[00:00.000 --> 00:05.600]  The following news flash is brought to you by The Lowest Star of Lowdown, providing good
[00:05.600 --> 00:12.840]  deli bulletins for the commodities market, today's history, news updates, and the inside
[00:12.840 --> 00:21.280]  scoop into the tides of the alternative.
[00:21.280 --> 00:29.080]  Markets for Wazeva 6th of February 2019 opened with gold at $1,313.70 an ounce, silver $15.77
[00:29.080 --> 00:36.760]  an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel, Brent crude $61.98 a
[00:36.760 --> 00:45.800]  barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64, Ripple XRP $0.29, Ethereum
[00:45.800 --> 00:51.640]  $10.10 and Eos is at $2.32 a crypto coin.
[00:51.640 --> 00:59.640]  Today in History, the year 1918, British women over the age of 30 who meet minimum property
[00:59.640 --> 01:04.600]  qualifications get the right to vote when the representation of the People Act of 1918
[01:04.600 --> 01:05.920]  was passed by Parliament.
[01:05.920 --> 01:12.880]  Today in History, and recent news, several Texas-based organizations filed a lawsuit
[01:12.880 --> 01:17.400]  today requesting that a federal court stop the state from flagging about 95,000 people
[01:17.400 --> 01:21.960]  as potentially illegally registered to vote, the list was compiled after an 11-month-long
[01:21.960 --> 01:26.320]  investigation by the Office of the Texas Secretary of State and the Texas Department
[01:26.320 --> 01:31.320]  of Public Safety, which sought to identify non-U.S. citizens who were registered to vote
[01:31.320 --> 01:33.320]  when obtaining a garbage license.
[01:33.320 --> 01:37.040]  Over half of the 95,000 did indeed vote, it seems.
[01:37.040 --> 01:41.080]  However, further controversy was raised when it became clear that some of the names were
[01:41.080 --> 01:45.240]  not in fact belonging to those who were non-citizens and registered.
[01:45.240 --> 01:50.840]  Apparently, around 25% of all Latino immigrants become naturalized, gaining the right to vote.
[01:50.840 --> 01:55.240]  Registered voters who receive letters querying their citizenship have 30 days to respond
[01:55.240 --> 01:57.040]  with proof of eligibility.
[01:57.040 --> 02:01.240]  Texas Attorney General Ken Paxton and David Whitley, the Texas Secretary of State, have
[02:01.240 --> 02:09.000]  yet to officially comment regarding this list and any updates pertaining to it.
[02:09.000 --> 02:14.400]  A Texas man of only 24 years old, William Brown, died from a severed artery in his neck after
[02:14.400 --> 02:16.960]  a vape pen exploded while he was using it.
[02:16.960 --> 02:20.680]  It apparently happened in the parking lot of the vape shop where he got it.
[02:20.680 --> 02:24.280]  An x-ray revealed that a piece of metal was embedded in his brainstem.
[02:24.280 --> 02:30.480]  The vape store, Smoke and Vape DZ, has refused to comment.
[02:30.480 --> 02:35.280]  First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director of
[02:35.280 --> 02:40.200]  Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners Association
[02:40.200 --> 02:44.600]  Conference, which will be taking place at the Corpus Christi Omni Hotel from February
[02:44.600 --> 02:47.480]  14th to 16th, 6 to 9 p.m.
[02:47.480 --> 02:51.480]  You can find the interview at kiiitv.com.
[02:51.480 --> 03:11.480]  This is Rick Rody with your lowdown for February 6th, 2019.
[03:11.480 --> 03:34.360]  Thank you for watching.
[03:34.360 --> 03:39.400]  And the pathway seems to get straighter every day.
[03:39.400 --> 03:41.440]  And I can take anything I want.
[03:41.440 --> 03:46.240]  OK, we are back, ready to help in Brett Fountain with our radio.
[03:46.240 --> 03:54.480]  And we have this Leslie Bad Grandma on the line from Humana, Arizona.
[03:54.480 --> 04:02.720]  And Leslie, give us a timeline of how you got to where you're at.
[04:02.720 --> 04:07.200]  Well, like I started to say before, when my husband was changing jobs
[04:07.200 --> 04:10.720]  and got his pension, and we tried to pay off the loan,
[04:10.720 --> 04:13.640]  and they wanted us to be behind in our mortgage
[04:13.640 --> 04:17.800]  before they even let us talk to customer service to be able to pay him off.
[04:17.800 --> 04:21.680]  So that what happened was we came across a group
[04:21.680 --> 04:24.800]  where I think that you later became part of,
[04:24.800 --> 04:32.320]  that I started with 2WRs and put in a rescission and all that kind of stuff.
[04:32.320 --> 04:34.560]  And we worked from there.
[04:34.560 --> 04:39.440]  And I fought with them with quiet title and everything else that I could think of
[04:39.440 --> 04:40.480]  for 10 years.
[04:40.480 --> 04:45.680]  And they finally were closed on me even after the just-in-the-art rescission,
[04:45.680 --> 04:51.200]  saying that I didn't have to file a lawsuit within one year, within three years.
[04:51.200 --> 04:58.400]  And so then when we did that, I've been fighting this in the Superior Courts
[04:58.400 --> 05:02.240]  and we took it to the Supreme Court of Pennsylvania.
[05:02.240 --> 05:08.160]  And there was a glitch in the recorder in the personitaries office
[05:08.160 --> 05:11.040]  so that when you filed things, they didn't always accept them.
[05:11.040 --> 05:16.720]  And that was where my appeal went through the, what do you call it?
[05:16.720 --> 05:18.640]  Through the cracks in the system.
[05:18.640 --> 05:21.280]  And they said my appeal was not timely.
[05:21.280 --> 05:25.760]  So where I would have won on appeal, I didn't even get to appeal.
[05:25.760 --> 05:28.240]  So then they stole my house.
[05:28.240 --> 05:32.000]  So I was looking for other things and I came across this
[05:32.000 --> 05:36.160]  arbitration agreement and Ms. Debra brought it to my attention.
[05:36.160 --> 05:40.160]  And she tried to convince me to do it.
[05:40.160 --> 05:42.480]  I said, oh, I don't know if I want to do that or not.
[05:42.480 --> 05:43.040]  So she...
[05:43.040 --> 05:45.360]  You're talking about Debra in Dallas?
[05:46.560 --> 05:46.800]  Yes.
[05:47.760 --> 05:48.160]  Yes.
[05:48.160 --> 05:52.320]  As opposed to Debra, the producer on the show.
[05:53.600 --> 05:56.160]  Right, right, right.
[05:56.160 --> 06:00.560]  So we were discussing it and I said, but I'll try it.
[06:00.560 --> 06:05.280]  And yeah, I tweaked it to what I needed to do
[06:05.280 --> 06:11.280]  and figured out how to get it all confirmed in the federal courts
[06:11.280 --> 06:15.920]  and did some research on that and created all the paperwork for my attorney.
[06:15.920 --> 06:19.440]  Then I told to my attorneys as well, I'll take 1% of your winnings.
[06:19.440 --> 06:20.800]  I said, that's great.
[06:20.800 --> 06:22.480]  You'll make enough to pay a cast off.
[06:26.000 --> 06:28.320]  So that's where that is.
[06:28.320 --> 06:34.800]  Now, it takes the...from when we put in the contract, it took 10 days.
[06:34.800 --> 06:37.120]  I started this April 4th.
[06:38.880 --> 06:44.720]  Now, by June 4th, I had my original award and after the attorney took it, he says,
[06:44.720 --> 06:54.240]  you really should have this other, what do you call it, clause in the award to make it airtight.
[06:54.240 --> 06:58.800]  And so I contacted the arbitrator and he agreed to put it in there
[06:58.800 --> 07:01.600]  and I'm just waiting for him to put that in now.
[07:02.240 --> 07:05.360]  And as soon as that's done, it'll take me another 22 days
[07:06.400 --> 07:09.280]  and I'll be able to foreclose on the bank.
[07:13.520 --> 07:16.000]  And they don't like that for some reason.
[07:16.000 --> 07:18.400]  They seem to pull out their checks real quick.
[07:18.400 --> 07:22.880]  So you're maybe a month out from closure.
[07:28.800 --> 07:30.080]  This is wonderful.
[07:30.080 --> 07:32.400]  This is something I really need to look into.
[07:32.400 --> 07:34.560]  We had a caller on the line that dropped off.
[07:34.560 --> 07:37.120]  If you're still listening, please call back.
[07:37.120 --> 07:39.920]  We'll get to you shortly and I apologize for the delay.
[07:39.920 --> 07:51.120]  But this was an issue, Leslie and I had talked about this earlier and because this is kind of a
[07:52.240 --> 07:58.560]  bushwhack of the banks, we weren't too sure if we wanted to address this.
[07:58.560 --> 08:04.640]  But I guess that was probably a bit of hubris on my part.
[08:04.640 --> 08:09.280]  Sometimes I think my show is more widely listened to than it is.
[08:10.560 --> 08:15.600]  But this is something I've finally felt like we really needed to get this out.
[08:16.640 --> 08:22.560]  There are so many people out there seeking remedy that don't have access to remedy that
[08:24.000 --> 08:25.680]  it's time we got it out there.
[08:26.640 --> 08:30.000]  Well, there's been a lot of people that have done it.
[08:30.000 --> 08:38.560]  I personally know, let me see, one, two, three, four, five people that have done it,
[08:38.560 --> 08:41.360]  that are doing it or in the process of doing it.
[08:42.720 --> 08:50.800]  Has the banks, in any of these cases, responded appropriately to the notices?
[08:52.160 --> 08:56.240]  No. There have been a response.
[08:56.240 --> 09:00.960]  But the contracts requires them to respond to each point.
[09:04.080 --> 09:07.440]  You know, not just respond to one question.
[09:07.440 --> 09:10.080]  They have to respond to each question.
[09:11.200 --> 09:14.720]  Just like on your QWR, they don't want to divulge.
[09:16.080 --> 09:22.240]  And yeah, they have to respond to each question where it's a non-response.
[09:22.240 --> 09:27.120]  And it says that right in the contract, you must respond to each item.
[09:28.640 --> 09:35.040]  So what it sounds like is we're dealing with an issue that lawyers are really not accustomed to.
[09:36.880 --> 09:37.360]  What is it?
[09:37.360 --> 09:37.760]  Which is great.
[09:38.960 --> 09:42.400]  Yeah. Lawyers hate to do legal research.
[09:43.680 --> 09:43.840]  Yes, I know.
[09:43.840 --> 09:48.640]  They hate to deal with anything that they don't deal with on a regular basis.
[09:48.640 --> 09:54.960]  Because unlike you and I, we're just chump proceeds.
[09:54.960 --> 09:56.400]  We can miss something.
[09:56.400 --> 09:58.320]  We can screw up anything we want to.
[09:58.320 --> 10:00.560]  And the judge can get annoyed with us.
[10:00.560 --> 10:02.000]  There's not much more he can do.
[10:02.000 --> 10:03.680]  He's going to rule against us anyway.
[10:04.640 --> 10:09.680]  Lawyers, on the other hand, they are learned counsel.
[10:11.120 --> 10:12.480]  They can't miss anything.
[10:13.360 --> 10:18.080]  So when you ask a lawyer to address an issue they're not familiar with,
[10:18.080 --> 10:18.880]  it terrifies them.
[10:20.400 --> 10:23.520]  Well, this is when I ask my lawyer to do something.
[10:23.520 --> 10:26.480]  I also present them with the law he's going to need.
[10:29.200 --> 10:31.280]  And I also provide them with case law.
[10:32.000 --> 10:36.000]  And Judge Kavanaugh came out at the beginning of his term.
[10:36.000 --> 10:37.360]  The first thing that he said...
[10:37.360 --> 10:39.200]  Open hold of who is Doug Kavanaugh?
[10:39.200 --> 10:47.040]  Judge Kavanaugh is the one that most recently appointed Supreme Court judge.
[10:49.120 --> 10:50.640]  Okay, I know who that is.
[10:52.160 --> 10:52.480]  Okay.
[10:53.680 --> 10:57.120]  He put in a case.
[10:58.240 --> 10:59.680]  I'm trying to figure the name of it.
[11:01.520 --> 11:02.800]  I got it here someplace.
[11:03.360 --> 11:07.600]  But anyway, basically what it was, is what I said earlier,
[11:07.600 --> 11:12.720]  is that the judge has nothing to say about arbitration.
[11:12.720 --> 11:14.960]  If it has an arbitration agreement,
[11:14.960 --> 11:18.480]  and one of the parties says they want to have this thing arbitrated,
[11:18.480 --> 11:21.200]  it's not up to him to decide what's arbitratable.
[11:21.200 --> 11:24.000]  It's up to the arbitrator to decide what's arbitratable.
[11:27.440 --> 11:31.360]  The whole point of arbitration was to get it out of the judge's thing.
[11:31.360 --> 11:37.360]  Okay, and this is consistent with the Code of Federal Regulations.
[11:37.360 --> 11:38.000]  Yes.
[11:38.720 --> 11:48.640]  There's a case about the EPA, where the EPA required that a company installs
[11:48.640 --> 11:53.920]  certain kinds of filters in their smokestacks in their emissions
[11:54.560 --> 11:59.280]  to keep the emissions within federal standards.
[11:59.280 --> 12:03.200]  The company is sued in the federal courts,
[12:03.200 --> 12:07.200]  and the federal judge ruled that they didn't have to have these filters.
[12:08.240 --> 12:11.680]  And they appealed, and the appeals court said,
[12:11.680 --> 12:25.840]  the appeals of the Supreme Court said that the trial court could not interfere with the ruling of the EPA.
[12:25.840 --> 12:33.840]  Because the EPA specialized in this area and had special knowledge
[12:35.600 --> 12:37.440]  that the federal judge didn't have.
[12:38.240 --> 12:48.960]  So when a regulatory agency makes a ruling in an area over which they have special knowledge,
[12:48.960 --> 12:53.040]  a federal judge may not revisit that ruling.
[12:53.040 --> 13:01.440]  So it sounds like this is similar in that when an arbitrator renders his ruling,
[13:02.800 --> 13:05.680]  then the federal judge may not interfere with that ruling.
[13:05.680 --> 13:08.320]  So it's consistent with other areas of law.
[13:09.120 --> 13:11.440]  Okay, here's one of the things Kavanaugh said.
[13:11.440 --> 13:18.640]  He said, when the party's contract delegates the arbitrability question to an arbitrator,
[13:18.640 --> 13:24.240]  a court may not override the contract. In those circumstances, a court possesses no power
[13:24.240 --> 13:27.120]  to decide the arbitrability issue.
[13:27.120 --> 13:32.080]  That is true even if the court thinks the argument that the arbitration agreement applies to
[13:32.080 --> 13:34.560]  a particular dispute is fully groundless.
[13:35.520 --> 13:36.720]  It doesn't matter.
[13:36.720 --> 13:42.480]  And he says in other places that even if it's against, you know, even if it is
[13:42.480 --> 13:48.000]  an error of law, they cannot adjust it.
[13:48.640 --> 13:52.240]  There's an arbitrator's award should not be vacated for errors of law.
[13:52.800 --> 13:56.960]  In fact, committed by the arbitrator, the court should not attempt to mold the award
[13:56.960 --> 14:00.320]  conform to their sense of justice. They can't do it.
[14:03.840 --> 14:06.560]  Wow, that's pretty incredible.
[14:06.560 --> 14:13.760]  I said the Supreme Court explains, the Supreme Court explained there is nothing
[14:13.760 --> 14:18.240]  knowledgeable about MUST grant, which is unequivocally self-court to grant confirmation
[14:18.240 --> 14:22.080]  in all cases except we are one prescribed exception.
[14:23.360 --> 14:29.440]  So when you go to an arbitrator, you step outside the Constitution.
[14:30.640 --> 14:31.120]  Exactly.
[14:31.120 --> 14:38.160]  So you wave the Constitution, you wave all those rights, and you place your
[14:40.560 --> 14:43.600]  outcome in the hands of the arbitrator exclusively.
[14:44.560 --> 14:52.400]  Now, I would suppose that that would be necessary in order for the binding arbitration to have any
[14:53.680 --> 14:55.360]  import or any influence.
[14:55.360 --> 15:00.080]  And I'm not sure how I feel about that.
[15:01.520 --> 15:03.280]  You know, it's contract.
[15:05.120 --> 15:09.840]  Exactly. In this case, you know, it sounds, it's in your favor, Leslie.
[15:10.800 --> 15:11.680]  Yes, it's not.
[15:11.680 --> 15:12.640]  How are we going?
[15:12.640 --> 15:13.200]  Yeah.
[15:13.200 --> 15:15.600]  How could the bad guys use that against us?
[15:15.600 --> 15:22.160]  And you remember recently, a few years ago, that the debt collectors
[15:22.160 --> 15:24.960]  owned the arbitration companies.
[15:26.000 --> 15:26.240]  Yeah.
[15:27.920 --> 15:31.280]  That created a horrible miscarriage of justice.
[15:33.040 --> 15:34.960]  So I could possibly go wrong.
[15:35.600 --> 15:40.000]  Yeah. So I'm thinking, you know, this is great that Leslie is going to kick their behinds.
[15:40.800 --> 15:45.840]  But on the other hand, I am dubious.
[15:45.840 --> 15:53.200]  You know, always, I'm thinking back to the body of law, the Corpus Juris.
[15:55.360 --> 15:58.000]  How does this affect the Corpus Juris?
[15:58.960 --> 16:03.680]  And it may be Leslie that you're doing this, encouraging other people to do this.
[16:04.640 --> 16:10.880]  When you start kicking the banks in their behinds, and they don't like being beat up this way,
[16:10.880 --> 16:18.480]  they're likely to go and ask the courts to change this.
[16:18.480 --> 16:26.400]  But when they change this, then the banks themselves wind up being hamstrung.
[16:27.120 --> 16:31.040]  Because when the banks are taking advantage of arbitration,
[16:31.040 --> 16:38.240]  they're in the essentially position that Leslie finds herself in.
[16:42.480 --> 16:44.320]  Does it make sense, my concern here?
[16:45.680 --> 16:46.640]  Yes, it does.
[16:48.400 --> 16:52.640]  But this is like I said, this particular contract, it's all in the contract.
[16:52.640 --> 16:54.240]  You can disagree with the contract.
[16:54.240 --> 17:01.840]  They could have, they could have responded and said, we're not a party unit.
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[19:27.120 --> 19:33.120]  And all of your children in the court, those things that hurt me freeing, telling your problems
[19:33.120 --> 19:41.840]  every day, calling his name once again, hearing all you know he was dating, those things that hurt
[19:41.840 --> 19:50.240]  me freeing, telling your problems every day, calling his name once again, hearing all you know
[19:50.240 --> 19:57.600]  he was dating, hearing me came and he is everything, he is everything to me, that's what I call him,
[19:58.240 --> 20:03.680]  and tell me me and me pray to him, because he is the only one called answering,
[20:04.240 --> 20:09.360]  being a business what making man saying, man can you know if he is leading,
[20:09.360 --> 20:17.520]  then you can trust it's not me crazy, telling your problems every day, calling his name once again,
[20:17.520 --> 20:26.400]  and you can trust it's not me crazy, telling your problems every day, calling his name once again,
[20:27.360 --> 20:38.080]  you can trust it's not me crazy, telling your problems every day, calling his name once again,
[20:38.080 --> 20:59.320]  Okay, we are back. Randy Kelton, Brett Fountain here with Lesley Bad Grandma in New
[20:59.320 --> 21:09.000]  Arizona and we're talking about the Federal Arbitration Act. And in the past, you know,
[21:09.000 --> 21:13.440]  I've been doing the show a long time and we used to hear to get a lot of questions about
[21:13.440 --> 21:23.240]  credit cards and how to deal with credit cards. And one of the things that kept coming up,
[21:23.240 --> 21:30.600]  let me explain that just a second. You'll notice when I'm doing this show when I make a mistake,
[21:30.600 --> 21:39.800]  I stop and I go back and try to restate what I was saying. This is a technique because sometimes
[21:39.800 --> 21:48.360]  people want to master these audios. And when you try to master an audio, if someone makes a mistake,
[21:48.360 --> 21:55.000]  we tend to correct it real quickly. And when someone's mastering the audio, if you correct it
[21:55.000 --> 22:05.480]  too quickly, you can't find a place in the voice craft of where to cut out the bad part. So when
[22:05.480 --> 22:12.960]  we started out, I was talking about Brett, he's fairly new to radio. And Brett and I have been
[22:12.960 --> 22:20.560]  talking about some of the techniques we use on radio and he really picked it up quickly. And one
[22:20.560 --> 22:31.840]  of the techniques is when you make a mistake, you want to leave a flat line, a slight intake of
[22:31.840 --> 22:38.880]  breath. You can actually see an intake of breath on the graph. It's a flat line with a little
[22:38.880 --> 22:45.600]  wiggle in the middle, and then another flat line. That's a breath. I'm speaking to you. I speak to
[22:45.600 --> 22:54.240]  you again. In that intake, I can see it. And so if I made a mistake, and I say something incorrect
[22:54.240 --> 22:59.920]  and I correct it immediately, I got this big voice graph, I can't see where to cut the mistake out.
[23:00.640 --> 23:06.480]  But if I make a mistake and I stop, and I go back and I save what I intended to say again,
[23:06.480 --> 23:16.560]  then someone mastering the voice graph can see, can listen to it, hear the mistake, hear me say it
[23:16.560 --> 23:21.520]  again, and then they can back the graph up and they can see the flat line. They put a cut mark
[23:21.520 --> 23:28.000]  there. They back up to before I started this statement, put a cut line there, take it out,
[23:28.000 --> 23:36.000]  stitch them together. You never know if the mistake was in there. So I'm just giving you a
[23:36.000 --> 23:40.560]  system of interesting information and background of what we're doing, so that you understand
[23:40.560 --> 23:46.000]  why we're doing this way. I hope that's interesting to people and I'm not boring everybody.
[23:48.320 --> 23:52.400]  But Brett, the first time I had him on, he didn't understand these things.
[23:53.280 --> 23:59.040]  And after the show, we explained some of the technique. And the second time I had him on,
[23:59.040 --> 24:07.760]  I was amazed. He presented himself on the radios if he'd been doing this for years.
[24:08.960 --> 24:17.440]  For me, that was really great to hear. Okay, let off on a tangent lost where I was at.
[24:19.040 --> 24:27.440]  Okay, when we were on break, I talked to Leslie about this. When I'm doing the show and I have a
[24:27.440 --> 24:37.520]  guest on, I try to shift into the position of my listeners. If you've never done radio, you may
[24:37.520 --> 24:43.680]  not appreciate how difficult this can be, because we can't see who we're talking to.
[24:45.440 --> 24:55.600]  And if I could see you, I can tell when you're confused. I can tell when you want to say something
[24:55.600 --> 25:02.720]  and tell me that you don't understand what I'm talking about. But we're on radio, so I can't see
[25:02.720 --> 25:10.560]  you. So it takes a different mental discipline earlier in the show when Brett was talking about
[25:10.560 --> 25:18.480]  these different issues. I'm sitting back listening to this thinking, okay, where is someone that's
[25:18.480 --> 25:29.680]  not knowledgeable in this area likely to have a question? Or where are they likely to misconstrue
[25:29.680 --> 25:40.400]  something where Brett's talking about things, and you can't include every minor detail. So you have
[25:40.400 --> 25:47.040]  to jump over some things and anticipate that your listener already knows certain information.
[25:47.040 --> 25:55.520]  So while he's doing that, I'm in the background watching and thinking where is Brett as he's
[25:55.520 --> 26:02.240]  moving along, stepping over something that would probably got listeners that aren't as sophisticated
[26:02.240 --> 26:10.320]  in the subject matter that are not likely to understand the space between the issues he's
[26:10.320 --> 26:18.880]  addressing. And I try to step in and answer those questions that I anticipate someone is thinking.
[26:20.080 --> 26:27.600]  And sometimes it gets difficult because I'm interrupting Brett. And then when I'm talking,
[26:27.600 --> 26:33.920]  he's interrupting me. But I hope everybody understands that this is not just, this is not
[26:33.920 --> 26:41.360]  Alex Jones. And I'm not in any way putting down Alex Jones. Alex Jones brings the problems. And
[26:41.360 --> 26:46.880]  he will tell you very quickly, I'm not the guy with the answers. I just bring you the problems.
[26:48.000 --> 26:53.760]  So he doesn't bring answers. So since he's not bringing answers, he doesn't have to fill the
[26:53.760 --> 27:05.040]  gaps and we have to be more careful. And right now, this issue that Leslie has brought,
[27:07.120 --> 27:16.320]  for me, it's exciting. I think it is an extremely powerful tool because it appears as though while
[27:16.320 --> 27:26.800]  the credit card, the debt collectors have used this in the past, the banks are not using it.
[27:28.240 --> 27:36.400]  The banks in foreclosure are not using arbitration. So it's new to them and they don't know how to
[27:36.400 --> 27:47.680]  deal with it. But when we present this, I can expect that people will feel like we may be
[27:49.200 --> 27:55.200]  pulling the kind of maneuvers on the banks that the banks have been pulling on us.
[27:57.360 --> 28:05.280]  I agree. And we were talking on the break, Leslie and I, how do we get people to understand that
[28:05.280 --> 28:12.560]  this is a white thing to do and we're really not taking advantage of the banks. Maybe we are,
[28:12.560 --> 28:19.920]  but we really don't care because we have a different purpose here. We're more concerned about
[28:19.920 --> 28:26.720]  giving the ordinary individual liberty. Okay. Go ahead, Leslie. You're going to speak.
[28:26.720 --> 28:37.520]  Okay. Yeah. This thing is this contract and it's, like I said, it's styled like a QWR
[28:38.480 --> 28:42.640]  and then half a lot of other stuff. Okay. Hold on, Leslie. They would ever look.
[28:42.640 --> 28:48.880]  Look, I have to interrupt. QWR. QWR. I hate acronyms.
[28:48.880 --> 28:57.600]  Qualified written request is addressed in the real estate settlement procedures act.
[28:58.560 --> 29:06.160]  You have the right to request a QWR in certain circumstances and when you
[29:07.440 --> 29:17.120]  file a qualified written request within the confines of those situations where you're
[29:17.120 --> 29:28.720]  authorized to ask for it, then in the spirit of Twill, the U.S., they have a duty to respond
[29:28.720 --> 29:34.560]  to that qualified written request. So we're about to go to break and when we come back,
[29:35.520 --> 29:44.240]  when you file the QWR, then we lead the bank toward the Federal Arbitration Act. We'll pick
[29:44.240 --> 29:50.000]  that up when we come back. Ready, Captain? We're at Fountain Revolve Radio. We'll be right back.
[30:01.440 --> 30:07.920]  Let's get physical. Physical. Hey, if you exercise even a tenth as much as you should,
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[33:29.680 --> 33:43.200]  Okay, we are back. Randy Kelton, Brett Fountain. We live on radio here with our special guest,
[33:43.200 --> 33:52.480]  Leslie from Pennsylvania. And when we went out, we were, Leslie had filed a QWR. And a QWR is
[33:52.480 --> 34:05.840]  authorized under law. And the recipient of the QWR, when the QWR is properly filed,
[34:06.800 --> 34:14.720]  has a statutory duty to respond to your VUS. A failure to respond when there is a duty to
[34:14.720 --> 34:25.040]  respond is equated as fraud. So she set them up, sent them to QWR. They didn't respond to the QWR,
[34:25.040 --> 34:34.640]  and the QWR, the underlying statutory support, had a arbitration clause. Will you explain that?
[34:36.880 --> 34:43.920]  Right. Under the arbitration clause, it's said in the qualified written request,
[34:43.920 --> 34:50.560]  there was a thing that said warning or something similar to that. And it said that you must respond
[34:50.560 --> 35:00.720]  within 10 days. Or we will, it's acquiescence by failure to respond.
[35:00.720 --> 35:06.800]  Okay, wait a minute. Did we jump from QWR to arbitration?
[35:08.720 --> 35:13.280]  We don't want to go straight there. We want to make sure you understand that
[35:13.280 --> 35:20.080]  because the QWR itself, how to clause in it, is that if you don't respond to each and every
[35:20.080 --> 35:26.720]  point on this questionnaire, on this question, and these claims that you've made against me,
[35:26.720 --> 35:33.920]  and prove each of these up, then you have accepted this contract by your failure to respond.
[35:35.040 --> 35:39.920]  That you're admitting that, you know, your failure to respond is tacit?
[35:39.920 --> 35:45.520]  Okay, wait a minute. I'm missing something. I filed the QWR.
[35:47.280 --> 35:57.920]  Does the statute that creates a requirement to respond to a qualified written request
[35:59.040 --> 36:04.000]  contain a reference to arbitration? No.
[36:04.000 --> 36:09.680]  Okay, so how does it reference arbitration?
[36:11.120 --> 36:20.720]  Because the QWR is a sneaky contract because the qualified written request is within a contract.
[36:20.720 --> 36:33.760]  It says, it has the questions, the request, and then it has a warning that they must respond,
[36:34.720 --> 36:40.000]  or it is a tacit acceptance of the contract, and...
[36:40.000 --> 36:46.720]  No, no, wait a minute. I'm missing something. The QWR is essentially a request for disclosure.
[36:46.720 --> 36:54.080]  Yes, but this is, in addition to the request for disclosure, we made it one document.
[36:55.200 --> 37:02.240]  The document is a qualified written request that includes a contract...
[37:03.920 --> 37:14.880]  Oh, okay. So you added to the qualified written request a contract.
[37:14.880 --> 37:24.720]  Right, that this is a contract, a binding, irrevocable contract that you expect by not responding.
[37:25.440 --> 37:33.760]  How do you... What is the statutory support for your claiming this as a contract to which
[37:34.400 --> 37:37.760]  they are obligated to participate?
[37:37.760 --> 37:45.120]  Because it's also a... Oh, what did they call that? It's a counter-offer...
[37:45.120 --> 37:52.240]  Oh, it's an offer of... Oh, wait a minute. Let me think of what we called it.
[37:52.240 --> 37:58.560]  It was a conditional offer of a conditional acceptance of their offer and counter-offer.
[37:59.280 --> 38:04.160]  Okay, hold on. You made a request to them, so that's your offer.
[38:04.160 --> 38:13.360]  And I account... Wait a minute. I'm offering... I'm accepting their offer with a counter-offer.
[38:13.920 --> 38:17.280]  Okay, what was their offer? What was their offer?
[38:18.400 --> 38:27.120]  Conditional offer, conditional acceptance of offer, and let me find it. I thought I'd add it
[38:27.120 --> 38:38.240]  over a minute ago. My mind is not what it used to be. My mom is 96, and she says that is not
[38:38.240 --> 38:47.440]  going to get better. I heard that. I don't like that. It's a conditional acceptance of their offer
[38:47.440 --> 38:56.480]  to a counter-offer. But anyway, we mixed that up with the qualified written request.
[38:57.040 --> 39:04.880]  It's a show of course, proof of plain demand, conditional acceptance of their value, agreement,
[39:04.880 --> 39:11.680]  and counter-offer to acceptance of offer. Okay, that's under Uniform Commercial Code
[39:11.680 --> 39:21.760]  or the Law of Contracts. So we have a contract with the bank, and that is established in a note
[39:22.560 --> 39:33.040]  and a deed of trust or mortgage. And under that, the parties agree to a bind by all
[39:33.840 --> 39:39.520]  relevant law. And the Real Estate Settlement Procedures Act is one of those laws that are relevant.
[39:39.520 --> 39:50.480]  The Real Estate Settlement Procedures Act authorizes the borrower to petition for a
[39:50.480 --> 39:57.760]  qualified written request, petition a qualified written request, which is essentially a request
[39:57.760 --> 40:05.520]  for discovery. And because it is authorized by the Real Estate Settlement Procedures Act, the
[40:05.520 --> 40:15.600]  lender is required, has a duty to respond in the context of Twilio. So
[40:16.080 --> 40:22.080]  Nice. And then you request for a proof of claim too. So, and then it has a caveat.
[40:22.640 --> 40:29.680]  Okay. How do we get to a arbitration contract based on a failure to respond?
[40:29.680 --> 40:37.920]  Okay. Part one is a proof of claim. Part two is a caveat that says that they're required to
[40:37.920 --> 40:49.200]  respond or it's an acceptance of arbitration and of the contract itself, and that it's also
[40:49.200 --> 40:55.520]  an admission that they don't owe any, that we don't owe them any money, and that we have been
[40:55.520 --> 41:01.920]  damaged by their fraud, that kind of thing. And then the third part is the arbitration remedy.
[41:02.640 --> 41:08.720]  Okay. So, you're saying that you have a duty to respond to the qualified written request
[41:09.840 --> 41:18.160]  and a failure to respond to the qualified written request amounts to either fraud on your part
[41:18.160 --> 41:26.880]  or acceptance that you don't have the claim. Is that where you're going?
[41:27.840 --> 41:38.160]  Yes. Okay. So, by failure to respond, you stipulate to lack of claim. Now, how do we move from
[41:38.160 --> 41:45.520]  that to arbitration? In the next section of the thing, the next section of the contract,
[41:45.520 --> 41:51.920]  it explains that there's an arbitration administrative remedy. Okay. Hold on. The contract
[41:51.920 --> 41:58.000]  are referring to... The qualified written request....the trust, the mortgage, or something else.
[41:58.800 --> 42:06.000]  The qualified written request has in it a third part that says arbitration and administrative
[42:06.000 --> 42:14.720]  remedy, and it goes... Okay. So, they had a duty to respond to the qualified written request.
[42:14.720 --> 42:22.720]  Within the qualified written request, you added a arbitration clause. So, since they had a duty
[42:22.720 --> 42:31.040]  to respond to the qualified written request, that implied the duty to respond to the arbitration
[42:31.040 --> 42:37.760]  clause, either accept or raise an objection. If they raise no objection to the arbitration clause,
[42:38.480 --> 42:48.720]  then they accepted it. Is that the position? Yes. Okay. Then the fourth part, notice the
[42:48.720 --> 42:54.240]  common law arbitration, that it will be taken to arbitration. So, it has the arbitration clause,
[42:54.240 --> 43:01.360]  and that all these things are arbitratable. Okay. So, that addition to your standard qualified
[43:01.360 --> 43:09.360]  written request amounts to notice an opportunity. We give you notice an opportunity to raise an
[43:09.360 --> 43:15.520]  opposition. If you fail to raise an opposition, then that's equated as acceptance.
[43:15.520 --> 43:27.040]  Yes. See, the thing of it is, Randy, these people have been housing home owners forever,
[43:27.040 --> 43:34.800]  and half of them really don't have a claim. Like in Debra's case, her note was sold 70 times.
[43:35.680 --> 43:41.760]  Seventy. She'd have to pay her loan off 70 times to be able to get a clear title on her house.
[43:41.760 --> 43:47.840]  They were banking on her losing her house. That's the only way they can... Hang on. Hang on.
[43:47.840 --> 43:56.080]  I have to go to break. Randy Kelton, Brett Fouton with our radio. This is two professional
[43:56.080 --> 44:02.960]  radio broadcasters not falling off the cliff. At Capital Corn and Boolean, our mission is to
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[45:02.640 --> 45:09.520]  in a lawsuit? Win your case without an attorney with Jurisdictionary, the affordable, easy-to-understand
[45:09.520 --> 45:16.800]  four-CD course that will show you how in 24 hours, step-by-step. If you have a lawyer,
[45:16.800 --> 45:21.680]  know what your lawyer should be doing. If you don't have a lawyer, know what you should do for
[45:21.680 --> 45:28.720]  yourself. Thousands have won with our step-by-step course, and now you can too. Jurisdictionary
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[46:25.920 --> 46:35.120]  I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm fishing for.
[46:35.120 --> 46:44.160]  I ain't asking for much, I ain't trying to be no glutton. I'm just here making my living pushing
[46:44.160 --> 46:54.240]  buttons. I give my message, I'll do anything, wanting to shout in distance. I vote for bravery
[46:54.240 --> 47:01.200]  and against slavery, showing resistance. First I'm crawling, then I'm walking,
[47:01.200 --> 47:07.360]  then I start strutting. I'm just so glad to make my living pushing buttons.
[47:07.360 --> 47:29.920]  Okay, we are back. Randy Kelton, rule of law radio here with Brett Fountain and Leslie from Pennsylvania.
[47:29.920 --> 47:42.720]  Okay, Leslie who used to be from Pennsylvania, Leslie's been on our show off and on so long
[47:43.440 --> 47:50.320]  that she has just been ingrained in my brain as Leslie from Pennsylvania. I know she's in
[47:50.320 --> 48:00.640]  Yuma because I went down to see her in Yuma, but it gets stuck. Okay, Leslie from Yuma.
[48:00.640 --> 48:10.080]  And we were talking about qualified written request. It gives the lender a duty to respond
[48:10.080 --> 48:17.840]  in the twill context. A failure to respond when there is a duty to respond is equated as brought.
[48:17.840 --> 48:22.800]  So they have a duty to respond. We file the qualified written request, which is authorized
[48:22.800 --> 48:35.040]  under the Real Estate Settlement Procedures Act. And we add a clause to it requesting binding
[48:35.040 --> 48:43.920]  arbitration. And if they don't object to the binding arbitration, then under contract law,
[48:43.920 --> 48:53.840]  they agree to it. So this is one of the things I was unclear about when I talked to Leslie earlier.
[48:54.400 --> 49:01.360]  How do we bind them to it? Now I understand how we've bound them to the arbitration.
[49:02.080 --> 49:05.520]  And Leslie, how long do they have to do that? Did you say 10 days?
[49:05.520 --> 49:13.520]  10 days. So in a qualified written request,
[49:13.520 --> 49:18.880]  they have five days by statute to give you notice that they have received it.
[49:19.760 --> 49:27.680]  They have 30 days to respond to it. But so Leslie, what you're saying is if you include the arbitration
[49:27.680 --> 49:38.000]  clause, then as to the arbitration clause under Chapter 9 of the Federal Code, they only have
[49:38.000 --> 49:46.880]  10 days to respond to the arbitration clause in the qualified written request and by staying
[49:46.880 --> 49:53.360]  that correctly. Yes, because there's other proofs of claim that you're asking for and you're demanding
[49:53.360 --> 50:03.120]  an answer in 10 days. And then you default them and give them three days to respond. And then you
[50:03.120 --> 50:11.600]  send another default final notice. And then after four days, you send them the request for arbitration.
[50:12.320 --> 50:19.600]  Okay. This goes to the UCC contract law that we've had people on for years and years talking
[50:19.600 --> 50:27.280]  about. And they have a statutory duty to respond to the discovery request in the
[50:28.800 --> 50:35.360]  qualified written request within 30 days. But you have added an extra clause to it,
[50:36.080 --> 50:43.520]  which is not covered by that 30-day request because it's not discovery. You put a clause in
[50:43.520 --> 50:53.280]  there that goes to the law of contracts. And in giving them notice, a 10-day notice,
[50:54.400 --> 51:03.680]  you establish a contract as concerns the 10-day notice. So if they fail to respond to that within
[51:03.680 --> 51:14.560]  10 days, 10 days under the law of contracts, they agree to it. Am I stating that correctly? Yes, you are. Yes, you are. And, you know, I had a
[51:14.560 --> 51:21.040]  real problem with this when I first started wrapping my head around this because I was thinking, you
[51:21.040 --> 51:27.120]  know, it seems underhanded in a way. But then when I looked at it, I'm saying, you know what?
[51:27.120 --> 51:34.400]  They've been saying they have a claim. I know the party that was foreclosing on me
[51:35.360 --> 51:46.400]  had a forged assignment of mortgage. I mean, the creditor who had the mortgage said they had no
[51:47.120 --> 51:53.120]  part of the assigned mortgage. They did not assign it to them. And they said it in court,
[51:53.120 --> 51:59.120]  and they didn't believe that the foreclosure court said so what? It's a forgery. So what?
[52:01.280 --> 52:08.160]  So I'm thinking, well, if they have to prove up their claim, let's see if they prove up their claim.
[52:08.160 --> 52:13.760]  If they don't prove up their claim, then they don't have a claim. And I am entitled to money
[52:13.760 --> 52:23.200]  because they put me through H-E-L-L. Over a long period of time. Over 10 years
[52:23.200 --> 52:29.840]  within access. And they didn't follow the law. I had a breach of contract with these people.
[52:29.840 --> 52:36.960]  They were supposed to abide by under Article 16. They were supposed to abide by all the federal
[52:36.960 --> 52:44.240]  and state laws. Now under state and federal law, I rescinded my contract. But they didn't acknowledge
[52:44.240 --> 52:50.320]  that. They didn't follow the law. They breached that contract. So I want to see where their claim
[52:50.320 --> 52:55.200]  is. I really want to see where their claim is. And because they didn't have a claim,
[52:55.200 --> 53:02.480]  they owe me money for putting me through all this. My lawyer before in Pennsylvania, he said,
[53:02.480 --> 53:08.160]  you know, you should file a breach of contract when we get this all done. Breach of foreclosure,
[53:08.160 --> 53:12.800]  whether you win or lose it, foreclosure. We have to file a breach of contract for them
[53:12.800 --> 53:20.080]  for the damages that they've done to you. Because you rescinded that mortgage. And the
[53:20.080 --> 53:26.800]  Supreme Court said the same thing that you did. That you didn't have to file a lawsuit within
[53:26.800 --> 53:33.680]  three years. All you had to do was file a notice that you intended to rescind that mortgage.
[53:33.680 --> 53:44.560]  That's all I needed to do. So... And once the notice was filed, the rescission was accomplished.
[53:45.600 --> 53:52.240]  Even you could not rescind this rescission. It was a done deal. Exactly. That's what the law said.
[53:52.240 --> 53:59.680]  So because of all of that, I want to see their proof of claim. And if they can't do
[53:59.680 --> 54:04.720]  a proof of claim in ten days, I mean, they got all this stuff in the foreclosure court,
[54:04.720 --> 54:09.920]  but they couldn't prove the claim. And they didn't even try. They ignored me.
[54:11.120 --> 54:18.800]  And that's especially appropriate because the one thing the mortgage companies wanted to avoid
[54:18.800 --> 54:26.640]  was more than anything else was discovery. They wanted to avoid discovery because they
[54:26.640 --> 54:33.760]  could not prove up their claim. So they turned the tables on them and put them in a position
[54:33.760 --> 54:41.200]  to where they could not avoid proving up the claim. If they avoided it, if they didn't
[54:41.200 --> 54:49.360]  prove up the claim, then they became in default. Well, not only that, but because it's going to cost
[54:49.360 --> 54:56.640]  them. I mean, they've been making all of these claims and stuff that I owe them and they have
[54:56.640 --> 55:06.400]  this right and they have that right. Well, you know, I have rights too. And I have a right
[55:06.400 --> 55:13.680]  to contract and I have a right to get paid for all the grief that they put me through.
[55:14.560 --> 55:20.800]  You know, my nerves were shot while I was going through this until I just, I'll be honest with
[55:20.800 --> 55:24.640]  you, I just turned it over to the Lord. I couldn't fight. It's not that I couldn't fight no more,
[55:24.640 --> 55:33.040]  but my nerves were shot. I mean, my hair was falling out. You know, it was a mess. I was a
[55:33.040 --> 55:41.760]  mess. My hands were bloody. They were all broke out, raw. I feel you. And I mean, people that
[55:41.760 --> 55:49.520]  go for foreclosure know these feelings. They've been there. It's not a fun thing. And you never
[55:49.520 --> 55:53.920]  know when they're going to pull something out, you know? I mean, they've got all these tricks
[55:53.920 --> 56:01.760]  up their sleeves. And I just said, you know what? This isn't a trick. This isn't the man. And if I
[56:01.760 --> 56:06.640]  win some money out of it, they'll do it. And so that's what I, that's why I did.
[56:08.640 --> 56:15.600]  And we talked about this on the show. At the end of the day, it's all about the money.
[56:17.760 --> 56:23.280]  It's not about the right of things is the root of law. And we say regularly, you will never win
[56:23.280 --> 56:29.520]  your case simply because you have the law and the facts on your side to think so is naive.
[56:29.520 --> 56:38.320]  It is not that way now, never has been that way since we have had human beings as judges.
[56:39.200 --> 56:46.800]  You will win your case if you have the politics on your side. And politics always follows the money.
[56:48.560 --> 56:56.800]  So if you cost them $10 million after they've paid lawyers for the last 10 years,
[56:56.800 --> 57:05.760]  but it would be an incentive not to screw the next guy who doesn't have the resources and the
[57:05.760 --> 57:16.400]  personal will that Leslie has. So yes, it's right to go after them. If we can cause them so much
[57:16.400 --> 57:22.640]  money that they'll never want to do this again, that's the right thing to do. I thought keeping
[57:22.640 --> 57:29.120]  them in court for 10 years was going to be enough because I know they've spent well over $500,000
[57:29.120 --> 57:41.360]  in an equal deal. For a motion to dismiss, it will cost them $21,000. To get to a motion for
[57:41.360 --> 57:48.640]  summary judgment cost them $87,000. These were money 10 years ago. This is what they did 10 years
[57:48.640 --> 57:56.560]  ago. When we come back, we're about to go to break. Leslie, when we come back, explain that
[57:57.440 --> 58:05.440]  how you know that. You will like this story, Brett. The banks complained that they had
[58:06.560 --> 58:12.640]  had spent $15 billion in attorney fees fighting these foreclosures.
[58:12.640 --> 58:19.840]  We're poor babies. This is how we fix it. We've got to make it not profitable for them. Hang
[58:19.840 --> 58:25.760]  on. We're about to go to break. Randy Kelton, Brett Fountain, a little radio on this, the
[58:26.640 --> 58:36.960]  24th day of June, first day of summer, 2019. I called in number 512-646-1984.
[58:36.960 --> 58:44.880]  We've got one hour left. We're going to touch your calls. We'll be right back.
[58:50.000 --> 58:53.920]  Would you like to make more definite progress in your walk with God?
[58:53.920 --> 58:59.520]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.520 --> 59:04.240]  can really help. The New Testament recovery version is one of the most comprehensive study
[59:04.240 --> 59:09.760]  Bibles available today. It's an accurate translation, and it contains thousands of footnotes that will
[59:09.760 --> 59:15.760]  help you to know God and to know the meaning of life. The free books are a three-volume set called
[59:15.760 --> 59:21.200]  Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life
[59:21.200 --> 59:27.600]  clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.600 --> 59:32.800]  To order your free New Testament recovery version and Basic Elements of the Christian
[59:32.800 --> 59:44.320]  Life, call Bibles for America toll-free at 888-551-0102. That's 888-551-0102.
[59:44.880 --> 59:48.880]  Or visit us online at bfa.org.
[59:52.000 --> 59:58.160]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:58.160 --> 01:00:05.760]  The following news flash is brought to you by The Lone Star Lowdown, providing your daily
[01:00:05.760 --> 01:00:13.360]  bulletins for the Commodities Market. Today in history, news updates, and the inside scoop
[01:00:13.360 --> 01:00:15.040]  into the tides of the alternative.
[01:00:20.800 --> 01:00:27.280]  Markets for Wednesday the 6th of February 2019 open with gold at $1,313.70 an ounce,
[01:00:27.280 --> 01:00:34.720]  silver $15.77 an ounce, copper $2.83 an ounce, oil Texas crude $3.66 a barrel,
[01:00:34.720 --> 01:00:42.160]  Brent crude $61.98 a barrel, and cryptos in order of market capitalization, Bitcoin $3,401.64,
[01:00:42.880 --> 01:00:50.400]  Ripple XRP $0.29, Ethereum $10.10, and Eos is at $2.32 a crypto coin.
[01:00:50.400 --> 01:00:59.600]  Today in history, the year 1918, British women over the age of 30 who meet minimum property
[01:00:59.600 --> 01:01:04.640]  qualifications get the right to vote when the representation of the People Act of 1918 was
[01:01:04.640 --> 01:01:12.000]  passed by Parliament. Today in history. In recent news, several Texas-based organizations
[01:01:12.000 --> 01:01:16.960]  filed a lawsuit today requesting that a federal court stop the state from flagging about 95,000
[01:01:16.960 --> 01:01:21.920]  people as potentially illegally registered to vote. The list was compiled after an 11-month-long
[01:01:21.920 --> 01:01:27.280]  investigation by the Office of the Texas Secretary of State and the Texas Department of Public Safety
[01:01:27.280 --> 01:01:31.760]  which sought to identify non-U.S. citizens who were registered to vote when obtaining
[01:01:31.760 --> 01:01:37.680]  major average license. Over half of the 95,000 didn't indeed vote, it seems. However, further
[01:01:37.680 --> 01:01:42.640]  controversy was raised when it became clear that some of the names were not in fact belonging to
[01:01:42.640 --> 01:01:47.680]  those who were non-citizens and registered. Apparently around 25% of all Latino immigrants
[01:01:47.680 --> 01:01:52.720]  become naturalized, gaining the right to vote. Registered voters who receive letters querying
[01:01:52.720 --> 01:01:57.840]  their citizenship have 30 days to respond with proof of eligibility. Texas Attorney General Ken
[01:01:57.840 --> 01:02:02.880]  Paxton and David Whitley, the Texas Secretary of State, have yet to officially comment regarding
[01:02:02.880 --> 01:02:11.760]  this list and any updates pertaining to it. A Texas man of only 24 years old, William Brown,
[01:02:11.760 --> 01:02:16.640]  died from a severed artery in his neck after a vape pen exploded while he was using it.
[01:02:16.640 --> 01:02:21.280]  It apparently happened in the parking lot of the vape shop where he got it. An X-ray revealed
[01:02:21.280 --> 01:02:27.440]  that a piece of metal was embedded in his brainstem. The vape store, Smoke and Vape DZ has refused to
[01:02:27.440 --> 01:02:34.960]  comment. First edition anchorwoman, Kristen Diaz, interviewed Aislin Campbell, the executive director
[01:02:34.960 --> 01:02:39.440]  of Grow Local, South Texas, concerning the upcoming Texas Organic Farmers and Gardeners
[01:02:39.440 --> 01:02:44.960]  Association conference, which will be taking place at the Corpus Christi Omni Hotel from February 14th
[01:02:44.960 --> 01:02:54.000]  to 16th, 6 to 9 p.m. You can find the interview at kiiitv.com. This is Rick Rodie with your
[01:02:54.000 --> 01:03:10.480]  lowdown for February 6th, 2019.
[01:03:54.000 --> 01:04:02.480]  I will guard these walls with fences, they come to take its place.
[01:04:24.000 --> 01:04:36.480]  Sorry, I'm back quickly. That's all you got to do now. We heard the house just now.
[01:04:54.720 --> 01:05:23.680]  Okay, we are back. Randy Kelton, Brett Fountain, Ruvila Radio, and we have our
[01:05:23.680 --> 01:05:34.800]  special guest, Ms. Leslie from Yuma, Arizona. I've been kind of difficult here because this
[01:05:34.800 --> 01:05:43.040]  is such an important procedure that I want to make sure I get it right. In a mortgage issue,
[01:05:43.040 --> 01:05:55.360]  we have the statutory authority to petition for a qualified written request, and the lender
[01:05:55.360 --> 01:06:00.960]  has a duty to respond to the qualified written request. If it's filed at certain times, like
[01:06:00.960 --> 01:06:07.040]  within 30 days for the new servicer and there are several other situations where you can file,
[01:06:07.040 --> 01:06:14.160]  they notice a foreclosure you can file, they have a duty to respond. And in the qualified
[01:06:14.160 --> 01:06:26.960]  written request, Leslie has added a covenant under the law of contracts. She gives notice
[01:06:26.960 --> 01:06:37.360]  an opportunity. She gives notice of intent to invoke binding arbitration and gives opposing party
[01:06:38.000 --> 01:06:45.680]  opportunity to respond and object. With notice, if they fail to do so within 10 days,
[01:06:45.680 --> 01:06:56.400]  then they capitulate and agree to the binding arbitration. Am I correct so far, Leslie?
[01:06:56.400 --> 01:07:07.120]  Absolutely. And like I said, at first, like I said, it seemed like a kind of sketchy thing to do,
[01:07:07.120 --> 01:07:13.600]  but it's worth it in a long run because they either prove up or they don't. And if they don't,
[01:07:13.600 --> 01:07:23.520]  hey, that's on them. It really is. Notice an opportunity. If they fail to take advantage
[01:07:23.520 --> 01:07:30.240]  of the opportunity, it's on them. Yes. That's exactly the kinds of things they will do to you
[01:07:31.040 --> 01:07:36.960]  to be able to take your property. Yes. Except we can't buy the judges. They've already bought the
[01:07:36.960 --> 01:07:42.640]  judges. Well, see, that's the thing. They can't bind all the arbitrators and there's hundreds of
[01:07:42.640 --> 01:07:50.560]  them and they're all over the place. Yes. So this kind of takes it out of their hands. So when they
[01:07:50.560 --> 01:07:59.600]  fail to respond, you file a notice of arbitration. Is that correct? Yes. We file a request. That's
[01:07:59.600 --> 01:08:05.920]  what I filed is a request for arbitration. I've tried to be nice about it and they just ignored
[01:08:05.920 --> 01:08:11.280]  that too. And the arbitrator looked at that and said, well, you know, they did not object to
[01:08:11.280 --> 01:08:20.080]  arbitration. So I have an authority. So you gave them notice of arbitration. If they did not
[01:08:20.960 --> 01:08:26.400]  want to produce to participate in arbitration, they had a duty to raise an opposition.
[01:08:27.440 --> 01:08:34.000]  Since they did not raise an opposition, they capitulated to arbitration. And then when you
[01:08:34.000 --> 01:08:44.640]  gave them notice that it was the notice that you gave them, what was in the QWR or did you send
[01:08:44.640 --> 01:08:51.680]  them notice separately? Oh, I sent them a separate notice after I sent the default notices. I sent
[01:08:51.680 --> 01:08:59.520]  them a separate notice that I was requesting arbitration and what the arbitration was supposed
[01:08:59.520 --> 01:09:07.440]  to cover and why I was going to, why I was requesting arbitration and what I expected from
[01:09:07.440 --> 01:09:13.520]  arbitration. And the arbitration board got a copy of that. So they knew what I was looking for,
[01:09:13.520 --> 01:09:19.200]  what the case was about, and everything, on kind of giving them a copy of the
[01:09:20.480 --> 01:09:27.120]  documents that I had sent and the proofs of service. Okay. So this was a different document
[01:09:27.120 --> 01:09:35.520]  than the QWR. You sent them to QWR and then when they didn't respond, you sent them a notice.
[01:09:36.080 --> 01:09:42.240]  You assumed that since they didn't object that they agreed, so you sent a notice of arbitration.
[01:09:43.120 --> 01:09:49.040]  Yes. Well, see, the arbitration clause was already in with the QWR, but there was a separate
[01:09:49.040 --> 01:10:00.320]  request for arbitration because it was in the contract already. So the statement in the contract
[01:10:00.320 --> 01:10:09.440]  established your authority to send them a notice of arbitration. Yes. And once they got the notice
[01:10:09.440 --> 01:10:17.280]  of arbitration, it was arbitration they had tacitly agreed to. So now they had a duty to respond.
[01:10:17.280 --> 01:10:25.920]  Yes. And of course they didn't. You asked me before if anybody, any of the banks have ever
[01:10:25.920 --> 01:10:37.920]  responded. They didn't respond to the questions in the QWR. They responded generally like in Debra's
[01:10:37.920 --> 01:10:45.520]  case, they sent her a letter that said, U.S. banks said, well, we're only the trustee,
[01:10:45.520 --> 01:10:50.960]  we're not the lender, I mean, we're not the servicer and the servicer is responsible for all
[01:10:50.960 --> 01:10:57.360]  this stuff and tried to weasel their way out of that. And of course, the servicer wrote her a
[01:10:57.360 --> 01:11:03.840]  letter saying, well, she's a vexatious litigant and she can't bring anything else before any court
[01:11:03.840 --> 01:11:12.640]  and she'll have the foreclosures all done with. Okay. That's good because this is not a decision
[01:11:12.640 --> 01:11:22.960]  that the party can make. They have to petition the judge to strike the pleading. Did the judge,
[01:11:22.960 --> 01:11:29.440]  did they petition the judge to strike that? Wait a minute, wait a minute. It's an arbitrator. The
[01:11:29.440 --> 01:11:33.680]  arbitrator says that has nothing to do with the contract and the response that you wanted.
[01:11:33.680 --> 01:11:43.760]  That was my question. She did not file a lawsuit against him so that argument by the opposing
[01:11:43.760 --> 01:11:50.880]  party was irrelevant. Yes, that's exactly what the arbitrator said. Irrelevant, irrelevant.
[01:11:52.880 --> 01:11:59.200]  So it's not a lawsuit. So it doesn't include a vexatious litigant. She might be vexatious,
[01:11:59.200 --> 01:12:04.480]  who cares? This is a contract. Well, I talked to Deborah. She can be vexatious.
[01:12:09.280 --> 01:12:15.280]  I didn't hear. She called me because the city is giving her a hard time about her swimming pool
[01:12:15.280 --> 01:12:22.080]  and they were sitting out the rig of the inspector sitting out in front of her house.
[01:12:22.080 --> 01:12:34.160]  Oh, somebody has a major. Everybody mute. Okay, somebody has incredible background noise.
[01:12:36.800 --> 01:12:39.840]  Leslie, were you on mute? I was muted already.
[01:12:41.680 --> 01:12:46.160]  Okay, Leslie. I just muted again. So do you want me to mute or on mute?
[01:12:46.160 --> 01:12:49.840]  No, no, we're good. Whatever it was stopped. There was some horrible background noise,
[01:12:49.840 --> 01:12:56.400]  but it stopped. Okay. She said they were sitting out in front of her house. They had come with a
[01:12:58.960 --> 01:13:05.120]  warrant that was improper, cut the lock on her gate to check to see if she had mosquitoes in
[01:13:05.120 --> 01:13:14.080]  her pool. She said, what should you do? Call 911. I haven't heard what happened since she called 911.
[01:13:14.080 --> 01:13:23.600]  Oh, they poisoned her hot tub, killed all her bees, made her sick, made her dog sick.
[01:13:24.400 --> 01:13:31.120]  It's a mess. If they made her sick, that needs to get a lawsuit. Oh, yeah. Good. So she had no
[01:13:31.120 --> 01:13:36.400]  trespassing signs. And the last time she called me, they were sitting out front. What should I do?
[01:13:36.400 --> 01:13:44.720]  Call 911. So I haven't heard what happened. Anyway, that's a distraction from where we were going.
[01:13:46.320 --> 01:13:55.280]  Back to how do we pull these guys into arbitration, something their lawyers are not
[01:13:56.480 --> 01:14:04.320]  adept at dealing with and get a default judgment against them. So in Debra's case,
[01:14:04.320 --> 01:14:11.440]  the opposing party raised the objection that she was a vexatious litigant. And, you know, if you
[01:14:11.440 --> 01:14:23.520]  listen to the show a lot, I talk about the elements of an issue. I tell people, if you want to take
[01:14:23.520 --> 01:14:32.720]  on a case, the first thing you do is get the pattern jury charge. Before you write a motion
[01:14:32.720 --> 01:14:42.160]  or a pleading, get a pattern jury charge. At the end of the day, when everything is before the court,
[01:14:42.160 --> 01:14:51.120]  the court's going to say to the jury, this is what you must find. And he will list what they must
[01:14:51.120 --> 01:15:02.880]  find. If you have argued anything that's not in that list, objection relevance means nothing. So
[01:15:04.000 --> 01:15:10.000]  she files the arbitration. The other party comes back and says, oh, this is garbage,
[01:15:10.000 --> 01:15:16.000]  because she's a vexatious litigant. They might as well say, this is all garbage because she
[01:15:16.000 --> 01:15:25.680]  stood on her head and squawked like a chicken. Has just as much relevance. Yes. Big case,
[01:15:26.960 --> 01:15:37.280]  KIK actually dared the SEC to sue them. The SEC took them up on it. They accommodated them and
[01:15:37.280 --> 01:15:46.080]  sued them. And the SEC said that when you sold this token, you advertised it as a security.
[01:15:47.520 --> 01:15:54.400]  Cooley law firm charged them $5 million to adjudicate this case. And they filed a 31-page
[01:15:54.400 --> 01:16:07.120]  answer and in not one place did they address whether or not the KIK advertised the token
[01:16:07.120 --> 01:16:13.920]  as a security. 31 pages of objection relevance, objection relevance, objection relevance.
[01:16:15.760 --> 01:16:22.000]  Real important, you address the issue. So it sounds like Debra is in the same place.
[01:16:22.000 --> 01:16:29.760]  It sounds to me like the banks and the lawyers for the banks really don't understand
[01:16:29.760 --> 01:16:39.520]  how to address these issues. Okay, hang on. About to go to break. This one goes to Brett.
[01:16:39.520 --> 01:16:46.400]  He saved me from falling off the cliff. Randy Kelton, Brett Fountain, rule of law radio.
[01:16:46.400 --> 01:16:52.000]  I call in number 512-646-1984. We'll be right back.
[01:16:52.000 --> 01:17:03.120]  Randy, is this better? No. Are you being harassed by debt collectors with phone calls,
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[01:17:24.240 --> 01:17:28.880]  how to answer letters and phone calls, how to get debt collectors out of your credit report,
[01:17:28.880 --> 01:17:34.800]  how to turn the financial tables on them and make them pay you to go away. The Michael Mearris proven
[01:17:34.800 --> 01:17:40.240]  method is the solution for how to stop debt collectors. Personal consultation is available
[01:17:40.240 --> 01:17:45.600]  as well. For more information, please visit ruleoflawradio.com and click on the blue Michael
[01:17:45.600 --> 01:17:55.920]  Mearris banner or email michaelmearris at yahoo.com. That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s
[01:17:55.920 --> 01:18:02.000]  at yahoo.com to learn how to stop debt collectors now. I love logos. Without the shows on this
[01:18:02.000 --> 01:18:06.480]  network, I'd be almost as ignorant as my friends. I'm so addicted to the truth now that there's
[01:18:06.480 --> 01:18:12.160]  no going back. I need my truth spit. I'd be lost without logos and I really want to help keep this
[01:18:12.160 --> 01:18:16.320]  network on the air. I'd love to volunteer as a show producer, but I'm a bit of a Luddite and I
[01:18:16.320 --> 01:18:21.920]  really don't have any money to give because I spent it all on supplements. How can I help logos?
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[01:18:26.880 --> 01:18:31.840]  With order and your supplies or holiday gifts. First thing you do is clear your cookies. Now,
[01:18:31.840 --> 01:18:38.800]  go to logosradionetwork.com. Click on the Amazon logo and bookmark it. Now, when you order anything
[01:18:38.800 --> 01:18:45.280]  from Amazon, you use that link and logos gets a few pesos. Do I pay extra? No. Do you have to do
[01:18:45.280 --> 01:18:52.160]  anything different when I order? No. Can I use my Amazon Prime? No. I mean yes. Wow. Giving without
[01:18:52.160 --> 01:18:58.560]  doing anything or spending any money. This is perfect. Thank you so much. We are logos. Happy
[01:18:58.560 --> 01:19:10.320]  holidays, logos. This is the Logos Logos Radio Network.
[01:19:10.320 --> 01:19:26.080]  Oh, come on.
[01:19:26.080 --> 01:19:37.840]  Oh,
[01:19:56.080 --> 01:20:07.840]  Hey.
[01:20:26.080 --> 01:20:36.080]  Lookin' for a little bitty smithin' to hold
[01:20:36.080 --> 01:20:39.080]  Gonna get a ranger
[01:20:39.080 --> 01:20:44.080]  I wanna reach the top of the hill
[01:20:44.080 --> 01:20:47.080]  Slippin' on a slipper slope
[01:20:47.080 --> 01:20:53.080]  Lookin' for a ranger, yeah
[01:20:53.080 --> 01:20:56.080]  Tryin' to get away from all this trouble
[01:21:24.080 --> 01:21:29.080]  I've spent time on this because I think this is really important
[01:21:29.080 --> 01:21:36.080]  Leslie is about to win a ten million dollar claim
[01:21:36.080 --> 01:21:41.080]  Because the banks did not know how to handle this
[01:21:41.080 --> 01:21:45.080]  Most of what we do when we take these guys on
[01:21:45.080 --> 01:21:49.080]  They have all of this stuff programmed out
[01:21:49.080 --> 01:21:53.080]  The only way we beat them is throw something at them
[01:21:53.080 --> 01:21:55.080]  They don't know how to handle
[01:21:55.080 --> 01:21:58.080]  And that's exactly what Leslie has done
[01:21:58.080 --> 01:22:03.080]  So I have been real pedantic in addressing this issue
[01:22:03.080 --> 01:22:08.080]  Because I wanted to get down the particulars of how to do this
[01:22:08.080 --> 01:22:11.080]  And I think we're pretty close to finishing this up
[01:22:11.080 --> 01:22:15.080]  You file a written request, you include an extra clause in there
[01:22:15.080 --> 01:22:20.080]  And then the next thing, binding arbitration
[01:22:20.080 --> 01:22:25.080]  They ignore the qualified written request for the most part
[01:22:25.080 --> 01:22:32.080]  They fail to realize that they've got to respond to binding arbitration
[01:22:32.080 --> 01:22:39.080]  Once they've passed their time limit, you file a notice of arbitration to them
[01:22:39.080 --> 01:22:43.080]  And Brett and I talked about that earlier, you put that
[01:22:43.080 --> 01:22:47.080]  You cloak that in a lot of patriot mythology
[01:22:47.080 --> 01:22:53.080]  All of the stuff I object to, you include it in this notice
[01:22:53.080 --> 01:22:59.080]  Because you want them to throw it in the trash before they get to the important part
[01:22:59.080 --> 01:23:01.080]  Notice of arbitration
[01:23:01.080 --> 01:23:08.080]  Which as Leslie was saying a little earlier, this is found in Title IX, U.S. Code
[01:23:08.080 --> 01:23:13.080]  The Federal Arbitration Act
[01:23:13.080 --> 01:23:18.080]  And then when they fail to respond to arbitration, you get a default judgment
[01:23:18.080 --> 01:23:22.080]  And the federal courts cannot touch that default judgment
[01:23:22.080 --> 01:23:28.080]  Once you have the judgment, Leslie, what's the next step?
[01:23:28.080 --> 01:23:34.080]  Well, when I get the award, I'm going to put it in the federal court
[01:23:34.080 --> 01:23:38.080]  And they're going to have 21 days to file a motion to vacate
[01:23:38.080 --> 01:23:42.080]  Which they can't get because they didn't participate to begin with
[01:23:42.080 --> 01:23:45.080]  Okay, what are the grounds to vacate?
[01:23:45.080 --> 01:23:53.080]  Ashley, it's basically fraud on the part of me or on the part of the arbitrator
[01:23:53.080 --> 01:23:58.080]  Wait a minute, there's more to that
[01:23:58.080 --> 01:24:01.080]  It's not just fraud
[01:24:01.080 --> 01:24:03.080]  They have to prove fraud
[01:24:03.080 --> 01:24:09.080]  Yeah, but there's another caveat
[01:24:09.080 --> 01:24:16.080]  Well, that's corruption and the misconduct of the arbitrators
[01:24:16.080 --> 01:24:23.080]  If they claim fraud, they have to claim fraud
[01:24:23.080 --> 01:24:29.080]  That could not have been detected before the default judgment
[01:24:29.080 --> 01:24:30.080]  Exactly
[01:24:30.080 --> 01:24:38.080]  So even if there was horrendous fraud, they had to adjudicate that fraud
[01:24:38.080 --> 01:24:43.080]  They had to file the claim of fraud
[01:24:43.080 --> 01:24:44.080]  Exactly
[01:24:44.080 --> 01:24:52.080]  So once they don't file that claim of fraud, the only way they can raise an opposition is to say
[01:24:52.080 --> 01:24:59.080]  There was fraud that we could not detect at the time of the default
[01:24:59.080 --> 01:25:00.080]  Exactly
[01:25:00.080 --> 01:25:03.080]  So it's a really high bar to get over
[01:25:03.080 --> 01:25:09.080]  Yes, now under 6 Corpus Juris Secundum, number 155
[01:25:09.080 --> 01:25:15.080]  There are two grounds that bars the party from rejecting an arbitration award
[01:25:15.080 --> 01:25:21.080]  An unexcused absence from the arbitration hearing, which they never attend
[01:25:21.080 --> 01:25:27.080]  And a lack of good faith and meaningful participation at the hearing
[01:25:27.080 --> 01:25:29.080]  And that goes to default
[01:25:29.080 --> 01:25:32.080]  If you've got default, it implies both of those
[01:25:32.080 --> 01:25:33.080]  Exactly
[01:25:33.080 --> 01:25:41.080]  So they can't object to the...they have no standing to object to the arbitration award
[01:25:41.080 --> 01:25:49.080]  Unless they can say that we did not have notice that the arbitration was taking place
[01:25:49.080 --> 01:25:52.080]  Well, see, I sent the request for arbitration
[01:25:52.080 --> 01:25:56.080]  The arbitration board also sends them a notice of the date and time
[01:25:56.080 --> 01:26:02.080]  So they could claim they did not get your notice
[01:26:02.080 --> 01:26:08.080]  But they could hardly claim they did not get the arbitration board's notice
[01:26:08.080 --> 01:26:09.080]  Exactly
[01:26:09.080 --> 01:26:12.080]  Because the arbitration board is essentially a neutral party
[01:26:12.080 --> 01:26:17.080]  They don't have any thing on either side
[01:26:17.080 --> 01:26:22.080]  So if the arbitration board said we gave notice, the court's going to accept that
[01:26:22.080 --> 01:26:23.080]  Yes
[01:26:23.080 --> 01:26:30.080]  And it's basically, in his order, he says that they had noticed they did not object
[01:26:30.080 --> 01:26:33.080]  They did not attend
[01:26:33.080 --> 01:26:35.080]  You know, that's right in there
[01:26:35.080 --> 01:26:40.080]  So now you have your default judgment
[01:26:40.080 --> 01:26:42.080]  It doesn't say it's a default judgment
[01:26:42.080 --> 01:26:49.080]  It says it's an arbitration award and it bases...it based on all these different facts
[01:26:49.080 --> 01:26:55.080]  So the arbitrator windows their ruling and you have a ruling in your favor
[01:26:55.080 --> 01:26:56.080]  Yes
[01:26:56.080 --> 01:26:58.080]  What is the next step?
[01:26:58.080 --> 01:27:07.080]  To confirm it, you file a notice of confirmation with the opposition
[01:27:07.080 --> 01:27:16.080]  And at the same time you file an application for confirmation with the Federal District Court in your area
[01:27:16.080 --> 01:27:22.080]  They have 21 days to respond to the notice
[01:27:22.080 --> 01:27:29.080]  And the only way they can respond is with a motion to vacate which they have no cause
[01:27:29.080 --> 01:27:34.080]  So after 22 days I get my order
[01:27:34.080 --> 01:27:47.080]  And the next day I would file it like I said before in Maricopa County in Phoenix where they have 12 offices and contact the sheriff to foreclose
[01:27:47.080 --> 01:27:51.080]  So you can go foreclose on any one of their office buildings
[01:27:51.080 --> 01:27:53.080]  Yes
[01:27:53.080 --> 01:27:58.080]  And if you got one worth 10 million or if you got three worth 10 million
[01:27:58.080 --> 01:28:08.080]  And this has been done. We had a guy in Fort Worth, a lawyer in Fort Worth who went to the IRS office
[01:28:08.080 --> 01:28:19.080]  It's in a high rise on the west side of Fort Worth with the sheriff and they started carrying furniture out of the IRS office
[01:28:19.080 --> 01:28:24.080]  And they went and got him a $6,000 check
[01:28:24.080 --> 01:28:31.080]  Now we don't know if they've hammered him since then but he was able to do that once you get the judgment
[01:28:31.080 --> 01:28:37.080]  Someone else did a Wells Fargo bank foreclosed on them in Philadelphia
[01:28:37.080 --> 01:28:42.080]  And I think in Jacksonville, Florida another couple paid cash for their house
[01:28:42.080 --> 01:28:46.080]  The bank that sold them the house tried to foreclose on the house
[01:28:46.080 --> 01:28:55.080]  And they got the foreclosure dismissed and got their attorney's fees but the bank would never pay the attorney's fees
[01:28:55.080 --> 01:29:02.080]  So he went and he got a foreclosure on the banks of the attorney's fees which was about $7,000
[01:29:02.080 --> 01:29:11.080]  And they started to foreclose. They went to the Bank of America with all these moving bands. You can watch it on YouTube. It is hysterical
[01:29:11.080 --> 01:29:17.080]  The bank manager turned pale as a ghost and wrote a check
[01:29:17.080 --> 01:29:22.080]  Locked himself in his office while he talked to the home office and wrote a check
[01:29:22.080 --> 01:29:32.080]  Wonderful. So we kind of have the prescription down and if you are interested in doing this
[01:29:32.080 --> 01:29:41.080]  Send me an email. Ask for a reference to Leslie and I will send it to her
[01:29:41.080 --> 01:29:47.080]  I have started a database of people that want to do that so that I have documents for them that they can
[01:29:47.080 --> 01:29:52.080]  Okay, hang on. About to go to break. Randy Kelton with my radio
[01:29:52.080 --> 01:30:01.080]  And Tim, I'm glad you were real quiet because I forgot to unmute you. Hang on. We'll be right back
[01:30:01.080 --> 01:30:09.080]  Cover up that tattoo. The FBI is building a database that analyzes body art as a way of identifying people
[01:30:09.080 --> 01:30:16.080]  I'm Dr. Catherine Albrecht and I'll have details on the weird new program the feds call tattoo recognition in a moment
[01:30:16.080 --> 01:30:22.080]  Privacy is under attack. When you give up data about yourself, you'll never get it back again
[01:30:22.080 --> 01:30:27.080]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:27.080 --> 01:30:32.080]  Protect your rights. Say no to surveillance and keep your information to yourself
[01:30:32.080 --> 01:30:38.080]  Privacy, it's worth hanging on to. This message is brought to you by startpage.com
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[01:30:45.080 --> 01:30:52.080]  Iris patterns, email records, cell phone coordinates, the FBI is collecting data on us all
[01:30:52.080 --> 01:30:57.080]  The feds want images of tattoos as a way of knowing who we are and what we might do
[01:30:57.080 --> 01:31:05.080]  Tattoo recognition is part of the next generational identification program that identifies Americans beyond fingerprints and mug shots
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[01:31:16.080 --> 01:31:21.080]  Needless to say, this is one more step towards the establishment of a total surveillance state
[01:31:21.080 --> 01:31:29.080]  What's next, microchips for us all? I'm Dr. Catherine Albrecht for startpage.com, the world's most private search engine
[01:31:31.080 --> 01:31:36.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11
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[01:32:20.080 --> 01:32:26.080]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process
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[01:33:25.080 --> 01:33:27.080]  Rule of Engineering
[01:33:27.080 --> 01:33:30.080]  The use against the workers of iniquity
[01:33:30.080 --> 01:33:33.080]  The tools of massacgability
[01:33:33.080 --> 01:33:36.080]  Available for all eternity
[01:33:36.080 --> 01:33:39.080]  They come from natural amenity
[01:33:39.080 --> 01:33:43.080]  We're stepped by rules and authenticity
[01:33:43.080 --> 01:33:45.080]  The tools to regain dignity
[01:33:45.080 --> 01:33:49.080]  Rebuild the primitivity
[01:33:49.080 --> 01:33:52.080]  And I say truth in nature
[01:33:52.080 --> 01:33:56.080]  Just decidedly
[01:33:56.080 --> 01:33:58.080]  Truth in nature
[01:33:58.080 --> 01:34:01.080]  Must be justice
[01:34:01.080 --> 01:34:04.080]  And all is a daunting task
[01:34:04.080 --> 01:34:06.080]  At least I got the decency
[01:34:06.080 --> 01:34:09.080]  To ask them all to just take off
[01:34:09.080 --> 01:34:11.080]  Okay, we are back
[01:34:11.080 --> 01:34:17.080]  Randy Kelton, Brett Fountain, RuleofLawRadio here with Leslie from Pennsylvania
[01:34:17.080 --> 01:34:27.080]  And we're talking about binding arbitration, which may be an extremely powerful tool in our arsenal
[01:34:27.080 --> 01:34:31.080]  Okay, you have filed a qualified written request
[01:34:31.080 --> 01:34:35.080]  You included an arbitration clause
[01:34:35.080 --> 01:34:38.080]  Gave them opportunity to oppose it
[01:34:38.080 --> 01:34:40.080]  They failed to do so
[01:34:40.080 --> 01:34:44.080]  You filed a notice of arbitration
[01:34:44.080 --> 01:34:47.080]  They failed to respond and participate
[01:34:47.080 --> 01:34:50.080]  You got an arbitration award
[01:34:50.080 --> 01:34:53.080]  You filed it with the court
[01:34:53.080 --> 01:34:58.080]  The court then does what, Leslie?
[01:34:58.080 --> 01:35:02.080]  The court has to confirm it, it's required to
[01:35:02.080 --> 01:35:06.080]  And you're saying the court has no object
[01:35:06.080 --> 01:35:15.080]  What power does the court have to interfere with the arbitrator's ruling?
[01:35:15.080 --> 01:35:18.080]  He doesn't
[01:35:18.080 --> 01:35:21.080]  They're forbidden
[01:35:21.080 --> 01:35:27.080]  They can vacate it if there's fraud
[01:35:27.080 --> 01:35:28.080]  Provable fraud
[01:35:28.080 --> 01:35:30.080]  Okay, we've spoken to that earlier
[01:35:30.080 --> 01:35:34.080]  But they can only vacate it if the provable fraud
[01:35:34.080 --> 01:35:40.080]  That could not have been detected by the opposing party
[01:35:40.080 --> 01:35:43.080]  Before the arbitration award
[01:35:43.080 --> 01:35:44.080]  Right
[01:35:44.080 --> 01:35:49.080]  So it's a real high level to get over
[01:35:49.080 --> 01:35:50.080]  Yes
[01:35:50.080 --> 01:35:55.080]  And the judge has no power to interfere with the ruling of the arbitrator
[01:35:55.080 --> 01:36:01.080]  That's similar to what the courts have said about the codes of federal regulation
[01:36:01.080 --> 01:36:09.080]  That the agencies responsible like the EPA and the SEC
[01:36:09.080 --> 01:36:13.080]  They have special knowledge and the FCC
[01:36:13.080 --> 01:36:16.080]  They have special knowledge in those areas
[01:36:16.080 --> 01:36:19.080]  And when they render a ruling in those areas
[01:36:19.080 --> 01:36:23.080]  The federal judges cannot disrupt that ruling
[01:36:23.080 --> 01:36:28.080]  So it sounds like the arbitrator is in a similar position
[01:36:28.080 --> 01:36:32.080]  Once they render a ruling, the judge has no power to interfere with it
[01:36:32.080 --> 01:36:37.080]  The Supreme Court has explained there is nothing malleable about must grant
[01:36:37.080 --> 01:36:43.080]  Which unequivocally tells courts to grant confirmation in all cases
[01:36:43.080 --> 01:36:47.080]  Except when the prescribed exception applies
[01:36:47.080 --> 01:36:52.080]  A judicial review of arbitrator's awards is extremely limited
[01:36:52.080 --> 01:36:57.080]  And the court must accept the arbitrator's credibility determinations
[01:36:57.080 --> 01:37:01.080]  Even where there is conflicting evidence and room for choice exists
[01:37:01.080 --> 01:37:09.080]  An arbitrator's award should not be vacated for errors of law and facts committed by the arbitrator
[01:37:09.080 --> 01:37:16.080]  And the court should not attempt to mold the award to conform to their sense of justice
[01:37:16.080 --> 01:37:23.080]  This is exactly what they said about interfering with the main case which was the EPA
[01:37:23.080 --> 01:37:28.080]  The EPA said in these smokestacks you need this kind of filter
[01:37:28.080 --> 01:37:31.080]  And they filed a suit in the federal court
[01:37:31.080 --> 01:37:35.080]  And the federal judge said no you don't need this kind of filter
[01:37:35.080 --> 01:37:38.080]  They sent that to the Supreme and the Supreme said
[01:37:38.080 --> 01:37:43.080]  This federal judge does not have the qualifications to make this determination
[01:37:43.080 --> 01:37:47.080]  The regulatory agency has special knowledge in this area
[01:37:47.080 --> 01:37:54.080]  And when they make their ruling the federal judge has no capacity to interfere with that ruling
[01:37:54.080 --> 01:38:00.080]  And this follows that line of rulings
[01:38:00.080 --> 01:38:05.080]  That the arbitrator did what the arbitrator did in the arbitrator's capacity
[01:38:05.080 --> 01:38:09.080]  And the judge has no power to interfere with that ruling
[01:38:09.080 --> 01:38:11.080]  Yes
[01:38:11.080 --> 01:38:19.080]  So now you get the award and then what do you do?
[01:38:19.080 --> 01:38:26.080]  You file an application for confirmation and when the judge confirms it
[01:38:26.080 --> 01:38:31.080]  How long does the judge have to confirm it? Is there a time?
[01:38:31.080 --> 01:38:38.080]  Well, my lawyer said on the 22nd day he's going to go stick a order in front of him
[01:38:38.080 --> 01:38:41.080]  And ask him to sign it
[01:38:41.080 --> 01:38:48.080]  So essentially the judge is not really required to sign within a certain amount of time
[01:38:48.080 --> 01:38:53.080]  But after 21 days you can go to the court and request that he sign
[01:38:53.080 --> 01:38:55.080]  Yes
[01:38:55.080 --> 01:39:00.080]  Does the court have any standing not to sign?
[01:39:00.080 --> 01:39:02.080]  No
[01:39:02.080 --> 01:39:09.080]  So essentially within 21 days or a few days after that depending on when you can get in front of the judge
[01:39:09.080 --> 01:39:15.080]  You can get a signed order. Once you get a signed confirmation from the judge
[01:39:15.080 --> 01:39:16.080]  Yes
[01:39:16.080 --> 01:39:18.080]  What next?
[01:39:18.080 --> 01:39:26.080]  Well then you take that order from the judge and you file a copy, a certified copy
[01:39:26.080 --> 01:39:33.080]  And I'm going to do it in Phoenix, in the Maricopa County
[01:39:33.080 --> 01:39:39.080]  Because Phoenix has a lot of offices for the bank
[01:39:39.080 --> 01:39:44.080]  And I'm just going to foreclose on the bank, just like they did me
[01:39:44.080 --> 01:39:48.080]  So it's 21 days and you can go right for the throats
[01:39:48.080 --> 01:39:50.080]  You can go down and start hauling
[01:39:50.080 --> 01:39:57.080]  And you get an order from the judge authorizing you, but you have to get an order of foreclosure
[01:39:57.080 --> 01:39:59.080]  No
[01:39:59.080 --> 01:40:02.080]  No, you might need a writ of execution
[01:40:02.080 --> 01:40:04.080]  There we go
[01:40:04.080 --> 01:40:10.080]  So you petition a judge for a writ of execution of your judgment
[01:40:10.080 --> 01:40:14.080]  Of your, it's not a judgment of your award
[01:40:14.080 --> 01:40:19.080]  It is a judgment, it's a judgment just like any other judgment in any other court
[01:40:19.080 --> 01:40:23.080]  That's what the federal court does
[01:40:23.080 --> 01:40:26.080]  That's what a confirmation is
[01:40:26.080 --> 01:40:36.080]  Who confirms the judgment and authorizes you to execute foreclosure?
[01:40:36.080 --> 01:40:41.080]  You can go to any state or federal judge
[01:40:41.080 --> 01:40:46.080]  I prefer to do the federal judge for several reasons
[01:40:46.080 --> 01:40:51.080]  So once the federal judge signs the order, then you can
[01:40:51.080 --> 01:40:56.080]  You don't have to have anything else to go down there with the sheriff and start hauling
[01:40:56.080 --> 01:40:59.080]  Start throwing everybody out of the building
[01:40:59.080 --> 01:41:04.080]  Just a writ of execution, I guess, if they require that, yeah
[01:41:04.080 --> 01:41:07.080]  This seems pretty clean
[01:41:07.080 --> 01:41:09.080]  They do
[01:41:09.080 --> 01:41:15.080]  Another thing that you can do is, what I was going to do also is give them 30 days
[01:41:15.080 --> 01:41:20.080]  Send them a bill with a confirmed order
[01:41:20.080 --> 01:41:23.080]  I was going to give them 30 days
[01:41:23.080 --> 01:41:29.080]  I was going to send them 30 days from the day I filed for confirmation
[01:41:29.080 --> 01:41:36.080]  With the award and a bill and invoice saying, pay this in 30 days
[01:41:36.080 --> 01:41:39.080]  Or I'm going to go after punitive damages
[01:41:39.080 --> 01:41:45.080]  You know, I can get triple punitive damages from the arbitrator
[01:41:45.080 --> 01:41:47.080]  I can
[01:41:47.080 --> 01:41:49.080]  It's in the contract
[01:41:49.080 --> 01:41:53.080]  So you have an award now
[01:41:53.080 --> 01:41:58.080]  And what would trigger your right to triple punitive damages?
[01:41:58.080 --> 01:42:01.080]  If they did not comply within 30 days
[01:42:01.080 --> 01:42:05.080]  So you get the award, they don't pay the award within 30 days
[01:42:05.080 --> 01:42:07.080]  You can go for triple
[01:42:07.080 --> 01:42:08.080]  Yes
[01:42:08.080 --> 01:42:09.080]  That's beautiful
[01:42:09.080 --> 01:42:12.080]  Is there any notice you have to give them first?
[01:42:12.080 --> 01:42:14.080]  The invoice
[01:42:14.080 --> 01:42:16.080]  Just the invoice
[01:42:16.080 --> 01:42:26.080]  When we spoke earlier, didn't your lawyer, you're going to send an invoice and he objected to that?
[01:42:26.080 --> 01:42:30.080]  At first, yeah, because he thought that they could change it
[01:42:30.080 --> 01:42:33.080]  And since then I did a little bit more research on that
[01:42:33.080 --> 01:42:35.080]  And I said there's no way they can change it
[01:42:35.080 --> 01:42:37.080]  They have no choice
[01:42:37.080 --> 01:42:39.080]  They have to pay up
[01:42:39.080 --> 01:42:41.080]  The judge has no
[01:42:41.080 --> 01:42:43.080]  They did not appear
[01:42:43.080 --> 01:42:46.080]  They did not respond
[01:42:46.080 --> 01:42:48.080]  They did not object
[01:42:48.080 --> 01:42:57.080]  They have no standing to under Corpus Jurisicundum 155
[01:42:57.080 --> 01:42:59.080]  They have no standing
[01:42:59.080 --> 01:43:02.080]  Okay, just a point of order
[01:43:02.080 --> 01:43:06.080]  Do not reference Corpus Jurisicundum
[01:43:06.080 --> 01:43:09.080]  Corpus Jurisicundum is an encyclopedia
[01:43:09.080 --> 01:43:10.080]  I know
[01:43:10.080 --> 01:43:17.080]  Look in that spot at the case law, they cite it and cite the case law
[01:43:17.080 --> 01:43:18.080]  Yeah
[01:43:18.080 --> 01:43:21.080]  Is that a reason of objection? They'll say it's not good
[01:43:21.080 --> 01:43:25.080]  The encyclopedia is not controlling, but the case law is
[01:43:25.080 --> 01:43:26.080]  Yeah
[01:43:26.080 --> 01:43:32.080]  So, but the point is Corpus Jurisicundum has supported case law
[01:43:32.080 --> 01:43:36.080]  Yes, it says that they have no standing to object
[01:43:36.080 --> 01:43:39.080]  Now you can go for triple, holy mackerel
[01:43:39.080 --> 01:43:42.080]  Okay, hang on, about to go to break
[01:43:42.080 --> 01:43:47.080]  Randy Kelton, Brett Fountain, the rule of law radio
[01:43:47.080 --> 01:43:51.080]  I'm not going to give out the call, remember we're going to the last segment
[01:43:51.080 --> 01:43:53.080]  We'll be right back
[01:43:53.080 --> 01:44:03.080]  So we advance in technology, our lives have greatly improved
[01:44:03.080 --> 01:44:04.080]  Exactly
[01:44:04.080 --> 01:44:06.080]  Except in the area of nutrition
[01:44:06.080 --> 01:44:09.080]  People feed pets better than they feed themselves
[01:44:09.080 --> 01:44:11.080]  And it's time we changed all that
[01:44:11.080 --> 01:44:15.080]  Our primary defense against aging and disease in this toxic environment
[01:44:15.080 --> 01:44:17.080]  Is food nutrition
[01:44:17.080 --> 01:44:20.080]  In a world where natural foods have been irradiated
[01:44:20.080 --> 01:44:23.080]  Contracts
[01:44:23.080 --> 01:44:25.080]  Okay, we'll address that when we come back
[01:44:25.080 --> 01:44:27.080]  So the contracting, it's in the award
[01:44:27.080 --> 01:44:29.080]  The award says
[01:44:33.080 --> 01:44:40.080]  If it's not, if it's, they will address punitive damages
[01:44:40.080 --> 01:44:43.080]  Is what it says
[01:44:43.080 --> 01:44:46.080]  So you can request it
[01:44:46.080 --> 01:44:51.080]  Because I didn't ask for punitive damages
[01:44:51.080 --> 01:44:56.080]  And the way it was defined in the contract
[01:44:56.080 --> 01:44:59.080]  You have to go back and ask
[01:44:59.080 --> 01:45:03.080]  The QWR, I converted into a contract
[01:45:03.080 --> 01:45:08.080]  And it had specific rules
[01:45:08.080 --> 01:45:12.080]  And one of the rules was they have to respond in 10 days
[01:45:12.080 --> 01:45:16.080]  They would get two chances for a default
[01:45:16.080 --> 01:45:19.080]  Notice that three days each
[01:45:19.080 --> 01:45:22.080]  And after that it would go to arbitration
[01:45:22.080 --> 01:45:26.080]  And that they proved by not responding
[01:45:26.080 --> 01:45:28.080]  That they don't owe me money
[01:45:28.080 --> 01:45:30.080]  Meaning that they owe me damages
[01:45:30.080 --> 01:45:36.080]  And failing to produce, you know, to pay off those damages
[01:45:36.080 --> 01:45:43.080]  That punitive damages could exceed 10 million
[01:45:43.080 --> 01:45:45.080]  Is what it says
[01:45:47.080 --> 01:45:50.080]  By adding causes to it
[01:45:54.080 --> 01:45:56.080]  Notice an opportunity
[01:46:01.080 --> 01:46:03.080]  They ignored me completely
[01:46:03.080 --> 01:46:07.080]  That's kind of standard practice for the banks
[01:46:07.080 --> 01:46:09.080]  Randy, earlier you were talking about
[01:46:09.080 --> 01:46:11.080]  How could the bad guys turn this around
[01:46:11.080 --> 01:46:16.080]  And use this against us
[01:46:16.080 --> 01:46:19.080]  And that's where Tim was coming on
[01:46:19.080 --> 01:46:21.080]  He sent him an email
[01:46:21.080 --> 01:46:24.080]  He was coming on to talk about this chase
[01:46:24.080 --> 01:46:27.080]  Send him an email, tell him to call back in
[01:46:27.080 --> 01:46:29.080]  Tell him I'll bring him up
[01:46:29.080 --> 01:46:33.080]  I tried that
[01:46:33.080 --> 01:46:36.080]  Okay, okay, I'm going in
[01:46:36.080 --> 01:46:40.080]  See if you can get him and get him to call back in
[01:46:40.080 --> 01:46:42.080]  Okay, go on in
[01:46:49.080 --> 01:46:51.080]  Okay, we are back
[01:46:51.080 --> 01:46:54.080]  Randy Kelton, Brett Fountain, Ruval Radio
[01:46:54.080 --> 01:46:59.080]  And we're talking to Leslie in Yuma, Arizona
[01:46:59.080 --> 01:47:04.080]  And I was wondering what I was supposed to address
[01:47:04.080 --> 01:47:06.080]  I had so much going on in the break
[01:47:06.080 --> 01:47:09.080]  Leslie, what was I supposed to address directly?
[01:47:09.080 --> 01:47:12.080]  Well, we were talking about the damages
[01:47:12.080 --> 01:47:14.080]  The triple damages
[01:47:14.080 --> 01:47:17.080]  And how you got to the triple damages
[01:47:17.080 --> 01:47:19.080]  Oh, yes
[01:47:19.080 --> 01:47:22.080]  You were saying that was in the award
[01:47:22.080 --> 01:47:25.080]  The award said that it would be addressed
[01:47:25.080 --> 01:47:27.080]  As punitive damages would be addressed
[01:47:27.080 --> 01:47:29.080]  No, wait, it was in the contract
[01:47:29.080 --> 01:47:31.080]  In the contract
[01:47:31.080 --> 01:47:35.080]  You converted the qualified written request
[01:47:35.080 --> 01:47:40.080]  Into a contract by adding paragraphs to
[01:47:40.080 --> 01:47:42.080]  The qualified written request
[01:47:42.080 --> 01:47:45.080]  That went to binding arbitration
[01:47:45.080 --> 01:47:46.080]  Is that correct?
[01:47:46.080 --> 01:47:47.080]  Yes
[01:47:47.080 --> 01:47:51.080]  In there, there was a reference to triple damages
[01:47:51.080 --> 01:47:56.080]  They failed to timely cure the claim
[01:47:56.080 --> 01:47:58.080]  Right
[01:47:58.080 --> 01:48:01.080]  There was a reference to damages
[01:48:01.080 --> 01:48:04.080]  The only problem is that I didn't put in
[01:48:04.080 --> 01:48:07.080]  How the punitive damages would fall in
[01:48:07.080 --> 01:48:12.080]  So that when the court, when the award was written
[01:48:12.080 --> 01:48:17.080]  They said they couldn't address the damages
[01:48:17.080 --> 01:48:20.080]  That punitive damages would be addressed
[01:48:20.080 --> 01:48:28.080]  If they failed to comply with the order in 30 days
[01:48:28.080 --> 01:48:30.080]  Basically
[01:48:30.080 --> 01:48:33.080]  Okay, addressed
[01:48:33.080 --> 01:48:36.080]  They said that they would...
[01:48:36.080 --> 01:48:40.080]  They didn't use the word addressed
[01:48:40.080 --> 01:48:46.080]  Let me see if I can find it here
[01:48:46.080 --> 01:48:48.080]  That it would be...
[01:48:48.080 --> 01:48:52.080]  While you're looking, I'm taking this as instruction
[01:48:52.080 --> 01:49:00.080]  For everybody else on how to craft the contractual covenants
[01:49:00.080 --> 01:49:03.080]  That you add to the request you send them
[01:49:03.080 --> 01:49:07.080]  And we're talking about qualified written request
[01:49:07.080 --> 01:49:14.080]  As if that is some concrete hard and fast document
[01:49:14.080 --> 01:49:16.080]  It's not
[01:49:16.080 --> 01:49:23.080]  You have the right to ask the servicer for certain information
[01:49:23.080 --> 01:49:27.080]  All the information confirming their claim against you
[01:49:27.080 --> 01:49:33.080]  So there's nothing to prevent you from adding notice and opportunity
[01:49:33.080 --> 01:49:39.080]  Clauses that amount to a notice and opportunity within the qualified written request
[01:49:39.080 --> 01:49:45.080]  We do have Tim and he had comments on this issue
[01:49:45.080 --> 01:49:47.080]  Tim?
[01:49:47.080 --> 01:49:53.080]  Yeah, I mean, I'm going to tell you that what Leslie's talking about
[01:49:53.080 --> 01:49:56.080]  Is way over my head, but just so happened
[01:49:56.080 --> 01:49:59.080]  Apparently, I think it was today...
[01:49:59.080 --> 01:50:01.080]  No, it was June the 3rd
[01:50:01.080 --> 01:50:06.080]  June the 3rd that J.P. Morgan, Chase Bank
[01:50:06.080 --> 01:50:12.080]  Has sent out an update to their contract with their credit card holders
[01:50:12.080 --> 01:50:15.080]  And it's about forced arbitration
[01:50:15.080 --> 01:50:19.080]  So they put that in there and they call it an abusive practice
[01:50:19.080 --> 01:50:23.080]  Largely invented by conservatives on the Supreme Court
[01:50:23.080 --> 01:50:29.080]  And I think it has to do with what she's talking about
[01:50:29.080 --> 01:50:32.080]  She's using it to her advantage
[01:50:32.080 --> 01:50:34.080]  And they're not seeing it
[01:50:34.080 --> 01:50:36.080]  It's buried in the paperwork
[01:50:36.080 --> 01:50:39.080]  And that's what Chase is thinking on
[01:50:39.080 --> 01:50:43.080]  That their customers will just throw it in the trash
[01:50:43.080 --> 01:50:46.080]  And not say, well, we don't want forced arbitration
[01:50:46.080 --> 01:50:49.080]  Because it does a way, I think, with their due process
[01:50:49.080 --> 01:50:52.080]  You'd have to read the article for yourself to see
[01:50:52.080 --> 01:50:56.080]  But they have till August is what they said
[01:50:56.080 --> 01:51:01.080]  When they sent them out, they now have till August to answer that
[01:51:01.080 --> 01:51:05.080]  Is that the same thing she's talking about?
[01:51:05.080 --> 01:51:07.080]  Leslie is...
[01:51:07.080 --> 01:51:09.080]  It is the same
[01:51:09.080 --> 01:51:10.080]  It is the same, yes
[01:51:10.080 --> 01:51:13.080]  I got a copy of that, I have three accounts with Chase
[01:51:13.080 --> 01:51:16.080]  And I did get three copies of that thing that says
[01:51:16.080 --> 01:51:20.080]  Respond by this date for binding arbitration
[01:51:20.080 --> 01:51:23.080]  But the thing is, is that when I have an account like that
[01:51:23.080 --> 01:51:26.080]  I don't keep a balance, I pay it off in 30 days
[01:51:26.080 --> 01:51:29.080]  But it's still the same practice
[01:51:29.080 --> 01:51:32.080]  Oh, yeah, exactly the same
[01:51:32.080 --> 01:51:33.080]  Exactly the same
[01:51:33.080 --> 01:51:35.080]  We just turn the tables on them
[01:51:35.080 --> 01:51:37.080]  They took one step farther
[01:51:37.080 --> 01:51:40.080]  Chase not only said you need to respond
[01:51:40.080 --> 01:51:42.080]  And opt out of this
[01:51:42.080 --> 01:51:46.080]  But they also said, oh, but you have to respond via snail mail
[01:51:46.080 --> 01:51:50.080]  And you have to respond to this particular PO box
[01:51:50.080 --> 01:51:52.080]  You can't send to the normal addresses
[01:51:52.080 --> 01:51:55.080]  Or you can't respond, even though we emailed this to you
[01:51:55.080 --> 01:51:57.080]  You can't just reply to the email
[01:51:57.080 --> 01:52:01.080]  Or any other ways that you would normally communicate with us
[01:52:01.080 --> 01:52:05.080]  You can only respond via this new special PO box
[01:52:05.080 --> 01:52:08.080]  So that we can claim we didn't get it
[01:52:08.080 --> 01:52:10.080]  Yeah, yeah
[01:52:10.080 --> 01:52:12.080]  Randy, I found the clause here
[01:52:12.080 --> 01:52:15.080]  It says, in the event that respondent fails to comply
[01:52:15.080 --> 01:52:17.080]  With the decision of this award
[01:52:17.080 --> 01:52:20.080]  This arbitrator may revisit this matter to award claimant
[01:52:20.080 --> 01:52:22.080]  With the punitive damages
[01:52:22.080 --> 01:52:26.080]  That's funny
[01:52:26.080 --> 01:52:28.080]  Wait a minute, Leslie
[01:52:28.080 --> 01:52:34.080]  Are you actually using abusive practices against the bank?
[01:52:34.080 --> 01:52:36.080]  Yeah
[01:52:36.080 --> 01:52:38.080]  Don't you feel bad about that?
[01:52:38.080 --> 01:52:41.080]  Nope, they abused me enough
[01:52:41.080 --> 01:52:44.080]  I'm getting my money for it
[01:52:44.080 --> 01:52:49.080]  I agree with Tim laughing there in the background
[01:52:49.080 --> 01:52:53.080]  That's what I was going to say
[01:52:53.080 --> 01:52:57.080]  This is how we beat them
[01:52:57.080 --> 01:53:02.080]  The comment earlier about, I didn't write the law, I just read it
[01:53:02.080 --> 01:53:04.080]  Exactly
[01:53:04.080 --> 01:53:08.080]  We take your tools and cram them down your throat
[01:53:08.080 --> 01:53:11.080]  This is what I've always liked about Leslie
[01:53:11.080 --> 01:53:17.080]  This has been her tool, her ability
[01:53:17.080 --> 01:53:20.080]  To take their own laws and their own rules
[01:53:20.080 --> 01:53:23.080]  And cram them right down their throats
[01:53:23.080 --> 01:53:31.080]  Okay, Tim, I think one of your chickens
[01:53:31.080 --> 01:53:34.080]  You're in the background, I hear it cackling
[01:53:34.080 --> 01:53:40.080]  I hope all this is down
[01:53:40.080 --> 01:53:45.080]  Anyone who's listening or anyone who listens to the archives
[01:53:45.080 --> 01:53:50.080]  I know I've kind of pressed Leslie for details
[01:53:50.080 --> 01:53:54.080]  But I consider this way too important
[01:53:54.080 --> 01:53:58.080]  For us to leave anything to chance
[01:53:58.080 --> 01:54:02.080]  Now, we have spoken to a qualified written request
[01:54:02.080 --> 01:54:10.080]  But I can't imagine that this is restricted to that
[01:54:10.080 --> 01:54:14.080]  This goes to any contractual agreement
[01:54:14.080 --> 01:54:18.080]  Leslie, am I correct in that regard?
[01:54:18.080 --> 01:54:20.080]  Yeah, absolutely
[01:54:20.080 --> 01:54:24.080]  This is something that's totally an arbitration clause
[01:54:24.080 --> 01:54:29.080]  Can be put in any agreement at all
[01:54:29.080 --> 01:54:34.080]  The thing is that both parties have to agree
[01:54:34.080 --> 01:54:41.080]  Or in this case, like we did, they were obligated to respond to me
[01:54:41.080 --> 01:54:45.080]  And because they were obligated to respond to me
[01:54:45.080 --> 01:54:49.080]  I had to put in there that failure to respond to me
[01:54:49.080 --> 01:54:54.080]  Is a tacit agreement that you don't have a claim
[01:54:54.080 --> 01:54:58.080]  And that you agree to this contract, period
[01:54:58.080 --> 01:55:00.080]  Because they had to respond to me
[01:55:00.080 --> 01:55:04.080]  Because they did not meant that they don't have a claim
[01:55:04.080 --> 01:55:06.080]  And the only way to get it was...
[01:55:06.080 --> 01:55:12.080]  So a failure to respond becomes collateral estoppel?
[01:55:12.080 --> 01:55:15.080]  Yes
[01:55:15.080 --> 01:55:18.080]  You can't come back later
[01:55:18.080 --> 01:55:23.080]  And by failing to respond, you took a position
[01:55:23.080 --> 01:55:24.080]  Yes
[01:55:24.080 --> 01:55:30.080]  You collateral estopped from taking a opposing position later
[01:55:30.080 --> 01:55:34.080]  You know, they really could have answered me
[01:55:34.080 --> 01:55:38.080]  They could have done like the Bank of New York
[01:55:38.080 --> 01:55:41.080]  Or US Bank or whatever it was
[01:55:41.080 --> 01:55:45.080]  Some of the people said, well, we're not involved with this
[01:55:45.080 --> 01:55:49.080]  Or they could have said, we really don't have a claim
[01:55:49.080 --> 01:55:51.080]  And we don't want to be any part of this
[01:55:51.080 --> 01:55:54.080]  We disagree with this
[01:55:54.080 --> 01:55:59.080]  And you could say, well, that gives the arbitrator a chance to say
[01:55:59.080 --> 01:56:02.080]  Well, they said they weren't part of this, you know
[01:56:02.080 --> 01:56:05.080]  But it's up to the arbitrator to say that
[01:56:05.080 --> 01:56:07.080]  Do you understand what I mean?
[01:56:07.080 --> 01:56:12.080]  If they didn't respond to each point, that's a non-response
[01:56:12.080 --> 01:56:15.080]  So if they didn't respond and they said
[01:56:15.080 --> 01:56:18.080]  If they didn't respond to the questions
[01:56:18.080 --> 01:56:21.080]  And all they said was, we're really not part of this
[01:56:21.080 --> 01:56:23.080]  We don't want to have anything to do with this
[01:56:23.080 --> 01:56:26.080]  That doesn't mean they don't have anything to do with us
[01:56:26.080 --> 01:56:31.080]  That's up to the arbitrator to decide
[01:56:31.080 --> 01:56:34.080]  Did they answer the questions? No
[01:56:34.080 --> 01:56:36.080]  So is that a non-response?
[01:56:36.080 --> 01:56:38.080]  Yes
[01:56:38.080 --> 01:56:41.080]  Is it non-responsive tacit agreement?
[01:56:41.080 --> 01:56:43.080]  Yes
[01:56:43.080 --> 01:56:45.080]  That's a good point you're making
[01:56:45.080 --> 01:56:52.080]  If they file a response that is non-responsive
[01:56:52.080 --> 01:56:55.080]  But they file an answer that's non-responsive
[01:56:55.080 --> 01:56:59.080]  Like I spoke to the kick of legislation
[01:56:59.080 --> 01:57:03.080]  Where Cooley charged their client $5 million
[01:57:03.080 --> 01:57:07.080]  And they filed this response to the SEC suit
[01:57:07.080 --> 01:57:10.080]  And they argued all this stuff
[01:57:10.080 --> 01:57:16.080]  But none of it went to the accusation the SEC made
[01:57:16.080 --> 01:57:19.080]  So while they filed an answer
[01:57:19.080 --> 01:57:22.080]  Their answer was non-responsive
[01:57:22.080 --> 01:57:23.080]  Right
[01:57:23.080 --> 01:57:26.080]  So even if they file an answer, look at the answer
[01:57:26.080 --> 01:57:30.080]  Does it go to the issues before the court?
[01:57:30.080 --> 01:57:35.080]  The deal is if you don't have any legal grounds
[01:57:35.080 --> 01:57:37.080]  Then you argue facts
[01:57:37.080 --> 01:57:40.080]  If you have legal grounds, you argue law
[01:57:40.080 --> 01:57:42.080]  But if you don't have legal grounds, you argue facts
[01:57:42.080 --> 01:57:46.080]  And the Cooley lawyers argue facts
[01:57:46.080 --> 01:57:48.080]  No law
[01:57:48.080 --> 01:57:50.080]  Nothing that went to the issue at hand
[01:57:50.080 --> 01:57:56.080]  So the point is an answer is not a response
[01:57:56.080 --> 01:57:59.080]  A response specifically addresses the issue
[01:57:59.080 --> 01:58:01.080]  So if it doesn't address the issue
[01:58:01.080 --> 01:58:03.080]  Objection non-responsive
[01:58:03.080 --> 01:58:04.080]  Right
[01:58:04.080 --> 01:58:06.080]  I ask you a question in court
[01:58:06.080 --> 01:58:08.080]  And you answer a different question
[01:58:08.080 --> 01:58:11.080]  Then I ask, objection non-responsive
[01:58:11.080 --> 01:58:14.080]  Okay, we are running out of time
[01:58:14.080 --> 01:58:15.080]  This has been a great show
[01:58:15.080 --> 01:58:17.080]  Thank you, Leslie
[01:58:17.080 --> 01:58:18.080]  Thank you, Tim
[01:58:18.080 --> 01:58:21.080]  Tim, I really liked your cackling in the background
[01:58:21.080 --> 01:58:23.080]  That was really good
[01:58:23.080 --> 01:58:25.080]  No problem, no problem
[01:58:25.080 --> 01:58:27.080]  Okay, thank you all for listening
[01:58:27.080 --> 01:58:29.080]  We will be back next week
[01:58:29.080 --> 01:58:30.080]  Thursday night show
[01:58:30.080 --> 01:58:32.080]  And make sure you check out Eddie Craig
[01:58:32.080 --> 01:58:35.080]  On Monday night on his traffic show
[01:58:35.080 --> 01:58:37.080]  At 8 p.m. Central
[01:58:37.080 --> 01:58:39.080]  We'll be back next week
[01:58:39.080 --> 01:58:41.080]  Thank you all for listening
[01:58:41.080 --> 01:59:08.080]  And good night
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[01:59:44.080 --> 01:59:49.080]  Or visit us online at bfa.org
[01:59:49.080 --> 01:59:52.080]  Looking for some truth?
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