[00:00.000 --> 00:06.560]  The following news flash is brought to you by the Lone Star Lowdowns.
[00:06.560 --> 00:13.160]  Markets for Wednesday 16 January 2019 open with precious metals gold $1,294.63 an ounce,
[00:13.160 --> 00:19.600]  silver $15.60 an ounce, copper $2.66 an ounce, oil, Texas crude $52.11 an ounce of barrel,
[00:19.600 --> 00:27.120]  Brent crude $60.64 an ounce of barrel, and cryptos in order of Market Cap, Bitcoin $3,649.76,
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[00:35.240 --> 00:43.800]  Today in History the year 1377 Pope Gregory XI moves the papacy back to Rome from Avignon,
[00:43.800 --> 00:50.400]  France where it had been since 1309 the relocation of the Pontiface Maximus back to Rome from Avignon
[00:50.400 --> 00:59.040]  today in history. In recent news for the fiscal year of 2017 in Texas nearly 18,000 state employees
[00:59.040 --> 01:04.360]  working for cities towns and counties made at least $100,000 in their yearly salary costing
[01:04.360 --> 01:10.400]  taxpayers 2.1 billion with almost 2,000 of them making more than 150,000 out earning even the
[01:10.400 --> 01:15.960]  governor's pay grade in Denton County in the city of Renau with a population of only 8,000 city
[01:15.960 --> 01:20.520]  manager Scott Campbell made over a quarter of a million dollars in Dallas County the city manager
[01:20.520 --> 01:26.640]  Opal Maldon Jones of Lancaster population of 39,000 made over half a million coming in second
[01:26.640 --> 01:31.800]  place on the top 10 most compensated city managers in Texas. The number one spot went to Jesus
[01:31.800 --> 01:39.360]  Olivares of Laredo population 261,000 when he retired in 2017 he was paid out over 651,000
[01:39.360 --> 01:45.480]  dollars in cash when he originally started off at roughly only 160,000 in 2014 however it wasn't
[01:45.480 --> 01:49.800]  only city managers ranking in the dough assistant city managers of the which cities have more
[01:49.800 --> 01:55.200]  than one have also been compensated quite well all of Austin's five assistant city managers are
[01:55.200 --> 02:00.320]  raking in well over 200k each as well as the four assistant city managers in San Antonio if that
[02:00.320 --> 02:04.920]  wasn't enough for you even pool managers zoo public works parks and recreation and library
[02:04.920 --> 02:09.840]  directors have all benefited quite lucratively from their public service as well many of which
[02:09.840 --> 02:16.720]  are several degrees north of 150k add to this the 42 library and 95 park employees making at
[02:16.720 --> 02:21.440]  least six figures and maybe it's time Texans quit worrying about cutting pork in Washington and
[02:21.440 --> 02:28.680]  start focusing on frying some local bacon instead the oldest soft drink brand in the United States
[02:28.680 --> 02:33.720]  the dr. Pepper soft drink company started a change.org petition to become the official soft drink of
[02:33.720 --> 02:40.040]  Texas dr. Pepper was created in Waco in 1885 by a pharmacist named Charles Alderton the petition
[02:40.040 --> 02:48.120]  has well over 5,000 signatures the states 321,000 public school teachers could be getting raises
[02:48.120 --> 03:04.200]  pretty soon with Senator Jane Nelson filing a bill to give teachers a $5,000 annual raise.
[03:18.120 --> 03:47.320]  What you gonna do what you gonna do bad boys bad boys what you gonna do what you gonna do when they come for you bad boys bad boys what you gonna do what you gonna do when they come for you when you were eight and you had bad trees you go to school and learn the golden rules so why are you acting like a bloody fool if you get
[03:47.320 --> 04:02.080]  in your mouth just cool bad boys bad boys what you gonna do what you gonna do when they come for you bad boys bad boys what you gonna do what you gonna do when they come for you cambi done that won yeah
[04:02.080 --> 04:32.000]  Okay, howdy, howdy, Randy Kelton, rules law radio on this
[04:32.000 --> 04:40.080]  the 18th day of January 2019 and we I am turning on the
[04:40.080 --> 04:46.880]  call bridge as we speak the phone lines are on they called in number 512
[04:46.880 --> 04:54.680]  646 1984 if you have a question or comment give me a call looks like I
[04:54.680 --> 04:59.920]  have a couple callers up already so we will have the caller bridge open all
[04:59.920 --> 05:07.480]  night so we will try to get to everybody since I already have some
[05:07.480 --> 05:14.440]  callers up and I will instead of doing my normal routine I'll just start going
[05:14.440 --> 05:19.440]  to callers to make sure I get to everybody yeah top of the bridge we
[05:19.440 --> 05:26.320]  have Stefan in California hello Stefan how you doing Randy doing good what do
[05:26.320 --> 05:32.440]  you have for us today well we went to court today that is a preliminary
[05:32.440 --> 05:42.120]  injunction and the judge it it wasn't a hearing what it was is he basically told
[05:42.120 --> 05:52.080]  us that he was declining the injunction and my brother the feeling that he
[05:52.080 --> 06:04.320]  didn't have you know it wasn't you know taking it further and I talked to the
[06:04.320 --> 06:10.320]  paralegal that I've been using and she says don't take the injunction as a you
[06:10.320 --> 06:19.920]  know the judge he just did it because he I guess he had to I don't know the
[06:19.920 --> 06:25.440]  discovery process will show that they okay hold on hold on give us some idea
[06:25.440 --> 06:30.440]  kind of a synopsis of the case so we have some kind of grounding in what's
[06:30.440 --> 06:45.720]  going on well my brother bought a house 18 years ago or as he wanted to get a
[06:45.720 --> 07:00.640]  fixed interest rate and after all the years the loan payment doubled and okay
[07:00.640 --> 07:07.680]  hold on wanted to get a fixed interest rate did he simply want to get it and
[07:07.680 --> 07:12.800]  didn't get it or did he think he got a fixed interest rate when actually he
[07:12.800 --> 07:22.280]  got something else right he started got a fixed interest rate and and and do the
[07:22.280 --> 07:32.200]  manipulation of the people I'd love I think that a lot of it is his own not
[07:32.200 --> 07:43.320]  going to take any positive action to resolve it but anyway he's he's not
[07:43.320 --> 07:54.840]  sitting had a had a cause of action and as a result of the hearing today okay
[07:54.840 --> 08:01.720]  hold on hold on you're in California that's a non-judicial state how did you
[08:01.720 --> 08:22.360]  get into court he filed a complaint a complaint and then an injunction okay so
[08:22.360 --> 08:32.200]  he how long ago did he file the complaint November the 16th okay so it's
[08:32.200 --> 08:37.240]  relatively recent he filed a put motion for preliminary injunction okay you're
[08:37.240 --> 08:44.920]  just getting cranked up it has been my experience that in a foreclosure issues
[08:44.920 --> 08:54.720]  especially in California when you file an action against a bank for a
[08:54.720 --> 09:01.520]  foreclosure that and asked for a preliminary injunction the court will
[09:01.520 --> 09:07.040]  almost never grant you a preliminary injunction
[09:07.040 --> 09:15.880]  however it's also been my experience that once you take a legal action against
[09:15.880 --> 09:26.040]  the bank the bank will not foreclose because the risk is too high right
[09:26.040 --> 09:32.920]  there's even though they've got the but the courts pretty well bought and paid
[09:32.920 --> 09:44.040]  for the problem with corrupt judges you just can't trust them to stay bought so
[09:44.040 --> 09:49.480]  if they evict and then for some reason they lose the case they will
[09:49.480 --> 10:00.200]  dramatically increase their level of loss so they tend not to pursue so just
[10:00.200 --> 10:05.840]  for your brother's sake so he doesn't get don't sweat it too big and we have
[10:05.840 --> 10:11.760]  helped people one of the first people I ever worked with to try to help with
[10:11.760 --> 10:17.840]  Steve's kid more years years ago and he came to me and he said he had an
[10:17.840 --> 10:24.960]  eviction hearing in two days he needed a lawsuit I told him I'm not ready I'm
[10:24.960 --> 10:33.240]  still doing my research this was back in early or late 07 and he said he didn't
[10:33.240 --> 10:38.000]  have time for my research had an action of a hearing in two days so I went on
[10:38.000 --> 10:41.680]  the internet and I pulled down a bunch of stuff and stuck it together in a
[10:41.680 --> 10:46.440]  document he filed it that stopped it seven years later he was still fighting
[10:46.440 --> 10:55.040]  them and he made a blunder and somewhere a technical blunder that gave him a
[10:55.040 --> 11:01.160]  shot at him so just so your brother knows they're just you just get warmed up on
[11:01.160 --> 11:07.600]  them and don't be too concerned about the preliminary injunction because you
[11:07.600 --> 11:14.960]  can't expect these courts especially in California to rule against you out of
[11:14.960 --> 11:23.760]  hand at every turn it is a problem but not as near near as bigger problem as
[11:23.760 --> 11:33.680]  it seems on the surface reason being everything in court takes a long time
[11:33.680 --> 11:44.080]  I would suggest in this case that you create a brief with facts and law these
[11:44.080 --> 11:48.840]  are the facts in the case this is the law that should apply to those facts
[11:48.840 --> 11:55.680]  filed that asked the court to for a reconsideration and to either provide you
[11:55.680 --> 12:00.400]  with a findings effect and conclusions at law or except yours file that with them
[12:00.400 --> 12:09.720]  and the judge will deny the reconsideration and then you petition the
[12:09.720 --> 12:15.720]  court of appeals for a preliminary injunction ordering the court to provide
[12:15.720 --> 12:20.520]  you with findings effecting conclusions at law that stops everything again and
[12:20.520 --> 12:27.280]  now take two or three four months and then most likely the court will refuse
[12:27.280 --> 12:36.360]  to pick up your mandamus oh well if we go back to the next step the one thing
[12:36.360 --> 12:44.000]  that why you will absolutely lose the foreclosure action in the end that's
[12:44.000 --> 12:50.920]  of course a corrupt the bottom paid for okay maybe they're not bought and paid
[12:50.920 --> 13:01.320]  for but it behooves you to conduct yourself as if they are and it has been
[13:01.320 --> 13:06.800]  my experience especially with California that the courts will most certainly
[13:06.800 --> 13:11.480]  rule against you out of hand at every turn and even if they don't you should
[13:11.480 --> 13:21.480]  expect that they will your only purpose in the trial court is to set the record
[13:21.480 --> 13:28.800]  for appeal that's from Dearest Poot did from Dearest dictionary from Dr. Graves
[13:28.800 --> 13:34.080]  so you're just there setting the record you don't care what the judge does it
[13:34.080 --> 13:39.320]  would be nice if the judge was not a criminal it would actually rule
[13:39.320 --> 13:44.880]  according to law but they're not going to I wouldn't expect it so you're just
[13:44.880 --> 13:51.480]  setting a record thinking in terms of setting setting the record it won't won't
[13:51.480 --> 13:57.320]  be quite so much pressure on you and I'm sure your brothers concerned about
[13:57.320 --> 14:02.400]  losing his property but been my experience in California five to seven
[14:02.400 --> 14:08.960]  years before you get the first case to the supreme and get it denied by the
[14:08.960 --> 14:16.680]  supreme the state supreme first case and you have a number of claims well
[14:16.680 --> 14:20.840]  okay with all that said that was as an overview so you don't get too concerned
[14:20.840 --> 14:29.720]  about the preliminary juncture what is the primary claim your brother has bought
[14:29.720 --> 14:37.720]  before the court well he feels that he was
[14:37.720 --> 14:51.120]  departed at the beginning and set the practices okay so he's he's suing for
[14:51.120 --> 14:59.280]  fraud and deceptive practices that's how I understand it yeah and as a result
[14:59.280 --> 15:09.000]  do you have the original petition the original petition I don't know what that
[15:09.000 --> 15:17.240]  the suit the suit that he filed yes the complaint what are the listed causes of
[15:17.240 --> 15:31.240]  action in the complaint I could read them to you but they should have titles on them yeah
[15:34.600 --> 15:43.480]  this is the part that matters what the causes of actions are and what elements
[15:43.480 --> 15:54.320]  factual elements are stated in support of the causes of action okay I'm not
[15:54.320 --> 16:02.040]  prepared no that's okay and I understand that and what I'm doing here is this
[16:02.040 --> 16:09.480]  programs about teaching and I'm giving you the basics on which we will build
[16:09.480 --> 16:13.640]  everything else and what we're doing here will begin to make sense a lot of
[16:13.640 --> 16:18.720]  times we go after something that at the end of the day it's an important or
[16:18.720 --> 16:24.320]  relevant so I'm building the structure we're about to go break I'll pick up
[16:24.320 --> 16:29.520]  pick up on this on the other side and once I get this structure built then we
[16:29.520 --> 16:35.280]  can ask intelligent questions and kind of figure out where we're going this is
[16:35.280 --> 16:42.760]  Randy Kelton rule of law radio our call is number 512 646 1984 we'll be taking
[16:42.760 --> 16:48.720]  your calls all night so if you have a question or comment give us a call we'll
[16:48.720 --> 16:51.360]  be right back
[17:00.560 --> 17:04.840]  rule of law radio is proud to offer the rule of law traffic similar in today's
[17:04.840 --> 17:08.160]  America we live in a mess against them society if we the people are ever going
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[17:28.000 --> 17:30.800]  put together the most comprehensive teaching tool available that will help
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[19:02.040 --> 19:25.520]  you are listening to the logo radio network logo radio network dot com
[19:25.520 --> 19:33.960]  okay we are back Randy Carlton rule of law radio on this the 18th day of
[19:33.960 --> 19:41.600]  January 2018 and we're talking to Stefan in California okay in any legal
[19:41.600 --> 19:49.240]  action in a criminal case the cause of action will be will necessarily be the
[19:49.240 --> 19:55.680]  violation of a criminal statute in a civil action the cause of action will
[19:55.680 --> 20:03.840]  either be a tort or a named cause of action in civil law you can't just go
[20:03.840 --> 20:08.200]  in say this is dirty rotten to count all you did this that he did the other you
[20:08.200 --> 20:16.080]  need to count your complaint in the verbiage of a named cause of action and
[20:16.080 --> 20:23.800]  each of these named causes of action will have a specific set of elements when
[20:23.800 --> 20:29.920]  you write answers or pleadings or arguments the only thing that matters
[20:29.920 --> 20:36.720]  to the court are these the necessary or essential elements of the cause of
[20:36.720 --> 20:45.680]  action that's what they're going to rule on it is the duty of the court to
[20:45.680 --> 20:51.640]  determine the facts in accordance with the rules of evidence then apply the law
[20:51.640 --> 20:58.560]  as it comes to the court to the facts in the case so you can give the judge a
[20:58.560 --> 21:04.040]  great argument you can even convince the judge that you're right and you have a
[21:04.040 --> 21:12.080]  right to justice but if you haven't given the court facts and law on which to
[21:12.080 --> 21:19.680]  base that judgment the judge has no power to rule in your favor that makes
[21:19.680 --> 21:29.600]  sense even yes I got the complaint here and it's he
[21:29.600 --> 21:37.680]  verify complaint or negligence fraud to satisfy trustee sale to avoid to void
[21:37.680 --> 21:45.760]  or cancel trustee deed upon sale to void or cancel assignment of deed of
[21:45.760 --> 21:54.360]  trust wrongful foreclosure breach of contract breach of the implied
[21:54.360 --> 22:04.240]  conveys of the space and her dealing quiet title declaration newly lack of
[22:04.240 --> 22:14.480]  standing it's it's anything that's other okay I'm a little bit concerned
[22:14.480 --> 22:24.120]  because most of these especially the fraud claims are very hard to prove and
[22:24.120 --> 22:35.320]  it's been my practice to not claim everything I can in a single action
[22:36.040 --> 22:46.960]  however it's already filed so the court must rule on all of these issues and you
[22:46.960 --> 22:51.960]  have a right to findings in fact in conclusions at law on each one of them
[22:51.960 --> 23:01.400]  so if you had a paralegal create these documents for you is the paralegal a
[23:01.400 --> 23:09.520]  get pro say legal researcher or is this a like a licensed paralegal
[23:09.520 --> 23:18.040]  licensed paralegal she doesn't give any advice as to you know
[23:18.040 --> 23:27.520]  initial advice but he just prepares the documents that may be difficult for your
[23:27.520 --> 23:35.240]  brother to fight this on his own unless he does a lot of research it sounds like
[23:35.240 --> 23:43.800]  you're not too impressed with your doc yeah I'm just kind of you know in the
[23:43.800 --> 23:53.680]  backseat watching it happening yeah okay there is a problem here because if he
[23:53.680 --> 23:59.680]  hires a lawyer if he will be most likely in a worse position than if he hires
[23:59.680 --> 24:05.920]  or a paralegal so paralegal is not so worried about getting our bar card
[24:05.920 --> 24:14.160]  jerked because she don't have one but but that said there are things a
[24:14.160 --> 24:26.280]  paralegal can't do so not knowing what the underlying facts are and would have
[24:26.280 --> 24:32.080]  to study this document to figure out how she gets to each of these claims and
[24:32.080 --> 24:40.360]  causes of action little more than we can go get into on this program at this
[24:40.360 --> 24:46.000]  time and it kind of frustrates me because I'm in the process of building
[24:46.000 --> 24:54.240]  this electronic lawyer project and I do know a lot about foreclosure that's
[24:54.240 --> 25:02.080]  helped a lot of people with foreclosure issues and I am in the process of
[25:02.080 --> 25:08.920]  developing a set of questionnaires that will extract all of the information
[25:08.920 --> 25:18.560]  needed to address whatever issues are implicated by the facts in your case
[25:18.560 --> 25:25.040]  problem is don't have it ready yet but then again you're just starting in the
[25:25.040 --> 25:34.920]  case so at this point my primary point is don't be too concerned you can if your
[25:34.920 --> 25:43.640]  brother comes up to speed or at least somewhat then he can what's going to
[25:43.640 --> 25:50.720]  happen is you're going to get a motion to dismiss and most likely the court's
[25:50.720 --> 25:57.440]  going to grant the motion to dismiss in and when they grant their motion to
[25:57.440 --> 26:02.760]  dismiss unless they dismiss with prejudice if they dismissed prejudice
[26:02.760 --> 26:09.480]  then you appeal immediately if they don't dismiss with prejudice then that
[26:09.480 --> 26:16.760]  opens the door to file an amended pleading anything that is not in the
[26:16.760 --> 26:23.840]  amended pleading is not before the court so if you amend the pleading and go
[26:23.840 --> 26:29.960]  after a more focused and directed issue then all of these other issues are
[26:29.960 --> 26:35.520]  taken off the table and the way you want to want to do that you look at all the
[26:35.520 --> 26:44.720]  issues you are claiming and you only want to address issues that rise that arise
[26:44.720 --> 26:52.960]  out of a given set of facts and you want that given set of facts to be as
[26:52.960 --> 27:01.800]  focused as you can reason being you go after one issue you can keep in court
[27:01.800 --> 27:11.240]  for five years and if you keep your issues nicely separated for instance you
[27:11.240 --> 27:17.400]  go after them for fraud that's different than going after them for lack of
[27:17.400 --> 27:27.600]  standing if you take all of the causes of action that go to fraud and take when
[27:27.600 --> 27:35.880]  you file an amended and you take those out first thing you always want to go
[27:35.880 --> 27:44.480]  for is standing standing goes to subject matter jurisdiction you want to
[27:44.480 --> 27:54.720]  say that the court the foreclosing party lacks standing to exercise a non
[27:54.720 --> 28:03.840]  judicial foreclosure take them five years to get through that but it's a very
[28:03.840 --> 28:08.160]  focused issue now you can come back and when the court rules against you on that
[28:08.160 --> 28:14.800]  one then you can come back and file again okay you can give me court a long
[28:14.800 --> 28:26.320]  time you won't win in the trial court there's another way to win if the
[28:26.320 --> 28:33.400]  lawyers see that you're setting them up to keep them in court a long time then
[28:33.400 --> 28:40.080]  have your brother make sure that he puts funds in a bank account that's at least
[28:40.080 --> 28:52.120]  half of what he would pay per month for mortgage a rent do that religiously you
[28:52.120 --> 28:57.600]  hold them in court for five seven years on the first ground and when you go
[28:57.600 --> 29:02.480]  after them the second time on the second round then you hold them another three
[29:02.480 --> 29:09.120]  to five years and in that time you build up a fund so that you can then go to the
[29:09.120 --> 29:15.440]  court move the court for mediation for directed mediation bring them to the
[29:15.440 --> 29:20.720]  table and play let's make that deal and you could take the money you would have
[29:20.720 --> 29:26.000]  been paying to them if you just pay the mortgage and use it against them so
[29:26.000 --> 29:30.320]  you're living in the property for free you're taking the money that would
[29:30.320 --> 29:37.640]  normally pay for your rent or your mortgage put it in an account you hold
[29:37.640 --> 29:42.600]  them off while you big up build up a war chest and go to them and make a deal it
[29:42.600 --> 29:50.920]  costs them a tremendous amount of money to fight you this will give you a the
[29:50.920 --> 29:56.600]  most likely leverage that will get you a remedy Randy Kelton real-life radio we'll
[29:56.600 --> 29:59.200]  be right back
[29:59.200 --> 30:08.160]  GPS is supposed to help drivers get from point A to point B but in Australia it
[30:08.160 --> 30:11.800]  led a trio of Japanese tourists on a voyage into the sea
[30:11.800 --> 30:16.600]  I'm Dr. Cameron Albrecht back to tell you about a navigational disaster next
[30:16.600 --> 30:21.920]  privacy is under attack when you give up data about yourself you'll never get it
[30:21.920 --> 30:26.400]  back again and once your privacy is gone you'll find your freedoms will start
[30:26.400 --> 30:31.360]  to vanish too so protect your rights say no to surveillance and keep your
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[30:48.240 --> 30:52.720]  driving a snap guiding motorists with the aid of satellites but in Australia it
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[30:57.080 --> 31:01.440]  Pacific Ocean on their way to North Stradbroke Island the GPS told them to
[31:01.440 --> 31:05.920]  cross Moorten Bay at low tide the coast looked clear but then the road turned to
[31:05.920 --> 31:11.960]  mud keep going the GPS said and the water began rising keep going the GPS said
[31:11.960 --> 31:16.440]  within minutes their car was stuck in the rising waters of the South Pacific and
[31:16.440 --> 31:20.840]  the students were sloshing back to shore the moral here when in doubt let your
[31:20.840 --> 31:25.480]  common sense not your GPS be your guide. I'm Dr. Cameron Albrecht for
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[31:47.680 --> 31:51.760]  1,200 architects and engineers has looked into the evidence and believed
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[32:37.680 --> 32:41.560]  improvements.com mention the crypto show and get a hundred dollars off and we'll
[32:41.560 --> 32:45.240]  donate another hundred dollars to the Logos Radio Network to help continue this
[32:45.240 --> 32:49.840]  programming so if those out-of-town roofers come knocking your door should be
[32:49.840 --> 32:56.880]  locked in that's 512-992-8745 or Hill Country Home Improvements.com
[32:56.880 --> 33:00.440]  discounts are based on full roof replacement may not actually be kidding
[33:00.440 --> 33:12.280]  about chemtrails you're listening to the Logos Radio Network and Logos Radio Network.com
[33:30.440 --> 33:46.440]  okay we are back Randy Kelton Rula Radio on this the 18th day of January 2019 and
[33:46.440 --> 33:53.000]  we're talking to Stefan in California okay Stefan I was kind of doing some
[33:53.000 --> 33:57.680]  general work to orient everyone else as well as you because we don't talk about
[33:57.680 --> 34:07.680]  foreclosure a lot so now what specific questions do you have at this point
[34:07.680 --> 34:16.040]  well because of the preliminary injunction not granted he feels that the
[34:16.040 --> 34:25.080]  best thing to do is bring the foreclosure bring the loan current and then
[34:25.080 --> 34:32.680]  continue the lawsuit can he bring the loan current he could actually buy the
[34:32.680 --> 34:45.440]  house okay that changes everything but what I would suggest the fact that they
[34:45.440 --> 34:49.880]  denied the preliminary injunction is not really a big deal like I said the first
[34:49.880 --> 34:55.040]  one that we worked with they already foreclosed on the property there are
[34:55.040 --> 35:02.200]  already had an eviction hearing and they were asking I'm sorry they're already
[35:02.200 --> 35:07.640]  foreclosed on the property and they were asking for an eviction hearing and we
[35:07.640 --> 35:16.000]  still hold them off for seven years so this is very early in the process he
[35:16.000 --> 35:25.480]  might have they answered the suit yet yes the demur and it's like 128 pages long
[35:25.480 --> 35:38.680]  but I but we're thinking if we can do a frenzy got it and ask for a total
[35:38.680 --> 35:47.720]  history of the you know that total accounting and because it does have
[35:47.720 --> 35:57.560]  merged in it a clear title okay okay I like this strategy the fact that he can
[35:57.560 --> 36:03.960]  clear the mortgage is good now the if he can pay off the mortgage or just
[36:03.960 --> 36:10.400]  refinance the property the question before you is how much is it going to
[36:10.400 --> 36:19.960]  cost you to do that so best thing well in my opinion you could do is ask the
[36:19.960 --> 36:31.440]  court to order mediation bring them to the table and say okay you know and we
[36:31.440 --> 36:38.560]  know we can keep you in court on this issue for at least five years easy most
[36:38.560 --> 36:44.960]  likely seven before the US Supreme denies our search and when they do that we
[36:44.960 --> 36:50.920]  will you know you tell them that we will we will follow an amended complaint to
[36:50.920 --> 36:56.880]  submit to to drop all of the fraud charges and we'll go after you for a
[36:56.880 --> 37:03.080]  directed singular issue will keep you in court five seven years on that and when
[37:03.080 --> 37:09.880]  the Supreme the California Supreme refuses to accept our cert then we'll
[37:09.880 --> 37:15.280]  come back and file another action most likely a declaratory judgment action over
[37:15.280 --> 37:21.240]  another issue we can probably find some pretty good issues in your failures to
[37:21.240 --> 37:26.560]  properly file all the assignments and we'll keep you in another five to seven
[37:26.560 --> 37:34.080]  years or let's come to the tight table to make a deal tell me exactly what I owe
[37:34.080 --> 37:41.760]  you provide me with a bona fide accounting of all of my payments and so
[37:41.760 --> 37:46.480]  that you you can I can look at the numbers and determine exactly what is
[37:46.480 --> 37:55.560]  owed and I'll pay you they can't do that and here's the reason they can't do
[37:55.560 --> 38:00.400]  that and I don't know why this is a problem for them when they change
[38:00.400 --> 38:07.080]  servicers especially if you have a variable interest note they sold that
[38:07.080 --> 38:11.200]  thing immediately and under the real estate settlement procedures act post
[38:11.200 --> 38:17.080]  that they're required to give you notice within 30 days that a the holder of the
[38:17.080 --> 38:25.600]  of the principal interest of the mortgage has changed every change must be filed
[38:25.600 --> 38:33.000]  in the record I think it's 2114 in California that essentially says that
[38:33.000 --> 38:37.360]  any claim against real property not properly acknowledged or proven filed
[38:37.360 --> 38:43.520]  in the records voids to the holder at the end of the day you don't care who
[38:43.520 --> 38:54.080]  who holds what you care who's listed in the public record and has every change
[38:54.080 --> 39:01.920]  of principal interest in the in the beneficial interest of the mortgage been
[39:01.920 --> 39:07.280]  filed in the public record if it hasn't do you have a break-in chain
[39:07.280 --> 39:14.520]  and title something you keep them in court five to seven years with and when
[39:14.520 --> 39:22.600]  they do make a change the original servicer you would think would give all
[39:22.600 --> 39:31.920]  of the accounting records to the new servicer but they never do I don't know
[39:31.920 --> 39:36.200]  what they do with it they must flush it down the toilet or something because the
[39:36.200 --> 39:41.640]  current server sir will only have records for that period of time for
[39:41.640 --> 39:49.120]  which they have been the servicer so they can't justify how much they owe you
[39:49.120 --> 39:54.280]  I'm sorry how much you owe them because they don't have any complete
[39:54.280 --> 40:01.040]  information yes they make up a bunch of garbage and ask the court to accept it
[40:01.040 --> 40:08.040]  well instead of getting all caught up in the fraud and this no negligence and
[40:08.040 --> 40:15.000]  all this other stuff hey just give me a number guys prove it up prove it what
[40:15.000 --> 40:19.160]  I owe you I got the money I'll pay you off
[40:20.120 --> 40:27.920]  now look in the California uniform commercial code payment offered and
[40:27.920 --> 40:34.360]  payment denied is payment made so now you get them on the dime prove up what
[40:34.360 --> 40:43.800]  I owe you and I'll write you a check or make me a deal I can't pass up which you
[40:43.800 --> 40:48.560]  may be able to get them to which we had someone do in San Francisco I'm sorry in
[40:48.560 --> 40:57.000]  Sacramento they his original mortgages 350,000 they said he owed 500 and
[40:57.000 --> 41:04.360]  something thousand because he hadn't paid after the crash in 07 and with all the
[41:04.360 --> 41:08.640]  penalties and all the junk they put on it and he filed his action kicked him
[41:08.640 --> 41:19.560]  around for a year or two and then filed a request for mandated mediation and the
[41:19.560 --> 41:25.160]  bank came to him with a deal and tell you what we'll do we'll reduce your
[41:25.160 --> 41:29.960]  mortgage to a hundred and twenty one hundred and fifty thousand we will wipe
[41:29.960 --> 41:37.600]  out all the penalties start all over again at instead of 6.5 to 2.5 percent
[41:37.600 --> 41:44.720]  interest I said how long did it take you to sign I nearly sprained my wrist
[41:44.720 --> 41:51.120]  signing it the bank came to him with an offer better than he would have asked
[41:51.120 --> 42:00.640]  for because they looked at years of litigation I'm not talking about law
[42:00.640 --> 42:11.120]  here I'm talking about poker if he can pay the debt that he's in a good spot to
[42:11.120 --> 42:21.480]  twist their arm and make a deal that he can dramatically benefit from to make
[42:21.480 --> 42:27.720]  sense oh definitely but my thinking is how do you because I'm totally ignorant
[42:27.720 --> 42:34.880]  of the process how do I position myself to not you know to follow through with
[42:34.880 --> 42:39.760]  it I mean right now it seems like it's just they can do whatever they want they
[42:39.760 --> 42:47.280]  yeah it does here's a problem when they answered the suit it probably cost the
[42:47.280 --> 42:55.120]  bank between a hundred hundred fifty thousand if I had Leslie from Arizona on
[42:55.120 --> 43:03.800]  she could tell you almost exactly what that original answer costs the bank it's
[43:03.800 --> 43:13.160]  a lot of money almost everything they file cost between $50 and $80,000 these
[43:13.160 --> 43:22.080]  lawyers sting them good so they're gonna lose a lot of money when loser draw
[43:22.080 --> 43:26.120]  they're gonna lose a lot of money on litigation they do not want to lose
[43:26.120 --> 43:31.440]  litigation they do not want any rulings against them the rulings against them
[43:31.440 --> 43:37.160]  create precedent and then it affects all of their education so they will fight
[43:37.160 --> 43:43.520]  you like a tiger no matter what it costs so let them know you know that and we'll
[43:43.520 --> 43:47.080]  just push and drive your costs up we know we're losing the end but we don't
[43:47.080 --> 43:51.800]  care we're making a lot of money here I mean what would his mortgage payment be
[43:51.800 --> 43:56.520]  that's how much he's making a month just by holding them off let them know you
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[44:56.160 --> 45:03.640]  dot com or call 512-646-6440 are you the plaintiff or defendant in a lawsuit
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[45:51.200 --> 45:56.680]  much more please visit rule of law radio dot com and click on the banner or
[45:56.680 --> 46:22.360]  call toll-free 866 law okay we are back Randy Kelton rule of law radio and we're
[46:22.360 --> 46:31.680]  talking to stuff in California okay what do you think stuff okay the next
[46:31.680 --> 46:41.680]  hearing is called a demur hearing and is that when we filed a motion for
[46:41.680 --> 46:48.680]  discovery I mean it seems like I don't know the process at all and oh okay
[46:48.680 --> 46:58.240]  they generally you can file a motion for discovery at any time but you have to
[46:58.240 --> 47:08.840]  get past the demur hearing in order to get to discovery so did you file a
[47:08.840 --> 47:19.320]  response to their answer demur yes okay then you can file discover any time but
[47:19.320 --> 47:24.720]  the other side will ignore the discovery until such time as there's been a
[47:24.720 --> 47:33.120]  hearing on the the on their demur most likely the judge will grant their
[47:33.120 --> 47:40.400]  demur that's what they always do and then you appeal the you know you've you
[47:40.400 --> 47:44.160]  filed a motion for reconsideration and when they deny the motion for
[47:44.160 --> 47:54.440]  reconsideration then you file an amended pleading or you can do that now
[47:54.440 --> 48:00.960]  but I wouldn't because it just this is about taking time well how do we go
[48:00.960 --> 48:08.760]  to the table to say you know we'll make you enough pay off the loan just tell us
[48:08.760 --> 48:15.880]  how much and you file a motion asking the court you're notifying the court
[48:15.880 --> 48:24.560]  that you have funds to cure the debt and ask the court to order the plaintiff to
[48:24.560 --> 48:32.360]  oh wait a minute hold on let me step back one they'd have you filed a request for
[48:32.360 --> 48:45.040]  a coming ways that lost the term now you've got to ask them the second
[48:45.040 --> 48:49.480]  there's a special letter you got to send them to ask them to prove up their
[48:49.480 --> 48:54.240]  position just just send them a letter under the real estate seven procedures
[48:54.240 --> 49:04.720]  act asking them for quality to send yeah just let me think you're already in
[49:04.720 --> 49:14.480]  court so file a motion asking the court to direct the defendant to give qualified
[49:14.480 --> 49:18.840]  written request is what I was looking for under the real estate seven procedures
[49:18.840 --> 49:23.400]  act any time a there's a new servicer and there'll always be a new servicer
[49:23.400 --> 49:32.160]  before there's a lawsuit they they get a servicer that specializes in foreclosure
[49:32.160 --> 49:40.200]  you have 30 days in which you request a qualified written request send them one
[49:40.200 --> 49:45.240]  anyway even if it's out of time and if they object to it as being out of time
[49:45.240 --> 49:50.160]  then you file a qualified written request as a motion in the court you can
[49:50.160 --> 49:59.000]  send me a email asking for a copy of my qualified written request I've had some
[49:59.000 --> 50:04.520]  trouble with the dropbox so I have a little problems some problems finding
[50:04.520 --> 50:09.240]  some of my older documentation but I'll look that up you file a qualified written
[50:09.240 --> 50:15.560]  request and that asks them to prove up all of the claims they have against you
[50:15.560 --> 50:25.480]  and when they're unable to prove up the amount owed then you can move the court
[50:25.480 --> 50:34.200]  to order them to prove up the amount owed and when they don't do that when
[50:34.200 --> 50:39.080]  they don't correctly respond to the court then you ask the court to make a
[50:39.080 --> 50:45.360]  determination of the amount owed and you're off from that
[50:48.600 --> 50:55.520]  and since they won't be able to prove up you you just run numbers on what you've
[50:55.520 --> 51:03.640]  actually paid what you have records that you've paid and deduct that amount from
[51:03.640 --> 51:14.200]  the principal and then offer the court that offer that as a to cure and ask the
[51:14.200 --> 51:20.520]  court to order at it the other side to accept that one advantage you have is
[51:20.520 --> 51:28.400]  the courts are very very busy you do anything that gives the appearance of
[51:28.400 --> 51:35.480]  clearing their document I'm sorry clearing their stock it they're going to be
[51:35.480 --> 51:41.240]  on your side you know we say we'll knit you'll never win that your case simply
[51:41.240 --> 51:46.960]  because you have the law and the facts on your side you'll only win your case
[51:46.960 --> 51:52.200]  if you have the politics on your side so yeah the courts pretty well have been
[51:52.200 --> 52:01.640]  bought and paid for however they're also very busy and they have political
[52:01.640 --> 52:09.600]  reasons for granting certain things and clearing their dockets one of them so if
[52:09.600 --> 52:13.360]  you go after the other side and try to force them to give you a payoff figure
[52:13.360 --> 52:17.600]  then the court's pretty well going to be on your side
[52:17.600 --> 52:26.000]  get a payoff amount is that a motion to the court to do anything first thing you
[52:26.000 --> 52:30.960]  do is send the other side a letter and ask them for a payoff amount okay and
[52:30.960 --> 52:36.040]  then when you get one that doesn't have that's what a qualified written
[52:36.040 --> 52:41.600]  request is right and what that's addressed in a real estate selling
[52:41.600 --> 52:48.880]  pages act and mine is especially obnoxious because it asks for everything
[52:48.880 --> 52:55.280]  when they don't respond to it then you file it as in the form of discovery and
[52:55.280 --> 53:01.160]  ask the court to order discovered when they refuse to produce it and you ask
[53:01.160 --> 53:09.960]  for it as a way to indicate you notice the court that you you're prepared to
[53:09.960 --> 53:15.720]  pay off the mortgage but you don't have a bona fide amount to pay you just got
[53:15.720 --> 53:19.760]  some number they pulled out of the thin air and you ask the court to order them
[53:19.760 --> 53:26.120]  to prove up what's owed and you'll pay it now you move to a position where the
[53:26.120 --> 53:33.440]  court will tend to be on your side right we have to be yeah so that's that
[53:33.440 --> 53:40.360]  would be my strategy here for you if he can pay it off that he's in a real good position it
[53:40.360 --> 53:46.880]  would ruin his you know teacher but he can sell a house then yeah really not
[53:46.880 --> 53:52.280]  just transferring money from one bucket to another so it's really not doing
[53:52.280 --> 53:56.120]  anything it's okay if you're if your brother bought this house quite a while
[53:56.120 --> 54:06.040]  ago that house is increased in value dramatically I hope someone kept him in
[54:06.040 --> 54:12.880]  court for about six and a half years when they bought property was 350,000 they
[54:12.880 --> 54:20.320]  lived in it five years after he stopped paying the mortgage when the supreme
[54:20.320 --> 54:31.480]  denied his cert the bank claimed he owed some 560,000 and he just sold property
[54:31.480 --> 54:38.720]  for 890 paid off the bank went to went to Phoenix and bought a nicer house for
[54:38.720 --> 54:46.920]  less money he's strategy if he's been in a house a long time it's worth much more
[54:46.920 --> 54:55.240]  than it was when he bought it so and when he did that the bank agreed to it and
[54:55.240 --> 54:59.400]  he asked him won't why don't you negotiate with banking probably get a lower
[54:59.400 --> 55:05.160]  amount he's so terrified in it that was the only reason he didn't squeeze the
[55:05.160 --> 55:13.240]  bank I had suggested that he file a second suit put him in court again and
[55:13.240 --> 55:18.280]  then go to him say let's make a deal but he just been fighting it too long and
[55:18.280 --> 55:21.920]  he was tired of it he came out ahead so he walked so your brother in a good
[55:21.920 --> 55:30.160]  position to come out ahead so push him push him in the corner get him to come
[55:30.160 --> 55:34.880]  to the table at worst you wound up where you're at right now you've got
[55:34.880 --> 55:41.720]  nothing to lose file that letter and then would how do you get the court to it
[55:41.720 --> 55:47.000]  you know what's the second thing you did you file the qualified written
[55:47.000 --> 55:50.960]  request when they failed to respond to it within 30 days you file a motion with
[55:50.960 --> 55:59.800]  the court ordering asking the court to order the defendant to provide you with
[55:59.800 --> 56:09.640]  a bona fide payoff amount that you're making an offer to cure and ask the
[56:09.640 --> 56:17.680]  court for a cure amount or as a court to order them to provide a cure amount and
[56:17.680 --> 56:23.680]  then the only argument is is the validity of the cure amount name and then
[56:23.680 --> 56:31.320]  you put them in a position where they have to prove it up right so all this
[56:31.320 --> 56:40.800]  complaint verified complaint is really just discard it move forward in a new
[56:40.800 --> 56:50.880]  direction exactly that complaint is just to hold them in court for a while okay so
[56:50.880 --> 56:58.560]  the first step is to write that letter and then the next step is to get the
[56:58.560 --> 57:05.720]  court file something with the court that says to get them to do it when they
[57:05.720 --> 57:10.120]  don't respond to the letter then you file an action with the court or if they
[57:10.120 --> 57:16.840]  give you an answer that's non responsive right they give you some BS
[57:16.840 --> 57:22.120]  response what they generally do then you ask the court to order them to provide
[57:22.120 --> 57:31.960]  a bona fide cure amount because you're making an offer to cure right but you
[57:31.960 --> 57:39.240]  don't know what to cure so you ask them to give you a bona fide cure amount right
[57:39.240 --> 57:43.960]  and at any time he can sell the property and just pay off what they claim they owe
[57:43.960 --> 57:50.680]  that he owes and then he can sue them for what he considers to be the difference
[57:50.680 --> 57:57.080]  right and in that case he can sue them directly for fraud for claiming funds
[57:57.080 --> 58:05.800]  they don't owe right and then he can go after that amount in triplicate then
[58:05.800 --> 58:09.760]  bring them to the table if he sells the property pays them off and then sues
[58:09.760 --> 58:15.720]  them they're only their calculation is not how much can they win but their
[58:15.720 --> 58:21.520]  calculation is how much are we going to lose because they're going to lose
[58:21.520 --> 58:26.760]  they're not going to have a counter claim so it's all about the money and
[58:26.760 --> 58:31.120]  they're going to calculate their loss and then you come to the table make a
[58:31.120 --> 58:38.640]  deal with them forget the law this is about poker at the end of the day the
[58:38.640 --> 58:44.440]  law doesn't count it's always about the money Randy Kelton real law radio when
[58:44.440 --> 58:50.480]  we come back we're going to go to eric in georgia we'll be right back would you
[58:50.480 --> 58:53.920]  like to make more definite progress in your walk with God
[58:53.920 --> 58:59.240]  Bibles for America is offering a free study Bible and a set of free Christian
[58:59.240 --> 59:03.000]  books that can really help the New Testament recovery version is one of
[59:03.000 --> 59:06.880]  the most comprehensive study Bibles available today it's an accurate
[59:06.880 --> 59:10.760]  translation and it contains thousands of footnotes that will help you to know
[59:10.760 --> 59:15.440]  God and to know the meaning of life the free books are a three-volume set
[59:15.440 --> 59:20.360]  called basic elements of the Christian life chapter by chapter basic elements
[59:20.360 --> 59:25.240]  of the Christian life clearly presents God's plan of salvation growing in Christ
[59:25.240 --> 59:30.360]  and how to build up the church to order your free New Testament recovery version
[59:30.360 --> 59:36.480]  and basic elements of the Christian life call Bibles for America toll-free at
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[59:50.120 --> 59:56.800]  live free speech radio logos radio network.com
[59:56.800 --> 01:00:06.640]  the following use flash is brought to you by the long start of lowdowns markets
[01:00:06.640 --> 01:00:11.640]  for Wednesday the 16th of January 2019 open with precious metals gold at 1294
[01:00:11.640 --> 01:00:16.720]  dollars and 63 cents an ounce silver $15.60 an ounce copper $2.66 an ounce
[01:00:16.720 --> 01:00:22.920]  oil Texas crude $52.11 a barrel Brent crude $60.64 a barrel and cryptos in
[01:00:22.920 --> 01:00:30.720]  order of market cap Bitcoin $3649.76 ripple XRP 32 cents ethereum $122.95
[01:00:30.720 --> 01:00:40.080]  cents and Bitcoin cash at $129.54 a crypto coin history the year 1377
[01:00:40.080 --> 01:00:44.800]  Pope Gregory the 11th moves the papacy back to Rome from Avignon France where
[01:00:44.800 --> 01:00:49.960]  it had been since 1309 the relocation of the Pontifix Maximus back to Rome from
[01:00:49.960 --> 01:00:57.480]  Avignon today in history in recent news for the fiscal year of 2017 in Texas
[01:00:57.480 --> 01:01:01.440]  nearly 18,000 state employees working for cities towns and counties made at
[01:01:01.440 --> 01:01:06.440]  least $100,000 in their yearly salary costing taxpayers 2.1 billion with
[01:01:06.440 --> 01:01:10.920]  almost 2,000 of them making more than 150,000 out earning even the governor's
[01:01:10.920 --> 01:01:14.840]  pay grade in Denton County in the city of Renault with the population of only
[01:01:14.840 --> 01:01:18.800]  8,000 city manager Scott Campbell made over a quarter of a million dollars
[01:01:18.800 --> 01:01:23.880]  Dallas County the city manager Opal Maldon Jones of Lancaster population of
[01:01:23.880 --> 01:01:28.080]  39,000 made over half a million coming in second place on the top 10 most
[01:01:28.080 --> 01:01:32.520]  compensated city managers in Texas the number one spot went to Jesus Olivares
[01:01:32.520 --> 01:01:38.120]  of Laredo population 261,000 when he retired in 2017 he was paid out over
[01:01:38.120 --> 01:01:43.520]  $651,000 in cash when he originally started off at roughly only 160,000
[01:01:43.520 --> 01:01:48.000]  in 2014 however it wasn't only city managers ranking in the dough assistant
[01:01:48.000 --> 01:01:51.920]  city managers of which cities have more than one have also been compensated
[01:01:51.920 --> 01:01:56.160]  quite well all of Austin's five assistant city managers are raking in well over
[01:01:56.160 --> 01:02:00.400]  200k each as well as the four assistant city managers to San Antonio if that
[01:02:00.400 --> 01:02:04.480]  wasn't enough for you even pool managers zoo public works parks and recreation
[01:02:04.480 --> 01:02:08.120]  and library directors have all benefited quite lucratively from their public
[01:02:08.120 --> 01:02:13.320]  service as well many of which are several degrees north of 150k add to this
[01:02:13.320 --> 01:02:18.240]  the 42 library and 95 park employees making at least six figures and maybe
[01:02:18.240 --> 01:02:21.840]  it's time Texans quit worrying about cutting pork in Washington and start
[01:02:21.840 --> 01:02:28.160]  focusing on frying some local bacon instead the oldest soft drink brand in
[01:02:28.160 --> 01:02:31.680]  the United States the dr. Pepper soft drink company started a change.org
[01:02:31.680 --> 01:02:35.520]  petition to become the official soft drink of Texas dr. Pepper was created
[01:02:35.520 --> 01:02:40.480]  in Waco in 1885 by a pharmacist named Charles Alderton the petition has well
[01:02:40.480 --> 01:02:47.520]  over 5,000 signatures the state's 3 to 21,000 public school teachers could be
[01:02:47.520 --> 01:02:50.960]  getting raises pretty soon with Senator Jane Nelson filing a bill to give
[01:02:50.960 --> 01:03:11.080]  teachers a $5,000 annual raise. It's all according to the will of the Almighty.
[01:03:20.960 --> 01:03:34.280]  I won't pay for the war with my body ain't gonna pay for the car with my money
[01:03:34.280 --> 01:03:44.280]  I won't pay for the fun with my body this land's wicked and their logic shoddy ain't gonna pay for the war with my body
[01:03:44.280 --> 01:03:51.280]  I won't pay for the boys with my money ain't gonna pay for the kids with my body
[01:03:51.280 --> 01:03:58.600]  okay we are back Randy Kelton real low radio and we're going to Eric and
[01:03:58.600 --> 01:04:05.120]  Georgia hello Eric hey how you doing mr. Randy doing good what do you have for
[01:04:05.120 --> 01:04:11.920]  us today well I have been got an upcoming court case on Tuesday morning it's
[01:04:11.920 --> 01:04:19.360]  gonna be my arraignment for two traffic tickets that I got send up the end of
[01:04:19.360 --> 01:04:24.720]  November so they can hold on to the tickets for a couple of about 30 days
[01:04:24.720 --> 01:04:29.880]  and the at the sheriff's office and they finally send us a plane to the court and
[01:04:29.880 --> 01:04:36.680]  they gave me arraignment day after I filed my plea after the file my plea is
[01:04:36.680 --> 01:04:42.320]  they got off of your traffic six website is not it didn't take them no time to call
[01:04:42.320 --> 01:04:49.040]  for an arraignment after I send them the stuff the relinks for Georgia so I don't
[01:04:49.040 --> 01:04:53.520]  think I didn't I think I couldn't pull up your on that side the challenge you
[01:04:53.520 --> 01:04:57.320]  said we made jurisdiction so I made one and I like to read it to you and see
[01:04:57.320 --> 01:05:02.960]  sounds okay you know I know it's not nothing but and I've got here it says
[01:05:02.960 --> 01:05:07.400]  respondent special fit their parents motion to the honorable judge of said
[01:05:07.400 --> 01:05:12.200]  court here comes now my name the respondent in this matter who asserts
[01:05:12.200 --> 01:05:18.480]  as follows assertion of rights my name asserts all his unable rights privileges
[01:05:18.480 --> 01:05:24.000]  and needs relevant to this state then I got my next one special parents my name
[01:05:24.000 --> 01:05:27.720]  asserts his special parents objecting to the court subject matter jurisdiction
[01:05:27.720 --> 01:05:32.240]  personal gender jurisdiction and venue my name contains that he was not
[01:05:32.240 --> 01:05:37.560]  operating in a commercial mix is that even good enough there's nothing to add
[01:05:37.560 --> 01:05:44.480]  more almost we don't have time do all that on the air but if you'll call me
[01:05:44.480 --> 01:05:54.640]  off the air send me a copy of all of the documents you rearrange and contact me
[01:05:54.640 --> 01:05:59.840]  off the air and I will go in and check those documents that aren't downloading
[01:05:59.840 --> 01:06:05.720]  right and see if I can get that fixed and then I'll look at restructuring I
[01:06:05.720 --> 01:06:12.120]  have a very large subject matter jurisdiction challenge and in order to
[01:06:12.120 --> 01:06:19.520]  to challenge subject matter jurisdiction the way I would do that was would not
[01:06:19.520 --> 01:06:28.320]  state that I wasn't in commerce but that the complaint is insufficient as it
[01:06:28.320 --> 01:06:37.120]  fails to allege commerce and allege that com that commerce is a necessary
[01:06:37.120 --> 01:06:44.560]  element of the offense mm-hmm okay that's that's how you'd get subject
[01:06:44.560 --> 01:06:49.120]  matter jurisdiction and claim that the complaint thereby is insufficient to
[01:06:49.120 --> 01:06:53.000]  invoke subject matter jurisdiction of the court
[01:06:53.000 --> 01:07:00.960]  all right and we need some Georgia law on subject matter jurisdiction I
[01:07:00.960 --> 01:07:04.800]  revised those points that you had that I used and sent them off to you at your
[01:07:04.800 --> 01:07:09.120]  email and it's under a master Georgia revised form so I got the motion in
[01:07:09.120 --> 01:07:14.760]  lemony and all those other ones that they did spit out and send them to you
[01:07:14.760 --> 01:07:19.480]  through your email good good I didn't use it all one I think it was a subject
[01:07:19.480 --> 01:07:27.880]  matter jurisdiction didn't spit that out to me when I put it in okay then if you
[01:07:27.880 --> 01:07:32.800]  don't hear from me in the morning send me an email in the morning so it's right
[01:07:32.800 --> 01:07:38.640]  at the top and I will respond to you thank you very much I forgot some of
[01:07:38.640 --> 01:07:43.520]  people's help you have a great one okay okay thank you Eric okay one more time
[01:07:43.520 --> 01:07:50.720]  one more time if I call it like a motion for in lemony do I have to get a
[01:07:50.720 --> 01:07:56.680]  motion hearing for that absolutely but I didn't give me I didn't give me enough
[01:07:56.680 --> 01:07:59.960]  time to get a motion hearing you don't need one they said an arraignment
[01:07:59.960 --> 01:08:06.200]  hearing first thing they got to do is hear your emotions all right well very
[01:08:06.200 --> 01:08:14.600]  much they're gonna ask you for a plea and just my standard response to the
[01:08:14.600 --> 01:08:19.160]  plea when I have subject matter jurisdiction challenge in is that you
[01:08:19.160 --> 01:08:25.880]  object you I am here at arms length to the court I have a challenge to subject
[01:08:25.880 --> 01:08:32.320]  matter jurisdiction before the court that the court must overcome before it
[01:08:32.320 --> 01:08:39.640]  can secure jurisdiction import thank you very much sir you'll have a great night
[01:08:39.640 --> 01:08:54.280]  okay okay now we're going to go to John in New York hello John hello John
[01:08:55.160 --> 01:09:01.400]  hmm looks like we lost John maybe I put him to sleep I'll try him back again
[01:09:01.400 --> 01:09:15.720]  later okay going to Laura in Arizona hello Laura hey Randy okay what do you
[01:09:15.720 --> 01:09:21.040]  have for us today actually Larry has got a question for someone to give the
[01:09:21.040 --> 01:09:44.400]  phone to him okay okay no hello okay Larry you're there
[01:09:44.400 --> 01:09:52.040]  yeah okay go I'm gonna give you a little update
[01:09:52.040 --> 01:09:58.760]  for sure we should go about the yeah they're having trouble with wait a minute
[01:09:58.760 --> 01:10:10.800]  can you move the Michael move it down by your your channel a little bit I think
[01:10:10.800 --> 01:10:14.000]  I'm getting some breaks you know I'm breaking up pretty bad there cuz I'm
[01:10:14.000 --> 01:10:24.240]  only getting every other so lovable okay how's this oh that's much better okay
[01:10:24.240 --> 01:10:29.240]  yeah so I talked to you a few weeks ago about this attorney that just broke his
[01:10:29.240 --> 01:10:36.240]  nuts at a deposition so we barged greed terror we barged greed the partners that
[01:10:36.240 --> 01:10:44.200]  started the company we filed the motion for a large amount of time with the judge
[01:10:44.200 --> 01:10:52.120]  said you know we need time to do another deposition the okay hold on back up and
[01:10:52.120 --> 01:10:56.160]  and bring us back up to speed when you were giving us a synopsis you were
[01:10:56.160 --> 01:11:01.640]  breaking up couldn't understand what you're saying oh okay
[01:11:01.640 --> 01:11:09.480]  well we we got to the point where I filed no no what's the nature of the case
[01:11:09.480 --> 01:11:17.320]  or nature of the case this was a illegal traffic stop for expired
[01:11:17.320 --> 01:11:23.120]  registration on my truck and I was arrested for not providing identification
[01:11:23.120 --> 01:11:33.000]  and this is this brings a fourth year of this now but so I was doing a deposition
[01:11:33.000 --> 01:11:38.680]  on the deputy and his attorney was just driving us crazy at the deposition with
[01:11:38.680 --> 01:11:46.880]  objecting to every question I asked so we filed against her accident and we
[01:11:46.880 --> 01:11:55.040]  barged greed terror we barged greed the partners the judge but mandated that the
[01:11:55.040 --> 01:12:00.280]  attorney explain herself and that's what we're kind of where we're sitting up
[01:12:00.280 --> 01:12:06.680]  now we're waiting for the judge to decide on that I filed a motion for
[01:12:06.680 --> 01:12:13.800]  sanctions against the attorney oh this is good oh yeah I thought you didn't eat
[01:12:13.800 --> 01:12:20.200]  and dress now one of the questions that we have though is okay it's a the name
[01:12:20.200 --> 01:12:24.920]  of the firm is three partners one is deceased so we barged greed the other
[01:12:24.920 --> 01:12:33.960]  two but after we looked into the firm there's another 34 partners so how many
[01:12:33.960 --> 01:12:41.400]  of them do we bargain hmm I would say this was not something that a firm did
[01:12:41.400 --> 01:12:49.440]  this was something that they the lawyer did sure that lawyer did it so you can
[01:12:49.440 --> 01:12:53.040]  barbara's them all
[01:12:53.560 --> 01:12:58.920]  it's a little excessive that watch but I was thinking but I just thought I'd ask
[01:12:58.920 --> 01:13:03.760]  you and see what the answer was today yeah we like to beat them up but if we
[01:13:03.760 --> 01:13:12.480]  overdo it okay we're likely to get the judge pretty be owed at us if the if the
[01:13:12.480 --> 01:13:17.320]  lawyer acted improperly and it sounds like the judge is not happy with the
[01:13:17.320 --> 01:13:24.600]  lawyer because he's requiring that the lawyer explain herself we figured to
[01:13:24.600 --> 01:13:29.640]  excessive you may just consider the lawyer did this because you're such a
[01:13:29.640 --> 01:13:35.480]  jerk mm-hmm and let her off the hook
[01:13:35.800 --> 01:13:41.760]  yeah well I but you know the lawyer the lawyers they sent the most of our
[01:13:41.760 --> 01:13:47.600]  product to the to the judge saying we were harassing her client missing that
[01:13:47.600 --> 01:13:55.440]  and about a year and a half ago I sent a letter to this attorney saying I had
[01:13:55.440 --> 01:14:03.480]  just barred with you and you need to quit you know deceiving the court you need
[01:14:03.480 --> 01:14:12.280]  to quit and fast and lose to the facts and if you continue to do this I'm gonna
[01:14:12.280 --> 01:14:19.120]  barge with you back to the stone age and this attorney included this letter
[01:14:19.120 --> 01:14:27.320]  they've been heard from her response to the judge so I responded to her
[01:14:27.320 --> 01:14:33.520]  response and I told the judge I said good this is proof positive this attorney
[01:14:33.520 --> 01:14:38.760]  has been you know acting out you know that and not the unprofessionally for the
[01:14:38.760 --> 01:14:44.640]  last year and a half so I'm waiting to see if the judge has to say about that
[01:14:44.640 --> 01:15:00.080]  good so you've probably got the lawyer very very angry at you and now you when
[01:15:00.080 --> 01:15:05.240]  you get angry it's always a bad idea I was talking to someone today and
[01:15:05.240 --> 01:15:09.720]  something a deal I was working on and I found out that one of the people in the
[01:15:09.720 --> 01:15:16.720]  deal was lying to me and it was a real problem and he said you don't sound
[01:15:16.720 --> 01:15:26.440]  angry well I am and this may not sound it and I work it not sounding it and I
[01:15:26.440 --> 01:15:35.040]  work also at not react in responding to or acting on what I feel it sounds like
[01:15:35.040 --> 01:15:41.480]  this lawyer is not quite so good at that and that's always a good thing
[01:15:41.480 --> 01:15:53.520]  it causes her to act inappropriately and the more inappropriately she acts the
[01:15:53.520 --> 01:15:58.440]  more you stinger and the more you stinger the dumber stuff she does so good
[01:15:58.440 --> 01:16:09.400]  maybe now the judge a stinger good so how many times have you bargained this
[01:16:09.400 --> 01:16:25.680]  lawyer okay well if if you have to bargain for more than two or three times
[01:16:25.680 --> 01:16:30.800]  then I would suggest you find out who the the principal partners in the law firm
[01:16:30.800 --> 01:16:48.920]  is and then sting them okay you're a step ahead of me so I suspect that
[01:16:48.920 --> 01:16:55.240]  everybody in the firm is probably pretty upset at this lawyer at this point
[01:16:55.240 --> 01:17:04.200]  are you being harassed by debt collectors with phone calls letters or even
[01:17:04.200 --> 01:17:09.360]  lawsuits stop debt collectors now with the Michael mirrors proven method Michael
[01:17:09.360 --> 01:17:13.120]  mirrors has won six cases in federal court against debt collectors and now
[01:17:13.120 --> 01:17:17.840]  you can win too you'll get step-by-step instructions in plain English on how to
[01:17:17.840 --> 01:17:22.320]  win in court using federal civil rights statute what to do when contacted by
[01:17:22.320 --> 01:17:26.920]  phones mail or court summons how to answer letters and phone calls how to get
[01:17:26.920 --> 01:17:30.760]  debt collectors out of your credit report how to turn the financial tables on
[01:17:30.760 --> 01:17:35.880]  them and make them pay you to go away the Michael mirrors proven method is the
[01:17:35.880 --> 01:17:40.560]  solution for how to stop debt collectors personal consultation is available as
[01:17:40.560 --> 01:17:45.040]  well for more information please visit rule of law radio calm and click on the
[01:17:45.040 --> 01:17:49.600]  blue Michael mirrors banner or email Michael mirrors at yahoo.com that's
[01:17:49.600 --> 01:17:57.400]  rule of law radio calm or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to
[01:17:57.400 --> 01:18:02.120]  learn how to stop debt collectors now I love logos without the shows on this
[01:18:02.120 --> 01:18:06.040]  network I'd be almost as ignorant as my friends I'm so addicted to the truth now
[01:18:06.040 --> 01:18:10.720]  that there's no going back I need my truth fix I'd be lost without logos and I
[01:18:10.720 --> 01:18:14.520]  really want to help keep this network on the air I'd love to volunteer as a show
[01:18:14.520 --> 01:18:18.040]  producer but I'm a bit of a Luddite and I really don't have any money to give
[01:18:18.040 --> 01:18:23.360]  because I spent it all on supplements how can I help logos well I'm glad you
[01:18:23.360 --> 01:18:27.640]  asked whenever you order anything from Amazon you can help logos but ordering
[01:18:27.640 --> 01:18:31.560]  your supplies or holiday gifts first thing you do is clear your cookies now
[01:18:31.560 --> 01:18:37.920]  go to logosradio network dot com get on the Amazon logo and book market now
[01:18:37.920 --> 01:18:42.520]  when you order anything from Amazon you use that link and logos gets a few
[01:18:42.520 --> 01:18:47.000]  pesos do I pay extra no do you have to do anything different when I order
[01:18:47.000 --> 01:18:53.240]  no can I use my Amazon Prime no I mean yes wow giving without doing anything or
[01:18:53.240 --> 01:18:58.760]  spending any money this is perfect thank you so much we are welcome happy
[01:18:58.760 --> 01:19:28.720]  holidays logos okay we are back
[01:19:28.720 --> 01:19:35.560]  Randy Kelton rule of law radio and we're talking to Larry in Arizona okay so
[01:19:35.560 --> 01:19:53.120]  you bargained them pretty well where are we now okay how long has this been in
[01:19:53.120 --> 01:20:14.360]  court good this is costing them a fortune and good chance then you might get
[01:20:14.360 --> 01:20:17.800]  them to come to the table and dismiss everything yeah oh wait hold on this is
[01:20:17.800 --> 01:20:27.880]  this your selection or is this are you okay so do you have an adjudication on
[01:20:27.880 --> 01:20:44.800]  the criminal side so what are you what is your intended ultimate outcome I'm
[01:20:44.800 --> 01:20:53.080]  seeing the deputy for 150,000 bucks for the false arrest and the fault in the
[01:20:53.080 --> 01:21:00.600]  illegal search and stuff like that well reason I'm saying that generally failure
[01:21:00.600 --> 01:21:12.200]  the ID is a jailable offense how much time could you get in Arizona
[01:21:12.200 --> 01:21:21.240]  I went to the municipal court you know I'll just go to driver's license and
[01:21:21.240 --> 01:21:30.840]  then that that was medated we just missed but the fact is the officer
[01:21:30.840 --> 01:21:36.480]  that you can trust me I specifically asked him are you taking me to the
[01:21:36.480 --> 01:21:43.840]  magistrate and I cited the Arizona revised number and I cited the statute
[01:21:43.840 --> 01:21:55.160]  he said no you want to jail wonderful the reason I was asking is because we
[01:21:55.160 --> 01:22:00.040]  still have a failure to ID chart hanging over your head you might be able to use
[01:22:00.040 --> 01:22:12.520]  this case to get that dismissed okay and it wouldn't you know there wouldn't be
[01:22:12.520 --> 01:22:17.000]  anything wrong with it they make a deal to get rid of your case that wouldn't be
[01:22:17.000 --> 01:22:24.280]  a bad thing if you're a good representative of the pro se legal
[01:22:24.280 --> 01:22:31.720]  movement you're much better leading that pro se legal movement outside of jail
[01:22:31.720 --> 01:22:38.360]  than inside of jail yeah so so if that's an issue if I were you I would
[01:22:38.360 --> 01:22:42.040]  certainly look at the possibility of making everything go away concerning
[01:22:42.040 --> 01:22:46.760]  going to jail because once you sue them work them over good chance they're
[01:22:46.760 --> 01:22:54.480]  gonna want to beat you up when they get you to court but then there's a whole
[01:22:54.480 --> 01:23:00.320]  lot you can do there well whatever they do you can bring it back to this what
[01:23:00.320 --> 01:23:10.920]  they normally do for these circumstances and failure to ID that's kind of their
[01:23:10.920 --> 01:23:16.800]  catch-all but then you've got a catch-all have you filed criminally against the
[01:23:16.800 --> 01:23:23.320]  arresting officer and I'm just talking about doing that well have you in your
[01:23:23.320 --> 01:23:30.480]  complaint charged him with false imprisonment yes and for some reason the
[01:23:30.480 --> 01:23:37.520]  judge dismissed that that complaint did you ask for findings in fact in
[01:23:37.520 --> 01:23:44.000]  conclusions at law because that's one thing that all jurisdictions have waved
[01:23:44.000 --> 01:23:47.800]  their sovereign immunity for
[01:23:48.080 --> 01:23:52.800]  yeah no I didn't do that but that's that's probably well passed in the
[01:23:52.800 --> 01:24:02.720]  open two years so yeah that will that'll come up in appeal in any case yes so
[01:24:02.720 --> 01:24:19.280]  good okay okay wait a minute I'm having trouble understanding of you on a
[01:24:19.280 --> 01:24:34.200]  Bluetooth or hands-free okay I'm having a little trouble with your sound
[01:24:34.200 --> 01:24:43.160]  quality you're loud enough it's just to make no trouble understanding okay I'm
[01:24:43.160 --> 01:24:50.000]  in a property tax battle now and I talked to you a few months ago about this and
[01:24:50.000 --> 01:24:58.040]  you told me to ask the assessor what their claim was on my property I said I
[01:24:58.040 --> 01:25:05.120]  sent a return receipt letter asking me what your claim against my property or
[01:25:05.120 --> 01:25:10.280]  what is the taxable privilege you think I'm receiving but they have never
[01:25:10.280 --> 01:25:19.640]  responded to that how do I how do I push the issue and force a good spot that's a
[01:25:19.640 --> 01:25:22.320]  good question
[01:25:25.040 --> 01:25:33.640]  no I sent a letter to the to the to the assessor and I also sent one what does
[01:25:33.640 --> 01:25:51.760]  the what is the open record decked in Arizona say what does it say about how
[01:25:51.760 --> 01:25:58.480]  long the assessor has to respond to an information request
[01:25:58.480 --> 01:26:04.800]  well you know what it doesn't lose doesn't really address that what says is
[01:26:04.800 --> 01:26:13.440]  they refuse to show me records there's a special cheer for it in superior court
[01:26:13.440 --> 01:26:21.320]  okay there's another special thing if a public official fails to perform a duty
[01:26:21.320 --> 01:26:25.320]  they are required to perform it in the process now is you the full free access
[01:26:25.320 --> 01:26:32.440]  to enjoyment right what crime is that in the state of Arizona
[01:26:32.440 --> 01:26:41.240]  never found that what is that in Texas you know I'm looking up in Texas and see
[01:26:41.240 --> 01:26:47.400]  if I can cross it over to Arizona I'm sure Arizona has a
[01:26:47.400 --> 01:26:54.760]  official misconduct statute the only one I haven't been able to find it in is in a
[01:26:54.760 --> 01:27:10.720]  Mexico so look up official misconduct Arizona okay doing that now penalties
[01:27:10.720 --> 01:27:18.800]  for violation state ethics and public corruption laws official miss now there's
[01:27:18.800 --> 01:27:23.800]  Colorado let's see what that one says
[01:27:23.800 --> 01:27:31.920]  official misconduct there it is well it's in there I saw it as I was clicking on
[01:27:31.920 --> 01:27:37.960]  it I could do a little to find it just do a search for Arizona official misconduct
[01:27:37.960 --> 01:27:45.480]  a top hit took me to a section that one I was clicking on it and said
[01:27:45.480 --> 01:27:50.720]  official misconduct I intend to obtain a benefit or injure injure or deprise
[01:27:50.720 --> 01:28:00.200]  another Arizona class for felonies no that that maybe go to bribery but look
[01:28:00.200 --> 01:28:09.040]  look that up and charge the tax assessor collector with official misconduct
[01:28:09.040 --> 01:28:27.200]  run the routine on them try that one out guys okay and you do that with the local
[01:28:27.200 --> 01:28:33.440]  grand jury and when the prosecuting attorney intercepts it then you file
[01:28:33.440 --> 01:28:38.680]  against prosecuting attorney and just run the routine on or probably better to
[01:28:38.680 --> 01:28:47.720]  file it first with a magistrate okay and when the magistrate and I generally
[01:28:47.720 --> 01:28:53.240]  like to do it with a low-level magistrate do you have any GPS or
[01:28:53.240 --> 01:29:06.560]  municipal judges you really don't like whatever it is in Arizona whatever the
[01:29:06.560 --> 01:29:14.640]  lowest court is you go to that court and you try to file a complaint against the
[01:29:14.640 --> 01:29:18.960]  public official they're going to jump up and down and get real excited and
[01:29:18.960 --> 01:29:27.800]  absolutely refuse at least that's what you hope they do never ask public official
[01:29:27.800 --> 01:29:33.600]  to do anything you actually want them to do so that when they don't do it you
[01:29:33.600 --> 01:29:37.920]  get to clobber them so I would take a complaint against the tax assessor and
[01:29:37.920 --> 01:29:41.800]  file it with some low-level magistrate get the magistrate refused to act on it
[01:29:41.800 --> 01:29:45.520]  and file against the magistrate with a higher level like maybe a county judge
[01:29:45.520 --> 01:29:52.360]  and when the county judge refuses to district judge and then take the district
[01:29:52.360 --> 01:29:58.680]  judge to the grand jury when the prosecutor sees it he's going to realize
[01:29:58.680 --> 01:30:07.520]  you set up a judge has imposed a lifetime driving ban on a 17 year old boy
[01:30:07.520 --> 01:30:12.400]  after a serious accident to send a message about reckless driving I'm Dr.
[01:30:12.400 --> 01:30:15.720]  Catherine Albright and I'll be back with more on this unusually harsh
[01:30:15.720 --> 01:30:21.240]  punishment in a moment privacy is under attack when you give up data about
[01:30:21.240 --> 01:30:25.480]  yourself you'll never get it back again and once your privacy is gone you'll
[01:30:25.480 --> 01:30:30.760]  find your freedoms will start to vanish too so protect your rights say no to
[01:30:30.760 --> 01:30:35.560]  surveillance and keep your information to yourself privacy it's worth hanging
[01:30:35.560 --> 01:30:40.200]  on to this message is brought to you by start page dot com the private search
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[01:30:57.600 --> 01:31:01.800]  the judge gave him a lecture about how the roads are littered with broken
[01:31:01.800 --> 01:31:06.840]  futures then he revoked the boys driver's license for life what Lyle did
[01:31:06.840 --> 01:31:11.680]  was wrong but at age 17 we all make mistakes by revoking his license for
[01:31:11.680 --> 01:31:16.680]  life the judge issued a virtual death sentence to his career and future in
[01:31:16.680 --> 01:31:21.000]  20 years he'll be a husband and a dad unable to even drive his son to a
[01:31:21.000 --> 01:31:25.520]  soccer game now that's cruel and unusual I'm Dr. Catherine Albright for
[01:31:25.520 --> 01:31:31.960]  start page dot com the world's most private search engine this is building
[01:31:31.960 --> 01:31:36.800]  seven a 47 story skyscraper that fell on the afternoon of September 11 the
[01:31:36.800 --> 01:31:40.840]  government says that fire brought it down however 1500 architects and
[01:31:40.840 --> 01:31:44.680]  engineers have concluded it was a controlled demolition over 6,000 my
[01:31:44.680 --> 01:31:47.840]  fellow service members have given their lives and thousands of my fellow
[01:31:47.840 --> 01:31:51.320]  force respond this is playing I'm not a conspiracy theorist I'm a structural
[01:31:51.320 --> 01:31:54.960]  engineer in New York City correctional I'm an Air Force pilot I'm a father who
[01:31:54.960 --> 01:31:59.320]  lost his son we're Americans and we deserve the true go-to remember
[01:31:59.320 --> 01:32:04.960]  building seven dot org today rule law radio is proud to offer the rule of law
[01:32:04.960 --> 01:32:08.440]  traffic seminar in today's America we live in an us against them society if
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[01:32:15.000 --> 01:32:18.160]  freely from place to place the right to act in our own private capacity and most
[01:32:18.160 --> 01:32:21.880]  importantly the right to do process of law traffic courts afford us the least
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[01:32:56.360 --> 01:33:04.320]  together we can have a free society we all want to serve looking for some
[01:33:04.320 --> 01:33:34.000]  truth you found it logos radio network dot com okay we are back
[01:33:34.000 --> 01:33:41.200]  Randy Hilton rule law radio and we're talking to Larry in Arizona okay we're
[01:33:41.200 --> 01:33:46.080]  talking about going after the tax assessor collector for not responding
[01:33:46.080 --> 01:33:54.440]  to a public information request your letter your request to them does not
[01:33:54.440 --> 01:34:00.160]  have to say this is a public information request it really has to ask for
[01:34:00.160 --> 01:34:08.880]  information and the the forms I use I've taken out all reference to any law I
[01:34:08.880 --> 01:34:14.040]  just told them my my document says you are hereby directed to provide for my
[01:34:14.040 --> 01:34:20.760]  inspection under copying or the following if I ask for a court record
[01:34:20.760 --> 01:34:24.720]  under the open records act they'll respond saying that the open records act
[01:34:24.720 --> 01:34:32.880]  doesn't apply if I asked for a court record a regular record under public
[01:34:32.880 --> 01:34:37.080]  court law law the requirement of the Constitution they'll say that doesn't
[01:34:37.080 --> 01:34:46.520]  apply so I had just asked for it and we'll let whatever law apply that we can
[01:34:46.520 --> 01:34:51.600]  find so point of that is if you just send them a letter asking for some
[01:34:51.600 --> 01:34:56.360]  information it falls under one of those and since this is not a court and it
[01:34:56.360 --> 01:35:04.920]  falls under open records and if the records are about you or your tax debt
[01:35:04.920 --> 01:35:15.000]  then it will in no case be secret from you so you got a violation here and I
[01:35:15.000 --> 01:35:22.320]  can be pretty sure that tax assessor is not going to have seen in that coming
[01:35:22.320 --> 01:35:28.480]  Okay, if I have to go after these laws and sue them, what am I going to sue for?
[01:35:28.480 --> 01:35:33.920]  Converting or what the tax is?
[01:35:33.920 --> 01:35:39.360]  Sue for all of the taxes that have been collected against your property.
[01:35:39.360 --> 01:35:46.360]  What's my cause of action? Is it because they're entering the land
[01:35:46.360 --> 01:35:53.680]  contract? Well, you know you claim that the state has no claim against your
[01:35:53.680 --> 01:35:59.480]  property therefore the state's unable to collect the property taxes against your
[01:35:59.480 --> 01:36:06.720]  property. Okay, so what is my cause of action?
[01:36:06.720 --> 01:36:17.960]  This is how you exert or assert a loyal title. There's a lot of stuff about how
[01:36:17.960 --> 01:36:24.920]  to get an loyal title you really don't have to you can just claim it and it's
[01:36:24.920 --> 01:36:31.560]  up to the state to prove they have a claim against your property and if they
[01:36:31.560 --> 01:36:40.160]  don't then they're collecting taxes illegally and it better bring you right
[01:36:40.160 --> 01:36:45.240]  into court. That will definitely bring an issue before the court that they do
[01:36:45.240 --> 01:36:55.320]  not want to get to the US Supreme. They can be relatively certain that the US
[01:36:55.320 --> 01:37:04.160]  Supreme would not rule against them but they can only be relatively certain. They
[01:37:04.160 --> 01:37:09.840]  will not want to play Russian roulette with their ability to file to collect
[01:37:09.840 --> 01:37:24.440]  property taxes. Yes, I have to think
[01:37:24.440 --> 01:37:33.200]  exactly what you asked them for. You requested evidence of a claim against
[01:37:33.200 --> 01:37:41.280]  your property and since they were required under statute to answer their
[01:37:41.280 --> 01:37:49.560]  failure to do so creates the adverse inference that there is no claim against
[01:37:49.560 --> 01:37:56.280]  your property and in order to collect property taxes they would have to prove
[01:37:56.280 --> 01:38:04.240]  up a claim against your property. So you asked the court to rule and declare to
[01:38:04.240 --> 01:38:11.240]  a judgment that because they failed to respond then there exists the adverse
[01:38:11.240 --> 01:38:14.240]  inference that there is no claim against your property and let them try to
[01:38:14.240 --> 01:38:21.680]  overcome that. And then when the judge rules against you then that's a great
[01:38:21.680 --> 01:38:31.680]  thing to walk up to the Supreme. The question does not become do we owe
[01:38:31.680 --> 01:38:40.160]  taxes or not. The question becomes if a state official fails to form a duty is
[01:38:40.160 --> 01:38:48.840]  required to perform, does that give you the right to presume a particular fact?
[01:38:50.080 --> 01:38:59.080]  This kind of ruling would affect the courts in a lot of other areas. It is not
[01:38:59.080 --> 01:39:03.600]  the kind of ruling they're going to want to have against them and that's what
[01:39:03.600 --> 01:39:08.080]  you always want to take to the appeals court. It's something that if it gets
[01:39:08.080 --> 01:39:18.680]  ruled against them we'll screw them up big time and make it in their best
[01:39:18.680 --> 01:39:28.560]  interest to make you happy so you'll go away and live on. But do you want to get
[01:39:28.560 --> 01:39:38.840]  off the test rolls? Yes. Have you considered the ramifications? Yes. Then...
[01:39:38.840 --> 01:39:50.200]  They'll take my taxes from $300 a year to over $14,000. Okay. That's good enough
[01:39:50.200 --> 01:40:06.880]  for a reason. So they're trying to steal your property with taxes? Yes. Taxes you
[01:40:06.880 --> 01:40:16.200]  never owed in the first place? Yes. Oh then that's that's good reason. The
[01:40:16.200 --> 01:40:23.000]  services that you would have to contract for police and fire and if you're on
[01:40:23.000 --> 01:40:30.520]  public water, water, whatever... Well, it's a real property. I'm not a well. We have our own
[01:40:30.520 --> 01:40:37.560]  department. So the only thing that we would use is the sheriff's office and I'm
[01:40:37.560 --> 01:40:44.800]  stealing them because they're off the property. I think so. It's the volunteer
[01:40:44.800 --> 01:40:50.200]  fire department then they would do that anyway. The only fire department that
[01:40:50.200 --> 01:40:54.600]  would fall under if it was a county or city fire department funded by the
[01:40:54.600 --> 01:41:04.440]  county or city. So the only thing you'd have to contract for would be police. Yes.
[01:41:04.440 --> 01:41:14.920]  Then absolutely, go for it. But keep us appraised because we're building tools
[01:41:14.920 --> 01:41:22.840]  for these. Any solutions you craft, bring them to us. What I'm doing with these
[01:41:22.840 --> 01:41:30.760]  tools that I'm building, right now I'm trying to put together a meeting of all
[01:41:30.760 --> 01:41:37.960]  of the procé researchers I can find. All of those people who have crafted
[01:41:37.960 --> 01:41:46.120]  remedies and we want to collect those remedies and include them in the system
[01:41:46.120 --> 01:41:54.480]  in our tools that were developed. The reason I need procés is that lawyers
[01:41:54.480 --> 01:42:03.800]  live inside a lawyer box and lawyers don't only do what lawyers do, what
[01:42:03.800 --> 01:42:08.600]  themselves and other lawyers do. When someone comes along with something
[01:42:08.600 --> 01:42:12.520]  different, lawyers don't want to touch it because they're always concerned about
[01:42:12.520 --> 01:42:17.120]  missing something and if they miss something they can get clobbered. So
[01:42:17.120 --> 01:42:22.680]  they only do what they know how to do. Procé researchers don't live in a
[01:42:22.680 --> 01:42:31.080]  lawyer box so they tend to seek out more innovative remedies. So we collect those
[01:42:31.080 --> 01:42:38.200]  remedies, we formalize those into the system so that someone comes to our
[01:42:38.200 --> 01:42:41.720]  questionnaire and goes to the questionnaire. It not only pulls down the
[01:42:41.720 --> 01:42:48.360]  lawyer box remedies, it also pulls down the procé remedies and then the client
[01:42:48.360 --> 01:42:55.600]  using the tool can take those procé remedies and cram them down the lawyer's
[01:42:55.600 --> 01:43:02.520]  throat and we start forcing the lawyers to use these remedies. We get
[01:43:02.520 --> 01:43:07.560]  availability to more remedies and when a client is forcing the lawyer to do it
[01:43:07.560 --> 01:43:12.080]  he has plausible deniability with the court. He can say my client says this, my
[01:43:12.080 --> 01:43:17.160]  client says that, don't blame me for this, my client's making me do it. We will
[01:43:17.160 --> 01:43:22.920]  expand the the issues we can bring effectively bring before the court
[01:43:22.920 --> 01:43:30.400]  and whoever brings me the remedy and I grafted into a document on the the tool
[01:43:30.400 --> 01:43:35.200]  anyone who purchases one of those documents the person who brought it to
[01:43:35.200 --> 01:43:42.400]  me gets an override. So we create a passive income for the people doing the
[01:43:42.400 --> 01:43:48.320]  research for us. Okay, hang on, we're about to go to break, Randy Kelton,
[01:43:48.320 --> 01:43:56.880]  we'll lose our radio, our call in number 512-646-1984, we'll be right back.
[01:43:59.640 --> 01:44:05.040]  Through advances in technology our lives have greatly improved except in the
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[01:44:55.680 --> 01:45:02.280]  friends and family, and increase your income. Order now. Are you the plaintiff or
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[01:45:29.600 --> 01:45:35.120]  by a licensed attorney with 22 years of case-winning experience. Even if you're
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[01:45:39.400 --> 01:45:44.160]  principles and practices that control our American courts. You'll receive our
[01:45:44.160 --> 01:45:51.080]  audio classroom, video seminar, tutorials, forms for civil cases, pro-sac tactics, and
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[01:45:56.280 --> 01:46:02.280]  Or call toll-free, 866-LAW-E-Z.
[01:46:02.280 --> 01:46:28.480]  Okay, we are back. Randy Kelton for Lulavlogradio on this the 18th day of
[01:46:28.480 --> 01:46:35.200]  January, 2019, and we're talking to Larry in Arizona.
[01:46:36.560 --> 01:46:43.440]  What are we talking about? We're talking about taxes and how to hammer the public
[01:46:43.440 --> 01:46:57.600]  officials. Oh, the tool. The tool for everybody who's crafting remedies. I need
[01:46:57.600 --> 01:47:02.040]  everybody listening who's fighting the system one way or another to start
[01:47:02.040 --> 01:47:09.640]  putting their remedies together. I will be putting together a what Pastor Mass had
[01:47:09.640 --> 01:47:14.440]  a few years ago called a gathering of eagles. I'm going to be inviting all of
[01:47:14.440 --> 01:47:22.280]  the primary or premier legal, pro-sac legal researchers around the country to
[01:47:22.280 --> 01:47:31.920]  a gathering so we can begin to bring together all of the remedies. Well, most
[01:47:31.920 --> 01:47:37.400]  of these guys are people like me who've spent a long time doing legal research,
[01:47:37.400 --> 01:47:42.640]  but we have a lot of people out there who are listening to this show and
[01:47:42.640 --> 01:47:47.760]  calling into this show because they're crafting their own remedies. And we need
[01:47:47.760 --> 01:47:56.960]  all of those. We will build a tool that anyone can use to find remedy in any
[01:47:56.960 --> 01:48:07.040]  circumstance. When you stand back and look at this from the top, it looks it's a
[01:48:07.040 --> 01:48:12.600]  lot stepping into a legal library. I have a photograph of the legal library, the
[01:48:12.600 --> 01:48:19.760]  law library in Ohio, the state law library. It's six stories tall. It's one long
[01:48:19.760 --> 01:48:27.160]  room with a foyer in the middle that goes up six stories. On both sides there
[01:48:27.160 --> 01:48:33.520]  are on each story there are lines of shelves of books and the room looks to
[01:48:33.520 --> 01:48:41.200]  be about 200 feet long. It's huge. And you look at this and there's just millions
[01:48:41.200 --> 01:48:47.560]  of books from the look of it. It looks incredibly intimidating. Someone will
[01:48:47.560 --> 01:48:55.000]  look at that and look at the body of law and they think there is an infinite
[01:48:55.000 --> 01:49:04.720]  number of possible issues to come up. Actually, that's not true. There are
[01:49:04.720 --> 01:49:14.040]  potentially an infinite number of facts sets that can bring you to any legal
[01:49:14.040 --> 01:49:24.080]  issue. But once you get to a legal issue, that issue is always argued the same. The
[01:49:24.080 --> 01:49:31.840]  facts that got you to the issue become irrelevant or basically irrelevant to the
[01:49:31.840 --> 01:49:39.640]  issue itself. There are a limited number of issues and the issues are limited to
[01:49:39.640 --> 01:49:48.280]  existing law. Every issue you can argue is based on existing law. So don't look
[01:49:48.280 --> 01:49:55.440]  at the legal library. Pull down the statutes in a, pull down a table of
[01:49:55.440 --> 01:50:05.120]  contents of all the statutes. That's all the issues there are. It is not infinite.
[01:50:05.120 --> 01:50:12.720]  It's very specific and we know what they all are. So now all we have to do is
[01:50:12.720 --> 01:50:20.440]  craft a tool that will point us to the various legal issues. That's what the
[01:50:20.440 --> 01:50:32.000]  questionnaire does. And when we start laying in all of these issues that
[01:50:32.000 --> 01:50:39.520]  we're coming across into the tool, each time we put one in there, it is fixed
[01:50:39.520 --> 01:50:45.680]  and permanent. At first it looks just like an impossible test and you start
[01:50:45.680 --> 01:50:52.720]  putting pieces in there. And before very long it begins to fill up. And you will
[01:50:52.720 --> 01:50:56.280]  have a set of facts that lead you to an issue. When you get to that issue, you'll
[01:50:56.280 --> 01:51:01.960]  find a lot of people have already been to that issue. So it will fill up quicker
[01:51:01.960 --> 01:51:08.800]  than you think. We will, you know, like Larry we're talking about a
[01:51:08.800 --> 01:51:16.160]  loyal title. We have a lot of stuff on a loyal title. We have a lot of information
[01:51:16.160 --> 01:51:25.080]  on how to get your property off the tax rolls. Doesn't matter how you get there.
[01:51:25.080 --> 01:51:29.120]  Getting it off the tax rolls always gonna be the same. And over the years I've been
[01:51:29.120 --> 01:51:33.840]  asked this hundreds of times. If I had a place to point, I'd say, okay just go
[01:51:33.840 --> 01:51:41.760]  right there. That remedy is always the same no matter what your facts are.
[01:51:41.760 --> 01:51:48.720]  Before long we'll have a tool where everybody can find all of the remedy and
[01:51:48.720 --> 01:51:57.240]  take that remedy and cram it down the court's throat. When we can do that then
[01:51:57.240 --> 01:52:08.720]  we will have a consistent legal system. I don't ask my courts to be just. I don't
[01:52:08.720 --> 01:52:16.960]  well I don't ask for a just adjudication of my legal issues. I ask for a
[01:52:16.960 --> 01:52:24.600]  consistent adjudication of my issues according to existing law. If existing
[01:52:24.600 --> 01:52:32.360]  law does not lead to just remedy that's an issue for the legislature not the
[01:52:32.360 --> 01:52:40.200]  courts. You got guys out there advocating the common law. I think those
[01:52:40.200 --> 01:52:49.040]  guys don't know what they're asking for because in the common law the law is
[01:52:49.040 --> 01:52:56.240]  what the judge says it is. I do not want a judge deciding what that judge thinks
[01:52:56.240 --> 01:53:08.560]  is just. I want that judge following prescribed statute. Consistently we get
[01:53:08.560 --> 01:53:13.840]  consistent application of law. Then we'll be able to look at the law and see
[01:53:13.840 --> 01:53:18.440]  where it's just and where it's not. We go to our legislators ask them to fix it. We
[01:53:18.440 --> 01:53:22.320]  will wind up with a very fair and consistent legal system. Does that make
[01:53:22.320 --> 01:53:32.680]  sense Larry? So anybody has issues bring them to us and if we program them into
[01:53:32.680 --> 01:53:38.920]  our system then you get an override. Maybe pay you back for some of your time.
[01:53:38.920 --> 01:53:48.880]  We'll make that make your remedy available to 325 million people. It won't take
[01:53:48.880 --> 01:53:54.320]  as long to get this thing straightened out. Okay. Do you have anything else
[01:53:54.320 --> 01:54:03.840]  for us Larry? Thank you very much for calling in and now we're gonna go try
[01:54:03.840 --> 01:54:12.600]  John from New York again to see if he's there this time. Hello John. Hello how
[01:54:12.600 --> 01:54:19.520]  you doing? Oh you woke up. Well no no I had left the room. I was that was
[01:54:19.520 --> 01:54:22.840]  waiting and waiting and then finally I left the room and just when I left the
[01:54:22.840 --> 01:54:28.840]  room you called for me. Yeah we were waiting for you to leave the room. Okay.
[01:54:28.840 --> 01:54:35.600]  Oh yeah I left the room alright. What do you have for us today? Well I need your
[01:54:35.600 --> 01:54:42.840]  help and it'll be a great it'll be a great for this ticket through the road
[01:54:42.840 --> 01:54:50.200]  thanks to you and the first three were thanks to you and the fourth one is
[01:54:50.200 --> 01:54:58.200]  because the cop I'm sure was talking with his buddies and they knew that there
[01:54:58.200 --> 01:55:02.880]  were three other tickets that we got dismissed. Now this one is retribution
[01:55:02.880 --> 01:55:07.560]  for the three that were dismissed because the person was wearing the seat
[01:55:07.560 --> 01:55:12.720]  belt and you probably have heard it so many times I don't have to should I
[01:55:12.720 --> 01:55:18.200]  summarize what's happened so you come up. Yeah well for everybody else yes. Okay
[01:55:18.200 --> 01:55:25.080]  here we go. My relative was driving his car cop stopped him and said I stopped
[01:55:25.080 --> 01:55:31.760]  you because you weren't wearing your seat belt and the passenger in the car
[01:55:31.760 --> 01:55:37.680]  got out I guess you call him a guest you don't call him passenger you call him a
[01:55:37.680 --> 01:55:42.680]  guest if he's a passenger it's for hire and of course it's not for hire. That's a
[01:55:42.680 --> 01:55:48.520]  hair I'm not gonna split. Okay right go ahead. So the guest gets out and says
[01:55:48.520 --> 01:55:54.680]  officer I saw he was wearing a seat belt and I will be prepared to testify in
[01:55:54.680 --> 01:56:00.200]  court that he was doing so. So the no wearing of the seat belt became
[01:56:00.200 --> 01:56:06.280]  quickly you weren't wearing it properly and I'm sure that you're you weren't
[01:56:06.280 --> 01:56:10.480]  born yesterday and neither was I. You know that the cop was lying when he did
[01:56:10.480 --> 01:56:16.160]  that he was lying when he said you weren't wearing your seat belt. Anyway so
[01:56:16.160 --> 01:56:24.160]  that's where we are but went to court of course we lost the case and what
[01:56:24.160 --> 01:56:32.560]  happened my relative piped up during the proceeding and said excuse me your honor
[01:56:32.560 --> 01:56:38.800]  but the original charge was no seat belt not wearing a seat belt and now you're
[01:56:38.800 --> 01:56:44.800]  saying that I was wearing it but I wasn't wearing it properly which means I
[01:56:44.800 --> 01:56:48.600]  was wearing the seat belt which means the original charge is bogus and I wasn't
[01:56:48.600 --> 01:56:54.000]  charged with not wearing it properly I was charged with not wearing it so now
[01:56:54.000 --> 01:56:59.680]  that charge has to disappear. Well that's certainly you know in a
[01:56:59.680 --> 01:57:07.600]  boss-high bluebell and risk old P. Coltrane court of law that doesn't fly so
[01:57:07.600 --> 01:57:15.040]  that's where we are. And I did you file criminal charges against the judge? No we
[01:57:15.040 --> 01:57:21.480]  didn't and what charges should we file? The official misconduct in that the judge
[01:57:21.480 --> 01:57:27.160]  failed to perform a duty he was required to perform and exerted or purported to
[01:57:27.160 --> 01:57:33.680]  exert an authority he did not expressly have. When you your relative noticed the
[01:57:33.680 --> 01:57:43.360]  court that the court was trying you for an issue not before the court that must
[01:57:43.360 --> 01:57:52.800]  be construed as a subject matter jurisdiction challenge. An issue is
[01:57:52.800 --> 01:57:59.680]  what it is makes no difference what you call it or if you call it anything. When
[01:57:59.680 --> 01:58:05.520]  the individual noticed the court that the individual was not charged with the
[01:58:05.520 --> 01:58:10.520]  crime he was being convicted of the judge was given notice that the judge
[01:58:10.520 --> 01:58:17.040]  did not have subject matter jurisdiction had a duty to dismiss or at least
[01:58:17.040 --> 01:58:22.560]  prove up subject matter jurisdiction which he did not charging with the
[01:58:22.560 --> 01:58:31.360]  official misconduct. And who do that with the Commissioner on judicial conduct?
[01:58:31.360 --> 01:58:39.680]  No this is criminal. Oh oh do that with a magistrate. Well with a
[01:58:39.680 --> 01:58:47.840]  magistrate above here. No the magistrates aren't above anyone they're all the same.
[01:58:47.840 --> 01:58:55.080]  Well the Bible remains the most popular book in the world yet countless readers
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[01:59:50.640 --> 02:00:06.680]  You are listening to the Logos Radio Network. LogosRadionetwork.com.