, so I guess we get down to why did you call me?
[01:03:46.000 --> 01:03:53.000]  What is your question or issue?
[01:03:53.000 --> 01:03:56.000]  Oops, hold on.
[01:03:56.000 --> 01:04:01.000]  I forgot to mute you on the break so when you come back I muted you on the air.
[01:04:01.000 --> 01:04:06.000]  Okay, what is your question for me?
[01:04:06.000 --> 01:04:14.000]  I was hoping to find out more steps I could take to ensure that the preliminary injunction does,
[01:04:14.000 --> 01:04:19.000]  you know, go in my favor by me knowing what I have to prove.
[01:04:19.000 --> 01:04:24.000]  Okay, what is the nature of the preliminary injunction?
[01:04:24.000 --> 01:04:27.000]  What are you asking the court to adjoin?
[01:04:27.000 --> 01:04:34.000]  For the school to let me register for classes and finish my program and also remember,
[01:04:34.000 --> 01:04:39.000]  I think I told you the police wouldn't allow me to attend their public board meeting
[01:04:39.000 --> 01:04:45.000]  unless I would submit to a pat-down, so I'm asking for that to go through again.
[01:04:45.000 --> 01:04:50.000]  You know, the school I think is just putting on a false front with their police at the meeting
[01:04:50.000 --> 01:04:54.000]  saying you're not coming in unless you get patted down.
[01:04:54.000 --> 01:04:59.000]  I think if I said stand aside, I'm going in, I'm an American, they might have to,
[01:04:59.000 --> 01:05:02.000]  but they do all these sorts of things.
[01:05:02.000 --> 01:05:07.000]  No, what they would probably do is beat you into unconsciousness and throw you in jail.
[01:05:07.000 --> 01:05:11.000]  We kind of have a different strategy for that.
[01:05:11.000 --> 01:05:16.000]  That wouldn't, for me, would have gotten a 911 call.
[01:05:16.000 --> 01:05:24.000]  And I asked the dispatcher to dispatch a police officer to take my complaint against whoever this was.
[01:05:24.000 --> 01:05:27.000]  Yeah, I heard you a little story about that earlier, yeah.
[01:05:27.000 --> 01:05:35.000]  That kind of switches things up on them, plus it gets your complaint,
[01:05:35.000 --> 01:05:39.000]  your objection to the procedure in the public record,
[01:05:39.000 --> 01:05:45.000]  so you don't have the officer come along later and tell a whole different story that never happened.
[01:05:45.000 --> 01:05:50.000]  The school only used that against me because part of the whole commitment petition
[01:05:50.000 --> 01:05:56.000]  was that I complained to the Tucson Police Department about, in their words,
[01:05:56.000 --> 01:05:59.000]  perceived violations of my rights.
[01:05:59.000 --> 01:06:03.000]  So they'll do anything they can to keep stepping it up,
[01:06:03.000 --> 01:06:07.000]  making it sound like hey, this guy is anti-government paranoid.
[01:06:07.000 --> 01:06:14.000]  Who is the president of the university? Is it a university?
[01:06:14.000 --> 01:06:19.000]  They call the chancellor, his name is Dr. Lee Lambert,
[01:06:19.000 --> 01:06:23.000]  and he moved here from Washington State about a year and a half ago.
[01:06:23.000 --> 01:06:32.000]  Okay, he's the one that heads the university, charged him criminally.
[01:06:32.000 --> 01:06:37.000]  Go down and file a criminal complaint against him.
[01:06:37.000 --> 01:06:43.000]  Okay, understand, you'll never win your case simply because you have the facts on your side.
[01:06:43.000 --> 01:06:46.000]  You'll only win your case if you have the politics on your side.
[01:06:46.000 --> 01:06:48.000]  Here's what I bet's going on.
[01:06:48.000 --> 01:06:53.000]  You've got people down in lower rungs of management doing this song and dance
[01:06:53.000 --> 01:06:58.000]  and seltzer down your pants and getting the school sued unnecessarily,
[01:06:58.000 --> 01:07:04.000]  and the head of the school probably don't really know anything about what's actually going on.
[01:07:04.000 --> 01:07:10.000]  Well, because I emailed him recently, and I also emailed the board, and you know what happened?
[01:07:10.000 --> 01:07:16.000]  My emails were kicked back, and in the answer that the attorney wrote,
[01:07:16.000 --> 01:07:20.000]  she said well, he hasn't even asked the board for help as a body,
[01:07:20.000 --> 01:07:25.000]  he's contacted people individually, so they'll come up with whatever use they can
[01:07:25.000 --> 01:07:30.000]  to do just what you're saying, just to hide what they are doing.
[01:07:30.000 --> 01:07:38.000]  Exactly, so you go to the district attorney and file criminal charges against the head of the university.
[01:07:38.000 --> 01:07:45.000]  When I reported this to the county attorney, is that who you're talking about?
[01:07:45.000 --> 01:07:51.000]  No, I'm talking about the district attorney, the one who prosecutes felonies.
[01:07:51.000 --> 01:07:53.000]  Don't report it.
[01:07:53.000 --> 01:08:03.000]  File a verified criminal affidavit accusing the head of the university of official oppression.
[01:08:03.000 --> 01:08:08.000]  The university is essentially, oh wait a minute, official oppression may not be the right one.
[01:08:08.000 --> 01:08:16.000]  Yeah, they're denying you and you do process right and false imprisonment.
[01:08:16.000 --> 01:08:24.000]  He is responding at Superior. Everybody works for him, everybody acts in his name,
[01:08:24.000 --> 01:08:31.000]  so the university does something to you, the school does something to you, he does something to you.
[01:08:31.000 --> 01:08:37.000]  So you accuse him, since he's the boss, of orchestrating all this.
[01:08:37.000 --> 01:08:44.000]  And it's a way of getting around all the minions, because when you make this complaint,
[01:08:44.000 --> 01:08:50.000]  you make it in writing, you take it to a notary, you have a notary verify your signature,
[01:08:50.000 --> 01:08:56.000]  and I suggest you take it to a district court and file it with a district court
[01:08:56.000 --> 01:09:02.000]  in the court's capacity as a magistrate.
[01:09:02.000 --> 01:09:11.000]  And what the court will do is say, well, you know Mr. Shane, you really ought to take that here.
[01:09:11.000 --> 01:09:16.000]  So wherever the district judge tells you to take it, you take it to that place
[01:09:16.000 --> 01:09:23.000]  and say, district's judge so-and-so said I should bring this to you.
[01:09:23.000 --> 01:09:31.000]  And then if they give you any problem, you accuse the judge of directing them to give you a problem.
[01:09:31.000 --> 01:09:35.000]  It's politics, it's all about politics.
[01:09:35.000 --> 01:09:42.000]  The judge don't have anything to do with this and all of a sudden he's getting challenges made to him.
[01:09:42.000 --> 01:09:48.000]  But you make your challenges under code. You know, I hammer these guys all the time.
[01:09:48.000 --> 01:09:54.000]  They never come after me. Well, they have a time or two, but that was a long time ago.
[01:09:54.000 --> 01:10:02.000]  For the most part, they never ever come after me, because I go after them with their own code.
[01:10:02.000 --> 01:10:06.000]  I don't say you did this wrong, you did that wrong.
[01:10:06.000 --> 01:10:14.000]  I say you violated this statute and you violated it this way.
[01:10:14.000 --> 01:10:21.000]  Have you read the penal code for New York?
[01:10:21.000 --> 01:10:23.000]  Is that another question?
[01:10:23.000 --> 01:10:25.000]  That was a question.
[01:10:25.000 --> 01:10:27.000]  No.
[01:10:27.000 --> 01:10:29.000]  You need to read it.
[01:10:29.000 --> 01:10:32.000]  Part of it, you'll think it's a comic book.
[01:10:32.000 --> 01:10:38.000]  You'll get a chuckle out of it because you'll find all the stuff you can do to these guys.
[01:10:38.000 --> 01:10:42.000]  If you want to get these guys straight, if you want to keep them from doing this to you
[01:10:42.000 --> 01:10:47.000]  and keep them from doing somebody else, read their own code.
[01:10:47.000 --> 01:10:49.000]  They never read their own code.
[01:10:49.000 --> 01:10:56.000]  They go in the code and look for something that suits their immediate purpose.
[01:10:56.000 --> 01:10:58.000]  But they never read the code.
[01:10:58.000 --> 01:11:03.000]  I talked to my prosecuting attorney and quoted something out of code.
[01:11:03.000 --> 01:11:09.000]  I quoted the unlawful practice of law.
[01:11:09.000 --> 01:11:14.000]  I quoted it to him, 38.123.
[01:11:14.000 --> 01:11:17.000]  He went and looked it up and it said exactly what I said it did.
[01:11:17.000 --> 01:11:19.000]  That's shame on you, Greg.
[01:11:19.000 --> 01:11:21.000]  You shouldn't have to look that up.
[01:11:21.000 --> 01:11:24.000]  When was the last time you read that?
[01:11:24.000 --> 01:11:29.000]  He said, well, I don't know that I've ever read the whole thing.
[01:11:29.000 --> 01:11:31.000]  Oh, Greg, that's pitiful.
[01:11:31.000 --> 01:11:36.000]  Well, now, can the district attorney's office kind of handle my complaints
[01:11:36.000 --> 01:11:40.000]  when we have to do a lot of the writing and such myself?
[01:11:40.000 --> 01:11:49.000]  What I'm telling you is how the law says the system is supposed to work
[01:11:49.000 --> 01:11:52.000]  and how to use it to invoke politics.
[01:11:52.000 --> 01:11:56.000]  The prosecuting attorney is not going to want to mess with this case.
[01:11:56.000 --> 01:11:59.000]  He's not going to want to take on a university.
[01:11:59.000 --> 01:12:00.000]  No.
[01:12:00.000 --> 01:12:04.000]  So how are you going to get him to do something?
[01:12:04.000 --> 01:12:08.000]  We go to a higher level judge.
[01:12:08.000 --> 01:12:14.000]  This is a dirty trick that proceeds can pull.
[01:12:14.000 --> 01:12:16.000]  When I get problems in a jurisdiction,
[01:12:16.000 --> 01:12:23.000]  I want to go in and file a complaint with the highest judge I can find.
[01:12:23.000 --> 01:12:26.000]  And then when he fails to act on it,
[01:12:26.000 --> 01:12:31.000]  I want to file a complaint against him for not doing his job.
[01:12:31.000 --> 01:12:37.000]  Now, once I have filed against him for not doing his job,
[01:12:37.000 --> 01:12:42.000]  if anybody says anything to me or does anything to me,
[01:12:42.000 --> 01:12:47.000]  I accuse him of sending them down to do it.
[01:12:47.000 --> 01:12:51.000]  Now, he's up there innocent as a driven snow,
[01:12:51.000 --> 01:12:54.000]  and whoever messed with me,
[01:12:54.000 --> 01:12:56.000]  he is going to be crawling down their throats,
[01:12:56.000 --> 01:12:59.000]  stomping their feet all the way.
[01:12:59.000 --> 01:13:02.000]  It's all about politics.
[01:13:02.000 --> 01:13:08.000]  And if he, the president of the college or whoever heads the college,
[01:13:08.000 --> 01:13:11.000]  he probably doesn't really know anything about this.
[01:13:11.000 --> 01:13:13.000]  He may have heard about it,
[01:13:13.000 --> 01:13:16.000]  and his people told him what they wanted to hear.
[01:13:16.000 --> 01:13:20.000]  But when he gets a call from the prosecuting attorney...
[01:13:20.000 --> 01:13:23.000]  A month later saying he wasn't going to do anything.
[01:13:23.000 --> 01:13:25.000]  Yeah, he's just using doing through his minions.
[01:13:25.000 --> 01:13:28.000]  But when he gets a call from the district attorney,
[01:13:28.000 --> 01:13:32.000]  I got somebody down here trying to get me to arrest you,
[01:13:32.000 --> 01:13:35.000]  that's going to get his attention.
[01:13:35.000 --> 01:13:41.000]  Now he's going to go down and ask people some hard questions.
[01:13:41.000 --> 01:13:43.000]  Yeah.
[01:13:43.000 --> 01:13:47.000]  I do the same thing with large companies.
[01:13:47.000 --> 01:13:50.000]  I've run my own business for 40 years.
[01:13:50.000 --> 01:13:54.000]  The people that work for me never, ever tell me what they screw up.
[01:13:54.000 --> 01:14:01.000]  The only way I find out what's screwed up is when unhappy customers get a hold of me,
[01:14:01.000 --> 01:14:04.000]  chew me out like an error stepchild.
[01:14:04.000 --> 01:14:06.000]  And for me, that's great news,
[01:14:06.000 --> 01:14:11.000]  because I'm not going to get that news from the people that work for me.
[01:14:11.000 --> 01:14:17.000]  The bigger the company or organization, the worse that is.
[01:14:17.000 --> 01:14:22.000]  So you're outside the company, so you can go right to the top.
[01:14:22.000 --> 01:14:28.000]  I got the chairman of the board for Sintel telephone once.
[01:14:28.000 --> 01:14:29.000]  We were in Texas.
[01:14:29.000 --> 01:14:32.000]  He was in Chicago.
[01:14:32.000 --> 01:14:36.000]  And a friend of mine had a phone put in, paid for a private line.
[01:14:36.000 --> 01:14:38.000]  They put him on a six-party line.
[01:14:38.000 --> 01:14:40.000]  This was several years ago.
[01:14:40.000 --> 01:14:45.000]  And he was all upset, so I called Chicago and asked who the president was.
[01:14:45.000 --> 01:14:47.000]  And they said, is there a problem?
[01:14:47.000 --> 01:14:48.000]  Yeah, there's a problem.
[01:14:48.000 --> 01:14:49.000]  I don't know who the president is.
[01:14:49.000 --> 01:14:51.000]  Well, is there something I can do for you?
[01:14:51.000 --> 01:14:53.000]  Can you tell me who the president is?
[01:14:53.000 --> 01:14:54.000]  And finally, I told him,
[01:14:54.000 --> 01:14:59.000]  my daughter's doing a paper on high-level executives,
[01:14:59.000 --> 01:15:02.000]  and she wants to do a story about the president of Sintel.
[01:15:02.000 --> 01:15:03.000]  Oh, oh, sure.
[01:15:03.000 --> 01:15:05.000]  This is his name, blah, blah, blah.
[01:15:05.000 --> 01:15:06.000]  I hang up.
[01:15:06.000 --> 01:15:07.000]  I call back.
[01:15:07.000 --> 01:15:08.000]  I ask for him by name.
[01:15:08.000 --> 01:15:10.000]  And I sound really angry.
[01:15:10.000 --> 01:15:12.000]  Where's Jim Johnson?
[01:15:12.000 --> 01:15:13.000]  Well, he's not here.
[01:15:13.000 --> 01:15:15.000]  Well, who is there?
[01:15:15.000 --> 01:15:17.000]  Well, Mr. Rice is here.
[01:15:17.000 --> 01:15:18.000]  Well, who is he?
[01:15:18.000 --> 01:15:21.000]  Well, he's the chairman of the board.
[01:15:21.000 --> 01:15:22.000]  Oh, OK.
[01:15:22.000 --> 01:15:24.000]  He'll do.
[01:15:24.000 --> 01:15:25.000]  So I gave the phone to Mark.
[01:15:25.000 --> 01:15:29.000]  And I said, Mark, this is Mr. Rice in Chicago.
[01:15:29.000 --> 01:15:31.000]  And he may be able to help you.
[01:15:31.000 --> 01:15:32.000]  Mark is really upset.
[01:15:32.000 --> 01:15:34.000]  He grabbed the phone.
[01:15:34.000 --> 01:15:39.000]  Look, you Rice, I paid you guys for a private line.
[01:15:39.000 --> 01:15:41.000]  You put me on a six-party line.
[01:15:41.000 --> 01:15:44.000]  I'm going to get my private line if I have to come to Chicago
[01:15:44.000 --> 01:15:46.000]  and kick your behind to get it.
[01:15:46.000 --> 01:15:48.000]  And he hung up.
[01:15:48.000 --> 01:15:50.000]  Whoa.
[01:15:50.000 --> 01:15:53.000]  Mark, you know who that was?
[01:15:53.000 --> 01:15:56.000]  I told him, the chairman of the board, oh, no, no.
[01:15:56.000 --> 01:15:58.000]  Never get a phone.
[01:15:58.000 --> 01:15:59.000]  I came out there the next day.
[01:15:59.000 --> 01:16:03.000]  And I bet there were 200 guys out there.
[01:16:03.000 --> 01:16:06.000]  Back, back, back holes, up holes.
[01:16:06.000 --> 01:16:10.000]  Two years later, the head, the foreman of all of the guys who
[01:16:10.000 --> 01:16:13.000]  worked on the phones saw me out front.
[01:16:13.000 --> 01:16:16.000]  We had had a couple tornadoes, and they were putting lines up.
[01:16:16.000 --> 01:16:18.000]  And this guy's down from Jacksboro.
[01:16:18.000 --> 01:16:21.000]  He's 60 miles away.
[01:16:21.000 --> 01:16:23.000]  And the foreman said, hey, you know who this is?
[01:16:23.000 --> 01:16:24.000]  And the guy said, I don't know.
[01:16:24.000 --> 01:16:27.000]  This is the guy that called the chairman of the board.
[01:16:27.000 --> 01:16:33.000]  And this guy from 60 miles away goes, ooh, and he backs up.
[01:16:33.000 --> 01:16:37.000]  It turned out he nearly got everybody fired.
[01:16:37.000 --> 01:16:39.000]  Well, thanks for the advice.
[01:16:39.000 --> 01:16:41.000]  You can do that.
[01:16:41.000 --> 01:16:42.000]  OK.
[01:16:42.000 --> 01:16:43.000]  Thank you, Roger.
[01:16:43.000 --> 01:16:46.000]  And keep us up to date on how this goes.
[01:16:46.000 --> 01:16:47.000]  All right.
[01:16:47.000 --> 01:16:48.000]  OK.
[01:16:48.000 --> 01:16:53.000]  This is Randy Kelton with Raw Radio, or call it number 512-646-1984.
[01:16:53.000 --> 01:17:01.000]  We'll be right back.
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[01:19:59.000 --> 01:20:01.000]  Okay, we are back.
[01:20:01.000 --> 01:20:05.000]  Randy Kelton here with Rule of Law radio and we're going to Shane in New York.
[01:20:05.000 --> 01:20:10.000]  Shane, you are on the air and the whole world is listening.
[01:20:10.000 --> 01:20:12.000]  How are you doing there, Randy?
[01:20:12.000 --> 01:20:14.000]  I'm doing good.
[01:20:14.000 --> 01:20:17.000]  That's good. I won't keep you too long.
[01:20:17.000 --> 01:20:22.000]  I just called a few weeks ago and got the affidavit from William McCaffrey today.
[01:20:22.000 --> 01:20:27.000]  We were lastly talking on a mortgage, my mother,
[01:20:27.000 --> 01:20:33.000]  and I got the affidavit here from William McCaffrey stating that the line of credit
[01:20:33.000 --> 01:20:36.000]  regarding the mortgage has been charged off.
[01:20:36.000 --> 01:20:39.000]  Okay, hold on, hold on.
[01:20:39.000 --> 01:20:45.000]  Backup, quick synopsis, give us your original index.
[01:20:45.000 --> 01:20:52.000]  Okay, it's a case filed in the county court, which is in upstate New York,
[01:20:52.000 --> 01:21:00.000]  and it's a foreclosure proceeding being done by a bank called KeyBank.
[01:21:00.000 --> 01:21:06.000]  And originally it was just a regular line of credit for $50,000 on the property.
[01:21:06.000 --> 01:21:12.000]  And we waited for the analysis from William McCaffrey,
[01:21:12.000 --> 01:21:16.000]  and he told us originally it was charged off and we just got his affidavit here
[01:21:16.000 --> 01:21:22.000]  stating in an affidavit form based on his research.
[01:21:22.000 --> 01:21:23.000]  And it's pretty lengthy, by the way.
[01:21:23.000 --> 01:21:26.000]  I'm not going to read the whole thing into the radio show here.
[01:21:26.000 --> 01:21:35.000]  But in a nutshell, it's been already charged off.
[01:21:35.000 --> 01:21:38.000]  Okay, what's the...
[01:21:38.000 --> 01:21:44.000]  Okay, if I'm a judge, I'm going to say, so what?
[01:21:44.000 --> 01:21:51.000]  If a bank, if a debtor, if a creditor has charged off a debt,
[01:21:51.000 --> 01:22:00.000]  that just means that they have taken the loss for tax purposes.
[01:22:00.000 --> 01:22:05.000]  How does that affect your obligation?
[01:22:05.000 --> 01:22:09.000]  Well, it's in the affidavit that he wrote.
[01:22:09.000 --> 01:22:14.000]  It just says that confirming the event occurs,
[01:22:14.000 --> 01:22:18.000]  but the information reveals that the loan is no longer bankable
[01:22:18.000 --> 01:22:20.000]  and is charged off, charged off loans.
[01:22:20.000 --> 01:22:23.000]  The charge off is based on an established threshold,
[01:22:23.000 --> 01:22:28.000]  and it gets pretty detailed into the compliance with the OCT, by the way.
[01:22:28.000 --> 01:22:30.000]  Okay, how is the...
[01:22:30.000 --> 01:22:37.000]  What does it mean that the note is no longer bankable?
[01:22:37.000 --> 01:22:40.000]  You know, I...
[01:22:40.000 --> 01:22:45.000]  This is something, and I may seem pedantic sometimes,
[01:22:45.000 --> 01:22:51.000]  but when we're talking about legal issues, people tend to think that
[01:22:51.000 --> 01:22:56.000]  when we're talking to the courts, we're speaking English.
[01:22:56.000 --> 01:22:59.000]  It sounds like English, and it looks like English when you read it,
[01:22:59.000 --> 01:23:03.000]  but it's really not. It's legalese.
[01:23:03.000 --> 01:23:11.000]  And any time you hear a term that's used in a special capacity, like bankable,
[01:23:11.000 --> 01:23:17.000]  when I hear bankable, I ask myself, what does bankable mean?
[01:23:17.000 --> 01:23:23.000]  And I look around in my memory, and I have nothing that says what bankable means.
[01:23:23.000 --> 01:23:26.000]  That tells me that this is a term of arch.
[01:23:26.000 --> 01:23:30.000]  It's a legal term, and it has some special meaning.
[01:23:30.000 --> 01:23:33.000]  And if we don't know what that special meaning is,
[01:23:33.000 --> 01:23:37.000]  we have no idea what they're talking about.
[01:23:37.000 --> 01:23:46.000]  My issue here is they're saying that the lender wrote off their debt.
[01:23:46.000 --> 01:23:52.000]  And so I want to say, okay, I have a promise to pay here.
[01:23:52.000 --> 01:24:03.000]  How does that affect my promise to pay, my responsibility under the promise to pay?
[01:24:03.000 --> 01:24:10.000]  Were you listening at the beginning of the show, the very opening?
[01:24:10.000 --> 01:24:12.000]  Yes, Randy, I was.
[01:24:12.000 --> 01:24:16.000]  Yeah, when I was talking about how to build a case,
[01:24:16.000 --> 01:24:25.000]  and how to constitute a case, one thing I didn't get to is any argument you bring before the court,
[01:24:25.000 --> 01:24:31.000]  imagine that the judge is saying, okay, so what?
[01:24:31.000 --> 01:24:38.000]  How does this affect the adjudication of the case?
[01:24:38.000 --> 01:24:42.000]  It's been written off by the lender, okay.
[01:24:42.000 --> 01:24:53.000]  How does that affect the borrower's duty to pay?
[01:24:53.000 --> 01:24:57.000]  I'm actually asking you a kind of a rhetorical question.
[01:24:57.000 --> 01:25:03.000]  Well, in my opinion, Randy, in my opinion, they can't demonstrate the evidence of the debt,
[01:25:03.000 --> 01:25:05.000]  or they can't demonstrate they even hold the debt.
[01:25:05.000 --> 01:25:07.000]  So how in the world can we propose that?
[01:25:07.000 --> 01:25:08.000]  Okay, that has nothing to do with debt.
[01:25:08.000 --> 01:25:13.000]  But writing off the debt has nothing to do with it.
[01:25:13.000 --> 01:25:18.000]  What I'm getting to are issues you can adjudicate.
[01:25:18.000 --> 01:25:32.000]  And it is my opinion that MERS and Show Me the Note were ceded to borrowers by the banks,
[01:25:32.000 --> 01:25:37.000]  because that's the easiest issues for them to argue.
[01:25:37.000 --> 01:25:41.000]  It's like, don't throw me in that bribe patch.
[01:25:41.000 --> 01:25:44.000]  This is something they could fight.
[01:25:44.000 --> 01:25:49.000]  And they threw that at us and got people to chase those rabbit holes,
[01:25:49.000 --> 01:25:57.000]  because they didn't want you looking into the place where things they could not defend against.
[01:25:57.000 --> 01:26:01.000]  And that's here in the county record.
[01:26:01.000 --> 01:26:07.000]  So in these evaluations that I don't know McCaffrey,
[01:26:07.000 --> 01:26:11.000]  but I would very much like to see his evaluation,
[01:26:11.000 --> 01:26:14.000]  and I'm going to go through it and read it and say,
[01:26:14.000 --> 01:26:19.000]  every time he makes a proactive statement, I'm going to say so what, so what, so what.
[01:26:19.000 --> 01:26:28.000]  And the so what means how does this affect the adjudication of the case
[01:26:28.000 --> 01:26:36.000]  if he hasn't stipulated that and hasn't stipulated it in statute that is meaningless.
[01:26:36.000 --> 01:26:44.000]  Say that again about what he said about the note.
[01:26:44.000 --> 01:26:46.000]  Yeah, really quick.
[01:26:46.000 --> 01:26:52.000]  The line of credit that was attached to the House has been, based on his review,
[01:26:52.000 --> 01:26:58.000]  has been charged as unbankable, which means you can't collect on it.
[01:26:58.000 --> 01:27:01.000]  He made that statement on page two of the affidavit.
[01:27:01.000 --> 01:27:06.000]  Okay. Does it, is there another place in the affidavit
[01:27:06.000 --> 01:27:12.000]  where he addresses that particular issue in greater detail?
[01:27:12.000 --> 01:27:17.000]  You know, normally I would jump on my self-righteous high horse and say,
[01:27:17.000 --> 01:27:23.000]  never make a proactive statement of law out of your own mouth, because that's what that does.
[01:27:23.000 --> 01:27:28.000]  But I suspect he's addressed that further down.
[01:27:28.000 --> 01:27:31.000]  Well, let me just, this will only take about 20 seconds.
[01:27:31.000 --> 01:27:34.000]  It says, according to the OCC, when loans are charged off,
[01:27:34.000 --> 01:27:43.000]  the bank is required to place them in a non-accural status.
[01:27:43.000 --> 01:27:48.000]  And I think it says here, moreover, according to the OCC, when loans are charged off,
[01:27:48.000 --> 01:27:53.000]  the bank can no longer collect on non-accural debt.
[01:27:53.000 --> 01:27:56.000]  In the loan here, according to the Commercial Loan Department,
[01:27:56.000 --> 01:27:59.000]  the bank's commercial loan, see attached, appears there,
[01:27:59.000 --> 01:28:01.000]  attempting to collect on that debt.
[01:28:01.000 --> 01:28:04.000]  Furthermore, the interest was still occurring,
[01:28:04.000 --> 01:28:11.000]  therefore leaving the balance at a superficial inflated amount.
[01:28:11.000 --> 01:28:18.000]  Okay. Still, the issue I have is there's not enough law support in the conclusions,
[01:28:18.000 --> 01:28:24.000]  but that does sound like an interesting argument.
[01:28:24.000 --> 01:28:26.000]  It's one I haven't heard before.
[01:28:26.000 --> 01:28:31.000]  What UCC code did he cite?
[01:28:31.000 --> 01:28:33.000]  I'm glad to email you this affidavit from William McCaffrey.
[01:28:33.000 --> 01:28:35.000]  I thought it was pretty...
[01:28:35.000 --> 01:28:37.000]  Yes, I would very much like to see that.
[01:28:37.000 --> 01:28:43.000]  As long as William McCaffrey doesn't have an objection to it, I'm sure he won't.
[01:28:43.000 --> 01:28:45.000]  Yeah, I don't think he does.
[01:28:45.000 --> 01:28:49.000]  Okay. I would very much like to see that.
[01:28:49.000 --> 01:28:56.000]  Frankly, I'm looking for people who do really good work.
[01:28:56.000 --> 01:29:03.000]  If I find that he does really good work, I send people to him.
[01:29:03.000 --> 01:29:07.000]  I just want to let you know that he's been in the banking industry for over 30 years.
[01:29:07.000 --> 01:29:10.000]  He's employed by the Federal Insurance Institution,
[01:29:10.000 --> 01:29:16.000]  including a decade of business development with Indigo Bank, FSB,
[01:29:16.000 --> 01:29:23.000]  and consulted with housing mortgage consultants.
[01:29:23.000 --> 01:29:29.000]  The only concern there is there's just no legal background.
[01:29:29.000 --> 01:29:33.000]  There's a banking background, and that's valuable.
[01:29:33.000 --> 01:29:39.000]  But in order to take his presentation and use it in court,
[01:29:39.000 --> 01:29:45.000]  you need to attach his conclusions to law.
[01:29:45.000 --> 01:29:48.000]  I'm certainly not criticizing him, because I really want to see good work.
[01:29:48.000 --> 01:29:50.000]  Hang on. We'll pick this up on the other side.
[01:29:50.000 --> 01:29:52.000]  This is Randy Kelton.
[01:29:52.000 --> 01:29:53.000]  This is Rule of Law radio.
[01:29:53.000 --> 01:29:56.000]  I call in numbers 512-646-1984.
[01:29:56.000 --> 01:29:59.000]  We'll be right back.
[01:29:59.000 --> 01:30:18.000]  Good on your walking shoes, couch potatoes. A hike a day can keep diabetes at bay.
[01:30:18.000 --> 01:30:20.000]  Privacy is under attack.
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[01:30:29.000 --> 01:30:30.000]  So protect your rights.
[01:30:30.000 --> 01:30:34.000]  Say no to surveillance and keep your information to yourself.
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[01:31:22.000 --> 01:31:32.000]  Look Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:32.000 --> 01:31:37.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:37.000 --> 01:31:39.000]  The government says that fire brought it down.
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[01:32:07.000 --> 01:32:10.000]  Come on, we all know the government caused it with their chemtrails,
[01:32:10.000 --> 01:32:12.000]  but good luck getting them to pay for it.
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[01:33:35.000 --> 01:33:46.000]  Okay, we are back.
[01:33:46.000 --> 01:33:50.000]  Brandon Kelton with Logos Radio and we're talking to Shane in New York.
[01:33:50.000 --> 01:33:54.000]  Shane, you mentioned that you were in upstate New York.
[01:33:54.000 --> 01:33:59.000]  How far upstate are you?
[01:33:59.000 --> 01:34:07.000]  Right between Buffalo and Erie, Pennsylvania, right along the Erie.
[01:34:07.000 --> 01:34:10.000]  Oh my goodness, you're way up there.
[01:34:10.000 --> 01:34:12.000]  If you want to just tell you a quick little story,
[01:34:12.000 --> 01:34:15.000]  I got caught in that big snowstorm in November 2014
[01:34:15.000 --> 01:34:21.000]  where we got a total of nine feet within about 30 hours.
[01:34:21.000 --> 01:34:24.000]  Oh, I remember that one.
[01:34:24.000 --> 01:34:27.000]  Yeah, I got caught on a throwaway in the 90.
[01:34:27.000 --> 01:34:29.000]  I was down there for about a day and a half
[01:34:29.000 --> 01:34:31.000]  until the troopers came and rescued me.
[01:34:31.000 --> 01:34:36.000]  My goodness.
[01:34:36.000 --> 01:34:38.000]  Go ahead.
[01:34:38.000 --> 01:34:40.000]  Yeah, the snow, just to give you a rough idea,
[01:34:40.000 --> 01:34:42.000]  it came and got me in the afternoon.
[01:34:42.000 --> 01:34:45.000]  I got caught around 1 o'clock in the morning coming back home.
[01:34:45.000 --> 01:34:48.000]  I was there and it came and got me in the afternoon the following day.
[01:34:48.000 --> 01:34:54.000]  The snow ran up past my mirror on my car.
[01:34:54.000 --> 01:35:00.000]  That is such an incredibly beautiful country up there.
[01:35:00.000 --> 01:35:03.000]  I guess it wasn't when there's snow that deep.
[01:35:03.000 --> 01:35:08.000]  We did a seminar once in upstate New York
[01:35:08.000 --> 01:35:13.000]  and we were almost trying to remember exactly where this was at,
[01:35:13.000 --> 01:35:19.000]  but it was at some resort almost to the Canadian border.
[01:35:19.000 --> 01:35:23.000]  The country driving up there was absolutely incredible.
[01:35:23.000 --> 01:35:26.000]  We probably drove 100 miles.
[01:35:26.000 --> 01:35:29.000]  We were very seldom ever seeing a house.
[01:35:29.000 --> 01:35:33.000]  I was amazed at how remote that country was.
[01:35:33.000 --> 01:35:39.000]  I was asking, I do a show on Monday night on Truth Radio Network
[01:35:39.000 --> 01:35:41.000]  with Pastor Macedon.
[01:35:41.000 --> 01:35:44.000]  He's out of Little Falls.
[01:35:44.000 --> 01:35:47.000]  He's just north of Little Falls.
[01:35:47.000 --> 01:35:54.000]  Have you ever heard of the Herkimer Diamond Mines?
[01:35:54.000 --> 01:35:56.000]  I have.
[01:35:56.000 --> 01:36:00.000]  He is exactly across the Canadian River from the Herkimer Diamond Mines.
[01:36:00.000 --> 01:36:07.000]  I enjoyed greatly calling Pastor Maced last February
[01:36:07.000 --> 01:36:13.000]  and told him that I was out in the yard mowing around some bushes this morning
[01:36:13.000 --> 01:36:17.000]  and I was thinking about you.
[01:36:17.000 --> 01:36:21.000]  He texted me back and said,
[01:36:21.000 --> 01:36:28.000]  that's why nobody likes you because he was 21 below.
[01:36:28.000 --> 01:36:32.000]  Anyway, okay, enough of that reminiscing.
[01:36:32.000 --> 01:36:36.000]  Okay, where were we?
[01:36:36.000 --> 01:36:39.000]  We were right in the middle talking about William and Catherine Sass of David
[01:36:39.000 --> 01:36:43.000]  and if your listeners wanted to, they could probably type in the affidavit
[01:36:43.000 --> 01:36:44.000]  of the Warden and Catherine.
[01:36:44.000 --> 01:36:46.000]  He's all over the Internet.
[01:36:46.000 --> 01:36:48.000]  Yeah, okay.
[01:36:48.000 --> 01:36:52.000]  As you say his name, it had a familiar ring when I first heard it,
[01:36:52.000 --> 01:36:56.000]  but I've gotten careful about making attachments.
[01:36:56.000 --> 01:37:00.000]  He does sound familiar and if he does good work,
[01:37:00.000 --> 01:37:06.000]  I would very much like to see his work so that I can refer him to other people.
[01:37:06.000 --> 01:37:13.000]  There's a lot of guys out there who are diligently trying to provide people
[01:37:13.000 --> 01:37:17.000]  with good information, but they don't understand the legal system,
[01:37:17.000 --> 01:37:23.000]  so they don't know how to give them information they can actually use in court.
[01:37:23.000 --> 01:37:28.000]  I have Joe Esquivel down here in Texas and he does pretty good work,
[01:37:28.000 --> 01:37:35.000]  but I would like some others that I can refer people to who give them good product.
[01:37:35.000 --> 01:37:42.000]  Primarily my concern with that is most of the time it's not necessary.
[01:37:42.000 --> 01:37:47.000]  I help people with foreclosures just all the time,
[01:37:47.000 --> 01:37:52.000]  and on occasion I have someone that needs that kind of evaluation.
[01:37:52.000 --> 01:37:56.000]  Shane, have you went to the county recorder's office
[01:37:56.000 --> 01:38:01.000]  and pulled all of the documents that have been filed with the county recorder
[01:38:01.000 --> 01:38:06.000]  since you received a warranty deed on your property?
[01:38:06.000 --> 01:38:11.000]  There's no deed attached to this mortgage.
[01:38:11.000 --> 01:38:16.000]  Okay, hold on.
[01:38:16.000 --> 01:38:21.000]  First, give me a yes or no.
[01:38:21.000 --> 01:38:26.000]  You did look in the public record. What did you find there?
[01:38:26.000 --> 01:38:35.000]  Well, we found it's called a line of credit.
[01:38:35.000 --> 01:38:38.000]  Okay, it's a line of credit.
[01:38:38.000 --> 01:38:44.000]  It's a lien against the property, a mortgage against the property,
[01:38:44.000 --> 01:38:48.000]  and the mortgage is based on a line of credit.
[01:38:48.000 --> 01:38:54.000]  Are there any assignments or appointments after the filing of the line of credit?
[01:38:54.000 --> 01:38:57.000]  No.
[01:38:57.000 --> 01:39:03.000]  Is the company that granted the line of credit still in business?
[01:39:03.000 --> 01:39:07.000]  Yes.
[01:39:07.000 --> 01:39:16.000]  Do the servicer or does the servicer who sends you the statement every month,
[01:39:16.000 --> 01:39:20.000]  is it the original lender?
[01:39:20.000 --> 01:39:25.000]  Yes.
[01:39:25.000 --> 01:39:32.000]  Okay, in this case, I would ask for a securities audit,
[01:39:32.000 --> 01:39:38.000]  and this is the only case in which I ask for a securities audit.
[01:39:38.000 --> 01:39:43.000]  So at this point, I like this McCaffrey guy,
[01:39:43.000 --> 01:39:45.000]  because this is the one time I would need,
[01:39:45.000 --> 01:39:49.000]  if I have an original lender who's out of business
[01:39:49.000 --> 01:39:54.000]  and there are no assignments, I don't need a securities audit.
[01:39:54.000 --> 01:40:01.000]  If I have assignments by, say, by MERS,
[01:40:01.000 --> 01:40:06.000]  and the assignment doesn't say that MERS assigned the note
[01:40:06.000 --> 01:40:12.000]  acting as nominee for the original lender,
[01:40:12.000 --> 01:40:17.000]  then I don't need a securities audit.
[01:40:17.000 --> 01:40:24.000]  If I have an assignment by someone other than the original lender,
[01:40:24.000 --> 01:40:28.000]  I'm talking about things I find all the time.
[01:40:28.000 --> 01:40:33.000]  If you have a Washington Mutual note, you're going to have exactly this issue.
[01:40:33.000 --> 01:40:37.000]  There are a number of companies where the companies went out of business,
[01:40:37.000 --> 01:40:43.000]  and someone has tried to assign the note afterward, but the company didn't.
[01:40:43.000 --> 01:40:47.000]  Or I look at all these, if I've got assignments and appointments,
[01:40:47.000 --> 01:40:55.000]  those do give me a lot of things to adjudicate based on the original contract.
[01:40:55.000 --> 01:41:00.000]  But if I have the original lender and he's the servicer and no changes,
[01:41:00.000 --> 01:41:06.000]  now I don't have anything from a contractual side to argue.
[01:41:06.000 --> 01:41:10.000]  So now I have to go to a securities audit.
[01:41:10.000 --> 01:41:16.000]  Okay. You understand, Shane, that I'm not just talking to you.
[01:41:16.000 --> 01:41:20.000]  So if I seem a little wordy, I'm trying to frame everything
[01:41:20.000 --> 01:41:22.000]  so people understand where we're at.
[01:41:22.000 --> 01:41:30.000]  Okay. What is your position now?
[01:41:30.000 --> 01:41:34.000]  Right now we had a conference over the phone,
[01:41:34.000 --> 01:41:39.000]  and we're going to have another conference in two weeks.
[01:41:39.000 --> 01:41:45.000]  Okay. Wait, wait. Hold on. Back to Mike a little way from your mouth
[01:41:45.000 --> 01:41:48.000]  or move it down just below your mouth.
[01:41:48.000 --> 01:41:51.000]  I'm getting a sense of distortion.
[01:41:51.000 --> 01:41:54.000]  Okay. Go ahead.
[01:41:54.000 --> 01:42:00.000]  Okay. So we had a hearing over the telephone for about five minutes today,
[01:42:00.000 --> 01:42:04.000]  and that is at the state level,
[01:42:04.000 --> 01:42:07.000]  and they're waiting for a decision from the federal court
[01:42:07.000 --> 01:42:13.000]  to have a motion to stop the state court from proceeding this foreclosure
[01:42:13.000 --> 01:42:15.000]  based on many issues.
[01:42:15.000 --> 01:42:19.000]  And so they went ahead and adjourned it for another two weeks,
[01:42:19.000 --> 01:42:23.000]  and we're going to have another telephone conference over the phone
[01:42:23.000 --> 01:42:26.000]  to find out which direction we're going.
[01:42:26.000 --> 01:42:31.000]  Okay. We're running out of time, so what is your question now?
[01:42:31.000 --> 01:42:36.000]  I'm at the last segment coming up, so what's your current question?
[01:42:36.000 --> 01:42:41.000]  Can I ask you, my current question is that, you know, the issue,
[01:42:41.000 --> 01:42:48.000]  is there any type of banking regulation that once a mortgage has been charged off,
[01:42:48.000 --> 01:42:56.000]  are they violating anything in the banking regulations, the OCC or the UCC?
[01:42:56.000 --> 01:43:01.000]  Is there any requirement that, like, once you charge off a debt,
[01:43:01.000 --> 01:43:04.000]  can they still pursue a collection activity?
[01:43:04.000 --> 01:43:13.000]  As far as I know, they can, but that's a statement by me that's not a statement of authority.
[01:43:13.000 --> 01:43:17.000]  I suspect that Jeff Sedgwick is still listening,
[01:43:17.000 --> 01:43:23.000]  and he has a child in on this issue, so it may be beyond him.
[01:43:23.000 --> 01:43:30.000]  I'm just not sure about the effect that a charge off by the bank
[01:43:30.000 --> 01:43:33.000]  has on the duty of the lender to pay.
[01:43:33.000 --> 01:43:39.000]  It's not something I've actually come across, so I haven't adjudicated,
[01:43:39.000 --> 01:43:41.000]  so I really couldn't say.
[01:43:41.000 --> 01:43:46.000]  You stumped the chump.
[01:43:46.000 --> 01:43:48.000]  Okay, hang on, we're back to go to break.
[01:43:48.000 --> 01:43:53.000]  I do need to move along, we've got two more callers, and I hope to get to both of them.
[01:43:53.000 --> 01:43:55.000]  I'm not going to give the call out now, but we'll be right back.
[01:43:55.000 --> 01:44:00.000]  Hang on, Shane.
[01:44:00.000 --> 01:44:04.000]  You feel tired when talking about important topics like money and politics?
[01:44:04.000 --> 01:44:05.000]  Sorry.
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[01:46:23.000 --> 01:46:27.000]  Okay.
[01:46:27.000 --> 01:46:28.000]  We are back.
[01:46:28.000 --> 01:46:30.000]  Randy Kelton, Rule of Law Radio.
[01:46:30.000 --> 01:46:32.000]  And we're talking to Shane in New York.
[01:46:32.000 --> 01:46:40.000]  And Shane, if I'm getting this right, this is not a question for me,
[01:46:40.000 --> 01:46:44.000]  but it's a question for a CPA.
[01:46:44.000 --> 01:46:55.000]  A CPA should be able to tell you how writing off a note affects the note itself.
[01:46:55.000 --> 01:47:00.000]  Do you know a CPA?
[01:47:00.000 --> 01:47:06.000]  You know, I never even entertained this before, Randy.
[01:47:06.000 --> 01:47:11.000]  Yeah, I think if anybody would know how that affects the obligation on the note,
[01:47:11.000 --> 01:47:17.000]  a CPA would, because writing it off is a tax issue.
[01:47:17.000 --> 01:47:20.000]  Actually, if I can get ahold of my daughter, I'll ask her.
[01:47:20.000 --> 01:47:23.000]  She's a CPA.
[01:47:23.000 --> 01:47:29.000]  Randy, I will go ahead and scan this email with you later on tonight.
[01:47:29.000 --> 01:47:30.000]  Okay, good.
[01:47:30.000 --> 01:47:31.000]  Send it to me.
[01:47:31.000 --> 01:47:34.000]  I'd very much like to see McAllister's work.
[01:47:34.000 --> 01:47:35.000]  Yep, no problem.
[01:47:35.000 --> 01:47:37.000]  I'll get it out to you.
[01:47:37.000 --> 01:47:38.000]  Okay.
[01:47:38.000 --> 01:47:39.000]  Thank you, Shane.
[01:47:39.000 --> 01:47:45.000]  Contact the CPA, if you can't, send me your question as an email,
[01:47:45.000 --> 01:47:49.000]  and I'll send it to my daughter and see what she tells me.
[01:47:49.000 --> 01:47:50.000]  Okay.
[01:47:50.000 --> 01:47:52.000]  My daughter's kind of difficult.
[01:47:52.000 --> 01:47:57.000]  She went to Europe on a month-long cruise, and while she was gone,
[01:47:57.000 --> 01:48:02.000]  she wouldn't let me drive her new BMW.
[01:48:02.000 --> 01:48:06.000]  I told her, I told her, I'll bring it back as soon as I tear it up.
[01:48:06.000 --> 01:48:09.000]  She said, I know, Dad, I saw you drive.
[01:48:09.000 --> 01:48:13.000]  Oops, disrespectful brat.
[01:48:13.000 --> 01:48:16.000]  Okay, thank you, Shane.
[01:48:16.000 --> 01:48:18.000]  Now we're going to go to Rich in Michigan.
[01:48:18.000 --> 01:48:21.000]  Hello, Rich.
[01:48:21.000 --> 01:48:23.000]  Sorry to hold you up so long.
[01:48:23.000 --> 01:48:29.000]  Quickly, what is your question or comment?
[01:48:29.000 --> 01:48:34.000]  Okay, real quick, thanks for taking my call.
[01:48:34.000 --> 01:48:40.000]  I emailed you, and my wife inherited a house.
[01:48:40.000 --> 01:48:43.000]  Okay, hold on, Rick.
[01:48:43.000 --> 01:48:45.000]  Move the mic a little bit away from your mouth.
[01:48:45.000 --> 01:48:47.000]  Down below, do I bite your chin or something?
[01:48:47.000 --> 01:48:49.000]  You're getting distortion.
[01:48:49.000 --> 01:48:51.000]  Okay, how's that?
[01:48:51.000 --> 01:48:53.000]  Much better.
[01:48:53.000 --> 01:48:54.000]  Okay.
[01:48:54.000 --> 01:48:57.000]  So my wife inherited a house,
[01:48:57.000 --> 01:49:02.000]  and that house has some kind of religious mosque behind it,
[01:49:02.000 --> 01:49:10.000]  and she has been trying to sell it for a couple years now,
[01:49:10.000 --> 01:49:16.000]  and a lot of the buyers are complaining about this intrusive mosque
[01:49:16.000 --> 01:49:23.000]  that has built a parking lot almost into the residence area there.
[01:49:23.000 --> 01:49:29.000]  Anyway, she finally did get the offer,
[01:49:29.000 --> 01:49:36.000]  and there was an FHA loan that the people were going to buy the house,
[01:49:36.000 --> 01:49:43.000]  and I guess the FHA people came out and took a look at it
[01:49:43.000 --> 01:49:46.000]  and did an appraisal,
[01:49:46.000 --> 01:49:50.000]  and they specifically in their appraisal said,
[01:49:50.000 --> 01:49:59.000]  the subject backs up to a place of worship causing external obsolescence
[01:49:59.000 --> 01:50:02.000]  due to visual pollution,
[01:50:02.000 --> 01:50:08.000]  and I'm wondering if my wife has any recourse as far as the cause of action
[01:50:08.000 --> 01:50:20.000]  to go after this place for making her house considerably less
[01:50:20.000 --> 01:50:26.000]  than what the normal asking price of houses in the area are.
[01:50:26.000 --> 01:50:32.000]  Well, stranger things have happened.
[01:50:32.000 --> 01:50:39.000]  Visual pollution, that sounds like something that she could claim against the mosque
[01:50:39.000 --> 01:50:41.000]  as a cause of action.
[01:50:41.000 --> 01:50:47.000]  Is the visual pollution, if I remember right, you had a fence issue.
[01:50:47.000 --> 01:50:50.000]  Yes, tore down the fence.
[01:50:50.000 --> 01:50:52.000]  Go ahead.
[01:50:52.000 --> 01:50:57.000]  They tore down the fence and prepared for building a wall,
[01:50:57.000 --> 01:51:00.000]  which they never built for two years.
[01:51:00.000 --> 01:51:04.000]  It still hasn't been built. It should have been put up by now.
[01:51:04.000 --> 01:51:06.000]  I think you have a claim.
[01:51:06.000 --> 01:51:10.000]  I would say you have a claim.
[01:51:10.000 --> 01:51:19.000]  Now, that's not authoritative, but there are a number of cases that I've looked at
[01:51:19.000 --> 01:51:26.000]  over interfering with someone's airspace
[01:51:26.000 --> 01:51:32.000]  in that the guy's got a one-story single-family dwelling,
[01:51:32.000 --> 01:51:37.000]  and a company wants to build a 20-story building next to it,
[01:51:37.000 --> 01:51:46.000]  and he stopped them because it would block the light from his property.
[01:51:46.000 --> 01:51:50.000]  Apparently, he had a claim on the light that came to his property.
[01:51:50.000 --> 01:51:54.000]  They couldn't build a 20-story building because of it.
[01:51:54.000 --> 01:52:01.000]  A guy walks across an empty lot to his newspaper stand for 20 years.
[01:52:01.000 --> 01:52:05.000]  Then they build a high-rise on the empty lot.
[01:52:05.000 --> 01:52:08.000]  He forced them to give him an easement.
[01:52:08.000 --> 01:52:14.000]  They had to redesign the high-rise so he could walk through it.
[01:52:14.000 --> 01:52:24.000]  So your wife has this property, and it has a value because it had a fence,
[01:52:24.000 --> 01:52:26.000]  and there was no visual pollution.
[01:52:26.000 --> 01:52:30.000]  The people next door took down the fence to build another one,
[01:52:30.000 --> 01:52:32.000]  but they didn't build the other one,
[01:52:32.000 --> 01:52:38.000]  so now you have it documented that there is visual pollution.
[01:52:38.000 --> 01:52:42.000]  I think you have a claim, but what I suggest is,
[01:52:42.000 --> 01:52:46.000]  is this a Christian church?
[01:52:46.000 --> 01:52:47.000]  We're not sure.
[01:52:47.000 --> 01:52:51.000]  It's either a Muslim or a Hindu mosque.
[01:52:51.000 --> 01:52:52.000]  Okay.
[01:52:52.000 --> 01:52:54.000]  I don't want to offend any Christians out there,
[01:52:54.000 --> 01:52:56.000]  but be careful dealing with Christian churches.
[01:52:56.000 --> 01:53:01.000]  They will work you over.
[01:53:01.000 --> 01:53:02.000]  No, not Christian.
[01:53:02.000 --> 01:53:05.000]  I can tell you that.
[01:53:05.000 --> 01:53:13.000]  If it's a mosque, I'm not sure how they have a whole different set of morals,
[01:53:13.000 --> 01:53:17.000]  and I know there's a lot of pressure on Muslims right now,
[01:53:17.000 --> 01:53:23.000]  but if you really look at the Muslim prescription for life,
[01:53:23.000 --> 01:53:25.000]  it's really pretty good,
[01:53:25.000 --> 01:53:28.000]  and a lot of it goes to taking personal responsibility.
[01:53:28.000 --> 01:53:33.000]  Very good chance if you go talk to the people at the mosque and say,
[01:53:33.000 --> 01:53:35.000]  let's show them this report.
[01:53:35.000 --> 01:53:37.000]  I'm trying to sell my property,
[01:53:37.000 --> 01:53:43.000]  but I can't because of your mosque next door is causing visual pollution.
[01:53:43.000 --> 01:53:50.000]  That may be the impetus they need to build that wall.
[01:53:50.000 --> 01:53:56.000]  Muslims are generally, the religion itself is very amiable,
[01:53:56.000 --> 01:54:00.000]  and if they feel like they've done something to cause you harm,
[01:54:00.000 --> 01:54:04.000]  their religion requires them to correct that.
[01:54:04.000 --> 01:54:12.000]  That may be all the pastor, all the, what's his name,
[01:54:12.000 --> 01:54:19.000]  lost the name of what they call the heads of the mosque, the mullah.
[01:54:19.000 --> 01:54:26.000]  That may be all the mullah needs to encourage the congregation to get the wall built.
[01:54:26.000 --> 01:54:33.000]  Sometimes these things can be handled without getting into the kind of fights we talk about,
[01:54:33.000 --> 01:54:36.000]  especially with neighbors.
[01:54:36.000 --> 01:54:43.000]  If you will talk to your neighbor and you almost always work these things out.
[01:54:43.000 --> 01:54:47.000]  Well, they have talked to her,
[01:54:47.000 --> 01:54:55.000]  and it's kind of funny because they've been making lowball offers on the property.
[01:54:55.000 --> 01:54:57.000]  They actually want the property,
[01:54:57.000 --> 01:55:01.000]  and I think that's one of the reasons they haven't built the wall.
[01:55:01.000 --> 01:55:06.000]  Once you show them this appraisal,
[01:55:06.000 --> 01:55:16.000]  and then you tell them that if you don't build this, why didn't you build the fence?
[01:55:16.000 --> 01:55:18.000]  Oh, why didn't we build it?
[01:55:18.000 --> 01:55:21.000]  I mean, it was probably just a money issue.
[01:55:21.000 --> 01:55:29.000]  Okay. Well, I'm thinking in terms, do you play poker?
[01:55:29.000 --> 01:55:30.000]  Let's play a little poker.
[01:55:30.000 --> 01:55:32.000]  Not a lot, but yeah.
[01:55:32.000 --> 01:55:39.000]  Go out there and stick a stick in the ground at each, at the front and back corner of the property,
[01:55:39.000 --> 01:55:48.000]  and then get a string and tie it to one stick and take it down and tie it to the other stick.
[01:55:48.000 --> 01:55:51.000]  You see where I'm going.
[01:55:51.000 --> 01:55:57.000]  Now they think you're surveying out to build a fence.
[01:55:57.000 --> 01:56:06.000]  If they really want that property, you're about to eliminate their own leverage.
[01:56:06.000 --> 01:56:11.000]  You might get them to make an offer.
[01:56:11.000 --> 01:56:15.000]  Or if she's trying to sell the property, you might go to the, you know,
[01:56:15.000 --> 01:56:18.000]  if you have someone interested but they don't like that issue,
[01:56:18.000 --> 01:56:28.000]  then add the amount it would take to put a fence up into the selling price of the property.
[01:56:28.000 --> 01:56:32.000]  You see that you have a problem because you're in Michigan,
[01:56:32.000 --> 01:56:35.000]  and property values are kind of in the toilet up there right now.
[01:56:35.000 --> 01:56:41.000]  Are you in one of the areas that are badly affected by this?
[01:56:41.000 --> 01:56:43.000]  Not in this particular area.
[01:56:43.000 --> 01:56:52.000]  It is hit, you know, all over the place, but it's going up and it's in a good time, you know.
[01:56:52.000 --> 01:56:54.000]  This is the time to sell.
[01:56:54.000 --> 01:56:59.000]  I'm just waiting for it to go down again, you know.
[01:56:59.000 --> 01:57:00.000]  Okay.
[01:57:00.000 --> 01:57:05.000]  Well, I would suggest that you go out there and drive some stakes in the ground,
[01:57:05.000 --> 01:57:10.000]  tie a string on it, you know, maybe six feet high,
[01:57:10.000 --> 01:57:14.000]  and pull it down to the stake on the other end of the property,
[01:57:14.000 --> 01:57:17.000]  and then tie some little flags on it,
[01:57:17.000 --> 01:57:21.000]  and do a little production like you're getting ready to build a fence.
[01:57:21.000 --> 01:57:26.000]  If it looks like you're going to build a fence to sell the property to somebody else,
[01:57:26.000 --> 01:57:29.000]  you know, they're making you your low wall properties
[01:57:29.000 --> 01:57:34.000]  because they think they've done something to keep you from being able to sell it.
[01:57:34.000 --> 01:57:38.000]  Play a little brinksmanship with them.
[01:57:38.000 --> 01:57:40.000]  That's it.
[01:57:40.000 --> 01:57:43.000]  Go to them and say, guys, I really need you to build this fence.
[01:57:43.000 --> 01:57:51.000]  I got an offer of one and a half times what they offered you for this property,
[01:57:51.000 --> 01:57:57.000]  but they want a fence here, so either I'm going to put up a fence,
[01:57:57.000 --> 01:58:04.000]  or if you want a fence that's nicer than mine, you can put it up if you want to.
[01:58:04.000 --> 01:58:09.000]  So what do you want to do? Should I go ahead and build my fence?
[01:58:09.000 --> 01:58:16.000]  If they want that property, this would probably give them impetus to get off the die.
[01:58:16.000 --> 01:58:20.000]  Okay, we are out of time.
[01:58:20.000 --> 01:58:24.000]  Thank you, Rich. This is Randy Kelton on the Rule of Law Radio.
[01:58:24.000 --> 01:58:26.000]  Thank you all for listening.
[01:58:26.000 --> 01:58:29.000]  We'll be back Thursday night with our two-hour show,
[01:58:29.000 --> 01:58:33.000]  and then back again next Friday with our four-hour info marathon.
[01:58:33.000 --> 01:58:37.000]  And we have Eddie Craig on Monday nights with his traffic show.
[01:58:37.000 --> 01:58:39.000]  You might find that interesting.
[01:58:39.000 --> 01:58:50.000]  Thank you all for listening, and good night.
[01:58:50.000 --> 01:58:55.000]  Bibles for America is offering absolutely free a unique study Bible
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