[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing your daily
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.320]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.320 --> 00:27.840]  Markets for Wednesday, the 27th of April, 2016, are currently trading with gold at $1,244.98
[00:27.840 --> 00:35.160]  an ounce, silver $17.20 an ounce, Texas crude $42.64 a barrel, and Bitcoin is currently
[00:35.160 --> 00:43.560]  at about $457 U.S. currency.
[00:43.560 --> 00:49.800]  Today in history, the year 1909, the Sultan of Turkey, Abdul Hamid II, is overthrown
[00:49.800 --> 00:54.560]  by the Sultan's military counter-coup, which was in response to the young Turks' coup.
[00:54.560 --> 01:00.560]  His brother, Rashad Effendi, was then proclaimed as Sultan Mehmed V, the fall of Abdul Hamid
[01:00.560 --> 01:06.480]  II, today in history.
[01:06.480 --> 01:10.920]  In recent news, Dennis Hastert, former House Speaker, was sentenced to 15 months in prison
[01:10.920 --> 01:15.840]  and ordered to pay $250,000 today and two years of supervised release once he finished
[01:15.840 --> 01:17.080]  his prison term.
[01:17.080 --> 01:21.480]  The fine is for a victims' hush money case, which was uncovered by the FBI, where he was
[01:21.480 --> 01:25.920]  accused of sexually abusing young boys as a teacher in Illinois.
[01:25.920 --> 01:30.440]  Hastert did admit to Judge Thomas M. Durkin in open court that he abused at least one
[01:30.440 --> 01:31.440]  child.
[01:31.440 --> 01:36.080]  The primary accuser in a sexual abuse case, who had received $1.7 million from Hastert,
[01:36.080 --> 01:44.280]  has also sued Hastert for the remaining $1.8 million he was promised.
[01:44.280 --> 01:48.960]  The President of Venezuela, Nicolas Maduro, announced on his regular presidential broadcast
[01:48.960 --> 01:53.400]  that in a desperate attempt to save electricity, the public sector, or government employees
[01:53.400 --> 01:57.520]  who make up a third of the country's workforce, will work Monday and Tuesday and have the
[01:57.520 --> 01:58.960]  rest of the week off.
[01:58.960 --> 02:02.800]  This five-day weekend is being implemented in order to save as much electricity as possible.
[02:02.800 --> 02:06.360]  The shortage has resulted from a drought the country has been going through since Venezuela's
[02:06.360 --> 02:08.960]  electricity primarily comes from hydroelectric plants.
[02:08.960 --> 02:12.560]  They're banking on the rainy season, which is expected shortly, to save the country's
[02:12.560 --> 02:13.960]  electric shortage.
[02:13.960 --> 02:17.400]  Forced blackouts lasting four hours, at the minimum, have been imposed across much of
[02:17.400 --> 02:21.480]  the country, putting the country's scarce food supplies and restaurants and markets
[02:21.480 --> 02:22.920]  at risk of spoiling.
[02:22.920 --> 02:27.720]  For more than 12 hours after the declaration, rioters, as could be expected, went on a spree
[02:27.720 --> 02:32.360]  against businesses and even attacked the headquarters of the government's power company, Corpo
[02:32.360 --> 02:33.360]  Elec.
[02:33.360 --> 02:35.800]  A significant rainfall does not arrive within a few weeks.
[02:35.800 --> 02:38.800]  Much of Venezuela will be at risk of a near total blackout.
[02:38.800 --> 02:42.440]  Venezuela's economy is projected to shrink 8 percent this year, with inflation running
[02:42.440 --> 02:46.760]  at a whopping 720 percent, according to the International Monetary Fund.
[02:46.760 --> 02:50.540]  Though the effects of socialism on people are not funny, I can't help but ask what
[02:50.540 --> 02:53.520]  socialists used for light before they used candles.
[02:53.520 --> 02:54.520]  Apparently it was electricity.
[02:54.520 --> 03:24.440]  This was your Lowdown for April 27, 2016.
[03:24.440 --> 03:25.440]  Okay.
[03:25.440 --> 03:26.440]  We are back.
[03:26.440 --> 03:33.720]  We're at the Kelton VetPak Rula Radio, and we're talking to Mark in Louisiana.
[03:33.720 --> 03:42.640]  And the first thing you need is a good evaluation, a good accounting of everything that's been
[03:42.640 --> 03:43.640]  paid.
[03:43.640 --> 03:47.840]  And I can assure you, you're going to have a terrible time getting it.
[03:47.840 --> 03:49.200]  How old is this note?
[03:49.200 --> 03:52.720]  It's not that old.
[03:52.720 --> 04:01.280]  We got about six years, I have that at double check, I know it's not that long, six, seven
[04:01.280 --> 04:02.280]  years.
[04:02.280 --> 04:03.280]  Okay.
[04:03.280 --> 04:07.280]  To your knowledge, have they changed servicers?
[04:07.280 --> 04:13.240]  Well, when we first got it, it was through this interlink mortgage, and in less than
[04:13.240 --> 04:15.440]  two weeks, we're dealing with Wells Fargo.
[04:15.440 --> 04:19.320]  Has it been Wells Fargo ever since?
[04:19.320 --> 04:20.320]  Yes.
[04:20.320 --> 04:29.000]  Okay, that helps, because generally a servicer can only provide you with accounting for the
[04:29.000 --> 04:33.280]  amount of time that they've been servicing the loan.
[04:33.280 --> 04:39.440]  And so when you do a debt validation, and this might be proper for a debt validation
[04:39.440 --> 04:43.000]  letter.
[04:43.000 --> 04:51.000]  If you have reason to believe that they're charging you incorrectly or adding inappropriate
[04:51.000 --> 04:55.920]  charges, you might do a debt validation letter under the Fair Debt Collections Practices
[04:55.920 --> 05:02.760]  Act, and ask them to validate the debt while they will give you an accounting.
[05:02.760 --> 05:06.680]  Most of the times when I get an accounting, it's not readable, they give you an accounting
[05:06.680 --> 05:16.600]  that has terms that are in the form of acronyms that you don't know what the acronyms mean,
[05:16.600 --> 05:19.040]  so you don't know what any of the numbers mean.
[05:19.040 --> 05:24.100]  But if you get a true accounting where you can tell what everything is, it'll only go
[05:24.100 --> 05:31.240]  back until the servicer took over the note, and that's always a problem.
[05:31.240 --> 05:38.760]  However, once you get the accounting, then you can go back and ask for invoicing supporting
[05:38.760 --> 05:44.760]  the amounts charged.
[05:44.760 --> 05:50.880]  If they can't produce the invoices, then you go in to strike the whole amounts that they
[05:50.880 --> 05:51.880]  charged.
[05:51.880 --> 05:52.880]  Right.
[05:52.880 --> 06:02.000]  So I'm sure they're going to claim escrow amounts for other things, taxes, you know,
[06:02.000 --> 06:07.200]  they're going to do a song and dance about what they're actually charging for, so you
[06:07.200 --> 06:10.840]  want the validation of all of the charges.
[06:10.840 --> 06:12.840]  That should get you started.
[06:12.840 --> 06:13.840]  Okay.
[06:13.840 --> 06:17.440]  Make them prove it up.
[06:17.440 --> 06:26.080]  Okay, once you, if you get the validation and it doesn't support the fees, then you
[06:26.080 --> 06:28.040]  might want to send a tort letter.
[06:28.040 --> 06:33.560]  Do a calculation on how much you project.
[06:33.560 --> 06:40.440]  You can do a, since it's six years, you can look at the average increase over time and
[06:40.440 --> 06:48.280]  then you can project that across the full term of the note and say, based on this mean
[06:48.280 --> 06:55.000]  increase, over 30 years, you can expect it to increase this amount.
[06:55.000 --> 07:02.440]  And since they fail to support any of these increases, you can imply an intent to defraud
[07:02.440 --> 07:07.200]  you of this ultimate amount.
[07:07.200 --> 07:14.680]  When you claim fraud, you don't claim the amount you were actually defrauded of.
[07:14.680 --> 07:20.800]  You claim the amount you would have been defrauded of had their plan went to fruition.
[07:20.800 --> 07:27.240]  So you do a projection across the face of the note and establish how much it appears
[07:27.240 --> 07:33.560]  they intended to defraud you of, but you don't sue for that amount.
[07:33.560 --> 07:34.560]  You sue for treble.
[07:34.560 --> 07:40.520]  So this should give you a pretty good number to throw at them and you put, you put that
[07:40.520 --> 07:44.720]  claim in a tort letter.
[07:44.720 --> 07:52.560]  The courts say they don't want you to use the court as the first remedy.
[07:52.560 --> 07:55.520]  They want you to use the court as a last resort.
[07:55.520 --> 08:02.760]  So they ask you to exercise civil remedy and the only civil remedy that they ask you to
[08:02.760 --> 08:07.800]  exercise is to give notice and opportunity.
[08:07.800 --> 08:11.360]  Notice of harm and opportunity to cure.
[08:11.360 --> 08:14.420]  And that's what a tort letter is.
[08:14.420 --> 08:21.160]  You have harmed me by fraud and your intent to harm was this amount.
[08:21.160 --> 08:29.920]  Therefore, based on your fraud, I would be defrauded over the face of the note for this
[08:29.920 --> 08:36.240]  amount since it's fraud, it would require triple damages.
[08:36.240 --> 08:39.640]  I've been harmed by this amount, make me wholly be sued.
[08:39.640 --> 08:47.240]  And if you use the spreadsheet and plug the numbers into the spreadsheet, you can give
[08:47.240 --> 08:51.640]  them a calculation to the penny.
[08:51.640 --> 08:56.320]  If you go into court and sue them, they're going to work on whittling down the amount
[08:56.320 --> 08:59.400]  that you claim you owe.
[08:59.400 --> 09:05.080]  But in the real world, you and I live in, at the end of the day, the jury is only going
[09:05.080 --> 09:12.640]  to remember one number and that's the number you walked in the door with.
[09:12.640 --> 09:16.200]  So you want a calculation and you don't do like the Republic of Texas does and say you
[09:16.200 --> 09:21.440]  owe me $11 trillion for that traffic ticket.
[09:21.440 --> 09:34.760]  You go in there and say you owe me $253,198.51 and then they say, well, you just made that
[09:34.760 --> 09:35.760]  number up.
[09:35.760 --> 09:37.360]  Actually, I didn't make that number up.
[09:37.360 --> 09:39.760]  Here are my calculations.
[09:39.760 --> 09:44.320]  You can challenge any one of those calculations you want to and if you prove up any one of
[09:44.320 --> 09:50.760]  those fees, well, I'll deduct that from the calculation and we'll recalculate.
[09:50.760 --> 09:55.800]  But at the end of the day, the only one that you're going to remember is the number you
[09:55.800 --> 10:00.640]  walked in with and they know that.
[10:00.640 --> 10:03.320]  So gives you a good bargaining position.
[10:03.320 --> 10:10.560]  This is the thing I'm finding out, if you get foreclosed on improperly, these courts
[10:10.560 --> 10:17.280]  are so corrupt, they're going to rule against you no matter what they've been bought and
[10:17.280 --> 10:19.000]  paid for.
[10:19.000 --> 10:27.880]  Okay, maybe they haven't, but it behooves you to conduct yourself as if they are.
[10:27.880 --> 10:34.640]  So what we do is another consideration, another calculation.
[10:34.640 --> 10:37.520]  How much is it going to cost them to fight you?
[10:37.520 --> 10:38.520]  Exactly.
[10:38.520 --> 10:52.920]  Does it cost you six to 800 bucks an hour to write pleadings?
[10:52.920 --> 10:57.320]  What happens if you start bar grieving them and judicial conduct complaining the judge?
[10:57.320 --> 11:01.680]  Oh yes, that's definitely on my list.
[11:01.680 --> 11:08.840]  These guys so hate pro-says and they don't hate pro-says because pro-says write stupid
[11:08.840 --> 11:09.840]  pleadings.
[11:09.840 --> 11:10.840]  They like that part.
[11:10.840 --> 11:18.040]  They hate pro-says because every once in a while they come across the pro-say from hell.
[11:18.040 --> 11:24.880]  The pro-say who knows how to sting them good and there's nothing they can do about it.
[11:24.880 --> 11:32.240]  If they send them a letter written, a qualified written request, where can I get an example
[11:32.240 --> 11:33.240]  of that?
[11:33.240 --> 11:39.800]  Okay, a qualified written request is a notice of an accounting error.
[11:39.800 --> 11:47.560]  There is no magic special format for that.
[11:47.560 --> 11:55.320]  It's merely a letter claiming an accounting error and demanding that they correct the
[11:55.320 --> 11:58.320]  error.
[11:58.320 --> 12:06.960]  So I do have one, but it may be too devious for you.
[12:06.960 --> 12:17.600]  It is a debt validation letter, qualified written request and notice of rescission.
[12:17.600 --> 12:22.200]  I take it you're up to date on your mortgage payments?
[12:22.200 --> 12:24.240]  Oh yes, yes.
[12:24.240 --> 12:32.120]  Okay, so you might want to take out the notice of rescission on the last paragraph.
[12:32.120 --> 12:37.960]  I can prepare one for you, but I will need the HUD one.
[12:37.960 --> 12:45.720]  If you want to send a debt validation, I suggest you do one with the HUD one calculations and
[12:45.720 --> 12:53.560]  add in the increases in escrow and that will increase the amount of the calculation.
[12:53.560 --> 12:58.840]  And you send them the whole enchilada and now you bring a much larger claim.
[12:58.840 --> 13:04.160]  I could probably get you two to three times the original principal and a claim against
[13:04.160 --> 13:05.160]  them.
[13:05.160 --> 13:10.120]  It's all about the money.
[13:10.120 --> 13:17.840]  So if you're interested, send me an email, randy at rootoflawradio.com.
[13:17.840 --> 13:23.960]  I'll send you a list of what I need and I'll tell you what I think I can do.
[13:23.960 --> 13:32.720]  I'm going to go back and review this in the archives when it comes up and I'm not trying
[13:32.720 --> 13:37.400]  to write this down in the memory, my memory is getting old.
[13:37.400 --> 13:46.760]  I just talked to my mother today and again I wished her happy 39th birthday and she reminded
[13:46.760 --> 13:50.560]  me again that I keep getting that backwards.
[13:50.560 --> 13:57.000]  But at 93 she tells me this memory thing, it is not going to get better.
[13:57.000 --> 14:06.960]  No, no, we lose things, but I'm going to go through the archives and double check on all
[14:06.960 --> 14:13.480]  the stuff that I need to do as far as all the calculations and probably give you an
[14:13.480 --> 14:14.480]  email.
[14:14.480 --> 14:19.480]  Send me an email and I'll give you a written explanation because it is a little complex
[14:19.480 --> 14:27.640]  and convoluted and I'll cut some out of some of the documents, I may stick some numbers.
[14:27.640 --> 14:30.960]  I'll give you a sample of the spreadsheet I used to do that with so you can see what
[14:30.960 --> 14:31.960]  I'm talking about.
[14:31.960 --> 14:32.960]  Okay.
[14:32.960 --> 14:33.960]  Okay.
[14:33.960 --> 14:40.840]  I'll take this and we'll see if we can go with it there then.
[14:40.840 --> 14:42.480]  Okay, thank you Mark.
[14:42.480 --> 14:46.240]  Okay, now we're going to go to Erwin in Nevada.
[14:46.240 --> 14:47.240]  Hello Erwin.
[14:47.240 --> 14:48.240]  Hello, thank you.
[14:48.240 --> 14:50.640]  Hello, can you hear me?
[14:50.640 --> 14:51.640]  Yes I can.
[14:51.640 --> 14:55.280]  Okay, thank you for taking the call.
[14:55.280 --> 15:01.040]  I'd like to describe a situation to you for a house in Virginia which is a deed of trust
[15:01.040 --> 15:02.040]  state.
[15:02.040 --> 15:10.560]  I saw your video from a few years ago mentioning trying to do maybe a breach of contract and
[15:10.560 --> 15:15.320]  doing a quiet title, but I'll get to hopefully why Virginia is a tough state for that.
[15:15.320 --> 15:21.600]  The situation is this, okay I'm not the original borrower, I'm shown as the owner in this county,
[15:21.600 --> 15:29.480]  but my Marine got the house with a VA loan in December of 2008.
[15:29.480 --> 15:34.560]  Nine months later, oh and the sole lender was Taylor Bean Whitaker, I don't know if
[15:34.560 --> 15:35.560]  you're familiar with them.
[15:35.560 --> 15:36.560]  Yes.
[15:36.560 --> 15:41.400]  Nine months later they were raided by the FBI and shut down and the head of the company
[15:41.400 --> 15:43.960]  went to prison for 30 years.
[15:43.960 --> 15:51.120]  Okay so the Marine is going through the years and eventually in 2012 he's transferred the
[15:51.120 --> 15:55.040]  country to an undisclosed location, couldn't make his payments anymore.
[15:55.040 --> 15:57.320]  He deeded the house to me.
[15:57.320 --> 16:04.400]  Now the first thing I'd like to mention is that the trustee appointed was a woman lawyer.
[16:04.400 --> 16:08.280]  I actually got to contact her years later and she said she doesn't remember being appointed
[16:08.280 --> 16:14.040]  to the trustee, but she said it's very commonplace for them to be replaced, trustee as that is,
[16:14.040 --> 16:18.720]  but one thing in the contract it says substitute of trustee that lender may for any reason
[16:18.720 --> 16:23.160]  from time to time remove trustee and appoint a successor trustee to any trustee appointed
[16:23.160 --> 16:27.160]  here under, blah blah blah, but it says the lender and nobody else.
[16:27.160 --> 16:32.200]  Now Merge is involved in this and the place I read this says in loan contract that means
[16:32.200 --> 16:35.080]  only the lender and no one else may point at her.
[16:35.080 --> 16:36.080]  Oh hello.
[16:36.080 --> 16:38.360]  Yes, I'm still here.
[16:38.360 --> 16:42.280]  Oh I'm sorry, I heard music so I had to be on commercial.
[16:42.280 --> 16:43.280]  The lender and no one...
[16:43.280 --> 16:45.080]  Oh that means we're going to break.
[16:45.080 --> 16:47.040]  I'm glad you heard it, I didn't.
[16:47.040 --> 16:53.160]  Okay hang on, Randy Kelton, Wheel of Love Radio, you kept me from falling off the cliff.
[16:53.160 --> 17:01.680]  Randy Kelton, Backpack, Wheel of Love Radio, we'll be right back.
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[19:01.440 --> 19:08.440]  You are listening to the Logos Radio Network, the LogosradioNetwork.com.
[19:08.440 --> 19:14.440]  Well, don't let nothing get to you.
[19:14.440 --> 19:17.440]  Only the father can deliver you.
[19:17.440 --> 19:20.440]  Don't let bad mind people hurt you.
[19:20.440 --> 19:23.440]  And trust me, it can get behind you.
[19:23.440 --> 19:30.440]  Okay, we are back, Randy Kelton Vet Pack, we're in La Rio, and we're talking to Irwin
[19:30.440 --> 19:31.440]  in Nevada.
[19:31.440 --> 19:32.440]  Right.
[19:32.440 --> 19:33.440]  Okay.
[19:33.440 --> 19:34.440]  Okay.
[19:34.440 --> 19:39.440]  Now, as I was saying, it says only the original lender, supposedly, can appoint a successor
[19:39.440 --> 19:45.440]  trustee, and she remained the trustee from 2008 until 2012 when the Marines stopped paying.
[19:45.440 --> 19:46.440]  So what's wrong with that picture?
[19:46.440 --> 19:50.440]  It went three years after Taylor Bean and Whitaker were forced out of business.
[19:50.440 --> 19:52.440]  That's the first kind of shady thing.
[19:52.440 --> 19:53.440]  Okay.
[19:53.440 --> 19:55.440]  That brings up a question.
[19:55.440 --> 20:02.440]  Have you secured all of the documents from the county recorder's office?
[20:02.440 --> 20:03.440]  Yes.
[20:03.440 --> 20:04.440]  Okay.
[20:04.440 --> 20:13.440]  People, the entities have been BAC Home Loan, followed by Recon Trust, followed by Bank
[20:13.440 --> 20:14.440]  of America.
[20:14.440 --> 20:21.440]  I actually sued them all for fair debt collection, practice of that, things, and I got default
[20:21.440 --> 20:22.440]  collections of two of them.
[20:22.440 --> 20:23.440]  Okay.
[20:23.440 --> 20:24.440]  Okay.
[20:24.440 --> 20:25.440]  Hold on.
[20:25.440 --> 20:26.440]  Let's back up.
[20:26.440 --> 20:27.440]  Okay.
[20:27.440 --> 20:28.440]  Who was the original lender?
[20:28.440 --> 20:29.440]  Taylor Bean.
[20:29.440 --> 20:30.440]  Taylor Whittaker.
[20:30.440 --> 20:31.440]  Taylor Dean Whittaker.
[20:31.440 --> 20:32.440]  Okay.
[20:32.440 --> 20:33.440]  Okay.
[20:33.440 --> 20:43.720]  Is there an assignment in the record by Taylor Dean Whittaker, or by an agent for Taylor
[20:43.720 --> 20:51.640]  Dean Whittaker to some other party prior to the demise of Taylor Dean Whittaker?
[20:51.640 --> 20:53.640]  Taylor Bean, by the way, yeah.
[20:53.640 --> 20:54.640]  No.
[20:54.640 --> 20:58.120]  The bankruptcy people took over it, and then magically Bank of America appeared out of
[20:58.120 --> 20:59.120]  nowhere.
[20:59.120 --> 21:00.120]  Okay.
[21:00.120 --> 21:01.120]  Here's the deal.
[21:01.120 --> 21:09.520]  If you go into bankruptcy, you will have to turn over all of your assets to the bankruptcy
[21:09.520 --> 21:20.040]  trustee, then the bankruptcy trustee will distribute those assets to the creditors.
[21:20.040 --> 21:29.080]  Is there any filing in the record showing that the bankruptcy trustee for Taylor Dean
[21:29.080 --> 21:38.120]  Whittaker took possession of your mortgage and assigned it to some other party?
[21:38.120 --> 21:39.120]  No.
[21:39.120 --> 21:48.360]  Then there must be a presumption that since your mortgage didn't go to the bankruptcy
[21:48.360 --> 21:55.440]  trustee, that at the time Taylor Dean Whittaker went into bankruptcy, they were no longer
[21:55.440 --> 22:06.000]  the holder of your mortgage, and there's nothing in the record that shows who is the proper
[22:06.000 --> 22:10.680]  holder of the mortgage.
[22:10.680 --> 22:18.200]  How does Bank of America claim to have taken possession of the property?
[22:18.200 --> 22:19.200]  Okay.
[22:19.200 --> 22:21.920]  Let me qualify that question.
[22:21.920 --> 22:31.480]  How does Bank of America claim by the public record that it took possession of the mortgage?
[22:31.480 --> 22:35.760]  I have the paperwork from there, and there's nothing definitive.
[22:35.760 --> 22:39.680]  They sent me like 50 odd pages, and I don't see anything there by the way.
[22:39.680 --> 22:40.680]  Okay.
[22:40.680 --> 22:43.400]  I'm not asking what they sent you.
[22:43.400 --> 22:52.240]  I'm asking what has been filed in the public record that gives them evidence of chain
[22:52.240 --> 22:54.760]  of property?
[22:54.760 --> 22:59.640]  I had the county recorder send me everything in the record from that time on, and there's
[22:59.640 --> 23:01.640]  nothing that shows that.
[23:01.640 --> 23:02.640]  Perfect.
[23:02.640 --> 23:06.360]  You did that exactly right.
[23:06.360 --> 23:13.600]  If the county recorder can't find it, then whether it's filed or not, it's not properly
[23:13.600 --> 23:14.600]  filed.
[23:14.600 --> 23:29.880]  Now, go to Nevada property code and look for a code that reflects Texas property code 13.01.
[23:29.880 --> 23:33.280]  Every state has this in one form or another.
[23:33.280 --> 23:39.480]  Otherwise, without this code, there's no reason to have a recorder.
[23:39.480 --> 23:41.480]  Do you already know where I'm going?
[23:41.480 --> 23:43.840]  I'm not certain where I'm going.
[23:43.840 --> 23:45.880]  I live in Nevada, but the property's in Virginia.
[23:45.880 --> 23:46.880]  You understand that?
[23:46.880 --> 23:47.880]  Oh, I'm sorry.
[23:47.880 --> 23:48.880]  I'm sorry.
[23:48.880 --> 23:49.880]  Go to Virginia code.
[23:49.880 --> 23:50.880]  I understand that's confusing.
[23:50.880 --> 23:51.880]  Yes, Virginia code.
[23:51.880 --> 23:52.880]  Okay.
[23:52.880 --> 23:53.880]  Okay.
[23:53.880 --> 23:56.400]  Here's what we want to know.
[23:56.400 --> 24:03.760]  There is a statute in Texas that says, it's 13.001 property code, and it says, any claim
[24:03.760 --> 24:10.520]  against real property not properly acknowledged or proven and filed in the public record is
[24:10.520 --> 24:13.480]  void as to the holder.
[24:13.480 --> 24:18.320]  Every state I've looked at so far has a similar statute.
[24:18.320 --> 24:22.520]  Without it, there's no reason to have a county recorder.
[24:22.520 --> 24:27.600]  It's going to exist in Virginia.
[24:27.600 --> 24:32.280]  So you go back to the record, and that's why I ask you how do they make this claim by the
[24:32.280 --> 24:37.920]  public record, because I don't care what they've got.
[24:37.920 --> 24:42.000]  If it's not in the public record, they can use it for toilet paper.
[24:42.000 --> 24:43.000]  Wait a minute.
[24:43.000 --> 24:44.000]  Here's the thing.
[24:44.000 --> 24:45.000]  This is from Dave Krieger's book.
[24:45.000 --> 24:50.000]  I don't know if it's... I mean, it says he goes state by state in Virginia.
[24:50.000 --> 24:54.760]  He says, in talking to Virginia attorney Greg Breil, he mentioned that because the state's
[24:54.760 --> 25:00.400]  courts operate off of common law, obtaining a firm quiet title judgment will be extremely
[25:00.400 --> 25:01.400]  difficult.
[25:01.400 --> 25:04.640]  He managed to get a quiet title judgment for a couple in Fairfax County, Virginia, but
[25:04.640 --> 25:09.160]  fears that US bank will come in and get the deed of trust reinstated, as Virginia does
[25:09.160 --> 25:13.120]  not condone removal of deeds or trust of other instruments from the land records.
[25:13.120 --> 25:14.920]  They just rule whether they're void or not.
[25:14.920 --> 25:19.640]  This would appear to indicate that a direct attack on the note would have to occur utilizing
[25:19.640 --> 25:23.920]  the UCC, which in and of itself also appears difficult, given Virginia's court's rulings
[25:23.920 --> 25:28.560]  that deed of trust are merely evidence of a promissory note.
[25:28.560 --> 25:33.000]  There is no requirement for assignments or any other relative instruments to be recorded
[25:33.000 --> 25:38.080]  in the county land records, and he gives some case, noting that the assigner was not required
[25:38.080 --> 25:43.680]  to obtain the consent of anyone when the subject contract included a clause specifying free
[25:43.680 --> 25:48.560]  signability cited in Black Supra, while the majority of the legal community considers
[25:48.560 --> 25:51.440]  Virginia to be a title theory state.
[25:51.440 --> 25:55.440]  Attorney Breil considers it a lien theory state, given if the propensity is how note
[25:55.440 --> 25:57.360]  issues are treated by the courts.
[25:57.360 --> 26:02.080]  This would appear to make declaratory judgment quiet title cases a true uphill battle, as
[26:02.080 --> 26:07.000]  Breil thinks his quiet title action will be vacated because of the attitude of the courts.
[26:07.000 --> 26:11.000]  This would appear to indicate that absent arguments against the deed of trust directly
[26:11.000 --> 26:14.960]  in an attempt to invalidate it completely due to fraud, et cetera, these are a waste
[26:14.960 --> 26:19.760]  of time and pose a risk for sanctions, as Breil agrees that because Virginia has a larger
[26:19.760 --> 26:24.400]  population of government employees, the courts are pro-bank and tend to rule not just in
[26:24.400 --> 26:28.520]  the common law or conservatively against homeowners who come into their venues with arguments
[26:28.520 --> 26:29.520]  not fully researched.
[26:29.520 --> 26:32.520]  So that's kind of daunting.
[26:32.520 --> 26:38.720]  It does sound kind of daunting, but in the end, it really doesn't make any difference
[26:38.720 --> 26:41.280]  what state you're in.
[26:41.280 --> 26:46.880]  The courts are corrupt, especially if you're pro se, they're going to rule against you
[26:46.880 --> 26:48.880]  out of hand at every turn.
[26:48.880 --> 26:58.000]  Okay, well maybe they're not, but it behooves you to conduct yourself as if they will.
[26:58.000 --> 27:06.080]  So what I'm suggesting is that we go at this from a different perspective, we go at from
[27:06.080 --> 27:10.320]  the perspective that you will never win your case simply because you have the law and the
[27:10.320 --> 27:12.440]  facts on your side.
[27:12.440 --> 27:16.960]  You'll win your case if you have the politics on your side.
[27:16.960 --> 27:24.160]  So we're taught in school to trust the law and rely on the law, and we do that until
[27:24.160 --> 27:28.800]  we have an opportunity to actually try to use it and then we find out we can't rely
[27:28.800 --> 27:30.960]  on the law.
[27:30.960 --> 27:36.120]  Politics you can rely on, so let's shift gears and go look at politics.
[27:36.120 --> 27:43.320]  Whether or not I can win this in the end, how much is it going to cost the other side
[27:43.320 --> 27:48.320]  and how bad can I sting them?
[27:48.320 --> 27:52.640]  Everything is political and all politics is local.
[27:52.640 --> 27:56.520]  First thing you do is you sting the lawyer.
[27:56.520 --> 28:05.680]  If you have someone trying to take an action against you, like a lawyer claiming that he's
[28:05.680 --> 28:13.720]  acting for Bank of America and claiming that Bank of America has standing to enforce this
[28:13.720 --> 28:18.240]  security instrument, how do you know if that's true?
[28:18.240 --> 28:22.080]  He just said it.
[28:22.080 --> 28:30.760]  So the question becomes, what do you really know as opposed to what you presume or just
[28:30.760 --> 28:34.160]  accept out of hand?
[28:34.160 --> 28:42.440]  What you really know is this lawyer signed this document making these statements.
[28:42.440 --> 28:43.440]  That you know.
[28:43.440 --> 28:44.440]  Right.
[28:44.440 --> 28:47.400]  Whether or not they're true or not, you don't know about any of that.
[28:47.400 --> 28:53.000]  Whether or not this lawyer is actually an agent for that entity, you don't know that
[28:53.000 --> 28:54.000]  either.
[28:54.000 --> 28:55.360]  You just know the lawyer claimed it.
[28:55.360 --> 29:00.480]  So you don't have a requirement to stipulate to anything.
[29:00.480 --> 29:07.200]  So let's back up and start at the beginning, sue the lawyer.
[29:07.200 --> 29:09.120]  Sue the lawyer for making false claims.
[29:09.120 --> 29:20.720]  There's no evidence in the public record that this lawyer has power of attorney for a proper
[29:20.720 --> 29:24.400]  holder of a security instrument.
[29:24.400 --> 29:33.440]  There's no evidence in the record that this lawyer's alleged principle has standing to
[29:33.440 --> 29:36.280]  enforce the security instrument.
[29:36.280 --> 29:39.720]  So the first thing you do is sue the lawyer.
[29:39.720 --> 29:43.840]  That's going to double, triple, or cancel this malpractice insurance.
[29:43.840 --> 29:49.280]  Bar grievance is bad enough, but when they get sued, that really gets ugly.
[29:49.280 --> 29:51.840]  Hang on, we're about to go to break.
[29:51.840 --> 29:58.840]  Ready Kelton vet pack, we'll be right back.
[29:58.840 --> 30:08.840]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
[30:08.840 --> 30:09.840]  on growing.
[30:09.840 --> 30:12.880]  But now researchers say we can add stress to the list.
[30:12.880 --> 30:17.080]  I'm Dr. Catherine Albrecht, back with details in a moment.
[30:17.080 --> 30:18.800]  Privacy is under attack.
[30:18.800 --> 30:22.400]  When you give up data about yourself, you'll never get it back again.
[30:22.400 --> 30:27.400]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:27.400 --> 30:32.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:32.640 --> 30:35.160]  Privacy, it's worth hanging on to.
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[31:21.600 --> 31:31.400]  I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine.
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[33:31.040 --> 33:53.040]  You mentioned to the lawyers, the last place that got involved after the Bank of America
[33:53.040 --> 33:58.840]  troop was Carrington Mortgage out of California, and by the way, they just got hit in Texas
[33:58.840 --> 34:05.200]  jointly with Wells Fargo with a $5.4 million penalty or class action suit for fraudulent
[34:05.200 --> 34:08.040]  assignments as it turns out.
[34:08.040 --> 34:11.880]  They came into the picture in 2014 on this property.
[34:11.880 --> 34:13.560]  They threatened foreclosure immediately.
[34:13.560 --> 34:18.360]  I sent them a debt validation letter and a qualified written request, and they backed
[34:18.360 --> 34:19.360]  off.
[34:19.360 --> 34:22.040]  By the way, the trustee is someplace called Atlantic Law Group.
[34:22.040 --> 34:27.400]  Now, in Virginia, you don't need a license to be a debt collector, but in Nevada, you
[34:27.400 --> 34:30.920]  do when they were sending me letters, and I sent something to them, too, and they also
[34:30.920 --> 34:31.920]  backed off.
[34:31.920 --> 34:32.920]  So that's 2014.
[34:32.920 --> 34:40.640]  At some point last year, about April, I did a rescission, and I filed a notice of interest
[34:40.640 --> 34:41.640]  in real property.
[34:41.640 --> 34:42.640]  Okay.
[34:42.640 --> 34:43.640]  Hold on, rescission.
[34:43.640 --> 34:48.440]  Was it after a notice of acceleration?
[34:48.440 --> 34:50.680]  Yes.
[34:50.680 --> 34:57.760]  Did you claim an improper charge of in excess of $35?
[34:57.760 --> 35:07.560]  No, I mentioned CEFR 226.23, which special rules in foreclosure that if you go into foreclosure,
[35:07.560 --> 35:09.840]  you're allowed to rescind, and they...
[35:09.840 --> 35:15.040]  Yeah, you're allowed to rescind if you can show more than $35 in improper charges.
[35:15.040 --> 35:19.800]  I didn't mention that specifically, but they can answer in 20 days.
[35:19.800 --> 35:20.800]  It's down in...
[35:20.800 --> 35:22.560]  I think it's F or something.
[35:22.560 --> 35:29.800]  It's down at the bottom of that one, but okay, you can do that by using the HUD-1 settlement
[35:29.800 --> 35:30.800]  statement claims.
[35:30.800 --> 35:31.800]  Oh, okay.
[35:31.800 --> 35:32.800]  I can know that.
[35:32.800 --> 35:33.800]  Are you familiar with that?
[35:33.800 --> 35:40.000]  I heard you mention to the other crook, and I've heard it.
[35:40.000 --> 35:45.480]  Let me explain this so that everybody listening knows what I'm talking about.
[35:45.480 --> 35:51.680]  When you sat down at the closing table and the lender brought out the HUD-1 settlement
[35:51.680 --> 35:58.600]  statement and it listed all of these fees on there, did the lender provide documentation
[35:58.600 --> 36:06.200]  to show that the fees that were charged were not otherwise forbidden to be charged by law,
[36:06.200 --> 36:13.720]  that they were for services actually rendered, that the services were necessary, that the
[36:13.720 --> 36:18.840]  amounts charged were reasonable, and that the lender did not take an undisclosed markup
[36:18.840 --> 36:20.720]  on the amounts charged?
[36:20.720 --> 36:22.480]  Did he provide that documentation?
[36:22.480 --> 36:23.480]  No.
[36:23.480 --> 36:28.520]  They're only supposed to charge what, 1% or some set percentage anyway, aren't they?
[36:28.520 --> 36:29.520]  Okay.
[36:29.520 --> 36:37.320]  Well, the 1% goes to the broker fee, but all those other fees.
[36:37.320 --> 36:43.840]  Your presumption is that since they did not validate any of those fees, that they're all
[36:43.840 --> 36:44.840]  bogus.
[36:44.840 --> 36:46.720]  They're all garbage.
[36:46.720 --> 36:54.760]  Now, you can be probably fairly certain that they're all not fraudulent, but I guarantee
[36:54.760 --> 37:00.520]  you one to two always are.
[37:00.520 --> 37:07.000]  When you tell them that all of these are fraudulent and then you take the full amount online
[37:07.000 --> 37:19.720]  14 of the HUD-1 settlement statement, 14 column, I forget this column, ABC, I think it's D&E.
[37:19.720 --> 37:26.120]  The seller amount paid and the buyer amount paid, you can't combine those together because
[37:26.120 --> 37:27.800]  the buyer pays everything.
[37:27.800 --> 37:32.760]  If the seller has to pay something, that's added to the principal.
[37:32.760 --> 37:36.920]  So you took the full amount on the HUD-1 settlement statement and subtract it from the first
[37:36.920 --> 37:40.640]  payment as an overpayment.
[37:40.640 --> 37:45.320]  So that knocks this number off the principal for which you won't be paying interest on
[37:45.320 --> 37:47.520]  the next payment.
[37:47.520 --> 37:54.080]  Then amortize out the note the full 30 years and with the amortization each month, your
[37:54.080 --> 37:57.200]  payment goes to principal and interest.
[37:57.200 --> 38:03.640]  When I did this for Steve Skidmore, who used to be on our show, his note went to zero at
[38:03.640 --> 38:06.120]  payment 240.
[38:06.120 --> 38:13.640]  The next 10 years he was overpaying, $115,000 note at 6% interest, he would have overpaid
[38:13.640 --> 38:17.240]  the note $50,000, $43,000 in change.
[38:17.240 --> 38:22.240]  That's 10 years, when at 240, you mean 5 years, right?
[38:22.240 --> 38:23.240]  16 months?
[38:23.240 --> 38:24.240]  Yes.
[38:24.240 --> 38:26.520]  Wait a minute, I couldn't understand that.
[38:26.520 --> 38:30.600]  I said you mentioned 240, he should have paid it off, but it was a 30 year loan, so that
[38:30.600 --> 38:33.080]  would be 16 months of the last 5 years.
[38:33.080 --> 38:37.640]  No, it was a $115,000 note at 6%.
[38:37.640 --> 38:46.360]  He had $12,000 in closing costs, I subtracted the $12,000, I ran a full amortization of
[38:46.360 --> 38:52.640]  the entire note where it had payment, principal, interest.
[38:52.640 --> 39:00.480]  So on that first payment, I deducted $12,000 from the principal as an overpayment.
[39:00.480 --> 39:08.000]  The principal dropped down $12,000, that's $12,000 you're not paying interest on.
[39:08.000 --> 39:16.280]  Now you pay the same amount they demanded, and his pay down at payment 240 after 20 years,
[39:16.280 --> 39:19.400]  his went to zero.
[39:19.400 --> 39:25.280]  So the next 10 years you're paying, everything is extra, and the calculations showed that
[39:25.280 --> 39:31.000]  he would pay $50,000 extra on a $116,000 note.
[39:31.000 --> 39:33.920]  Yeah, what's 50 we have between friends.
[39:33.920 --> 39:38.320]  Yeah, and under fraud you don't claim the amount they actually defrauded you of, you
[39:38.320 --> 39:43.040]  claim the amount they would have, he's only 6 years old, so they hadn't defrauded him
[39:43.040 --> 39:50.040]  of that much yet, but you claim how much they intended to defraud, and you claim 3 times
[39:50.040 --> 39:51.040]  that.
[39:51.040 --> 40:03.560]  So on a $116,000 note, I have a claim of $150, tender by set off, now you do the rescission
[40:03.560 --> 40:09.000]  and claim tender by set off, but here you don't even have to claim anything after the
[40:09.000 --> 40:11.120]  Jasnowski decision.
[40:11.120 --> 40:12.680]  Exactly.
[40:12.680 --> 40:17.160]  So when you filed the rescission notice, did they respond to it?
[40:17.160 --> 40:21.520]  They said that I was trying to do some type of mortgage elimination scheme, and though
[40:21.520 --> 40:26.280]  they scheduled a foreclosure for June of last year, they called it off of their own volition
[40:26.280 --> 40:30.040]  without me doing anything, I guess they, because Memorak filed notice.
[40:30.040 --> 40:36.760]  Okay, did they file an opposition to rescission at the district court?
[40:36.760 --> 40:38.320]  Nope.
[40:38.320 --> 40:46.360]  It's over Bubba, they got 20 days, now they're subject to latches.
[40:46.360 --> 40:48.200]  What if they allege a claim?
[40:48.200 --> 40:51.960]  The actual borrower, so I'm not really entitled to that, I'd just like to reconvey, I didn't
[40:51.960 --> 40:57.280]  take out the loan, don't forget, but I am shown as the owner, and that Krieger mentioned
[40:57.280 --> 40:58.280] ...
[40:58.280 --> 40:59.880]  Wait a minute, wait a minute, do you have a quick claim?
[40:59.880 --> 41:00.880]  Yes.
[41:00.880 --> 41:01.880]  Okay, you've got the claim.
[41:01.880 --> 41:07.120]  Try to, not only a quick claim, I have, what do you call it, the power of attorney from
[41:07.120 --> 41:10.720]  him as well, although it's facts, I'm told.
[41:10.720 --> 41:13.600]  Whoa, whoa, hold on.
[41:13.600 --> 41:19.480]  You have power of attorney for him, he gave you what kind of deed?
[41:19.480 --> 41:26.000]  Okay, first we put it into a land trust, I was the trustee, he signed his beneficial
[41:26.000 --> 41:31.280]  interest to me without recording it, at some point, I regret doing this, but at some point
[41:31.280 --> 41:39.800]  I quit claim from the land trust to a corporation that I controlled, and then from the corporation
[41:39.800 --> 41:44.000]  to me, the individual, and strangely, I never got charged transfer taxes, any of those up
[41:44.000 --> 41:45.000]  to this point.
[41:45.000 --> 41:47.200]  Okay, hold on, are those filed in the public record?
[41:47.200 --> 41:49.840]  Yes, yes, yes they are.
[41:49.840 --> 41:54.800]  Okay, the trust complicates things, now you have to have a lawyer.
[41:54.800 --> 41:59.440]  Well, the trust is long gone, the trust, it's been in my name for a good two years.
[41:59.440 --> 42:02.640]  Okay, oh, I'm sorry, so it's in your name personally.
[42:02.640 --> 42:03.640]  Yes.
[42:03.640 --> 42:08.760]  What I was trying to get to is, the guy's in the military, you can't foreclose on somebody
[42:08.760 --> 42:09.760]  in the military, period.
[42:09.760 --> 42:14.360]  Yeah, I saw some law that said, I thought that you had to get the loan when, that's
[42:14.360 --> 42:19.000]  only if you got the house before you went, he was already in the military, but on the
[42:19.000 --> 42:22.200]  other hand, there's this thing that says the VA has to foreclose anyway, that's from the
[42:22.200 --> 42:24.200]  Fifth Circuit, I have a law.
[42:24.200 --> 42:31.360]  Okay, we can't go there anyway because, now you hold it, you hold the claim, okay, but
[42:31.360 --> 42:37.200]  you can still adjudicate the claim, it's just one we can't make, but you can rescind, you
[42:37.200 --> 42:43.280]  do have the power to rescind, I filed the rescind, they had 20 days to either initiate
[42:43.280 --> 42:48.680]  the rescind process or file an opposition in the federal district court.
[42:48.680 --> 42:49.680]  Right.
[42:49.680 --> 42:58.120]  They failed to do so, they're subject to statutory estoppel and to latches.
[42:58.120 --> 43:06.800]  Latches is where you have a right and you fail to adjudicate your right and the circumstances
[43:06.800 --> 43:15.800]  of the other party changes, then you're subject to latches.
[43:15.800 --> 43:20.600]  Latches and just statute of limitations is a small but distinct difference, but I can't
[43:20.600 --> 43:22.080]  quite figure it out, I read it.
[43:22.080 --> 43:29.200]  Okay, here's the deal on statute of limitations, now you're not subject to it because after
[43:29.200 --> 43:35.880]  foreclosure, the right to rescind is reinvigorated and there is no time limit, no statute of
[43:35.880 --> 43:38.880]  limitations on exercising the right to rescind.
[43:38.880 --> 43:39.880]  Right.
[43:39.880 --> 43:45.080]  I had a judge say the right to rescind doesn't last forever, and I corrected him, yes it
[43:45.080 --> 43:47.880]  does.
[43:47.880 --> 43:49.600]  After a notice of acceleration, it does.
[43:49.600 --> 43:56.800]  Hang on, we're about to go to break, Randy Kelton, we'll radio, call in number 512-646-1984,
[43:56.800 --> 43:59.800]  we'll be right back.
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[46:15.000 --> 46:32.600]  Okay, we are back, Randy Kelton, Rule of Law Radio, we're talking to Irving, Irving in
[46:32.600 --> 46:33.600]  Nevada.
[46:33.600 --> 46:36.040]  Irving, have you read the Jasenowski case?
[46:36.040 --> 46:38.040]  Oh yes, definitely.
[46:38.040 --> 46:42.200]  Okay, so it's sudden death.
[46:42.200 --> 46:47.200]  They had 20 days to raise their defense and they didn't raise it.
[46:47.200 --> 46:55.720]  Every time, and I'm doing this in Texas, and I send you, my decision is buried in a qualified
[46:55.720 --> 46:57.840]  written request and death validation letter.
[46:57.840 --> 47:01.360]  Yeah, who are you, sneaky devil?
[47:01.360 --> 47:05.320]  I got about 15 pages of trash.
[47:05.320 --> 47:11.480]  If you look on the internet, you'll see these supposed qualified written requests prepared
[47:11.480 --> 47:15.320]  by people who don't know what they're talking about, that it's really just a request for
[47:15.320 --> 47:16.320]  discovery.
[47:16.320 --> 47:23.280]  A qualified written request, for those who don't know, is a claim of an accounting error
[47:23.280 --> 47:25.320]  and a request to be corrected.
[47:25.320 --> 47:28.520]  That's what makes it a qualified written request.
[47:28.520 --> 47:33.200]  So these guys are putting this stuff out here asking for all this discovery.
[47:33.200 --> 47:37.280]  So I took all that junk discovery and I stuck it in there.
[47:37.280 --> 47:42.520]  After I demanded that they validate the death and a claim in accounting error for a qualified
[47:42.520 --> 47:49.400]  written request and demand that they produce the note under UCC 3-501, then I put in all
[47:49.400 --> 47:50.400]  this junk discovery.
[47:50.400 --> 47:55.840]  Well, the lawyer looks at that, this is garbage, this is trash, I don't have to respond to
[47:55.840 --> 47:58.880]  this, the heck with that, and he throws it down.
[47:58.880 --> 48:03.560]  They never read the last paragraph.
[48:03.560 --> 48:10.840]  It says, if you fail to properly validate the death as required by statute, consider
[48:10.840 --> 48:13.920]  this as a notice of rescission.
[48:13.920 --> 48:20.160]  Well, you mentioned the UCC, let me ask you this.
[48:20.160 --> 48:25.520]  The UCC 9-210, I actually send them one of those too, a statement of accounting based
[48:25.520 --> 48:31.000]  on collateral or the balance, and that says that they're supposed to respond within 14
[48:31.000 --> 48:32.000]  days.
[48:32.000 --> 48:37.240]  Oh, by the way, I codified it, you're supposed to codify it with the state in question, in
[48:37.240 --> 48:40.360]  this case, Virginia, and they use you the same number, but not always.
[48:40.360 --> 48:47.080]  Anyway, if they don't authenticate it, as in under oath within 14 days, they lose their
[48:47.080 --> 48:48.080]  rights as well.
[48:48.080 --> 48:49.640]  So I just threw that in as well.
[48:49.640 --> 48:54.520]  But the rescission has been done, and a quick question that tenants, of the three tenants
[48:54.520 --> 48:58.800]  who've been in in those four years, they've all been harassed at some point by people
[48:58.800 --> 49:02.440]  coming around trying to do drive-by pays and tell them they're going to be thrown out.
[49:02.440 --> 49:06.040]  I always told them what was going on, and two of them said they would swear under oath,
[49:06.040 --> 49:07.040]  they were being harassed.
[49:07.040 --> 49:11.720]  Do you think you could throw in something like, what is it, interference with interstate
[49:11.720 --> 49:17.800]  commerce, and that's my rental property there, or torches interference because they're fooling
[49:17.800 --> 49:18.800]  around with the...
[49:18.800 --> 49:25.560]  There were people in this property, and now they're traumatized.
[49:25.560 --> 49:30.160]  They're in this property, and they can't afford to move out, and they're being harassed, and
[49:30.160 --> 49:40.000]  now they're having to go to therapy because they're subject to this extreme mental distress.
[49:40.000 --> 49:46.320]  Transformation of emotional distress, yeah, well, that's over the top, or could you...
[49:46.320 --> 49:49.720]  No, that's not over the top.
[49:49.720 --> 49:54.040]  How would you feel if you're living in a house you're comfortable in, you've got a lease,
[49:54.040 --> 49:57.080]  you're paying your lease, and somebody comes and threatens you, telling you, do you want
[49:57.080 --> 50:00.080]  to throw your butt out in the street?
[50:00.080 --> 50:03.600]  The last guy came and went and got his gun and stepped on his rocker and was rocking
[50:03.600 --> 50:04.600]  back and forth.
[50:04.600 --> 50:05.600]  I said, I don't really want to hear that, but...
[50:05.600 --> 50:06.600]  No, no, don't do anything.
[50:06.600 --> 50:07.600]  They went away.
[50:07.600 --> 50:08.600]  Anyway, so...
[50:08.600 --> 50:19.560]  Get you a sticker and say that this property could be protected by Smith and Wesson.
[50:19.560 --> 50:20.560]  That's enough.
[50:20.560 --> 50:21.560]  Okay.
[50:21.560 --> 50:22.560]  That's not one.
[50:22.560 --> 50:27.360]  Now, I have one more in Virginia, it's a completely different situation.
[50:27.360 --> 50:33.240]  This one, the original loan obtained in 2006 from Bank of America.
[50:33.240 --> 50:38.000]  The owner's pension was cut by almost $1,000 by the United Airlines.
[50:38.000 --> 50:42.120]  She stopped paying September 2008, way over six years.
[50:42.120 --> 50:46.440]  We just understand Virginia's six-year statute of limitations, and you see...
[50:46.440 --> 50:47.440]  Okay, hold on.
[50:47.440 --> 50:51.560]  Statute of limitation doesn't start when you stop paying.
[50:51.560 --> 50:52.560]  No, no.
[50:52.560 --> 50:53.560]  I'm not saying...
[50:53.560 --> 50:54.560]  I mean, they said breach.
[50:54.560 --> 50:55.560]  It says from breach.
[50:55.560 --> 50:57.920]  So to me, that either means when they accelerated or...
[50:57.920 --> 50:58.920]  No.
[50:58.920 --> 50:59.920]  Yes, when they accelerated.
[50:59.920 --> 51:00.920]  That's the mark.
[51:00.920 --> 51:01.920]  Yeah.
[51:01.920 --> 51:04.920]  Well, they accelerated in January of 2009 after she was three months behind, which is
[51:04.920 --> 51:05.920]  the usual case.
[51:05.920 --> 51:06.920]  Okay.
[51:06.920 --> 51:07.920]  She actually moved out of her house.
[51:07.920 --> 51:15.160]  She said an embarrassment in June of 2009, and it said vacant until February of 2011.
[51:15.160 --> 51:18.160]  She deeded it to me around that point, but we got to lose.
[51:18.160 --> 51:19.160]  Okay.
[51:19.160 --> 51:20.160]  So I put it...
[51:20.160 --> 51:21.760]  Let me explain it to you.
[51:21.760 --> 51:22.760]  Yes.
[51:22.760 --> 51:23.760]  Oh, yeah.
[51:23.760 --> 51:24.760]  The same thing as before.
[51:24.760 --> 51:25.760]  Perfect.
[51:25.760 --> 51:26.760]  Okay.
[51:26.760 --> 51:27.760]  Perfect.
[51:27.760 --> 51:28.760]  Okay.
[51:28.760 --> 51:29.760]  All right.
[51:29.760 --> 51:30.760]  So a tenant was in there from March of 2011, and nothing was ever recorded.
[51:30.760 --> 51:32.760]  It was always Bank of America, but Aquin got involved.
[51:32.760 --> 51:33.760]  At some point, I sued...
[51:33.760 --> 51:41.040]  I just sent out what he called it, a cease and desist letter to Aquin and Bank of America,
[51:41.040 --> 51:43.560]  and Bank of America said, we've got nothing to do with this.
[51:43.560 --> 51:44.560]  We transferred this to Aquin.
[51:44.560 --> 51:50.080]  I stupidly didn't keep that letter, but it's always been shown only Bank of America and
[51:50.080 --> 51:51.080]  the county records.
[51:51.080 --> 51:56.400]  I sued Aquin for the FDCPA, and I got five grand, a judgment against them, but I only
[51:56.400 --> 52:00.120]  collected 3,500 of it, because you can overturn judgments very easy in Nevada, unfortunately.
[52:00.120 --> 52:01.120]  So anyway, okay.
[52:01.120 --> 52:02.120]  Time goes by.
[52:02.120 --> 52:04.520]  I haven't heard boo from either of them for years.
[52:04.520 --> 52:09.040]  The tenant moved out in January of this year and trashed the place, caused about seven
[52:09.040 --> 52:10.040]  grand damage.
[52:10.040 --> 52:14.080]  While I'm thinking about how I'm going to fix that all up, or if I'm going to, I get
[52:14.080 --> 52:18.800]  a foreclosure notice on January 28th.
[52:18.800 --> 52:19.800]  Okay.
[52:19.800 --> 52:29.400]  From a Brock and Scott, some law firm there, and the date was February 18th.
[52:29.400 --> 52:35.680]  So I think, well, I'm going to try to fix up the property and rent it under this again,
[52:35.680 --> 52:39.840]  or am I just going to do nothing and hope that they stupidly foreclose?
[52:39.840 --> 52:44.080]  And they said they foreclosed, and they took it back, but it's still shown, February 18th,
[52:44.080 --> 52:47.000]  all this time, it's still shown as my name in the county records.
[52:47.000 --> 52:49.240]  And I called the county recorder and said, what's going on?
[52:49.240 --> 52:53.720]  And they said, until they send us certain paperwork, we can't, we can't do anything.
[52:53.720 --> 52:57.320]  So I don't know what is zombie foreclosure, or they saw, because I rescinded that one
[52:57.320 --> 52:58.320]  too.
[52:58.320 --> 53:01.920]  And maybe they saw the recorded thing, it's a different county, in the office, but they
[53:01.920 --> 53:03.920]  have not put it in their name now.
[53:03.920 --> 53:04.920]  Okay.
[53:04.920 --> 53:08.920]  May, let me make a suggestion.
[53:08.920 --> 53:11.360]  Get your trust.
[53:11.360 --> 53:18.640]  Do you have the trust sufficiently isolating from yourselves so that it won't be considered
[53:18.640 --> 53:19.640]  an alter ego?
[53:19.640 --> 53:20.640]  No, no.
[53:20.640 --> 53:21.640]  Hold on.
[53:21.640 --> 53:26.720]  I did the trust way back in 2011, but once again, quick claim it to the corporation and
[53:26.720 --> 53:27.720]  then quick claim it to me.
[53:27.720 --> 53:28.720]  It's only my name.
[53:28.720 --> 53:29.720]  Okay.
[53:29.720 --> 53:30.720]  Okay.
[53:30.720 --> 53:31.720]  So do you still have the trust?
[53:31.720 --> 53:32.720]  No, I dissolved it.
[53:32.720 --> 53:33.720]  I just called it.
[53:33.720 --> 53:34.720]  Okay.
[53:34.720 --> 53:35.720]  You need somebody to file a mechanics lead.
[53:35.720 --> 53:36.720]  Oh.
[53:36.720 --> 53:37.720]  Stick a party in between.
[53:37.720 --> 53:51.840]  There was one guy, yeah, I know, he was saying, he said, you give a master trust another trust
[53:51.840 --> 53:56.080]  and you have a, what do you call it, a breach of contract, but you have what do you call
[53:56.080 --> 53:57.800]  it, a confessed judgment.
[53:57.800 --> 54:01.240]  And if it's a default judgment, the judge is going to have to snoop into things.
[54:01.240 --> 54:06.760]  But if it's a confessed judgment and everybody agrees, he has no reason to, and then it's
[54:06.760 --> 54:07.760]  just dated to the trust.
[54:07.760 --> 54:11.760]  But that sounded way too common to me, so I didn't want to do that.
[54:11.760 --> 54:13.040]  Just file a mechanics lead.
[54:13.040 --> 54:15.200]  Get somebody to file a mechanics lead.
[54:15.200 --> 54:21.240]  You sold, you traded them another property or you engaged in something else.
[54:21.240 --> 54:29.640]  I have a friend here in Texas that I sold him a business that I had and we're not going
[54:29.640 --> 54:34.360]  to mention that I hadn't operated it in five years, but I still had it and I had all the
[54:34.360 --> 54:39.840]  equipment and I sold it to him for $53,000.
[54:39.840 --> 54:49.320]  And I took a lien against his house as collateral for the payment because I went and checked
[54:49.320 --> 54:54.600]  the record and Chase supposedly had a deed of trust, but I checked the record, had the
[54:54.600 --> 54:57.840]  clerk check the record and I found no deed of trust.
[54:57.840 --> 55:00.400]  So I dropped in my mechanics lien.
[55:00.400 --> 55:03.280]  Good luck Bubba.
[55:03.280 --> 55:06.720]  These guys claim they have a trustee's deed.
[55:06.720 --> 55:10.680]  Well, now you've got to get past my mechanics lien.
[55:10.680 --> 55:15.200]  Oh, hold on, hold on, wait a minute.
[55:15.200 --> 55:17.240]  Something to check.
[55:17.240 --> 55:26.760]  In Texas, is it Texas or is it, I forget where it's at, it may be consumer protection laws.
[55:26.760 --> 55:31.360]  I think it may be Real Estate Settlement Procedures Act.
[55:31.360 --> 55:41.760]  Once you purchase a property, you have 30 days, now this is Texas law, you probably
[55:41.760 --> 55:44.760]  have something similar in Virginia law.
[55:44.760 --> 55:56.640]  You have 20 days in Texas in which to file the deed of trust, in that 20 days you are
[55:56.640 --> 56:04.080]  protected if somebody else files an intervening claim, your steps before theirs, you need
[56:04.080 --> 56:08.280]  to find out what that amount of time is in Virginia.
[56:08.280 --> 56:11.040]  It's way more than 20, I see what you're saying.
[56:11.040 --> 56:14.880]  And you're saying because they have not gotten it out of my name as yet, they're vulnerable
[56:14.880 --> 56:16.880]  to this mechanics lien.
[56:16.880 --> 56:17.880]  Exactly.
[56:17.880 --> 56:24.920]  I mean, you can muddy up the works for them and if you can put it in a third party's name,
[56:24.920 --> 56:26.920]  now they have an innocent party.
[56:26.920 --> 56:27.920]  Ah, okay.
[56:27.920 --> 56:30.920]  Yeah, I do have a party.
[56:30.920 --> 56:33.760]  By the way, too bad, I mean, I look for this in Virginia, but I didn't see one.
[56:33.760 --> 56:40.480]  In my state, it's NRS 598-0977, which is deceptive trade practices against seniors of people
[56:40.480 --> 56:41.480]  who are disabled.
[56:41.480 --> 56:43.240]  I'm a senior.
[56:43.240 --> 56:47.120]  But they don't have anything like that in Virginia and since I'm here, they left the
[56:47.120 --> 56:50.640]  res or whatever you call it, it's in Virginia, so I can't get away with trying to throw that
[56:50.640 --> 56:57.280]  on as well because, you know, deceptive trade practices against an older person.
[56:57.280 --> 57:01.640]  I'm not familiar with Virginia law and Virginia law is a common word.
[57:01.640 --> 57:02.640]  Yeah.
[57:02.640 --> 57:03.640]  Yeah.
[57:03.640 --> 57:07.680]  So it's different than Nevada's based on Spanish law like Texas.
[57:07.680 --> 57:13.200]  So I'm not familiar with it, but they almost certainly have something concerning protecting
[57:13.200 --> 57:17.080]  seniors, you just got to find it.
[57:17.080 --> 57:21.360]  But you can get around all that real easy just by getting a mechanics lead in there.
[57:21.360 --> 57:22.360]  Right.
[57:22.360 --> 57:25.960]  If you know somebody who will file it that you don't have to worry about them coming
[57:25.960 --> 57:31.440]  back to try to screw with you or get somebody to file it and get a backside contract that
[57:31.440 --> 57:36.480]  you can clear the lien with them for $10 and other considerations.
[57:36.480 --> 57:42.160]  Get the mechanics lien in and it's just to throw a stopper in the works.
[57:42.160 --> 57:50.480]  This friend of mine we did that with, I came into the court with a challenge subject matter
[57:50.480 --> 57:54.920]  jurisdiction and petition and intervention and the judge took one look at me and if you
[57:54.920 --> 58:02.640]  heard the beginning of the show, I filed criminal charges against this judge and he hated me.
[58:02.640 --> 58:12.680]  So he threw me out and gave the lawyer the order to foreclose and the lawyer, when he
[58:12.680 --> 58:18.080]  told me to get behind the bar, I walked out of the courtroom and the lawyer was looking
[58:18.080 --> 58:20.240]  at me and he was not happy.
[58:20.240 --> 58:23.760]  He got his order to foreclose and never did.
[58:23.760 --> 58:28.160]  They came back after the two year statutes and limitations and tried to file for another
[58:28.160 --> 58:34.440]  order and I wrote a collateral estoppel claim that there's already an order he couldn't
[58:34.440 --> 58:35.440]  file another.
[58:35.440 --> 58:36.440]  It's done.
[58:36.440 --> 58:37.440]  They lost everything.
[58:37.440 --> 58:50.360]  Hang on, Randy Kelton, the Rue of La Radio, we'll be right back.
[58:50.360 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
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[59:48.360 --> 01:00:00.680]  You're listening to the Logos Radio Network at logosradionetwork.com.
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[01:00:23.240 --> 01:00:28.240]  Markets for Wednesday, the 27th of April, 2016 are currently trading with gold at $1,244.98
[01:00:28.240 --> 01:00:35.600]  silver, $17.20 an ounce, Texas crude, $42.64 a barrel, and Bitcoin is currently at about
[01:00:35.600 --> 01:00:43.560]  457 U.S. currency.
[01:00:43.560 --> 01:00:49.920]  Today in history, the year 1909, the Sultan of Turkey, Abdulhamid II, is overthrown by
[01:00:49.920 --> 01:00:54.600]  the Sultan's military countercoup, which was in response to the young Turks coup.
[01:00:54.600 --> 01:01:00.600]  His brother, Rashad Effendi, was then proclaimed as Sultan Mehmed V, the fall of Abdulhamid
[01:01:00.600 --> 01:01:06.520]  II, today in history.
[01:01:06.520 --> 01:01:11.000]  In recent news, Dennis Hastert, former House Speaker, was sentenced to 15 months in prison
[01:01:11.000 --> 01:01:15.920]  and ordered to pay $250,000 today and two years of supervised release once he finished
[01:01:15.920 --> 01:01:17.120]  his prison term.
[01:01:17.120 --> 01:01:21.520]  The fine is for a victims' hush money case, which was uncovered by the FBI, where he was
[01:01:21.520 --> 01:01:25.960]  accused of sexually abusing young boys as a teacher in Illinois.
[01:01:25.960 --> 01:01:30.480]  Hastert did admit to Judge Thomas M. Durkin in open court that he abused at least one
[01:01:30.480 --> 01:01:31.480]  child.
[01:01:31.480 --> 01:01:36.080]  The primary accuser in a sexual abuse case, who had received $1.7 million from Hastert,
[01:01:36.080 --> 01:01:44.320]  has also sued Hastert for the remaining $1.8 million he was promised.
[01:01:44.320 --> 01:01:48.960]  The President of Venezuela, Nicolas Maduro, announced on his regular presidential broadcast
[01:01:48.960 --> 01:01:53.400]  that in a desperate attempt to save electricity, the public sector or government employees
[01:01:53.400 --> 01:01:57.520]  who make up a third of the country's workforce will work Monday and Tuesday and have the
[01:01:57.520 --> 01:01:58.960]  rest of the week off.
[01:01:58.960 --> 01:02:02.800]  This five-day weekend is being implemented in order to save as much electricity as possible.
[01:02:02.800 --> 01:02:06.280]  The shortage has resulted from a drought the country has been going through since Venezuela's
[01:02:06.280 --> 01:02:09.280]  electricity primarily comes from hydroelectric plants.
[01:02:09.280 --> 01:02:12.560]  They're banking on the rainy season, which is expected shortly, to save the country's
[01:02:12.560 --> 01:02:13.960]  electric shortage.
[01:02:13.960 --> 01:02:17.440]  Forced blackouts lasting four hours, at the minimum, have been imposed across much of
[01:02:17.440 --> 01:02:21.520]  the country, putting the country's scarce food supplies and restaurants and markets
[01:02:21.520 --> 01:02:22.940]  at risk of spoiling.
[01:02:22.940 --> 01:02:27.760]  For more than 12 hours after the declaration, rioters, as could be expected, went on a spree
[01:02:27.760 --> 01:02:32.400]  against businesses and even attacked the headquarters of the government's power company, Corpo
[01:02:32.400 --> 01:02:33.400]  Elec.
[01:02:33.400 --> 01:02:35.840]  A significant rainfall does not arrive within a few weeks.
[01:02:35.840 --> 01:02:39.280]  Much of Venezuela will be at risk of a near total blackout.
[01:02:39.280 --> 01:02:42.480]  Venezuela's economy is projected to shrink 8 percent this year, with inflation running
[01:02:42.480 --> 01:02:46.800]  at a whopping 720 percent, according to the International Monetary Fund.
[01:02:46.800 --> 01:02:50.560]  Although the effects of socialism on people are not funny, I can't help but ask what
[01:02:50.560 --> 01:02:53.560]  socialists used for light before they used candles.
[01:02:53.560 --> 01:02:54.980]  Apparently it was electricity.
[01:02:54.980 --> 01:03:02.420]  This is your Lowdown for April 27, 2016.
[01:03:02.420 --> 01:03:30.980]  Okay, we are back, Randy Kelton, Rue of La Radio, and we're talking to Irvin, hey Irvin,
[01:03:30.980 --> 01:03:43.940]  Nevada. Okay, now, mechanically, this is shyster tricks, so you just stick your stomach block.
[01:03:43.940 --> 01:03:47.860]  I have something recorded already, the notice of interest in real property, so is that going to
[01:03:47.860 --> 01:03:53.100]  muddy it even more or is there something superior to the mechanics leading that? Oh, notice of
[01:03:53.100 --> 01:04:02.140]  interest is not, that's just to preserve interest, you need an actual claim, mechanics lean or
[01:04:02.140 --> 01:04:08.460]  material men's lean or deed of trust. I don't like filing a deed of trust behind a deed of trust,
[01:04:08.460 --> 01:04:16.700]  so I filed a mechanics lien, doesn't matter what it is, just so long as it's a claim and it goes
[01:04:16.700 --> 01:04:23.100]  to a calculation, this is all bean counters stuff, they're going to, the lawyers are going to take
[01:04:23.100 --> 01:04:27.340]  this to the bean counters and they're going to say, okay, this is what we got, we got this
[01:04:27.340 --> 01:04:33.340]  mechanics lien filed in there now, how much is it going to cost us to get rid of that mechanics
[01:04:33.340 --> 01:04:40.860]  lien? And they're going to say, ah man, this is a third party, now we, this is not a, we're not
[01:04:40.860 --> 01:04:48.620]  going after a deadbeat borrower, we're now, we're going after an innocent third party, that's a
[01:04:48.620 --> 01:04:56.300]  whole lot tougher. But they won't foreclose though. You go to them, I always suggest you go to them
[01:04:56.300 --> 01:05:03.260]  with an offer to cure. Maybe they foreclose, but yeah. Okay, if you fight the foreclosure,
[01:05:03.260 --> 01:05:09.420]  the courts are just not on your side, but if you go to them and say, you know, I just did the
[01:05:09.420 --> 01:05:16.700]  rescission thing, Wells Fargo didn't respond, I filed a quiet title action and then the lawyer
[01:05:16.700 --> 01:05:22.140]  called me, they'll send me an email saying I'm representing Wells Fargo and blah, blah, blah.
[01:05:22.140 --> 01:05:28.780]  So I called him and I said, look, don't even answer that, if you would agree to mediate a deal with me,
[01:05:30.460 --> 01:05:36.540]  don't even answer that suit. Say, give me a cure amount that I can live with
[01:05:36.540 --> 01:05:42.540]  and I'll flip this property. You take all the marks off the original guy's credit
[01:05:43.500 --> 01:05:48.700]  and clean up his credit and we'll flip this property and I'll get some money back to him
[01:05:49.260 --> 01:05:56.540]  so that he can buy something he can afford and we will bring you a release of claim for any
[01:05:56.540 --> 01:06:03.340]  claims based on this loan now or in the future. We will sell the property and extinguish the debt.
[01:06:03.340 --> 01:06:09.580]  Everybody wins here and it will be, you'll come out of this with a whole lot less cost than if you
[01:06:09.580 --> 01:06:15.580]  have to fight. No wrongful foreclosure and violations to it, right? And let's rest all that?
[01:06:15.580 --> 01:06:20.380]  No, we don't need to do it. All we need to do is get them in a position to negotiate first.
[01:06:21.100 --> 01:06:26.300]  And now when they don't negotiate, then you land on that lawyer like a ton of bricks.
[01:06:26.300 --> 01:06:32.300]  Now, once you're in a suit with them, if you take over property,
[01:06:33.580 --> 01:06:38.540]  like you're taking over with a warranty deed or a quick claim, and you lease out the property,
[01:06:38.540 --> 01:06:46.300]  you don't attempt to cure the default, that's equity skimming and that's a felony.
[01:06:46.300 --> 01:06:54.300]  However, if you sue them claiming that they don't have a right to be paid, now you don't have to pay
[01:06:54.300 --> 01:07:01.820]  them. You're in litigation with them and it's not equity skimming. And they don't want to make a deal
[01:07:01.820 --> 01:07:11.260]  with you like Wells Fargo, $167,000 claim to be owed. We offered them 115,000 and they don't want
[01:07:11.260 --> 01:07:19.180]  to make a deal with you like Wells Fargo, $167,000 claim to be owed. We offered them 115,000.
[01:07:20.300 --> 01:07:27.740]  They offered to lower the amount by 900,000. And then they filed a removal to the federal court.
[01:07:29.740 --> 01:07:35.100]  So I filed a challenge subject matter jurisdiction, the judge dismissed with prejudice,
[01:07:35.100 --> 01:07:42.460]  they screwed up and said they weren't the creditor. So I filed a non-suit. Now they've screwed up.
[01:07:42.460 --> 01:07:48.460]  They've got a, we're not the creditor in the record and it's non-suited so they can't correct it.
[01:07:48.460 --> 01:07:55.500]  They're subject to collateral estoppel. Now I lease out the property and guys, just take your time.
[01:07:56.620 --> 01:08:00.620]  You want to come back and try to foreclose again? I'll land on you like a ton of bricks.
[01:08:00.620 --> 01:08:11.500]  Yeah, I got collateral estoppel. Once you sue them, once you've sued them, now you can collect lease
[01:08:11.500 --> 01:08:19.020]  on the property and not be subject to equity skimming. And I told this lawyer, look, I will
[01:08:19.020 --> 01:08:29.340]  keep you in court until you get old. I got a guy in court that's been in court for six years over a
[01:08:29.340 --> 01:08:35.500]  who the heck are you suit? I don't know who you are. I never entered into a contract with you,
[01:08:35.500 --> 01:08:41.740]  never entered into a contract with your alleged principal. Prove it up. Six years, we're still
[01:08:41.740 --> 01:08:48.860]  in litigation over that one. At some point you think they want to cut their losses.
[01:08:49.900 --> 01:08:57.500]  And that's the junk suit. The next one, I come back with the false fee suit. We do that one.
[01:08:57.500 --> 01:09:01.180]  And when we're done with that one, I'll come up with another one. I'll keep you guys in court
[01:09:01.180 --> 01:09:11.900]  till we both get old. Or make me a deal. Got you. Okay. We can't depend on winning in the end.
[01:09:12.940 --> 01:09:20.460]  Yeah. But if you, the lender, the borrower who writes you the quick claim, he wins because
[01:09:20.460 --> 01:09:27.100]  you've challenged all the claims. And then you send a debt validation letter and you notice all the
[01:09:28.620 --> 01:09:32.300]  credit reporting agencies to remove all this off this guy's credit.
[01:09:33.900 --> 01:09:37.180]  And they don't want to be sued. So they do it. Now you've cleaned up his credit.
[01:09:38.380 --> 01:09:44.380]  He never gets a foreclosure on his credit. No short sale with a deficiency judgment,
[01:09:44.380 --> 01:09:52.300]  none of that garbage. So you've rehabilitated the borrower and they win if you can sell the property.
[01:09:52.300 --> 01:09:57.980]  You know, if we take over a property and release it out, we give the person back some money.
[01:09:57.980 --> 01:10:03.580]  So they've got some money to relocate. We clean up their credit. Everybody wins here.
[01:10:05.180 --> 01:10:08.700]  Even the banks win if they come to the table. If they don't come to the table,
[01:10:08.700 --> 01:10:13.980]  they don't win. You know, do you take all the time you want to? I'm going to lease this property out.
[01:10:14.700 --> 01:10:21.260]  I don't care. We've got to find a way. It's all in the end. It's about the money.
[01:10:22.620 --> 01:10:24.780]  So we've got to find a way to get in their pockets.
[01:10:24.780 --> 01:10:27.660]  Can you give me your address, Randy, to get some details about this?
[01:10:28.700 --> 01:10:31.740]  Randy at ruleoflawradio.com.
[01:10:31.740 --> 01:10:33.260]  Right, right, right.
[01:10:33.260 --> 01:10:35.820]  And I'm going to give you the address, Randy.
[01:10:35.820 --> 01:10:43.580]  And I've got an evaluation that I do. I'll give you enough claims
[01:10:44.300 --> 01:10:47.420]  that they will never be able to adjudicate all of them.
[01:10:48.940 --> 01:10:53.100]  Right. Yeah, definitely interested in that. Okay. Thank you very much.
[01:10:53.820 --> 01:10:59.660]  I did a Trinity versus Packley-Arnold claim on a hearing here in Las Vegas where there was a,
[01:10:59.660 --> 01:11:05.100]  what do you call it? We were being sued and then we did a third party complaint.
[01:11:05.100 --> 01:11:13.020]  And so the third, the people being sued did a summary judgment and they had to join
[01:11:13.020 --> 01:11:17.340]  her with the other party. And when I said, lawyers supposed to them, but the people weren't there.
[01:11:17.340 --> 01:11:22.460]  And when I said Trinity versus Packley-Arnold, the judge looked startled unless he was playing,
[01:11:22.460 --> 01:11:27.900]  why should he try to fool us? That he looked, I don't think he was doing an act.
[01:11:27.900 --> 01:11:35.900]  So he said he would take their advisement. And then six days later, he's reissued an order where
[01:11:35.900 --> 01:11:41.260]  he said it looks like he'll be granting them their summary judgment, but he's waiting until June 25th
[01:11:41.820 --> 01:11:46.380]  for them to provide the order. So I assume, I have a tape of the trial. I got a tape.
[01:11:46.940 --> 01:11:54.220]  So I assume I can't do an appeal until he formally issues his order. But have you ever heard anyone
[01:11:54.220 --> 01:11:58.140]  taking over two months when he's saying he's going to give a grant of summary judgment?
[01:11:58.140 --> 01:12:01.340]  By the way, he didn't mention in his minutes, which is what I got in the mail,
[01:12:01.340 --> 01:12:05.980]  he didn't mention Trinity versus Packley-Arnold at all. And the minutes were like too long paragraphs.
[01:12:05.980 --> 01:12:11.180]  So have you ever heard of- Okay, you can't do anything until he rules.
[01:12:12.460 --> 01:12:18.140]  Are there any cases in the Nevada Supreme on this issue?
[01:12:18.140 --> 01:12:24.220]  Yeah. You mean where the agency hasn't come out, can I come out of the mouth of the agent?
[01:12:26.460 --> 01:12:30.620]  Yes. No, they're not. Not that I've found yet anyway.
[01:12:30.620 --> 01:12:35.980]  Okay. Because that sometimes they may wait for that. We have one. The one that's six years old
[01:12:35.980 --> 01:12:42.380]  in California, they're waiting for a Supreme Court ruling. I think we just got it. I have it.
[01:12:42.380 --> 01:12:53.100]  Oh, I had one in California where they said that if you did anything differently,
[01:12:55.420 --> 01:13:02.860]  it was like an honest man could use the rogue. It's just a second coming up here. Here it is.
[01:13:02.860 --> 01:13:13.900]  Okay. It's California. The appellate court of California as well.
[01:13:16.540 --> 01:13:18.780]  It's important though to get one out of Nevada. I'll never get that.
[01:13:19.900 --> 01:13:25.660]  No, no. If you get one out of the circuit, then Nevada and California in the same circuit,
[01:13:25.660 --> 01:13:28.460]  so that'll work. Oh, you mean appellate? Yeah. Well,
[01:13:28.460 --> 01:13:37.020]  I did have one of those. California is the same thing, but not coming up for whatever reason.
[01:13:38.060 --> 01:13:41.180]  Why are you looking at that? What's that?
[01:13:42.300 --> 01:13:47.420]  Why are you looking at that? The primary idea is not necessarily to expect to win your case in the
[01:13:47.420 --> 01:13:48.860]  end. No.
[01:13:48.860 --> 01:13:58.460]  Okay. Just to create a situation to where it's more profitable for the other person to come to the table.
[01:13:58.460 --> 01:14:01.500]  Oh. Let's make a deal.
[01:14:01.500 --> 01:14:05.180]  Fesloy versus Rollins in California appellate. It was stated, quote,
[01:14:05.180 --> 01:14:09.900]  it is axiomatic that agency cannot be established by the declaration to the agent, not under oath
[01:14:09.900 --> 01:14:14.700]  or the presence of the appellate. Send me an email. I can send you a whole
[01:14:14.700 --> 01:14:19.340]  folder on that. Oh, well, this last sentence is good. Otherwise,
[01:14:19.340 --> 01:14:22.700]  any rogue could use the name of an honest man to facilitate his roguery.
[01:14:23.260 --> 01:14:25.660]  I never heard the word roguery, so I said that's efficient.
[01:14:26.700 --> 01:14:34.380]  I like a good turn of phrase like that. That's California, but okay, I will send you
[01:14:34.380 --> 01:14:40.460]  an email. Thank you very much for your advice and have that over by the end of the weekend,
[01:14:40.460 --> 01:14:43.900]  because I'm going away. But thank you very much. You do a tremendous service.
[01:14:43.900 --> 01:14:49.500]  Okay. Well, I'm away now. I'm down in Austin, which is my favorite place on earth.
[01:14:51.100 --> 01:14:58.060]  Texas has the best looking women on earth. Austin has the best looking women in Texas.
[01:14:58.060 --> 01:14:59.980]  Man has to keep his priorities straight.
[01:15:04.380 --> 01:15:10.860]  I'm too old to chase the pretty women, but they're like fine art. You go to the art
[01:15:10.860 --> 01:15:16.060]  museum and they've got all these masterpieces and you get to admire them all you want to.
[01:15:16.060 --> 01:15:19.980]  But you got these guys standing around, don't do anything all day unless you get close to one of
[01:15:19.980 --> 01:15:29.100]  them. They run up and they say, don't touch, don't touch. Okay. Thank you, Urban.
[01:15:30.060 --> 01:15:37.020]  Now we're going to go to Gary in Oklahoma. Hello, Gary. Sorry you had to wait so long.
[01:15:37.020 --> 01:15:43.660]  What do you have for us? Well, I've got kittens and I've had them
[01:15:43.660 --> 01:15:49.740]  for two years and I had a rooster and I got them from a place that said that they sold only four.
[01:15:50.540 --> 01:15:53.020]  Well, one of them turned out to be a rooster, so we kept them anyway.
[01:15:54.940 --> 01:16:03.100]  Yeah. I am having trouble understanding you. Are you on a headset or a Bluetooth?
[01:16:03.100 --> 01:16:07.580]  No. Okay. Do you have your head stuck inside a toilet?
[01:16:09.740 --> 01:16:13.340]  No. Just kidding. I've got a little hollow sound. Try
[01:16:13.340 --> 01:16:15.820]  moving the mic a little bit further away from your mouth.
[01:16:17.500 --> 01:16:21.180]  Okay. Is this a little better? No, that's worse. That really got hollow.
[01:16:21.180 --> 01:16:25.660]  Try moving it closer to your mouth. All right. Let me try another one.
[01:16:25.660 --> 01:16:33.820]  All right. Anyway, I don't have chickens and it stays a little late.
[01:16:33.820 --> 01:16:37.420]  Animal control came by and told us we need to get rid of the rooster.
[01:16:38.700 --> 01:16:43.500]  So we looked for a home and we found one for this Sunday, but they showed up again today.
[01:16:44.700 --> 01:16:48.300]  Wait a minute. Wait a minute. This is sex-discrimination. Hang on.
[01:16:48.300 --> 01:16:56.700]  We're about to go to break. Randy Kelton, Vet Pack, Red Law Radio. We're going to come back
[01:16:56.700 --> 01:17:02.460]  and stop them from discriminating just checking. Are you being harassed by debt collectors with
[01:17:02.460 --> 01:17:07.420]  phone calls, letters, or even lawsuits? Stop debt collectors now with the Michael
[01:17:07.420 --> 01:17:12.700]  Miras Proven Method. Michael Miras has won six cases in federal court against debt collectors
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[01:17:18.140 --> 01:17:23.260]  court using federal civil rights statutes, what to do when contacted by phone, mail,
[01:17:23.260 --> 01:17:28.060]  or court summons, how to answer letters and phone calls, how to get debt collectors out of your
[01:17:28.060 --> 01:17:33.660]  credit report, how to turn your financial tables on them and make them pay you to go away.
[01:17:33.660 --> 01:17:38.540]  The Michael Miras Proven Method is the solution for how to stop debt collectors.
[01:17:38.540 --> 01:17:44.300]  Personal consultation is available as well. For more information, please visit ruleoflawradio.com
[01:17:44.300 --> 01:17:49.660]  and click on the blue Michael Miras banner or email michaelmiras at yahoo.com. That's
[01:17:49.660 --> 01:17:59.500]  ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors now.
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[01:19:13.180 --> 01:19:18.940]  we are back. Randy Kelton, Vet Pack with the radio and we're talking to Gary in Oklahoma.
[01:19:18.940 --> 01:19:33.020]  Okay. Do you live in a large municipality? It's about 15, 17,000. Okay, that's pretty small.
[01:19:34.380 --> 01:19:47.340]  What? Okay. The first question I need to ask is, how does the city have authority?
[01:19:47.340 --> 01:19:56.140]  I mean, that's not the right word. What did you do to be subject to their regulatory scheme?
[01:19:59.660 --> 01:20:03.420]  Okay, let me back up and explain why I asked that question.
[01:20:05.980 --> 01:20:12.540]  I suspect that Oklahoma is very similar to Texas and all the other states in that the Oklahoma
[01:20:12.540 --> 01:20:20.780]  constitution authorized the legislature to write law and they authorized the legislature to create
[01:20:20.780 --> 01:20:31.260]  courts as they need them. But no constitution that I have seen has included an authorization
[01:20:31.260 --> 01:20:40.860]  for the legislature to delegate the authority to write law. That's why when a municipality
[01:20:40.860 --> 01:20:45.980]  accuse you of violating something, they accuse you of violating an ordinance.
[01:20:48.700 --> 01:20:58.940]  Not a law. The ordinance is a corporate bylaw. It's not actually a law. So,
[01:21:01.180 --> 01:21:09.740]  the question is, how did you agree to this corporation's regulatory scheme? You're not a,
[01:21:09.740 --> 01:21:14.380]  are you a public employee of the corporation? No.
[01:21:15.580 --> 01:21:23.340]  Then how did you agree to abide by the corporation's bylaws?
[01:21:25.100 --> 01:21:32.140]  I did not. And I explained that to them that it was their law and ordinance to follow, not mine.
[01:21:32.140 --> 01:21:40.700]  Okay. Yeah. So, I don't work for you guys. Does this go to subject matter jurisdiction
[01:21:40.700 --> 01:21:49.100]  challenge? Have you listened to the Monday night show? Okay. The Monday night show Eddie Craig does
[01:21:50.140 --> 01:21:56.780]  and he addresses this in more serious detail. I wish I could get Harman Taylor on.
[01:21:56.780 --> 01:22:04.780]  The problem with Harman Taylor is he is so deep and so knowledgeable that he gives me a headache.
[01:22:05.740 --> 01:22:12.060]  It takes me two or three days to catch back up, catch up with him after I do a show with him.
[01:22:13.500 --> 01:22:24.780]  But he is very knowledgeable on how you engage in the regulatory scheme. And, okay. In short,
[01:22:24.780 --> 01:22:30.700]  how to avoid it is the first thing you do is challenge subject matter jurisdiction.
[01:22:30.700 --> 01:22:36.860]  And it sounds like you've done that. And when I say challenge subject matter jurisdiction,
[01:22:36.860 --> 01:22:41.500]  that doesn't mean you go in there and say, I challenge your subject matter jurisdiction.
[01:22:42.460 --> 01:22:48.700]  You can do it simply by objecting to the application of the regulatory scheme.
[01:22:48.700 --> 01:22:57.100]  When a policeman stops me and I tell him, well, I am registered, I do have a license on the back
[01:22:57.100 --> 01:23:03.340]  of my vehicle and I am authorized to operate in commerce. However, I am registered with the
[01:23:03.340 --> 01:23:08.620]  Department of Transportation and you need to look up my registration. My registration gives
[01:23:08.620 --> 01:23:13.900]  him notice that I am a private operator, not in commerce. So, that's a challenge subject matter
[01:23:13.900 --> 01:23:21.820]  jurisdiction. So, what did you tell the city concerning their rooster bias?
[01:23:24.620 --> 01:23:32.380]  Again, I told her that that was their rules to follow and not mine. And she promptly called the
[01:23:32.380 --> 01:23:41.340]  police. And when he showed up, I was still, I wouldn't give her my ID to write me a citation.
[01:23:41.340 --> 01:23:47.340]  And he promptly said, you must give that to her so that she can find, and you will have to find
[01:23:47.340 --> 01:23:54.220]  them or I will take you to jail. And he kept bantering on like that. And I kind of ignored
[01:23:54.220 --> 01:24:00.300]  him and looked at her and kept, you know, asking her for all the penal codes and ordinance codes,
[01:24:00.300 --> 01:24:06.700]  what numbers they were, because I wanted to document them. And when he was done bloviating,
[01:24:06.700 --> 01:24:11.740]  I, I glanced over at him and I said, is that a firearm on the side of your hip?
[01:24:12.940 --> 01:24:20.940]  And his, and his, his face twisted up and he's household. Yeah. And I said, is it loaded? And
[01:24:20.940 --> 01:24:28.300]  he says, well, what are you asking me this for? Yeah, it's loaded. I said, okay, so you're
[01:24:28.300 --> 01:24:36.300]  threatening me. And I said, you know, that's aggravated assault. You're, you're going to,
[01:24:36.300 --> 01:24:43.260]  what? Arrest me and take me to a cage. So that's kidnapping as well, isn't it? And from that point
[01:24:43.260 --> 01:24:52.540]  on, he, he stood there silent. And right on when I asked for his name and badge number, he hesitated
[01:24:52.540 --> 01:24:58.540]  for a long time. And then he kind of gave me a sideways look and he told it to me. But by that
[01:24:58.540 --> 01:25:06.620]  time his backup showed up, the sergeant and the sergeant just kind of giggled. And I was polite.
[01:25:06.620 --> 01:25:11.020]  I was, I was very cordial. I wasn't a smart ass, but I was very, you know, matter of fact about
[01:25:11.020 --> 01:25:17.100]  it. Oh, oh, just for the record, they really hate that.
[01:25:17.100 --> 01:25:27.500]  Yeah. They can't get you agitated. They really hate that. So wonderful. Yeah. Well, the sergeant was
[01:25:27.500 --> 01:25:35.980]  an agitator. He was taking it in fun and laughing at the guy that I asked that to. And animal control
[01:25:35.980 --> 01:25:41.340]  was looking at her eyes just wide open. And she couldn't believe I was talking to him that way.
[01:25:41.340 --> 01:25:48.140]  And asking questions. So, luckily I submitted my ID because he kept threatening me, you know, he's
[01:25:48.140 --> 01:25:56.380]  going to arrest me anyway. Okay. I have a question. Have you looked in Oklahoma law concerning a
[01:25:56.380 --> 01:26:04.540]  failure to ID? It's, it's only under a criminal act. And that's what I heard. And that's what I
[01:26:04.540 --> 01:26:13.180]  argued. I said, I have not committed a criminal act. Okay. In Texas law, you are only required to
[01:26:13.180 --> 01:26:20.860]  ID after you have been arrested. Yeah. So there must be reasonable probable cause to believe he's
[01:26:20.860 --> 01:26:28.700]  been a crime and there has to have been an actual arrest. If the officer threatens you,
[01:26:28.700 --> 01:26:37.420]  and there has to have been an actual arrest, if the officer threatened to arrest you for exercising
[01:26:37.420 --> 01:26:46.780]  right, that's retaliation. It's almost always a felony. Okay. Either retaliation in Texas,
[01:26:46.780 --> 01:26:51.500]  retaliation and obstruction are the same thing, but look up retaliation.
[01:26:51.500 --> 01:26:59.420]  They, most of the times that they don't realize how deep the water is, they're treading and you
[01:26:59.420 --> 01:27:14.220]  might look for, look under aggravated assault. When someone makes a threat, you know, it may be a
[01:27:14.220 --> 01:27:21.500]  misdemeanor or class A, B or C misdemeanor, but when they make that threat, while prominently
[01:27:21.500 --> 01:27:28.540]  displaying it, that the weapon that changes everything. Yeah. The police are so accustomed
[01:27:28.540 --> 01:27:35.100]  to having that pistol on their hip and ordering people around, they forget how deep the water
[01:27:35.100 --> 01:27:41.340]  gets. And for the most part, people don't introduce them to how deep the water gets. So
[01:27:41.340 --> 01:27:46.940]  it sounds like this officer wasn't outrageous or out of hand.
[01:27:49.660 --> 01:27:50.940]  No, but he was forceful.
[01:27:51.900 --> 01:27:55.580]  But that's what he was forceful. This is the best guy to go after.
[01:27:57.340 --> 01:28:04.060]  Policemen are trained in military tactics. And I was in the military. And when you're in a
[01:28:04.060 --> 01:28:10.940]  immersed in an indigenous population, that could be potentially hostile, you have to take control.
[01:28:11.740 --> 01:28:16.940]  You have to take absolute complete control. And they've transferred this to the police.
[01:28:16.940 --> 01:28:23.340]  That's what the police do. They're taught to believe that if you don't do exactly what they
[01:28:23.340 --> 01:28:30.620]  say, when they say exactly how they say, their life is in danger. We need to give them that.
[01:28:30.620 --> 01:28:40.220]  In danger. We need to get that fixed. So we need to remind them that they are the servants.
[01:28:41.260 --> 01:28:49.500]  We are the masters. 90% of the people the police deal with are habitual criminals.
[01:28:49.500 --> 01:28:59.100]  And the police legitimately have to use somewhat stringent measures to control these guys.
[01:29:00.540 --> 01:29:06.220]  But that other 10% are us. The other 10% of the people the police deal with
[01:29:06.220 --> 01:29:14.460]  are 96% of the population. So how is the policeman to tell when he's not dealing with a habitual
[01:29:14.460 --> 01:29:24.220]  criminal? It's when we do exactly what you did. We get them doing the chicken dance. And if they
[01:29:24.220 --> 01:29:31.660]  don't lose their composure, you know, that's what we want. We want them to feel like you mess with
[01:29:31.660 --> 01:29:40.540]  this. You've come across one of the masters, they will kick your behind. So every once in a while,
[01:29:40.540 --> 01:29:48.220]  we need to sting them. And the more we can surprise them with what we do, the more effective it is.
[01:29:48.220 --> 01:29:52.220]  Hang on, I'll explain that when we come back. Radio Kelton, Blue Bly Radio.
[01:29:52.220 --> 01:30:14.700]  Radio Kelton Backpack, Blue Bly Radio. We'll be right back.
[01:30:22.860 --> 01:30:29.020]  You'll find your freedoms will start to vanish too. So protect your rights. Say no to surveillance
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[01:33:10.220 --> 01:33:37.340]  Okay, we are back. Randy Kelton, Dead Pack. You are on radio. And I have a, okay, you have
[01:33:37.340 --> 01:33:44.620]  animal control. Do they state that there's a city ordinance forbidding roosters?
[01:33:46.300 --> 01:33:56.540]  Yes. Okay, I've got this. Are you ready to have some great fun? Oh, I am. Big time. The city has
[01:33:56.540 --> 01:34:07.660]  a bullet prejudice. The prejudice against bullets, toward bullets, and they're biased against
[01:34:07.660 --> 01:34:19.820]  roosters. This is a sexual discrimination suit. Does sexual discrimination only apply to human beings?
[01:34:19.820 --> 01:34:33.420]  No. But I suspect that if you file against this officer, and I'm going to suggest that the more
[01:34:33.420 --> 01:34:45.420]  minor the offense, the more profound it is in its effect. When the officer does what he always does,
[01:34:45.420 --> 01:34:51.900]  what he's trained to do, and then you land on him like a ton of bricks. You know, I just filed
[01:34:51.900 --> 01:35:03.020]  against my local Texas ranger because he followed protocol. I was in Tarrant County and called 911
[01:35:03.660 --> 01:35:11.420]  and wanted him to send an officer out to arrest the two jail guards or the two deputies at the
[01:35:11.420 --> 01:35:17.180]  metal detector going into the courthouse. Well, why do you want me to arrest them? I want you to
[01:35:17.180 --> 01:35:28.700]  arrest them for following policy. You want us to arrest them for following policy? Yes, I do.
[01:35:29.740 --> 01:35:36.220]  Where the policy is in violation of law, they can choose to follow policy and keep their job,
[01:35:36.220 --> 01:35:42.540]  or they can choose to follow law and not have to explain themselves to a grand jury. It's their call.
[01:35:44.220 --> 01:35:51.180]  So you get them for something where they never expected it. This officer came out and made threats
[01:35:51.180 --> 01:35:55.980]  against you while prominently displaying a deadly weapon. That's going to be aggravated assault.
[01:35:57.420 --> 01:36:04.540]  Yeah. Technically aggravated assault, and that's what you want. You don't want the guy who,
[01:36:04.540 --> 01:36:08.700]  like I had a bailiff, ordered me out of the courthouse. And when I stepped out the door,
[01:36:08.700 --> 01:36:15.020]  he gave me a slight push on the back, just as my foot hit a carpet that was laying there to clean
[01:36:15.020 --> 01:36:20.380]  your feet on. And it caused that carpet to come out from under me and I fell backwards and landed
[01:36:20.380 --> 01:36:28.860]  on a granite step with my elbow and broke my elbow. He did not mean to do that. And he didn't give me
[01:36:28.860 --> 01:36:41.740]  a hard push at all. No way I was going to ruin his career over that. But I just filed against my
[01:36:41.740 --> 01:36:47.180]  district judge for first degree felony aggravated assault, because he had a bailiff touch me.
[01:36:50.460 --> 01:36:57.020]  I bet he didn't see that coming. That's the kind of hell, I do not want him indicted.
[01:36:57.020 --> 01:37:02.700]  Hell, I do not want him indicted for that. And I told the prosecutor, I made my best argument
[01:37:02.700 --> 01:37:08.940]  for indictment, but I expect you to get in there and make sure that this judge does not get indicted.
[01:37:09.500 --> 01:37:14.700]  He said, you can be sure of that. But the judge is never going to forget
[01:37:16.460 --> 01:37:24.540]  over something he does all the time, that he almost went to prison.
[01:37:24.540 --> 01:37:29.660]  The problem with grand juries is you never know what they're going to do. And if you can
[01:37:30.860 --> 01:37:41.020]  walk them into it, if you can ask them the right questions, and then come back and hammer them
[01:37:41.020 --> 01:37:47.660]  because of their answers, they're going to say, that SOB set me up. And you ask them the right
[01:37:47.660 --> 01:37:52.460]  questions, now you go back and charge him with first degree felony aggravated assault.
[01:37:52.460 --> 01:37:58.620]  First degree felony aggravated assault. I don't know what it will be in Oklahoma,
[01:37:58.620 --> 01:38:05.340]  it'll definitely be aggravated assault. He's going to think, he set me up for that.
[01:38:06.380 --> 01:38:11.100]  He walked me right into it. And that's what will terrify them.
[01:38:13.100 --> 01:38:18.220]  You got this animal control officer here, he watches you do this to the cop and he's thinking,
[01:38:18.220 --> 01:38:25.180]  holy crap, I called this guy out here to take advantage of his authority, and this guy's working
[01:38:25.180 --> 01:38:31.180]  him over. The animal control guy is not going to want anything to do with you.
[01:38:32.620 --> 01:38:37.180]  Yes. Now, do I go also after the animal control?
[01:38:37.900 --> 01:38:43.500]  Absolutely. But okay, you got to look at, I would need to see.
[01:38:43.500 --> 01:38:54.380]  I don't know, I'd have to examine this in more detail. Send me an email on this,
[01:38:54.380 --> 01:38:58.300]  we're kind of running low on time and I got a bunch of callers, but I know you've been
[01:38:58.300 --> 01:39:04.460]  working quite a while and I apologize for that. Send me an email on it, so kind of give me a
[01:39:04.460 --> 01:39:11.020]  synopsis of what occurred. And you know, I don't want to do the animal control officer really harm,
[01:39:11.020 --> 01:39:15.660]  but these kinds of things are great teaching tools for these public officials.
[01:39:17.340 --> 01:39:22.700]  We want to give them reason to be very careful of what they do. Was your animal control officer
[01:39:22.700 --> 01:39:26.220]  armed? She was not.
[01:39:27.020 --> 01:39:33.020]  Good. Wonderful. Wonderful. It's nice that the city don't have them armed. Okay.
[01:39:33.020 --> 01:39:39.740]  And you might, you know, this might be a good argument to bring. It's all about money. So
[01:39:40.860 --> 01:39:44.140]  if you can bring an argument, it looks like it was going to cost them money, good chance
[01:39:44.140 --> 01:39:49.740]  of going to leave your loan. But send me an email because I want to find out what your intended
[01:39:49.740 --> 01:39:55.100]  purpose is, what your outcome is, what you want to achieve and then I can give you a better idea of
[01:39:55.100 --> 01:40:04.460]  how to move forward on this. Just email me randy at ruleoflawradio.com. Yeah. Well,
[01:40:04.460 --> 01:40:08.860]  I want to keep my property. That's what I want. Are they trying to take your property?
[01:40:10.300 --> 01:40:14.220]  Well, they're telling me I have to get rid of the rooster. Oh, okay. This is,
[01:40:14.780 --> 01:40:21.740]  you can give them such a fight. They won't believe it and they won't ever want to mess with you again.
[01:40:21.740 --> 01:40:28.700]  That's what I want. I just, I want to, I want a taste of the fight and look at it.
[01:40:28.700 --> 01:40:36.140]  Here's, here's the problem you're going to have. Once you figure it out and you're already getting
[01:40:36.140 --> 01:40:42.060]  an idea, once you figure out that you're the master, they're the servants,
[01:40:43.980 --> 01:40:49.260]  jerking them around and making them dance for you is going to get to be way too much fun.
[01:40:49.260 --> 01:40:57.820]  Yeah. I have to be careful. I'm very proud of myself. Yeah. I have to be careful. I can get
[01:40:57.820 --> 01:41:02.620]  these guys to beat me into unconsciousness just by having too much fun at their expense.
[01:41:04.540 --> 01:41:10.620]  Yeah. Okay. Send me an email and so I can get into this in more detail.
[01:41:11.740 --> 01:41:15.420]  And does it make any difference if I put in brackets where they wanted me to sign the
[01:41:15.420 --> 01:41:20.700]  certificate and I put it under the rest and then I signed it? Oh, that's perfect.
[01:41:22.300 --> 01:41:26.220]  That's perfect because it's under the rest. It's not really signed.
[01:41:27.740 --> 01:41:33.180]  Okay. I'll send you that email. Okay. Send me an email and we'll go over this.
[01:41:34.540 --> 01:41:42.620]  Okay. Okay. Thank you. Okay. Now we're going to go to Rob in New Mexico who has some crowing to do.
[01:41:42.620 --> 01:41:48.060]  Hey, Randy. Okay. We were just talking about
[01:41:50.140 --> 01:41:53.980]  chicken bias and now we get somebody who wants to crow.
[01:41:55.820 --> 01:42:00.300]  Yeah. Well, we talked about beating animal control up too because I did that
[01:42:00.300 --> 01:42:07.580]  three years ago. They won't bother me anymore. That's Jimmy how it works. Okay.
[01:42:07.580 --> 01:42:15.180]  Okay. What do you have going today? I'll keep it short. I won't give the whole
[01:42:15.180 --> 01:42:20.140]  background, but we had a motion for judgment on the pleadings and a
[01:42:21.420 --> 01:42:25.740]  motion for expedited hearing on possession of the property.
[01:42:25.740 --> 01:42:32.300]  Okay. Hold on. This is a case where Rob purchased a property and he paid for insurance
[01:42:32.300 --> 01:42:37.580]  that the escrow agent never purchased. Okay. Go ahead.
[01:42:37.580 --> 01:42:42.860]  The seller was supposed to purchase it, not the escrow agent, but the escrow agent refused
[01:42:42.860 --> 01:42:46.780]  to account for the money and won't give it back. Still won't give it back.
[01:42:48.780 --> 01:42:55.260]  So anyway, so I sued everybody. So the motion for judgment on the pleadings was by the broker
[01:42:55.260 --> 01:43:05.260]  seeking to be excused from fraud, theft, breach of fiduciary duty, and unfair practices.
[01:43:05.900 --> 01:43:10.300]  Well, the fraud, theft, and breach of fiduciary duty claims weren't against him anyway,
[01:43:10.940 --> 01:43:16.940]  but I argued them just for fun and the judge gave them that. Then the attorney tried to argue that
[01:43:16.940 --> 01:43:22.300]  the unfair practices didn't apply, but it doesn't apply to sale of real property.
[01:43:22.300 --> 01:43:28.220]  Well, I pointed out that the claim wasn't on the sale of real property. It was on a service relating
[01:43:28.220 --> 01:43:38.300]  to the sale. And the opposing counsel argued and huffed and puffed and the judge is about to shoot
[01:43:38.300 --> 01:43:44.220]  him. The judge is not impressed with his argument, ruled in my favor on that one.
[01:43:46.460 --> 01:43:48.700]  So you get to keep the claim?
[01:43:48.700 --> 01:43:53.340]  Get to keep the unfair practice, dad.
[01:43:56.780 --> 01:43:57.740]  And he's going to break.
[01:43:58.780 --> 01:43:59.280]  Okay.
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[01:46:22.380 --> 01:46:31.820]  Okay, we are back. So you won one, Rob?
[01:46:33.500 --> 01:46:45.980]  I won two. The second one was the motion for possession and the property or make me pay for
[01:46:45.980 --> 01:46:50.940]  all the time I've been there and all the time forward, you know, until I'm gone.
[01:46:50.940 --> 01:46:57.500]  And I argued against that. I had a pretty good argument. Basically, my argument ultimately
[01:46:57.500 --> 01:47:06.220]  came down to their motion was a judgment that didn't require a judgment. And the judge said
[01:47:06.220 --> 01:47:09.660]  that he was not going to put us out of the property and give them possession at this time,
[01:47:10.300 --> 01:47:16.060]  but that it was not proper for us to be living there without paying. So he's setting up an
[01:47:16.060 --> 01:47:23.660]  account with the court that we have to pay every month. And then whoever wins the case ultimately
[01:47:23.660 --> 01:47:31.500]  will get part or all of that. They hemmed and hawed about that and said that they needed to
[01:47:31.500 --> 01:47:36.700]  be in possession of the property and that this was an urgent matter. And the judge said,
[01:47:36.700 --> 01:47:42.620]  this started last February. You did nothing about it. You did nothing about it until he
[01:47:42.620 --> 01:47:50.220]  sued you in December. And now in April, you're going to try and claim this is urgent. I don't
[01:47:50.220 --> 01:47:55.820]  see any sense of urgency here. He was not pleased with their argument either.
[01:47:56.460 --> 01:48:06.780]  This is good. You got a judge with a pro se on one side and he's actually ruling in what appears
[01:48:06.780 --> 01:48:15.420]  to be a fair manner. This is good news. Well, I suspect the sellers, I told you before,
[01:48:15.420 --> 01:48:22.540]  the sellers on this place are very reputable. Every time we tell anybody that we're having
[01:48:22.540 --> 01:48:29.500]  problems, they're like, oh, you bought from so-and-so, didn't you? So they're well known.
[01:48:29.500 --> 01:48:34.780]  They may have screwed the judge or one of the judge's relatives. So they're getting paid back.
[01:48:34.780 --> 01:48:39.420]  I think he might be using me as a tool to bring them down.
[01:48:40.300 --> 01:48:40.860]  Wonderful.
[01:48:40.860 --> 01:48:50.380]  So now real quick, I got a Rule 68 offer for judgment in my FDCPA case at federal court.
[01:48:52.860 --> 01:48:56.060]  Can I respond to that with a conditional acceptance?
[01:48:57.820 --> 01:49:01.900]  Okay. Say that you have what kind of offer for a judgment?
[01:49:01.900 --> 01:49:08.540]  Rule 68. That's where they say, yeah, we did it here. We'll give you this much.
[01:49:09.340 --> 01:49:14.460]  If you don't take it and you win, but you don't get this much,
[01:49:14.460 --> 01:49:18.780]  you don't get more than this much money, you're liable for additional attorney fees.
[01:49:21.740 --> 01:49:22.940]  Horse poop.
[01:49:22.940 --> 01:49:30.780]  Horse poop. Who said that? The judge or the other side?
[01:49:32.060 --> 01:49:37.500]  This is the debt collector attorney. And that is actually what Rule 68 says. If I win,
[01:49:38.700 --> 01:49:45.740]  but I don't get more than what they offer, then I can be liable for all of their attorney fees
[01:49:45.740 --> 01:49:47.100]  going forward from the offer.
[01:49:47.660 --> 01:49:49.020]  Okay. And that's reasonable.
[01:49:49.020 --> 01:49:53.820]  I could have ended it. Yeah, because I could have ended it there, got that much.
[01:49:53.820 --> 01:49:57.820]  But the problem is they're only offering me a thousand and one dollars.
[01:49:58.460 --> 01:50:08.860]  Okay. Then what would you expect? Make a counter offer. This is just negotiation.
[01:50:08.860 --> 01:50:14.140]  Right. Okay. That's what I was going to say. I was going to say conditional acceptance of
[01:50:14.140 --> 01:50:19.660]  thousand dollars plus costs are the harm that the debt collector attorney caused me.
[01:50:20.620 --> 01:50:25.020]  So he makes me hold on that and I'll take their thousand bucks and drop it.
[01:50:26.380 --> 01:50:30.540]  Give them a counter offer and then to push the onus back on them
[01:50:31.420 --> 01:50:33.180]  because they're in the same position.
[01:50:33.180 --> 01:50:42.780]  Now I did lose a hearing on the second escrow company who I now have in federal court.
[01:50:44.940 --> 01:50:47.900]  Wait a minute, wait a minute. We've only got a few minutes left.
[01:50:47.900 --> 01:50:50.060]  So I don't want to go through every permutation.
[01:50:51.340 --> 01:50:54.300]  Okay. Nevermind. I'll let you go grab the next one.
[01:50:54.940 --> 01:50:58.540]  Okay. Thank you, Rob. You did good for a truck driver.
[01:51:00.140 --> 01:51:00.700]  Not bad.
[01:51:00.700 --> 01:51:09.180]  Okay. Thank you. Okay. Now we're going to go to Truth Raider in Oregon. Hello, Truth.
[01:51:10.460 --> 01:51:11.340]  Or is that Raider?
[01:51:11.340 --> 01:51:14.380]  Randy. Both of them. Randy.
[01:51:14.380 --> 01:51:15.500]  Okay. Traitor.
[01:51:17.020 --> 01:51:20.780]  No, that's not patriotic.
[01:51:21.340 --> 01:51:23.180]  Okay. What do you have for us today?
[01:51:24.220 --> 01:51:27.980]  Boy, I tell you what, trying to get these cases all taken care of.
[01:51:27.980 --> 01:51:31.020]  Man, I feel like a one-legged cat trying to bury turds on a frozen pond.
[01:51:31.020 --> 01:51:31.580]  You know what I mean?
[01:51:34.540 --> 01:51:38.940]  I'm going to try not to build that image in my brain
[01:51:38.940 --> 01:51:41.900]  because I'll never get it scratched off the back of my eyeballs.
[01:51:44.380 --> 01:51:46.700]  Anyway, making progress here.
[01:51:46.700 --> 01:51:49.260]  So let's, we've got about six or seven minutes to go here.
[01:51:49.260 --> 01:51:58.700]  Make the long story short, I'm up to five tickets now, traffic tickets.
[01:51:59.740 --> 01:52:02.620]  I'm having trouble getting communication back and forth with Eddie.
[01:52:02.620 --> 01:52:05.740]  He's got some questions here, but I'll pass this question to you.
[01:52:05.740 --> 01:52:07.900]  That's the most important thing. I've got a lot of things to talk about,
[01:52:07.900 --> 01:52:10.060]  but let's get on to the most important thing here.
[01:52:10.060 --> 01:52:13.180]  I'm trying to use a US Supreme Court ruling.
[01:52:13.820 --> 01:52:16.300]  And if you want me to, I can read it to you what it is,
[01:52:16.300 --> 01:52:19.740]  but it's Thompson versus Smith in case you don't know what that is.
[01:52:20.460 --> 01:52:21.900]  No, I'm not familiar with it.
[01:52:23.100 --> 01:52:29.980]  Okay. The US Supreme Court ruled that anyone with an automobile
[01:52:29.980 --> 01:52:37.340]  may have, has the inalienable right, the natural right to travel upon the roads,
[01:52:37.900 --> 01:52:44.380]  highways and common ways for normal use without a license, registration, or proof of insurance.
[01:52:44.380 --> 01:52:49.100]  Okay. Hang on. What was, what year was that?
[01:52:50.860 --> 01:52:54.220]  That's what I don't know exactly on it. It has the subsections on it.
[01:52:54.220 --> 01:53:01.420]  It's also in jurisdictionary in a certain passage of page 1135, I think something like that.
[01:53:01.420 --> 01:53:07.100]  And some American jurisdiction, I'd have to get the piece, grab the piece of paper
[01:53:07.820 --> 01:53:10.700]  and read it to you real quick so that way you can reference it yourself.
[01:53:10.700 --> 01:53:18.540]  But yeah, I found this and it was at my library, grab the paper real quick.
[01:53:18.540 --> 01:53:22.460]  Anyway, yeah, while I'm grabbing that paper, what do you think about this one?
[01:53:22.460 --> 01:53:26.700]  I got pulled over yesterday by a local municipality unit.
[01:53:27.820 --> 01:53:32.460]  There's this little Dodge Charger with just simple, you know, the regular license plates
[01:53:32.460 --> 01:53:39.020]  you get, you get from the DMV for just regular, regular people, just a regular commercial
[01:53:39.020 --> 01:53:45.340]  citizens plate instead of the official government plate that's supposed to be on the unit and I got
[01:53:45.340 --> 01:53:55.020]  traffic stopped. Is that, is that a violation? Okay, wait a minute.
[01:53:55.020 --> 01:54:02.940]  Pull me over, unmarked unit, traffic stop, unmarked unit with just regular state plates,
[01:54:02.940 --> 01:54:09.100]  just the regular commercial, you know, the public plates that you'd have on anybody's automobile.
[01:54:09.100 --> 01:54:15.100]  Is that illegal for him to do that? Not that I'd know of so long as he is actually
[01:54:15.900 --> 01:54:21.900]  a certified peace officer. Okay. Yeah, he was.
[01:54:21.900 --> 01:54:27.900]  Okay, I knew of no statutory requirement that they'd be marked because they certainly have
[01:54:27.900 --> 01:54:33.180]  unmarked cars or supposedly unmarked, but everybody recognizes them.
[01:54:33.180 --> 01:54:37.660]  Some states do and some states don't. I've seen a few things on YouTube that, for example,
[01:54:37.660 --> 01:54:41.820]  the state of Washington, it was against some type of code that they do, they can drive,
[01:54:41.820 --> 01:54:45.180]  conduct traffic stops, they must conduct them in marked units.
[01:54:45.180 --> 01:54:51.660]  Okay, and that is likely, oh, wait a minute. Okay, this is a traffic stop.
[01:54:51.660 --> 01:54:56.380]  When you said that, I'm thinking a peace officer driving home,
[01:54:56.380 --> 01:55:06.380]  and his personal vehicle observes a crime, he can act to intervene.
[01:55:06.380 --> 01:55:10.380]  Yeah. But if it's a Class C misdemeanor,
[01:55:10.380 --> 01:55:18.380]  then it's very likely that there would be certain restrictions on what he can do.
[01:55:18.380 --> 01:55:22.380]  Okay. Because if there's not restrictions on that,
[01:55:22.380 --> 01:55:27.180]  you get a cop who's had a hard day and he's tired and he's grumpy and somebody cuts him off,
[01:55:27.180 --> 01:55:32.380]  and the cop pulls him over and abuses his discretion,
[01:55:32.380 --> 01:55:39.180]  I would expect there to be statutory limitations, but the limitations would have to be statutory.
[01:55:39.180 --> 01:55:42.780]  Okay, very good. All right. All right, we're running out of time here.
[01:55:42.780 --> 01:55:48.380]  Let me have a chance to read this to everybody out there listening in rule of law radio land.
[01:55:48.380 --> 01:55:56.380]  This is, the U.S. Supreme Court says, no license necessary to drive or travel an automobile on public highways or streets.
[01:55:56.380 --> 01:56:04.380]  The U.S. Supreme Court and other high court citations proving that no license necessary for normal use of an automobile on common ways.
[01:56:04.380 --> 01:56:10.380]  In quotations here, the right of a citizen to travel upon the public highways
[01:56:10.380 --> 01:56:16.380]  and to transport his or her property thereon by horse-drawn carriage, wagon, or car.
[01:56:16.380 --> 01:56:26.380]  By horse-drawn carriage, wagon, or automobile is not a mere privilege which may be permitted or prohibited at will,
[01:56:26.380 --> 01:56:36.380]  but a common right which he or she has under his or her right to life, liberty, and the pursuit of happiness.
[01:56:36.380 --> 01:56:44.380]  Under the constitutional guarantee, one inclination along the public highways or in public highways or places,
[01:56:44.380 --> 01:56:54.380]  and while conducting his or her self in an orderly and decent manner, neither interfering nor disturbing another rights,
[01:56:54.380 --> 01:57:02.380]  he or she will be protected not only in his or her person, but in his or her safe conduct.
[01:57:02.380 --> 01:57:12.380]  Okay, okay. My producer tells me that's not, I heard Compton. He tells me it's Thompson V. Smith.
[01:57:12.380 --> 01:57:16.380]  Yeah, Thompson V. Smith.
[01:57:16.380 --> 01:57:21.380]  Okay, 154 Southeast 579.
[01:57:21.380 --> 01:57:22.380]  Correct.
[01:57:22.380 --> 01:57:23.380]  Perfect.
[01:57:23.380 --> 01:57:32.380]  11 American jurisprudence, Constitutional Law, Section 329, Page 1135.
[01:57:32.380 --> 01:57:45.380]  Okay, if you can find me more case law in this, I will write a pleading that we can file with the court and it places the law before the court.
[01:57:45.380 --> 01:57:53.380]  Once the law is before the court, the court must exercise its duty to determine the facts in accordance with the rules of evidence
[01:57:53.380 --> 01:58:00.380]  and apply the law as it comes to him to the facts in the case. If he doesn't, we get stinging good.
[01:58:00.380 --> 01:58:01.380]  Yes.
[01:58:01.380 --> 01:58:10.380]  That's great. I've heard this citation before, but I didn't know exactly where it came from.
[01:58:10.380 --> 01:58:16.380]  Right. Well, I wanted to have a chance to see what Eddie's take on that is and he doesn't quite understand. It's kind of vague to him.
[01:58:16.380 --> 01:58:18.380]  He doesn't understand what I want to use it for.
[01:58:18.380 --> 01:58:23.380]  He probably knows that citation because that sounds like something I've heard from Eddie.
[01:58:23.380 --> 01:58:29.380]  But I'm sorry we are completely out of time and I'm sorry I got you on so late.
[01:58:29.380 --> 01:58:34.380]  Next time call in earlier. I'd like to bring you up sooner. We've had a great show tonight.
[01:58:34.380 --> 01:58:38.380]  We've had all knowledgeable callers. This is a wonderful show.
[01:58:38.380 --> 01:58:45.380]  Thank you guys for helping make a wonderful show for me. I appreciate that. I am pleased tonight.
[01:58:45.380 --> 01:58:49.380]  Thank you all. We'll be back next week. Good night.
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