[00:00.000 --> 00:04.480]  This news brief brought to you by the International News Net.
[00:04.480 --> 00:09.640]  The US military's recently published death toll of 77,000 Iraqi civilians and security
[00:09.640 --> 00:15.760]  forces falls far short of the 85,000 counted last year by the Iraqi Human Rights Ministry
[00:15.760 --> 00:17.400]  using death certificates.
[00:17.400 --> 00:23.200]  A tally by the Iraq Body Count, a British-based group, estimated up to 107,000 Iraqi civilians
[00:23.200 --> 00:28.800]  were killed between March 2003 and September 2010.
[00:28.800 --> 00:34.120]  A Chinese government spokesman says the US should not use the weak yarn as a scapegoat
[00:34.120 --> 00:36.080]  for its own economic problems.
[00:36.080 --> 00:41.200]  A Commerce Ministry spokesman said China would continue to reform its currency policy but
[00:41.200 --> 00:42.840]  at its own pace.
[00:42.840 --> 00:47.760]  The US government is expected to release a report officially branding China a currency
[00:47.760 --> 00:50.640]  manipulator.
[00:50.640 --> 00:56.560]  The US Chamber of Commerce's chief lobbyist, Bruce Jostin, appeared on MSNBC Friday denying
[00:56.560 --> 01:01.200]  claims the Chamber was funneling foreign money into midterm election campaigns.
[01:01.200 --> 01:06.360]  Jostin refused to disclose donors' names saying, quote, corporations sit in a very different
[01:06.360 --> 01:08.120]  space than individuals.
[01:08.120 --> 01:14.200]  Earlier this year, the Supreme Court's Citizens United decision established corporate personhood,
[01:14.200 --> 01:18.800]  lifting disclosure laws and limits on campaign spending.
[01:18.800 --> 01:24.800]  Margo Wolfstrom, UN envoy on sexual violence in conflict, said Thursday UN-backed Congolese
[01:24.800 --> 01:30.880]  troops murdered and raped villagers and marauded homes in the Wali-Kali area of the Democratic
[01:30.880 --> 01:32.880]  Republic of Congo.
[01:32.880 --> 01:37.480]  Wolfstrom heard directly from villagers and UN peacekeepers in the place where killings,
[01:37.480 --> 01:39.820]  rapes and lootings had been carried out.
[01:39.820 --> 01:45.080]  In the same area two months ago, Democratic forces for the liberation of Rwanda and Mai-Mai
[01:45.080 --> 01:52.000]  militias carried out the mass rape of 300 civilians, 20 miles from a UN base.
[01:52.000 --> 01:56.080]  Wolfstrom said, quote, the possibility that the same communities that were brutalized
[01:56.080 --> 02:02.280]  by FDLR and Mai-Mai elements in July and August are now also suffering exactions at the hands
[02:02.280 --> 02:06.880]  of government troops is unimaginable and unacceptable.
[02:06.880 --> 02:13.640]  Wolfstrom quoted one victim as saying, a dead rat is worth more than the body of a woman.
[02:13.640 --> 02:18.160]  Top U.S. officials say the Obama administration is a partner with the Afghan government in
[02:18.160 --> 02:23.040]  its peace talks with the Taliban, even though U.S. officials aren't sitting at the table.
[02:23.040 --> 02:27.960]  Defense Secretary Robert Gates said Wednesday any reconciliation between Afghan president
[02:27.960 --> 02:33.320]  are made Karzai's government and the Taliban must be led by Afghans, adding the U.S. is
[02:33.320 --> 02:36.240]  offering advice and following initial talks.
[02:36.240 --> 02:40.840]  Gates said, quote, one of the principles we have established with President Karzai is
[02:40.840 --> 02:43.800]  transparency so we know what they are doing.
[02:43.800 --> 02:47.800]  They know what we are doing and they understand what our requirements are.
[02:47.800 --> 02:52.360]  Gates' comments came after it was learned Wednesday, NATO was providing safe passage
[02:52.360 --> 02:55.320]  to Taliban officials engaged in settlement talks.
[02:55.320 --> 02:59.600]  This news brief brought to you by the International News Net.
[02:59.600 --> 03:09.000]  You are listening to the Rule of Law Radio Network at ruleoflawradio.com, live free speech
[03:09.000 --> 03:18.000]  talk radio at its best.
[03:18.000 --> 03:37.000]  Well, I received my remedy today, came in a box just like this.
[03:37.000 --> 03:50.000]  I accepted it for value right away, it's not true, not later, we are originators and the
[03:50.000 --> 03:53.000]  pathway seems to get straighter every day.
[03:53.000 --> 04:04.720]  Okay, folks, we are back, we're taking your calls, whatever is good for the gander is
[04:04.720 --> 04:11.160]  good for the goose, we can take them into court too, folks, all right, we're taking
[04:11.160 --> 04:15.960]  your calls, we've got Pat from West Texas, Pat?
[04:15.960 --> 04:22.960]  Hi, Randy, Eddie, I hope my connection is okay.
[04:22.960 --> 04:25.320]  Barely and there's a lot of background noise.
[04:25.320 --> 04:31.560]  Yeah, a lot of noise out here, it's more that there's a lot better going on.
[04:31.560 --> 04:36.240]  You're cutting out a lot, Pat, so why don't you ask your question or make your comment?
[04:36.240 --> 04:49.400]  Look at the land, at the very beginning of any, it transfers our signs and all the land
[04:49.400 --> 04:55.200]  and then they get into the rest of it, that first part, first the land.
[04:55.200 --> 04:59.360]  Pat, Pat, your connection is too bad, you're cutting out like every other word, we can't
[04:59.360 --> 05:01.360]  understand what you're saying.
[05:01.360 --> 05:04.040]  You may have to climb the tower and call us back.
[05:04.040 --> 05:05.760]  Why don't you try to get into a better location?
[05:05.760 --> 05:08.960]  All right, we're going to go now to David in Texas.
[05:08.960 --> 05:12.600]  David, thanks for calling in, what's on your mind tonight?
[05:12.600 --> 05:17.080]  Hi, Deb, hi Eddie, hi Randy.
[05:17.080 --> 05:26.000]  I'm one of these people who are being foreclosed on and I'm trying to figure out what I can
[05:26.000 --> 05:33.600]  do to hang on to what I got for as long as I can and I'd sent Randy an email and he sent
[05:33.600 --> 05:39.600]  me the name and number of someone to call and contact and talk about and that was way
[05:39.600 --> 05:49.360]  last month but now I sent them a letter of disputing the validity of the lien or debt
[05:49.360 --> 05:56.160]  and that kind of bought me a little bit of time and I was, now they sent that back, you
[05:56.160 --> 06:00.360]  know, with, with...
[06:00.360 --> 06:08.920]  Okay, question, has foreclosure commenced?
[06:08.920 --> 06:16.200]  Not at this time, not at this time, it's going to be, I'm going to be back where I was on
[06:16.200 --> 06:24.880]  November 2nd, they're going to sell my property on the steps of the courthouse and, but one
[06:24.880 --> 06:30.400]  thing that the person that you instructed me to call and talk to, one of his questions
[06:30.400 --> 06:37.440]  was has your note been sold and now apparently that's just been sold to Bank of America and
[06:37.440 --> 06:40.440]  I don't know...
[06:40.440 --> 06:46.720]  Okay, the only way you're going to stop them is to sue them.
[06:46.720 --> 06:47.720]  Okay, alright.
[06:47.720 --> 06:55.600]  They're not going to pay any attention to anything else and that'll buy you time, especially
[06:55.600 --> 07:01.880]  Bank of America has apparently stopped all foreclosures so if you sue them now it'll
[07:01.880 --> 07:08.680]  pretty well stop them in their tracks and that's primarily what the suit is for, buys
[07:08.680 --> 07:15.720]  you time and this is what we've been maintaining from the beginning.
[07:15.720 --> 07:21.760]  In this instance, in this case, time is in your favor, the longer you can hold them off
[07:21.760 --> 07:28.280]  the worse the sky's going to fall in on them, more likely you are to win or at least get
[07:28.280 --> 07:32.880]  a deal you can't pass up.
[07:32.880 --> 07:39.120]  So if you want to try to save it, either use what we do or go on the internet and put together
[07:39.120 --> 07:41.120]  something but sue them.
[07:41.120 --> 07:42.120]  Okay.
[07:42.120 --> 07:45.160]  Oh, sue against them, that'll get them stopped.
[07:45.160 --> 07:52.080]  Now you were mentioning something about different law firms and those are the people that...
[07:52.080 --> 08:01.280]  Now here's a couple of odd things that I find that it's the same law firm representing,
[08:01.280 --> 08:11.320]  you know, the former, gosh, I guess loan servicing and that's what Bank of America claims to
[08:11.320 --> 08:18.160]  be doing now is just servicing the loan but yet I'm getting conflicting information from
[08:18.160 --> 08:24.280]  the law firm saying who actually owns the note, whether it's Citibank or Bank of America
[08:24.280 --> 08:25.640]  or...
[08:25.640 --> 08:33.800]  You shouldn't be surprised by that because most likely the law firm has no clue.
[08:33.800 --> 08:34.800]  Okay.
[08:34.800 --> 08:43.040]  That's the problem, they really don't know who the holder is.
[08:43.040 --> 08:49.240]  So when you ask those specific questions, they can't answer them and the only way to
[08:49.240 --> 08:57.000]  legitimately and officially ask the question is in discovery.
[08:57.000 --> 09:03.960]  Suing them puts them on the legal dime to where they are bound to answer or lose the
[09:03.960 --> 09:11.480]  suit and they can't answer.
[09:11.480 --> 09:12.480]  Find a way to sue them, right?
[09:12.480 --> 09:16.600]  Or you can sue somebody else, frankly, it doesn't matter to us.
[09:16.600 --> 09:23.200]  There are so many out there we can't get to all of them but find a way to sue them, that'll
[09:23.200 --> 09:24.200]  stop them.
[09:24.200 --> 09:25.200]  Okay.
[09:25.200 --> 09:30.800]  And the quicker the better, if they have your house slated for foreclosure, you need it
[09:30.800 --> 09:32.440]  done before foreclosure.
[09:32.440 --> 09:33.440]  Right.
[09:33.440 --> 09:38.360]  All right, well, I'll let you know how things turn out.
[09:38.360 --> 09:39.360]  All right.
[09:39.360 --> 09:41.400]  All right, thanks David.
[09:41.400 --> 09:45.120]  Okay, we're going now to Jerry in Texas.
[09:45.120 --> 09:46.640]  Jerry, thanks for calling in.
[09:46.640 --> 09:47.640]  What's on your mind tonight?
[09:47.640 --> 09:53.240]  I've got a due process question for Randy or maybe a couple of them.
[09:53.240 --> 10:01.480]  When and how do you determine when the prosecutor or whoever trashed your complaint and how
[10:01.480 --> 10:07.720]  long do you wait before you take the next step up the ladder and which process do you
[10:07.720 --> 10:08.720]  like the best?
[10:08.720 --> 10:13.240]  Waiting for the grand jury to come into court and present it like I've heard you talk about
[10:13.240 --> 10:21.000]  or going to the beta and I'll listen for your answer.
[10:21.000 --> 10:23.160]  Okay.
[10:23.160 --> 10:29.040]  Which process is, depends on what I'm trying to do.
[10:29.040 --> 10:38.400]  Now as to how long you give the prosecutor to get to a grand jury, you consider the county
[10:38.400 --> 10:40.120]  that you're in.
[10:40.120 --> 10:45.200]  Now if you're in Travis County, we've got five grand juries, they meet every day.
[10:45.200 --> 10:47.440]  So in that case, I'd give him a couple of weeks.
[10:47.440 --> 10:52.960]  If you're in a small county where they have a grand jury that meets once a month, you
[10:52.960 --> 10:58.520]  find out when they're going to meet and if they won't tell you exact day, just the week
[10:58.520 --> 11:04.960]  they're going to meet and the week after you call down to the court or go to the court
[11:04.960 --> 11:09.120]  and check the minutes of the grand jury.
[11:09.120 --> 11:14.400]  The minutes of the grand jury will reflect true bill or no bill.
[11:14.400 --> 11:20.040]  It will show all the presentments brought to the grand jury and rather they voted to
[11:20.040 --> 11:22.880]  indict or not to indict.
[11:22.880 --> 11:30.480]  If you don't find the name of your accused in there, after the grand jury has met, then
[11:30.480 --> 11:34.680]  you have reason to believe the prosecutor attorney didn't act on your complaint.
[11:34.680 --> 11:38.560]  So that'll kind of give you a way to set the time.
[11:38.560 --> 11:46.840]  If it's in a county like Dallas, Tarrant, Travis, Harris, where they have a number of
[11:46.840 --> 11:52.800]  grand juries, then give them a reasonable time, a week, two weeks and if you haven't
[11:52.800 --> 12:01.880]  received any notice, I suggest when you file the complaint that you, it's really best if
[12:01.880 --> 12:09.080]  you do it by mail and put in a stamp self address envelope asking the prosecutor notify
[12:09.080 --> 12:14.740]  you of when he intends to present the complaint to the grand jury.
[12:14.740 --> 12:18.440]  If you don't get that back within a reasonable time, then that gives you reason to believe
[12:18.440 --> 12:21.280]  that he didn't file it.
[12:21.280 --> 12:27.880]  Now, as to going down there, probably a bad idea.
[12:27.880 --> 12:35.160]  I can do that because I've done this a lot and I've had a lot of practice in not losing
[12:35.160 --> 12:40.880]  my cool and allowing them to get me into a confrontation.
[12:40.880 --> 12:45.320]  Better to do everything by mail if you can.
[12:45.320 --> 12:52.400]  Send it to the grand jury by way of the prosecutor's office and when you don't get a response
[12:52.400 --> 12:55.840]  from them, you know, put a letter in there to the foreman asking him to send it back
[12:55.840 --> 12:56.840]  to you.
[12:56.840 --> 13:01.600]  If you don't get that letter back, then you just run another round of complaints.
[13:01.600 --> 13:06.440]  You send one to the district judge against the district attorney, I mean, accusing him
[13:06.440 --> 13:13.520]  of tampering with the mail and obstructing justice.
[13:13.520 --> 13:19.840]  You just keep building and you can send one a week to the grand jury.
[13:19.840 --> 13:23.840]  It's essentially better not to get in front of them.
[13:23.840 --> 13:29.320]  It's better to keep making the grand jury noises and when they do their little song
[13:29.320 --> 13:34.960]  and dance to try to get rid of you, all of a sudden it gets worse and they pull some
[13:34.960 --> 13:38.880]  other stuff and it gets worse and you walk up the chain.
[13:38.880 --> 13:41.920]  You go to the district attorney, then the district judge and then file again with the
[13:41.920 --> 13:48.880]  grand jury against the district judge and then when the prosecuting attorney interferes
[13:48.880 --> 13:54.880]  with the complaint to the district judge, if it's in Texas, then you can petition for
[13:54.880 --> 14:03.280]  a court of inquiry and ask a different district judge to investigate into these other district
[14:03.280 --> 14:10.360]  judges and when they don't, then you can go to the court of appeals and ask them to convene
[14:10.360 --> 14:11.560]  a court of inquiry.
[14:11.560 --> 14:18.860]  So you start waving what they're doing in front of everybody and just keep sending complaints
[14:18.860 --> 14:20.160]  to the grand jury.
[14:20.160 --> 14:26.200]  Their problem is what if one of these grand jurors actually finds out about this and what
[14:26.200 --> 14:33.440]  if they're already annoyed at the judge for one reason or another?
[14:33.440 --> 14:37.200]  One indictment they're careerians.
[14:37.200 --> 14:46.200]  You're just making grand jury noises is like waving their careers before their eyes, playing
[14:46.200 --> 14:49.240]  Russian roulette with their careers.
[14:49.240 --> 14:52.960]  This is how we're going to get the courts back.
[14:52.960 --> 14:54.440]  So that's how I suggest doing it.
[14:54.440 --> 15:00.560]  I don't suggest you go down and bushwhack the judge in his courtroom unless you're
[15:00.560 --> 15:09.120]  real confident that you can keep your cool and not wind up being thrown in jail.
[15:09.120 --> 15:14.320]  I had another subject I wanted to talk to you about on the phone.
[15:14.320 --> 15:20.320]  I sent you my email, telephone number, if you could call me because I don't want to
[15:20.320 --> 15:24.320]  talk about this on the air, but we'll let the cat out of the bag.
[15:24.320 --> 15:33.320]  It is pretty serious and it concerns a district attorney and not too far from where you live
[15:33.320 --> 15:35.320]  I'll say that much.
[15:35.320 --> 15:38.320]  Could you do that you think?
[15:38.320 --> 15:39.320]  Yes I can.
[15:39.320 --> 15:44.040]  I've been out of town so I hadn't checked my rule of law as much as I need to.
[15:44.040 --> 15:48.520]  I'll check that in the morning and get back to you.
[15:48.520 --> 15:49.520]  Okay.
[15:49.520 --> 15:50.520]  All right.
[15:50.520 --> 15:53.520]  I had one other question about the mortgages.
[15:53.520 --> 15:59.120]  Say a foreclosure occurred several years ago.
[15:59.120 --> 16:03.520]  Can you still bring up fraud and do something about it at this late date, say it happened
[16:03.520 --> 16:06.520]  five years ago?
[16:06.520 --> 16:10.120]  Absolutely.
[16:10.120 --> 16:15.120]  The statute of limitations on fraud begins to run when you discover it.
[16:15.120 --> 16:16.120]  Okay.
[16:16.120 --> 16:21.800]  So if you just discover it today, that's when the clock starts.
[16:21.800 --> 16:22.800]  Yes.
[16:22.800 --> 16:27.120]  It is the nature of fraud to be concealed.
[16:27.120 --> 16:31.120]  That's why the statute of limitations tolls until it's discovered.
[16:31.120 --> 16:32.120]  Okay.
[16:32.120 --> 16:34.120]  We're about to go to break.
[16:34.120 --> 16:36.120]  You have any more questions you want to hang over there?
[16:36.120 --> 16:38.120]  That pretty well did it.
[16:38.120 --> 16:39.120]  Thank you.
[16:39.120 --> 16:46.120]  This is Randy Kelton, Deborah Stevens, Betty Craig, Rule of Law Radio.
[16:46.120 --> 16:48.120]  Our call banks are getting empty.
[16:48.120 --> 16:51.120]  If you've got any questions or comments, call in.
[16:51.120 --> 17:02.120]  We'll be right back on the other side.
[17:02.120 --> 17:07.120]  Capital Coin and Bullion is your local source for rare coins, precious metals and coin supplies
[17:07.120 --> 17:09.120]  in the Austin metro area.
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[17:47.120 --> 17:48.120]  with any questions.
[17:48.120 --> 17:53.120]  Ask for Chad and say you heard about us on Rule of Law Radio or 90.1 FM.
[17:53.120 --> 18:00.120]  That's Capital Coin and Bullion, 512-646-6440.
[18:00.120 --> 18:05.120]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
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[18:19.120 --> 18:24.120]  federal civil rights statutes, what to do when contacted by phone, mail or court summons,
[18:24.120 --> 18:28.120]  how to answer letters and phone calls, how to get debt collectors out of your credit
[18:28.120 --> 18:34.120]  report, how to turn your financial tables on them and make them pay you to go away.
[18:34.120 --> 18:39.120]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
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[18:41.120 --> 18:47.120]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:47.120 --> 18:50.120]  or email michaelmears at yahoo.com.
[18:50.120 --> 18:59.120]  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
[18:59.120 --> 19:02.120]  collectors now.
[19:02.120 --> 19:04.120]  Well, don't let them get to you.
[19:04.120 --> 19:07.120]  Only the father can't do it by you.
[19:07.120 --> 19:10.120]  So don't let bad mind people hurt you.
[19:10.120 --> 19:13.120]  And tell states and get behind us about that.
[19:13.120 --> 19:16.120]  Know what I mean, my friend?
[19:16.120 --> 19:42.120]  Tell him you're probably in pain, call on his name once again, maybe boy, you know he won't stay in.
[19:42.120 --> 19:47.120]  He's everything to me, that's why I call him.
[19:47.120 --> 19:50.120]  Don't stop me, me, and me pray to him.
[19:50.120 --> 19:53.120]  Because he's the only one who could answer him.
[19:53.120 --> 19:56.120]  He's not business what me kid man say him.
[19:56.120 --> 19:59.120]  Man can you know he's just leading me.
[19:59.120 --> 20:10.120]  Tell him you're probably in pain, call on his name once again, maybe boy, you know he won't stay in.
[20:10.120 --> 20:13.120]  Because you know he works them, trust in God.
[20:13.120 --> 20:16.120]  All right, we're talking to Gary in Georgia now.
[20:16.120 --> 20:17.120]  Gary, thanks for calling in.
[20:17.120 --> 20:19.120]  What's on your mind?
[20:19.120 --> 20:20.120]  Oh, what's on my mind?
[20:20.120 --> 20:22.120]  Hi Deborah, hi Randy.
[20:22.120 --> 20:31.120]  And I would like to discuss about the Fair Debt Collective Practice Act used in the mortgage situation.
[20:31.120 --> 20:44.120]  There's a case decided by the U.S. Supreme Court and anyone can find this on the docket, U.S. Supreme Court News.
[20:44.120 --> 20:54.120]  And what it will say is that the Supreme Court will decide whether the debt collector violated the Fair Debt Collective Practice Act
[20:54.120 --> 21:02.120]  when it used allegedly deceptive forms to notify a debtor of a foreclosure in her home.
[21:02.120 --> 21:04.120]  And that's a country where it belongs.
[21:04.120 --> 21:08.120]  I won't expound so much into it.
[21:08.120 --> 21:11.120]  But Randy is right on point.
[21:11.120 --> 21:17.120]  At least it's been my theory for the last ten years.
[21:17.120 --> 21:25.120]  And of course, Ricky Cornforth of Oklahoma is in to collect any debt.
[21:25.120 --> 21:28.120]  You have to have a competent bank witness.
[21:28.120 --> 21:30.120]  And we call that the who says theory.
[21:30.120 --> 21:32.120]  Who says I got to do this or that?
[21:32.120 --> 21:36.120]  So document, verify with substantive evidence.
[21:36.120 --> 21:37.120]  Do what?
[21:37.120 --> 21:39.120]  Prove the truth, the matter of certainty.
[21:39.120 --> 21:41.120]  So here we have these attorneys.
[21:41.120 --> 21:42.120]  They just show up.
[21:42.120 --> 21:50.120]  You know what, they show up on the steps of selling these so-called foreclosures.
[21:50.120 --> 21:59.120]  But there's not once in a tell a proof that, as Randy said, and I teach this, it's found all the time.
[21:59.120 --> 22:01.120]  Proof of agency.
[22:01.120 --> 22:10.120]  And that is one thing that people are missing in any so-called collection theory as far as IRS,
[22:10.120 --> 22:13.120]  credit cards, or even as mortgages.
[22:13.120 --> 22:24.120]  So now the thing is coming to the forefront is that, hey, the attorneys or debt collectors,
[22:24.120 --> 22:32.120]  therefore you're not limited by this case, actual damages.
[22:32.120 --> 22:37.120]  You're not limited by a third part of a bank, $1,000.
[22:37.120 --> 22:43.120]  You're limited by the value of the poor person's home.
[22:43.120 --> 22:51.120]  And remember that it's the attorneys that say this, but they fail to document, verify anything.
[22:51.120 --> 22:54.120]  Plus, attorneys can't testify.
[22:54.120 --> 22:56.120]  They are not witnesses.
[22:56.120 --> 23:01.120]  As Randy said, they have no standing.
[23:01.120 --> 23:09.120]  And if people understand what it means by standing, you've got to be injured in any court case in America,
[23:09.120 --> 23:12.120]  from divorce, everywhere it is.
[23:12.120 --> 23:19.120]  Because all obligations to another to even have a court case arises by contract or tort.
[23:19.120 --> 23:23.120]  And they haven't shown the attorneys were injured.
[23:23.120 --> 23:29.120]  They haven't shown the real part of interest under Rule 17, the civil procedure.
[23:29.120 --> 23:35.120]  So in essence, they have nothing.
[23:35.120 --> 23:38.120]  So as Randy said, and I totally agree.
[23:38.120 --> 23:46.120]  Anyway, I'm just calling to really say, hey, he's right on point.
[23:46.120 --> 23:52.120]  And I haven't had anybody to refute this theory.
[23:52.120 --> 24:00.120]  But this is where we're going to shut him down, is because you make a claim on administratively
[24:00.120 --> 24:06.120]  on the attorneys or the law firms, the insurance, and they can't practice no more.
[24:06.120 --> 24:15.120]  So what do you think about that theory, at least on my side, because Randy personally said that, sir?
[24:15.120 --> 24:21.120]  Yeah, I think the attorney is going to be the weak link.
[24:21.120 --> 24:28.120]  He's trying to come in and do a lot of profit taking at everybody's expense.
[24:28.120 --> 24:36.120]  So it appears as though it's not just that he's the easiest target, he's the most reasonable target.
[24:36.120 --> 24:43.120]  And part of the problem we have is figuring out which battle we should fight.
[24:43.120 --> 24:48.120]  And so far, I think we've been fighting the wrong battle.
[24:48.120 --> 24:55.120]  We've been arguing with a non-existent holder, trying to prove that the holder is not the holder,
[24:55.120 --> 24:57.120]  but just an interloper.
[24:57.120 --> 25:02.120]  And it finally occurred to me, why are we even discussing the holder?
[25:02.120 --> 25:06.120]  The holder's not the one that's trying to come and take the property.
[25:06.120 --> 25:09.120]  It's the attorney firm.
[25:09.120 --> 25:13.120]  So even if the attorney proves up...
[25:13.120 --> 25:21.120]  That's right, sir, it's the person who says he's making the claim is proud of the court
[25:21.120 --> 25:30.120]  because, as he said, and I tell everyone, in a non-judicial foreclosure state, go sue him.
[25:30.120 --> 25:36.120]  In my state, it just costs $85 plus service to go sue anybody in my state.
[25:36.120 --> 25:43.120]  Now, if you want to go in the feds, of course, it's about $300-something, but I tell you,
[25:43.120 --> 25:49.120]  in the interstate union, you can sue other Fair Debt Collection Practice Act
[25:49.120 --> 25:53.120]  because property rights accrue under state law.
[25:53.120 --> 26:02.120]  And by golly, if I have a monetary interest in my property, it's mine.
[26:02.120 --> 26:06.120]  You can't take with that the process of all anything.
[26:06.120 --> 26:09.120]  The attorney says, here's a multi-level of the case.
[26:09.120 --> 26:13.120]  So as he fills the document, verify the truth is not asserted.
[26:13.120 --> 26:17.120]  All your rules of evidence come into play.
[26:17.120 --> 26:21.120]  And as you said, I think you really put on a good show, sir,
[26:21.120 --> 26:25.120]  because as anyone can look at it, he's got nothing.
[26:25.120 --> 26:29.120]  Now, I do make this presentation.
[26:29.120 --> 26:32.120]  I say, why have Obama's mama came in there,
[26:32.120 --> 26:36.120]  and she said she represented XYZ Corporation?
[26:36.120 --> 26:38.120]  Or Henry the Hound Dog?
[26:38.120 --> 26:41.120]  Or how about the First Baptist Church of Austin?
[26:41.120 --> 26:44.120]  The choir says, well, we represent it.
[26:44.120 --> 26:47.120]  Require strict proof.
[26:47.120 --> 26:49.120]  Thank you, Ed.
[26:49.120 --> 26:50.120]  Thanks a lot, Randy.
[26:50.120 --> 26:52.120]  You did a good job, sir.
[26:52.120 --> 26:53.120]  Good evening.
[26:53.120 --> 26:54.120]  Thank you, Gary.
[26:54.120 --> 27:00.120]  We're trying to find the right battle to fight first.
[27:00.120 --> 27:03.120]  So if we attack the point of the spear,
[27:03.120 --> 27:08.120]  which is the attorney firm attempting to do the foreclosure,
[27:08.120 --> 27:09.120]  we attack him first.
[27:09.120 --> 27:11.120]  We maintain that he doesn't have standing.
[27:11.120 --> 27:15.120]  And if he doesn't have standing or agency,
[27:15.120 --> 27:21.120]  then it would take agency to give him standing to represent the principle.
[27:21.120 --> 27:24.120]  So he has to prove that.
[27:24.120 --> 27:29.120]  If he doesn't have it, what is he?
[27:29.120 --> 27:31.120]  He's a criminal.
[27:31.120 --> 27:33.120]  That's what he is.
[27:33.120 --> 27:36.120]  He's perpetrating a criminal fraud.
[27:36.120 --> 27:41.120]  And I don't care if Judge Sparks doesn't like it or not.
[27:41.120 --> 27:43.120]  Criminal fraud is still criminal fraud.
[27:43.120 --> 27:48.120]  And if Judge Sparks has it made known to him in the form of his duty
[27:48.120 --> 27:54.120]  that a crime has been committed, his duty as a magistrate is invoked.
[27:54.120 --> 27:58.120]  And I don't really care if he doesn't want to do his duty or not.
[27:58.120 --> 28:02.120]  So I would very much like a shot at him.
[28:02.120 --> 28:06.120]  So we get rid of the judicial scoundrels.
[28:06.120 --> 28:12.120]  Then we get the judges actually honest and following law.
[28:12.120 --> 28:17.120]  Then we may actually get some justice around here.
[28:17.120 --> 28:23.120]  So first I want to go after one of the judges' buddies,
[28:23.120 --> 28:28.120]  one of his fellow attorneys, get him to answer.
[28:28.120 --> 28:36.120]  Now, if he proves up, if he in fact does prove that he has agency
[28:36.120 --> 28:42.120]  and he has agency for the principle, now we go to the principle.
[28:42.120 --> 28:48.120]  We get to force the principle to prove that in fact he is the principle,
[28:48.120 --> 28:54.120]  that he is the current holder of the note that holds the note legally.
[28:54.120 --> 28:59.120]  And because of what they've been doing, they can't get there.
[28:59.120 --> 29:02.120]  Okay, we don't have any more callers.
[29:02.120 --> 29:03.120]  We're about to go to another break.
[29:03.120 --> 29:09.120]  When we come back from break, I'm going to kind of walk through
[29:09.120 --> 29:15.120]  why I maintain that the lenders have deliberately created loans
[29:15.120 --> 29:18.120]  they intend to default.
[29:18.120 --> 29:20.120]  It's been a while since I walked through this,
[29:20.120 --> 29:24.120]  and I need to practice presenting it.
[29:24.120 --> 29:29.120]  And even if you've heard it before, there's so much here
[29:29.120 --> 29:32.120]  that's likely you'll find some new pieces.
[29:32.120 --> 29:33.120]  So let me get back.
[29:33.120 --> 29:40.120]  I'm going to spend probably 30 minutes walking through
[29:40.120 --> 29:45.120]  how the lenders set everything up to rob you blind.
[29:45.120 --> 29:49.120]  This is Randy Kelton, Deborah Stevens, Eddie Craig,
[29:49.120 --> 30:00.120]  and Ludovil Radio, and we'll be right back.
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[30:31.120 --> 30:34.120]  Are you a Facebook fiasco just waiting to happen?
[30:34.120 --> 30:37.120]  There's a downside to posting everything on your social network,
[30:37.120 --> 30:39.120]  and it just might leave you a sitting duck.
[30:39.120 --> 30:42.120]  I'm Dr. Catherine Alibarque, and I'll tell you more in just a moment.
[30:42.120 --> 30:46.120]  Your search engine is watching you, recording all your searches,
[30:46.120 --> 30:50.120]  and creating a massive database of your personal information.
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[30:51.120 --> 30:53.120]  But it doesn't have to be that way.
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[30:58.120 --> 31:01.120]  make a record of your searches or use tracking cookies,
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[31:13.120 --> 31:16.120]  Social networking sites may seem like a good way to keep up with friends,
[31:16.120 --> 31:20.120]  relatives and colleagues, but beware, enemies are watching too.
[31:20.120 --> 31:23.120]  Citizens of Nashua, New Hampshire learn this the hard way
[31:23.120 --> 31:28.120]  when the Facebook bandits timed break-ins based on their victims' Facebook posts.
[31:28.120 --> 31:32.120]  Local police reported that 50 homes were broken into by tech-savvy criminals.
[31:32.120 --> 31:36.120]  They used Facebook posts to see when victims would be away from home,
[31:36.120 --> 31:38.120]  and they timed their strikes accordingly.
[31:38.120 --> 31:42.120]  To avoid falling prey to Facebook bandits, or worse, use this rule of thumb.
[31:42.120 --> 31:45.120]  If you wouldn't reveal your activities and whereabouts to hardened criminals
[31:45.120 --> 31:49.120]  or total strangers, you shouldn't put them on your social network page either.
[31:49.120 --> 31:53.120]  This is Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:53.120 --> 32:19.120]  Music
[32:19.120 --> 32:26.120]  We're back. Randy Pelton, Dennis Stevenson, and Craig through my radio.
[32:26.120 --> 32:33.120]  And I'm going to spend the next couple of segments talking about how lenders create,
[32:33.120 --> 32:40.120]  how and why lenders create notes they intend to default.
[32:40.120 --> 32:46.120]  On the surface, it seems counterintuitive because when we think of mortgage companies,
[32:46.120 --> 32:51.120]  we tend to think of mortgage companies in terms of it's a wonderful life,
[32:51.120 --> 32:59.120]  where you have a bank that secures funds from its local neighbors,
[32:59.120 --> 33:06.120]  then lends out funds to other local neighbors and collects the funds back over time.
[33:06.120 --> 33:13.120]  In the late 80s and early 90s, under the guise of making housing available to the poor,
[33:13.120 --> 33:19.120]  the Clinton administration and the Bush administration removed two primary protections
[33:19.120 --> 33:30.120]  or two primary restrictions on the lenders as protections against unsophisticated consumers
[33:30.120 --> 33:35.120]  entering into large financial transactions.
[33:35.120 --> 33:42.120]  And it was the stated purpose of making loans easier to get for poor
[33:42.120 --> 33:46.120]  so they get the poor into their own houses.
[33:46.120 --> 33:52.120]  Well, the lenders didn't use the new freedom for that purpose.
[33:52.120 --> 34:03.120]  They used the new freedom to entice individuals to do the one thing that had always been taboo,
[34:03.120 --> 34:06.120]  and that's speculate with your home.
[34:06.120 --> 34:15.120]  They used this new openness to exert pressure on lenders in order to induce them into loans
[34:15.120 --> 34:25.120]  they could not pay because the lender profited at every turn because as after this occurred,
[34:25.120 --> 34:29.120]  well, actually two things occurred about the same time.
[34:29.120 --> 34:38.120]  The lenders were given new freedom and someone came up with this great idea.
[34:38.120 --> 34:43.120]  We have all of these long-term consumer mortgages,
[34:43.120 --> 34:53.120]  and we also have the same consumers have retirement accounts kept by large companies,
[34:53.120 --> 34:58.120]  and those retirement accounts are intended to be long-term.
[34:58.120 --> 35:02.120]  So we have a long-term debt.
[35:02.120 --> 35:07.120]  We have a long-term investment portfolio.
[35:07.120 --> 35:09.120]  They fit together perfectly.
[35:09.120 --> 35:13.120]  So someone decided that you can take the security instinct,
[35:13.120 --> 35:17.120]  take the note, the promissory note, the promise to pay,
[35:17.120 --> 35:23.120]  convert it into a security instrument and sell it on the securities market,
[35:23.120 --> 35:27.120]  and that worked out very well.
[35:27.120 --> 35:33.120]  But what this did was create an opportunity for people to go into business as a mortgage company,
[35:33.120 --> 35:38.120]  go to Chase, Bank of America Wells Fargo, secure a large loan,
[35:38.120 --> 35:42.120]  convert that loan into 20-, 30-year mortgages.
[35:42.120 --> 35:48.120]  The problem is they had to pay this loan back within six to nine months.
[35:48.120 --> 35:56.120]  So the lender created a note that the lender had no intention of keeping.
[35:56.120 --> 36:04.120]  He couldn't afford to keep it because the lender in the transaction process
[36:04.120 --> 36:08.120]  goes to the bank where he has a line of credit,
[36:08.120 --> 36:17.120]  secures a promissory note with present value and trades it to the seller for the title of the property.
[36:17.120 --> 36:23.120]  Then he takes the title of the property and trades it to the buyer for a promissory note from the buyer,
[36:23.120 --> 36:27.120]  except this promissory note has no present value.
[36:27.120 --> 36:32.120]  It has future value, but it has an increased future value.
[36:32.120 --> 36:40.120]  Generally over twice the original principal will be paid out in principal and interest over the life of the note.
[36:40.120 --> 36:45.120]  He takes this promissory note with future value
[36:45.120 --> 36:52.120]  and trades it to an investor for a promissory note with present value.
[36:52.120 --> 37:01.120]  This promissory note is in excess of the amount of the promissory note the lender originally gave to the seller.
[37:01.120 --> 37:07.120]  So he then takes this promissory note back to his line of credit,
[37:07.120 --> 37:13.120]  deposits back the money he used to create the original promissory note,
[37:13.120 --> 37:16.120]  and keeps himself a hefty profit.
[37:16.120 --> 37:22.120]  So he doesn't have to get into a long-term mortgage arrangement, he just creates the loans,
[37:22.120 --> 37:27.120]  creates them, sells them, takes his profit, gets out, goes to the next one,
[37:27.120 --> 37:31.120]  except that he doesn't really get out.
[37:31.120 --> 37:37.120]  When he makes the transaction, he becomes the servicer of the note.
[37:37.120 --> 37:44.120]  As a servicer of the note, he gets to retain 3% of the money that he collects,
[37:44.120 --> 37:54.120]  unless you pay late, in which case he gets to assess an extra 5% of the late fee.
[37:54.120 --> 38:06.120]  So it is in the best interest of the lender to create a promissory note, a loan product,
[38:06.120 --> 38:13.120]  that the borrower must struggle to pay so that he will chronically pay late.
[38:13.120 --> 38:22.120]  In that way, instead of 3%, the lender makes almost triple that, 8%.
[38:22.120 --> 38:34.120]  And then, if the borrower defaults on the note, doesn't cost the lender, the lender sold it.
[38:34.120 --> 38:37.120]  And he's received his consideration.
[38:37.120 --> 38:45.120]  If the borrower defaults, the lender or a subsequent servicer gets to handle the foreclosure
[38:45.120 --> 38:50.120]  and make a good profit on the foreclosure.
[38:50.120 --> 38:54.120]  And that's not all. He's not done yet.
[38:54.120 --> 39:00.120]  When the lender sells the security instrument to the investor,
[39:00.120 --> 39:08.120]  he does not transfer the lien document at time of sale.
[39:08.120 --> 39:17.120]  When you created the security instrument, you received title and consideration.
[39:17.120 --> 39:23.120]  You traded title for security instrument with no value, no instant value, no present value,
[39:23.120 --> 39:33.120]  but with a considerable amount of future value to ensure the realization of the future value.
[39:33.120 --> 39:41.120]  The lender asked for a guarantee in the form of a lien document, a mortgage or deed of trust or whatever they call it.
[39:41.120 --> 39:54.120]  It gave the lender protection and recourse in the event that the borrower failed to abide by the covenants of the contract,
[39:54.120 --> 40:00.120]  the promissory note, he could foreclose and recover the property.
[40:00.120 --> 40:05.120]  Well, it was intended to protect the lender from loss.
[40:05.120 --> 40:15.120]  The lender received them both, and it was intended these two stay together, the one to support the other.
[40:15.120 --> 40:25.120]  Immediately, the lender sold the one to a third party, but retained the lien document himself.
[40:25.120 --> 40:37.120]  And the Kansas court in Landmark v. Kessler stated that while the lender can do that, it's perfectly legal.
[40:37.120 --> 40:47.120]  If he does, he creates a fatal flaw in that the holder of the security instrument, the note,
[40:47.120 --> 40:54.120]  has a claim against the signator on the note, but no claim against the property.
[40:54.120 --> 40:59.120]  The holder of the lien document has a claim against the property.
[40:59.120 --> 41:06.120]  But he has received consideration when he sold the security instrument and cannot be harmed.
[41:06.120 --> 41:13.120]  The only way he could express the lien is if he's not paid, but he has been paid.
[41:13.120 --> 41:19.120]  That's why he needed to transfer both. So the question becomes, why would he do that?
[41:19.120 --> 41:27.120]  If it creates such a problem, why would he separate the two?
[41:27.120 --> 41:32.120]  In the courts, they call it bifurcation of the note.
[41:32.120 --> 41:36.120]  And as always, follow the money.
[41:36.120 --> 41:41.120]  He'll hold the lien document for three years, file a 1099A with the IRS,
[41:41.120 --> 41:50.120]  and claim the full amount against his capital gains taxes as abandoned funds.
[41:50.120 --> 41:56.120]  And we've recently come to realize this does a couple of things.
[41:56.120 --> 42:03.120]  Is it lowers his potential income?
[42:03.120 --> 42:12.120]  It lowers the amount of profit he has to show, and this is important. We'll get to that in a little bit.
[42:12.120 --> 42:20.120]  But all of this, he gets consideration twice, and then he gets consideration when he services the note,
[42:20.120 --> 42:26.120]  then he gets consideration when he does the foreclosure, but all of that is chump change.
[42:26.120 --> 42:31.120]  I'm sure everyone out there has heard about derivatives.
[42:31.120 --> 42:35.120]  Most of us don't really understand what they are.
[42:35.120 --> 42:40.120]  Well, it's really simple. It's a bet.
[42:40.120 --> 42:45.120]  Derivatives is a form of unregulated wagering.
[42:45.120 --> 42:49.120]  In 1907, there was a major stock market crash.
[42:49.120 --> 42:53.120]  It was called what they called bucket shops, where people could go in,
[42:53.120 --> 42:59.120]  bet on a stock, whether it would rise or fall without actually having to purchase the stock.
[42:59.120 --> 43:05.120]  This had the effect of destabilizing the stock market, caused the crash in 1907.
[43:05.120 --> 43:09.120]  The legislature said, no more of that.
[43:09.120 --> 43:17.120]  They made it a felony to place a bet on a stock without actually purchasing the stock.
[43:17.120 --> 43:23.120]  And that restriction stood in place until the year 2000, where the legislature,
[43:23.120 --> 43:31.120]  the last thing they did before they closed Syndy was remove this restriction.
[43:31.120 --> 43:38.120]  And in this case, it took the Banksters eight years to crash the market a second time.
[43:38.120 --> 43:46.120]  Come back from break, we'll explain the ramifications of that, and it will not make you happy.
[43:46.120 --> 43:51.120]  Randy Kelton, Debra Steven, Eddie Craig, The Real Blow Radio.
[43:51.120 --> 43:54.120]  Hang on, this is going to get more interesting.
[43:54.120 --> 44:01.120]  We'll be right back.
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[45:00.120 --> 45:04.120]  Are you the plaintiff or defendant in a lawsuit?
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[45:52.120 --> 46:14.120]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:14.120 --> 46:30.120]  Okay, we're back.
[46:30.120 --> 46:34.120]  Ben Shelton, Lady Craig, Deborah Stevens, Rule of Law Radio.
[46:34.120 --> 46:37.120]  We were talking about derivatives.
[46:37.120 --> 46:46.120]  You can find out more about derivatives if you do a search for financial weapons of mass destruction.
[46:46.120 --> 46:53.120]  And 60 minutes, 60 minutes did a piece on this that described how it works.
[46:53.120 --> 47:00.120]  In the mortgage industry, the reason I say all of this stuff they do,
[47:00.120 --> 47:11.120]  the foreclosure, the servicing, the 1099A, all of that is chump change.
[47:11.120 --> 47:13.120]  If you look at your mortgage paperwork,
[47:13.120 --> 47:18.120]  you'll find a mortgage insurance premium listed on the HUD-1 settlement statement.
[47:18.120 --> 47:26.120]  That insurance premium is a bet, as is all insurance, except this is regulated bidding.
[47:26.120 --> 47:38.120]  You bet that if the mortgage defaults, you make a bet with the insurance company on the mortgage defaulting.
[47:38.120 --> 47:44.120]  If it defaults, you receive 80% of the principal.
[47:44.120 --> 47:58.120]  Now, on this bet, if you win, you lose, because you can't bet that if the mortgage forecloses, you'll get more than the principal.
[47:58.120 --> 48:06.120]  That bet is regulated, and for you to be able to make such a bet on a mortgage you created,
[48:06.120 --> 48:14.120]  you would naturally be compromised.
[48:14.120 --> 48:24.120]  It would give you reason to create a note that would default because you would make more money by defaulting.
[48:24.120 --> 48:32.120]  So, under a regulated insurance premium, you couldn't get paid more than your principal.
[48:32.120 --> 48:41.120]  But under the derivatives market, that's totally unregulated bidding, and what the lender did was create the note
[48:41.120 --> 48:51.120]  and then go in and write eight or ten insurance premiums against the property, betting that it would default.
[48:51.120 --> 49:00.120]  In this case, if it does default, he's going to make six to eight times the amount of the original principal.
[49:00.120 --> 49:08.120]  Anybody out there who thinks that the lender is going to give you a modification on your note to keep you from defaulting
[49:08.120 --> 49:12.120]  doesn't understand how it works.
[49:12.120 --> 49:18.120]  The only way he wins this bet is on foreclosure.
[49:18.120 --> 49:22.120]  If he can't foreclose, he loses the bet.
[49:22.120 --> 49:26.120]  So, everything he's doing is about setting you up to foreclose,
[49:26.120 --> 49:32.120]  and those people who have gone through the modification process soon realize that the modification process
[49:32.120 --> 49:37.120]  is designed to put you in a position where you're certain to foreclose.
[49:37.120 --> 49:42.120]  It was intended that the modification process lower your payments for a period of time,
[49:42.120 --> 49:48.120]  and then your payments were intended to go back to their original amounts.
[49:48.120 --> 49:55.120]  But what you'll find in the modification process is they lower for a period of time,
[49:55.120 --> 49:59.120]  and then they jump up higher than they were before.
[49:59.120 --> 50:07.120]  Once you go through the modification process, miss one payment, and they have a right to foreclose immediately.
[50:07.120 --> 50:13.120]  They're set up to force you to foreclose because then they win the bet.
[50:13.120 --> 50:16.120]  So, everything they're doing is to win that bet.
[50:16.120 --> 50:30.120]  In about 2007, late 2006, early 2007, the housing market reached the peak of the bubble,
[50:30.120 --> 50:33.120]  and then things started to crumble.
[50:33.120 --> 50:37.120]  People started defaulting in large numbers,
[50:37.120 --> 50:43.120]  and the insurance companies that wrote the derivatives started having to pay off.
[50:43.120 --> 50:48.120]  And by 2008, they were getting hammered pretty good,
[50:48.120 --> 50:54.120]  and went to the legislature and said, oh, hit me, hit me.
[50:54.120 --> 51:01.120]  I'm having to pay out all these premiums, and I'm likely to go bankrupt,
[51:01.120 --> 51:05.120]  and I'm such a big boy in the market that if I go bankrupt,
[51:05.120 --> 51:10.120]  it will take down the entire financial system of the United States.
[51:10.120 --> 51:14.120]  So, you have to help me out. And what did our legislature do?
[51:14.120 --> 51:19.120]  Why, they're kind and friendly. They bailed them out.
[51:19.120 --> 51:24.120]  So, you have a lender creating notes intended to default
[51:24.120 --> 51:31.120]  so that he can place this bet against your ability to be able to pay for your home,
[51:31.120 --> 51:35.120]  so that if it defaults, you lose your home, you lose your equity,
[51:35.120 --> 51:42.120]  you lose all the work you put into making the money to try to pay for this house
[51:42.120 --> 51:45.120]  that you were never intended to pay for.
[51:45.120 --> 51:52.120]  And then the lender collects an exorbitant amount from this insurance company,
[51:52.120 --> 51:57.120]  and when AGI, Shearson, Lehman, and Lehman Brothers
[51:57.120 --> 52:02.120]  started having to pay out all of these monies, they came to the legislature,
[52:02.120 --> 52:10.120]  and the legislature very agreeably bailed them out with your tax dollars.
[52:10.120 --> 52:15.120]  You should not be happy about all of this.
[52:15.120 --> 52:22.120]  One of the hard things to deal with in foreclosure is the guilt.
[52:22.120 --> 52:27.120]  I entered into the loan contract.
[52:27.120 --> 52:32.120]  I signed the note, I agreed to pay, and I was not able to pay.
[52:32.120 --> 52:36.120]  It's hard to get people beyond that.
[52:36.120 --> 52:40.120]  Ninety-five percent of all foreclosures go uncontested.
[52:40.120 --> 52:45.120]  Primarily, people feel, on the one hand, embarrassed and ashamed
[52:45.120 --> 52:48.120]  that they could not pay the note,
[52:48.120 --> 52:55.120]  and on the other, they feel terrified of big business and of the courts.
[52:55.120 --> 53:02.120]  So they let this fraud go uncontested.
[53:02.120 --> 53:07.120]  We need to change that, or the banksters.
[53:07.120 --> 53:09.120]  And frankly, the more I look at it,
[53:09.120 --> 53:15.120]  the less it looks like it was the banks who set this up.
[53:15.120 --> 53:20.120]  They appeared to be the ones who were profiting,
[53:20.120 --> 53:27.120]  but it appears as though there is a greater force behind all of this.
[53:27.120 --> 53:34.120]  It's all too well orchestrated for 10,000 mortgage companies to have set this up,
[53:34.120 --> 53:39.120]  or 5,000 banks to have set this up.
[53:39.120 --> 53:42.120]  All of these banks all competing with each other.
[53:42.120 --> 53:47.120]  It's too hard to get people who are competing with each other to agree to anything.
[53:47.120 --> 53:53.120]  There seems to be a more powerful and more sinister source behind all of this
[53:53.120 --> 53:59.120]  that set this country up, that set the people of this country up
[53:59.120 --> 54:08.120]  so that they could extract the people's equity in the property of this country,
[54:08.120 --> 54:12.120]  steal their property, sell it back to them
[54:12.120 --> 54:18.120]  so that they wound up enslaving the American public to their debt.
[54:18.120 --> 54:25.120]  We wind up with everyone paying the company's store.
[54:25.120 --> 54:30.120]  Not only do we have to now go back and instead of paying mortgages
[54:30.120 --> 54:34.120]  and build equity in our property, we pay rent
[54:34.120 --> 54:38.120]  because we've lost our property and can't afford to repurchase.
[54:38.120 --> 54:47.120]  And then in the process of losing, we created an incredible amount of debt,
[54:47.120 --> 54:54.120]  of national debt that we're going to have to pay back through incredibly high taxes,
[54:54.120 --> 54:59.120]  making it virtually impossible for us to reestablish our equitable position
[54:59.120 --> 55:03.120]  that we had before all this went on.
[55:03.120 --> 55:07.120]  They're trying to enslave us all to debt,
[55:07.120 --> 55:11.120]  but not enslaving us by force.
[55:11.120 --> 55:14.120]  They're enslaving us by debt.
[55:14.120 --> 55:19.120]  We're winding up, moving toward a fascist society
[55:19.120 --> 55:24.120]  where big business runs government
[55:24.120 --> 55:29.120]  and effectively slaves everyone to big business.
[55:29.120 --> 55:34.120]  I don't like conspiracy theories. I don't like going there.
[55:34.120 --> 55:41.120]  I look at them and I think that most of the conspiracy theories I hear are government plans,
[55:41.120 --> 55:45.120]  the garbage put out there to get everyone distracted
[55:45.120 --> 55:48.120]  so that they don't catch on to the real one.
[55:48.120 --> 55:51.120]  Again, this appears to be one of the real ones.
[55:51.120 --> 55:57.120]  You and I, we owe a duty to our posterity.
[55:57.120 --> 56:03.120]  Regardless of whatever level of embarrassment we may perceive,
[56:03.120 --> 56:09.120]  we don't have the option of wallowing in our own misery.
[56:09.120 --> 56:12.120]  I have children and I have grandchildren
[56:12.120 --> 56:20.120]  and I do not intend that they have to deal with the corruption that we're having to deal with.
[56:20.120 --> 56:28.120]  I do not want my children and grandchildren living in abject slavery to big business.
[56:28.120 --> 56:34.120]  You and I, we are the stewards of this system for our children and grandchildren.
[56:34.120 --> 56:39.120]  We need to stand up and fight these guys no matter what it takes.
[56:39.120 --> 56:47.120]  So what I have put together and what I'm doing is an effort to do just exactly that.
[56:47.120 --> 56:53.120]  On the one hand, we're preparing the most extensive and well-researched
[56:53.120 --> 57:01.120]  and implemented legal action we can develop to take action against the lenders
[57:01.120 --> 57:05.120]  and all people involved in these actions.
[57:05.120 --> 57:12.120]  And then we're using the tools we have available to us.
[57:12.120 --> 57:18.120]  We're using the fact that pro-says, while they're discriminated against by the courts,
[57:18.120 --> 57:24.120]  have certain powers and abilities far beyond those of mere attorneys.
[57:24.120 --> 57:34.120]  And then we're also looking to employ the criminal laws as an assist to what we're doing.
[57:34.120 --> 57:40.120]  What I suggest that people do, and without regard to whose system you use,
[57:40.120 --> 57:43.120]  whether you use mine or somebody else's, is sue the lender.
[57:43.120 --> 57:46.120]  The only thing that's going to stop the lender is nothing's going to get their attention
[57:46.120 --> 57:49.120]  unless you sue them in a state or federal court.
[57:49.120 --> 57:52.120]  And I tend to suggest the federal court,
[57:52.120 --> 57:57.120]  because the federal courts tend to be more responsive to an individual.
[57:57.120 --> 57:59.120]  They tend to be more professional.
[57:59.120 --> 58:09.120]  They're certainly more polite and at least give the impression of civility.
[58:09.120 --> 58:12.120]  They go in there and they don't just roll over you like a steamroller.
[58:12.120 --> 58:18.120]  So they give people at least the impression that you can go here
[58:18.120 --> 58:23.120]  and maybe actually find some kind of relief.
[58:23.120 --> 58:30.120]  And I'll explain more of that when we get back, why we go to the Fed, what powers we have,
[58:30.120 --> 58:37.120]  what remedy we can expect to extract based on what's happening in the real estate market.
[58:37.120 --> 58:44.120]  This is Randy Kelton, Eddie Craig, Deborah Stevens, Wheel of Law Radio.
[58:44.120 --> 58:59.120]  We'll be back on the other side and this should get a little more interesting.
[58:59.120 --> 59:03.120]  The Bible remains the most popular book in the world,
[59:03.120 --> 59:07.120]  yet countless readers are frustrated because they struggle to understand it.
[59:07.120 --> 59:11.120]  Some new translations try to help by simplifying the text,
[59:11.120 --> 59:16.120]  but in the process can compromise the profound meaning of the Scripture.
[59:16.120 --> 59:18.120]  Enter the recovery version.
[59:18.120 --> 59:22.120]  First, this new translation is extremely faithful and accurate,
[59:22.120 --> 59:27.120]  but the real story is the more than 9,000 explanatory footnotes.
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[59:31.120 --> 59:37.120]  providing an entrance into the riches of the Word beyond which you've ever experienced before.
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[59:53.120 --> 59:57.120]  or by ordering online at freestudybible.com.
[59:57.120 --> 01:00:00.120]  That's freestudybible.com.
[01:00:00.120 --> 01:00:04.120]  This news brief brought to you by the International News Network.
[01:00:04.120 --> 01:00:09.120]  Athens riot police clashed with protesting workers barricading the Acropolis Thursday
[01:00:09.120 --> 01:00:14.120]  using tear gas and pepper spray to clear the entrance to Greece's most famous ancient site.
[01:00:14.120 --> 01:00:20.120]  Culture ministry workers owed up to 22 months back pay, padlocked themselves inside the building,
[01:00:20.120 --> 01:00:23.120]  refusing to unlock doors until they were paid.
[01:00:23.120 --> 01:00:29.120]  Tourists snapped photographs as riot police violently dispersed the strikers.
[01:00:29.120 --> 01:00:34.120]  The Obama administration said Wednesday health insurance companies could charge higher premiums
[01:00:34.120 --> 01:00:39.120]  for coverage of children with serious medical problems if state law allowed it.
[01:00:39.120 --> 01:00:43.120]  Earlier this year major insurers stopped issuing new child only policies,
[01:00:43.120 --> 01:00:47.120]  saying the administration's interpretation of the new health care law
[01:00:47.120 --> 01:00:51.120]  would allow families to buy coverage after children became ill.
[01:00:51.120 --> 01:00:57.120]  The advocacy group Campaign for Innocent Victims in Conflict reports Islamabad and Washington
[01:00:57.120 --> 01:01:03.120]  must publicly track civilian deaths from military operations and drone strikes in Pakistan
[01:01:03.120 --> 01:01:06.120]  and compensate the families of those killed.
[01:01:06.120 --> 01:01:09.120]  Their report warned the Pakistani government and military
[01:01:09.120 --> 01:01:14.120]  risked undermining public support for the war against Taliban and al-Qaeda militants
[01:01:14.120 --> 01:01:19.120]  and cautioned the U.S. that failure to provide greater transparency
[01:01:19.120 --> 01:01:23.120]  could drive more people to join the extremists.
[01:01:23.120 --> 01:01:27.120]  The whistleblowing group WikiLeaks claims it has had its funding blocked
[01:01:27.120 --> 01:01:31.120]  and is the victim of financial warfare by the U.S. government.
[01:01:31.120 --> 01:01:36.120]  Moneybookers, a U.K. registered internet company that collects WikiLeaks donations,
[01:01:36.120 --> 01:01:39.120]  emailed the organization to say it has closed its account
[01:01:39.120 --> 01:01:44.120]  because WikiLeaks has been put on U.S. and Australian government watch lists.
[01:01:44.120 --> 01:01:49.120]  The blacklisting came a few days after the Pentagon expressed anger at WikiLeaks founder
[01:01:49.120 --> 01:01:54.120]  Julian Assange, an Australian citizen, for obtaining thousands of classified military documents
[01:01:54.120 --> 01:01:56.120]  about the war in Afghanistan.
[01:01:56.120 --> 01:01:59.120]  The documents caused a sensation when they were published,
[01:01:59.120 --> 01:02:03.120]  revealing hitherto unreported civilian casualties.
[01:02:03.120 --> 01:02:08.120]  WikiLeaks defied Pentagon calls to return the war logs and destroy all copies.
[01:02:08.120 --> 01:02:14.120]  Instead, WikiLeaks said it intends to release an even larger cache of military documents
[01:02:14.120 --> 01:02:17.120]  disclosing other abuses in Iraq.
[01:02:17.120 --> 01:02:24.120]  Photographs and video footage were published Wednesday on the website michaelmoore.com
[01:02:24.120 --> 01:02:28.120]  of more detainee abuse at the hands of U.S. military personnel in Iraq.
[01:02:28.120 --> 01:02:33.120]  Evidence of the degrading treatment of prisoners was posted by Ethan McCord
[01:02:33.120 --> 01:02:39.120]  of Bravo Company 216, the same unit involved in the collateral murder WikiLeaks video
[01:02:39.120 --> 01:02:45.120]  of civilians and reporters gunned down from a U.S. helicopter in 2007.
[01:02:45.120 --> 01:02:50.120]  The videos and photographs show soldiers mentally and emotionally abusing detainees
[01:02:50.120 --> 01:02:53.120]  laughing at them and posing with them.
[01:02:53.120 --> 01:03:16.120]  McCord urged the public to direct its anger toward the system rather than the individual soldiers.
[01:03:23.120 --> 01:03:31.120]  Story for every month of the year, but how we're not going to get rid of this fear.
[01:03:31.120 --> 01:03:40.120]  Yeah, my story, that's my story.
[01:03:40.120 --> 01:03:47.120]  I will lie by my father's house until he returns.
[01:03:47.120 --> 01:04:02.120]  I will lie by my father's house until he returns.
[01:04:02.120 --> 01:04:09.120]  Yeah, I will lie by my father's house until he's back.
[01:04:09.120 --> 01:04:13.120]  I will lie by my father's house.
[01:04:13.120 --> 01:04:19.120]  I will lie by my father's house until he returns.
[01:04:19.120 --> 01:04:25.120]  I will lie by my father's house until he's back.
[01:04:25.120 --> 01:04:33.120]  I will lie by my father's house until he returns.
[01:04:33.120 --> 01:04:35.520]  Some of the house people, they cannot enter
[01:04:35.520 --> 01:04:38.320]  You're in the hot and clean sun zone
[01:04:38.320 --> 01:04:41.120]  Only them could enter in that house, you see
[01:04:41.120 --> 01:04:43.920]  Tear up your soul, surrender quickly
[01:04:43.920 --> 01:04:45.920]  That's what you're doing now, we had a house, you see
[01:04:45.920 --> 01:04:49.920]  I will not leave my father's house
[01:04:49.920 --> 01:04:52.720]  I won't allow the wicked
[01:04:52.720 --> 01:04:57.120]  I will not leave my father's house
[01:04:57.120 --> 01:05:01.120]  Just come and keep me sleeping, still and true
[01:05:01.120 --> 01:05:03.920]  I will lie so long with him
[01:05:03.920 --> 01:05:07.920]  I will lie with my father's house
[01:05:07.920 --> 01:05:11.920]  There are those in this world who would harm us
[01:05:11.920 --> 01:05:14.720]  I will lie with my father's house
[01:05:14.720 --> 01:05:18.320]  I will lie with my father's house
[01:05:18.320 --> 01:05:22.720]  Cause when I walk in front of my father's house
[01:05:22.720 --> 01:05:25.520]  There's more wind into his hair
[01:05:25.520 --> 01:05:27.120]  I will lie with my father's house
[01:05:27.120 --> 01:05:31.920]  Hey, this is Randy Kelton, Deputy Debra Steen, J. Craig
[01:05:31.920 --> 01:05:34.720]  We have our radio, we're back
[01:05:34.720 --> 01:05:41.120]  And we were moving from what's wrong to remedy
[01:05:41.120 --> 01:05:45.920]  We have a duty to do something and it would be very impolite
[01:05:45.920 --> 01:05:50.320]  For me to bring up this serious a problem
[01:05:50.320 --> 01:05:54.720]  And then chastise us all for not doing something
[01:05:54.720 --> 01:05:58.320]  Maintaining we had a duty to do something
[01:05:58.320 --> 01:06:02.320]  Without offering something we can do
[01:06:02.320 --> 01:06:04.720]  And there is something we can do
[01:06:04.720 --> 01:06:06.720]  First we file suit
[01:06:06.720 --> 01:06:11.120]  And most people think about filing suit in the federal court
[01:06:11.120 --> 01:06:13.520]  And they shudder
[01:06:13.520 --> 01:06:16.320]  But it's only because they've never done that
[01:06:16.320 --> 01:06:19.520]  It's a whole lot easier than you think
[01:06:19.520 --> 01:06:21.520]  You put suit together
[01:06:21.520 --> 01:06:26.720]  And you take three copies with you
[01:06:26.720 --> 01:06:31.520]  You send one copy to whoever you're suing
[01:06:31.520 --> 01:06:34.720]  And we're trying to make this easier
[01:06:34.720 --> 01:06:39.520]  Because trying to sue people in this situation has been difficult
[01:06:39.520 --> 01:06:42.720]  Because they want to hide the right person from you
[01:06:42.720 --> 01:06:53.520]  So when we file suit based on the fraud in the mortgages
[01:06:53.520 --> 01:06:55.920]  The people who were doing the foreclosure would say
[01:06:55.920 --> 01:06:57.920]  Well we don't have anything to do with that
[01:06:57.920 --> 01:07:00.720]  We're the wrong person
[01:07:00.720 --> 01:07:03.520]  And then when you go back looking for the person to sue
[01:07:03.520 --> 01:07:05.920]  That would be the holder
[01:07:05.920 --> 01:07:09.920]  But because of all the garbage that the lenders have done
[01:07:09.920 --> 01:07:14.720]  And all of the unrecorded trading
[01:07:14.720 --> 01:07:19.520]  It's extremely difficult to determine who that holder is
[01:07:19.520 --> 01:07:22.720]  So we've come back with a different strategy
[01:07:22.720 --> 01:07:27.920]  We sue the person who's actually doing the foreclosure personally
[01:07:27.920 --> 01:07:33.520]  And make claims against that person individually
[01:07:33.520 --> 01:07:37.520]  Based on what they're actually doing, the foreclosure
[01:07:37.520 --> 01:07:40.320]  And make claims that they can't do it
[01:07:40.320 --> 01:07:42.320]  So the claim is against them personally
[01:07:42.320 --> 01:07:44.320]  So they can't say we're not the right person
[01:07:44.320 --> 01:07:47.520]  So this gets them stuck
[01:07:47.520 --> 01:07:49.920]  And what we really want to do is stop the foreclosure
[01:07:49.920 --> 01:07:53.920]  So this is the right person to go after
[01:07:53.920 --> 01:07:56.720]  And then so we make specific claims against them
[01:07:56.720 --> 01:07:57.520]  Move to stop them
[01:07:57.520 --> 01:07:59.920]  I think that if we get this done right
[01:07:59.920 --> 01:08:07.120]  We'll start to get temporary restraining orders and preliminary injunctions
[01:08:07.120 --> 01:08:09.920]  But beyond that, when you file the suit
[01:08:09.920 --> 01:08:14.720]  You need to have someone to serve
[01:08:14.720 --> 01:08:17.120]  You just bring three copies down
[01:08:17.120 --> 01:08:21.920]  If you want a temporary restraining order or temporary injunction
[01:08:21.920 --> 01:08:23.520]  A preliminary injunction
[01:08:23.520 --> 01:08:26.720]  Let me explain these
[01:08:26.720 --> 01:08:31.920]  A temporary injunction is an emergency request
[01:08:31.920 --> 01:08:35.920]  To buy you time to get a preliminary injunction
[01:08:35.920 --> 01:08:39.920]  A preliminary injunction asks the court
[01:08:39.920 --> 01:08:44.720]  To issue an order to maintain the status quo
[01:08:44.720 --> 01:08:49.520]  You're filing suit against the person trying to foreclose on you
[01:08:49.520 --> 01:08:53.520]  And you're asking the court to stop everything in its tracks
[01:08:53.520 --> 01:08:58.720]  Don't let this proceed until the questions and controversy
[01:08:58.720 --> 01:09:03.920]  I bring to the court can be adjudicated
[01:09:03.920 --> 01:09:11.920]  If you have less than 14 days before an action is to be taken
[01:09:11.920 --> 01:09:20.320]  That will create a harm that cannot be undone
[01:09:20.320 --> 01:09:23.920]  Then you file a temporary restraining order
[01:09:23.920 --> 01:09:29.520]  The temporary restraining order is something that asks the court
[01:09:29.520 --> 01:09:34.720]  To stop the other party from acting
[01:09:34.720 --> 01:09:38.720]  Until a show cause hearing can be had
[01:09:38.720 --> 01:09:43.920]  Normally you have to give 14 days notice of the hearing
[01:09:43.920 --> 01:09:49.520]  For a preliminary injunction to maintain the status quo
[01:09:49.520 --> 01:09:52.320]  But if you don't have 14 days
[01:09:52.320 --> 01:09:56.320]  Then you ask the court for a temporary order
[01:09:56.320 --> 01:10:00.320]  And in order to get that what the courts have told us
[01:10:00.320 --> 01:10:05.120]  Is you can file that and you have to show irrevocable harm
[01:10:05.120 --> 01:10:07.520]  And we have case law that says
[01:10:07.520 --> 01:10:11.520]  Being evicted out of your home is irrevocable harm
[01:10:11.520 --> 01:10:16.720]  It causes a level and degree of displacement and discomfort
[01:10:16.720 --> 01:10:21.120]  And emotional stress that can't be undone
[01:10:21.120 --> 01:10:24.320]  The displacement can, you can be allowed back in your house
[01:10:24.320 --> 01:10:26.320]  Some have been thrown on the street
[01:10:26.320 --> 01:10:29.520]  The damage to your property can hardly be undone
[01:10:29.520 --> 01:10:36.320]  So you state a claim of an irrevocable harm
[01:10:36.320 --> 01:10:39.520]  Notice the other side
[01:10:39.520 --> 01:10:44.720]  And ask the court to issue a temporary restraining order
[01:10:44.720 --> 01:10:49.920]  For up to 14 days so that we have time to properly notice
[01:10:49.920 --> 01:10:53.120]  The other side of a hearing date
[01:10:53.120 --> 01:10:55.920]  So that we can come in for a show cause hearing
[01:10:55.920 --> 01:11:00.320]  To show cause as to why a preliminary injunction
[01:11:00.320 --> 01:11:02.720]  Should be granted
[01:11:02.720 --> 01:11:09.520]  The preliminary injunction is essentially permanent
[01:11:09.520 --> 01:11:13.920]  Until the cause is adjudicated
[01:11:13.920 --> 01:11:17.520]  I'm hoping to make sense on how all this works
[01:11:17.520 --> 01:11:21.120]  When you ask for a preliminary injunction
[01:11:21.120 --> 01:11:24.720]  You must provide an affidavit of fact
[01:11:24.720 --> 01:11:30.720]  An affidavit stating facts concerning the circumstance
[01:11:30.720 --> 01:11:40.320]  And as to how your individual will be irrevocably harmed
[01:11:40.320 --> 01:11:44.320]  If the injunction is not granted
[01:11:44.320 --> 01:11:46.320]  So there's generally a
[01:11:46.320 --> 01:11:49.520]  Say you're within a week of foreclosure
[01:11:49.520 --> 01:11:53.920]  You want a original complaint
[01:11:53.920 --> 01:11:58.320]  A petition for temporary restraining order
[01:11:58.320 --> 01:12:00.720]  Preliminary injunction
[01:12:00.720 --> 01:12:03.120]  Motion for preliminary injunction
[01:12:03.120 --> 01:12:09.520]  And an affidavit in support of the motion for preliminary injunction
[01:12:09.520 --> 01:12:11.520]  Take all these forward, all four of these documents
[01:12:11.520 --> 01:12:18.720]  And there's a couple of other documents that need to be added in there
[01:12:18.720 --> 01:12:21.520]  And at the moment I don't remember exactly what they were
[01:12:21.520 --> 01:12:26.320]  But these were documents that I'll have to dig up
[01:12:26.320 --> 01:12:28.320]  That the courts asked for
[01:12:28.320 --> 01:12:31.520]  Oh there was one thing we have to
[01:12:31.520 --> 01:12:36.320]  They wanted a couple of the courts wanted a statement
[01:12:36.320 --> 01:12:43.520]  Stating that the suit was not filed for the purpose of delay or harassment
[01:12:43.520 --> 01:12:47.920]  Out of a couple hundred we had one or two complain about that
[01:12:47.920 --> 01:12:51.920]  So we made up make up one of those and send it with it
[01:12:51.920 --> 01:12:56.720]  And I believe that's all we had to do on the original suit
[01:12:56.720 --> 01:13:01.120]  So you need to complaint
[01:13:01.120 --> 01:13:04.320]  Petition for temporary restraining order
[01:13:04.320 --> 01:13:08.720]  Petition a motion for a preliminary injunction
[01:13:08.720 --> 01:13:14.720]  Affidavit in support and a statement that the suit's not being filed for delay or harassment
[01:13:14.720 --> 01:13:16.720]  Take three copies to the clerk
[01:13:16.720 --> 01:13:22.720]  Get her to stamp them and file them with the court
[01:13:22.720 --> 01:13:28.720]  You also need a cover page and different courts
[01:13:28.720 --> 01:13:33.120]  All the courts will have a copy of the cover page
[01:13:33.120 --> 01:13:35.920]  And it's relatively simple to fill out
[01:13:35.920 --> 01:13:38.720]  It's mostly just fill in the blanks
[01:13:38.720 --> 01:13:41.920]  What kind of suit it is, who the parties are
[01:13:41.920 --> 01:13:43.920]  And what the nature of the suit is
[01:13:43.920 --> 01:13:47.120]  The only check just for closure
[01:13:47.120 --> 01:13:51.520]  And a summons
[01:13:51.520 --> 01:13:54.320]  And the summons the court will have the blank
[01:13:54.320 --> 01:13:56.320]  You fill in the blanks
[01:13:56.320 --> 01:14:01.520]  And then the court will take the summons and she'll fill in a couple of pieces
[01:14:01.520 --> 01:14:04.720]  And the court will issue the summons
[01:14:04.720 --> 01:14:08.320]  Then you give the summons to a process server
[01:14:08.320 --> 01:14:13.920]  And have it served on the defendant
[01:14:13.920 --> 01:14:19.120]  In Colorado anyone can serve documents
[01:14:19.120 --> 01:14:24.320]  Anyone who is a credible person over 18 and not convicted of a felony
[01:14:24.320 --> 01:14:27.920]  It used to be that way in Texas but they just changed it recently
[01:14:27.920 --> 01:14:31.920]  I suggest that no one do that
[01:14:31.920 --> 01:14:39.520]  Because if the other side doesn't get your petition answered in time
[01:14:39.520 --> 01:14:44.720]  And you get no answer default of which we got 25 so far
[01:14:44.720 --> 01:14:46.320]  The other side is going to
[01:14:46.320 --> 01:14:53.120]  Their only real defense is to say improper service
[01:14:53.120 --> 01:14:54.720]  So to avoid that
[01:14:54.720 --> 01:14:59.120]  We pay the process server 50 or 70 or 100 bucks whatever they charge
[01:14:59.120 --> 01:15:05.920]  And have a neutral third party professional licensed process server do the service
[01:15:05.920 --> 01:15:11.520]  That way you get no question about whether the other party was properly served or not
[01:15:11.520 --> 01:15:17.920]  And in some states Colorado California
[01:15:17.920 --> 01:15:21.920]  You don't serve the defendant
[01:15:21.920 --> 01:15:30.120]  You serve a registered agent that they have for the purpose of accepting service
[01:15:30.120 --> 01:15:33.120]  And depending on what state you're in
[01:15:33.120 --> 01:15:39.720]  If they have the registered agents make sure you find out who the registered agent is
[01:15:39.720 --> 01:15:41.520]  And serve the registered agent
[01:15:41.520 --> 01:15:45.120]  You can generally find that out by calling the defendant
[01:15:45.120 --> 01:15:48.720]  And saying I have a suit I'm going to file against you guys
[01:15:48.720 --> 01:15:50.320]  Who is your registered agent?
[01:15:50.320 --> 01:15:59.920]  Make sure all telephone conversations with the other side are recorded
[01:15:59.920 --> 01:16:02.320]  As soon as you finish the conversation
[01:16:02.320 --> 01:16:08.320]  Transcribe the conversation into hard form
[01:16:08.320 --> 01:16:10.120]  So you have a transcript of it
[01:16:10.120 --> 01:16:12.920]  That's better than the recording
[01:16:12.920 --> 01:16:16.920]  But keep all that because these guys will lie to you
[01:16:16.920 --> 01:16:21.920]  So that's the process up to getting the petition filed
[01:16:21.920 --> 01:16:30.720]  Once the petition has been served on the defendant
[01:16:30.720 --> 01:16:34.920]  The defendant has 24 days in which to answer
[01:16:34.920 --> 01:16:37.920]  The day he gets it doesn't count
[01:16:37.920 --> 01:16:42.320]  So 21 days after he has to answer
[01:16:42.320 --> 01:16:44.920]  If he doesn't
[01:16:44.920 --> 01:16:45.720]  Good news
[01:16:45.720 --> 01:16:51.720]  We've got 25 of those and we'll discuss what to do in that case when we come back
[01:16:51.720 --> 01:16:56.520]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Wheel of Law Radio
[01:16:56.520 --> 01:17:26.320]  We'll be right back on the other side
[01:17:26.520 --> 01:17:41.120]  You are welcome to stop in our shop during regular business hours or call 512-646-6440
[01:17:41.120 --> 01:17:42.320]  Any questions?
[01:17:42.320 --> 01:17:46.520]  Ask for Chad and say you heard about us on Wheel of Law Radio or Texas Liberty Radio
[01:17:46.520 --> 01:17:49.520]  That's Capital Coin and Bullion at the corner of Burnett and Shulmont
[01:17:49.520 --> 01:17:53.520]  And we're open Monday through Friday 10 to 6, Saturdays 10 to 5
[01:17:53.520 --> 01:18:00.520]  That's Capital Coin and Bullion, 512-646-6440
[01:18:00.520 --> 01:18:03.520]  It is so enlightening to listen to 90.1 FM
[01:18:03.520 --> 01:18:06.320]  But finding things on the Internet isn't so easy
[01:18:06.320 --> 01:18:09.320]  And neither is finding like-minded people to share it with
[01:18:09.320 --> 01:18:12.120]  Oh, well, I guess you haven't heard of Brave New Books then
[01:18:12.120 --> 01:18:13.520]  Brave New Books?
[01:18:13.520 --> 01:18:20.520]  Yes, Brave New Books has all the books and DVDs you're looking for by authors like Alex Jones, Ron Paul and G. Edward Griffin
[01:18:20.520 --> 01:18:24.520]  They even stock inner food, Berkey products and Calvin Soaps
[01:18:24.520 --> 01:18:26.520]  There's no way a place like that exists
[01:18:26.520 --> 01:18:28.520]  Go check it out for yourself
[01:18:28.520 --> 01:18:32.520]  It's downtown at 1904 Guadalupe Street just south of UT
[01:18:32.520 --> 01:18:36.520]  By UT, there's never anywhere to park down there
[01:18:36.520 --> 01:18:43.520]  Actually, they now offer a free hour of parking for paying customers at the 500 MLK parking facility just behind the bookstore
[01:18:43.520 --> 01:18:47.520]  It does exist, but when are they open?
[01:18:47.520 --> 01:18:52.520]  Monday through Saturday, 11 AM to 9 PM and 1 to 6 PM on Sundays
[01:18:52.520 --> 01:18:56.520]  So give them a call at 512-480-2503
[01:18:56.520 --> 01:19:25.520]  Or check out their events page at BraveNewBookstore.com
[01:19:25.520 --> 01:19:30.520]  If I can't get everything I want
[01:19:30.520 --> 01:19:36.520]  Could I get a rain chair?
[01:19:36.520 --> 01:19:41.520]  If I can't get everything I need
[01:19:41.520 --> 01:19:47.520]  Could I maybe get a rain chair?
[01:19:47.520 --> 01:19:52.520]  If the people of the world can get happiness and peace
[01:19:52.520 --> 01:19:58.520]  Could I maybe get a rain chair?
[01:19:58.520 --> 01:20:03.520]  If we can't get all these crazy words to see
[01:20:03.520 --> 01:20:13.520]  Could I maybe get a rain chair?
[01:20:13.520 --> 01:20:19.520]  Okay, Brandy Kelton, Deborah Stevens, Eddie Craig, Rule of Law Radio
[01:20:19.520 --> 01:20:22.520]  We were talking about the steps and procedures
[01:20:22.520 --> 01:20:24.520]  And the reason I'm going through this
[01:20:24.520 --> 01:20:31.520]  Is I want you to understand that it's not near as complex as you would think
[01:20:31.520 --> 01:20:34.520]  The temporary restraining order
[01:20:34.520 --> 01:20:38.520]  And you only need that if you're real short of time
[01:20:38.520 --> 01:20:40.520]  If you're not real short of time, it's easier
[01:20:40.520 --> 01:20:45.520]  That's why we always want to file with time
[01:20:45.520 --> 01:20:50.520]  And ask if you are in the process of foreclosure
[01:20:50.520 --> 01:20:56.520]  Then you want a preliminary injunction to stop the foreclosure proceedings
[01:20:56.520 --> 01:20:59.520]  If you've already been foreclosed on and it's over
[01:20:59.520 --> 01:21:01.520]  And you're going back to sue
[01:21:01.520 --> 01:21:04.520]  Or if you were up to date on your payments
[01:21:04.520 --> 01:21:05.520]  And they have no claim
[01:21:05.520 --> 01:21:11.520]  You don't need the preliminary injunction or the affidavit or any of that stuff
[01:21:11.520 --> 01:21:13.520]  All you need is the complaint
[01:21:13.520 --> 01:21:18.520]  Or the page statement that it's not for delay or harassment
[01:21:18.520 --> 01:21:20.520]  You get that filed
[01:21:20.520 --> 01:21:22.520]  Then you have it served on the other side
[01:21:22.520 --> 01:21:26.520]  They've got 20 full days
[01:21:26.520 --> 01:21:31.520]  The day they receive service doesn't count because it's not a full day
[01:21:31.520 --> 01:21:33.520]  20 full days to answer
[01:21:33.520 --> 01:21:36.520]  On the 21st day
[01:21:36.520 --> 01:21:39.520]  If there is no answer in the court
[01:21:39.520 --> 01:21:43.520]  You want a no answer default
[01:21:43.520 --> 01:21:48.520]  You take the no answer default along with proof of service
[01:21:48.520 --> 01:21:54.520]  When your process server serves the defendant
[01:21:54.520 --> 01:21:57.520]  The process server will return to you proof of service
[01:21:57.520 --> 01:22:03.520]  An affidavit that he served when and where on a certain day at a certain time
[01:22:03.520 --> 01:22:04.520]  So that's your proof of service
[01:22:04.520 --> 01:22:07.520]  You take that to the clerk of the court
[01:22:07.520 --> 01:22:15.520]  Here's proof that this person was served on this day at this time
[01:22:15.520 --> 01:22:19.520]  Then the clerk is to take the proof of service
[01:22:19.520 --> 01:22:27.520]  Go to the file and check in the file and see if there has been filed an answer
[01:22:27.520 --> 01:22:30.520]  If there is no answer in the file
[01:22:30.520 --> 01:22:35.520]  The clerk is to sign the no answer default
[01:22:35.520 --> 01:22:44.520]  Once you get that signed then you petition the court for a judgment against the defendants
[01:22:44.520 --> 01:22:48.520]  A default judgment against the defendants
[01:22:48.520 --> 01:22:50.520]  If they do answer
[01:22:50.520 --> 01:22:55.520]  Most of the time what they will answer with is a rule 12 motion to dismiss for failure state of claim
[01:22:55.520 --> 01:22:58.520]  Which can be had
[01:22:58.520 --> 01:23:05.520]  There was an Ashcroft decision a couple years ago that dramatically changed the filings in federal court
[01:23:05.520 --> 01:23:09.520]  Before this time you could just make general accusations
[01:23:09.520 --> 01:23:11.520]  They did this, they did this, they did this
[01:23:11.520 --> 01:23:16.520]  Now you have to give more specific detail
[01:23:16.520 --> 01:23:23.520]  To give the accused sufficient notice so that he may adequately defend himself
[01:23:23.520 --> 01:23:27.520]  Well since this is relatively new
[01:23:27.520 --> 01:23:33.520]  The other side will file a rule 12 motion just as a matter of course
[01:23:33.520 --> 01:23:39.520]  Not all of ours have received rule 12 but most of them have
[01:23:39.520 --> 01:23:43.520]  A bunch of them has received a one liner
[01:23:43.520 --> 01:23:46.520]  We deny all allegations by plaintiff
[01:23:46.520 --> 01:23:49.520]  That gets a, if you get the one liner
[01:23:49.520 --> 01:23:52.520]  That means they didn't do their homework, they didn't do anything
[01:23:52.520 --> 01:23:58.520]  They waited until the last minute, they ran out of time and they gave us this worthless answer
[01:23:58.520 --> 01:24:03.520]  We move to strike the answer as a non-responsive
[01:24:03.520 --> 01:24:06.520]  And then move for no answer default
[01:24:06.520 --> 01:24:12.520]  If you get the rule 12 motion to dismiss
[01:24:12.520 --> 01:24:15.520]  Then you file an answer to the motion to dismiss
[01:24:15.520 --> 01:24:23.520]  And generally a motion to dismiss can be treated as a request for more definite statement
[01:24:23.520 --> 01:24:28.520]  We have had a couple of judges dismiss out of hand
[01:24:28.520 --> 01:24:32.520]  And we're working on going after those judges
[01:24:32.520 --> 01:24:38.520]  There are some judges that if you're a pro se they will just dismiss everything out of hand
[01:24:38.520 --> 01:24:43.520]  And that's what we're going to get to next about how to go after those guys
[01:24:43.520 --> 01:24:48.520]  Say judge you want to play hardball? We'll introduce you to hardball
[01:24:48.520 --> 01:24:53.520]  So you get the rule 12 or you get an answer
[01:24:53.520 --> 01:24:58.520]  And then you have to hold a scheduling hearing
[01:24:58.520 --> 01:25:01.520]  And this is non adversarial
[01:25:01.520 --> 01:25:13.520]  In fact, the defendant is supposed to come up with a scheduling conference outline
[01:25:13.520 --> 01:25:17.520]  They're supposed to tell you how long it's going to take for
[01:25:17.520 --> 01:25:19.520]  Excuse me
[01:25:19.520 --> 01:25:23.520]  How long it takes for discovery, generally 6 to 9 months
[01:25:23.520 --> 01:25:27.520]  Are there any unnamed parties?
[01:25:27.520 --> 01:25:32.520]  And there's a number of issues and they're pretty straightforward
[01:25:32.520 --> 01:25:38.520]  But this one's non adversarial, it's just a court maintenance
[01:25:38.520 --> 01:25:44.520]  How long the case is going to take, who the parties are going to be, what the issues are
[01:25:44.520 --> 01:25:46.520]  But it's non adversarial
[01:25:46.520 --> 01:25:53.520]  So if you go in there as a pro se, the judge will generally explain to you what you need to do, what you haven't done
[01:25:53.520 --> 01:25:58.520]  And it's relatively simple and relatively technical
[01:25:58.520 --> 01:26:06.520]  Once you get past that hearing, then you go to discovery and that's when everything slows way down
[01:26:06.520 --> 01:26:17.520]  So what I just went through is what Dr. Graves from Jurisdictionary calls the flurry of motions at the beginning
[01:26:17.520 --> 01:26:25.520]  And it really isn't that much, so once you're through that little flurry of motions, then you go to discovery
[01:26:25.520 --> 01:26:35.520]  And what a lawsuit will do is it tends to stop the lender in his tracks
[01:26:35.520 --> 01:26:44.520]  And give you time to take a breath and also let you know that you can fight for yourself
[01:26:44.520 --> 01:26:53.520]  And most everyone we've had go down and file a civil suit in the federal court
[01:26:53.520 --> 01:27:05.520]  Have come back encouraged and motivated because the clerks tend to be so professional, so polite, and so incredibly helpful
[01:27:05.520 --> 01:27:16.520]  The people are just tremendously surprised and it gives them confidence that they may actually be able to find justice here
[01:27:16.520 --> 01:27:23.520]  And as a rule, the judges are especially professional, polite
[01:27:23.520 --> 01:27:29.520]  They're not like these municipal judges who are chumps they drag out of the gutter
[01:27:29.520 --> 01:27:34.520]  Attorneys who can't make it as attorneys so they do this so they can get a salary
[01:27:34.520 --> 01:27:45.520]  They're real judges and they tend to be, if not helpful, at least agreeable to the point that you'll find
[01:27:45.520 --> 01:27:50.520]  At least they give the impression that you can get justice
[01:27:50.520 --> 01:27:56.520]  A lot of times they don't give you justice, it's just the impression
[01:27:56.520 --> 01:27:59.520]  And that's something we can do something about
[01:27:59.520 --> 01:28:09.520]  We suggest you go in pro se, but in doing so we remind people the courts are absolutely corrupt
[01:28:09.520 --> 01:28:13.520]  They are totally corrupt
[01:28:13.520 --> 01:28:17.520]  Okay, maybe they're not totally corrupt
[01:28:17.520 --> 01:28:23.520]  But it is prudent on your part to conduct yourself as if they are
[01:28:23.520 --> 01:28:29.520]  There is a very definite and strong pro se bias out there
[01:28:29.520 --> 01:28:32.520]  And we can expect the courts to rule against you at every turn
[01:28:32.520 --> 01:28:43.520]  The courts are totally corrupt, they are so corrupt that even the lender who's paid them off can't trust them
[01:28:43.520 --> 01:28:52.520]  So in the end, while you file in the federal court, you never want to actually get the court
[01:28:52.520 --> 01:28:58.520]  Scrapture, they're corrupt, you don't know what they're going to do, it doesn't make any difference to lawyers
[01:28:58.520 --> 01:29:00.520]  You don't know what they're going to do
[01:29:00.520 --> 01:29:03.520]  The lender has the same problem
[01:29:03.520 --> 01:29:08.520]  You don't know what they're going to do, in the end everything is political
[01:29:08.520 --> 01:29:14.520]  And right now the political pendulum is swinging back the other way
[01:29:14.520 --> 01:29:21.520]  And as a pro se, understanding that everything is corrupt and the courts are going to rule against you
[01:29:21.520 --> 01:29:24.520]  There are things you can do
[01:29:24.520 --> 01:29:31.520]  The courts hate pro se litigants, but they don't hate pro se litigants because they file stupid pleadings
[01:29:31.520 --> 01:29:38.520]  They hate pro se litigants because every once in a while they run across the pro se from hell
[01:29:38.520 --> 01:29:46.520]  And when we come back, we're going to talk about how to be the pro se from hell
[01:29:46.520 --> 01:29:53.520]  And give yourself an opportunity to get justice in an unfair court if it is possible
[01:29:53.520 --> 01:29:56.520]  And we're working on getting it done
[01:29:56.520 --> 01:29:59.520]  Randy Kalpin, Eddie Craig, Debski
[01:29:59.520 --> 01:30:03.520]  Top 10 reasons to question the official story of the Oklahoma City bombing, reason number five
[01:30:03.520 --> 01:30:09.520]  As witnessed by millions of viewers, the rescue efforts were interrupted several times due to the presence of other explosives
[01:30:09.520 --> 01:30:18.520]  Government log entries indicate and witnesses report that after the initial devastating blast, a bomb complete with timer was discovered and removed from wreckage by the bomb squad
[01:30:18.520 --> 01:30:22.520]  Yet we are told it's all due to baseless bomb scares or other contrivances
[01:30:22.520 --> 01:30:28.520]  So while officials try to sort out their stories, all we ask is who planted these bombs and why is the government lying about them?
[01:30:28.520 --> 01:30:31.520]  For more information, go to okcbombingtruth.com
[01:30:31.520 --> 01:30:37.520]  Eyes may soon be windows to more than our souls if the government test of iris scanning expands
[01:30:37.520 --> 01:30:44.520]  I'm Dr. Catherine Albrecht and I'll be back in a moment to share more on how this tracking technology could undermine your civil liberties
[01:30:44.520 --> 01:30:47.520]  Privacy is under attack
[01:30:47.520 --> 01:30:50.520]  When you give up data about yourself, you'll never get it back again
[01:30:50.520 --> 01:30:55.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too
[01:30:55.520 --> 01:31:00.520]  So protect your rights, say no to surveillance and keep your information to yourself
[01:31:00.520 --> 01:31:03.520]  Privacy, it's worth hanging on to
[01:31:03.520 --> 01:31:11.520]  This public service announcement is brought to you by Startpage.com, the private search engine alternative to Google, Yahoo and Bing
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[01:31:14.520 --> 01:31:25.520]  The eyes have it, a unique iris pattern that is, and the U.S. Department of Homeland Security is testing those patterns to identify and track people at the U.S. border in McAllen, Texas
[01:31:25.520 --> 01:31:31.520]  While the government's current agenda is citizen safety, tracking technology actually makes us much less safe in the long run
[01:31:31.520 --> 01:31:35.520]  Researchers have found a way to secretly scan people's irises from across a room
[01:31:35.520 --> 01:31:41.520]  And once the government can track people, it can control them too, hushing dissent and undermining civil liberties
[01:31:41.520 --> 01:31:44.520]  We ignore these tracking technologies at our peril
[01:31:44.520 --> 01:31:51.520]  Unless we speak out, today's scanning of aliens at the border will work its way deep into our communities tomorrow, Minority Report style
[01:31:51.520 --> 01:32:01.520]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com
[01:32:52.520 --> 01:32:59.520]  Okay, Brenda Kelton, Deborah Stevens and Craig, we're with Log Radio
[01:32:59.520 --> 01:33:06.520]  When we went out, we were talking about the pro se from hell
[01:33:06.520 --> 01:33:18.520]  There's, in the courts, one thing you have to understand, if you hire an attorney to represent you in either a criminal or a civil case
[01:33:18.520 --> 01:33:26.520]  The attorney is not going to vigorously adjudicate your rights
[01:33:26.520 --> 01:33:30.520]  He does not dare
[01:33:30.520 --> 01:33:36.520]  What the attorney is going to do is what the judge wants him to do
[01:33:36.520 --> 01:33:41.520]  Because the attorneys are terrified of judges
[01:33:41.520 --> 01:33:44.520]  And rightly so
[01:33:44.520 --> 01:33:49.520]  The judge can end his career at the drop of a hat
[01:33:49.520 --> 01:33:52.520]  The judge can file sanctions against the attorney
[01:33:52.520 --> 01:33:56.520]  The judge can do all sorts of things against the attorney
[01:33:56.520 --> 01:34:02.520]  He can rule against his next client to pay him back
[01:34:02.520 --> 01:34:11.520]  Anytime there is an issue where the discretion of the judge is involved, the judge can rule any way he wants to
[01:34:11.520 --> 01:34:18.520]  I once sued Denton County for $11 million, sued 24 public officials
[01:34:18.520 --> 01:34:26.520]  Every public official I accused, I accused of doing something they would readily admit to, following policy
[01:34:26.520 --> 01:34:31.520]  I accused them of following a flawed policy
[01:34:31.520 --> 01:34:35.520]  I went to 60 attorneys, the last one was Jerry Cobb
[01:34:35.520 --> 01:34:40.520]  He was the district attorney in Denton County prior to the one that I was suing
[01:34:40.520 --> 01:34:46.520]  I called him, I said hello Mr. Cobb, my name is Randy Kelton and I have sued Denton County and I need someone to represent my case
[01:34:46.520 --> 01:34:49.520]  Oh I'm very familiar with your case Mr. Kelton
[01:34:49.520 --> 01:34:57.520]  I can't represent you, you have made allegations against judges and I have to represent clients in this county
[01:34:57.520 --> 01:35:03.520]  I said what's the matter Jerry, you afraid those judges will screw your next client to get back at you?
[01:35:03.520 --> 01:35:07.520]  He said the same thing every other attorney did
[01:35:07.520 --> 01:35:10.520]  You darn right they will
[01:35:10.520 --> 01:35:15.520]  Now I don't know if that's true or not
[01:35:15.520 --> 01:35:22.520]  What I do know is every attorney I talk to believes that it's true
[01:35:22.520 --> 01:35:27.520]  So they're not going to do anything to annoy that judge
[01:35:27.520 --> 01:35:36.520]  But you on the other hand, going in pro se, he can't rule against your next client, he's going to rule against you anyway
[01:35:36.520 --> 01:35:38.520]  So you've got nothing to lose
[01:35:38.520 --> 01:35:44.520]  You can file judicial conduct complaints every time he blinks
[01:35:44.520 --> 01:35:53.520]  If you file a judicial conduct complaint against him, he will not say one word about it
[01:35:53.520 --> 01:35:59.520]  Because if he does, he gets a judicial conduct complaint because of that
[01:35:59.520 --> 01:36:05.520]  If you file a judicial conduct complaint against the judge, the courts will just toss it
[01:36:05.520 --> 01:36:13.520]  In the federal court it actually goes to a court as opposed to a state where it would go to a judicial conduct commission
[01:36:13.520 --> 01:36:16.520]  They'll just toss it
[01:36:16.520 --> 01:36:22.520]  But it will affect their bond rating anyway, the bond rating will go up
[01:36:22.520 --> 01:36:28.520]  And there is absolutely nothing they can do about it
[01:36:28.520 --> 01:36:33.520]  They won't say anything to you, they will act like it never happened
[01:36:33.520 --> 01:36:35.520]  The same with bar grievances
[01:36:35.520 --> 01:36:38.520]  You can file bar grievances against the other side
[01:36:38.520 --> 01:36:40.520]  You can do that at the drop of a hat
[01:36:40.520 --> 01:36:46.520]  If you file a bar grievance against an attorney in most states, absolutely in Texas
[01:36:46.520 --> 01:36:50.520]  Bar is going to get it, they're going to throw it in the trash
[01:36:50.520 --> 01:36:53.520]  And that's a good thing
[01:36:53.520 --> 01:36:58.520]  Because their insurance company knows they're going to throw it in the trash
[01:36:58.520 --> 01:37:05.520]  So how are they going to gauge their level of risk? By valid bar grievances, heck, they're going to throw it all in the trash
[01:37:05.520 --> 01:37:08.520]  By the numbers
[01:37:08.520 --> 01:37:12.520]  One bar grievance, first year of practice, they'll cancel your malpractice insurance immediately
[01:37:12.520 --> 01:37:16.520]  Two bar grievances, any one year of practice, they'll cancel
[01:37:16.520 --> 01:37:20.520]  If you've been practicing 18 years, 20 years, they'll cancel
[01:37:20.520 --> 01:37:23.520]  Three, they'll cancel your law firm's insurance
[01:37:23.520 --> 01:37:27.520]  Bar grievances hurt them badly
[01:37:27.520 --> 01:37:32.520]  If you file a bar grievance against the attorney, he will never say a word about it
[01:37:32.520 --> 01:37:35.520]  He better not
[01:37:35.520 --> 01:37:41.520]  He says one word about it, he gets a bar grievance for that
[01:37:41.520 --> 01:37:53.520]  If a judge says any one word about a judicial conduct complaint, he gets a criminal complaint of tampering with a witness, obstruction of justice
[01:37:53.520 --> 01:38:00.520]  So you get to kick them, you get to kick them hard, and they can't even complain about it
[01:38:00.520 --> 01:38:13.520]  I had a woman out of Idaho, I'm sorry, Utah, called complaining about the judge and the prosecutor and the attorney on the other side in a foreclosure issue a couple years ago
[01:38:13.520 --> 01:38:20.520]  I said, Brenda, how many bar grievances have you filed? She said, none. Well, why not? I just didn't think about it
[01:38:20.520 --> 01:38:26.520]  Well, think about it. How many judicial conduct complaints? Well, I don't want to get the judge upset at me
[01:38:26.520 --> 01:38:33.520]  Brenda, he's screwing you every way from Sunday, how could it get worse?
[01:38:33.520 --> 01:38:37.520]  He said, she said, you got a point there
[01:38:37.520 --> 01:38:42.520]  25 bar grievances, seven judicial conduct complaints later
[01:38:42.520 --> 01:38:48.520]  They come into court and the judge told them both, you can have this courtroom, it's yours all afternoon, I'm leaving
[01:38:48.520 --> 01:38:55.520]  And he turned to the attorney on the other side, when I come back tomorrow, you will have made Ms. Burton an offer she cannot refuse
[01:38:55.520 --> 01:39:02.520]  I do not want to see her face in my courtroom again, do I make myself clear?
[01:39:02.520 --> 01:39:07.520]  He had no leverage over her, she was pro se
[01:39:07.520 --> 01:39:11.520]  She filed as many of those as she wanted to and he couldn't say a word about it
[01:39:11.520 --> 01:39:16.520]  But he did have leverage over those attorneys
[01:39:16.520 --> 01:39:24.520]  I suggest if we're going to take the systems back, the court system, the legal system
[01:39:24.520 --> 01:39:29.520]  We're going to have to do it by going after the judges
[01:39:29.520 --> 01:39:34.520]  That's one way of going after them, there's another way that we have
[01:39:34.520 --> 01:39:38.520]  That's even more powerful
[01:39:38.520 --> 01:39:47.520]  If a judge renders a ruling that fails to apply the law to the facts, he violates the ministerial duty relating to his office
[01:39:47.520 --> 01:39:52.520]  And if in the process he denies you the phone free access to or enjoyment of a right
[01:39:52.520 --> 01:39:59.520]  Under 18 U.S. Code 242, that's a crime, that's a federal crime
[01:39:59.520 --> 01:40:05.520]  And since we suggest most people file in the federal court, this is the place to go
[01:40:05.520 --> 01:40:09.520]  What you do is you make up a criminal complaint against the judge
[01:40:09.520 --> 01:40:14.520]  Well, let me back up, we don't want to go against the judge yet
[01:40:14.520 --> 01:40:18.520]  When we can't bring the lender to the table
[01:40:18.520 --> 01:40:24.520]  And I apologize for that, I'm going to my normal due process instead of the foreclosure issue
[01:40:24.520 --> 01:40:31.520]  When we can't bring the attorney on the other side to the table to make us a deal we can't pass up
[01:40:31.520 --> 01:40:42.520]  Then we create a criminal complaint against the lender for his actions in an ongoing criminal conspiracy
[01:40:42.520 --> 01:40:54.520]  Involving common law fraud, fraud by non-disclosure, usury, these are all crimes
[01:40:54.520 --> 01:41:01.520]  We make up criminal accusations against the lender and we prefer it to be a minor one
[01:41:01.520 --> 01:41:11.520]  We want something very small, file it with the U.S. Attorney, U.S. Attorney is going to refuse to act on it
[01:41:11.520 --> 01:41:23.520]  Then you make up a complaint against the U.S. Attorney, accusing the U.S. Attorney not of exercising prosecutorial discretion
[01:41:23.520 --> 01:41:29.520]  But you accuse him of exercising caprice in that new claim
[01:41:29.520 --> 01:41:36.520]  He did not make a determination of whether or not there was sufficient cause to believe that a crime has been committed
[01:41:36.520 --> 01:41:41.520]  He decided who he wanted to prosecute and who he didn't want to prosecute
[01:41:41.520 --> 01:41:47.520]  And that's not something he's allowed to do by law, that goes under obstruction of justice
[01:41:47.520 --> 01:41:56.520]  So you prepare an accusation of obstruction of justice against the prosecuting attorney for his failure, for his misfeasance in office
[01:41:56.520 --> 01:42:09.520]  And send that to a district judge, a federal judge, asking him to initiate prosecution against the prosecutor and the judge will refuse to act
[01:42:09.520 --> 01:42:16.520]  And then you file a complaint against the judge with the grand jury
[01:42:16.520 --> 01:42:19.520]  Do all of this by mail
[01:42:19.520 --> 01:42:24.520]  And then we run the standard grand jury routine on the system
[01:42:24.520 --> 01:42:30.520]  You send a complaint to the grand jury, addressed to the former of the grand jury
[01:42:30.520 --> 01:42:38.520]  And one document folder with a set of complaints addressed to each grand jury member 1 through 22
[01:42:38.520 --> 01:42:42.520]  The address you use is the U.S. Attorney's address
[01:42:42.520 --> 01:42:52.520]  And inside the foreman's folder you put in a notation asking the foreman to initial this document and return it to you so that you know that he actually received it
[01:42:52.520 --> 01:43:00.520]  Don't sign it as the U.S. Attorney has a stamp with your name on it, we want to make sure it wasn't rubber stamped
[01:43:00.520 --> 01:43:03.520]  You won't get that document back
[01:43:03.520 --> 01:43:13.520]  Week, week and a half you don't get it back, that's a reasonable probable cause to believe that someone interfered with the U.S. mail
[01:43:13.520 --> 01:43:21.520]  And secreted those complaints from the grand jury and wonder who that would be
[01:43:21.520 --> 01:43:24.520]  That would be the U.S. Attorney
[01:43:24.520 --> 01:43:33.520]  And then we come back with a complaint against the U.S. Attorney to the district judge, accusing the U.S. Attorney of interfering with the U.S. mail
[01:43:33.520 --> 01:43:41.520]  And when the judge refuses to act, we go back to the grand jury and look at complaints against the district judge and he's going to get tired of that
[01:43:41.520 --> 01:43:48.520]  And I'll explain what happens after that and I'll cut this a little short because we have a caller and want to get him before the show ends
[01:43:48.520 --> 01:43:56.520]  This is Randy Kelton, Deborah Stevens, Eddie Craig, Root of Law Radio, we'll be right back with our last segment
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[01:46:21.520 --> 01:46:34.520]  Okay, Brandon Kelton, Deborah Stevens, Eddie Craig, we're back with our last segment
[01:46:34.520 --> 01:46:38.520]  I will finish this up quickly, we've got two callers on the board
[01:46:38.520 --> 01:46:46.520]  The purpose of this is to get the district judge, who's basically innocent in all this
[01:46:46.520 --> 01:46:52.520]  We go to him and ask him to arrest the prosecutor, and he's going to say, what? I'm not arrested by the prosecutor
[01:46:52.520 --> 01:46:59.520]  And he thinks our allegations are frivolous and without foundation, and we don't care what he thinks
[01:46:59.520 --> 01:47:06.520]  We go to the grand jury, we make grand jury noises trying to get him indicted
[01:47:06.520 --> 01:47:12.520]  And he's essentially an innocent party in this particular scenario
[01:47:12.520 --> 01:47:20.520]  And the best one to go after is the innocent party, and he's going to go to the prosecutor and say, what in the heck is going on here?
[01:47:20.520 --> 01:47:26.520]  I protect you, this is what I get, fix this
[01:47:26.520 --> 01:47:31.520]  What do you think the prosecutor attorney is going to say to the lender?
[01:47:31.520 --> 01:47:38.520]  Got the judge on my behind, because I'm not pursuing prosecution against you
[01:47:38.520 --> 01:47:42.520]  You need to do something to make these people go away
[01:47:42.520 --> 01:47:49.520]  These are things the individual can do that your attorney would never be able to do
[01:47:49.520 --> 01:47:55.520]  We do this kind of thing on the front end, get them set up, we bring in the attorney on the back end
[01:47:55.520 --> 01:48:00.520]  To ride in on his white horse and pull the dirty rotten pro se off the poor judge and prosecutor
[01:48:00.520 --> 01:48:03.520]  And get ourselves a deal, we can't live without
[01:48:03.520 --> 01:48:13.520]  We have two callers, I'm going to close this out for now, and we go to Mike from Texas
[01:48:13.520 --> 01:48:17.520]  Mike, you have a question or comment
[01:48:17.520 --> 01:48:23.520]  I've got a couple of quick questions, okay, I was supposed to have trial last week
[01:48:23.520 --> 01:48:30.520]  Okay, stop, stop, stop, Mike, this is Mike from Texas who had the problem with PSA
[01:48:30.520 --> 01:48:33.520]  TSA
[01:48:33.520 --> 01:48:34.520]  Didn't I say that?
[01:48:34.520 --> 01:48:36.520]  I sound like you said PSA
[01:48:36.520 --> 01:48:38.520]  Oh, what is it?
[01:48:38.520 --> 01:48:39.520]  TSA, transportation
[01:48:39.520 --> 01:48:47.520]  I'm sorry, TSA, TSA over water bottle, a bottle of water and altercation of some sort
[01:48:47.520 --> 01:48:56.520]  And they're trying to prosecute him in the municipal court in Austin and so far they have altered videos and lied like dogs
[01:48:56.520 --> 01:49:06.520]  And he couldn't get the transcripts from the court reporter in time for his trial for another hearing that was before this
[01:49:06.520 --> 01:49:10.520]  Okay, so you had your trial last Thursday, so what happened?
[01:49:10.520 --> 01:49:17.520]  Actually I didn't have a trial, they didn't have time, they overbooked the docket and so they rescheduled
[01:49:17.520 --> 01:49:25.520]  And I'm wondering, is that a continuance or is that the same thing under Texas Code of Criminal Procedure Rule 29?
[01:49:25.520 --> 01:49:33.520]  No, that's a continuance, yes, but it's not charged to you, so their clock is running on speedy trial
[01:49:33.520 --> 01:49:34.520]  Okay
[01:49:34.520 --> 01:49:39.520]  And since, okay, you actually have a right to dismissal
[01:49:39.520 --> 01:49:48.520]  Did they call you up and say, hey, Mike, is this a good day for you to show up?
[01:49:48.520 --> 01:49:52.520]  No, they just set a trial date
[01:49:52.520 --> 01:49:55.520]  Be here this day this time?
[01:49:55.520 --> 01:50:04.520]  When in a criminal proceeding the court says be here this day this time, the state has a duty to be ready
[01:50:04.520 --> 01:50:09.520]  If they overbook the docket, their problem, not your problem, you need to move for dismissal
[01:50:09.520 --> 01:50:16.520]  Okay, I move for dismissal, they're saying they won't dismiss, they reschedule, it's not a continuance
[01:50:16.520 --> 01:50:23.520]  Okay, as long as you have it in the record, if there actually winds up being a record
[01:50:23.520 --> 01:50:30.520]  Have you, how are you coming on the transcripts? Since there was a delay
[01:50:30.520 --> 01:50:37.520]  The court reporter refuses to provide the transcript in time for trial, so I just sent her another email this week
[01:50:37.520 --> 01:50:42.520]  She says she refuses to provide the transcript in time for trial
[01:50:42.520 --> 01:50:46.520]  You need to file suit against the court reporter
[01:50:46.520 --> 01:50:54.520]  Absolutely, absolutely, she said she refuses to or she just said that's not going to be ready in time
[01:50:54.520 --> 01:50:56.520]  She refuses to
[01:50:56.520 --> 01:51:02.520]  Okay, then file a complaint with the, there's got to be an association for court reporters
[01:51:02.520 --> 01:51:03.520]  Okay
[01:51:03.520 --> 01:51:06.520]  Find out who licenses them and file a complaint with them
[01:51:06.520 --> 01:51:10.520]  Yes, and send copies of the email, forward the emails
[01:51:10.520 --> 01:51:15.520]  There was an interesting occurrence that occurred this week
[01:51:15.520 --> 01:51:20.520]  On October 1st, I subpoenaed the head judge and head prosecutor because
[01:51:20.520 --> 01:51:27.520]  I subpoenaed the head judge because she filed, she worked with the prosecutor
[01:51:27.520 --> 01:51:34.520]  The same day that I filed motion for sanctions because they were in violation of a court order
[01:51:34.520 --> 01:51:43.520]  They were deficit and delinquent and I have a 50 page document then stating that they have the information
[01:51:43.520 --> 01:51:46.520]  They have the recordings but they just won't provide it
[01:51:46.520 --> 01:51:54.520]  So I filed a motion for sanctions and two hours later the head judge and the prosecutor dropped the charges
[01:51:54.520 --> 01:51:58.520]  The day before I had to put a motion in for continuance, they denied it
[01:51:58.520 --> 01:52:05.520]  Then they changed it from denied to granted, dropped the charges, formed new charges
[01:52:05.520 --> 01:52:12.520]  Four days before a complaint was entered and I have certified documents from the court proving that
[01:52:12.520 --> 01:52:17.520]  So I subpoenaed the head judge and head prosecutor for trial on October 1st
[01:52:17.520 --> 01:52:24.520]  And apparently that same day the head judge and head prosecutor for Austin Municipal Court
[01:52:24.520 --> 01:52:33.520]  Met with the head clerk of courts and changed the subpoenaing process to where they would no longer serve
[01:52:33.520 --> 01:52:37.520]  And they didn't notify me that they had changed that policy
[01:52:37.520 --> 01:52:42.520]  So about a couple hours before close of business the day before trial
[01:52:42.520 --> 01:52:47.520]  They sent a phone message saying, hey your subpoena is already here to be served
[01:52:47.520 --> 01:52:49.520]  We don't serve them anymore
[01:52:49.520 --> 01:52:53.520]  That was a process that changed after I had subpoenaed them
[01:52:53.520 --> 01:52:55.520]  So they didn't show up for trial
[01:52:55.520 --> 01:52:59.520]  So now you've got time to serve them anyway
[01:52:59.520 --> 01:53:09.520]  And in Texas, as I understand, I have to reject the law, avoidance of service is a felony
[01:53:09.520 --> 01:53:15.520]  And you can claim, I would claim against these two, the prosecutor and the judge
[01:53:15.520 --> 01:53:21.520]  Accusing them of avoidance of service, of conspiracy to avoid service
[01:53:21.520 --> 01:53:24.520]  That'll jerk them out in their shorts
[01:53:24.520 --> 01:53:29.520]  Get a complaint in against this court reporter
[01:53:29.520 --> 01:53:34.520]  She's going to be the least stable of the entire group
[01:53:34.520 --> 01:53:39.520]  The easiest one to get to, you get her screaming bloody murder
[01:53:39.520 --> 01:53:43.520]  And send her a tort letter, a notice of suit
[01:53:43.520 --> 01:53:49.520]  And make up an outrageous amount for all this misery you've been caused
[01:53:49.520 --> 01:53:57.520]  She is essentially vicariously liable for all of this stuff that's happening to you
[01:53:57.520 --> 01:54:04.520]  Yeah, I have to mention that now you've got her between a rock and a hard place
[01:54:04.520 --> 01:54:09.520]  Because she can now be called as a witness to testify against this judge and prosecutor
[01:54:09.520 --> 01:54:16.520]  That she received direction on the service from them to deny the service being done
[01:54:16.520 --> 01:54:21.520]  The only way she can bail herself out is to feed you the judge and the prosecutor
[01:54:21.520 --> 01:54:23.520]  Okay
[01:54:23.520 --> 01:54:26.520]  Lock it and roll it
[01:54:26.520 --> 01:54:31.520]  Wind them up and get them all playing crabs in a bucket
[01:54:31.520 --> 01:54:33.520]  Okay
[01:54:33.520 --> 01:54:36.520]  Okay, you got any more questions or comments?
[01:54:36.520 --> 01:54:43.520]  That's, you know, the latest hits, you know, every day it's a, you know, you wouldn't believe it
[01:54:43.520 --> 01:54:49.520]  I've almost gotten arrested just by asking to file motions
[01:54:49.520 --> 01:54:52.520]  I don't know, I guess that's it for tonight
[01:54:52.520 --> 01:54:54.520]  I didn't want to take too much time to get into the caller
[01:54:54.520 --> 01:54:56.520]  All right, thanks Mike
[01:54:56.520 --> 01:54:59.520]  You've got Carlos and we know how Carlos is
[01:54:59.520 --> 01:55:02.520]  All right, thanks Mike
[01:55:02.520 --> 01:55:03.520]  Thank you very much
[01:55:03.520 --> 01:55:06.520]  Okay, we're going now to Carlos in California
[01:55:06.520 --> 01:55:08.520]  Carlos, thanks for calling in, what's on your mind tonight?
[01:55:08.520 --> 01:55:11.520]  Good evening everybody, I'm Randall, okay, quick
[01:55:11.520 --> 01:55:13.520]  Carlos, it's been a while
[01:55:13.520 --> 01:55:17.520]  Yes, I know, okay
[01:55:17.520 --> 01:55:24.520]  When an attorney comes into the court, what is he supposed to bring in to the table?
[01:55:24.520 --> 01:55:29.520]  I know you already said it, but I came in late and this other gentleman was talking about it
[01:55:29.520 --> 01:55:38.520]  What is, by law, what does he have to bring to the court to prove that he's in good standing representing your opponent?
[01:55:38.520 --> 01:55:43.520]  Well, one thing has to be registered to practice in the court
[01:55:43.520 --> 01:55:53.520]  But he has to have a notice with the court that he is representing the client
[01:55:53.520 --> 01:55:56.520]  It's a notice of appearance
[01:55:56.520 --> 01:56:07.520]  But when you challenge his agency, he must prove that he has agency to represent the principal
[01:56:07.520 --> 01:56:12.520]  An agency may not be proven out of the mouth of the agent
[01:56:12.520 --> 01:56:25.520]  It must be proven out of the mouth of the principal either by a signed contract or a verified affidavit by the principal, not the agent
[01:56:25.520 --> 01:56:34.520]  The problem they tend to have is they pick these things up and they don't have a contract with the principal
[01:56:34.520 --> 01:56:40.520]  So I suggest you go for agency
[01:56:40.520 --> 01:56:49.520]  If he can't prove it up, then you go for him criminally and civilly, personally
[01:56:49.520 --> 01:56:58.520]  Can I do this at the same time I file my complaint and also can I file my complaint or my answer to an unlawful detainer
[01:56:58.520 --> 01:57:04.520]  and bring in discovery as soon as possible because we want to do it as soon as possible
[01:57:04.520 --> 01:57:08.520]  Do you have an unlawful detainer hearing coming?
[01:57:08.520 --> 01:57:10.520]  No, I don't have a hearing
[01:57:10.520 --> 01:57:14.520]  I did answer my unlawful detainer but I'm moving it to federal court
[01:57:14.520 --> 01:57:21.520]  But I'm going to file a quiet title and bring in a case that we had in California
[01:57:21.520 --> 01:57:25.520]  which they did everything backwards like they're doing it right now
[01:57:25.520 --> 01:57:32.520]  and this guy, homeowner Guan, and I want to bring in this case with all the goodness that you're teaching us
[01:57:32.520 --> 01:57:40.520]  Okay, there is a case out there, it was from March of 2010
[01:57:40.520 --> 01:57:53.520]  that says that the attorney, if there is improprieties in the paperwork and such, is liable for all the damages that you accrue
[01:57:53.520 --> 01:57:58.520]  This gives you grounds to go straight for that attorney's throat
[01:57:58.520 --> 01:58:02.520]  Okay, what's the case?
[01:58:02.520 --> 01:58:05.520]  Okay, we are...
[01:58:05.520 --> 01:58:07.520]  Hey, ask what the case is
[01:58:07.520 --> 01:58:13.520]  I don't have the name of it, Jeff has sent it to me and I didn't get time to look at it today
[01:58:13.520 --> 01:58:18.520]  but if you send me an email, I will get you a copy of the case
[01:58:18.520 --> 01:58:20.520]  Thank you sir, thank you
[01:58:20.520 --> 01:58:22.520]  Alright, thanks Carlos
[01:58:22.520 --> 01:58:29.520]  Okay folks, that wraps it up for another Friday night for our info marathon
[01:58:29.520 --> 01:58:32.520]  This is the rule of law, ruleoflawradio.com
[01:58:32.520 --> 01:58:36.520]  Please support our sponsors
[01:58:36.520 --> 01:58:41.520]  and we will be back on Monday night with Eddie for traffic night
[01:58:41.520 --> 01:58:54.520]  Y'all have a very blessed weekend
[01:59:11.520 --> 01:59:14.520]  Dangerous, dangerous
[01:59:14.520 --> 01:59:17.520]  If you are a chucky
[01:59:17.520 --> 01:59:21.520]  Nobody chucks you from me
[01:59:21.520 --> 01:59:24.520]  If you are a chucky, chucky
[01:59:24.520 --> 01:59:29.520]  Nobody chucks you from me
[01:59:29.520 --> 01:59:31.520]  I'm like a stepping race
[01:59:31.520 --> 01:59:33.520]  Don't watch my side
[01:59:33.520 --> 01:59:36.520]  I'm dangerous, I'm dangerous
[01:59:36.520 --> 01:59:38.520]  I'm like a stepping race
[01:59:38.520 --> 01:59:41.520]  Don't watch my side
[01:59:41.520 --> 01:59:43.520]  I'm dangerous, I'm dangerous
[01:59:43.520 --> 01:59:46.520]  If you eat I'm going
[01:59:46.520 --> 01:59:50.520]  If you eat I'm going
[01:59:50.520 --> 01:59:52.520]  If you eat I'm going
[01:59:52.520 --> 01:59:54.520]  If you eat I'm going
[01:59:54.520 --> 02:00:09.520]  If you eat I'm going