[00:00.000 --> 00:05.320] The Bill of Rights contains the first 10 amendments of our Constitution. [00:05.320 --> 00:09.360] They guarantee the specific freedoms Americans should know and protect. [00:09.360 --> 00:10.800] Our liberty depends on it. [00:10.800 --> 00:14.760] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [00:14.760 --> 00:16.840] your First Amendment rights. [00:16.840 --> 00:18.440] Privacy is under attack. [00:18.440 --> 00:22.040] When you give up data about yourself, you'll never get it back again. [00:22.040 --> 00:26.800] And once your privacy is gone, you'll find your freedoms will start to vanish too. [00:26.800 --> 00:31.960] So protect your rights, say no to surveillance, and keep your information to yourself. [00:31.960 --> 00:34.560] Privacy, it's worth hanging on to. [00:34.560 --> 00:38.840] This public service announcement is brought to you by Startpage.com, the private search [00:38.840 --> 00:42.400] engine alternative to Google, Yahoo, and Bing. [00:42.400 --> 00:44.720] Start over with Startpage. [00:44.720 --> 00:47.680] Spar, it's what fighters do. [00:47.680 --> 00:50.720] It's also how I remember the five guarantees of the First Amendment. [00:50.720 --> 00:54.360] If you plan to take away my rights, I'm going to spar with you. [00:54.360 --> 01:01.520] Spar with an extra P, S for speech, P for press, another P for petition, A for assembly, [01:01.520 --> 01:02.880] and R for religion. [01:02.880 --> 01:06.960] Most Americans are familiar with the First Amendment guarantees of free speech, press, [01:06.960 --> 01:08.440] assembly, and religion. [01:08.440 --> 01:10.800] But petition for redress is another matter. [01:10.800 --> 01:14.520] We have the right to petition the government for a redress of grievances. [01:14.520 --> 01:18.040] It means that if we're unhappy with what's going on in our government, we can spell out [01:18.040 --> 01:20.680] the reasons without fear of being thrown into jail. [01:20.680 --> 01:22.640] I'm Dr. Catherine Albrecht. [01:22.640 --> 01:31.000] More news and information at CatherineAlbrecht.com. [01:31.000 --> 01:34.280] The Bill of Rights contains the first 10 amendments of our Constitution. [01:34.280 --> 01:38.120] They guarantee the specific freedoms Americans should know and protect. [01:38.120 --> 01:39.600] Our liberty depends on it. [01:39.600 --> 01:43.480] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember [01:43.480 --> 01:46.620] one of your constitutional rights. [01:46.620 --> 01:48.200] Privacy is under attack. [01:48.200 --> 01:51.800] When you give up data about yourself, you'll never get it back again. [01:51.800 --> 01:56.600] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:56.600 --> 02:01.720] So protect your rights, say no to surveillance, and keep your information to yourself. [02:01.720 --> 02:04.360] Privacy, it's worth hanging on to. [02:04.360 --> 02:08.640] This public service announcement is brought to you by StartPage.com, the private search [02:08.640 --> 02:12.180] engine alternative to Google, Yahoo, and Bing. [02:12.180 --> 02:14.280] Start over with StartPage. [02:14.280 --> 02:20.120] When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill [02:20.120 --> 02:22.200] of Rights in a big old bear hug. [02:22.200 --> 02:26.680] It's how I remember that the Second Amendment guarantees us the right to bear arms, arms [02:26.680 --> 02:30.520] that embrace our freedoms and won't let anyone take them away without a fight. [02:30.520 --> 02:31.520] Get it? [02:31.520 --> 02:33.840] Two arms, bear hug, bear arms? [02:33.840 --> 02:37.440] The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well [02:37.440 --> 02:38.440] when he said, [02:38.440 --> 02:43.600] "...the right of the citizens to bear arms is just one guarantee against arbitrary government, [02:43.600 --> 02:48.680] one more safeguard against the tyranny which now appears remote in America, but which historically [02:48.680 --> 02:50.600] has proved to always be possible." [02:50.600 --> 02:52.360] I'm Dr. Catherine Albrecht. [02:52.360 --> 03:21.240] More news and information at CatherineAlbrecht.com. [03:23.360 --> 03:45.320] the right of the citizens to bear arms is just one guarantee against arbitrary government, [03:45.320 --> 04:03.160] one more safeguard against the tyranny which now appears remote in America, but which [04:03.160 --> 04:23.000] now appears remote in America, but which now appears remote in America, but which now [04:23.000 --> 04:41.320] appears remote in America, but which now appears remote in America, but which now appears [04:41.320 --> 05:00.120] remote in America, but which now appears remote in America, but which now appears [05:00.120 --> 05:09.120] remote in America, but which now appears remote in America, but which now appears remote [05:09.120 --> 05:13.640] I am going to turn the phone lines on. [05:13.640 --> 05:20.880] The call in number 512-646-1984 will be taking your calls all night. [05:20.880 --> 05:24.360] So if you have a question or comment, give us a call. [05:24.360 --> 05:29.360] I'm going to start out talking about a document I got in the mail today. [05:29.360 --> 05:38.480] I helped a woman file a suit in Arizona in the state court against a lender. [05:38.480 --> 05:43.080] And we did that because filing in the state was cheaper and easier than filing in the [05:43.080 --> 05:44.080] Fed. [05:44.080 --> 05:50.000] Filing in the Fed, they get real finicky and picky about minor little things. [05:50.000 --> 05:51.320] So we just filed it in the state. [05:51.320 --> 05:54.880] The state wasn't very picky. [05:54.880 --> 06:00.120] And knowing that the other side would immediately remove it to the Fed, and that's just exactly [06:00.120 --> 06:02.360] what they did. [06:02.360 --> 06:10.080] And then the Fed sent us a notice about a Rule 12-B-6 motion. [06:10.080 --> 06:14.360] I had never seen anything like this before. [06:14.360 --> 06:19.360] Rule 12-B-6 has been a problem. [06:19.360 --> 06:28.840] The courts claimed that they did not intend in Ashcroft v. Twombly to raise the pleading [06:28.840 --> 06:31.360] standards, but that's exactly what they did. [06:31.360 --> 06:32.360] What was it? [06:32.360 --> 06:33.360] Ashcroft v. Ickball? [06:33.360 --> 06:34.360] I'm getting... [06:34.360 --> 06:35.360] Or Bell v. Twombly. [06:35.360 --> 06:41.440] Yeah, Bell, Twombly, Ashcroft, Ickball. [06:41.440 --> 06:45.600] They did not intend to raise the pleading standards, but that's precisely what they [06:45.600 --> 06:46.600] did. [06:46.600 --> 06:55.120] I just got a notice that a 12-B-6 motion is disfavored if it can be corrected by an [06:55.120 --> 06:58.120] amended pleading. [06:58.120 --> 07:06.120] And they required the parties to confer before a 12-B-6 motion was filed. [07:06.120 --> 07:15.280] And the 12-B-6 motion could only be filed on certification of conference with opposing [07:15.280 --> 07:16.280] party. [07:16.280 --> 07:17.280] Hmm. [07:17.280 --> 07:25.200] Did they have any local rules that said that the meet and confer requirement doesn't apply [07:25.200 --> 07:27.280] to unrepresented pro se? [07:27.280 --> 07:29.280] No, this was... [07:29.280 --> 07:31.640] They made it a point. [07:31.640 --> 07:37.400] They sent some documents for unrepresented pro se, so it definitely applies to unrepresented [07:37.400 --> 07:38.400] pro se. [07:38.400 --> 07:44.680] So are they going for this Rule 26 conference stuff? [07:44.680 --> 07:47.800] They didn't say Rule 26. [07:47.800 --> 07:57.440] They just said a conference to determine if the 12-B-6 motion could be corrected by an [07:57.440 --> 08:00.000] amended pleading. [08:00.000 --> 08:04.520] So in other words, by amended, what they're saying is go do all that nitpicking stuff [08:04.520 --> 08:08.000] that she didn't want to have to deal with in the first place? [08:08.000 --> 08:09.000] Yeah. [08:09.000 --> 08:14.320] Yeah, do all that nitpicking stuff before you bring it to us. [08:14.320 --> 08:20.760] After Iqbal, every single federal lawsuit got a 12-B-6. [08:20.760 --> 08:25.600] So are you going to tell her she needs to do a handwritten one? [08:25.600 --> 08:27.920] No, I'm going to do it. [08:27.920 --> 08:31.400] She wrote me power of attorney. [08:31.400 --> 08:33.720] They're going to have to talk to me. [08:33.720 --> 08:37.440] They have a conference. [08:37.440 --> 08:41.560] They're going to have to tell me what they think's wrong with it. [08:41.560 --> 08:50.120] And if I think I can fix it, then I'll fix it. [08:50.120 --> 08:55.560] They're going to say that we failed to state a claim. [08:55.560 --> 08:57.560] I don't know what they're going to say. [08:57.560 --> 09:08.240] I've got another one that I filed that's or I'm about to file that are not exactly timely. [09:08.240 --> 09:13.720] I've got one that's about seven years old, a guy that lost three condominiums. [09:13.720 --> 09:16.240] Seven years? [09:16.240 --> 09:21.040] Well, I'm claiming fraud. [09:21.040 --> 09:23.120] And he didn't know about the fraud. [09:23.120 --> 09:24.520] Oh, okay. [09:24.520 --> 09:32.600] So he went to, he was a, they might consider him a sophisticated purchaser in this case [09:32.600 --> 09:38.120] because he purchased three condos. [09:38.120 --> 09:44.040] It wasn't exactly residential property. [09:44.040 --> 09:47.260] It was residential property, but he bought three of them. [09:47.260 --> 09:51.160] So that'll make him a sophisticated purchaser. [09:51.160 --> 09:58.800] And he also owns an apartment building and a warehouse building in Illinois. [09:58.800 --> 10:01.800] So they're going to call him a sophisticated purchaser. [10:01.800 --> 10:13.040] But we're going to say that he hired a title company to ensure that all of the closing [10:13.040 --> 10:20.620] documentation was correct and within legal parameters. [10:20.620 --> 10:24.160] And he acted in good faith with the title company. [10:24.160 --> 10:32.800] But he found out years later that the lenders tended to commit fraud on the HUD-1 settlement [10:32.800 --> 10:35.800] statement. [10:35.800 --> 10:43.420] So we sued asking them to prove up the fees on the HUD-1 settlement statement. [10:43.420 --> 10:50.760] And we're going to claim this fraud was not available to him because he acted in good [10:50.760 --> 10:52.120] faith with the title company. [10:52.120 --> 10:56.040] The title company helped to hide the fraud. [10:56.040 --> 11:02.160] It wasn't until he found out by other means that this kind of fraud was occurring, he [11:02.160 --> 11:04.640] had acted in good faith. [11:04.640 --> 11:08.360] And now that he's found it out, the fraud start, clock starts ticking. [11:08.360 --> 11:11.040] Well, they're going to say, no, it doesn't. [11:11.040 --> 11:17.520] They're going to scream statute of limitations, but not in this one. [11:17.520 --> 11:21.600] In this one, they didn't get to statute of limitations. [11:21.600 --> 11:26.520] They just foreclosed a few months, a couple of months ago. [11:26.520 --> 11:34.160] So we're going to get the overages, a quarter of a million in overages. [11:34.160 --> 11:42.940] And then we're suing them for the intended fraud. [11:42.940 --> 11:48.800] We're saying all of these fees on the HUD-1 settlement statement were fraudulent. [11:48.800 --> 11:56.880] However, since they failed to provide documentation to show that the fees were not otherwise forbidden [11:56.880 --> 12:03.520] to be charged by law, because the Real Estate Settlement Procedures Act forbids the lender [12:03.520 --> 12:13.600] to charge a fee that is the normal part of doing business, like for instance, creating [12:13.600 --> 12:19.560] the documents necessary to create the mortgage. [12:19.560 --> 12:23.240] I mean, that's a part of every transaction. [12:23.240 --> 12:27.800] But on every one of these HUD-1 settlement statements, you'll see document preparation [12:27.800 --> 12:28.800] fee. [12:28.800 --> 12:30.200] Do they have a fee for that? [12:30.200 --> 12:33.520] Yeah, it's only three or four hundred bucks. [12:33.520 --> 12:35.680] So if you opt out of that, you get nothing. [12:35.680 --> 12:39.600] There's no way for them to prepare and do anything of their whole service. [12:39.600 --> 12:44.680] Yeah, that's a normal part of doing business. [12:44.680 --> 12:54.000] But they put it on the HUD-1 and they did not provide documentation to show how those [12:54.000 --> 13:01.000] costs were generated in a way that would be allowed to be charged by the HUD-1 settlement [13:01.000 --> 13:06.200] statement, by the Real Estate Settlement Procedures Act. [13:06.200 --> 13:15.240] And they didn't show that the services that were charged for were actually rendered, that [13:15.240 --> 13:22.760] the fees charged were reasonable, that the services were necessary, and that the amount [13:22.760 --> 13:38.200] that the lender did not take and the commission and the portion of the fees lost the word [13:38.200 --> 13:39.200] bread. [13:39.200 --> 13:40.200] Hmm. [13:40.200 --> 13:45.680] It sounds like you're reading, well, that you've got that pretty much memorized, like [13:45.680 --> 13:51.680] you're going through a checklist of items that are, is that part of that RESPA? [13:51.680 --> 13:57.440] That is the Real Estate Settlement Procedures Act. [13:57.440 --> 14:01.920] Did not take an undisclosed markup on the amounts charged. [14:01.920 --> 14:05.280] That's what the Real Estate Settlement Procedures Act says. [14:05.280 --> 14:08.680] So they didn't demonstrate any of that. [14:08.680 --> 14:13.880] So we've asked them to prove up these fees and each one they prove up, we deduct from [14:13.880 --> 14:17.920] the calculation. [14:17.920 --> 14:24.200] We maintain that all of these fees, since they're added to the head of the note, will [14:24.200 --> 14:28.960] be the last portion of the note that's paid off. [14:28.960 --> 14:35.800] So we'll be paying interest on that money for 30 years. [14:35.800 --> 14:42.120] And the thing about fraud is, if you could show $35 in fraud, that's all you need. [14:42.120 --> 14:44.960] That's enough to resend a mortgage. [14:44.960 --> 14:51.960] But since the mortgage has already been foreclosed on, now we're going to go in and ask for [14:51.960 --> 14:55.360] punitive damages. [14:55.360 --> 15:03.880] So if you take a HUD-1 settlement statement and look on line 1400. [15:03.880 --> 15:12.080] Now you have line 1400, column A and column B. Column A is what you pay. [15:12.080 --> 15:14.760] Column B is what the seller pays. [15:14.760 --> 15:17.440] But here's the deal. [15:17.440 --> 15:23.400] Anything the seller doesn't have to pay, I'm sorry, backwards, anything the seller [15:23.400 --> 15:29.300] has to pay gets added to the selling price. [15:29.300 --> 15:32.840] So you pay both of them. [15:32.840 --> 15:36.200] The seller's not going to lose money selling his house. [15:36.200 --> 15:37.280] You're going to have to pay it all. [15:37.280 --> 15:43.920] So we take both those numbers and add them together and say, this amount of money is [15:43.920 --> 15:44.920] fraudulent. [15:44.920 --> 15:55.200] And we subtract it from the first payment as an overpayment and run a 30-year amortization [15:55.200 --> 15:58.680] on the note. [15:58.680 --> 16:06.040] When you run an amortization, the amortization takes your input data, your principal and [16:06.040 --> 16:12.520] interest and term, and calculates a monthly payment. [16:12.520 --> 16:21.280] So we take the amortization that has calculated the monthly payment based on the agreed to [16:21.280 --> 16:31.120] principal interest and term, and we subtract the amount of the line 1400 from it. [16:31.120 --> 16:35.640] We don't recalculate the payment amount. [16:35.640 --> 16:43.400] So they pay the amount that the lender told you to pay for 30 years, you'll generally [16:43.400 --> 16:50.040] zero out between 200 and 240 payments. [16:50.040 --> 16:54.560] The rest of them to 360 are overpayments. [16:54.560 --> 17:00.200] In this case, we've got 70 something thousand, we'll be right back. [17:00.200 --> 17:05.280] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [17:05.280 --> 17:08.960] Stop debt collectors now with the Michael Mears Proven Method. [17:08.960 --> 17:13.280] Michael Mears has won six cases in federal court against debt collectors, and now you [17:13.280 --> 17:14.600] can win two. [17:14.600 --> 17:19.120] You'll get step-by-step instructions in plain English on how to win in court using federal [17:19.120 --> 17:25.000] civil rights statutes, what to do when contacted by phone, mail, or court summons, how to answer [17:25.000 --> 17:29.520] letters and phone calls, how to get debt collectors out of your credit report, how to turn the [17:29.520 --> 17:33.720] financial tables on them and make them pay you to go away. [17:33.720 --> 17:38.840] The Michael Mears Proven Method is the solution for how to stop debt collectors. [17:38.840 --> 17:40.760] Personal consultation is available as well. [17:40.760 --> 17:46.600] For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner, [17:46.600 --> 17:49.480] or email michaelmears at yahoo.com. [17:49.480 --> 17:58.980] That's ruleoflawradio.com, or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt [17:58.980 --> 18:01.420] collectors now. [18:01.420 --> 18:05.840] Are you looking to have a closer relationship with God and a better understanding of His [18:05.840 --> 18:06.840] Word? [18:06.840 --> 18:11.960] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central time for Scripture [18:11.960 --> 18:18.360] Talk, where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15. [18:18.360 --> 18:22.880] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly [18:22.880 --> 18:25.280] dividing the word of truth. [18:25.280 --> 18:29.260] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse [18:29.260 --> 18:32.560] by verse and discuss the true Gospel message. [18:32.560 --> 18:37.200] Our second hour topical studies will vary each week with discussions on sound doctrine [18:37.200 --> 18:39.580] and Christian character development. [18:39.580 --> 18:44.080] We wish to reflect God's light and be a blessing to all those with a hearing ear. [18:44.080 --> 18:48.400] Our goal is to strengthen our faith and to transform ourselves more into the likeness [18:48.400 --> 18:50.680] of our Lord and Savior Jesus. [18:50.680 --> 18:57.320] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and [18:57.320 --> 18:59.320] motivate your studies of the Scriptures. [19:27.320 --> 19:37.320] I wonder what they are, they don't have the answer, open up your body, maybe ask the question, [19:37.320 --> 19:44.320] look what we get, and they don't have the answer, I'm sloping, slipping, sliding. [19:44.320 --> 19:49.320] They may talk about three ships per sea, Lord, how they want we to make it easy, they may [19:49.320 --> 19:55.320] talk way too politically and them getting mad and angry, but them not standing up and [19:55.320 --> 20:02.320] fight and fight for the freedom and be free, and they like them love slavery and get handouts [20:02.320 --> 20:03.320] from the government. [20:03.320 --> 20:12.320] Look what we get, we ask the question, I wonder what they are, they don't have the answer, [20:12.320 --> 20:22.320] open up your body, we ask the question, look what we get, and they don't have the answer, [20:22.320 --> 20:25.320] I'm sloping, slipping, sliding. [20:25.320 --> 20:29.320] Here I am, they tear you, they tear me, Lord, they tear the country. [20:29.320 --> 20:34.320] Here I am, they tear me, they tear you, and they tear the country. [20:34.320 --> 20:39.320] They don't tear up the Constitution, they rip it in three, they give them booty. [20:39.320 --> 20:45.320] You don't see how this country, how they lead we, they lead way you see. [20:45.320 --> 20:47.320] Like we're blind and we're crazy, they lead way you see. [20:47.320 --> 20:56.320] We're back, Randy Kelkin, Brett Fountain, Blue Flow Radio, and on this one, we ran the [20:56.320 --> 20:57.320] calculation. [20:57.320 --> 21:07.320] And it showed that over the life of the note, they would have overpaid a $133,000 note. [21:07.320 --> 21:15.320] This $133,000 note had a $12,000 closing fee on it. [21:15.320 --> 21:19.320] That was outrageous. [21:19.320 --> 21:28.320] Generally, on a $100,000 note, you'll get between $12,000 to $15,000 to $2,000. [21:28.320 --> 21:31.320] This was $12,000. [21:31.320 --> 21:38.320] So we took $12,650-something off the head of the note. [21:38.320 --> 21:44.320] Over the life of the note, they'd overpay the note, I think it was $71,000. [21:44.320 --> 21:52.320] In a matter of fraud, you do not sue for the amount you were actually defrauded of. [21:52.320 --> 22:00.320] You sue for the amount you would have been defrauded of had their plan ran to fruition. [22:00.320 --> 22:05.320] Except you don't sue for that amount either. [22:05.320 --> 22:08.320] You sue for triple. [22:08.320 --> 22:15.320] So this gives us right at a quarter of a million dollar claim against them on a $133,000 note. [22:15.320 --> 22:18.320] Yeah, 70-something tripled. [22:18.320 --> 22:19.320] So let's dance. [22:19.320 --> 22:22.320] Let me ask you a quick question. [22:22.320 --> 22:31.320] With this multiplier of three, is there any chance that you would use some other higher multiplier for punitive damages? [22:31.320 --> 22:34.320] There are no higher multipliers. [22:34.320 --> 22:37.320] Punitive is treble. [22:37.320 --> 22:47.320] There may be some special case statutes that have something different, but for this it's just a straight-up fraud, fraud by nondisclosure. [22:47.320 --> 22:49.320] That's the claim I made. [22:49.320 --> 22:51.320] They disclosed these fees. [22:51.320 --> 22:56.320] They made a voluntary disclosure of these fees. [22:56.320 --> 23:09.320] Under fraud by nondisclosure, the perpetrator, the defendant must make a proactive voluntary statement. [23:09.320 --> 23:22.320] And they must intend that the other party take the statement as true. [23:22.320 --> 23:32.320] The other party must have no way to determine if the statement is fraudulent, is false or not. [23:32.320 --> 23:42.320] The opposite party must accept the statement as true. [23:42.320 --> 23:50.320] They must make a decision based on their acceptance of the truth, and they must be harmed thereby. [23:50.320 --> 23:54.320] So we had to argue each one of those. [23:54.320 --> 23:59.320] So when you say proactive, let me just get this straight. [23:59.320 --> 24:11.320] So the lender or the one charging all those $12,000 fees, if they had not said anything about what these fees are, then you couldn't go after them, right? [24:11.320 --> 24:12.320] No, no, no. [24:12.320 --> 24:13.320] But because they decided... [24:13.320 --> 24:21.320] When they said, we're charging these fees, that's the proactive statement. [24:21.320 --> 24:24.320] If they hadn't mentioned fees at all, no problem. [24:24.320 --> 24:26.320] But they said, you owe these fees. [24:26.320 --> 24:29.320] That's their proactive statement. [24:29.320 --> 24:37.320] And we didn't know we didn't owe those fees, or the borrower didn't know that they didn't owe the fees. [24:37.320 --> 24:45.320] And they couldn't determine that they didn't owe the fees because the borrower in this case is not a sophisticated purchaser. [24:45.320 --> 24:51.320] And that's why the borrower hired a title company. [24:51.320 --> 25:02.320] They hired a title company to protect them from the sophisticated fraud scams that go on in high finance. [25:02.320 --> 25:07.320] And they acted in good faith reliance on the title company. [25:07.320 --> 25:14.320] So the title company is named as a litigant as well for failing to act in good faith. [25:14.320 --> 25:21.320] The title company knew or should have known that at least one of those fees was false. [25:21.320 --> 25:25.320] And always you've got one that's false. [25:25.320 --> 25:29.320] Document preparation fee, warehousing fee. [25:29.320 --> 25:33.320] They've got a whole bunch of names for these fees. [25:33.320 --> 25:35.320] If you look for a fee, you don't know what it is. [25:35.320 --> 25:39.320] They've got taxes, property taxes. [25:39.320 --> 25:41.320] They've got insurance. [25:41.320 --> 25:55.320] They've got a, what do you call it, a, where they assess the property. [25:55.320 --> 25:57.320] What do you call it when you have somebody come out? [25:57.320 --> 25:59.320] I don't know, the appraiser? [25:59.320 --> 26:02.320] The appraisal fee. [26:02.320 --> 26:08.320] These are real fees that you would expect to be there. [26:08.320 --> 26:14.320] But you don't know how much that appraisal actually cost. [26:14.320 --> 26:22.320] Did the appraiser actually charge $360 or did the appraiser charge $250? [26:22.320 --> 26:25.320] And you added a hundred bucks to it. [26:25.320 --> 26:27.320] We don't know that. [26:27.320 --> 26:33.320] We don't have a invoice from the appraiser. [26:33.320 --> 26:39.320] We don't have tax records showing what taxes were actually paid. [26:39.320 --> 26:47.320] We don't have the mortgage insurance policy you charged us for. [26:47.320 --> 26:50.320] So we don't have what that actually cost. [26:50.320 --> 26:57.320] You charged us that, but we don't have any way of knowing if that was actually correct or not. [26:57.320 --> 27:01.320] So we're not saying all of these are fraud. [27:01.320 --> 27:05.320] We're saying we have no way of telling if they're fraud or not. [27:05.320 --> 27:11.320] So if you prove up one of these, we'll deduct it from the calculation. [27:11.320 --> 27:14.320] No problemo. [27:14.320 --> 27:19.320] So if everything is true and fair, not a problem. [27:19.320 --> 27:26.320] They'll just provide us with the invoicing they used when they filled out the HUD 1 settlement statement. [27:26.320 --> 27:29.320] And surely they can produce that paperwork, right? [27:29.320 --> 27:32.320] Sure, of course. You're a bank. [27:32.320 --> 27:36.320] You guys, that's what you do. [27:36.320 --> 27:39.320] Yeah, dollars and cents keep good records. Yeah. [27:39.320 --> 27:45.320] Sure. So this is not a unreasonable request. [27:45.320 --> 28:00.320] And if that was in fact fraudulent, those fraudulent amounts were a proximate cause of the default. [28:00.320 --> 28:09.320] So we maintain that if you can't prove these up, then the default was caused by you. [28:09.320 --> 28:21.320] And then we refile for three times the value of the property, plus the fraud. [28:21.320 --> 28:25.320] So we turn the crank up on them. [28:25.320 --> 28:29.320] Does that sound like fun breath? Yeah, it does. [28:29.320 --> 28:37.320] Anybody out there who has a mortgage, you have access to this suit. [28:37.320 --> 28:47.320] Especially if the mortgage is still in process because you're still paying the fraudulent fees every month. [28:47.320 --> 28:50.320] Why do you say especially? [28:50.320 --> 29:07.320] Well, I got the guy with the three condos they were foreclosed on seven years ago. And normally five years is the statute of limitations for fraud. [29:07.320 --> 29:11.320] But we're going to claim that we didn't know about it. [29:11.320 --> 29:15.320] We still don't know about it. [29:15.320 --> 29:19.320] We won't know about it until we see the actual invoices. [29:19.320 --> 29:22.320] Yeah, when you tell them, prove it up. [29:22.320 --> 29:27.320] Yeah, this is simple enough. It's not a difficult request. [29:27.320 --> 29:33.320] Well, it's too old. We don't have the records. We're only required to keep them for five years. [29:33.320 --> 29:40.320] OK, I want to talk to your database guy. [29:40.320 --> 29:46.320] I want to see records where he has wiped your database. [29:46.320 --> 29:50.320] Brett, you work on databases. How often do you wipe out a database? [29:50.320 --> 29:55.320] No, you don't do that unless there's some serious reason to. [29:55.320 --> 30:01.320] Yeah, there is no way they wipe that stuff off the database. [30:01.320 --> 30:06.320] Businesses ask you for a lot of personal information and you may trust them to keep it safe. [30:06.320 --> 30:11.320] But it turns out that even the most trusted companies may be unwittingly revealing your secrets. [30:11.320 --> 30:15.320] I'm Dr. Catherine Albrecht and I'll be right back with details. [30:15.320 --> 30:17.320] Privacy is under attack. [30:17.320 --> 30:20.320] When you give up data about yourself, you'll never get it back again. [30:20.320 --> 30:25.320] And once your privacy is gone, you'll find your freedoms will start to vanish too. [30:25.320 --> 30:30.320] So protect your rights. Say no to surveillance and keep your information to yourself. [30:30.320 --> 30:33.320] Privacy. It's worth hanging on to. [30:33.320 --> 30:36.320] This public service announcement is brought to you by Startpage.com, [30:36.320 --> 30:40.320] the private search engine alternative to Google, Yahoo and Bing. [30:40.320 --> 30:44.320] Start over with Startpage. [30:44.320 --> 30:51.320] Data privacy is a big deal, so nearly every company has a policy explaining how they handle your personal information. [30:51.320 --> 30:54.320] But what happens if it escapes their control? [30:54.320 --> 30:57.320] It's not an idle question. According to a recent survey, [30:57.320 --> 31:03.320] a shocking 90% of U.S. companies admit their security was breached by hackers in the last year. [31:03.320 --> 31:07.320] That's one more reason you should trust your searches to Startpage.com. [31:07.320 --> 31:11.320] Unlike other search engines, Startpage doesn't store any data on you. [31:11.320 --> 31:15.320] They've never been hacked, but even if they were, there would be nothing for criminals to see. [31:15.320 --> 31:17.320] The cupboard would be bare. [31:17.320 --> 31:21.320] Too bad other companies don't treat your data the same way. [31:21.320 --> 31:44.320] I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com. [31:51.320 --> 31:52.320] There is more to the story. [31:52.320 --> 31:55.320] Bring justice to my son, my uncle, my nephew, my son. [31:55.320 --> 31:57.320] Go to buildingwatt.org. [31:57.320 --> 32:01.320] Why it fell, why it matters, and what you can do. [32:01.320 --> 32:05.320] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [32:05.320 --> 32:07.320] In today's America, we live in an us-against-them society, [32:07.320 --> 32:09.320] and if we the people are ever going to have a free society, [32:09.320 --> 32:12.320] then we're going to have to stand and defend our own rights. [32:12.320 --> 32:15.320] Among those rights are the right to travel freely from place to place, [32:15.320 --> 32:19.320] the right to act in our own private capacity, and most importantly, the right to due process of law. [32:19.320 --> 32:22.320] Traffic courts afford us the least expensive opportunity [32:22.320 --> 32:25.320] to learn how to enforce and preserve our rights through due process. [32:25.320 --> 32:28.320] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [32:28.320 --> 32:31.320] has put together the most comprehensive teaching tool available [32:31.320 --> 32:33.320] that will help you understand what due process is [32:33.320 --> 32:35.320] and how to hold courts to the rule of law. [32:35.320 --> 32:37.320] You can get your own copy of this invaluable material [32:37.320 --> 32:40.320] by going to ruleoflawradio.com and ordering your copy today. [32:40.320 --> 32:42.320] By ordering now, you'll receive a copy of Eddie's book, [32:42.320 --> 32:45.320] The Texas Transportation Code, The Law Versus the Lie, [32:45.320 --> 32:47.320] video and audio of the original 2009 seminar, [32:47.320 --> 32:50.320] hundreds of research documents, and other useful resource material. [32:50.320 --> 32:54.320] Learn how to fight for your rights with the help of this material from ruleoflawradio.com. [32:54.320 --> 33:17.320] Order your copy today and together we can have the free society we all want and deserve. [33:24.320 --> 33:28.320] Your job is to protect and to serve. [33:28.320 --> 33:31.320] Not beat and abuse. [33:31.320 --> 33:34.320] Not be served! [33:34.320 --> 33:56.320] When you're gonna stop abuse, your power. [33:56.320 --> 34:02.320] So please Mr. Macklin, teach officers not to abuse their power. [34:02.320 --> 34:07.320] Send a request to the leader, the captain of all officers. [34:07.320 --> 34:12.320] Tell them to uphold the law, and please don't abuse their power. [34:12.320 --> 34:16.320] They beat and they beat and they cheat. [34:16.320 --> 34:24.320] Okay, we are back on this Thursday, the eighth day of June, 2023, [34:24.320 --> 34:30.320] and we're talking about suing your lender for fraud. [34:30.320 --> 34:37.320] Everybody who has a mortgage has a shot at this lawsuit. [34:37.320 --> 34:44.320] Now I have one in the works at the moment, another one I'm about to file, [34:44.320 --> 34:47.320] and a third one coming up. [34:47.320 --> 34:55.320] So I'm gonna get these out there and I will get responses from the lenders. [34:55.320 --> 35:03.320] This first one is with the Bank of America, and I'll see how they respond. [35:03.320 --> 35:08.320] And based on how they respond, I'll make some adjustments. [35:08.320 --> 35:15.320] But this is one where we don't care if we win at the end of the day, [35:15.320 --> 35:22.320] because this is one where the bank, the lender, has no counterclaim. [35:22.320 --> 35:27.320] And their only calculation is how much they will lose. [35:27.320 --> 35:30.320] They have no way to gain anything. [35:30.320 --> 35:32.320] Perfect. [35:32.320 --> 35:36.320] So let's make a deal. [35:36.320 --> 35:40.320] I'll start out by bar grieving your attorneys and asking for sanctions, [35:40.320 --> 35:43.320] and judicial conduct, complain to judge. [35:43.320 --> 35:47.320] I'll have the judge so furious he'll want to choke us. [35:47.320 --> 35:49.320] And then he'll go to these lawyers and say, [35:49.320 --> 35:55.320] you better get this no-good pro-CSOB off my case. [35:55.320 --> 35:56.320] And then we'll go to them and say... [35:56.320 --> 35:59.320] You wouldn't do that, Randy. [35:59.320 --> 36:01.320] You wouldn't, would you? [36:01.320 --> 36:03.320] No, I'm a sweet guy. [36:03.320 --> 36:08.320] And then we bring in a lawyer to go in and make a deal. [36:08.320 --> 36:12.320] That's the strategy. [36:12.320 --> 36:16.320] Okay, I am getting some voice issues. [36:16.320 --> 36:19.320] Can you help, Brett? [36:19.320 --> 36:21.320] Is it a throat, your throat hurting? [36:21.320 --> 36:24.320] Yeah, getting that throat issues. [36:24.320 --> 36:26.320] From the spider? [36:26.320 --> 36:31.320] Yeah, that still hadn't quite run away. [36:31.320 --> 36:34.320] So enough on this. [36:34.320 --> 36:36.320] Let's go to where we've got a couple of callers. [36:36.320 --> 36:38.320] We've got Eric in Massachusetts. [36:38.320 --> 36:43.320] Matt, Eric, what do you have for us today? [36:43.320 --> 36:45.320] Gentlemen, good to hear from you. [36:45.320 --> 36:47.320] Good to talk to you. [36:47.320 --> 36:51.320] I have a simple question about dealing with a judge [36:51.320 --> 36:55.320] and hopefully a quick answer so you can get me in and out. [36:55.320 --> 36:58.320] Okay, I'm doing a tenant eviction. [36:58.320 --> 37:01.320] A rope with 13 wraps. [37:01.320 --> 37:03.320] What's that? [37:03.320 --> 37:06.320] A rope with a loop and 13 wraps. [37:06.320 --> 37:09.320] Sounds good, sounds good. [37:09.320 --> 37:12.320] I'm doing a tenant eviction, [37:12.320 --> 37:16.320] and I've followed all the proper steps in Massachusetts. [37:16.320 --> 37:20.320] So for this question, I don't want to get caught up on the state laws. [37:20.320 --> 37:22.320] That's not my issue. [37:22.320 --> 37:26.320] I gave my tenant a 30-day letter and notice to move out, [37:26.320 --> 37:31.320] and the tenant refused, stopped paying rent, [37:31.320 --> 37:33.320] and called the health department, [37:33.320 --> 37:38.320] which was called the health department after the 30-day notice. [37:38.320 --> 37:42.320] So her concerns and issues were all minor related to health issues. [37:42.320 --> 37:44.320] There's no major issue, like, you know, [37:44.320 --> 37:48.320] no window on, no screen on a window type of thing, something small. [37:48.320 --> 37:53.320] Okay, so months go by, and I finally get my hearing. [37:53.320 --> 37:59.320] So I zoom in to the hearing for the judge to give the final eviction judgment. [37:59.320 --> 38:03.320] This is basically an action for possession is what it's called. [38:03.320 --> 38:09.320] He allowed the tenant to introduce the health department issue. [38:09.320 --> 38:14.320] The judge gave her another 30 days and told me to fix everything. [38:14.320 --> 38:18.320] Now, there was no information on the record. [38:18.320 --> 38:20.320] There was zero information. [38:20.320 --> 38:23.320] So there was zero information on what the problems were, [38:23.320 --> 38:25.320] nor if I had already fixed them. [38:25.320 --> 38:30.320] There's no documentation, no information from the tenant. [38:30.320 --> 38:32.320] It was just like, oh, I called the health department. [38:32.320 --> 38:36.320] Based on that, the judge said, all right, you get another 30 days. [38:36.320 --> 38:41.320] I additionally filed a motion for escrow and raised the issue at that time [38:41.320 --> 38:44.320] and said I'd like to get an escrow. [38:44.320 --> 38:49.320] And his reply was, if I'm not careful, he literally said, [38:49.320 --> 38:53.320] if I'm not careful, meaning me, I will owe her money, [38:53.320 --> 38:56.320] which I presume to be a threat. [38:56.320 --> 38:59.320] So five days later, I went to the court [38:59.320 --> 39:02.320] and got a certified copy of the document. [39:02.320 --> 39:06.320] And again, there was zero information on the docket [39:06.320 --> 39:09.320] about or from the health department. [39:09.320 --> 39:14.320] So I'm assuming he moved the court based on hearsay. [39:14.320 --> 39:17.320] So to summarize, I'm doing a tenant eviction. [39:17.320 --> 39:22.320] I went to court for a formal eviction, which is an action for possession. [39:22.320 --> 39:28.320] And the judge introduced this or allowed this health department issue [39:28.320 --> 39:30.320] to be brought forth. [39:30.320 --> 39:34.320] So my question is, what is the abuse of process, [39:34.320 --> 39:45.320] which is what I'm assuming this is, and what crimes did the judge commit? [39:45.320 --> 39:48.320] You with me? [39:48.320 --> 39:49.320] Gentlemen? [39:49.320 --> 39:50.320] Randy, are you muted? [39:50.320 --> 39:56.320] Somebody muted my mic when I wasn't looking. [39:56.320 --> 40:02.320] I didn't want everybody to hear me hocking up those Goobers. [40:02.320 --> 40:06.320] I guess it's too much information. [40:06.320 --> 40:11.320] Official misconduct comes to mind on the surface. [40:11.320 --> 40:14.320] And I would certainly file that against the judge. [40:14.320 --> 40:17.320] The judge threatened you. [40:17.320 --> 40:22.320] The judge threatened you for adjudicating your case. [40:22.320 --> 40:27.320] That's a good official misconduct. [40:27.320 --> 40:33.320] What about his potential immunity that's related to him? [40:33.320 --> 40:44.320] How do you make sure that he's not immune for allowing something to be admitted into evidence? [40:44.320 --> 40:48.320] You file criminally against the judge. [40:48.320 --> 40:54.320] Let him raise the issue that he has immunity from criminal behavior. [40:54.320 --> 40:57.320] He threatened you. [40:57.320 --> 41:04.320] He threatened you in order to prevent you from actively adjudicating your case. [41:04.320 --> 41:06.320] Oh, so you're saying make it be about the threat, [41:06.320 --> 41:14.320] not make it be about the fact that he took inadmissible evidence [41:14.320 --> 41:17.320] or brought his own evidence and tried to act like he's a fact witness. [41:17.320 --> 41:20.320] Just make it be about the threat. [41:20.320 --> 41:25.320] Yeah, apparently the judge is pretty set against you. [41:25.320 --> 41:29.320] So you're not going to get him more angry at you. [41:29.320 --> 41:32.320] This is not much more he can do than he already did. [41:32.320 --> 41:41.320] So charge him criminally and claim that criminal acts from the bench are not within scope. [41:41.320 --> 41:47.320] So what is abuse of process, which is what I assume the Senate is doing. [41:47.320 --> 41:49.320] She's abusing the process. [41:49.320 --> 41:51.320] I give her a notice. [41:51.320 --> 41:52.320] Hold on, hold on, hold on. [41:52.320 --> 41:58.320] Abuse of process is a very specific charge. [41:58.320 --> 42:03.320] Process being service. [42:03.320 --> 42:07.320] So this doesn't go to abuse of process. [42:07.320 --> 42:10.320] That's just a whole different thing. [42:10.320 --> 42:17.320] She's abusing the process, but that doesn't go to the statute. [42:17.320 --> 42:25.320] She is allowed to bring any claim she wants to, [42:25.320 --> 42:30.320] just like you're allowed to bring any defense you want to. [42:30.320 --> 42:34.320] But the judge threatened you for bringing a defense. [42:34.320 --> 42:38.320] That's a big deal. [42:38.320 --> 42:48.320] When you said that the judge said that, man, if I was in court, I would say, judge, did you just threaten me? [42:48.320 --> 42:54.320] And when he said yes, I'd ask him to stand down from the bench. [42:54.320 --> 42:59.320] I have asked to have them, the bailiff arrest them more than once. [42:59.320 --> 43:03.320] You can certainly do that. [43:03.320 --> 43:08.320] If I was in your position, it's not going to get much worse. [43:08.320 --> 43:11.320] Charge the judge criminally. [43:11.320 --> 43:13.320] So you want to threaten people from the bench? [43:13.320 --> 43:18.320] I was just watching somebody sent me a video and it was about judges. [43:18.320 --> 43:25.320] And they showed a judge that really chewed out a juror. [43:25.320 --> 43:28.320] Because the juror worked for Child Protective Services. [43:28.320 --> 43:34.320] All these horrible things people do to children, and that's what this was about. [43:34.320 --> 43:39.320] And she said, I couldn't be partial. [43:39.320 --> 43:43.320] And the judge just had a fit at her, threatened her. [43:43.320 --> 43:48.320] Through the Constitution, a little Constitution book, they threw it. [43:48.320 --> 43:51.320] They had the trial. They got the whole thing thrown out. [43:51.320 --> 43:54.320] They got the judge sanctioned. [43:54.320 --> 43:56.320] Judges don't get to do that. [43:56.320 --> 43:59.320] Hang on, Randy Kelton and Brett Fountain will be right back. [44:26.320 --> 44:29.320] Logos. You can order your supplies or holiday gifts. [44:29.320 --> 44:31.320] First thing you do is clear your cookies. [44:31.320 --> 44:34.320] Now, go to logosradionetwork.com. [44:34.320 --> 44:37.320] Click on the Amazon logo and bookmark it. [44:37.320 --> 44:43.320] Now, when you order anything from Amazon, you use that link and Logos gets a few pesos. [44:43.320 --> 44:44.320] Do I pay extra? [44:44.320 --> 44:45.320] No. [44:45.320 --> 44:47.320] Do I have to do anything different when I order? [44:47.320 --> 44:48.320] No. [44:48.320 --> 44:49.320] Can I use my Amazon Prime? [44:49.320 --> 44:50.320] No. [44:50.320 --> 44:51.320] I mean, yes. [44:51.320 --> 44:54.320] Wow, giving without doing anything or spending any money. [44:54.320 --> 44:55.320] This is perfect. [44:55.320 --> 44:56.320] Thank you so much. [44:56.320 --> 44:57.320] You're welcome. [44:57.320 --> 45:00.320] Happy holidays, Logos. [45:00.320 --> 45:03.320] Are you the plaintiff or defendant in a lawsuit? [45:03.320 --> 45:07.320] Win your case without an attorney with Jurisdictionary. [45:07.320 --> 45:15.320] The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by step. [45:15.320 --> 45:18.320] If you have a lawyer, know what your lawyer should be doing. [45:18.320 --> 45:22.320] If you don't have a lawyer, know what you should do for yourself. [45:22.320 --> 45:27.320] Thousands have won with our step-by-step course, and now you can too. [45:27.320 --> 45:33.320] Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience. [45:33.320 --> 45:38.320] Even if you're not in a lawsuit, you can learn what everyone should understand [45:38.320 --> 45:42.320] about the principles and practices that control our American courts. [45:42.320 --> 45:49.320] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [45:49.320 --> 45:52.320] pro se tactics, and much more. [45:52.320 --> 46:20.320] Please visit ruleoflawradio.com and click on the banner or call toll-free 866-LAW-EZ. [46:20.320 --> 46:25.320] If you could not wait, Jenny, by too long, would your process be done? [46:25.320 --> 46:31.320] Such a sentimental soldier, a warrior of love, scuffling to keep the peace. [46:31.320 --> 46:37.320] All it takes is a misunderstanding, and somebody calls the police. [46:37.320 --> 46:52.320] Okay. [46:52.320 --> 46:53.320] We are back. [46:53.320 --> 46:59.320] Randy Kelton over at Fountain Rule of Law Radio, and we're talking to Eric in Massachusetts. [46:59.320 --> 47:10.320] The problem here, Eric, is a problem that landlords have, is tenants that have so many ways to screw up the process. [47:10.320 --> 47:22.320] And when you have a judge like this, I live in a small town, and the city manager has told the city employees, [47:22.320 --> 47:31.320] you see that guy that lives right next to City Hall? You leave him alone. [47:31.320 --> 47:38.320] I rebuilt a whole room on the back of my house. I had two before it's holding the roof up. [47:38.320 --> 47:43.320] I took everything out, went down to the foundation and built it back up. [47:43.320 --> 47:46.320] Never saw that first inspector. [47:46.320 --> 47:52.320] When I was almost finished, the city manager come by, and we were yacking. He said, how's your project going? [47:52.320 --> 47:57.320] Pretty good. You want to have a look? No, no. [47:57.320 --> 48:07.320] We wanted plausible deniability. Eric, I suggest you sue the judge personally. [48:07.320 --> 48:16.320] File a judicial conduct complaint, file criminal complaints against the judge, and then sue the judge personally. [48:16.320 --> 48:27.320] Claim that criminal acts from the bench are not within scope, and therefore he's not covered by his immunity. [48:27.320 --> 48:37.320] Even if he acts maliciously, he's covered, but not if he acts criminally. [48:37.320 --> 48:47.320] Now, they will rule in favor of the judge, but that's after you have kicked his behind. [48:47.320 --> 48:59.320] And you come back down there, they're going to tell these judges, don't screw with this guy, because he won't take your crap. [48:59.320 --> 49:08.320] One of the things, I mean, there was actually like four different things that he did that I can do a judicial complaint about. [49:08.320 --> 49:15.320] So again, he threatened me. He claimed like two laws didn't exist. [49:15.320 --> 49:21.320] Oh, that's a good one. That one's just make him look ignorant. [49:21.320 --> 49:26.320] Yeah. And again, so I'm just waiting for the transcript to come back from the transcriber. [49:26.320 --> 49:32.320] But I'm going to do at least three different judicial complaints against him. [49:32.320 --> 49:39.320] The problem you have is there's nothing you can do in 30 days. [49:39.320 --> 49:48.320] So you can't stop this 30 days he gave the person. There's just nothing you can do in time. [49:48.320 --> 49:56.320] And he knows that. But there is something you can do to keep this kind of stuff from happening again. [49:56.320 --> 50:09.320] Is there anything, Randy, that he can do to toll that, to pause that clock while waiting for something else to be handled? [50:09.320 --> 50:15.320] He doesn't want to pause the clock. He wants that person out of there. [50:15.320 --> 50:21.320] And about anything he does is likely to stall getting them out of there. [50:21.320 --> 50:28.320] Oh, you're right. It should be the other way around. He should. [50:28.320 --> 50:38.320] Again, I have a motion. I have a motion to have the money held in an account, so the past rent. [50:38.320 --> 50:46.320] It's not like she doesn't have the money. She has the money. She just doesn't want to move from the apartment. [50:46.320 --> 50:56.320] And that's where he threatened me. So if she has the money, sue her. [50:56.320 --> 51:01.320] I was going to wait until, yeah, which I was going to do. [51:01.320 --> 51:14.320] Now, again, can I sue her for abuse of process or can I sue her for, I mean, she actually made some statements so I can probably get her on libel or slander related to other tenants. [51:14.320 --> 51:18.320] You know, again, am I able to sue her on abuse of process? [51:18.320 --> 51:26.320] She's using this process to allow herself to continue living there when I file for seizures. [51:26.320 --> 51:35.320] I'd have to read the property code that Massey uses to be able to make that determination. [51:35.320 --> 51:40.320] It depends on what the property code authorizes her to do. [51:40.320 --> 51:51.320] If she's making false claims, then yes, but if these claims are not false, there's not much you can do about that. [51:51.320 --> 52:03.320] But hold on, hold on. Where does the law on eviction require that the property be perfect? [52:03.320 --> 52:08.320] What does eviction have to do with a missing screen? [52:08.320 --> 52:16.320] Yeah, exactly. That's my issue. She doesn't have a, if she had a lease, it would be a different story. She doesn't have a lease. [52:16.320 --> 52:25.320] So that allows me to give her a 30 day notice. Thank you for being my witness. See you gone in 30 days. [52:25.320 --> 52:35.320] So she doesn't, there's no obligation. And Massachusetts is very, that's one of the few things they are kind of liberal on, like you don't have a lease, you don't get to stay there. [52:35.320 --> 52:45.320] So send her a tort letter that you intend to sue for all of the back rent. [52:45.320 --> 52:51.320] That might get her to move, but to keep from increasing the amount you're suing her for. [52:51.320 --> 52:58.320] And you might sue for three times the back rent, at least. [52:58.320 --> 53:06.320] And all of your costs in evicting her. Yeah. [53:06.320 --> 53:13.320] She's got nothing to lose at this point. You have, she doesn't. Not if the judge is on her side. [53:13.320 --> 53:22.320] Yeah, so sue her. The judge is not saying she has a right to be there. [53:22.320 --> 53:35.320] So she's stealing your property. She's theft of services. So sue her for it. Give her a dog in the hut. [53:35.320 --> 53:42.320] Okay. Yeah. So again, the escrow, I made a motion for escrow. [53:42.320 --> 53:51.320] And again, that's where he threatened me. But there's no reason that he can't allow that. I just, you know. [53:51.320 --> 53:55.320] That should get criminal. He won't even consider it. [53:55.320 --> 54:03.320] Judges don't get to threaten me. If you're gonna issue sanctions, issue sanctions. [54:03.320 --> 54:07.320] Don't even try to threaten me. You're just a judge. [54:07.320 --> 54:15.320] It is your duty to determine the facts in accordance with the rules of evidence and apply the laws that comes to you, the facts in the case. [54:15.320 --> 54:23.320] If you have yourself some kind of attitude, you might want to leave that at the house. [54:23.320 --> 54:29.320] Because I'm going to land right in the middle of you. I've got a judge in Victoria County. [54:29.320 --> 54:37.320] I'm going to sue him personally for a lot of money for what he did sitting on the bench. [54:37.320 --> 54:44.320] If you want to have an attitude, you want to protect your buddies, see if they protect you. [54:44.320 --> 54:48.320] Judges, they're not, they don't have some magical power. [54:48.320 --> 54:52.320] They have a set of duties. They exceed those duties. They're liable for it. [54:52.320 --> 55:02.320] Especially when they threaten you. That'll get a judge sanctioned pretty quick. [55:02.320 --> 55:07.320] If you get him sanctioned, they're likely to... [55:07.320 --> 55:09.320] Go ahead. [55:09.320 --> 55:19.320] I want to talk briefly what Brett suggested is, you know, does the judge have the right to extend a tenancy based on health violation? [55:19.320 --> 55:23.320] Again, there's no lease. If it were a lease, there's no lease. [55:23.320 --> 55:32.320] What does the property code in Massachusetts say about eviction? [55:32.320 --> 55:49.320] Is there anything in the property code that allows a tenant to stay in an apartment because there are code violations? [55:49.320 --> 55:55.320] Okay. So that could be almost another crime he's allowing. That's sort of a second crime he could be doing. [55:55.320 --> 56:05.320] The judge has a duty to determine the facts in accordance with the rules of evidence, then apply the laws that comes to him to the facts in the case. [56:05.320 --> 56:15.320] What law did he apply? Did you ask for findings of fact and conclusions at law here? [56:15.320 --> 56:16.320] No. [56:16.320 --> 56:19.320] Do so. [56:19.320 --> 56:28.320] I mean, it's also, you know, this is like a, you know, it's a Zoom hearing where it's like a, you know, before trial. [56:28.320 --> 56:33.320] This isn't a trial where he's actually doing a write-up. [56:33.320 --> 56:40.320] Again, I don't even think what he did on that day didn't even make it to the court docket five days later. [56:40.320 --> 56:47.320] His ruling was not in the court docket five days later. [56:47.320 --> 56:53.320] Well, you need to, you don't care about getting findings of fact. You need to let him know you want them. [56:53.320 --> 57:10.320] You're going to ask him to prove up his position, prove up his authority to sanction you for making a request for escrow. [57:10.320 --> 57:16.320] That's what he threatened to do. Do you want to see the law that allows him to do that? [57:16.320 --> 57:19.320] The law that allows him to do what? I'm sorry. [57:19.320 --> 57:25.320] Sanction you for requesting escrow. [57:25.320 --> 57:30.320] He threatened to sanction you because you asked for an escrow account. [57:30.320 --> 57:33.320] Well, he threatened to penalize me. [57:33.320 --> 57:34.320] That's, yeah. [57:34.320 --> 57:36.320] Is that a sanction if he's giving her? [57:36.320 --> 57:40.320] That's what, penalizing you is a sanction. [57:40.320 --> 57:43.320] Okay. [57:43.320 --> 57:52.320] He threatened to sanction you for vigorously adjudicating your case. [57:52.320 --> 57:55.320] That is absolutely a no-no. [57:55.320 --> 57:59.320] And you might get him sanctioned or off the bench. [57:59.320 --> 58:05.320] You almost certainly get him off of your case. [58:05.320 --> 58:15.320] If you file criminally, you file a judicial conduct complaint, and you file a motion to disqualify. [58:15.320 --> 58:21.320] Or in confidence. [58:21.320 --> 58:32.320] I could file the second in confidence based on the second judicial complaint I file where he's not recognizing laws that exist. [58:32.320 --> 58:35.320] Have you filed that complaint against him? [58:35.320 --> 58:38.320] No, I'm waiting for the transcript. [58:38.320 --> 58:39.320] Oh, okay. [58:39.320 --> 58:41.320] Okay, hang on. [58:41.320 --> 58:44.320] Randy Kelton, Brett Fountain, Rule of Law Radio. [58:44.320 --> 58:49.320] I'll call in number 512-646-1984. [58:49.320 --> 58:53.320] The Bible remains the most popular book in the world. [58:53.320 --> 58:57.320] Yet countless readers are frustrated because they struggle to understand it. [58:57.320 --> 59:05.320] Some new translations try to help by simplifying the text, but in the process can compromise the profound meaning of the scripture. [59:05.320 --> 59:08.320] Enter the recovery version. [59:08.320 --> 59:17.320] First, this new translation is extremely faithful and accurate, but the real story is the more than 9,000 explanatory footnotes. [59:17.320 --> 59:27.320] Difficult and profound passages are opened up in a marvelous way, providing an entrance into the riches of the Word beyond which you've ever experienced before. [59:47.320 --> 59:50.320] That's freestudybible.com. [59:50.320 --> 59:59.320] You're listening to the Logos Radio Network at logosradionetwork.com. [59:59.320 --> 01:00:05.320] The Bill of Rights contains the first ten amendments of our Constitution. [01:00:05.320 --> 01:00:09.320] They guarantee the specific freedoms Americans should know and protect. [01:00:09.320 --> 01:00:10.320] Our liberty depends on it. [01:00:10.320 --> 01:00:16.320] I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember one of your constitutional rights. [01:00:16.320 --> 01:00:18.320] Privacy is under attack. [01:00:18.320 --> 01:00:22.320] When you give up data about yourself, you'll never get it back again. [01:00:22.320 --> 01:00:27.320] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:00:27.320 --> 01:00:28.320] So protect your rights. [01:00:28.320 --> 01:00:32.320] Say no to surveillance and keep your information to yourself. [01:00:32.320 --> 01:00:34.320] Privacy, it's worth hanging on to. [01:00:34.320 --> 01:00:42.320] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:00:42.320 --> 01:00:45.320] Start over with StartPage. [01:00:45.320 --> 01:00:48.320] Imagine your mom and dad are getting ready for bed. [01:00:48.320 --> 01:00:51.320] They pull back the covers and find a third party there. [01:00:51.320 --> 01:00:54.320] He announces, I'm with the military and I'm sleeping here tonight. [01:00:54.320 --> 01:01:00.320] That shocking image of a third party in my parents' bed reminds me what the Third Amendment was designed to prevent. [01:01:00.320 --> 01:01:06.320] It protects us from being forced to share our homes with soldiers, a common demand in the days of our founding fathers. [01:01:06.320 --> 01:01:09.320] Third party, Third Amendment, get it? [01:01:09.320 --> 01:01:17.320] So if you answer a knock at your door and guys in fatigues demand lodging, tell them to dust off their copy of the Bill of Rights and reread the Third Amendment. [01:01:17.320 --> 01:01:21.320] I'm Dr. Katherine Albrecht. More news and information at KatherineAlbrecht.com. [01:01:31.320 --> 01:01:35.320] The Bill of Rights contains the first ten amendments of our Constitution. [01:01:35.320 --> 01:01:40.320] They guarantee the specific freedoms Americans should know and protect. Our liberty depends on it. [01:01:40.320 --> 01:01:46.320] I'm Dr. Katherine Albrecht and I'll be right back with an unforgettable way to remember one of your constitutional rights. [01:01:46.320 --> 01:01:52.320] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:01:52.320 --> 01:01:57.320] And once your privacy is gone, you'll find your freedoms will start to vanish too. [01:01:57.320 --> 01:02:02.320] So protect your rights. Say no to surveillance and keep your information to yourself. [01:02:02.320 --> 01:02:05.320] Privacy. It's worth hanging on to. [01:02:05.320 --> 01:02:12.320] This public service announcement is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:02:12.320 --> 01:02:16.320] Start over with StartPage. [01:02:16.320 --> 01:02:22.320] Imagine four eyes staring at you through binoculars, a magnifying glass, or a pair of x-ray goggles. [01:02:22.320 --> 01:02:27.320] That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable search and seizure. [01:02:27.320 --> 01:02:31.320] Fourth Amendment? Four eyes staring at you? Get it? [01:02:31.320 --> 01:02:35.320] Unfortunately, the government is trampling our Fourth Amendment rights in the name of security. [01:02:35.320 --> 01:02:40.320] Case in point, TSA airport scanners that peer under your clothing. [01:02:40.320 --> 01:02:47.320] When government employees demand a peep at your privates without probable cause, I say it's time to sound the constitutional alarm bells. [01:02:47.320 --> 01:02:54.320] Join me in asking our representatives to dust off the Bill of Rights and use their googly eyes to take a gander at the Fourth. [01:02:54.320 --> 01:03:01.320] I'm Catherine Albrecht. More news and information at CatherineAlbrecht.com. [01:03:54.320 --> 01:04:22.320] Okay, howdy, howdy, Randy Kelton, Red Fountain, Wiggle of Royal Radio, on this Friday, the eighth day of... [01:04:22.320 --> 01:04:35.320] No, no, no, no. On this Thursday, the eighth day of June 2023, and we're talking to Eric in Massachusetts. [01:04:35.320 --> 01:04:39.320] Eric, do you have anything else for us? Do we get this handled? [01:04:39.320 --> 01:04:48.320] I don't, and I think you did an excellent job getting me sort of focused on what I need to focus on, so I really appreciate it, as always. [01:04:48.320 --> 01:04:54.320] Well, have fun at the judge's expense. I always like doing that. [01:04:54.320 --> 01:05:01.320] I've got a hearing coming up on the 14th that I'm going to have fun at the judge's expense. [01:05:01.320 --> 01:05:10.320] It's where I serve him of a notice of intent to sue him personally and his clerk. [01:05:10.320 --> 01:05:16.320] Let him explain to the clerk why I'm suing her. [01:05:16.320 --> 01:05:21.320] I'm suing him because he didn't have her arrested. [01:05:21.320 --> 01:05:24.320] Anyway, okay. Thank you, Eric. [01:05:24.320 --> 01:05:26.320] Thank you, gentlemen. [01:05:26.320 --> 01:05:36.320] Now we're going to go to Tina in California. Hello, Tina, what do you have for us today? [01:05:36.320 --> 01:05:47.320] Well, I'm asking for your advice in relation to the current case I have against the attorney who lied to me. [01:05:47.320 --> 01:05:54.320] And it's in regard to the send to the notaries in the Texas separated state. [01:05:54.320 --> 01:06:02.320] I recently found that I could file for a public records request for the whole complaint file. [01:06:02.320 --> 01:06:06.320] I did not know this before, and I asked for it. [01:06:06.320 --> 01:06:16.320] And it's quite interesting because when the attorney promised to send me the original note on the launches, [01:06:16.320 --> 01:06:31.320] he at that time told my attorney that I was harassing CIT by asking the notaries who allegedly notarized the substitution of trustee documents. [01:06:31.320 --> 01:06:37.320] And that he was not going to allow them to send me them. [01:06:37.320 --> 01:06:49.320] Now, that's public information, and they are required to send them upon request after they've told you what the cost is and you've sent that money. [01:06:49.320 --> 01:06:55.320] The notary ledger belongs to the county clerk. [01:06:55.320 --> 01:06:59.320] The notary gets to hold it and edit it. [01:06:59.320 --> 01:07:10.320] But when the notary gives up her notary license, she must return those ledgers to the county clerk. [01:07:10.320 --> 01:07:16.320] Correct. But if they don't give up their notarization, they're required to keep it. [01:07:16.320 --> 01:07:27.320] Now, if after three years after the incident or the notarization or when they have redone their notary commission, [01:07:27.320 --> 01:07:38.320] they're allowed to discard it unless it could be needed for any, you know, as evidence, [01:07:38.320 --> 01:07:47.320] which the notary knew it could be needed as evidence because I had requested it within two years after she notarized it. [01:07:47.320 --> 01:07:59.320] So she said that she gave it back to the CIT or Warm West, which it doesn't belong to them and they're not allowed to have it. [01:07:59.320 --> 01:08:12.320] So that's that's an admission on her part that she, what do you call it, 3711 tampered with a government document. [01:08:12.320 --> 01:08:18.320] I haven't got 3711, so I'll remember that. I've got 39.0 something tampering. [01:08:18.320 --> 01:08:22.320] Isn't she a notary in Texas? [01:08:22.320 --> 01:08:24.320] Yes, she is. [01:08:24.320 --> 01:08:32.320] 3711 is tampered with a government document. That was a government document. It belonged to the clerk, not to her. [01:08:32.320 --> 01:08:42.320] So that's tampered. It's even more interesting. It's even more interesting because when I got this information, [01:08:42.320 --> 01:08:53.320] it states in it, apparently, the two attorneys, including the one I'm suing from CIT, one was actually works for CIT. [01:08:53.320 --> 01:09:01.320] The other is works for an attorney firm. They were having conversations with the Secretary of State about this. [01:09:01.320 --> 01:09:12.320] They were representing this notary, having these conversations, sending letters back and forth. And I had no knowledge of this. [01:09:12.320 --> 01:09:15.320] Do you have all of those now? Have you requested all of this? [01:09:15.320 --> 01:09:21.320] No. Oh, you say you have. Now I'm going to get to that part. It's quite interesting. [01:09:21.320 --> 01:09:26.320] I went through what they sent me and so I'm looking at all this. [01:09:26.320 --> 01:09:37.320] They actually reduced for educational reprimand without my knowledge. After speaking with the attorney and clarifying something, [01:09:37.320 --> 01:09:42.320] they claim they have no knowledge or no records of that phone call. [01:09:42.320 --> 01:09:51.320] But there was actually a letter sent to Mr. McGinty, the one I'm suing, about the complaint. [01:09:51.320 --> 01:10:00.320] And it's quite interesting because it tells him the records required to be maintained by a notary public information. [01:10:00.320 --> 01:10:05.320] It gives the Texas government code. It says what? You know, the failure to respond. [01:10:05.320 --> 01:10:17.320] It says the notary records indicate your client has failed to keep records as set forth in 406.014 Texas government codes. [01:10:17.320 --> 01:10:27.320] And it gives the list of what it says must contain the following information for each notarization and the nine things. [01:10:27.320 --> 01:10:39.320] Then it says the notary records submitted by you, Mr. McGinty, it means fail to properly identify the form of identification [01:10:39.320 --> 01:10:49.320] presented by the signer at the time the notarization were executed and do not provide a record of fees if any charged by the notary. [01:10:49.320 --> 01:10:59.320] Failure to fully and faithfully discharge any duty to keep the required notary records provides good cause for the Secretary of State to take action, [01:10:59.320 --> 01:11:13.320] which all it was was an educational reprimand. And then it says the following must be successfully completed and submitted to this office by February the 13th, 2017, [01:11:13.320 --> 01:11:16.320] which is the educational exam and everything else. [01:11:16.320 --> 01:11:31.320] And there's another letter that says to another attorney that she must provide an affidavit about my complaint and indicating any mitigating factors, whatever. [01:11:31.320 --> 01:11:37.320] That is, the purportedly was sent to the Secretary of State, but they don't have a copy of it. [01:11:37.320 --> 01:11:52.320] And then we have a copy of the notary ledger that I have been requesting that apparently Mr. McGinty had because he submitted it to them and it had been redacted and tampered with. [01:11:52.320 --> 01:12:02.320] So my question that when I talked to the Secretary of State, they said, oh, well, we're not required to inform you of everything we're doing in our investigation. [01:12:02.320 --> 01:12:11.320] We're not required to give you all this information, but we have diligently searched the file and none of what you're asking for is there. [01:12:11.320 --> 01:12:21.320] We sent you everything there was. So who is liable for those documents missing from the file? [01:12:21.320 --> 01:12:35.320] Because obviously that's evidence that I need and it obviously shows that McGinty knew this ledger was incomplete and he hid it from me and lied about it. [01:12:35.320 --> 01:12:38.320] But how do I bring in the Secretary of State? [01:12:38.320 --> 01:12:52.320] Because the person who was the investigator who reduced the educational recommend and didn't send me this, she is no longer there. They claim they don't have a forwarding address for her. [01:12:52.320 --> 01:13:00.320] What is my option to include them in part of the bigger lawsuit or do it separately? [01:13:00.320 --> 01:13:14.320] You don't need a forwarding address if you have a proper and complete name. And I'm sure they have a driver's license for her. [01:13:14.320 --> 01:13:20.320] You can't ask for Social Security anymore, but you can ask for the driver's license. [01:13:20.320 --> 01:13:22.320] They'll have it. [01:13:22.320 --> 01:13:31.320] And from the driver's license, you can find a current address. That you can get a private investigator to do. [01:13:31.320 --> 01:13:37.320] So is this the notary or is this the Secretary of State employee? [01:13:37.320 --> 01:13:45.320] That's the Secretary of State employee who was the investigator on my complaint. [01:13:45.320 --> 01:13:50.320] And you know, but why are these documents missing from the file? [01:13:50.320 --> 01:14:00.320] That's a complaint that shouldn't be filed against the Secretary of State for tampering with the government document. [01:14:00.320 --> 01:14:01.320] Okay. [01:14:01.320 --> 01:14:06.320] They're required to keep these records. [01:14:06.320 --> 01:14:16.320] Yes, and keep them complete. They can't just miss certain parts of the file. If it was sent in, where is it? [01:14:16.320 --> 01:14:27.320] That's odd, because you would think that the Secretary of State doesn't have a dog in this hunt. [01:14:27.320 --> 01:14:34.320] Well, remember when West Bank is located, for the most part, in Texas. [01:14:34.320 --> 01:14:42.320] Okay. Is it the notary ledger that's missing? [01:14:42.320 --> 01:14:48.320] The notary ledger that she was supposed to send in and that apparently McGinnity sent in, [01:14:48.320 --> 01:14:58.320] and also the notary's affidavit of what she had to say and provide. She had to provide the notary ledger. [01:14:58.320 --> 01:14:59.320] What's missing? [01:14:59.320 --> 01:15:06.320] That I wanted another 10 pages. The notary ledger that she sent in and her affidavit. [01:15:06.320 --> 01:15:15.320] So we request the notary ledger from her and the affidavit. [01:15:15.320 --> 01:15:25.320] Okay. And she'll send it to Mr. McGinnity and he'll fix improper discovery again. [01:15:25.320 --> 01:15:28.320] And Rez Judicata, of course. [01:15:28.320 --> 01:15:32.320] Of course, yeah, because that's the only thing we ever know. [01:15:32.320 --> 01:15:39.320] I mean, this is showing that he actually committed fraud and he interfered with a notary. [01:15:39.320 --> 01:15:46.320] He coerced a public official. He influenced the notary to do an improper notarial act [01:15:46.320 --> 01:15:50.320] and coerced a public official to violate the law. [01:15:50.320 --> 01:16:03.320] And under the international shoe, he had sufficient contacts with Texas to be sued in Texas [01:16:03.320 --> 01:16:09.320] because the notaries in Texas, the actions taken were in Texas. [01:16:09.320 --> 01:16:15.320] He coerced a public official in Texas. [01:16:15.320 --> 01:16:22.320] Now, we've already filed criminal charges with the district attorney and the district attorney refused to give to the grand jury. [01:16:22.320 --> 01:16:27.320] So we need to do that again. [01:16:27.320 --> 01:16:33.320] It'll be interesting to see what he does because I haven't sued him for that yet, [01:16:33.320 --> 01:16:43.320] but I have filed criminally against him with every district judge in the district over your complaints. [01:16:43.320 --> 01:16:47.320] Over dismissing them. So we need to file him again. [01:16:47.320 --> 01:16:52.320] Hang on. Randy Kelton, Brett Fountain, Rule of Law Radio. [01:16:52.320 --> 01:17:00.320] I'll call in number 512-646-1984. We'll be right back. [01:17:00.320 --> 01:17:05.320] Are you looking to have a closer relationship with God and a better understanding of His Word? [01:17:05.320 --> 01:17:12.320] Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for Scripture Talk, [01:17:12.320 --> 01:17:17.320] where Nana and her guests discuss the scriptures in accord with 2 Timothy 2.15. [01:17:17.320 --> 01:17:24.320] Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly dividing the word of truth. [01:17:24.320 --> 01:17:32.320] Starting in January, our first hour studies are in the Book of Mark, where we'll go verse by verse and discuss the true gospel message. [01:17:32.320 --> 01:17:39.320] Our second hour topical studies will vary each week with discussions on sound doctrine and Christian character development. [01:17:39.320 --> 01:17:43.320] We wish to reflect God's light and be a blessing to all those with a hearing ear. [01:17:43.320 --> 01:17:50.320] Our goal is to strengthen our faith and to transform ourselves more into the likeness of our Lord and Savior Jesus. [01:17:50.320 --> 01:18:00.320] So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and motivate your studies of the scriptures. [01:18:00.320 --> 01:18:05.320] Are you being harassed by debt collectors with phone calls, letters, or even lawsuits? [01:18:05.320 --> 01:18:09.320] Stop debt collectors now with the Michael Mears Proven Method. [01:18:09.320 --> 01:18:14.320] Michael Mears has won six cases in federal court against debt collectors and now you can win two. [01:18:14.320 --> 01:18:20.320] You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes, [01:18:20.320 --> 01:18:26.320] what to do when contacted by phone, mail, or court summons, how to answer letters and phone calls, [01:18:26.320 --> 01:18:33.320] how to get debt collectors out of your credit report, how to turn the financial tables on them and make them pay you to go away. [01:18:33.320 --> 01:18:38.320] The Michael Mears Proven Method is the solution for how to stop debt collectors. [01:18:38.320 --> 01:18:41.320] Personal consultation is available as well. [01:18:41.320 --> 01:18:49.320] For more information, please visit RuleOfLawRadio.com and click on the blue Michael Mears banner or email MichaelMears at yahoo.com. [01:18:49.320 --> 01:19:03.320] That's RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-R-A-S at yahoo.com to learn how to stop debt collectors now. [01:19:19.320 --> 01:19:29.320] For more information, please visit RuleOfLawRadio.com or email M-I-C-H-A-E-L-M-I-R-A-S at yahoo.com to learn how to stop debt collectors now. [01:19:49.320 --> 01:20:09.320] Okay, we are back. [01:20:09.320 --> 01:20:15.320] We're at Fountain Rule Of Law Radio and we're talking to delicious Tina. [01:20:15.320 --> 01:20:20.320] You're so nice, Wendy. [01:20:20.320 --> 01:20:25.320] Okay, you're beginning to have too much fun at this lawyer's expense. [01:20:25.320 --> 01:20:34.320] You really need to file criminally against him again in Travis County. [01:20:34.320 --> 01:20:39.320] Okay. Well, especially with the new information that I just found out. [01:20:39.320 --> 01:20:47.320] Yes, from the Secretary of State. That might get him indicted. [01:20:47.320 --> 01:20:52.320] It's very interesting. [01:20:52.320 --> 01:21:07.320] It's backed up, but it's an absolute uncontrovertible fact because this was the determination of the Secretary of State. [01:21:07.320 --> 01:21:12.320] So that should be a done deal. [01:21:12.320 --> 01:21:18.320] It might be your turn to tell him, Res. Judicata. [01:21:18.320 --> 01:21:25.320] Oh, that's already been decided. [01:21:25.320 --> 01:21:47.320] It's really interesting because they have not responded to my motion in my appeal where I said we object and reject your disclosure record where they had to file a disclosure and it was incomplete. [01:21:47.320 --> 01:21:57.320] And we objected and rejected it and then I filed a non-response. There has been complete silence from them and the court. [01:21:57.320 --> 01:22:05.320] Have you moved the court for an order concerning discovery? [01:22:05.320 --> 01:22:27.320] We put that in the motion and the non-response. When I called the appeal court today, she said you can file a motion or a request for an extension of time to file your brief stating that you're waiting. [01:22:27.320 --> 01:22:44.320] The judge is ruling on your last two motions, which I am waiting for that. So that's what I'm going to do because I asked for 60 days extra to file my brief from the day that they produced the proper disclosure. [01:22:44.320 --> 01:23:06.320] And so I'm going to reiterate that in the next few days on a little vacation. But there's been complete and utter silence on both sides. And in the meantime, I've been doing this notary finding to try to get more evidence of his fraud and the notary. [01:23:06.320 --> 01:23:26.320] And today I just filed, sent letters to the Texas clerk of the county in Travis and in Williamson County for the prior notary who resigned her commission and was required to drop her books off. [01:23:26.320 --> 01:23:39.320] They're required to drop them at the county recorder's office where they reside, not where they work, but where they reside. So out of an abundance of caution, I sent one to where she resided and where she worked. [01:23:39.320 --> 01:23:59.320] And it says in the code that the county clerk is supposed to get those documents. So I asked them also in the letter, what efforts did you make to receive these documents or to claim these documents from the notary? If there wasn't any efforts, please say so. [01:23:59.320 --> 01:24:17.320] So that'll take a little while to get going, but that's a misdemeanor that she is hiding her records. And I don't care if it's five years or 10 years from the fact. She had a duty and the county clerk had a duty to request them. [01:24:17.320 --> 01:24:22.320] So she's someone else you can sue personally? [01:24:22.320 --> 01:24:24.320] Yes. [01:24:24.320 --> 01:24:32.320] And when you sue her personally, she's likely to squawk like a chicken, tell you everything you want to know. [01:24:32.320 --> 01:24:46.320] One would hope, because she's no longer a notary. So is CIT or one must or whoever, are they going to defend her without any fees? Are they going to defend her for free or not? [01:24:46.320 --> 01:24:47.320] We hope not. [01:24:47.320 --> 01:24:54.320] And she now lives in Tennessee. [01:24:54.320 --> 01:25:03.320] It is certainly within their purview. They're not a government agency, so they can spend their money wherever they want to. [01:25:03.320 --> 01:25:20.320] But if I were the company, I would certainly do that because she's likely to sue them or turn on them. So it'll be up to them to take care of her. But this just increases their cost of litigation. [01:25:20.320 --> 01:25:26.320] So you get malpractice insurance to pay off. [01:25:26.320 --> 01:25:31.320] Have you sent in a storage request? [01:25:31.320 --> 01:25:41.320] No, I'm waiting to see if they actually divulge their insurance with our request for disclosure. [01:25:41.320 --> 01:25:46.320] They are required to disclose it, but they haven't. [01:25:46.320 --> 01:25:53.320] So once they fulfill this, then we will do the storage request, I think. [01:25:53.320 --> 01:26:01.320] But it's all adding up, and they have not mitigated their damages one little bit in all of this. They have never mitigated their damages. [01:26:01.320 --> 01:26:11.320] And I think, Randy, if they are required to mitigate any damage, is that correct or incorrect? [01:26:11.320 --> 01:26:20.320] Mitigate the damage? I'm not sure what that means. [01:26:20.320 --> 01:26:26.320] Okay. I will find what I was researching, and I will send that to you so you can maybe discuss that. [01:26:26.320 --> 01:26:41.320] If you say, okay, you knew that something was going bad in your home, and you didn't fix it, and then you had like a major flood because you didn't fix the damage, insurance could say, well, you should have mitigated those damages. [01:26:41.320 --> 01:26:49.320] If you'd fixed this problem, you wouldn't have $50,000 of damage. You'd maybe only have five. [01:26:49.320 --> 01:27:02.320] Yes. Well, that's why mitigating damages, that's something I could guess at what it means, but that's essentially a legal term. [01:27:02.320 --> 01:27:07.320] And I would need that kind of defined to know what it actually meant. [01:27:07.320 --> 01:27:29.320] Well, one thing that comes to mind about that is since he is an attorney and he swore that he was going to follow those rules of professional conduct, you might go look in the California rules right around 5.1, 5.3, right in there and find what the partners and supervisors are required to do. [01:27:29.320 --> 01:27:38.320] It uses language like that. It uses language like that the supervisor and the partner has a responsibility to mitigate damage. [01:27:38.320 --> 01:27:48.320] They have a responsibility to not facilitate the problem, and if the problem happens, they're supposed to clean up after it. [01:27:48.320 --> 01:28:06.320] So you might go look in California, find the rules of professional conduct that has that kind of language and use it on them, maybe even on this McGinty's supervisors and partners. [01:28:06.320 --> 01:28:20.320] That would be good because it's all adding up. I mean, I'm glad I never gave up and kept digging and digging and digging because I got that loan file, because I did that four-hour deposition. [01:28:20.320 --> 01:28:29.320] That's what's opened all this up because there was information in there that just fries them. [01:28:29.320 --> 01:28:30.320] Wonderful. [01:28:30.320 --> 01:28:38.320] Sounds like you're moving toward the upside. Things are beginning to turn in your favor. [01:28:38.320 --> 01:28:45.320] We can hope. We just have to deal with those appellate court judges who threatened to sanction me, remember last time, if I kept litigating. [01:28:45.320 --> 01:28:51.320] And you were just talking with that other gentleman about threatening, and they threatened me. [01:28:51.320 --> 01:28:58.320] Of course, I ignored it, but it's still a threat. [01:28:58.320 --> 01:29:07.320] Well, we'll just have to see. One thing you do have an option is to sue them in Texas. [01:29:07.320 --> 01:29:11.320] And you got boots on the ground in Texas. [01:29:11.320 --> 01:29:21.320] I do. I'll have to talk to you about how I can do that from California in there, and all this is coming, by the way, from Travis County, all these records and things. [01:29:21.320 --> 01:29:35.320] So if there's anyone in Travis County that's close to those records that wants to go have a little chat with the clerk and the Secretary of State's office and see if they can look at those files themselves, that would be great. [01:29:35.320 --> 01:29:38.320] I may have somebody who can do that. [01:29:38.320 --> 01:29:45.320] Okay. Well, I'll let you go after the break, come back to someone new, because it's funny people to ask questions. [01:29:45.320 --> 01:29:51.320] Okay. Thank you, Tina. This is Randy California, Brett Fountain, Rue La Radio. [01:29:51.320 --> 01:29:58.320] And we're going to our sponsors, but when we come back, we'll go to Kevin in Kansas. [01:29:58.320 --> 01:30:02.320] Kevin, I hope you've read. [01:30:02.320 --> 01:30:09.320] Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps on growing. [01:30:09.320 --> 01:30:16.320] But now researchers say we can add stress to the list. I'm Dr. Catherine Albrecht, back with details in a moment. [01:30:16.320 --> 01:30:22.320] Privacy is under attack. When you give up data about yourself, you'll never get it back again. [01:30:22.320 --> 01:30:27.320] And once your privacy is gone, you'll find your freedoms will start to vanish, too. [01:30:27.320 --> 01:30:32.320] So protect your rights. Say no to surveillance and keep your information to yourself. [01:30:32.320 --> 01:30:42.320] Privacy, it's worth hanging on to. This message is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo, and Bing. [01:30:42.320 --> 01:30:45.320] Start over with Startpage. 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[01:31:31.320 --> 01:31:36.320] This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11. [01:31:36.320 --> 01:31:43.320] The government says that fire brought it down. However, 1,500 architects and engineers concluded it was a controlled demolition. [01:31:43.320 --> 01:31:46.320] Over 6,000 of my fellow service members have given their lives. [01:31:46.320 --> 01:31:49.320] And thousands of my fellow first responders are dying. [01:31:49.320 --> 01:31:54.320] I'm not a conspiracy theorist. I'm a structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. [01:31:54.320 --> 01:31:58.320] I'm a father who lost his son. We're Americans, and we deserve the truth. [01:31:58.320 --> 01:32:01.320] Go to RememberBuilding7.org today. [01:32:02.320 --> 01:32:06.320] Rule of Law Radio is proud to offer the Rule of Law traffic seminar. [01:32:06.320 --> 01:32:08.320] In today's America, we live in an us-against-them society. [01:32:08.320 --> 01:32:13.320] And if we, the people, are ever going to have a free society, then we're going to have to stand and defend our own rights. [01:32:13.320 --> 01:32:18.320] Among those rights are the right to travel freely from place to place, the right to act in our own private capacity, [01:32:18.320 --> 01:32:20.320] and most importantly, the right to due process of law. [01:32:20.320 --> 01:32:26.320] Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve our rights through due process. [01:32:26.320 --> 01:32:29.320] Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, [01:32:29.320 --> 01:32:34.320] has put together the most comprehensive teaching tool available that will help you understand what due process is [01:32:34.320 --> 01:32:36.320] and how to hold courts to the rule of law. 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[01:33:43.320 --> 01:33:48.320] Randy Kelton, Red Fountain, Rule of Law Radio, and we're going to Kevin in Kansas. [01:33:48.320 --> 01:33:53.320] Kevin, what do you have for us today? [01:33:53.320 --> 01:33:57.320] Hey there, let me get you off speaker here. [01:33:57.320 --> 01:34:00.320] Here. [01:34:00.320 --> 01:34:05.320] I don't know if you remember, I'm out on my porch, so I have a... [01:34:05.320 --> 01:34:09.320] This is where I get the most reliable signal. [01:34:09.320 --> 01:34:15.320] But the first thing I have to say is I need your permission to be on the show. [01:34:15.320 --> 01:34:21.320] Although I did read a lot, I didn't read the entire chapters 21 and 22. [01:34:21.320 --> 01:34:33.320] But I had a development occur today just following the template that Brad had laid out on Telegram. [01:34:33.320 --> 01:34:35.320] And I thought it was worthwhile to share with you. [01:34:35.320 --> 01:34:42.320] Maybe you guys could give me some advice as to, you know, how to handle it next steps. [01:34:42.320 --> 01:34:44.320] Okay, go ahead. [01:34:44.320 --> 01:34:46.320] Okay. [01:34:46.320 --> 01:34:50.320] So, you know, I've just been following the template, had a simple little speeding ticket. [01:34:50.320 --> 01:34:54.320] And I've been working on a special... [01:34:54.320 --> 01:35:01.320] I've been working on a motion to enter for a special appearance and feeling really good about my progress. [01:35:01.320 --> 01:35:06.320] And along the way, I don't know if I mentioned this last time, when I inquired, [01:35:06.320 --> 01:35:15.320] when I called the number on the letter that they sent me trying to get me to come in and to appear and to pay fines, et cetera, [01:35:15.320 --> 01:35:21.320] when I called in, the clerk that answered the phone, her name was Dara, she... [01:35:21.320 --> 01:35:24.320] I told her like, you know, I didn't make any verbal agreement or anything. [01:35:24.320 --> 01:35:27.320] I'm not sure why this wasn't dismissed. [01:35:27.320 --> 01:35:31.320] She handed me off to the judge. [01:35:31.320 --> 01:35:37.320] And the judge started giving me false legal advice, ex parte. [01:35:37.320 --> 01:35:39.320] On the phone? [01:35:39.320 --> 01:35:41.320] Yeah, on the phone. [01:35:41.320 --> 01:35:46.320] And I said, you know, what you're saying isn't really true. [01:35:46.320 --> 01:35:53.320] It's not really accurate, according to what the statutes say, that, you know, my verbal consent or signature is required. [01:35:53.320 --> 01:35:58.320] And she got upset with me. I guess she was really trying to bully me, to tell you the truth. [01:35:58.320 --> 01:36:03.320] She got upset with me and admitted it was ex parte communication, and she hung up the phone. [01:36:03.320 --> 01:36:11.320] So I went back to Dara, her clerk at the district court, and Dara said, [01:36:11.320 --> 01:36:17.320] well, I'm going to have some county attorney from Barton County, the next county over call you, because we're short staff. [01:36:17.320 --> 01:36:26.320] Okay. So basically, my thought process was like what we talked about last week, is that I don't want to hurt anybody. [01:36:26.320 --> 01:36:31.320] I really just want to come into correct contract with these folks. [01:36:31.320 --> 01:36:37.320] That's it. That's all I want, you know, and to practice, to exercise my natural rights. [01:36:37.320 --> 01:36:42.320] And so nobody called me. So I called Dara the next day. I said, hey, nobody called me. [01:36:42.320 --> 01:36:49.320] And this time she wasn't so friendly. She was really quite pushy. I guess her judge must have talked to her. [01:36:49.320 --> 01:37:02.320] And she said, you need to come in July 1st. And I said, whoa, nothing's changed on the ticket that was issued, the notice to appear. [01:37:02.320 --> 01:37:09.320] Nothing's changed on that. And she said, you just need to come in. You know, I don't want to talk about it. [01:37:09.320 --> 01:37:18.320] And I said, oh, yeah, I don't think that's correct. But okay, I hear what you're saying. [01:37:18.320 --> 01:37:24.320] And so then I really kind of dug in. I really read a lot of the code that you guys suggested. [01:37:24.320 --> 01:37:31.320] I really dove into procedure. I really studied it hard. It was a little overwhelming, but I know if I keep at it, it'll be okay. [01:37:31.320 --> 01:37:35.320] And then what happened was I started working on, according to the template that Brett laid out, [01:37:35.320 --> 01:37:41.320] and I was feeling really good about the special appearance and making jurisdiction the first issue. [01:37:41.320 --> 01:37:54.320] And it was coming out really well, just sitting quietly at the library and looking into the names that I wanted to bring up in my motion or in my special appearance notice. [01:37:54.320 --> 01:38:00.320] And I had called into Dara again just to ask for her last name. And she got really upset. [01:38:00.320 --> 01:38:08.320] She said, you don't need my last name. I said, Dara, you're a public employee. I want to enter something into the case file. [01:38:08.320 --> 01:38:14.320] And you know, I need your last name. I want to include you. You're a part of everything that happened. [01:38:14.320 --> 01:38:20.320] Very polite. I wasn't threatening in any manner whatsoever. And she got upset. You can't do that. [01:38:20.320 --> 01:38:26.320] You need to call the administrator of the court. And I was like, whoa. [01:38:26.320 --> 01:38:33.320] Oh, wow. It was just you and the judge that did this. He had nothing to do with it. [01:38:33.320 --> 01:38:40.320] So she hung up the phone on me. And I was like, okay. So I just kept working. It's a beautiful little town. [01:38:40.320 --> 01:38:45.320] It's like where Opie grew up. It's just gorgeous. [01:38:45.320 --> 01:38:54.320] You would think that if we can't solve this in this town, in this little county in America, in the middle of Kansas, we really are in trouble. [01:38:54.320 --> 01:39:01.320] So anyway, so I'm sitting there doing my little work and really feeling good about thinking, when am I going to get to call these guys back again? [01:39:01.320 --> 01:39:05.320] I have a lot more reading to do. And guess what? Boom. [01:39:05.320 --> 01:39:18.320] In charges into this quiet little library, the sheriff and the assisting local police officer, the sheriff of the county, the county sheriff. [01:39:18.320 --> 01:39:28.320] So he comes in and he says to me, listen, I'm just here to tell you that if you go anywhere near that court, if you go into that courthouse or anywhere near it, I'm going to arrest you. [01:39:28.320 --> 01:39:32.320] I was like, whoa, time out. What's going on here? [01:39:32.320 --> 01:39:33.320] Yeah, for what? [01:39:33.320 --> 01:39:49.320] I said, has a complaint been issued? Is somebody saying that I threatened somebody? Is there some sort of restraining order against me that's been issued? What's going on? [01:39:49.320 --> 01:40:00.320] And he said, well, no, I think they might just, you know, I talked to the county attorney about it and the county attorney told me that I need to do this. [01:40:00.320 --> 01:40:04.320] I said, you're the sheriff. Whoa. [01:40:04.320 --> 01:40:09.320] He just takes an order from the county attorney to just arrest somebody? [01:40:09.320 --> 01:40:10.320] Yes. [01:40:10.320 --> 01:40:11.320] Seriously? [01:40:11.320 --> 01:40:12.320] Well, he didn't arrest me. [01:40:12.320 --> 01:40:20.320] Not even any charges, but he just is threatening to arrest based on the county attorney's say so? [01:40:20.320 --> 01:40:33.320] He promised to arrest me if I went anywhere near the court. And so I said, and he was like very shaky. And I said, I said, I need to understand, you know, where this is coming from. [01:40:33.320 --> 01:40:42.320] What statute are you working off of? How are you basing your probable cause? What's going on here? Because this is extremely irregular. [01:40:42.320 --> 01:40:51.320] You know, depriving somebody of his rights that hasn't done anything wrong just to go into the courthouse. And then it started clicking for me. [01:40:51.320 --> 01:41:00.320] When I had told Dara that I was going to file a notice, I believe that most likely what happened is she got upset for herself. [01:41:00.320 --> 01:41:13.320] She talked at least to the county attorney and probably to the judge. They know that they behaved unlawfully, especially with the ex parte communication. [01:41:13.320 --> 01:41:22.320] And they got together and decided to go get the sheriff to try to scare me and intimidate me and keep me from entering the courthouse and filing. [01:41:22.320 --> 01:41:28.320] Because you can't file remotely. You have to go in person. [01:41:28.320 --> 01:41:31.320] Really? Why is that? [01:41:31.320 --> 01:41:39.320] They say only lawyers can file online. You have to go in and file it in person. [01:41:39.320 --> 01:41:51.320] So they might be talking about e-filing, whereas you should be able to just drop your pleadings into the mail, you know, whether it's certified. [01:41:51.320 --> 01:42:02.320] Probably do certified so it's tracked, but you could also do first class plus a tracking number. And it goes straight to the court clerk, and then it's been received. [01:42:02.320 --> 01:42:11.320] Okay, great. In that case, I was off. They weren't trying to keep me from filing, but for whatever reason. [01:42:11.320 --> 01:42:18.320] I mean, so they felt threatened. I guess they felt threatened. There was no actual threat. [01:42:18.320 --> 01:42:29.320] I don't know if I would assume that they felt threatened because then that puts the problem or the finger point goes back to you for having done some kind of a threat. [01:42:29.320 --> 01:42:39.320] You didn't do anything wrong. And they just out of the blue decided that they didn't like, for whatever reason, didn't like the questions or something. [01:42:39.320 --> 01:42:46.320] And their choice of how to handle that was to cause trouble for you. [01:42:46.320 --> 01:42:53.320] Did you get the name of the sheriff's deputy and the police officer that showed up? [01:42:53.320 --> 01:42:56.320] It wasn't the sheriff's deputy. It was the sheriff. [01:42:56.320 --> 01:43:01.320] Oh, the sheriff himself. Charge him with official misconduct. [01:43:01.320 --> 01:43:06.320] Yeah. Yeah. And also the county attorney as well. I mean, right now. [01:43:06.320 --> 01:43:10.320] No, no, no. Wait, wait, wait, wait. You don't know about the county attorney. [01:43:10.320 --> 01:43:12.320] You know what the sheriff said. [01:43:12.320 --> 01:43:14.320] Okay. [01:43:14.320 --> 01:43:17.320] He might have been lying. [01:43:17.320 --> 01:43:18.320] Okay. [01:43:18.320 --> 01:43:28.320] The police officer has been known to do that. So you file on the sheriff, accusing him of doing this on his own. [01:43:28.320 --> 01:43:32.320] So of denying you access to a public building. [01:43:32.320 --> 01:43:36.320] And let him show cause. [01:43:36.320 --> 01:43:38.320] Audit with the magistrate. [01:43:38.320 --> 01:43:41.320] What do I file and where do I file? [01:43:41.320 --> 01:43:45.320] Hang on. Randy Kelton, Brett Fountain, Wheel of Law Radio. [01:43:45.320 --> 01:43:49.320] Not going to have to call in numbers. We've got one segment left. [01:43:49.320 --> 01:43:53.320] Then we've got one more caller we may or may not get to. [01:43:53.320 --> 01:43:56.320] This is Randy Kelton, Brett Fountain, Wheel of Law Radio. [01:43:56.320 --> 01:43:59.320] We'll be right back. [01:43:59.320 --> 01:44:01.320] Dang, cookies. [01:44:01.320 --> 01:44:03.320] Cookies? Me love cookies. [01:44:03.320 --> 01:44:06.320] Oh, hi, Cookie Munchers. No, these are yucky cookies. [01:44:06.320 --> 01:44:09.320] Cookies? Yucky? No, no bad cookies. [01:44:09.320 --> 01:44:12.320] You can't even eat these cookies. These are cyber cookies. [01:44:12.320 --> 01:44:13.320] No cookies? [01:44:13.320 --> 01:44:16.320] No, they are cyber cookies and they clog up your computer. [01:44:16.320 --> 01:44:17.320] These have apple. [01:44:17.320 --> 01:44:20.320] Really? Oh, that's an actual apple. [01:44:20.320 --> 01:44:23.320] Yummy apple. [01:44:23.320 --> 01:44:26.320] I'm going to throw away these yucky cookies in the trash. [01:44:26.320 --> 01:44:32.320] I click control, shift, delete, and then scroll down to cookies and clear them. [01:44:32.320 --> 01:44:34.320] Bye bye yucky cookies. [01:44:34.320 --> 01:44:40.320] Now I go to logosradionetwork.com and I click on the Amazon box on the upper right-hand side, [01:44:40.320 --> 01:44:47.320] bookmark the link, and I can go to Amazon through this link and order you some yummy new cookies. [01:44:47.320 --> 01:44:49.320] New cookies? For me? [01:44:49.320 --> 01:44:51.320] Consider it an early Christmas present. [01:44:51.320 --> 01:44:57.320] And every time I order on Amazon, I go through this link and I give a little present to this radio network, too. [01:44:57.320 --> 01:44:58.320] C is for cookie. [01:44:58.320 --> 01:45:00.320] C is for classified. [01:45:00.320 --> 01:45:07.320] Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris Dictionary, [01:45:07.320 --> 01:45:15.320] the affordable, easy to understand, 4-CD course that will show you how in 24 hours, step-by-step. [01:45:15.320 --> 01:45:19.320] If you have a lawyer, know what your lawyer should be doing. [01:45:19.320 --> 01:45:22.320] If you don't have a lawyer, know what you should do for yourself. [01:45:22.320 --> 01:45:27.320] Thousands have won with our step-by-step course, and now you can, too. [01:45:27.320 --> 01:45:33.320] Juris Dictionary was created by a licensed attorney with 22 years of case-winning experience. [01:45:33.320 --> 01:45:38.320] Even if you're not in a lawsuit, you can learn what everyone should understand [01:45:38.320 --> 01:45:42.320] about the principles and practices that control our American courts. [01:45:42.320 --> 01:45:49.320] You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, [01:45:49.320 --> 01:46:00.320] pro se tactics, and much more. Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ. [01:46:19.320 --> 01:46:30.320] Some things in this world I will never understand. Some things I realize fully. [01:46:30.320 --> 01:46:37.320] Somebody's gonna police that policeman. Somebody's gonna police that policeman. [01:46:37.320 --> 01:46:43.320] Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. We're talking to Kevin in Kansas. [01:46:43.320 --> 01:46:50.320] Kevin, here's why you will like reading the penal code. [01:46:50.320 --> 01:46:58.320] Someone threatened you for the purpose of denying you access to a public building. [01:46:58.320 --> 01:47:09.320] In Texas, we have a statute for that. It's called making a terroristic threat. [01:47:09.320 --> 01:47:21.320] See if you have something similar in Kansas. It's in, I think it's chapter 26 of the penal code. [01:47:21.320 --> 01:47:26.320] It might be 22.07. I'll take a look. [01:47:26.320 --> 01:47:33.320] That's what I was just about to say. 22.07, that sounds right. [01:47:33.320 --> 01:47:38.320] Now, he probably wasn't thinking of it as making a terroristic threat. [01:47:38.320 --> 01:47:49.320] They pass these statutes to handle special purposes and they forget that when they pass the statute it applies to everybody. [01:47:49.320 --> 01:47:56.320] So, look for terroristic threat. Probably every state has got one. [01:47:56.320 --> 01:48:06.320] This is a guy with a gun. What does Kansas say about people making threats when they got guns on their hips? [01:48:06.320 --> 01:48:12.320] When they're prominently displaying a deadly weapon. [01:48:12.320 --> 01:48:18.320] There's going to be a statute for that, too. [01:48:18.320 --> 01:48:23.320] Look under threats. [01:48:23.320 --> 01:48:27.320] There will be, what are the other? [01:48:27.320 --> 01:48:32.320] You said 22.07. Is that in chapter 22? [01:48:32.320 --> 01:48:40.320] No, he's referring to Texas. 22.07 and it looks like it's A3. [01:48:40.320 --> 01:48:48.320] But in Kansas it looks like it might be Article 54, Crimes Against Persons. [01:48:48.320 --> 01:48:56.320] There's a 21-5415 criminal threat. Let's see here. [01:48:56.320 --> 01:49:02.320] Is there anything else that looks like a good fit? [01:49:02.320 --> 01:49:09.320] Terror threats in my reading, in my study so far. I remember coming across that. I just can't recall. [01:49:09.320 --> 01:49:14.320] I read so much it's a little overwhelming. I'm sure you understand. [01:49:14.320 --> 01:49:21.320] Yes, but that's great. You get digging into it. It starts to become more familiar and you begin to think, [01:49:21.320 --> 01:49:26.320] hey, I've seen this, and you can pretty easily find it again. [01:49:26.320 --> 01:49:34.320] Kansas aggravated criminal threat. The commission of a criminal threat is defined in subsection A [01:49:34.320 --> 01:49:41.320] when a public, commercial, or industrial building, place of assembly, or facility of transportation [01:49:41.320 --> 01:49:47.320] is evacuated, locked down, or disrupted as to a regular ongoing activity. [01:49:47.320 --> 01:49:51.320] No, that one won't get it. [01:49:51.320 --> 01:49:59.320] How about terrorism 21-5421 in Kansas? [01:49:59.320 --> 01:50:06.320] It is the commission of or attempt to commit, conspiracy or solicitation to commit, [01:50:06.320 --> 01:50:12.320] with the intent to affect the operation of any unit or government. [01:50:12.320 --> 01:50:17.320] So if he's preventing you from going to the courthouse and doing your business, [01:50:17.320 --> 01:50:22.320] well, then he's affecting the operation of any unit or government. [01:50:22.320 --> 01:50:28.320] That looks exactly like a fit. And the name is just going to stick in his craw. [01:50:28.320 --> 01:50:36.320] He's not going to really like having that word terrorism stuck to his name. [01:50:36.320 --> 01:50:45.320] Yeah. Well, here's some interesting things. I don't think the library might have had it video recorded. [01:50:45.320 --> 01:50:50.320] I'm not sure. I mean, he could turn around. I mean, there was a police officer there. [01:50:50.320 --> 01:50:57.320] I don't know. They could both ask him for a video for their body cams. [01:50:57.320 --> 01:51:04.320] They didn't have the body cams on, but one guy had a body cam. [01:51:04.320 --> 01:51:12.320] Hold on. Hold on. You're breaking up. Okay. Start again. Maybe it'll get better. [01:51:12.320 --> 01:51:18.320] Okay. Let me, you know, I have to move my physical position. [01:51:18.320 --> 01:51:22.320] I went inside to get a pen and that's what did it. [01:51:22.320 --> 01:51:26.320] Yeah. So the officer, the sheriff did not have a body cam. [01:51:26.320 --> 01:51:33.320] The officer, however, he did, but I asked him if it was on and he said it was not. [01:51:33.320 --> 01:51:42.320] And so I did not have, you know, that interaction recorded so they could easily lie about all that occurred. [01:51:42.320 --> 01:51:48.320] There were some peripheral witnesses in the library who were disturbed by what was going on, [01:51:48.320 --> 01:51:56.320] but they didn't really, they weren't close enough to hear the play by play. [01:51:56.320 --> 01:52:01.320] It's unfortunate. You should have asked that officer to turn his camera on. [01:52:01.320 --> 01:52:06.320] Yeah. Yeah. But don't worry about that. You always screw stuff up. [01:52:06.320 --> 01:52:11.320] I still do that. I go in. I've hammered these guys a lot, but I still screw stuff up. [01:52:11.320 --> 01:52:16.320] I get focused on one thing and I forget the peripherals, but it's good enough. [01:52:16.320 --> 01:52:19.320] You just say your side, they'll say their side. [01:52:19.320 --> 01:52:24.320] And, you know, they got to say, they got to explain what they were doing there in the first place. [01:52:24.320 --> 01:52:29.320] Right. You're here in the library minding your own business. [01:52:29.320 --> 01:52:37.320] And the sheriff comes in and threatens you to prevent you from taking care of business at the courthouse. [01:52:37.320 --> 01:52:40.320] Yes. [01:52:40.320 --> 01:52:44.320] Let's see how that works for you, Bubba. [01:52:44.320 --> 01:52:55.320] And then make sure you look up there. It's probably post, whoever trains and certifies the police officers. [01:52:55.320 --> 01:53:00.320] In most states, it's police officer certification and training. [01:53:00.320 --> 01:53:04.320] And file a complaint with them. That will affect their bonding. [01:53:04.320 --> 01:53:14.320] Especially if you file one against the sheriff accusing post of failing to properly train the sheriff. [01:53:14.320 --> 01:53:17.320] And speaking of training, there may be... [01:53:17.320 --> 01:53:22.320] You don't think I should try to let you come back into correct behavior with me? [01:53:22.320 --> 01:53:26.320] No, he's not going to. [01:53:26.320 --> 01:53:34.320] No, but you can sting him and what Randy's referring to gets some attention on him from a place where he will listen. [01:53:34.320 --> 01:53:40.320] He's not going to listen to you. He should, but he's not inclined to. [01:53:40.320 --> 01:53:45.320] What I was thinking of, though, is a records request of the policy. [01:53:45.320 --> 01:53:53.320] Speaking of training, he will have a local policy for his department that says when he's supposed to have that camera on. [01:53:53.320 --> 01:53:59.320] And it very well may say that it needs to be turned on for every encounter with the public. [01:53:59.320 --> 01:54:07.320] So that would give rise to the question, why would you turn it off? You knew you were going to make this terroristic threat, so you just turned it off? [01:54:07.320 --> 01:54:10.320] And that goes to spoilation. [01:54:10.320 --> 01:54:27.320] So anything you say, you demand they accept is true because the sheriff and this officer deliberately spoiled evidence by failing to turn on his body camera. [01:54:27.320 --> 01:54:33.320] And they did that so that they could misrepresent the truth to the court. [01:54:33.320 --> 01:54:41.320] Yeah, that's probably exactly why they didn't have the cameras, because they knew that what they were doing was unlawful. [01:54:41.320 --> 01:54:50.320] Yeah, they were just trying to. The clerk called. She was upset and they were going to take care of it for her. [01:54:50.320 --> 01:54:53.320] Well, let's see how this works out for them. [01:54:53.320 --> 01:55:05.320] So where do I like is this in legal? Is this in criminal proceed? Like where do I file this complaint if he's the county sheriff? Where do I file it? [01:55:05.320 --> 01:55:13.320] You file it with a magistrate. Always complaints get filed with magistrates and all judges are magistrates. [01:55:13.320 --> 01:55:15.320] At least they are in every state. [01:55:15.320 --> 01:55:23.320] The judge is also part of this. The judge is the. Well, there's more than one judge. [01:55:23.320 --> 01:55:25.320] OK, all right. [01:55:25.320 --> 01:55:37.320] You go to the district judge, the highest judge you can find. I filed criminal charges with the chief justice of the Supreme in Texas in his capacity as a magistrate. [01:55:37.320 --> 01:55:49.320] 2.09, who are magistrates? First one, mad the justices of the Supreme Court. So I filed it with the chief justice. [01:55:49.320 --> 01:55:57.320] So can I because whoever the judges. So this was a district court and the judge that was involved was the district court judge. [01:55:57.320 --> 01:56:01.320] So the people, the other district court judges, they're all going to be friendly. [01:56:01.320 --> 01:56:08.320] So does it matter? Does it matter? Always expect the judges to root against you. Who cares? [01:56:08.320 --> 01:56:13.320] That's not where you win your case. You win your case in the appellate court. [01:56:13.320 --> 01:56:15.320] OK. [01:56:15.320 --> 01:56:22.320] So let them screw up all they want to. All you're doing is building a record. [01:56:22.320 --> 01:56:31.320] OK, I've told him more than once. I've told a police officer when I asked him to arrest a judge, I'm not going to arrest a judge. [01:56:31.320 --> 01:56:37.320] Well, I had to ask. You had to refuse. [01:56:37.320 --> 01:56:44.320] So you have to make the claim. They have to refuse to act on it. [01:56:44.320 --> 01:56:56.320] So you invoke the judge's duty as a magistrate. He either acts on it or he doesn't. And look up what the duties of magistrates are in Kansas. [01:56:56.320 --> 01:56:58.320] OK. [01:56:58.320 --> 01:57:06.320] In Texas, it says it is the duty of the magistrate to keep the peace in the state of Texas. [01:57:06.320 --> 01:57:21.320] Here's a starter for you. Kevin, here's a starter for you. It is in Article 23 and it says 22-2301. [01:57:21.320 --> 01:57:36.320] Commencement of prosecution. So it says that you commence by filing a complaint with a magistrate and you can poke around in that same area and find these other pieces that Randy's talking about. [01:57:36.320 --> 01:57:53.320] And there'll be a standard complaint form in the civil procedure or is this civil or criminal procedure? No, no, this is criminal. So there'll be a criminal complaint form for me in criminal procedure to model. [01:57:53.320 --> 01:58:06.320] Just look at what you were charged with. That's a criminal complaint. Look in the record and see if you can find a document titled an information. [01:58:06.320 --> 01:58:19.320] An information is a criminal complaint written by a prosecutor. If the prosecutor gets a complaint, he renders it into an information. It's a complaint in proper form. [01:58:19.320 --> 01:58:25.320] But we are out of time and it looks like you're going to have some fun. [01:58:25.320 --> 01:58:37.320] OK. Thank you all for listening. This is Randy Kelton, Brett Fountain, Rue de la Radio. We'll be back tomorrow night on our four-hour info marathon. [01:58:37.320 --> 01:58:50.320] And I've got a guest tomorrow night on this business that Scott Richardson talked about. Thank you. Good night. 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