[00:00.000 --> 00:06.000]  The following news flash is brought to you by the Lone Star Lowdown, providing your daily
[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 alternatives.
[00:21.000 --> 00:28.000]  Markets for the 6th of January 2016 opened up with gold at $1,093.40 an ounce, silver
[00:28.000 --> 00:35.000]  at $1.99 an ounce, Texas crude at $35.97 a barrel, and Bitcoin is currently at $431
[00:35.000 --> 00:41.000]  U.S. currency.
[00:41.000 --> 00:48.000]  Today in history, Monday, January 6, 1958, Gibson patents its Flying V guitar, an electric
[00:48.000 --> 00:56.000]  guitar model with a radical futuristic V-body design.
[00:56.000 --> 01:00.000]  Here at the Lone Star Lowdown, we pride ourselves in bringing you the headlines of the day without
[01:00.000 --> 01:02.000]  the hype and media bias.
[01:02.000 --> 01:04.000]  As a result, we are always having to correct the narrative.
[01:04.000 --> 01:07.000]  So to cut to the chase, we are sorry for reporting some falsehoods yesterday.
[01:07.000 --> 01:11.000]  The Bundy situation in Oregon is not a standoff or occupation.
[01:11.000 --> 01:15.000]  According to the Citizens for Constitutional Freedom press conference, they are simply
[01:15.000 --> 01:19.000]  reclaiming the federal wildlife refuge for the state of Oregon and its citizenry, specifically
[01:19.000 --> 01:22.000]  all the ranchers that have had to give up lands to the BLM.
[01:22.000 --> 01:26.000]  Dwight Hammond and his son, Stephen, are facing terrorism charges and resentencing.
[01:26.000 --> 01:30.000]  The point of the land burns, which eventually spread from their land to federal lands, was
[01:30.000 --> 01:33.000]  for ranching purposes and not agricultural reasons.
[01:33.000 --> 01:36.000]  We are sorry for the incorrect reporting of the other day.
[01:36.000 --> 01:40.000]  Regardless of who drops the ball, the media, or even ourselves, we are always here to correct
[01:40.000 --> 01:46.000]  and clarify.
[01:46.000 --> 01:51.000]  The TransCanada Corporation has filed a lawsuit in a U.S. federal court in Houston, Texas
[01:51.000 --> 01:56.000]  stating that President Barack Obama's ban on the Keystone Pipeline supersedes his legitimate
[01:56.000 --> 01:58.000]  powers within the Constitution.
[01:58.000 --> 02:02.000]  Through a NAFTA claim, TransCanada is seeking to receive compensation for more than $15
[02:02.000 --> 02:11.000]  billion in the expenditures and damages it has accumulated as a result of the permit ban.
[02:11.000 --> 02:16.000]  Governor Jerry Brown declared a state of emergency today, ordering California state agencies
[02:16.000 --> 02:20.000]  to move as rapidly as possible in fixing a gas leak, which has been spewing 110,000 pounds
[02:20.000 --> 02:23.000]  of natural gas per hour since October of last year.
[02:23.000 --> 02:27.000]  His declaration comes after previous attempts to plug the leak of methane have failed.
[02:27.000 --> 02:31.000]  He stated that, quote, seven state agencies are mobilized to protect public health, oversee
[02:31.000 --> 02:36.000]  Southern California's gas companies' actions to stop the leak, track methane emissions,
[02:36.000 --> 02:41.000]  ensure worker safety, safeguard energy reliability, and address any other problems stemming from
[02:41.000 --> 02:44.000]  the leak.
[02:44.000 --> 02:48.000]  The Lone Star Lowdown is currently looking to fill some advertising slots.
[02:48.000 --> 02:51.000]  So if you have a product or a service you'd like to advertise with us, feel free to give
[02:51.000 --> 02:55.000]  us a call at 210-363-2257.
[02:55.000 --> 03:00.000]  This has been your Lowdown for January 6, 2016.
[03:00.000 --> 03:29.000]  OK, we are back.
[03:29.000 --> 03:35.000]  Randy Kelton, Rue of La Radio, and we're talking to Truthrader in Oregon.
[03:35.000 --> 03:38.000]  OK, what else do you have for us?
[03:38.000 --> 03:40.000]  Well, I've got a couple of things.
[03:40.000 --> 03:41.000]  Two different subjects.
[03:41.000 --> 03:44.000]  I want to just give you an update of what's going on with this, which seems to be a bit
[03:44.000 --> 03:52.000]  of good news concerning renting and the business of rental properties, et cetera.
[03:52.000 --> 03:59.000]  But the good news about that is that in the future, the governor of Oregon, Kay Brown,
[03:59.000 --> 04:04.000]  took some legal action, and it was on our local news during the summer.
[04:04.000 --> 04:05.000]  I missed it.
[04:05.000 --> 04:06.000]  I didn't see it.
[04:06.000 --> 04:10.000]  I was busy going from place to place until I got moved in here to the house here.
[04:10.000 --> 04:17.000]  And she's put some type of an injunction against landlords, some type of a hold that they're
[04:17.000 --> 04:23.000]  not allowed to put people out without giving a written reason, without a cause.
[04:23.000 --> 04:34.000]  And instead of 60 days, she moved to force them to give the tenants 90 days to be able to move.
[04:34.000 --> 04:36.000]  So that's the good news concerning that.
[04:36.000 --> 04:44.000]  That will certainly change the calculation, because if you're up in the rent, let's say
[04:44.000 --> 04:52.000]  you're paying 500 bucks a month for rent, and they want to up it to 550.
[04:52.000 --> 04:56.000]  So they give you three months.
[04:56.000 --> 05:00.000]  They have to give you three months to move, and you're going to stop paying.
[05:00.000 --> 05:07.000]  So it's going to cost them 1,500 bucks to get you out of there.
[05:07.000 --> 05:17.000]  It's going to take them two years to collect that 1,500 bucks they're going to lose back.
[05:17.000 --> 05:19.000]  Right.
[05:19.000 --> 05:23.000]  So it sure changes the calculation quite a bit.
[05:23.000 --> 05:26.000]  Yeah, the hypothetical scenario.
[05:26.000 --> 05:30.000]  Yeah, well, I paid my rent full, and I gave me a full refund.
[05:30.000 --> 05:35.000]  They tried to charge me for a couple of extra things in repairs, which were nonexistent.
[05:35.000 --> 05:42.000]  They were going to charge me for a new carpet, but the carpet was old when I first moved in there,
[05:42.000 --> 05:46.000]  so they reversed that, and they gave me back my deposit concerning the carpet.
[05:46.000 --> 05:49.000]  So I just wiped my hands clean of that.
[05:49.000 --> 05:51.000]  So that's the good news about that.
[05:51.000 --> 05:53.000]  I'm done and finished, and I don't know.
[05:53.000 --> 06:00.000]  I don't think I have any legal recourse in any other way concerning trying to find some liability
[06:00.000 --> 06:04.000]  on their part for doing what they did, because it is their property.
[06:04.000 --> 06:09.000]  And at that time, it was prior to the governor getting involved,
[06:09.000 --> 06:14.000]  and that's why I don't think I can do anything retroactively against them concerning that.
[06:14.000 --> 06:17.000]  But that's not my biggest challenge.
[06:17.000 --> 06:21.000]  My biggest challenge is this, and I've been calling Eddie for quite some time,
[06:21.000 --> 06:24.000]  and I think he's maybe a little tired of me, maybe a little frustrated with me,
[06:24.000 --> 06:29.000]  doesn't feel that I'm really doing my studies, doing things I need to do.
[06:29.000 --> 06:35.000]  So if it's difficult, I want to maybe talk to you a little bit about it, about the transportation code
[06:35.000 --> 06:38.000]  and what's going on with the OCA code.
[06:38.000 --> 06:42.000]  I received my first ticket in June of last year,
[06:42.000 --> 06:49.000]  and I did the best I could in court for the motion to dismiss.
[06:49.000 --> 06:55.000]  Where do they have jurisdiction over private travelers when I'm not in the contract?
[06:55.000 --> 07:00.000]  I deal to them information that proves that the vehicle code
[07:00.000 --> 07:05.000]  and the Oregon Revised Statute is all concerning transportation,
[07:05.000 --> 07:08.000]  and driving is all commercial.
[07:08.000 --> 07:10.000]  But it didn't matter, they just listened to it.
[07:10.000 --> 07:13.000]  All right, well, I go ahead, and the judge said,
[07:13.000 --> 07:17.000]  I'm going to go ahead and find you guilty of driving while suspended
[07:17.000 --> 07:19.000]  and driving without insurance.
[07:19.000 --> 07:22.000]  So it didn't matter anyway, no matter what I did.
[07:22.000 --> 07:28.000]  I said, well, I motion to disqualify, and they won't let me do that either.
[07:28.000 --> 07:31.000]  So I just let it go.
[07:31.000 --> 07:32.000]  I didn't sign any paperwork.
[07:32.000 --> 07:36.000]  I said, you know, I refuse, and I'm looking to appeal.
[07:36.000 --> 07:40.000]  Did you say, did you appeal?
[07:40.000 --> 07:44.000]  They wanted me to post all the money in front, and I didn't have the money to do so.
[07:44.000 --> 07:48.000]  Did you file in form of populous?
[07:48.000 --> 07:51.000]  No, I didn't know where to go to find out where I can get that
[07:51.000 --> 07:53.000]  or where I can do that.
[07:53.000 --> 07:56.000]  Did you learn anything?
[07:56.000 --> 08:00.000]  Yeah, I learned that it's a kangaroo court.
[08:00.000 --> 08:02.000]  They have a script, what they read.
[08:02.000 --> 08:06.000]  Wait a minute, you've got to understand, and we keep saying this.
[08:06.000 --> 08:10.000]  The trial court, your only purpose is to set the record for appeal.
[08:10.000 --> 08:12.000]  You're going to fight this thing.
[08:12.000 --> 08:16.000]  Then you have to be prepared for appeal.
[08:16.000 --> 08:17.000]  Right.
[08:17.000 --> 08:20.000]  The only purpose in the trial court is to set the record.
[08:20.000 --> 08:24.000]  You don't care what that jack leg does.
[08:24.000 --> 08:27.000]  And if it's traffic, you don't care what it is.
[08:27.000 --> 08:31.000]  You don't even have to set the record.
[08:31.000 --> 08:35.000]  You can just tell him, yeah, knock yourself out, have fun.
[08:35.000 --> 08:39.000]  We'll take this to the appeals court and fight your fight there.
[08:39.000 --> 08:46.000]  But it's worth it to fight the local court because you get a better idea.
[08:46.000 --> 08:50.000]  You get some experience handling yourself in court.
[08:50.000 --> 08:51.000]  Right.
[08:51.000 --> 08:59.000]  And once you get the rubber ball theory down, you go in there and really work them over.
[08:59.000 --> 09:01.000]  Okay.
[09:01.000 --> 09:04.000]  It's a lot more fun when you start jerking them around.
[09:04.000 --> 09:06.000]  Okay, what else do you have for us?
[09:06.000 --> 09:12.000]  Well, I don't know if I expired my time, if I'm out of the time frame,
[09:12.000 --> 09:15.000]  if my statute of limitations is over.
[09:15.000 --> 09:18.000]  How old is the ticket?
[09:18.000 --> 09:19.000]  Oh, that was in June.
[09:19.000 --> 09:22.000]  And I got to go to court on it for the first time in August.
[09:22.000 --> 09:29.000]  And then in September was my trial.
[09:29.000 --> 09:30.000]  Okay.
[09:30.000 --> 09:33.000]  And you generally, detectives, you've got 10 days to appeal.
[09:33.000 --> 09:36.000]  And the maximum you're going to have to appeal is 30 days.
[09:36.000 --> 09:39.000]  So I would say your time is up.
[09:39.000 --> 09:40.000]  Okay.
[09:40.000 --> 09:42.000]  I'm also going to say.
[09:42.000 --> 09:43.000]  Okay.
[09:43.000 --> 09:47.000]  Pick your fights real careful.
[09:47.000 --> 09:52.000]  If you're going to get into one of these fights, don't wait for them to bring the fight to you.
[09:52.000 --> 09:58.000]  If you want to have the fight on these issues, you go pick it.
[09:58.000 --> 10:02.000]  Works a whole lot better when you pick the fight.
[10:02.000 --> 10:04.000]  Okay.
[10:04.000 --> 10:11.000]  And pick a fight you want to have and that you're prepared for.
[10:11.000 --> 10:12.000]  Right.
[10:12.000 --> 10:13.000]  And it's great fun.
[10:13.000 --> 10:19.000]  You know, once you start working them over for good, they don't want you in their court for anything else.
[10:19.000 --> 10:24.000]  I had the sheriff's deputy come to me and he said, what'd you do the sheriff?
[10:24.000 --> 10:27.000]  And I said, well, I hadn't done anything to him lately.
[10:27.000 --> 10:28.000]  Why?
[10:28.000 --> 10:29.000]  He said, well, we had roll call this morning.
[10:29.000 --> 10:31.000]  He asked who here knew Randy Kelton.
[10:31.000 --> 10:33.000]  He said about half of us raised our hand.
[10:33.000 --> 10:38.000]  And the sheriff said, look, you are not to stop him.
[10:38.000 --> 10:46.000]  You are not to cite him and whatever you do, don't put that SOB in my jail.
[10:46.000 --> 10:52.000]  You give them a good fight, they don't want anything to do with you anymore.
[10:52.000 --> 10:54.000]  Well, that would be my ultimate goal.
[10:54.000 --> 10:58.000]  I'd love to be able to say that I could, you know, stand in the same shoes as Randy Kelton.
[10:58.000 --> 11:01.000]  He's got that special.
[11:01.000 --> 11:02.000]  You have to.
[11:02.000 --> 11:07.000]  A lot of the fights I've had with him, I picked them.
[11:07.000 --> 11:13.000]  I went down to the prosecuting attorney and requested information under the open records act.
[11:13.000 --> 11:18.000]  And he hopped up and down, railed and wrapped, that's his indignation.
[11:18.000 --> 11:24.000]  And objected to the attorney general and I filed a response to his objection.
[11:24.000 --> 11:27.000]  And the attorney general told him to give it to me.
[11:27.000 --> 11:29.000]  So he is furious.
[11:29.000 --> 11:34.000]  And I go down there to get it and I'm sitting down reading the documentation.
[11:34.000 --> 11:39.000]  He told me I had to get out of the office and I told him, beat it.
[11:39.000 --> 11:41.000]  He got real excited.
[11:41.000 --> 11:47.000]  So I called 911 and while the prosecutor is screaming at me in the background,
[11:47.000 --> 11:53.000]  I'm asking the 911 operator to dispatch somebody to arrest him because under the open records act,
[11:53.000 --> 11:59.000]  he's to give me all facility and comfort in the examination of the records.
[11:59.000 --> 12:02.000]  And he's trying to throw me out in the street.
[12:02.000 --> 12:13.000]  So that's what I wound up getting the district judge because I was,
[12:13.000 --> 12:20.000]  the sheriff refused to dispatch and I was in the court, in the judge's court.
[12:20.000 --> 12:26.000]  He was empty talking to the head bailiff at the direction of the high sheriff of the county,
[12:26.000 --> 12:29.000]  making a criminal complaint against the district attorney.
[12:29.000 --> 12:34.000]  The judge has come running in, Mr. Kelton, you're creating a disturbance.
[12:34.000 --> 12:37.000]  You get out of this courthouse or I'll have you arrested.
[12:37.000 --> 12:41.000]  And I said, oh, gee whiz, judge, I'm sorry.
[12:41.000 --> 12:45.000]  And I reached in my pocket and I jerked out this little digital recorder,
[12:45.000 --> 12:53.000]  poked the button on it, stuck it in his face and said, will you say that again?
[12:53.000 --> 12:59.000]  He just stood there huffing and then spun around and charged out of there.
[12:59.000 --> 13:06.000]  I charged him with making a terroristic threat and filed it with the attorney general.
[13:06.000 --> 13:11.000]  Oh, that was so much fun.
[13:11.000 --> 13:13.000]  I can see me doing that sometime in the future.
[13:13.000 --> 13:17.000]  Once I get all the knowledge I need, I get good at this.
[13:17.000 --> 13:23.000]  Okay, did you listen to the rubber ball theory portion?
[13:23.000 --> 13:25.000]  Yes, I did. That was interesting.
[13:25.000 --> 13:27.000]  Yeah, I appreciate your diatribes.
[13:27.000 --> 13:31.000]  Go back and listen to that again.
[13:31.000 --> 13:34.000]  And then you listen to the stories that I tell.
[13:34.000 --> 13:41.000]  I mean, that one right there, that's what I'm doing.
[13:41.000 --> 13:46.000]  When that judge comes charging in there or threatening to have me arrested,
[13:46.000 --> 13:48.000]  oh, I'm sorry, judge.
[13:48.000 --> 13:53.000]  And I snapped that little recorder out of my pocket and poked the button on it.
[13:53.000 --> 13:58.000]  He just stood there frozen in his tracks.
[13:58.000 --> 14:00.000]  And I know what he's thinking.
[14:00.000 --> 14:05.000]  The darn prosecutor, he didn't tell me everything.
[14:05.000 --> 14:09.000]  But he was interrupted. He was stopped in his tracks.
[14:09.000 --> 14:15.000]  Most every story you hear me tell, it involves interrupting him.
[14:15.000 --> 14:18.000]  And it is very powerful.
[14:18.000 --> 14:21.000]  Once you get that part down,
[14:21.000 --> 14:28.000]  then we get to some really sophisticated linguistic structures that will make them nuts.
[14:28.000 --> 14:48.000]  Objection, Your Honor, assumes a fact not in all evidence, contains a distortion deletion with a distortion deletion by, what's the term?
[14:48.000 --> 14:52.000]  Missing operative. I'll have to go back and reread it.
[14:52.000 --> 14:57.000]  I need to present this because I need to study it more.
[14:57.000 --> 15:01.000]  These things say they're really sophisticated.
[15:01.000 --> 15:06.000]  And most of us try to think of as a lost performative.
[15:06.000 --> 15:09.000]  They're not going to know what a lost performative is.
[15:09.000 --> 15:13.000]  But once you begin to understand these structures,
[15:13.000 --> 15:20.000]  you will be able to take their language apart in a way that they don't even understand.
[15:20.000 --> 15:26.000]  Lost performatives, for the most part, the prosecutor is not going to know what it is.
[15:26.000 --> 15:33.000]  You know, we get guys on the show, sometimes I call the guys preaching patriot mythology.
[15:33.000 --> 15:41.000]  And they say, oh, well, in 1931, there was a bankruptcy and therefore you can't pay your bill.
[15:41.000 --> 15:43.000]  You can't pay a bill.
[15:43.000 --> 15:44.000]  You can only extinguish it.
[15:44.000 --> 15:48.000]  And I want an objection, lost performative.
[15:48.000 --> 15:52.000]  How did you get from this place to the second place?
[15:52.000 --> 15:56.000]  Because they'll make that jump and then they'll do another one and do another.
[15:56.000 --> 15:58.000]  This is the case. Therefore, that's the case.
[15:58.000 --> 16:02.000]  This is that since that's the case, this is the case, this is the case.
[16:02.000 --> 16:05.000]  Keating, I looked on his website first page.
[16:05.000 --> 16:13.000]  I have six presuppositions in for him justifying his point.
[16:13.000 --> 16:21.000]  And I didn't buy the first supposition because it had a lost performative, lost performative.
[16:21.000 --> 16:28.000]  When you claim something is so and you don't show how it is so.
[16:28.000 --> 16:29.000]  Right.
[16:29.000 --> 16:32.000]  Never make a proactive statement of law out of your own mouth.
[16:32.000 --> 16:35.000]  Because if you do, it has a lost performative.
[16:35.000 --> 16:40.000]  When you start sticking these down those judges' throats, they're going to go bonkers.
[16:40.000 --> 16:42.000]  OK. Do you have anything else for us?
[16:42.000 --> 16:43.000]  We're about to go to work.
[16:43.000 --> 16:45.000]  Yes, I do. I have some questions for you, Randy.
[16:45.000 --> 16:46.000]  OK.
[16:46.000 --> 16:48.000]  We'll pick it up on the other side.
[16:48.000 --> 16:51.000]  Randy Kelton, Real Well Radio, we'll be right back.
[17:18.000 --> 17:20.000]  We'll be right back.
[17:48.000 --> 17:51.000]  We'll be right back.
[18:18.000 --> 18:23.760]  In a world where natural foods have been irradiated, adulterated and mutilated, Young Jevity can
[18:23.760 --> 18:26.240]  provide the nutrients you need.
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[18:30.880 --> 18:32.000]  we reject.
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[18:37.240 --> 18:40.080]  Alex Jones, Ben Fuchs and many others.
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[18:46.360 --> 18:47.960]  quality radio.
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[18:58.960 --> 18:59.960]  Order now.
[18:59.960 --> 19:04.960]  You are listening to the Logos Radio Network, the logosradionetwork.com.
[19:04.960 --> 19:18.960]  Well, don't let nothing get to you, only the Father can deliver you, but don't let
[19:18.960 --> 19:23.960]  bad-minded people hurt you until they can get behind you.
[19:23.960 --> 19:24.960]  Thank you.
[19:24.960 --> 19:25.960]  Okay, we are back.
[19:25.960 --> 19:26.960]  Randy Kelton, Wheelbob Radio.
[19:26.960 --> 19:28.960]  We're going to Truth Radio in Oregon.
[19:28.960 --> 19:29.960]  Hello, Truths.
[19:29.960 --> 19:30.960]  Hello, Truths.
[19:30.960 --> 19:31.960]  Are you there?
[19:31.960 --> 19:39.960]  Well, it looks like we may have a problem with your call.
[19:39.960 --> 19:41.960]  Truth, will you call back in?
[19:41.960 --> 19:43.960]  I think your line is dropped.
[19:43.960 --> 19:46.960]  Okay, we're going to go to Mark in Wisconsin.
[19:46.960 --> 19:47.960]  Hello, Mark.
[19:47.960 --> 19:48.960]  Hello, Mr. Kelton.
[19:48.960 --> 19:53.960]  How are you this fine evening?
[19:53.960 --> 19:54.960]  I am wonderful.
[19:54.960 --> 19:57.960]  I don't care what everybody says.
[19:57.960 --> 20:01.960]  Have you been having fun here lately?
[20:01.960 --> 20:06.960]  Well, it all depends on who you're going to ask.
[20:06.960 --> 20:11.960]  If you ask the attorneys I've been dealing with, no, I'm not fun.
[20:11.960 --> 20:14.960]  If you ask me, I'm just a barrel of joy.
[20:14.960 --> 20:17.960]  I kind of suspected that.
[20:17.960 --> 20:19.960]  What have you been up to?
[20:19.960 --> 20:25.960]  Well, I've been trying to make a little bit of trouble for a public defender.
[20:25.960 --> 20:33.960]  A public defender managed to get into a case involving a person that I know,
[20:33.960 --> 20:37.960]  and I'm being asked to help this guy.
[20:37.960 --> 20:40.960]  Of course, I can't really do a lot.
[20:40.960 --> 20:44.960]  For one thing, he can't say anything to me because I'm subpoenaable.
[20:44.960 --> 20:48.960]  I'm not an attorney.
[20:48.960 --> 20:49.960]  Hold on, hold on.
[20:49.960 --> 20:53.960]  He can't say anything to you because you're subpoenaable?
[20:53.960 --> 20:55.960]  Are you a witness in the case?
[20:55.960 --> 20:59.960]  I'm not a witness in the case, but if he tells me anything about what's going on
[20:59.960 --> 21:03.960]  with details that aren't part of the public record of that,
[21:03.960 --> 21:07.960]  I could become subpoenaable, can't I?
[21:07.960 --> 21:11.960]  No, anything he tells you is hearsay.
[21:11.960 --> 21:13.960]  Oh, well, all right.
[21:13.960 --> 21:16.960]  Well, yeah, maybe you are subpoenaable.
[21:16.960 --> 21:20.960]  Yeah, it's best for me to avoid the situation in him also,
[21:20.960 --> 21:23.960]  the way I'm approaching it.
[21:23.960 --> 21:26.960]  But in the process, he said, you know, what can I do?
[21:26.960 --> 21:29.960]  And I said, well, why don't you create a couple of motions?
[21:29.960 --> 21:33.960]  One motion, move to dismiss the case.
[21:33.960 --> 21:37.960]  They hadn't even gotten through the bail part and everything else.
[21:37.960 --> 21:41.960]  He put in a motion to dismiss with no supporting evidence whatsoever.
[21:41.960 --> 21:43.960]  And I said, you know, they're going to bounce that.
[21:43.960 --> 21:44.960]  It's garbage.
[21:44.960 --> 21:47.960]  And he said, the other thing, though, and this one isn't that garbage,
[21:47.960 --> 21:51.960]  task for co-counsel for the public defender.
[21:51.960 --> 21:56.960]  And oh, my goodness, what anger from the public defender,
[21:56.960 --> 21:58.960]  according to this gentleman.
[21:58.960 --> 22:02.960]  Public defender went so far as to say, are you ready to try this case tomorrow?
[22:02.960 --> 22:06.960]  Because tomorrow happened to be the next hearing day.
[22:06.960 --> 22:10.960]  And it was the first day the public defender had actually met with him.
[22:10.960 --> 22:16.960]  So I told him about the wonders of Wisconsin in CR20.
[22:16.960 --> 22:19.960]  You didn't have that guy bar grieve, did you?
[22:19.960 --> 22:21.960]  I've read it.
[22:21.960 --> 22:25.960]  I suggested that, you know, perhaps what he should do is work,
[22:25.960 --> 22:27.960]  have sheets of paper with him.
[22:27.960 --> 22:31.960]  And as things happen, he writes down the stuff as he feels he's being,
[22:31.960 --> 22:33.960]  a grievable offense has happened.
[22:33.960 --> 22:37.960]  And I suggested, you know, maybe you type up all your bar grievances
[22:37.960 --> 22:39.960]  and have a folder with you.
[22:39.960 --> 22:42.960]  And, you know, you're absent minded if you left the folder behind
[22:42.960 --> 22:44.960]  and came back a half hour later.
[22:44.960 --> 22:51.960]  Oh, well, that's, you know, you're absent minded, la-di-da.
[22:51.960 --> 22:56.960]  So that fun is just starting there.
[22:56.960 --> 23:03.960]  I finally have gotten the go ahead to work with going after the law firm
[23:03.960 --> 23:10.960]  that originally created all the problems when I started calling you back in 2012.
[23:10.960 --> 23:16.960]  At that law firm, the person, the group of people who are actually a customer,
[23:16.960 --> 23:21.960]  paying customer, wrote them a letter saying we want our files.
[23:21.960 --> 23:26.960]  And they wrote back a one page, two paragraph letter going,
[23:26.960 --> 23:30.960]  you're not our customer and we have no files of yours.
[23:30.960 --> 23:33.960]  Sure, we're working on that as a bar grievance,
[23:33.960 --> 23:36.960]  but, you know, to create a little bit of politics because, you know,
[23:36.960 --> 23:38.960]  we like doing that.
[23:38.960 --> 23:43.960]  So I reached out to not only the lawyer who left the firm,
[23:43.960 --> 23:51.960]  but the boss who left the firm and said, yeah, you know, while you'd left the firm
[23:51.960 --> 23:55.960]  and these requests were made probably after you'd left,
[23:55.960 --> 23:59.960]  what I want from you is your insurance, name of your insurance carrier.
[23:59.960 --> 24:04.960]  And then to the boss I said, you know, as a boss you understand,
[24:04.960 --> 24:08.960]  sometimes you've got to, you know, go up the chain of command.
[24:08.960 --> 24:13.960]  We've tried two different times to have these people give us our paperwork
[24:13.960 --> 24:18.960]  and asking a third time doesn't seem to be productive,
[24:18.960 --> 24:25.960]  so I'm asking you to look into this matter, think about it, and get back to us.
[24:25.960 --> 24:29.960]  So that was sent around 4 p.m. today.
[24:29.960 --> 24:34.960]  I have of all something to think about this weekend.
[24:34.960 --> 24:40.960]  So he's looking at, did you happen to mention Respondi at Superior?
[24:40.960 --> 24:43.960]  I did not mention Respondi at Superior.
[24:43.960 --> 24:44.960]  I did.
[24:44.960 --> 24:51.960]  You know, I figured just asking for, okay, who's your insurance carrier ought to get them all cinched,
[24:51.960 --> 24:54.960]  their underwear cinched up a couple of notches.
[24:54.960 --> 24:57.960]  Good chance it did.
[24:57.960 --> 25:04.960]  I'm not sure they have any obligation to turn that information over though.
[25:04.960 --> 25:11.960]  If it was a client record, even if he's not a client now,
[25:11.960 --> 25:15.960]  if at the time it was a client record, they have to turn it over.
[25:15.960 --> 25:16.960]  Okay.
[25:16.960 --> 25:21.960]  At least it's in the American Bar Association model standards.
[25:21.960 --> 25:22.960]  All right.
[25:22.960 --> 25:25.960]  That they absolutely have to or that's a grievance.
[25:25.960 --> 25:27.960]  Right, right.
[25:27.960 --> 25:32.960]  And if those documents belong to the litigant, not to the lawyer?
[25:32.960 --> 25:34.960]  Mm-hmm.
[25:34.960 --> 25:37.960]  They're private properties of the litigant.
[25:37.960 --> 25:39.960]  Wonderful.
[25:39.960 --> 25:40.960]  All right.
[25:40.960 --> 25:42.960]  So we got the grievance stuff there for them.
[25:42.960 --> 25:45.960]  Yay, the state of Wisconsin will get to hear from me again.
[25:45.960 --> 25:49.960]  Won't they love that?
[25:49.960 --> 25:52.960]  Then let's see, what was the other little gem?
[25:52.960 --> 26:00.960]  Now, I'm not sure how to get this convoluted portion of this mess figured out.
[26:00.960 --> 26:07.960]  But what appears to have happened is there were some ownership issues with this business.
[26:07.960 --> 26:16.960]  And during the litigation, the attorney who was litigating against the other group of people,
[26:16.960 --> 26:22.960]  that attorney should have become aware that there was this ownership issue.
[26:22.960 --> 26:29.960]  And I'm thinking that if you have a situation where one person in the litigation,
[26:29.960 --> 26:33.960]  you're all in theory on the same side.
[26:33.960 --> 26:41.960]  And one of the people on your side of the table with your lawyer is revealed to not be an owner
[26:41.960 --> 26:46.960]  because you went bankrupt and dissolved the company that held the shares.
[26:46.960 --> 26:52.960]  And per the operating agreement, which the attorney has, it says, per Wisconsin law,
[26:52.960 --> 26:58.960]  unless everybody plays kissy face ahead of time and agrees that it's okay you're going bankrupt,
[26:58.960 --> 27:02.960]  you're still a member, you ain't a member.
[27:02.960 --> 27:06.960]  The opposition brought that up multiple times in the litigation.
[27:06.960 --> 27:16.960]  The attorneys, their attorney ignored it and seems to have, before litigation started,
[27:16.960 --> 27:20.960]  tried to get it addressed by sending them to a different attorney.
[27:20.960 --> 27:28.960]  So if the case is these attorneys should have known that this one guy pretending to be the owner wasn't the owner,
[27:28.960 --> 27:34.960]  one, did they have an obligation to tell the other owners, hey, you've got a pretender here?
[27:34.960 --> 27:40.960]  And two, how do I prove it?
[27:40.960 --> 27:44.960]  How would you prove that he wasn't an owner?
[27:44.960 --> 27:46.960]  Well, no, we've got this.
[27:46.960 --> 27:49.960]  What was that last question?
[27:49.960 --> 27:56.960]  How do I prove that the attorney knew and then didn't tell the other owners?
[27:56.960 --> 28:03.960]  With the theory that the attorney had an obligation since who was contracted was the owners.
[28:03.960 --> 28:04.960]  Did the...
[28:04.960 --> 28:06.960]  Say, hey, you've got a pretender here.
[28:06.960 --> 28:13.960]  Did the attorney have anything that could be construed as notice?
[28:13.960 --> 28:20.960]  In the sense that the opposition filed multiple briefs saying this guy who's the pretender ain't the owner,
[28:20.960 --> 28:22.960]  I guess that's notice.
[28:22.960 --> 28:24.960]  That's enough notice.
[28:24.960 --> 28:25.960]  So he had notice.
[28:25.960 --> 28:27.960]  Good.
[28:27.960 --> 28:32.960]  This lawyer, was he a lawyer just for the imposter?
[28:32.960 --> 28:35.960]  Or was he a lawyer for the other clients?
[28:35.960 --> 28:43.960]  For the firm, which would be the owners and the imposter was also the president.
[28:43.960 --> 28:44.960]  Okay.
[28:44.960 --> 28:49.960]  So he was a lawyer for the other litigants, but okay.
[28:49.960 --> 28:50.960]  No, no.
[28:50.960 --> 28:53.960]  He was a lawyer for these guys in question.
[28:53.960 --> 28:59.960]  I mean, the ones that the guys he didn't give notice to, he was their lawyer.
[28:59.960 --> 29:00.960]  Yes.
[29:00.960 --> 29:04.960]  Okay, so here's the issue.
[29:04.960 --> 29:08.960]  How do you have standing to raise that issue?
[29:08.960 --> 29:19.960]  Oh, I don't have standing to do squat other than help the people who didn't get told collect the money from the attorney.
[29:19.960 --> 29:26.960]  Okay, so the guys who didn't get told can certainly sue their attorney for malpractice.
[29:26.960 --> 29:28.960]  Okay.
[29:28.960 --> 29:30.960]  Definitely a remedy there.
[29:30.960 --> 29:31.960]  Good.
[29:31.960 --> 29:35.960]  That's what I told them.
[29:35.960 --> 29:36.960]  Okay, good.
[29:36.960 --> 29:39.960]  Do you have anything else for us?
[29:39.960 --> 29:47.960]  I do have more follow-up on 2014 show of yours.
[29:47.960 --> 29:49.960]  Okay.
[29:49.960 --> 29:50.960]  Okay.
[29:50.960 --> 29:51.960]  On the other side.
[29:51.960 --> 30:01.960]  Okay, we'll be right back.
[30:01.960 --> 30:06.960]  Why do Americans order extra large portions of food when smaller servings would suffice?
[30:06.960 --> 30:08.960]  I'm Dr. Catherine Albrecht.
[30:08.960 --> 30:14.960]  In a moment, I'll share an interesting new study that may shed some light on the psychology of overeating.
[30:14.960 --> 30:16.960]  Privacy is under attack.
[30:16.960 --> 30:19.960]  When you give up data about yourself, you'll never get it back again.
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[30:24.960 --> 30:29.960]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:29.960 --> 30:32.960]  Privacy, it's worth hanging on to.
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[30:43.960 --> 30:49.960]  Food is one of life's great pleasures, but too much can lead to a host of problems like heart disease and diabetes.
[30:49.960 --> 30:53.960]  So why do Americans keep opting for enormous food portions?
[30:53.960 --> 30:57.960]  Northwestern University researchers think it has to do with class consciousness.
[30:57.960 --> 31:03.960]  Like cars and TVs, Americans equate larger food portions with higher social status.
[31:03.960 --> 31:11.960]  People told researchers that drinking a large coffee meant someone was probably wealthier than someone else drinking a small size, even when the price was the same.
[31:11.960 --> 31:16.960]  So it follows that people who are feeling poor may try to compensate with bigger portions.
[31:16.960 --> 31:22.960]  Sure enough, in experiments, lower income folks were more likely to go for gut buster sizes.
[31:22.960 --> 31:29.960]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
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[32:12.960 --> 32:16.960]  Among those rights are the right to travel freely from place to place, the right to act in our own private capacity,
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[33:23.960 --> 33:42.960]  Okay, we are back. Randy Kelton, Rule of Law Radio, and we're talking to Mark in Wisconsin.
[33:42.960 --> 33:54.960]  Okay, Mark, you had more questions or you had another comment on update on a 2014 show.
[33:54.960 --> 34:07.960]  Sure. The 2014 show, you mentioned that there's a procedure beyond just filing generically the discovery, you know,
[34:07.960 --> 34:14.960]  to invoke Toosley and Isquill, you know, the pre-lawsuit discovery on the federal level.
[34:14.960 --> 34:24.960]  And I am not sure what to look for or a sample case so that I can then research and know what rabbit trail to run down.
[34:24.960 --> 34:30.960]  I know there are rabbits out there. I just don't know which brush pile I should be looking in.
[34:30.960 --> 34:40.960]  There is this pre-trial discovery in the Fed, but it only goes to depositions.
[34:40.960 --> 34:48.960]  Okay. It's not near as open as what it is in Texas.
[34:48.960 --> 34:53.960]  Okay. But I'm not sure what you're referring to.
[34:53.960 --> 34:59.960]  Toonley Itball merely goes to the sufficiency of the pleading.
[34:59.960 --> 35:08.960]  Oh, okay. Okay. Well, that's to give you an idea of how in the wilderness I am on that.
[35:08.960 --> 35:16.960]  I guess then I will look at the federal pre-lawsuit depositions now that I know that that's the rabbit trail
[35:16.960 --> 35:23.960]  I should be hunting as opposed to, you know, depositions with Toonley Isquill there.
[35:23.960 --> 35:31.960]  I think it's rule 76. It's rule 70 something, and I believe it's rule 76.
[35:31.960 --> 35:34.960]  All right. Now I've got at least somewhere to hunt.
[35:34.960 --> 35:47.960]  The only other tidbit that I wanted to feed back on, once again, the group of lawyers that created the initial problem for me,
[35:47.960 --> 35:57.960]  besides them, and I'm trying to get the phrasing correct here so I don't blow it.
[35:57.960 --> 36:04.960]  I guess it's escaped my head. I can always call in another show.
[36:04.960 --> 36:08.960]  All right then. I guess that's all for me.
[36:08.960 --> 36:14.960]  Maybe your truth raider will be back and have something other than stories to tell.
[36:14.960 --> 36:23.960]  Okay. Yeah, we are the pastor on Truth Radio.
[36:23.960 --> 36:29.960]  For those of you who don't know, Monday nights I do a one hour show on Truth Radio Network,
[36:29.960 --> 36:36.960]  and Pastor Masset has taken over the whole network, but he is in New Mexico.
[36:36.960 --> 36:44.960]  He has a couple of orphanages down there that he takes care of, and he's down there until the 18th.
[36:44.960 --> 36:46.960]  Okay. Oh, I know.
[36:46.960 --> 36:51.960]  And we are upgrading his technology as well.
[36:51.960 --> 36:58.960]  Now, as I understand, didn't you used to broadcast in Madison?
[36:58.960 --> 37:06.960]  No, I was out of Milwaukee and was unaware of the small radio station in Madison.
[37:06.960 --> 37:09.960]  There's a small radio station starting up in Milwaukee,
[37:09.960 --> 37:14.960]  and I'm going to be asking them and pointing them in your guys' direction.
[37:14.960 --> 37:22.960]  But I do now have the reframing on my question and looking for guidance on the other lawyers.
[37:22.960 --> 37:33.960]  Now, in the process of this whole mess that the listeners are probably not up to speed on,
[37:33.960 --> 37:36.960]  there was the issue in my small claims case.
[37:36.960 --> 37:38.960]  I brought up the issue of ownership.
[37:38.960 --> 37:42.960]  The ownership stuff was danced around, et cetera.
[37:42.960 --> 37:48.960]  But in the process, depositions and paperwork was issued with one of the gentlemen saying,
[37:48.960 --> 37:52.960]  I don't know who the owner is.
[37:52.960 --> 37:56.960]  So I'm wondering if the following occurred.
[37:56.960 --> 38:01.960]  The law firm that I have the big issue with was actually telling the truth.
[38:01.960 --> 38:05.960]  He didn't know who the owners were because the ownership was so convoluted.
[38:05.960 --> 38:08.960]  But in the process of trying to figure out the ownership,
[38:08.960 --> 38:14.960]  he received direction from the law firm that I have the problem with.
[38:14.960 --> 38:16.960]  And this is just supposition.
[38:16.960 --> 38:23.960]  And in that direction, he was instructed to take the keys for the business from the owners,
[38:23.960 --> 38:29.960]  just take the till from the daily till, put in a new company, and just run with it.
[38:29.960 --> 38:37.960]  Now, if that is provable, do the people whose business were stolen and ultimately got back
[38:37.960 --> 38:45.960]  and got back with a $1.9 million judgment, would they have a case against the original set of lawyers,
[38:45.960 --> 38:48.960]  the ones that I have the issue with?
[38:48.960 --> 38:54.960]  Did a court authorize them to dip in the till?
[38:54.960 --> 38:55.960]  Nope.
[38:55.960 --> 39:03.960]  The state of Wisconsin law says if you have a reorganization of the company, it's like 183, 187.
[39:03.960 --> 39:09.960]  If you have a reorganization from LLC to Inc., you've got to file paperwork.
[39:09.960 --> 39:11.960]  That paperwork was never filed.
[39:11.960 --> 39:13.960]  There doesn't seem to have been anything done.
[39:13.960 --> 39:19.960]  It was just one day the locks got changed, and then the new banks were picked,
[39:19.960 --> 39:22.960]  and a whole new company was picked.
[39:22.960 --> 39:30.960]  Well, if the new company retained any of the old company's assets, absolutely.
[39:30.960 --> 39:38.960]  Now, this was a decision they took, so they're responsible.
[39:38.960 --> 39:45.960]  Yeah, certainly the gentleman who did this who was the general manager and got fired and got sued, et cetera,
[39:45.960 --> 39:54.960]  but he doesn't have a circular copper vessel which to hold urine in.
[39:54.960 --> 40:01.960]  Or a glass wall for which to toss it?
[40:01.960 --> 40:09.960]  Yes, that also, a glass viewing portal for which to remove it from the room that one is in, yes.
[40:09.960 --> 40:18.960]  So the question becomes is, is the lawyers who may have told him, be stupid like this,
[40:18.960 --> 40:22.960]  would they be possibly liable for that $1.9 million?
[40:22.960 --> 40:25.960]  Absolutely.
[40:25.960 --> 40:34.960]  All right. Oh, I am just going to be the bringer of joy and happiness all over.
[40:34.960 --> 40:38.960]  These lawyers are likely not to send you a Christmas card next year.
[40:38.960 --> 40:41.960]  Do you understand that?
[40:41.960 --> 40:44.960]  You know, if they don't send me a Christmas card,
[40:44.960 --> 40:51.960]  it can go with all the other people who don't send me Christmas cards on my glass wall.
[40:51.960 --> 40:54.960]  Your glass viewing portal.
[40:54.960 --> 40:56.960]  Yes, my glass viewing portal.
[40:56.960 --> 40:58.960]  You know, you put those Christmas cards up,
[40:58.960 --> 41:01.960]  it keeps the birds from hitting it over and over again and going,
[41:01.960 --> 41:05.960]  expecting a different outcome from the first time they hit the glass viewing portal.
[41:05.960 --> 41:08.960]  Yep.
[41:08.960 --> 41:11.960]  Okay, do you have anything else for us?
[41:11.960 --> 41:12.960]  No, no.
[41:12.960 --> 41:18.960]  I believe I've gotten my information and hopefully provided enough entertainment for this evening.
[41:18.960 --> 41:26.960]  I'll let you go on to other callers and may they also become entertained and educated.
[41:26.960 --> 41:31.960]  Okay, thank you, Mark, and don't be a stranger.
[41:31.960 --> 41:33.960]  You betcha, sir. Bye-bye.
[41:33.960 --> 41:38.960]  Okay, now we're going back to Truth Raider in Oregon.
[41:38.960 --> 41:42.960]  Hello, Mr. Truth Raider.
[41:42.960 --> 41:43.960]  Can you hear me, Randy?
[41:43.960 --> 41:47.960]  Yes, I can. You had a couple more questions.
[41:47.960 --> 41:51.960]  Good. Yes, no more stories. I have three questions for you.
[41:51.960 --> 41:58.960]  Concerning going to court, your testimony, you said you snapped on that digital recorder
[41:58.960 --> 42:04.960]  after that judge became a little indignant and threatened to throw you out of the court.
[42:04.960 --> 42:08.960]  Oh, no, no. The court was not in session.
[42:08.960 --> 42:14.960]  The bailiff happened to be standing in the courtroom, and that's the only reason we were in there.
[42:14.960 --> 42:18.960]  Okay, but it's not legal to use a recording device.
[42:18.960 --> 42:21.960]  I don't think they permit that in any way, shape, or form.
[42:21.960 --> 42:27.960]  Yes, we weren't in court. We just happened to be in the room where court was held,
[42:27.960 --> 42:29.960]  but there was no court going on.
[42:29.960 --> 42:37.960]  And in Texas, I can record you even if you don't know it, but I just did that to annoy him.
[42:37.960 --> 42:45.960]  Okay. I literally did that as a pattern interruption.
[42:45.960 --> 42:49.960]  Certainly, he did not see that coming.
[42:49.960 --> 42:55.960]  No. Okay, now the second question is, I went to court yesterday.
[42:55.960 --> 42:59.960]  This is concerning the most recent ticket. I've had three tickets this year.
[42:59.960 --> 43:04.960]  The first one is the one I talked to you about in the first segment that I was on the last time before.
[43:04.960 --> 43:07.960]  It got disconnected. This is the third ticket.
[43:07.960 --> 43:13.960]  The second one, well, that's similar, and the judge did the same thing.
[43:13.960 --> 43:21.960]  He just found me guilty and, you know, paid the clerk up front or subpoenaed, and that's when I refused, and I just walked out.
[43:21.960 --> 43:30.960]  This one that I went to yesterday, this court appearance, the officer and I, we both gave our opening statements.
[43:30.960 --> 43:35.960]  You know, we swore to tell the truth, the old truth, and all that good stuff, and we had our opening statements.
[43:35.960 --> 43:38.960]  And during the course of that, when he was reading his statement—
[43:38.960 --> 43:41.960]  Okay, hold on, hold on. We're about to go to break.
[43:41.960 --> 43:48.960]  This is Randy Kelton, Wheel of Law Radio. I call it number 512-646-1984.
[43:48.960 --> 44:01.960]  Steve Thomas, see you there. We'll get there. Everybody, we'll be right back.
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[45:00.960 --> 45:03.960]  Are you the plaintiff or defendant in a lawsuit?
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[46:01.960 --> 46:22.960]  Music
[46:22.960 --> 46:27.960]  Okay, we are back. We're Andy Kelton, Rule of Law Radio, and we're talking to TruthRadar.
[46:27.960 --> 46:31.960]  And you both gave your statements, you and your officer.
[46:31.960 --> 46:35.960]  Thank you, Randy. Yes, and this is what he said.
[46:35.960 --> 46:39.960]  He made a comment, and I don't know if I should have objected to this or not,
[46:39.960 --> 46:47.960]  but he said, Your Honor, I feel that this individual is a danger to law enforcement.
[46:47.960 --> 46:55.960]  The exercise is traveling, whatever he claims is non-commercial sovereign travel.
[46:55.960 --> 47:02.960]  And should I have had that objected? Objection, absolutely.
[47:02.960 --> 47:06.960]  You're not interested in his opinion.
[47:06.960 --> 47:11.960]  I went up to the judge in the court and I said, Well, how does he know that?
[47:11.960 --> 47:12.960]  He made a presumption, an assumption.
[47:12.960 --> 47:16.960]  I've never been a problem to anybody in law enforcement.
[47:16.960 --> 47:22.960]  I haven't even had a traffic ticket as far as moving violation in 16 years.
[47:22.960 --> 47:28.960]  My record is completely clear. I'm just not going to give out hundreds of dollars for nothing a month.
[47:28.960 --> 47:32.960]  They want to charge me $200 a month for insurance, and I can't afford that.
[47:32.960 --> 47:36.960]  He said he considered you a danger?
[47:36.960 --> 47:41.960]  Yeah, he considered me a considerable risk to law enforcement.
[47:41.960 --> 47:44.960]  So much worse, what he said.
[47:44.960 --> 47:49.960]  Oh, I would have loved to have cross-examined this guy.
[47:49.960 --> 48:03.960]  What specifically is the nature of the risk that the act of invoking the law has on you?
[48:03.960 --> 48:07.960]  It's my right of travel, for me exercising my right of travel,
[48:07.960 --> 48:16.960]  and just being defiant to the Department of Motor Vehicles and the transportation system, transportation code.
[48:16.960 --> 48:19.960]  I'm not part of the contract, and I refuse.
[48:19.960 --> 48:24.960]  As Thomas Jefferson, I believe, President Jefferson said,
[48:24.960 --> 48:28.960]  disobedience to tyranny is obedience to God.
[48:28.960 --> 48:34.960]  And the courts have ruled that rights belong to the belligerent litigant.
[48:34.960 --> 48:36.960]  Yes.
[48:36.960 --> 48:45.960]  So the officer considers the exercise of a right to be a threat to law enforcement.
[48:45.960 --> 48:49.960]  Right, because I pose a threat and a risk to law enforcement.
[48:49.960 --> 48:54.960]  This particular behavior and activity is what he said to the judge in so many words.
[48:54.960 --> 49:00.960]  I'm just trying to paraphrase the best he could, but that's how we articulated it.
[49:00.960 --> 49:04.960]  That should get a professional conduct complaint.
[49:04.960 --> 49:07.960]  He should definitely file a complaint with his chief.
[49:07.960 --> 49:11.960]  Is he a city policeman or a county?
[49:11.960 --> 49:14.960]  County sheriff, and he's a Sergeant K-9 officer.
[49:14.960 --> 49:21.960]  Ooh, file a complaint with the Sheriff's Department and with the County Commissioner's Court.
[49:21.960 --> 49:23.960]  Okay, I will do that.
[49:23.960 --> 49:28.960]  The third question here, Randy, and I'll let you get on to other callers if they're anxiously waiting,
[49:28.960 --> 49:36.960]  I got this nice nasty gram in the mail from Western Collection Bureau.
[49:36.960 --> 49:41.960]  And this is concerning the first case that I first talked to you about.
[49:41.960 --> 49:47.960]  The first ticket that I've gotten in 16 years, this is for suspended registration
[49:47.960 --> 49:51.960]  and driving while suspended and not having insurance.
[49:51.960 --> 49:53.960]  This is the first one that I got.
[49:53.960 --> 49:57.960]  As I said, the judge just listened to what I had to say and then turned around and said,
[49:57.960 --> 49:59.960]  well, I pronounced you guilty, blah, blah, blah.
[49:59.960 --> 50:03.960]  Just talk to my clerk right here and sign the paperwork, and we'll set payments up for you.
[50:03.960 --> 50:05.960]  That will be all.
[50:05.960 --> 50:07.960]  Well, I refused, as I said, didn't sign anything.
[50:07.960 --> 50:09.960]  I said, I'm not going to do that.
[50:09.960 --> 50:13.960]  So I said, you know, I want to appeal, but I don't have the funds to be able to appeal.
[50:13.960 --> 50:14.960]  Okay, we got that.
[50:14.960 --> 50:17.960]  You got a letter from a collection agency.
[50:17.960 --> 50:18.960]  A collection agency, yeah.
[50:18.960 --> 50:23.960]  This is what proves that it's a civil, that it's civil and not criminal whatsoever.
[50:23.960 --> 50:25.960]  But this is what they've done.
[50:25.960 --> 50:32.960]  Now they're charging me $1,100, no, no, $1,291.77.
[50:32.960 --> 50:34.960]  And that's for the one ticket.
[50:34.960 --> 50:39.960]  And the other ticket is $2,800, what is it, $2,000?
[50:39.960 --> 50:43.960]  To send them a debt validation letter.
[50:43.960 --> 50:45.960]  Yeah, okay.
[50:45.960 --> 50:48.960]  So what, I send them a debt validation letter?
[50:48.960 --> 50:51.960]  Yes, send them a debt validation letter.
[50:51.960 --> 50:55.960]  And they're going to say, we don't fall under, and you're going to say, yeah, you do,
[50:55.960 --> 51:05.960]  and then file a federal suit against them under FDCPA.
[51:05.960 --> 51:11.960]  Oh, and then contact them and say, let's make a deal, make this go away.
[51:11.960 --> 51:13.960]  Okay, all right.
[51:13.960 --> 51:15.960]  They want to fight, give them one.
[51:15.960 --> 51:21.960]  And you might look on, remove our radio or Logos Radio Network and go to the blue banner
[51:21.960 --> 51:25.960]  and click on Mike Maris, he'll show you how to do all that.
[51:25.960 --> 51:31.960]  And you might be able to get this law firm to pay you to go away and leave them alone.
[51:31.960 --> 51:32.960]  That's what I'd like to do.
[51:32.960 --> 51:35.960]  Yeah, it's about $4,000 if you round it off.
[51:35.960 --> 51:42.960]  Yeah, well, click on the blue banner and get ahold of Mike Maris and then talk to him
[51:42.960 --> 51:45.960]  and he'll tell you what he thinks you can do on that.
[51:45.960 --> 51:46.960]  Excellent.
[51:46.960 --> 51:52.960]  All right, Randy, that's my drama for now.
[51:52.960 --> 51:54.960]  Okay, thank you.
[51:54.960 --> 51:56.960]  Okay, now we're going to go to Steve in Washington.
[51:56.960 --> 51:58.960]  Hello, Steve.
[51:58.960 --> 52:00.960]  Hello, Randy.
[52:00.960 --> 52:01.960]  How are you doing?
[52:01.960 --> 52:02.960]  I'm doing good.
[52:02.960 --> 52:06.960]  What do you have for us today?
[52:06.960 --> 52:13.960]  Well, I've been listening to you guys talking and it's like I totally, totally disagree
[52:13.960 --> 52:18.960]  with the people calling in like truth raider.
[52:18.960 --> 52:28.960]  I got to tell you, just you're going past a lot of rules that are overlooked.
[52:28.960 --> 52:36.960]  And, you know, I know people like to, maybe they want to not register their car and, you know,
[52:36.960 --> 52:38.960]  I mean, that's their choice.
[52:38.960 --> 52:47.960]  But the big deal is that there's a lot of information missing.
[52:47.960 --> 52:55.960]  Like, for one, if you're going to file it, if you're going to get the ticket,
[52:55.960 --> 53:03.960]  and even though you have a certain time to respond, that doesn't mean to throw the paperwork out
[53:03.960 --> 53:11.960]  because you still can file your civil claim, which you don't have to file it,
[53:11.960 --> 53:15.960]  but you need to write it and it needs to be ready.
[53:15.960 --> 53:21.960]  And part of that is if you're going to bring a civil claim, you know you have to,
[53:21.960 --> 53:24.960]  you're going to have to give them notice.
[53:24.960 --> 53:34.960]  So if you file your counterclaim, you can file it any time and it's going to act.
[53:34.960 --> 53:38.960]  Wait, wait, counterclaim.
[53:38.960 --> 53:40.960]  He was in Oregon.
[53:40.960 --> 53:51.960]  In Oregon, is a traffic citation a civil or a criminal action?
[53:51.960 --> 53:53.960]  They're civil.
[53:53.960 --> 53:55.960]  So it's strictly civil.
[53:55.960 --> 53:57.960]  It's civil, yeah.
[53:57.960 --> 54:03.960]  As a matter of fact, they don't even have any, they're working on a law right now,
[54:03.960 --> 54:05.960]  which isn't a law.
[54:05.960 --> 54:10.960]  Basically, they want to change the code because there's no law to go back to
[54:10.960 --> 54:16.960]  on one of the cases that they're involved in right now.
[54:16.960 --> 54:24.960]  And they're lacking a lot of laws that they can enforce, actually,
[54:24.960 --> 54:32.960]  and really they're just codifying, they're recodifying previous codes.
[54:32.960 --> 54:40.960]  But my concern is figuring, you know, you never figure that your paperwork is done.
[54:40.960 --> 54:42.960]  Okay, I'm going to toss this out.
[54:42.960 --> 54:48.960]  It's done with, I went past my limitation.
[54:48.960 --> 55:00.960]  It's not true because you're going to want to write your counterclaim, send it in,
[55:00.960 --> 55:04.960]  and it doesn't matter what they do with it because you're never going to win,
[55:04.960 --> 55:08.960]  but then you're going to, that's your condition, express it in,
[55:08.960 --> 55:15.960]  and then you're going to want to write your 1983 claim,
[55:15.960 --> 55:24.960]  whether you missed the deadline or not, because now if something else happens
[55:24.960 --> 55:29.960]  and it's the same thing arising from the first instance,
[55:29.960 --> 55:33.960]  then now you're into secondary tolling, and so when you get it,
[55:33.960 --> 55:39.960]  you can bring that civil claim in, and then when you bring your civil claim in,
[55:39.960 --> 55:43.960]  normally it would be dismissed if you passed your limitations,
[55:43.960 --> 55:53.960]  but what will happen is you're going to have to file your ex parte for secondary tolling,
[55:53.960 --> 55:59.960]  and that's why you don't want to have it magistrate because tolling is a judicial construct,
[55:59.960 --> 56:06.960]  and that's going to have to be, that'll be decided by a judicial officer.
[56:06.960 --> 56:13.960]  So you're going to file your ex parte, and then he's going to...
[56:13.960 --> 56:15.960]  Okay, hold on, ex parte.
[56:15.960 --> 56:18.960]  What type of pleading?
[56:18.960 --> 56:24.960]  You're talking about a petition for a judicial, I mean, what do you call it?
[56:24.960 --> 56:29.960]  We're asking for a judicial determination.
[56:29.960 --> 56:33.960]  Wait, how are you getting to ex parte?
[56:33.960 --> 56:36.960]  What are you filing ex parte?
[56:36.960 --> 56:43.960]  Well, that's part of the rules of court is that if you bring in a claim that passed the limitations,
[56:43.960 --> 56:44.960]  you're going to have to...
[56:44.960 --> 56:45.960]  Okay, hold on, hold on, back up, back up.
[56:45.960 --> 56:47.960]  Rules of what court?
[56:47.960 --> 56:50.960]  Washington State, Oregon, Fed?
[56:50.960 --> 56:52.960]  The federal court.
[56:52.960 --> 56:59.960]  Okay, in what instance can you, can the judge hear something ex parte?
[56:59.960 --> 57:03.960]  The only thing I know of is emergency restraining order.
[57:03.960 --> 57:08.960]  No, he can hear ex parte on tolling.
[57:08.960 --> 57:16.960]  Otherwise, I mean, he's going to make a decision on whether you can toll your limitations,
[57:16.960 --> 57:19.960]  and when you go past your...
[57:19.960 --> 57:20.960]  Oh, okay, good, good.
[57:20.960 --> 57:28.960]  Yeah, that makes sense because that's purely a matter of fact and law.
[57:28.960 --> 57:30.960]  Right, because...
[57:30.960 --> 57:35.960]  So it's not something they can get in and argue.
[57:35.960 --> 57:38.960]  No, it's clearly...
[57:38.960 --> 57:45.960]  You're asking him to say this action tolls the limitations,
[57:45.960 --> 57:50.960]  and what tolling means is it stops the clock from running.
[57:50.960 --> 57:55.960]  So he's going to be making that strictly on point of law, so that makes sense.
[57:55.960 --> 58:02.960]  Right, and so that'll bring you back to your first claim that was barred by laches.
[58:02.960 --> 58:06.960]  So you never throw your paperwork out.
[58:06.960 --> 58:07.960]  Okay, hold on.
[58:07.960 --> 58:11.960]  When we come back, I want to talk about how the first claim was barred by...
[58:11.960 --> 58:16.960]  You're saying back to the first claim that was barred by laches.
[58:16.960 --> 58:19.960]  When we come back, we'll explain what laches is.
[58:19.960 --> 58:21.960]  This is Randy Kelton, Wheelbar Radio.
[58:21.960 --> 58:25.960]  I call it number 512-646-1984.
[58:25.960 --> 58:29.960]  We've got one hour left, and generally things build up toward the end,
[58:29.960 --> 58:34.960]  so if you're going to call in, do it quickly so I know how to time out each of these callers
[58:34.960 --> 58:36.960]  so that I get to everybody.
[58:36.960 --> 58:41.960]  Okay, we'll be right back.
[59:06.960 --> 59:10.960] ...and it contains thousands of footnotes that will help you to know God
[59:10.960 --> 59:12.960]  and to know the meaning of life.
[59:12.960 --> 59:17.960]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.960 --> 59:20.960]  Chapter by chapter, Basic Elements of the Christian Life
[59:20.960 --> 59:26.960]  clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:26.960 --> 59:29.960]  To order your free New Testament Recovery Version
[59:29.960 --> 59:32.960]  and Basic Elements of the Christian Life,
[59:32.960 --> 59:39.960]  call Bibles for America toll-free at 888-551-0102.
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[59:44.960 --> 59:49.960]  Or visit us online at bfa.org.
[59:49.960 --> 59:59.960]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.960 --> 01:00:04.960]  The following use flash is brought to you by the Lone Star Lowdown,
[01:00:04.960 --> 01:00:07.960]  providing the daily bulletins for the commodity market,
[01:00:07.960 --> 01:00:09.960]  Today in History,
[01:00:09.960 --> 01:00:11.960]  news updates,
[01:00:11.960 --> 01:00:20.960]  and the inside scoop into the tides of the alternative.
[01:00:20.960 --> 01:00:26.960]  Markets for the 6th of January 2016 opened up with gold at $1,093.40 an ounce,
[01:00:26.960 --> 01:00:28.960]  silver at $13.99 an ounce,
[01:00:28.960 --> 01:00:31.960]  Texas crude, $35.97 a barrel,
[01:00:31.960 --> 01:00:40.960]  and Bitcoin is currently at $431 U.S. currency.
[01:00:40.960 --> 01:00:44.960]  Today in History, Monday, January 6, 1958,
[01:00:44.960 --> 01:00:46.960]  Gibson patents its Flying V guitar,
[01:00:46.960 --> 01:00:54.960]  an electric guitar model with a radical futuristic V-body design.
[01:00:54.960 --> 01:00:56.960]  In recent news, here at the Lone Star Lowdown,
[01:00:56.960 --> 01:01:00.960]  we pride ourselves in bringing you the headlines of the day without the hype and media bias.
[01:01:00.960 --> 01:01:03.960]  As a result, we are always having to correct the narrative.
[01:01:03.960 --> 01:01:06.960]  So to cut to the chase, we are sorry for reporting some falsehoods yesterday.
[01:01:06.960 --> 01:01:10.960]  The Bundy situation in Oregon is not a standoff or occupation.
[01:01:10.960 --> 01:01:13.960]  According to the Citizens for Constitutional Freedom press conference,
[01:01:13.960 --> 01:01:18.960]  they are simply reclaiming the federal wildlife refuge for the state of Oregon and its citizenry,
[01:01:18.960 --> 01:01:21.960]  specifically all the ranchers that have had to give up lands to the BLM.
[01:01:21.960 --> 01:01:25.960]  Dwight Hammond and his son Stephen are facing terrorism charges and re-sentencing.
[01:01:25.960 --> 01:01:29.960]  The point of the land burns, which eventually spread from their land to federal lands,
[01:01:29.960 --> 01:01:32.960]  was for ranching purposes and not agricultural reasons.
[01:01:32.960 --> 01:01:35.960]  We are sorry for the incorrect reporting of the other day.
[01:01:35.960 --> 01:01:38.960]  Regardless of who drops the ball, the media, or even ourselves,
[01:01:38.960 --> 01:01:45.960]  we are always here to correct and clarify.
[01:01:45.960 --> 01:01:50.960]  The TransCanada Corporation has filed a lawsuit in a U.S. federal court in Houston, Texas,
[01:01:50.960 --> 01:01:55.960]  stating that President Barack Obama's ban on the Keystone Pipeline supersedes his legitimate powers
[01:01:55.960 --> 01:01:58.960]  within the Constitution through a NAFTA claim.
[01:01:58.960 --> 01:02:01.960]  TransCanada is seeking to receive compensation for more than $15 billion
[01:02:01.960 --> 01:02:10.960]  in the expenditures and damages it has accumulated as a result of the permit ban.
[01:02:10.960 --> 01:02:13.960]  Governor Jerry Brown declared a state of emergency today,
[01:02:13.960 --> 01:02:17.960]  ordering California state agencies to move as rapidly as possible in fixing a gas leak,
[01:02:17.960 --> 01:02:22.960]  which has been spewing 110,000 pounds of natural gas per hour since October of last year.
[01:02:22.960 --> 01:02:26.960]  His declaration comes after previous attempts to plug the leak of methane have failed.
[01:02:26.960 --> 01:02:30.960]  He stated that, quote, seven state agencies are mobilized to protect public health,
[01:02:30.960 --> 01:02:33.960]  oversee Southern California's gas company's actions to stop the leak,
[01:02:33.960 --> 01:02:38.960]  track methane emissions, ensure worker safety, safeguard energy reliability,
[01:02:38.960 --> 01:02:43.960]  and address any other problems stemming from the leak.
[01:02:43.960 --> 01:02:47.960]  The Low Star Lowdown is currently looking to fill some advertising slots.
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[01:02:55.960 --> 01:03:00.960]  This has been your Lowdown for January 6, 2016.
[01:03:00.960 --> 01:03:29.960]  MUSIC
[01:03:29.960 --> 01:03:31.960]  Okay, we are back.
[01:03:31.960 --> 01:03:36.960]  Randy Kelton, Blue Wall Radio, and we're talking to Stephen Washington.
[01:03:36.960 --> 01:03:41.960]  Okay, when we went out, you referenced latches.
[01:03:41.960 --> 01:03:44.960]  And we're kind of working on that here in Texas.
[01:03:44.960 --> 01:03:47.960]  We filed a notice of rescission.
[01:03:47.960 --> 01:03:52.960]  Stuck in at the bottom of the QWR, the Qualified Written Request.
[01:03:52.960 --> 01:03:54.960]  We filed a Qualified Written Request.
[01:03:54.960 --> 01:03:58.960]  And if you look on the Internet, you'll find all these Qualified Written Requests.
[01:03:58.960 --> 01:04:01.960]  What they really are is a request for discovery,
[01:04:01.960 --> 01:04:04.960]  because they've got all this junk in there they're asking for.
[01:04:04.960 --> 01:04:08.960]  And mine asks for everything but the kitchen sink.
[01:04:08.960 --> 01:04:12.960]  And the lender has no obligation to abide by any of that stuff.
[01:04:12.960 --> 01:04:14.960]  But I do have a section on an accounting error.
[01:04:14.960 --> 01:04:17.960]  That's what makes it a QWR.
[01:04:17.960 --> 01:04:23.960]  And right at the bottom of this thing, after 20 pages of trash,
[01:04:23.960 --> 01:04:29.960]  there's this little paragraph that says that if you fail to validate the debt
[01:04:29.960 --> 01:04:37.960]  within 30 days of receipt of this note, you may consider this as notice of rescission.
[01:04:37.960 --> 01:04:41.960]  They never, ever read it.
[01:04:41.960 --> 01:04:44.960]  So that's their notice of rescission.
[01:04:44.960 --> 01:04:48.960]  After the 30-day period, then they got 20 days
[01:04:48.960 --> 01:04:58.960]  to either initiate the rescission process or file an opposition.
[01:04:58.960 --> 01:05:00.960]  Because they never read it. They never know to do that.
[01:05:00.960 --> 01:05:07.960]  So we claim that they had an opportunity, they had a right,
[01:05:07.960 --> 01:05:11.960]  had an opportunity, but they set on their rights.
[01:05:11.960 --> 01:05:14.960]  That's what goes to latches.
[01:05:14.960 --> 01:05:21.960]  Where you had a right to do something and you failed to exercise that right to waive it.
[01:05:21.960 --> 01:05:25.960]  Is that the way you understand latches, Steve?
[01:05:25.960 --> 01:05:27.960]  Right.
[01:05:27.960 --> 01:05:39.960]  And if you fail to answer the claim, you know you have to answer.
[01:05:39.960 --> 01:05:45.960]  You go past the limitation and now you're claim barred.
[01:05:45.960 --> 01:05:51.960]  And now the thing with traffic tickets is if you have two traffic tickets,
[01:05:51.960 --> 01:05:57.960]  their policy is to mandatorily give you another ticket.
[01:05:57.960 --> 01:06:02.960]  And then now they don't use any discretion.
[01:06:02.960 --> 01:06:04.960]  They just give you tickets.
[01:06:04.960 --> 01:06:09.960]  Now you've got a good case.
[01:06:09.960 --> 01:06:16.960]  And you never want to throw any of these tickets or cases up.
[01:06:16.960 --> 01:06:24.960]  You want to finish them, keep them in your file, and get ready to make your case.
[01:06:24.960 --> 01:06:28.960]  I mean, a lot of people, most people just don't care.
[01:06:28.960 --> 01:06:30.960]  They don't want to bother with it.
[01:06:30.960 --> 01:06:38.960]  And the only other thing I can say is move to another town, you know, seriously.
[01:06:38.960 --> 01:06:40.960]  Aren't there people in Texas that...
[01:06:40.960 --> 01:06:42.960]  Now, wait a minute, wait a minute.
[01:06:42.960 --> 01:06:50.960]  Most people have busy lives and we all choose our battles.
[01:06:50.960 --> 01:06:55.960]  I don't hold it against anyone who doesn't want to fight these issues.
[01:06:55.960 --> 01:06:56.960]  That's true.
[01:06:56.960 --> 01:06:59.960]  I mean, if they don't want to fight, they don't want to fight.
[01:06:59.960 --> 01:07:02.960]  But I'm just saying, I mean, you got alternatives.
[01:07:02.960 --> 01:07:08.960]  I mean, like, and now I see guys talking about, oh gee, we drive two hours to go around,
[01:07:08.960 --> 01:07:13.960]  just go around Tarrant County.
[01:07:13.960 --> 01:07:16.960]  Yeah, that's Williamson County, just north of Austin.
[01:07:16.960 --> 01:07:21.960]  Alex Jones will drive two hours to go around Williamson County.
[01:07:21.960 --> 01:07:24.960]  Yeah, that's pretty funny.
[01:07:24.960 --> 01:07:25.960]  But you know what?
[01:07:25.960 --> 01:07:26.960]  He's true.
[01:07:26.960 --> 01:07:28.960]  He's right.
[01:07:28.960 --> 01:07:31.960]  This guy, you know, yeah, you're right.
[01:07:31.960 --> 01:07:34.960]  I mean, that's what you do, you know.
[01:07:34.960 --> 01:07:40.960]  And when I was a little kid, when I was a teenager, my grandfather was a cop.
[01:07:40.960 --> 01:07:41.960]  Well, he wasn't a cop.
[01:07:41.960 --> 01:07:42.960]  They didn't have cops then.
[01:07:42.960 --> 01:07:45.960]  They had policemen and constables.
[01:07:45.960 --> 01:07:53.960]  And he used to say, he knew who was dirty and he'd say, don't go here and don't go there
[01:07:53.960 --> 01:07:57.960]  and don't go out at a certain time of night.
[01:07:57.960 --> 01:08:01.960]  And I used to listen to him, I mean, because he knew.
[01:08:01.960 --> 01:08:03.960]  And that's what you do.
[01:08:03.960 --> 01:08:12.960]  You either, you know, pay every time they see you or move to another town or sue, you know,
[01:08:12.960 --> 01:08:16.960]  which is easier or, you know, just pay.
[01:08:16.960 --> 01:08:19.960]  You know, you got to pick your battles, right?
[01:08:19.960 --> 01:08:20.960]  Exactly.
[01:08:20.960 --> 01:08:21.960]  Yeah.
[01:08:21.960 --> 01:08:24.960]  And there used to be a lot of stuff about calling people sheeple.
[01:08:24.960 --> 01:08:31.960]  And I really objected to that because everybody has their own fights to deal with.
[01:08:31.960 --> 01:08:36.960]  There's a few of us who get out and fight these particular issues.
[01:08:36.960 --> 01:08:41.960]  But then there are a lot of issues that we're not addressing that other people are.
[01:08:41.960 --> 01:08:44.960]  And we don't have to have everybody doing it.
[01:08:44.960 --> 01:08:50.960]  If we got a few of them kicking them around, we tend to keep them honest.
[01:08:50.960 --> 01:08:58.960]  And I don't need everybody fighting these issues for me to get my part changed.
[01:08:58.960 --> 01:09:03.960]  If I can get two or three people in every county, I can get this done.
[01:09:03.960 --> 01:09:06.960]  So I don't hold it against somebody for not wanting to fight this fight.
[01:09:06.960 --> 01:09:08.960]  You know, I have a driver's license.
[01:09:08.960 --> 01:09:10.960]  I keep one.
[01:09:10.960 --> 01:09:12.960]  I keep registration on my car.
[01:09:12.960 --> 01:09:15.960]  I got other fights to fight.
[01:09:15.960 --> 01:09:16.960]  Right.
[01:09:16.960 --> 01:09:18.960]  You need a driver's license to rent a car.
[01:09:18.960 --> 01:09:20.960]  I mean, so I mean, that's good for that.
[01:09:20.960 --> 01:09:26.960]  And I don't really think it's good for much other than say, like, I smack into you.
[01:09:26.960 --> 01:09:27.960]  You don't know me.
[01:09:27.960 --> 01:09:31.960]  I mean, so I show you my card and everything.
[01:09:31.960 --> 01:09:37.960]  And so now you're pretty well satisfied that you're going to get paid for your damages.
[01:09:37.960 --> 01:09:39.960]  But that's as far as that goes.
[01:09:39.960 --> 01:09:47.960]  I mean, and from what I see is the challenge of taking advantage of that and ripping people off.
[01:09:47.960 --> 01:09:49.960]  And that's OK.
[01:09:49.960 --> 01:09:53.960]  That is how it has always been.
[01:09:53.960 --> 01:10:01.960]  We grant power and authority to officials and they will always abuse that power.
[01:10:01.960 --> 01:10:07.960]  I was listening to a program today that someone from Homeland Security was complaining
[01:10:07.960 --> 01:10:13.960]  because they needed these laws, more laws concerning gun control.
[01:10:13.960 --> 01:10:19.960]  And, you know, I'm thinking absolutely not.
[01:10:19.960 --> 01:10:28.960]  Yeah, you're stating a good reason for having them, but we cannot trust you.
[01:10:28.960 --> 01:10:39.960]  We know for certain if we grant you any right, you will abuse that right every way you possibly can.
[01:10:39.960 --> 01:10:44.960]  So we can't trust you, period.
[01:10:44.960 --> 01:10:49.960]  And it's the way public officials have always been.
[01:10:49.960 --> 01:10:51.960]  We have to police them.
[01:10:51.960 --> 01:11:00.960]  I was reading some Sumerian texts and this is a book on the Sumerians.
[01:11:00.960 --> 01:11:13.960]  They interpreted this plaque that was commissioned by an Akkadian king fifty five hundred years ago.
[01:11:13.960 --> 01:11:22.960]  And he was asserting that he was the purpose of the plaque was he was reasserting the old laws
[01:11:22.960 --> 01:11:31.960]  because those in positions of power and authority have so perverted the law that the citizen can no longer find justice.
[01:11:31.960 --> 01:11:40.960]  If this has been going on for fifty five hundred years that we know of, it's not going to change tomorrow.
[01:11:40.960 --> 01:11:50.960]  We're always going to have to fight this battle if you and I, Steve, if we fix this, our grandkids are going to have to fix it again.
[01:11:50.960 --> 01:11:55.960]  This is not something we can. Yeah, we can't just get it fixed.
[01:11:55.960 --> 01:12:01.960]  We need to work on a system to where it's self-regulating.
[01:12:01.960 --> 01:12:06.960]  And that's why I'm pushing so much to get grand juries opened up.
[01:12:06.960 --> 01:12:18.960]  If a policeman happens to pull me over and I'm my usual obnoxious and demanding self and he decides to do one of these attitude adjustments,
[01:12:18.960 --> 01:12:27.960]  if he has to look at explaining himself to a grand jury of my peers, he will be self-regulating.
[01:12:27.960 --> 01:12:31.960]  So that's one of the things I'm working on.
[01:12:31.960 --> 01:12:40.960]  Well, I was talking to a police commissioner and he said that he recommended that nine out of ten graduates not be hired.
[01:12:40.960 --> 01:12:43.960]  And on the other hand, they hire all of them.
[01:12:43.960 --> 01:12:52.960]  The reason is because if they don't, they don't get any funding. So they have a lot of people that are working.
[01:12:52.960 --> 01:13:10.960]  And one of the problems with police work is the profession tends to draw people with personality traits that should keep them from being a policeman.
[01:13:10.960 --> 01:13:16.960]  The ones I would most like to see policemen is the one if you go to him and say, I want you to be a policeman.
[01:13:16.960 --> 01:13:22.960]  He would say, heck no. I don't want to be a policeman. That's the guy I want carrying a gun.
[01:13:22.960 --> 01:13:26.960]  I don't want the guy that really wants to put a gun on his hip.
[01:13:26.960 --> 01:13:36.960]  I talked to an old DPS agent, DPS officer here in Texas. He'd been on a DPS for 25 years, 30 years.
[01:13:36.960 --> 01:13:48.960]  And he was concerned and he said these young local county sheriff's deputies, they just can't wait to get in a gunfight.
[01:13:48.960 --> 01:13:54.960]  These guys should not be on the force. They have no business carrying a pistol.
[01:13:54.960 --> 01:14:03.960]  And they obviously haven't been in a gunfight. All you need to be in is one gunfight and you're not going to want to do that again.
[01:14:03.960 --> 01:14:15.960]  Well, hopefully not. I don't know about that. I mean, when I applied for the job, I actually applied to be a cop 40 years ago.
[01:14:15.960 --> 01:14:28.960]  And that was when I got out of the Marine Corps. And the first thing the chief said to me was, how do you feel about guns?
[01:14:28.960 --> 01:14:44.960]  You know, I lived in Boston and he decided that they just didn't want anybody to like guns or anything because they are very British.
[01:14:44.960 --> 01:14:50.960]  I didn't get the job. Let's put it that way.
[01:14:50.960 --> 01:14:57.960]  I kind of like that attitude that he wants people that are not there so they can use a gun.
[01:14:57.960 --> 01:15:03.960]  Right. They find other ways to get this done.
[01:15:03.960 --> 01:15:07.960]  Okay. Do you have anything else for us? We're running out of time. We've got another caller.
[01:15:07.960 --> 01:15:13.960]  Well, that's all. That was just on, you know, I mean, I feel a lot of mistakes.
[01:15:13.960 --> 01:15:28.960]  And one thing is if you're getting stuff from collection agencies in the mail, if you don't send it back as undeliverable or as unsolicited,
[01:15:28.960 --> 01:15:35.960]  then that opens up the mailbox rule and you accepted that contract. That's what they call it.
[01:15:35.960 --> 01:15:46.960]  Yeah, but if you have actually have the mailbox and you don't accept it, the courts after five days will assume you got that.
[01:15:46.960 --> 01:15:52.960]  That's hard to get around. There's other ways of fighting these guys.
[01:15:52.960 --> 01:16:00.960]  You can go straight at them through the FDCPA and Mike Mears is really good at that.
[01:16:00.960 --> 01:16:10.960]  That's true. But when you open that envelope, it's yours. Yeah, that's not necessarily a problem because they screw everything up
[01:16:10.960 --> 01:16:14.960]  and they know they're screwing everything up, but they make a lot of money doing it wrong.
[01:16:14.960 --> 01:16:20.960]  Every once in a while, somebody comes along and stings them. That's okay. That's the cost of doing business.
[01:16:20.960 --> 01:16:25.960]  So we try to help as many people become their cost of doing business as possible.
[01:16:25.960 --> 01:16:33.960]  Okay. Thank you, Steve. We're going to break. This is Randy Kelton, Lulavar Radio.
[01:16:33.960 --> 01:16:40.960]  A call in number 512-646-1984. Tom, I see you there. We will pick you up on the other side.
[01:16:40.960 --> 01:16:59.960]  We've still got 45 minutes, so if you have a question or comment, give us a call. We'll be right back.
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[01:19:23.960 --> 01:19:36.960]  Okay, we are back.
[01:19:36.960 --> 01:19:41.960]  Randy Kelton, Root of Law Radio, and we're going to Tom in Texas.
[01:19:41.960 --> 01:19:45.960]  Hello, Tom. What do you have for us today?
[01:19:45.960 --> 01:19:48.960]  Hey, good evening. Thanks for taking my call.
[01:19:48.960 --> 01:19:54.960]  I have a question concerning mortgage reassignment or mortgage assignment.
[01:19:54.960 --> 01:20:05.960]  I closed on a mortgage on November 25th of 2015, and they said it was going to be reassigned or sold or what have you.
[01:20:05.960 --> 01:20:16.960]  And I was instructed to make my first payment to this originator of the mortgage by January 4th.
[01:20:16.960 --> 01:20:23.960]  I got a letter in the mail from another mortgage company saying that they now had the mortgage,
[01:20:23.960 --> 01:20:32.960]  and I was to make the payment to them on or before January 4th.
[01:20:32.960 --> 01:20:44.960]  I checked with the land records, and the originator of the mortgage had filed with the land records here in Montgomery County.
[01:20:44.960 --> 01:20:49.960]  They had just filed a note or recorded a note, I should say.
[01:20:49.960 --> 01:20:55.960]  And so I think a part of it was done with MERS, I believe.
[01:20:55.960 --> 01:21:02.960]  And they had recorded it by November 30th.
[01:21:02.960 --> 01:21:11.960]  Now, here it is in January, and this new company, mortgage company, has not filed the assignment with Montgomery County.
[01:21:11.960 --> 01:21:14.960]  So I went to my originator and I gave them the check for it.
[01:21:14.960 --> 01:21:21.960]  I said, hey, look, I'm paying you because I have an agreement in writing to pay you this money by this date.
[01:21:21.960 --> 01:21:32.960]  I said, I'm not paying this other company because it has not been recorded in the land records office.
[01:21:32.960 --> 01:21:37.960]  So I'm wondering how should I go from here?
[01:21:37.960 --> 01:21:40.960]  Oh, you're okay.
[01:21:40.960 --> 01:21:45.960]  It's in the, I'm trying to think of exactly where it's at,
[01:21:45.960 --> 01:21:51.960]  but I think it's in the real estate settlement procedures act.
[01:21:51.960 --> 01:21:58.960]  If there is a servicer and there is a change of servicer and you pay your payment to the old servicer,
[01:21:58.960 --> 01:22:01.960]  they must forward it to the new servicer.
[01:22:01.960 --> 01:22:03.960]  And that's right in a respice.
[01:22:03.960 --> 01:22:13.960]  So from your perspective, paying the one that you're certain, the one that's in the record, you're safe.
[01:22:13.960 --> 01:22:14.960]  Okay.
[01:22:14.960 --> 01:22:23.960]  The one that claims to have an assignment but doesn't have one in the record, you don't know if they're real or not.
[01:22:23.960 --> 01:22:29.960]  Well, you know, and I got a note from the originator of the mortgage saying, hey, we assigned this to this company,
[01:22:29.960 --> 01:22:32.960]  but they have never filed in the county records.
[01:22:32.960 --> 01:22:35.960]  So I'm worried about future problems if I start giving them money
[01:22:35.960 --> 01:22:40.960]  and there's been no proper recording of the note.
[01:22:40.960 --> 01:22:45.960]  Yeah, and that's exactly appropriate.
[01:22:45.960 --> 01:22:49.960]  But under the real estate settlement procedures act, you're pretty well protected.
[01:22:49.960 --> 01:22:55.960]  So I can just continue to pay the originator and they're responsible to forward until,
[01:22:55.960 --> 01:23:07.960]  and I talked to the mortgager, the guy that had done it and he said, okay, we'll just pay me.
[01:23:07.960 --> 01:23:10.960]  Yeah, you shouldn't have any problem with that at all.
[01:23:10.960 --> 01:23:17.960]  And the lenders have kind of gotten things together.
[01:23:17.960 --> 01:23:23.960]  They're handling their business a whole lot better than they have in the last 15 years.
[01:23:23.960 --> 01:23:29.960]  And an interesting note is when I had signed this, they told me I was under the old program
[01:23:29.960 --> 01:23:35.960]  and the new one was taking effect, I guess, pretty quick.
[01:23:35.960 --> 01:23:37.960]  So I'm not sure what they meant by that.
[01:23:37.960 --> 01:23:44.960]  But I guess apparently I signed, took my mortgage out under the old rules, whatever that means.
[01:23:44.960 --> 01:23:52.960]  Yeah, I'm not aware that the rules have changed recently, at least from a legislative standpoint.
[01:23:52.960 --> 01:23:56.960]  There may be rules within the company.
[01:23:56.960 --> 01:24:02.960]  So I wouldn't know what that was.
[01:24:02.960 --> 01:24:05.960]  Okay, so there's nothing I need to worry about right now.
[01:24:05.960 --> 01:24:11.960]  No, I wouldn't be concerned about it because with as much as the banks have been beaten up,
[01:24:11.960 --> 01:24:19.960]  as I look over foreclosure, I mean the filings in the public record,
[01:24:19.960 --> 01:24:25.960]  these guys are getting a lot better at making all the filings the way they're supposed to.
[01:24:25.960 --> 01:24:30.960]  And there seem to be a whole lot less of the shenanigans going on.
[01:24:30.960 --> 01:24:37.960]  You know, I do evaluations of the public records for people with mortgages.
[01:24:37.960 --> 01:24:46.960]  And if you have a mortgage that's before 2013, they are always a mess.
[01:24:46.960 --> 01:24:52.960]  But after 2013, the banks seem to have gotten things straightened out.
[01:24:52.960 --> 01:24:59.960]  And I don't find all of these multiple assignments.
[01:24:59.960 --> 01:25:03.960]  I look at the record, I find an assignment from company A to company B.
[01:25:03.960 --> 01:25:07.960]  Then I find an assignment from company A to company C.
[01:25:07.960 --> 01:25:12.960]  Guys, you can't do that. Once you've assigned it, you don't hold it anymore.
[01:25:12.960 --> 01:25:14.960]  So don't you guys know what's going on?
[01:25:14.960 --> 01:25:17.960]  They don't know what's going on, or they didn't.
[01:25:17.960 --> 01:25:23.960]  After 2013, I don't find that kind of trash.
[01:25:23.960 --> 01:25:27.960]  Where a company assigns a substitute trustee,
[01:25:27.960 --> 01:25:34.960]  and then two days later they assign a substitute trustee again.
[01:25:34.960 --> 01:25:42.960]  They were just so incredibly sloppy for the last 15 years that it was just a horrible mess for the last 13.
[01:25:42.960 --> 01:25:45.960]  After 2013, they seem to get it together.
[01:25:45.960 --> 01:25:48.960]  So you probably won't have much difficulty.
[01:25:48.960 --> 01:25:53.960]  And certainly overpaying the payment to the prior servicer,
[01:25:53.960 --> 01:25:56.960]  that's right there in the Real Estate Settlement Procedures Act.
[01:25:56.960 --> 01:26:03.960]  That servicer is responsible to ensure the payment goes to whoever they assign to.
[01:26:03.960 --> 01:26:09.960]  You know, they can expect you to chase down their assignees.
[01:26:09.960 --> 01:26:10.960]  Right.
[01:26:10.960 --> 01:26:15.960]  So you don't have to be concerned about that part at all.
[01:26:15.960 --> 01:26:22.960]  If anything happens to those payments, you have a claim against the original servicer.
[01:26:22.960 --> 01:26:26.960]  Okay, that's good to know because I was not wanting to get involved in another fight.
[01:26:26.960 --> 01:26:32.960]  I'm having too much fun fighting the courts on these traffic tickets.
[01:26:32.960 --> 01:26:35.960]  Did you hear the first part of the show?
[01:26:35.960 --> 01:26:37.960]  I did not. I just got off of work.
[01:26:37.960 --> 01:26:40.960]  Okay. Well, go back and listen to the first part of the show.
[01:26:40.960 --> 01:26:43.960]  I presented the rubber ball theory.
[01:26:43.960 --> 01:26:46.960]  And if you're having fun fighting these courts,
[01:26:46.960 --> 01:26:54.960]  this is an extra tool you can go in with to just drive these guys up the wall.
[01:26:54.960 --> 01:26:57.960]  Well, the last time I was in court, they dropped the case.
[01:26:57.960 --> 01:27:07.960]  But it was right after I told the attorney for the state, go read my motions,
[01:27:07.960 --> 01:27:13.960]  and then we can have an intelligent conversation.
[01:27:13.960 --> 01:27:17.960]  So he read the motions and decided he didn't want to go there.
[01:27:17.960 --> 01:27:20.960]  It was a she, but yeah, I don't know if she did or not,
[01:27:20.960 --> 01:27:23.960]  but she dropped everything and that was that.
[01:27:23.960 --> 01:27:24.960]  Well, that's good.
[01:27:24.960 --> 01:27:26.960]  That's what we want to start seeing.
[01:27:26.960 --> 01:27:30.960]  I sent someone into court Thursday.
[01:27:30.960 --> 01:27:33.960]  First time they went in the court, the judge,
[01:27:33.960 --> 01:27:39.960]  he tried to read a statement onto the record and the judge shouted him down,
[01:27:39.960 --> 01:27:43.960]  ruled against him, threw him out of the courtroom.
[01:27:43.960 --> 01:27:48.960]  So we go back and follow my challenge to subject matter jurisdiction,
[01:27:48.960 --> 01:27:53.960]  and I walked right down the code and showed why
[01:27:53.960 --> 01:27:57.960]  Addison, Texas, an officer from Addison, Texas,
[01:27:57.960 --> 01:28:01.960]  could not be certified to enforce the transportation code.
[01:28:01.960 --> 01:28:03.960]  Chapter and verse.
[01:28:03.960 --> 01:28:13.960]  And we filed a motion to recuse the judge for his unprofessional and uncivil behavior.
[01:28:13.960 --> 01:28:20.960]  They got into court this time and they didn't take him last, they took him first.
[01:28:20.960 --> 01:28:25.960]  And the judge said that the motion to recuse was filed with the head administrative judge
[01:28:25.960 --> 01:28:29.960]  of the district and the head administrative judge of the district denied recusal.
[01:28:29.960 --> 01:28:33.960]  Did that exactly the way they were supposed to.
[01:28:33.960 --> 01:28:40.960]  The hearing on the challenge subject matter jurisdiction was delayed for four months,
[01:28:40.960 --> 01:28:44.960]  puts it outside of statute of limitations, puts it outside speedy trial,
[01:28:44.960 --> 01:28:46.960]  now he can move to dismiss.
[01:28:46.960 --> 01:28:51.960]  The way I read it, they're looking for a reason to dismiss this thing
[01:28:51.960 --> 01:28:54.960]  so they don't have to address it.
[01:28:54.960 --> 01:29:00.960]  And what the judge didn't know was in his hand he had three criminal complaints
[01:29:00.960 --> 01:29:06.960]  against the judge, witness tampering, obstruction of justice, official oppression.
[01:29:06.960 --> 01:29:10.960]  Want to have yourself a big mouth and a bad attitude?
[01:29:10.960 --> 01:29:15.960]  We see if we can't adjust your attitude.
[01:29:15.960 --> 01:29:19.960]  And it is a great way to learn the law.
[01:29:19.960 --> 01:29:21.960]  And it's a great way to go.
[01:29:21.960 --> 01:29:24.960]  You have all these people that want to be left alone.
[01:29:24.960 --> 01:29:27.960]  Just get them to leave you alone.
[01:29:27.960 --> 01:29:30.960]  You're in Montgomery?
[01:29:30.960 --> 01:29:37.960]  Yeah, in a previous conversation you'd asked me what did I want to achieve with how I hear the music.
[01:29:37.960 --> 01:29:39.960]  Okay, I'll let you go.
[01:29:39.960 --> 01:29:41.960]  You've answered my question, thanks for your time Randy.
[01:29:41.960 --> 01:29:43.960]  We'll talk to you again soon.
[01:29:43.960 --> 01:29:45.960]  Thank you very much.
[01:29:45.960 --> 01:29:48.960]  This is Randy Kelton, Wheel of Law Radio.
[01:29:48.960 --> 01:29:51.960]  We have one more segment and no more callers.
[01:29:51.960 --> 01:29:53.960]  So if you have a quick question, give us a call.
[01:29:53.960 --> 01:30:04.960]  We'll be right back.
[01:30:04.960 --> 01:30:09.960]  For many people, life without tweeting, blogging or emailing would be unimaginable.
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[01:31:04.960 --> 01:31:10.960]  For the most part, they're senior citizens, minorities, the poor and those with lower levels of education.
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[01:31:30.960 --> 01:31:36.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.960 --> 01:31:38.960]  The government says that fire brought it down.
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[01:33:07.960 --> 01:33:11.960]  The Logos Radio Network
[01:33:23.960 --> 01:33:24.960]  Okay, we are back.
[01:33:24.960 --> 01:33:29.960]  Randy Kelton, the news of our radio and we're going to walk in New Mexico.
[01:33:29.960 --> 01:33:30.960]  Hello, Rob.
[01:33:32.960 --> 01:33:33.960]  Hello.
[01:33:33.960 --> 01:33:34.960]  Hello.
[01:33:34.960 --> 01:33:36.960]  We are, we can hear you.
[01:33:36.960 --> 01:33:38.960]  What do you have for us today?
[01:33:38.960 --> 01:33:44.960]  Okay, update on my multitude of cases.
[01:33:44.960 --> 01:33:46.960]  Interesting thing.
[01:33:46.960 --> 01:33:53.960]  On November 14th, I filed a notice of seller's default into the county record.
[01:33:53.960 --> 01:33:54.960]  I'm sorry.
[01:33:54.960 --> 01:34:01.960]  On November 14th, I filed suit against SunWest Trust, the fake escrow servicer.
[01:34:01.960 --> 01:34:09.960]  On November 15th, the notice of seller's default was filed into the county record.
[01:34:09.960 --> 01:34:10.960]  I'm wrong.
[01:34:10.960 --> 01:34:11.960]  October.
[01:34:11.960 --> 01:34:16.960]  Everything I just said, but October.
[01:34:16.960 --> 01:34:29.960]  The debt collector attorney that I sued under Fair Debt Collection Practices Act on October 22nd
[01:34:29.960 --> 01:34:36.960]  filed a notice of default electronically and electronically filed a special warranty deed
[01:34:36.960 --> 01:34:40.960]  conveying the property back to the seller.
[01:34:40.960 --> 01:34:51.960]  Now, this attorney came in after I sent a dispute letter and a request for accounting to SunWest Trust.
[01:34:51.960 --> 01:34:52.960]  Wait a minute.
[01:34:52.960 --> 01:34:57.960]  A special warranty deed conveying the property back to the seller?
[01:34:57.960 --> 01:35:00.960]  Interesting.
[01:35:00.960 --> 01:35:01.960]  Basically.
[01:35:01.960 --> 01:35:07.960]  Is there a contractual provision for that in your contract?
[01:35:07.960 --> 01:35:15.960]  There is a provision to do that, but I believe that it has to be done by the seller.
[01:35:15.960 --> 01:35:21.960]  I don't think that the debt collector attorney can do that.
[01:35:21.960 --> 01:35:30.960]  I'm trying to look for it right here, but the fact that he did it after I filed against the escrow company
[01:35:30.960 --> 01:35:38.960]  for refusing to provide me with the information, I don't think that's going to look good for him, is it?
[01:35:38.960 --> 01:35:39.960]  I wouldn't think so.
[01:35:39.960 --> 01:35:41.960]  That doesn't sound right.
[01:35:41.960 --> 01:35:45.960]  That's why I ask about a contractual provision.
[01:35:45.960 --> 01:35:51.960]  This would bypass all the foreclosure laws.
[01:35:51.960 --> 01:35:54.960]  Here's default by buyer.
[01:35:54.960 --> 01:36:05.960]  If seller or seller's agent delivers a default affidavit to the escrow agent,
[01:36:05.960 --> 01:36:11.960]  then escrow agent will release and deliver the escrow documents to the seller.
[01:36:11.960 --> 01:36:19.960]  Escrow agent will be entitled to rely on the default affidavit as conclusive proof of termination.
[01:36:19.960 --> 01:36:27.960]  They have to give it back to the seller, then the seller can file the special warranty deed into the record.
[01:36:27.960 --> 01:36:37.960]  It doesn't say anything about the debt collector attorney filing it into the record electronically,
[01:36:37.960 --> 01:36:41.960]  especially after I already sued the servicer.
[01:36:41.960 --> 01:36:42.960]  Now wait a minute.
[01:36:42.960 --> 01:36:53.960]  If I filed in the record a warranty deed transferring your property to me, what would you do?
[01:36:53.960 --> 01:36:58.960]  I would challenge that.
[01:36:58.960 --> 01:37:06.960]  I would think you'd call the sheriff and ask him to come and arrest me for trying to steal your property.
[01:37:06.960 --> 01:37:12.960]  Well, what this does though is it conveys the property back to the seller,
[01:37:12.960 --> 01:37:18.960]  so the debt collector attorney didn't convey it to himself.
[01:37:18.960 --> 01:37:21.960]  No, we don't care who he gave it to.
[01:37:21.960 --> 01:37:26.960]  So if I stole your property and gave it to somebody else, so what?
[01:37:26.960 --> 01:37:27.960]  Okay.
[01:37:27.960 --> 01:37:30.960]  Well, I will get on that part then.
[01:37:30.960 --> 01:37:35.960]  If this guy doesn't have authority to do that, that's conversion.
[01:37:35.960 --> 01:37:38.960]  Yeah, that's what I was thinking.
[01:37:38.960 --> 01:37:45.960]  Now another interesting deal is this goes way back.
[01:37:45.960 --> 01:37:50.960]  It's looking like these people never had title of the place in the first place.
[01:37:50.960 --> 01:37:58.960]  There was a special master's deed way back in 1988 after a foreclosure,
[01:37:58.960 --> 01:38:08.960]  given the property to, what is it, hold on, digging it out here.
[01:38:08.960 --> 01:38:18.960]  Given the property to, where did it go?
[01:38:18.960 --> 01:38:22.960]  Plaza del Sol I think was the name of the bank.
[01:38:22.960 --> 01:38:27.960]  Yeah, okay, Plaza National Bank was the name of it.
[01:38:27.960 --> 01:38:34.960]  Now the next document filed is from Inter America Bank,
[01:38:34.960 --> 01:38:42.960]  a state chartered bank formerly known as Plaza National Bank in 2001,
[01:38:42.960 --> 01:38:49.960]  given the property for consideration paid to the people I bought it from.
[01:38:49.960 --> 01:38:56.960]  Okay, well, if they're both the same bank, I don't see an issue.
[01:38:56.960 --> 01:39:03.960]  Does there not need to be an assignment from Plaza National Bank to Inter America?
[01:39:03.960 --> 01:39:11.960]  Not if the bank changed its name and it's still the same company.
[01:39:11.960 --> 01:39:15.960]  Now if the bank was bought out by somebody else, it would have to be.
[01:39:15.960 --> 01:39:17.960]  Yeah, it wouldn't have been bought out.
[01:39:17.960 --> 01:39:21.960]  It's reasonable that there should be a provision in there
[01:39:21.960 --> 01:39:29.960]  to positively identify the holder, but just because it should be there,
[01:39:29.960 --> 01:39:33.960]  I've never seen one of that nature.
[01:39:33.960 --> 01:39:39.960]  I haven't seen anything in any of the codes that says if you, Randy Kelton,
[01:39:39.960 --> 01:39:44.960]  go down and file a deed of trust on this property or a warranty deed on this property,
[01:39:44.960 --> 01:39:47.960]  and then you go legally change your name,
[01:39:47.960 --> 01:39:51.960]  you have to come back here and file under your new name.
[01:39:51.960 --> 01:39:54.960]  I've never seen anything like that.
[01:39:54.960 --> 01:39:55.960]  Okay.
[01:39:55.960 --> 01:40:00.960]  So they probably can do what they've done.
[01:40:00.960 --> 01:40:04.960]  Now the other thing is that in 2001, I'm guessing,
[01:40:04.960 --> 01:40:09.960]  I don't have the date in front of me, but I'm guessing shortly after this warranty deed was issued,
[01:40:09.960 --> 01:40:16.960]  the Townsend's took out a mortgage with Wells Fargo.
[01:40:16.960 --> 01:40:19.960]  There's no release of mortgage on the record.
[01:40:19.960 --> 01:40:22.960]  That was, what, 14 years ago?
[01:40:22.960 --> 01:40:24.960]  Well, that's interesting.
[01:40:24.960 --> 01:40:29.960]  Yeah, it's possible that they got a short-term mortgage and paid it off,
[01:40:29.960 --> 01:40:31.960]  but I'm wondering if they have a mortgage on this place
[01:40:31.960 --> 01:40:34.960]  and didn't actually have clear title to sell it to me.
[01:40:34.960 --> 01:40:41.960]  The record, if there is a mortgage and there is no release of lien,
[01:40:41.960 --> 01:40:44.960]  then the mortgage is still valid.
[01:40:44.960 --> 01:40:50.960]  I mean, the claim against the property is still valid.
[01:40:50.960 --> 01:40:57.960]  Well, so far as you're concerned, so far as the public record is concerned.
[01:40:57.960 --> 01:41:00.960]  Now, it may be a claim that can be argued,
[01:41:00.960 --> 01:41:03.960]  and maybe they just didn't file the release of lien,
[01:41:03.960 --> 01:41:10.960]  but as far as you're concerned, there's a claim against the title.
[01:41:10.960 --> 01:41:15.960]  How much should I ask for?
[01:41:15.960 --> 01:41:19.960]  How much is the claim?
[01:41:19.960 --> 01:41:21.960]  Mine, currently?
[01:41:21.960 --> 01:41:26.960]  No, not yours, the one where they apparently took out a mortgage.
[01:41:26.960 --> 01:41:29.960]  Oh, I don't have that information.
[01:41:29.960 --> 01:41:31.960]  I didn't actually get a copy.
[01:41:31.960 --> 01:41:34.960]  I just was talking on the phone to the county clerk,
[01:41:34.960 --> 01:41:39.960]  and she was digging through the records and giving me everything she could find.
[01:41:39.960 --> 01:41:44.960]  Yeah, just get a copy of that and whatever the amount of that claim is,
[01:41:44.960 --> 01:41:47.960]  you add that to your claim.
[01:41:47.960 --> 01:41:48.960]  Cool.
[01:41:48.960 --> 01:41:49.960]  Okay.
[01:41:49.960 --> 01:41:54.960]  Now, back to the attorney.
[01:41:54.960 --> 01:42:00.960]  Okay, aside from the possible conversion issue,
[01:42:00.960 --> 01:42:06.960]  back to Sun West who was the alleged servicer and never proved anything,
[01:42:06.960 --> 01:42:12.960]  answered my information request, and then I sued them already
[01:42:12.960 --> 01:42:16.960]  before the attorney filed these documents into the county record.
[01:42:16.960 --> 01:42:20.960]  So even if it's not conversion and he had authority to do that,
[01:42:20.960 --> 01:42:27.960]  wouldn't he be stopped from doing that by the fact that it was already in a legal dispute?
[01:42:27.960 --> 01:42:30.960]  No, not unless he wouldn't be statutorily stopped.
[01:42:30.960 --> 01:42:35.960]  You would have to get a restraining order.
[01:42:35.960 --> 01:42:40.960]  Okay.
[01:42:40.960 --> 01:42:44.960]  And it's probably not a bad idea to ask for a restraining order
[01:42:44.960 --> 01:42:47.960]  any time we're filing the action like this
[01:42:47.960 --> 01:42:52.960]  to keep the banks from moving the properties around.
[01:42:52.960 --> 01:42:53.960]  Right.
[01:42:53.960 --> 01:43:00.960]  Well, we just had yesterday somebody from an insurance company come over
[01:43:00.960 --> 01:43:03.960]  taking pictures of the place,
[01:43:03.960 --> 01:43:07.960]  and my wife asked them what the heck they were doing and who they were,
[01:43:07.960 --> 01:43:09.960]  and they would not identify themselves,
[01:43:09.960 --> 01:43:13.960]  and she told them that the property was involved in litigation,
[01:43:13.960 --> 01:43:17.960]  and they got all educated and took off.
[01:43:17.960 --> 01:43:19.960]  So I called the company,
[01:43:19.960 --> 01:43:26.960]  and the lady confirmed that they did have an insurance policy on the place.
[01:43:26.960 --> 01:43:30.960]  I asked her who was the insured, she would not tell me,
[01:43:30.960 --> 01:43:34.960]  and I informed her that there was litigation involved
[01:43:34.960 --> 01:43:37.960]  and that if she didn't want to be involved in the litigation,
[01:43:37.960 --> 01:43:59.960]  she might want to reconsider her relationship with her client.
[01:43:59.960 --> 01:44:03.960]  You feel tired when talking about important topics like money and politics?
[01:44:03.960 --> 01:44:04.960]  Boring.
[01:44:04.960 --> 01:44:06.960]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:06.960 --> 01:44:07.960]  What?
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[01:46:00.960 --> 01:46:22.960]  Okay, we are back.
[01:46:22.960 --> 01:46:27.960]  Brandon Dalton, Rule of Law Radio, and we're talking to Rob in New Mexico.
[01:46:27.960 --> 01:46:30.960]  Okay.
[01:46:30.960 --> 01:46:41.960]  I don't think from what I hear that the insurance company is at any risk.
[01:46:41.960 --> 01:46:44.960]  Now, the insurance company is going to have to check
[01:46:44.960 --> 01:46:51.960]  and see who holds the claim on the property
[01:46:51.960 --> 01:46:53.960]  because they wouldn't be able to, you know,
[01:46:53.960 --> 01:47:01.960]  I couldn't come and get an insurance policy on your property
[01:47:01.960 --> 01:47:07.960]  because then it would be valuable to me to burn it down.
[01:47:07.960 --> 01:47:14.960]  So for them to issue insurance, that may be why they file the warranty deed
[01:47:14.960 --> 01:47:18.960]  in order to be able to put insurance on it.
[01:47:18.960 --> 01:47:24.960]  That could very well be, and I'm, you know, I don't know what the heck they're doing.
[01:47:24.960 --> 01:47:31.960]  I can't figure out if these people are incredibly stupid or incredibly evil.
[01:47:31.960 --> 01:47:35.960]  Yeah, well, if, you know, you live in this house
[01:47:35.960 --> 01:47:39.960]  and now somebody has filed a bogus warranty deed
[01:47:39.960 --> 01:47:42.960]  and now they've got insurance on the property,
[01:47:42.960 --> 01:47:47.960]  you're afraid they're going to burn it down with you in it.
[01:47:47.960 --> 01:47:48.960]  Exactly.
[01:47:48.960 --> 01:47:56.960]  So you might want to go to the sheriff and tell him, I'm concerned here.
[01:47:56.960 --> 01:47:59.960]  This stuff doesn't look good.
[01:47:59.960 --> 01:48:03.960]  That'd be great for the lawyer who did the transfer.
[01:48:03.960 --> 01:48:04.960]  Mm-hmm.
[01:48:04.960 --> 01:48:11.960]  Have you sent him a notice notifying him to rescind the warranty deed?
[01:48:11.960 --> 01:48:15.960]  Well, I can't, can I send that to you?
[01:48:15.960 --> 01:48:18.960]  I'm sorry, I've had a long, bad day and I'm all frazzled.
[01:48:18.960 --> 01:48:21.960]  Can I send that to him even though I already sued him?
[01:48:21.960 --> 01:48:23.960]  Yeah.
[01:48:23.960 --> 01:48:25.960]  Okay.
[01:48:25.960 --> 01:48:31.960]  Yeah, you can order him to rescind that, you know, to notice a report.
[01:48:31.960 --> 01:48:37.960]  But I would go report it to the sheriff to have the report on file
[01:48:37.960 --> 01:48:42.960]  that somebody has transferred your property, converted your property to their benefit,
[01:48:42.960 --> 01:48:46.960]  and they've filed an insurance policy on it and you're living in the property
[01:48:46.960 --> 01:48:49.960]  and you're concerned they're going to burn it down and collect the insurance
[01:48:49.960 --> 01:48:52.960]  and get rid of you in the same time.
[01:48:52.960 --> 01:48:56.960]  Yeah.
[01:48:56.960 --> 01:48:59.960]  That ought to be a hoot.
[01:48:59.960 --> 01:49:01.960]  Yeah.
[01:49:01.960 --> 01:49:06.960]  The story don't have to be true, it just has to be a good story.
[01:49:06.960 --> 01:49:08.960]  Well, shoot, I don't know that it's not true.
[01:49:08.960 --> 01:49:12.960]  Like I said, I can't, you know, I mean, this whole thing,
[01:49:12.960 --> 01:49:17.960]  they could have said way back when, you know, hey, do you fall,
[01:49:17.960 --> 01:49:21.960]  this isn't what happened with the insurance, this is what really happened,
[01:49:21.960 --> 01:49:23.960]  you're wrong, let's fix it.
[01:49:23.960 --> 01:49:27.960]  You know, they never did that, they just ignored everything I said.
[01:49:27.960 --> 01:49:28.960]  Yeah.
[01:49:28.960 --> 01:49:31.960]  Well, you are a truck driver after all.
[01:49:31.960 --> 01:49:35.960]  Right, well, either they're incredibly stupid or they're incredibly evil
[01:49:35.960 --> 01:49:38.960]  and this is all deliberate and I can't figure out which.
[01:49:38.960 --> 01:49:42.960]  Well, you know, even if you really don't think they might burn the house down,
[01:49:42.960 --> 01:49:46.960]  can you risk that?
[01:49:46.960 --> 01:49:49.960]  No, not with my wife and kids there.
[01:49:49.960 --> 01:49:51.960]  Right, so I would go straight to the sheriff
[01:49:51.960 --> 01:49:54.960]  if you want the sheriff to come talk to them,
[01:49:54.960 --> 01:49:58.960]  and that would probably get their attention.
[01:49:58.960 --> 01:50:00.960]  All right.
[01:50:00.960 --> 01:50:04.960]  Okay, do you have anything else for us?
[01:50:04.960 --> 01:50:08.960]  Affirmative defenses.
[01:50:08.960 --> 01:50:12.960]  Do they have to be pled or can they just be named?
[01:50:12.960 --> 01:50:16.960]  They must be pled.
[01:50:16.960 --> 01:50:18.960]  Awesome.
[01:50:18.960 --> 01:50:20.960]  Okay, now on.
[01:50:20.960 --> 01:50:23.960]  Okay, let me back up.
[01:50:23.960 --> 01:50:28.960]  Must they be pled or named?
[01:50:28.960 --> 01:50:34.960]  Do they have they named affirmative defenses in a response?
[01:50:34.960 --> 01:50:40.960]  The affirmative defenses are the petition fails in whole or in part
[01:50:40.960 --> 01:50:45.960]  for failure to state a claim upon which relief may be granted.
[01:50:45.960 --> 01:50:48.960]  Plaintiff's breach of contract claim fails for lack of privity
[01:50:48.960 --> 01:50:51.960]  and failure of consideration.
[01:50:51.960 --> 01:50:56.960]  Plaintiff's breach of contract claim fail, claims fail for failure.
[01:50:56.960 --> 01:50:57.960]  Hold on.
[01:50:57.960 --> 01:51:00.960]  They fail for lack of privity?
[01:51:00.960 --> 01:51:02.960]  Yeah.
[01:51:02.960 --> 01:51:05.960]  Isn't your signature on that contract?
[01:51:05.960 --> 01:51:08.960]  Yeah, last I checked, I was a party to the contract,
[01:51:08.960 --> 01:51:10.960]  so I don't know where they're going.
[01:51:10.960 --> 01:51:13.960]  Okay, who did you sue?
[01:51:13.960 --> 01:51:16.960]  Well, okay, I sued the seller.
[01:51:16.960 --> 01:51:19.960]  This is actually the answer from the broker
[01:51:19.960 --> 01:51:21.960]  and the real estate company,
[01:51:21.960 --> 01:51:26.960]  so it's the seller's son and her business that he's the owner of.
[01:51:26.960 --> 01:51:29.960]  Are they named in the action?
[01:51:29.960 --> 01:51:30.960]  Yes.
[01:51:30.960 --> 01:51:32.960]  Oh, okay.
[01:51:32.960 --> 01:51:37.960]  But the fact that there are a broker and a real estate agency
[01:51:37.960 --> 01:51:39.960]  is not necessarily relevant.
[01:51:39.960 --> 01:51:44.960]  Are they parties to the transaction?
[01:51:44.960 --> 01:51:48.960]  They are not parties to the actual contract,
[01:51:48.960 --> 01:51:52.960]  but they were parties in creating the contract,
[01:51:52.960 --> 01:51:58.960]  and I'm alleging that they assisted by their actions in breaching the contract
[01:51:58.960 --> 01:52:01.960]  or in costing a breach of the contract.
[01:52:01.960 --> 01:52:05.960]  Okay, then the privity argument's irrelevant.
[01:52:05.960 --> 01:52:06.960]  Okay.
[01:52:06.960 --> 01:52:09.960]  Okay.
[01:52:09.960 --> 01:52:14.960]  Let me see, material breaches of his obligations under the real estate contract
[01:52:14.960 --> 01:52:17.960]  excuse performance by other defendants.
[01:52:17.960 --> 01:52:22.960]  That's because I stopped paying after I sent them the notice of rescission.
[01:52:22.960 --> 01:52:27.960]  Plaintiff's claims fail under the equitable doctrine of unclean hands.
[01:52:27.960 --> 01:52:33.960]  Plaintiff's claims fail under the equitable doctrine of latches, waiver, and estoppel.
[01:52:33.960 --> 01:52:35.960]  Defendants deny any fault.
[01:52:35.960 --> 01:52:37.960]  To the extent fault is attributed to them,
[01:52:37.960 --> 01:52:41.960]  they are entitled to have a jury compare their fault with plaintiff's
[01:52:41.960 --> 01:52:45.960]  and others under the doctrine of comparative fault.
[01:52:45.960 --> 01:52:48.960]  Plaintiff has failed to mitigate damages.
[01:52:48.960 --> 01:52:50.960]  No act or omission by these defendants
[01:52:50.960 --> 01:52:54.960]  has approximately caused plaintiff's alleged damages.
[01:52:54.960 --> 01:53:00.960]  Plaintiff's claims amount to malicious abuse of process.
[01:53:00.960 --> 01:53:03.960]  Plaintiff has failed to plead allegations of fraud
[01:53:03.960 --> 01:53:09.960]  with the requisite specificity required by the rules of civil procedure.
[01:53:09.960 --> 01:53:11.960]  Plaintiff's UPA claims are groundless
[01:53:11.960 --> 01:53:15.960]  and defendants are entitled to recover attorney fees for defending
[01:53:15.960 --> 01:53:17.960]  against plaintiff's groundless claims.
[01:53:17.960 --> 01:53:22.960]  Plaintiff's claims are barred in whole or in part by the statute of frauds.
[01:53:22.960 --> 01:53:27.960]  Plaintiff's claims are barred in whole or in part by the parole evidence rule.
[01:53:27.960 --> 01:53:31.960]  And defendants reserve the right to supplement these affirmative defenses
[01:53:31.960 --> 01:53:34.960]  as discovery progresses in this case.
[01:53:34.960 --> 01:53:44.960]  Okay, that sounds like kind of a standard denial, a standard response to a suit.
[01:53:44.960 --> 01:53:48.960]  So, most of that's trash.
[01:53:48.960 --> 01:53:51.960]  Right.
[01:53:51.960 --> 01:53:54.960]  But I'd have to have in front of me to be able to go through each one,
[01:53:54.960 --> 01:54:03.960]  but I didn't hear anything in there that sounded like it would get your suit dismissed.
[01:54:03.960 --> 01:54:05.960]  That sounds good.
[01:54:05.960 --> 01:54:10.960]  Move to strike for insufficiently pled affirmative defenses?
[01:54:10.960 --> 01:54:17.960]  Okay, in order to do that, you need to show how they're insufficiently pled.
[01:54:17.960 --> 01:54:20.960]  Oh, okay.
[01:54:20.960 --> 01:54:23.960]  Yeah.
[01:54:23.960 --> 01:54:25.960]  But you may be able to do that.
[01:54:25.960 --> 01:54:30.960]  Any of them that are insufficiently pled, you can move to strike.
[01:54:30.960 --> 01:54:34.960]  They don't state any facts to support them.
[01:54:34.960 --> 01:54:36.960]  Actually, no, that's not a pleading.
[01:54:36.960 --> 01:54:40.960]  That's an answer, and all they have to do is deny.
[01:54:40.960 --> 01:54:43.960]  Even on the affirmative defenses?
[01:54:43.960 --> 01:54:47.960]  Affirmative defenses, you have to look at code,
[01:54:47.960 --> 01:54:52.960]  but I would expect they would have to plead the elements of the affirmative defense.
[01:54:52.960 --> 01:54:55.960]  Right, that's what I thought.
[01:54:55.960 --> 01:55:06.960]  Okay, now, can they realistically claim insufficient knowledge of matters that are of public record?
[01:55:06.960 --> 01:55:08.960]  No.
[01:55:08.960 --> 01:55:10.960]  Good.
[01:55:10.960 --> 01:55:16.960]  They claimed insufficient knowledge about their own license numbers.
[01:55:16.960 --> 01:55:19.960]  I should ask for sanctions for them.
[01:55:19.960 --> 01:55:23.960]  Well, unless it's irrelevant.
[01:55:23.960 --> 01:55:26.960]  If their license number are publicly available,
[01:55:26.960 --> 01:55:33.960]  you can't ask for them because you have equal access.
[01:55:33.960 --> 01:55:35.960]  Have what?
[01:55:35.960 --> 01:55:40.960]  No, no, I stated their license numbers in my statement of facts.
[01:55:40.960 --> 01:55:45.960]  Oh, that's just a matter of denying everything.
[01:55:45.960 --> 01:55:57.960]  If you don't watch him, you'll deny his denial.
[01:55:57.960 --> 01:56:01.960]  Okay, it sounds like a lawyer is getting out of hand.
[01:56:01.960 --> 01:56:04.960]  He didn't want to stipulate to the license number.
[01:56:04.960 --> 01:56:13.960]  That's pretty stupid, but it's also irrelevant, so I wouldn't even bring it up.
[01:56:13.960 --> 01:56:15.960]  Okay.
[01:56:15.960 --> 01:56:17.960]  It's bad enough that they're doing irrelevant crap.
[01:56:17.960 --> 01:56:19.960]  If you ignore the irrelevant crap,
[01:56:19.960 --> 01:56:23.960]  the judge is not going to think you're such a pro se,
[01:56:23.960 --> 01:56:26.960]  but you're not doing the kind of trash they are,
[01:56:26.960 --> 01:56:31.960]  so you're pleading your case, defending your case,
[01:56:31.960 --> 01:56:35.960]  or prosecuting it better than they're defending.
[01:56:35.960 --> 01:56:44.960]  So that'll help you get over the pro se bias.
[01:56:44.960 --> 01:56:48.960]  Just don't go in there with a truck driver head on.
[01:56:48.960 --> 01:56:55.960]  No, I was going to go in there with overalls.
[01:56:55.960 --> 01:57:02.960]  Okay, so how long before you expect this thing to get to court?
[01:57:02.960 --> 01:57:05.960]  I have no idea.
[01:57:05.960 --> 01:57:07.960]  I've got this answer.
[01:57:07.960 --> 01:57:11.960]  There was a motion to dismiss from two of the other defendants.
[01:57:11.960 --> 01:57:15.960]  I just filed a motion in opposition to that,
[01:57:15.960 --> 01:57:20.960]  and then I've got two other motions to dismiss that just got filed on the fourth,
[01:57:20.960 --> 01:57:23.960]  and I don't actually have those yet.
[01:57:23.960 --> 01:57:28.960]  So I've got to respond to those, get them, respond to them by the 19th,
[01:57:28.960 --> 01:57:33.960]  and see what happens from there.
[01:57:33.960 --> 01:57:39.960]  Okay, well, wish you luck on it and kind of keep us up to date on how it goes.
[01:57:39.960 --> 01:57:41.960]  Will do, will do.
[01:57:41.960 --> 01:57:44.960]  I'll be calling the sheriff's office tomorrow.
[01:57:44.960 --> 01:57:47.960]  Okay, that ought to be fine.
[01:57:47.960 --> 01:57:50.960]  Okay, thank you, Rob.
[01:57:50.960 --> 01:57:52.960]  Good night.
[01:57:52.960 --> 01:57:55.960]  Okay, Jimmy, I am sorry.
[01:57:55.960 --> 01:57:57.960]  We are down to less than a minute.
[01:57:57.960 --> 01:58:00.960]  We're not going to have time to get to you today.
[01:58:00.960 --> 01:58:03.960]  It's kind of hard when you call in really late.
[01:58:03.960 --> 01:58:04.960]  It's hard to get to everybody.
[01:58:04.960 --> 01:58:07.960]  This is Randy Kelton, the ruler of our radio.
[01:58:07.960 --> 01:58:12.960]  We will be back next Thursday with Deborah Stevens
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