[00:00.000 --> 00:04.720]  This news brief brought to you by the International Newsnet.
[00:04.720 --> 00:08.920]  Afghan President Hamid Karzai Friday said he is at the end of the rope because of the
[00:08.920 --> 00:14.480]  lack of U.S. cooperation in probing the massacre of 16 Afghan civilians.
[00:14.480 --> 00:18.840]  In a meeting with families of those killed on Sunday, Karzai said the delegation he sent
[00:18.840 --> 00:24.240]  to investigate the shootings did not receive the cooperation Afghans expected.
[00:24.240 --> 00:30.520]  Israel's ambassador to the U.S. Michael Oren reiterated Thursday the possibility of his
[00:30.520 --> 00:34.360]  country striking Iran over its nuclear program.
[00:34.360 --> 00:40.040]  Oren dismissed criticisms by Israel's former spy chief, Mayor Dagan, of a possible attack.
[00:40.040 --> 00:44.960]  Israel, the only country in the Middle East to possess nuclear weapons, has refused to
[00:44.960 --> 00:47.360]  sign the Nuclear Non-Proliferation Treaty.
[00:47.360 --> 00:53.240]  Fifty people were arrested in the Chilean capital Santiago Thursday during a student
[00:53.240 --> 00:56.040]  demonstration over improving higher education.
[00:56.040 --> 01:00.440]  Authorities used water cannons and tear gas against demonstrators who fought back with
[01:00.440 --> 01:01.440]  stones.
[01:01.440 --> 01:06.880]  The students backed by professors and labor unions are demanding President Sebastian Pinera's
[01:06.880 --> 01:13.960]  conservative government guarantee free, quality university-level education for all Chileans.
[01:13.960 --> 01:19.000]  The Treasury Department is investigating two dozen former high-ranking U.S. officials for
[01:19.000 --> 01:25.360]  actively supporting an Iranian dissident group, the People's Mujahideen of Iran, M.E.K., listed
[01:25.360 --> 01:28.440]  by the State Department as a terrorist organization.
[01:28.440 --> 01:33.600]  Those under investigation include former governors Ed Rendell of Pennsylvania and Howard Dean
[01:33.600 --> 01:39.480]  of Vermont, former Homeland Security Advisor to George Bush, Fran Townsend, Bush's Attorney
[01:39.480 --> 01:44.280]  General Michael McKasey, and former U.N. Ambassador John Bolton.
[01:44.280 --> 01:49.280]  People being investigated are former Mayor of New York Rudolph Giuliani, ex-FBI Director
[01:49.280 --> 01:54.040]  Lewis Free, and former Chairman of Joint Chiefs, General Hugh Shelton.
[01:54.040 --> 01:58.240]  The investigation is focused on whether the former officials receive funding from the
[01:58.240 --> 02:04.040]  M.E.K., thereby violating federal law barring financial dealings with terrorist groups.
[02:04.040 --> 02:08.400]  Sources say those under investigation receive speakers' fees totaling hundreds of thousands
[02:08.400 --> 02:09.400]  of dollars.
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[05:10.640 --> 05:21.640]  We've been researching, I've been researching the documentation in the county record.
[05:21.640 --> 05:34.640]  Here recent times I spoke a while back about reading the manual for GMA Securities Manual
[05:34.640 --> 05:42.640]  and how it laid out what the structure should be for a pool that is backed by GMA.
[05:42.640 --> 05:53.640]  That is an area of further research I need to go to because if these pools are backed by GMA,
[05:53.640 --> 06:01.640]  then what the lender is claiming is going on is not what's going on.
[06:01.640 --> 06:12.640]  There seems to be some incredible differences between what the code requires
[06:12.640 --> 06:16.640]  and what the banks are apparently doing.
[06:16.640 --> 06:21.640]  One of the first things I want to go to, and I hope Lesney is listening tonight.
[06:21.640 --> 06:28.640]  I hope she can get on because she is fast becoming my resident Murray's expert.
[06:28.640 --> 06:40.640]  In looking through the court record, it appears that when you purchase a house, you will file a warranty deed.
[06:40.640 --> 06:48.640]  In those states that use a trust deed, the borrower will create a deed of trust.
[06:48.640 --> 06:55.640]  I've had a lot of people raise an issue about the deed of trust and say it wasn't valid because it only had one signature on it.
[06:55.640 --> 07:03.640]  Well, it turns out that it only needs one signature because it is the borrower that creates the trust,
[07:03.640 --> 07:16.640]  appoints the trustee to administer the trust and will designate a beneficiary and off times an agent for the beneficiary.
[07:16.640 --> 07:28.640]  Generally, that will be Murray's mortgage electronic registration systems, and they like to call themselves a nominee.
[07:28.640 --> 07:42.640]  But in looking up the term nominee, it imparts no more authority than would a person who was designated as an agent for the lender.
[07:42.640 --> 07:50.640]  This is merely someone who has a parent power of attorney for the lender.
[07:50.640 --> 08:10.640]  And then once the deed of trust is created, what the practice appears to be and what's borne out in most every case is that the lender immediately places the note in a pool.
[08:10.640 --> 08:21.640]  Actually, each lender will create a number of pools because the pool can only hold notes with the same interest rate.
[08:21.640 --> 08:28.640]  And once he creates his pools, there is a 90 day window for each pool.
[08:28.640 --> 08:35.640]  He has a 90 day period in which he can place notes into the pool.
[08:35.640 --> 08:44.640]  I'm not going to go into pools yet. Frankly, I don't know enough about them to speak intelligently to them yet.
[08:44.640 --> 08:51.640]  But it is clear enough that it is the lender who creates the pool.
[08:51.640 --> 09:06.640]  And then a number of pools will be sold to a sponsor who will sponsor them into a pass through trust.
[09:06.640 --> 09:11.640]  And in that trust, there will be thousands of notes, but each of the pools are relatively small.
[09:11.640 --> 09:21.640]  It's not so much the pool we're interested in when we do the securities analysis is we're interested in the trust that is placed into.
[09:21.640 --> 09:28.640]  But back to the records in the county recorders office.
[09:28.640 --> 09:42.640]  So far as we're concerned, the only thing that occurs according to the record is that you create the trust, appoint a trustee and appointed beneficiary.
[09:42.640 --> 09:53.640]  And then at some point on the vast majority of the notes and a substitute trustee will be appointed.
[09:53.640 --> 10:08.640]  And therefore the deed of trust will be assigned to a different entity, an entity that will become the servicer of the note.
[10:08.640 --> 10:22.640]  And after reading the Ginny May documents and looking at the names I'm seeing under Ginny May, the only entities that can be a servicer
[10:22.640 --> 10:37.640]  of an entity that's registered, I'm sorry, let me back up, the only entity that can be a servicer of a note that is in a pool backed by Ginny May.
[10:37.640 --> 10:48.640]  That servicer must be registered with Ginny May as an issuer and a commitment officer.
[10:48.640 --> 10:56.640]  And its primary business must be the writing of notes, not the servicing of notes.
[10:56.640 --> 11:02.640]  Now I'm seeing these companies called servicing companies.
[11:02.640 --> 11:10.640]  If they're servicing notes that are in pools backed by Ginny May, they're not authorized to be there.
[11:10.640 --> 11:20.640]  But for the purpose of this presentation, I'm not going to go to that issue primarily because I haven't had time to research out that particular avenue.
[11:20.640 --> 11:36.640]  In the future, in the very near future, we will be looking at the trusts themselves, the past through trusts, to see how to determine if they're backed by Ginny May.
[11:36.640 --> 11:43.640]  If they are backed by Ginny May, then we can pull forward all the Ginny May requirements.
[11:43.640 --> 11:48.640]  And that may be another way to disqualify a servicer.
[11:48.640 --> 11:58.640]  But the first way to disqualify a servicer is to look at the assignment.
[11:58.640 --> 12:08.640]  You want to pull your documents and look at the first assignment. Who made the assignment? Did MERS make the assignment?
[12:08.640 --> 12:18.640]  If MERS made the assignment the way I read the deed of trust, the assignment's not valid because MERS is not the trustee.
[12:18.640 --> 12:24.640]  MERS is designated as the agent for the beneficiary.
[12:24.640 --> 12:30.640]  And the beneficiary of the trust has no power over the trust.
[12:30.640 --> 12:44.640]  The grantor of the trust, once the property is placed in the interest, has no power beyond the contract with the trustee.
[12:44.640 --> 12:51.640]  It is the trustee who has the power and authority to act as the agent for the trust.
[12:51.640 --> 12:57.640]  I look at these assignments and find them assigned by MERS.
[12:57.640 --> 13:06.640]  And that's one of the issues we'll be bringing up is that MERS has no power to do an assignment. It must be the trustee.
[13:06.640 --> 13:15.640]  And besides from that, if you look at paragraph 20 of your deed of trust,
[13:15.640 --> 13:24.640]  most all of the deed of trust you will see are the HUD-1 authorized forms for deed of trust.
[13:24.640 --> 13:28.640]  That's why they keep coming up since they're the same.
[13:28.640 --> 13:39.640]  At either paragraph 19 or 20, you will find a section that authorizes the trustee,
[13:39.640 --> 13:54.640]  or authorizes the beneficiary to sell the note together with this security instrument referring to the deed of trust.
[13:54.640 --> 14:01.640]  They're authorized to sell part of it or all of it one or more times.
[14:01.640 --> 14:15.640]  But it's very clear in every single one of them that they are authorized to sell the note together with this deed of trust.
[14:15.640 --> 14:20.640]  They are not authorized to sell the note by itself.
[14:20.640 --> 14:31.640]  And you don't, okay, let's back up a little bit. They're assigning the deed of trust, but you don't assign a note.
[14:31.640 --> 14:39.640]  You negotiate a note. A note is a security instrument.
[14:39.640 --> 14:55.640]  A deed of trust is called a security instrument, but when it's called a security instrument, the term security is used in a different way.
[14:55.640 --> 15:04.640]  When a note is called a security instrument, that refers to it as a negotiable instrument.
[15:04.640 --> 15:19.640]  What a deed of trust is called a security instrument. It's referencing an instrument intended to provide security for the payment of the note.
[15:19.640 --> 15:28.640]  So that you don't get confused when you come up with these two seemingly using the same terms in two different ways.
[15:28.640 --> 15:42.640]  So that's the difference. When you cash a check, you don't assign the check to someone else. You negotiate the check.
[15:42.640 --> 15:58.640]  That's exactly what happened when the lender transferred holdership from his hand to another hand. He did that by a negotiation.
[15:58.640 --> 16:01.640]  Now here's where it gets a bit complex.
[16:01.640 --> 16:22.640]  We have Mer's standing in the middle as nominee for the lender. And we have the lender then negotiating the note to another party, but for the most part we don't know who that party is.
[16:22.640 --> 16:39.640]  Because Mer's claims that somehow a nominee is more than simply an agent, is more than someone who holds power of attorney for the lender, that he has some other kind of mystical, magical powers.
[16:39.640 --> 16:45.640]  And we will talk about those when we come back on the other side. Our phone lines are going to be open, so get in line.
[16:45.640 --> 17:00.640]  It's the calling number. It's 542-646-1984. This is Randy Kelk, we've ever seen him say to Craig, we'll be right back on the other side.
[17:00.640 --> 17:15.640]  America is in trouble. Washington is a disgrace. Government has become too big. It's overtaxing, overspending. We need to change direction. We really need to change. We can't afford to make the same mistakes we've made in the past. Mitt Romney's reputation is a flip-flopper.
[17:15.640 --> 17:27.640]  He went the other way when he got paid to go the other way. There is need for economic stimulus. It's about serial hypocrisy. This election is about trust. There's been one true, consistent candidate. And that's Dr. Ron Paul.
[17:27.640 --> 17:39.640]  Ron Paul has been so consistent from the very beginning. He seems like a more honest candidate. He tells the truth about what he believes, whether you like it or not. He's never once voted for a tax increase, never once voted for an unbalanced budget.
[17:39.640 --> 17:47.640]  Ron Paul's plan is bold. Cutting five departments is what we need. When he says he's going to cut a trillion dollars in the first year, I believe it.
[17:47.640 --> 18:00.640]  If you don't like how things are going, and he's tired of politicians, he's something different. Ron Paul is the one we've been looking for. I'm Ron Paul, and I approve this message.
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[19:20.640 --> 19:40.640]  Okay, back to the radio, and we were talking about how it works in the world of loans and deeds of trust and fancy dealing.
[19:40.640 --> 20:06.640]  Well, from my research, it appears that the lender negotiates the note to someone else. Now, we have a pretty good idea of who negotiates the note to, but when we look at the court record, and when I research these and look at them, I look at them from the perspective of causes of action and legal claims.
[20:06.640 --> 20:28.640]  When I look in the court record, I find that the lender is indicated as the holder of the note that he generally has an agent, but not always. That agent most of the time will be mortgage electronic registration service, and he will have appointed a trustee.
[20:28.640 --> 20:45.640]  Then there is indication, although it seldom ever shows up in the court record, that the lender negotiates the note to another party and transfers it into a pool.
[20:45.640 --> 21:14.640]  And the way they do that is, if what I'm reading in Ginny May is accurate, the lender himself creates a pool and places notes in the pool, and then negotiates the entire pool to a larger pool or a pass-through trust.
[21:14.640 --> 21:28.640]  Now, that's kind of hearsay. We're just guessing that happens because there's no evidence in the court record that that occurs. And that is precisely the reason MERS was put in place.
[21:28.640 --> 21:46.640]  Because of this practice of converting the note to a security instrument and then selling it into the secondary real estate market, created some problems that weren't consistent with standing law.
[21:46.640 --> 21:59.640]  The standing law for the last 200 years was that any change in beneficial interest of the note needed to be recorded in the county record.
[21:59.640 --> 22:11.640]  And the reason I said needed to be, instead of must be, as I'm in Texas and I see Leslie, she's on, she's in Pennsylvania where it must be.
[22:11.640 --> 22:25.640]  Here in Texas, it says the lender may file a transfer of the security instrument in the court record. It does not say he must.
[22:25.640 --> 22:44.640]  But that was done for the last 200 years because if someone were to purchase property and they would seek claims against the note, or I'm sorry, they would seek claims against the property.
[22:44.640 --> 23:05.640]  The place to look was in the county registrar's office, the county recorders. And if they found no claims in the county recorders office, they could pretty well trust that there would be no claims that the court would adjudicate.
[23:05.640 --> 23:21.640]  But that has changed. The last 200 years of law somehow has changed. And now we have entities enforcing claims against properties that aren't registered in the county recorders office.
[23:21.640 --> 23:37.640]  And a lot of times in order to get the right answer, you have to ask the right question. So what we're trying to do is focus back on the county record.
[23:37.640 --> 23:42.640]  I just put a lien on a friend of mine's property.
[23:42.640 --> 23:57.640]  I went down to the county registrar's office and before I incurred this claim against his property, I looked in the county record and I found no claim against the property.
[23:57.640 --> 24:08.640]  So in good faith, I incurred this claim against the property and then filed a lien in the county record to protect my claim.
[24:08.640 --> 24:20.640]  And then all of a sudden a claim shows up. It seems this problem was one with the county clerk and the way she kept her records.
[24:20.640 --> 24:32.640]  Now I have a problem because I acted with due diligence and I acted in good faith when I filed this lien against the property.
[24:32.640 --> 24:43.640]  And now there's a lien that claims to supersede my lien and could render my lien invalid.
[24:43.640 --> 24:47.640]  You see how the problem comes in?
[24:47.640 --> 25:03.640]  If you don't file your lien with the county registrar's office, you haven't made the lien public and it creates these kinds of conflicting claims against the property.
[25:03.640 --> 25:17.640]  Now if it had been that the lender had not filed the lien, then the lender would be in a peculiar position where they had a claim but they hadn't made the claim public.
[25:17.640 --> 25:27.640]  So other people could in good faith incur a claim against the same property, then we would have a legal conflict.
[25:27.640 --> 25:37.640]  And for the last 200 years the courts would consistently rule against the person who failed to file the lien in the public record.
[25:37.640 --> 25:45.640]  And this is what I'm saying is even in Texas you are not required to file that notice.
[25:45.640 --> 25:50.640]  But then you can always screw yourself. If you want to, that's legal.
[25:50.640 --> 26:02.640]  If you have a claim and don't file it and I file a claim, then you bring your claim to the court and file it first in line.
[26:02.640 --> 26:09.640]  Time is first in line. Your claim would fall behind mine so you would have screwed yourself.
[26:09.640 --> 26:31.640]  Legally of course. Well, something more insidious seems to be going on here. They're not filing these notices on purpose because apparently the notes are being placed into a pool that the lender creates.
[26:31.640 --> 26:49.640]  And then the lender sells his pools or negotiates his pools into larger pools, into larger agglomeration of notes that are then sold off in pieces or tranches to investors.
[26:49.640 --> 27:02.640]  And sometimes if they have a number of these investment conduits and one is producing well and the other one's not producing well.
[27:02.640 --> 27:12.640]  The one that's not producing well is costing them money. The one that is producing well is costing them money because it's incurring tax loss.
[27:12.640 --> 27:20.640]  So they'll shift part of one pool into another pool and sometimes they'll do this two or three times a week.
[27:20.640 --> 27:37.640]  Well, if you're moving portions of 10,000 notes at a time, it's going to cost you $30,000 a pop to move these things if you file the notices with the county recorders office.
[27:37.640 --> 27:47.640]  So they put together MERS to stand as what they call the nominees. They kind of made this up.
[27:47.640 --> 28:01.640]  That they transfer the note to MERS and then MERS would endorse or they would transfer it to MERS endorsed in blank.
[28:01.640 --> 28:20.640]  So they're saying, well, it's not necessary to file a change of holdership because actual holdership of the note is not changing here because the note is not being endorsed.
[28:20.640 --> 28:32.640]  And that way they circumvent the intent of the legislature in requiring that the claims be filed in the court records.
[28:32.640 --> 28:53.640]  Well, the problem they have is and the one I'm looking at is if I hold a note, I'm just holding it. And if it's not endorsed, it's kind of like a bearer bond.
[28:53.640 --> 29:10.640]  If I take that to an entity entity that has a duty to return value for it and I endorse it and give it to the entity, then they'll return me value for that instrument.
[29:10.640 --> 29:16.640]  However, until I do that, I am not the holder of that note.
[29:16.640 --> 29:25.640]  So it's my position that if the note is endorsed in blank, there is no holder of the note.
[29:25.640 --> 29:34.640]  So if the note is endorsed in blank and there is a default, there's no holder against whom to default.
[29:34.640 --> 29:40.640]  And if someone secures the note after default, then they got it knowing it was in default and they don't have a claim.
[29:40.640 --> 29:47.640]  This is Randy Calcutta of the students at the grade with the radio. Leslie, I'll take you as soon as we come back on the other side.
[29:47.640 --> 29:52.640]  We'll open up the phone lines. Mark, I see you there. We'll pick you up next.
[29:52.640 --> 29:59.640]  The calling number is 512-646-1984. We'll be right back.
[29:59.640 --> 30:05.640]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[30:05.640 --> 30:12.640]  The government says that fire brought it down. However, 1,500 architects and engineers have concluded it was a controlled demolition.
[30:12.640 --> 30:15.640]  Over 6,000 of my fellow service members have given their lives.
[30:15.640 --> 30:17.640]  And thousands of my fellow force responders have died.
[30:17.640 --> 30:19.640]  I'm not a conspiracy theorist.
[30:19.640 --> 30:20.640]  I'm a structural engineer.
[30:20.640 --> 30:21.640]  I'm a New York City correction officer.
[30:21.640 --> 30:22.640]  I'm an Air Force pilot.
[30:22.640 --> 30:24.640]  I'm a father who lost his son.
[30:24.640 --> 30:26.640]  We're Americans and we deserve the truth.
[30:26.640 --> 30:30.640]  Go to RememberBuilding7.org today.
[30:30.640 --> 30:36.640]  Unless you're a bump in a log, you've probably heard the term blog.
[30:36.640 --> 30:39.640]  A blog is an online journal with thoughts and opinions.
[30:39.640 --> 30:41.640]  But have you heard of a vlog?
[30:41.640 --> 30:45.640]  I've got your cat for an Albrecht and I'll tell you all about it in just a moment.
[30:45.640 --> 30:50.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[30:50.640 --> 30:55.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:55.640 --> 31:01.640]  So protect your rights. Say no to surveillance and keep your information to yourself.
[31:01.640 --> 31:03.640]  Privacy, it's worth hanging on to.
[31:03.640 --> 31:07.640]  This public service announcement is brought to you by StartPage.com.
[31:07.640 --> 31:11.640]  The private search engine alternative to Google, Yahoo, and Bing.
[31:11.640 --> 31:14.640]  Start over with StartPage.
[31:14.640 --> 31:16.640]  A vlog is a fake blog.
[31:16.640 --> 31:18.640]  Sometimes blogs are just for fun.
[31:18.640 --> 31:24.640]  But some blogs masquerade as real blogs in order to promote a company product or a political point of view.
[31:24.640 --> 31:31.640]  One notorious vlog, Walmarting Across America, was supposedly written by a couple who just loved Walmart stores.
[31:31.640 --> 31:40.640]  As they drove their RV across the country, they made a point to park in Walmart lots every night to write super upbeat stories about the company and its employees.
[31:40.640 --> 31:48.640]  It sounded too good to be true, so reporters investigated and found out the couple was paid to say such nice things about the much hated retailer.
[31:48.640 --> 31:52.640]  Just one more reason Walmart deserves a flogging.
[31:52.640 --> 32:01.640]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[32:01.640 --> 32:06.640]  Yeah, I got the warrant.
[32:06.640 --> 32:09.640]  And I'm gonna solve them.
[32:09.640 --> 32:12.640]  To the government them.
[32:12.640 --> 32:14.640]  Prosecute them.
[32:14.640 --> 32:18.640]  Okay.
[32:18.640 --> 32:22.640]  Okay, we're back.
[32:22.640 --> 32:24.640]  Randy Kelton.
[32:24.640 --> 32:26.640]  Eddie Craig, James Stevens.
[32:26.640 --> 32:28.640]  We're live radio.
[32:28.640 --> 32:32.640]  To jump to a little faster on the background music.
[32:32.640 --> 32:35.640]  Okay, we're talking about murders.
[32:35.640 --> 32:39.640]  And just before I go to this, a little bit more I wanted to go to.
[32:39.640 --> 32:45.640]  The reason I went to all of this is that in the deed of trust,
[32:45.640 --> 32:54.640]  there is a paragraph that authorizes the sale of the note together with the deed of trust.
[32:54.640 --> 33:00.640]  So if you have a assignment of the deed of trust,
[33:00.640 --> 33:11.640]  and there is not reflected in a transfer or negotiation of the note together with that assignment,
[33:11.640 --> 33:21.640]  you have reason to believe that the trustee has breached his duty as trustee and violated the contract.
[33:21.640 --> 33:26.640]  And what we're looking at is firing the trustee.
[33:26.640 --> 33:34.640]  Now you as the grantor of the trust have the power to fire the trustee.
[33:34.640 --> 33:38.640]  But you have no power to appoint a new one.
[33:38.640 --> 33:43.640]  Only the holder of the note can do that, the beneficiary.
[33:43.640 --> 33:51.640]  And what firing the trustee will do is force the beneficiary to show his hand.
[33:51.640 --> 34:01.640]  If the note is out there unendorsed, no one can appoint a trustee until the note is endorsed.
[34:01.640 --> 34:09.640]  If the transfer was done by MERS, then the transfer wasn't done because MERS was not appointed,
[34:09.640 --> 34:14.640]  unless MERS was appointed as trustee.
[34:14.640 --> 34:22.640]  If MERS was appointed as nominee and agent for the lender, or even beneficiary,
[34:22.640 --> 34:28.640]  MERS can't make the transfer under the assignment, only the trustee can do that.
[34:28.640 --> 34:34.640]  Leslie, do you agree, disagree?
[34:34.640 --> 34:39.640]  I agree, but something else you should know is that if it's appointed a beneficiary,
[34:39.640 --> 34:45.640]  that's not legitimate either because it cannot hold a position as beneficiary, and I'll tell you why.
[34:45.640 --> 34:47.640]  Can I read you something?
[34:47.640 --> 34:48.640]  Yes.
[34:48.640 --> 34:56.640]  When a state agency found that MERS is a mortgage banker subject to license and registration requirements,
[34:56.640 --> 35:04.640]  MERS appealed to the Supreme Court of Nebraska and outlined its very limited role as nominee.
[35:04.640 --> 35:11.640]  Subsequently, counsel for MERS explained that MERS does not take applications, underwrite loans,
[35:11.640 --> 35:19.640]  make decisions on whether to extend credit, collect mortgage payments, hold escrows for taxes and insurance,
[35:19.640 --> 35:23.640]  or provide any loan servicing functions whatsoever.
[35:23.640 --> 35:32.640]  MERS married tracks the ownership of the lien and is paid for by its services through membership fees.
[35:32.640 --> 35:40.640]  And that was taken from mortgage electronic registration systems versus Nebraska Department of Banking and Finance.
[35:40.640 --> 35:49.640]  MERS argues that it does not acquire mortgage loans and only holds legal title to members' mortgages in a nominee capacity
[35:49.640 --> 35:56.640]  and is contractually prohibited from exercising any right with respect to the mortgages.
[35:56.640 --> 36:04.640]  Without the authorization of the members further, MERS argues that it does not own the promissory notes secured by the mortgages,
[36:04.640 --> 36:13.640]  has no right to payments, made on the notes, documents offered during the department hearing support the limited nature of MERS services
[36:13.640 --> 36:21.640]  based on the explanation from MERS itself and documents presented by MERS and reviewed by the Supreme Court of Nebraska.
[36:21.640 --> 36:31.640]  It is undisputed that MERS serves a very limited capacity and holds no substantive rights.
[36:31.640 --> 36:40.640]  That is pretty close to what occurred in landmarks in Kansas.
[36:40.640 --> 36:41.640]  Yes.
[36:41.640 --> 36:45.640]  But this goes to collateral estoppel.
[36:45.640 --> 36:58.640]  With this position taken in the court, MERS would subsequently be collateral-y estopped from taking a different position.
[36:58.640 --> 37:00.640]  Exactly.
[37:00.640 --> 37:01.640]  So...
[37:01.640 --> 37:08.640]  Further, another thing that I don't know if you read that, it was called Deadly Clear I Sent You.
[37:08.640 --> 37:16.640]  One of the reasons they use MERS is they aren't exactly honest, and if they can put...
[37:16.640 --> 37:18.640]  Wait a minute.
[37:18.640 --> 37:23.640]  Are you disparaging these vulnerable institutions?
[37:23.640 --> 37:25.640]  Of course I am.
[37:25.640 --> 37:26.640]  Oh, good, good, good.
[37:26.640 --> 37:35.640]  There was an audit of six trusts, out of 21 trusts, that were WMALT trusts.
[37:35.640 --> 37:46.640]  There was 8,000 loans. They found 46 loans that were in two different pools, two that were in three different pools,
[37:46.640 --> 37:54.640]  one that was in five pools, and one in New York that was a condo in six different pools.
[37:54.640 --> 37:56.640]  Oh, this is wonderful.
[37:56.640 --> 38:06.640]  This is exactly what I figured when I read the requirements of Ginny May.
[38:06.640 --> 38:13.640]  When I read the requirements of Ginny May, I thought, this is a prescription for fraud.
[38:13.640 --> 38:15.640]  Absolutely.
[38:15.640 --> 38:22.640]  Because all the lender would have to do is change the interest rate on the note and drop it in another pool.
[38:22.640 --> 38:23.640]  Exactly.
[38:23.640 --> 38:31.640]  And I've been speculating that that's the reason the lender is not coming up with the notes.
[38:31.640 --> 38:44.640]  Because according to Ginny May, the lender is required to take the loan documents and present those to the document custodian.
[38:44.640 --> 38:52.640]  And the document custodian must certify to Ginny May that the note meets all of the pool requirements.
[38:52.640 --> 39:02.640]  Well, if they have created a number of these supposedly original notes and filed them in a number of pools,
[39:02.640 --> 39:08.640]  which they could do easily enough since the lender is the one that creates the pools,
[39:08.640 --> 39:18.640]  then if they went to the document custodian and the document custodian went to their computers and did a search for this property,
[39:18.640 --> 39:22.640]  they're likely to get a hit on a bunch of them.
[39:22.640 --> 39:23.640]  Right.
[39:23.640 --> 39:32.640]  Then the cat would be out of the bag, and I suspect that's why these banks are being reluctant to produce the note.
[39:32.640 --> 39:33.640]  Right.
[39:33.640 --> 39:35.640]  What do you think?
[39:35.640 --> 39:37.640]  I think that's exactly right.
[39:37.640 --> 39:44.640]  Now, last time I mentioned that you could send a QWR and request the MERS MIN and Milestone reports,
[39:44.640 --> 39:57.640]  and the quote for the law is 12 U.S.C. section 2605E.
[39:57.640 --> 39:59.640]  That's a truth and an indicator.
[39:59.640 --> 40:00.640]  Yeah.
[40:00.640 --> 40:02.640]  Well, actually, it's RASPA.
[40:02.640 --> 40:03.640]  Oh, 2605.
[40:03.640 --> 40:04.640]  Oh, I'm sorry.
[40:04.640 --> 40:06.640]  It's 12 U.S.C. 15.
[40:06.640 --> 40:09.640]  2605 goes to servicing.
[40:09.640 --> 40:13.640]  It's codified as 27 CFR to the 605.
[40:13.640 --> 40:14.640]  Yes.
[40:14.640 --> 40:19.640]  Now, they have to acknowledge the correspondence within five days,
[40:19.640 --> 40:24.640]  excluding legal public holidays, Saturdays and Sundays.
[40:24.640 --> 40:28.640]  They have to let you know that they received it.
[40:28.640 --> 40:36.640]  They have to respond to the inquiry and take the action required no later than 30 days,
[40:36.640 --> 40:39.640]  excluding public holidays, Saturdays or Sundays.
[40:39.640 --> 40:46.640]  Now, I'm paraphrasing, but this is what it is, and that's still the same one, 12 U.S.C. 2605E.
[40:46.640 --> 40:52.640]  Now, you can ask for the information requested by the borrower and explanation
[40:52.640 --> 40:57.640]  of why the information requested is unavailable or cannot be obtained by the servicer.
[40:57.640 --> 41:00.640]  That's what they have to send you.
[41:00.640 --> 41:03.640]  The information you request.
[41:03.640 --> 41:13.640]  You can ask for the min milestone and you can ask for a copy of the note as it appears today.
[41:13.640 --> 41:15.640]  Oh, this is wonderful.
[41:15.640 --> 41:19.640]  This is exactly the kind of information we're trying to put together.
[41:19.640 --> 41:23.640]  Have you emailed that to me in writing so I can...
[41:23.640 --> 41:27.640]  Actually, I'll email you all my court cases.
[41:27.640 --> 41:29.640]  This is the points and authorities.
[41:29.640 --> 41:32.640]  This is right on top, because that's one of the reasons I'm suing.
[41:32.640 --> 41:36.640]  When I sent to my lender, they lied.
[41:36.640 --> 41:38.640]  I asked them if the loan had ever been transferred.
[41:38.640 --> 41:40.640]  They said no.
[41:40.640 --> 41:43.640]  I asked if it was in security.
[41:43.640 --> 41:45.640]  They said no.
[41:45.640 --> 41:49.640]  And I asked them in a different way and they refused to answer.
[41:49.640 --> 41:54.640]  And four times they lied to me in one QWR.
[41:54.640 --> 41:57.640]  The second one I sent, they did it again.
[41:57.640 --> 42:01.640]  And firstly, they didn't acknowledge my correspondence
[42:01.640 --> 42:05.640]  and they didn't do it within the 60 days.
[42:05.640 --> 42:07.640]  So I got them on both counts.
[42:07.640 --> 42:10.640]  And right now, that was $1,000 back then.
[42:10.640 --> 42:15.640]  It's up to $2,000 per incident, per charge.
[42:15.640 --> 42:19.640]  If they didn't acknowledge it in five days, that's two grand.
[42:19.640 --> 42:24.640]  If they didn't answer what you wanted, that's another two grand.
[42:24.640 --> 42:32.640]  Oh, this is wonderful, because I have a questionnaire that goes to a lot of things that we can make accusations for.
[42:32.640 --> 42:34.640]  Right.
[42:34.640 --> 42:39.640]  But you only have one year after each QWR to file it.
[42:39.640 --> 42:41.640]  That's a one-year statute of limitations on that.
[42:41.640 --> 42:44.640]  So if you're going to sue them, you've got to do it right away.
[42:44.640 --> 42:50.640]  Yeah, well, we're setting them up to sue them almost immediately.
[42:50.640 --> 43:03.640]  But a lot of what we're doing, preliminary things we're doing are for the purpose of getting the lender positioned the way we want them when we bring them into court.
[43:03.640 --> 43:08.640]  And court says, this is like playing chess.
[43:08.640 --> 43:09.640]  Right.
[43:09.640 --> 43:27.640]  Now, the specified written request for purposes of this subsection shall be written correspondence other than a notice on a payment coupon or payment medium supplied by the servicer that includes or otherwise enables the servicer to identify the name and account of the borrower
[43:27.640 --> 43:39.640]  and includes the statement of reasons for belief that the borrower, to the extent applicable, that the account is in error or provides sufficient details of the servicer regarding other information that is sought by the borrower.
[43:39.640 --> 43:41.640]  Okay, hang on a bit.
[43:41.640 --> 43:44.640]  We will pick you up when we come back on the other side.
[43:44.640 --> 43:47.640]  This is Randy Kelton, Debbie Stevens, Andy Craig.
[43:47.640 --> 43:48.640]  We have our radio.
[43:48.640 --> 43:49.640]  Mark, I see you there.
[43:49.640 --> 43:52.640]  We will get to you when we finish with Leslie.
[43:52.640 --> 43:58.640]  Our calling number 512-646-1984, the call lines are open.
[43:58.640 --> 44:27.640]  We'll be right back.
[44:28.640 --> 44:56.640]  We'll be right back.
[44:56.640 --> 45:00.640]  For more information, go to okcfoundandtruth.com.
[45:26.640 --> 45:28.640]  And now you can too.
[45:28.640 --> 45:34.640]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:34.640 --> 45:43.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about the principles and practices that control our American courts.
[45:43.640 --> 45:52.640]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases, prosa tactics, and much more.
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[45:56.640 --> 46:25.640]  Our call toll-free 866-LAW-EZ.
[46:25.640 --> 46:26.640]  Okay.
[46:26.640 --> 46:27.640]  We're back.
[46:27.640 --> 46:29.640]  Randy Kelton, Debbie Stevens, and Craig.
[46:29.640 --> 46:31.640]  We have our radio.
[46:31.640 --> 46:36.640]  We're talking to Leslie in Pennsylvania.
[46:36.640 --> 46:46.640]  Leslie, can you kind of give us an overview of how we should pursue setting up the lender?
[46:46.640 --> 46:55.640]  What should we take to bring this to the courthouse door?
[46:55.640 --> 46:56.640]  All right.
[46:56.640 --> 46:58.640]  You can keep it very simple.
[46:58.640 --> 47:03.640]  You can ask, most specifically, ask if it's ever been transferred.
[47:03.640 --> 47:05.640]  Ask if it's been securitized.
[47:05.640 --> 47:15.640]  Ask for a copy of the Men's Summer in Milestone Report and a copy of the note as it is today.
[47:15.640 --> 47:17.640]  Not the one that's in the file.
[47:17.640 --> 47:22.640]  You want one as it is today with all the launches and stuff.
[47:22.640 --> 47:26.640]  When they send it to you, what do you do next?
[47:26.640 --> 47:36.640]  And if they don't, like I said, if they don't send it and acknowledgment in five days, if they don't send the answer within 30 days, then you hit them.
[47:36.640 --> 47:41.640]  You know, you write that down and get ready.
[47:41.640 --> 47:44.640]  When they do answer you, if there is a new creditor,
[47:44.640 --> 47:51.640]  if there's been any change, they have a new law, well, a different law that people just don't know about.
[47:51.640 --> 48:02.640]  Under the Truth and Lending Act, 15 USC 1641, there's a liability of the assigning.
[48:02.640 --> 48:11.640]  That means if they were assigned your loan and for some reason did not tell you, you know, if they got your note
[48:11.640 --> 48:19.640]  and they did not tell you they were the new creditor, they have to do that within 30 days.
[48:19.640 --> 48:26.640]  They must tell you that they are who they are, their identity, their address and phone number,
[48:26.640 --> 48:33.640]  the date of the transfer, how to reach an agent or party having authority to act on behalf of the new creditor,
[48:33.640 --> 48:42.640]  the location and place where a transfer of ownership is the debt is recorded and any other relevant information regarding the new creditor.
[48:42.640 --> 48:49.640]  In 2605, there's a whole list of things that they have to do.
[48:49.640 --> 48:51.640]  Not for the assigning, not for the servicer.
[48:51.640 --> 48:54.640]  This is for the actual creditor, the lender.
[48:54.640 --> 49:04.640]  It has to notify you in 30 days, guess what, under Regulation Z, there's a similar, very similar requirement.
[49:04.640 --> 49:18.640]  Would you believe that the damages for failure to do this in 30 days is twice the amount of the finance charges in connection with the transaction?
[49:18.640 --> 49:20.640]  Okay, wait a minute, hold on.
[49:20.640 --> 49:22.640]  What does that mean?
[49:22.640 --> 49:26.640]  Finance charges in connection with the transaction.
[49:26.640 --> 49:55.640]  1440A, individual or cash action for damages of amount of award and factors determining amount of award except as otherwise provided, any creditor who fails to comply with any requirement imposed under this part, including any requirement under 1645, which is the rescission of this title, subject F or G of subsection 1641, which is the requirement I just read you,
[49:55.640 --> 50:10.640]  or part D or E of this subject or with respect to any person is liable to such person in the amount equal to the sum of, in the case of an individual, action twice the amount of the finance charge in connection with the transaction.
[50:10.640 --> 50:15.640]  Okay, does that mean the transaction?
[50:15.640 --> 50:31.640]  Does that mean the finance charges that are charged to you over the life of the note or the finance charges in connection with the change of hold or shift?
[50:31.640 --> 50:36.640]  Or the finance charges that you've paid to date, I don't know.
[50:36.640 --> 50:39.640]  Okay, we have to research that out.
[50:39.640 --> 50:46.640]  15USD 1640A.
[50:46.640 --> 50:50.640]  Okay, this liability, where do you go?
[50:50.640 --> 50:51.640]  Okay, I've got it up.
[50:51.640 --> 50:52.640]  Wonderful.
[50:52.640 --> 50:55.640]  This is interesting stuff.
[50:55.640 --> 50:59.640]  We're going to have to make some adjustments.
[50:59.640 --> 51:05.640]  Okay, we've got some other callers.
[51:05.640 --> 51:10.640]  Julie, are you going to be around? I may want to come back to you later.
[51:10.640 --> 51:20.640]  Well, I was, I came on first because we haven't left for Lanex City yet and we figured we'd do that later because of the traffic and stuff on the way down to the shore.
[51:20.640 --> 51:27.640]  So we figured we'd get this done early and if I'm back, if I'm here, you can come back to me.
[51:27.640 --> 51:29.640]  Okay, thank you.
[51:29.640 --> 51:38.640]  I may come back to this later if we get the opportunity. Well, thank you for your time and the wonderful information.
[51:38.640 --> 51:40.640]  Well, I'm glad you're here.
[51:40.640 --> 51:45.640]  Okay, now we're going to go to Mark in Wisconsin.
[51:45.640 --> 51:48.640]  Thank you very much for taking my call this evening.
[51:48.640 --> 52:04.640]  A little follow-up on yesterday's closing call. I followed your advice, went up a motion to reopen and went down to the courthouse and found out and confirmed that, yes, there was no default judgment ever entered.
[52:04.640 --> 52:14.640]  And so that is why the court was able to have a hearing on a motion that, of course, the motion was to reopen something that didn't need reopening.
[52:14.640 --> 52:23.640]  So now I want to give you an opportunity, Mr. Kelton, to remind us of your grievance site for lawyers.
[52:23.640 --> 52:28.640]  Alrighty, it's bargrevance.net.
[52:28.640 --> 52:35.640]  Alright, because, well, and behold, I'm looking at the many different ways in which I might be able to grieve this particular lawyer.
[52:35.640 --> 52:41.640]  First off is, of course, spending the client's money filing paperwork that didn't need to be filed.
[52:41.640 --> 52:44.640]  I would think that would be a separate grievance.
[52:44.640 --> 52:48.640]  That goes to a term called churning.
[52:48.640 --> 52:59.640]  Okay. Then, of course, not actually reviewing the case to realize that you didn't file. I'm thinking that's some form of professional misconduct.
[52:59.640 --> 53:11.640]  Yes, if you will go to bargrevance.net and go to the complaint form, and down at the bottom of the complaint form, there's a link on the page.
[53:11.640 --> 53:14.640]  Only one place is click here.
[53:14.640 --> 53:22.640]  That will take you to the American Bar Association model standards in questionnaire format.
[53:22.640 --> 53:31.640]  And you can go down through it really quickly. And what you just referenced goes to the very first one.
[53:31.640 --> 53:37.640]  Alright. Now, should I file a separate grievance for each and everything?
[53:37.640 --> 53:42.640]  I'm guessing that would make more sense than try to lump everything together.
[53:42.640 --> 53:50.640]  Everything that comes out of a different action.
[53:50.640 --> 53:57.640]  If you're claiming they did this one thing, you should only file one bar grievance for one thing that they did.
[53:57.640 --> 54:02.640]  Okay. Well, the motion is just the one thing.
[54:02.640 --> 54:03.640]  Yes.
[54:03.640 --> 54:22.640]  Okay. Alright. I'd also sent you an email and copied both Deborah and Eddie trying to figure out how to get past this third-party subpoena.
[54:22.640 --> 54:33.640]  And it appears in Wisconsin with the civil procedure, party to a lawsuit must not only serve an actual subpoena for records on a non-party witness,
[54:33.640 --> 54:37.640]  it appears the only way to get that is to have a judge sign off on it.
[54:37.640 --> 54:43.640]  But I don't know if that's normal for other states or if that's just a special feature.
[54:43.640 --> 54:46.640]  Okay. This is how it works with subpoena.
[54:46.640 --> 54:47.640]  Okay.
[54:47.640 --> 55:00.640]  You get the clerk to issue the subpoena, but the original issuance of the subpoena is not really a demand, but rather a polite request.
[55:00.640 --> 55:11.640]  And the judge will not get involved unless the other party fails to abide by the subpoena or objects to it.
[55:11.640 --> 55:19.640]  In which case the court will issue an order and then the subpoena will have the backing of the court.
[55:19.640 --> 55:26.640]  Okay. Well, then they may not be issuing things since we haven't even gotten out of the first set of pleadings yet.
[55:26.640 --> 55:29.640]  Let me be why they're stopping me.
[55:29.640 --> 55:34.640]  Yes. They don't want any discovery until they get past the Rule 12.
[55:34.640 --> 55:35.640]  Okay.
[55:35.640 --> 55:49.640]  If there's a motion to dismiss in, they're saying that it would be inappropriate to force the party to produce, go to the cost and trouble of producing discovery if there isn't a claim to start with.
[55:49.640 --> 55:51.640]  Okay.
[55:51.640 --> 55:54.640]  Then the last little bit.
[55:54.640 --> 55:56.640]  Oops.
[55:56.640 --> 55:58.640]  Hold on just a second.
[55:58.640 --> 55:59.640]  There.
[55:59.640 --> 56:02.640]  Sorry for about that.
[56:02.640 --> 56:13.640]  Now, the reason that you put your address as the plaintiff or defendant is it is a location where you can be reached, either physically or by mail, correct?
[56:13.640 --> 56:14.640]  Correct.
[56:14.640 --> 56:32.640]  All right. In this particular case, the defendant had put in a postal change order that has long since expired. So any mail sent to him has been bouncing as undeliverable forwarding order expired.
[56:32.640 --> 56:36.640]  Did he file a change of address?
[56:36.640 --> 56:50.640]  In his court documents, he's listing that physical location with that. The change of any of the change of address stuff, unfortunately, is hidden behind the protective custody of the postal service.
[56:50.640 --> 56:52.640]  It is not a record.
[56:52.640 --> 56:53.640]  No, no, no.
[56:53.640 --> 56:59.640]  He must file a change of address with the court.
[56:59.640 --> 57:06.640]  His latest pleading uses the exact same address where the mail is bouncing, and I don't have one.
[57:06.640 --> 57:07.640]  Bundaboss.
[57:07.640 --> 57:11.640]  That gives subar grievance and a motion for sanctions.
[57:11.640 --> 57:15.640]  Okay. Okay. Motion for sanctions. Beautiful.
[57:15.640 --> 57:24.640]  This particular attorney may or may not have actually been the alleged attorney that he claimed he had 15, 20 days ago.
[57:24.640 --> 57:31.640]  But I'm guessing on any of my paperwork, I could claim that this is the attorney he was talking about.
[57:31.640 --> 57:45.640]  Wait a minute. There are provisions for that. If an attorney is an attorney of record, there must be a notice in the court record that the attorney is representing the client.
[57:45.640 --> 57:54.640]  His only representation that he had attorney was his mouth moving, words escaping and making noise where he said, I have an attorney.
[57:54.640 --> 57:58.640]  But no attorney of record actually was ever entered.
[57:58.640 --> 58:07.640]  Then there is no, you need to move to disqualify the lawyer and move to strike all his pleadings.
[58:07.640 --> 58:13.640]  And if one of those pleadings was the Rule 12, then you go back for default judgment.
[58:13.640 --> 58:19.640]  Okay. We'll talk about this on the other side. This gets interesting.
[58:19.640 --> 58:30.640]  When they start getting careless in the way they screw around and you catch them, it can get real ugly for the lawyer.
[58:30.640 --> 58:33.640]  This is Randy Kelton, never Steven Teddy Craig.
[58:33.640 --> 58:43.640]  We'll have our radio. We'll go into our top of the hour break. When we come back, we'll be going to Marking, Wisconsin.
[58:43.640 --> 58:48.640]  If you're out there and you have some questions, this is our four hour info marathon.
[58:48.640 --> 59:00.640]  Our call in number 512-646-1984. Give us a call. We'll be right back. Go on the other side.
[59:00.640 --> 59:04.640]  Would you like to make more definite progress in your walk with God?
[59:04.640 --> 59:11.640]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:23.640 --> 59:31.640]  The free books are a three volume set called Basic Elements of the Christian Life. Chapter by chapter, Basic Elements of the Christian Life,
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[59:37.640 --> 59:50.640]  To order your free New Testament recovery version and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
[59:50.640 --> 59:59.640]  That's 888-551-0102. Or visit us online at bfa.org.
[59:59.640 --> 01:00:04.640]  This news brief brought to you by the International Newsnet.
[01:00:04.640 --> 01:00:14.640]  U.S. military prosecutors claim Thursday private Bradley Manning aided Al Qaeda in the Arabian Peninsula by leaking troves of classified information to WikiLeaks.
[01:00:14.640 --> 01:00:24.640]  However, military prosecutors Ashton Fine refuse to say exactly how Manning aided Al Qaeda, saying the State Department has not completed its damage assessment.
[01:00:24.640 --> 01:00:33.640]  Emails revealed by the UK Guardian this week show Syrian President Bashar al-Assad and his ruling circle were blasé about the uprising.
[01:00:33.640 --> 01:00:45.640]  The Guardian's website was blocked in much of Syria Thursday, and the Pan-Arab satellite channel, Ari-Arabia, which also obtained the leaked emails reported significant interference with its transmission.
[01:00:45.640 --> 01:00:50.640]  The UN estimates 8,000 Syrians have died since the uprising began a year ago.
[01:00:50.640 --> 01:01:08.640]  The UK Guardian Friday disclosed emails from the British Syrian Society's co-chair Dr. Farwas Akras by Bashar al-Assad's father-in-law, in which he offers advice on how the regime should spin its suppression of the uprising, which has caused the deaths of at least 8,000 people.
[01:01:08.640 --> 01:01:31.640]  Bain Capital, the private equity firm founded by presidential candidate Mitt Romney, is selling high-tech surveillance equipment to China. In December, a Bain-run fund in which a Romney family blind trust has holdings purchased the video surveillance division of a Chinese company that claims to be the largest supplier to the government's safe cities program,
[01:01:31.640 --> 01:01:40.640]  an advanced monitoring system that enables the authorities to watch over university campuses, hospitals, mosques and movie theaters.
[01:01:40.640 --> 01:01:50.640]  The company Uniview Technologies produces infrared anti-riot cameras and software that enable police and different jurisdictions to share images through the Internet.
[01:01:50.640 --> 01:02:02.640]  Previous projects have included an emergency command center in Tibet that, quote, provides a solid foundation for the maintenance of social stability and the protection of people's peaceful lives.
[01:02:02.640 --> 01:02:26.640]  The main contractor that ran the scandal-plagued city-time payroll project for New York City will pay over $500 million to resolve a federal criminal investigation. The contractor, Science Applications International, agreed to pay the city restitution of $370 million plus $130 million penalty for its role.
[01:02:26.640 --> 01:02:35.640]  And what the U.S. attorney, Peter Barrara, called, quote, one of the largest and most brazen frauds ever committed against the city of New York.
[01:02:35.640 --> 01:02:45.640]  The project, designed to electronically keep tabs on city employees, began over a decade ago under Mayor Rudolph Giuliani and was budgeted at $63 million,
[01:02:45.640 --> 01:02:59.640]  but it mushroomed during Mayor Michael Bloomberg's tenure as Science International paid huge salaries to hundreds of outside consultants awarding bogus contracts. Taxpayers ended up paying $740 million.
[01:03:15.640 --> 01:03:26.640]  It's all according to the will of the Almighty.
[01:03:26.640 --> 01:03:34.640]  I read his book and it says, cares come for the unsightly.
[01:03:34.640 --> 01:03:45.640]  Okay, we're back. We're talking to Mark in Wisconsin. Okay, Mark, where were we?
[01:03:45.640 --> 01:03:59.640]  We were on the forwarding order that's at his address. This gentleman has a history of attempting to dodge service and avoid legal matters by making you jump through hoops.
[01:03:59.640 --> 01:04:16.640]  The interest, hold on, stop right there. I'm not sure what the law is in Wisconsin, but in taxes, if you can demonstrate an active attempt to avoid service, that's felony.
[01:04:16.640 --> 01:04:22.640]  That could be the case here. I will have to look into that. Thank you for that tip.
[01:04:22.640 --> 01:04:29.640]  The address his lawyer listed is the same one that I have a piece of mail in front of me right now.
[01:04:29.640 --> 01:04:36.640]  Return to sender forward order expired and it is the address where he is living.
[01:04:36.640 --> 01:04:45.640]  What I believe happened is he moved into this new location, put a forwarding address with a short period of time to expire.
[01:04:45.640 --> 01:04:54.640]  And so it's expired and of course any mail that hits a forwarding address expired comes right back and it's got the yellow tag from the post office.
[01:04:54.640 --> 01:04:59.640]  Return to sender unable to forward unable to forward return to sender.
[01:04:59.640 --> 01:05:09.640]  Okay, you need to look at the requirement to file a change of address with the court. There is going to be one.
[01:05:09.640 --> 01:05:19.640]  And he's violated that, but you can also make the claim that he has violated that in order to avoid service.
[01:05:19.640 --> 01:05:22.640]  And that is absolutely going to be a crime.
[01:05:22.640 --> 01:05:23.640]  Okay.
[01:05:23.640 --> 01:05:35.640]  And then you take your debts down to the grand jury with that one or to the district attorney and you do the little tap dance on the district attorney when he refuses to prosecute.
[01:05:35.640 --> 01:05:40.640]  And you kind of run the routine on him and get a lot of politics going.
[01:05:40.640 --> 01:05:51.640]  Oh, I'm looking forward to the politics and in a slightly different case, and this one I'm sure would get Miss Stevens excited.
[01:05:51.640 --> 01:06:04.640]  The city to, and I quote, get my attention, unquote, slapped a condemnation notice on my property and then removed it in 24 hours after they got my attention.
[01:06:04.640 --> 01:06:06.640]  Ooh.
[01:06:06.640 --> 01:06:08.640]  But that's a separate fight.
[01:06:08.640 --> 01:06:17.640]  We have a statue here in Texas that goes to simulating a legal process.
[01:06:17.640 --> 01:06:22.640]  Nothing's precisely what that sounds like.
[01:06:22.640 --> 01:06:35.640]  Yeah. But that's a separate fight for another day for me. I believe I have 120 days to file paperwork with a notice on that and 120 days is coming up.
[01:06:35.640 --> 01:06:48.640]  So I've got to look at the Wisconsin Statutes to the 800 series to confirm the 120 days and make sure I dot my eyes across my keys on that one.
[01:06:48.640 --> 01:06:54.640]  But, well, that's very interesting that he might be involved with a felony on attempting to dodge service.
[01:06:54.640 --> 01:07:05.640]  These corporations that he's working under have are registered in an address where he's no longer at and has explicitly listed no agent.
[01:07:05.640 --> 01:07:11.640]  So, of course, for LLC, you have to have an address and an agent.
[01:07:11.640 --> 01:07:14.640]  And the state hasn't seen this.
[01:07:14.640 --> 01:07:18.640]  So you have another issue you can go after him for.
[01:07:18.640 --> 01:07:24.640]  Oh, this, like I said, this guy is a real piece of work.
[01:07:24.640 --> 01:07:29.640]  So you may help him out. You may help him get all his affairs straightened out.
[01:07:29.640 --> 01:07:32.640]  I would hope so. I would hope so.
[01:07:32.640 --> 01:07:34.640]  From a jail cell.
[01:07:34.640 --> 01:07:53.640]  He's already done jail time. He's appeared in the Court of Appeals records twice. One of them is where he attempted, he agreed to seven misdemeanors on taking over $2,000 worth of state sales tax.
[01:07:53.640 --> 01:08:03.640]  And he said, oh, I didn't know that it was illegal to take the state's sales tax and not pay the state that money.
[01:08:03.640 --> 01:08:06.640]  Oh, and he's learned counsel.
[01:08:06.640 --> 01:08:09.640]  No, no, he's one of the defendants.
[01:08:09.640 --> 01:08:11.640]  Oh, one of the defendants. Okay.
[01:08:11.640 --> 01:08:12.640]  Yeah, yeah.
[01:08:12.640 --> 01:08:17.640]  Learned counsel graduated Sum Laody in 2011.
[01:08:17.640 --> 01:08:21.640]  So I guess I get to know the people he comes from.
[01:08:21.640 --> 01:08:24.640]  Is learned counsel the one with no address?
[01:08:24.640 --> 01:08:31.640]  Learned counsel does have an address, works for one of the top 10 largest firms in the state.
[01:08:31.640 --> 01:08:34.640]  The defendant is the one with no address.
[01:08:34.640 --> 01:08:40.640]  Does learned counsel have a notice in the court that he is representing the client?
[01:08:40.640 --> 01:08:46.640]  The closest it comes to a notice is he filed a motion.
[01:08:46.640 --> 01:08:51.640]  That's not good enough. So I would hang on to that for the moment.
[01:08:51.640 --> 01:08:52.640]  Okay.
[01:08:52.640 --> 01:09:08.640]  Get all your homework in place and make sure that you have the same requirements that the Fed and most every other state has, is if a lawyer is representing a client, he must file a notice of that with the court.
[01:09:08.640 --> 01:09:09.640]  I will have to check.
[01:09:09.640 --> 01:09:11.640]  I'll see if he's done that.
[01:09:11.640 --> 01:09:17.640]  Otherwise, all of his filings are void.
[01:09:17.640 --> 01:09:20.640]  They're not voidable. They are void.
[01:09:20.640 --> 01:09:21.640]  Okay.
[01:09:21.640 --> 01:09:32.640]  If he has filed an answer for his client, then the answer is stricken and the client is without an answer.
[01:09:32.640 --> 01:09:35.640]  Okay.
[01:09:35.640 --> 01:09:37.640]  That should be fun.
[01:09:37.640 --> 01:09:45.640]  Oh, yes, because I'm guessing the partners won't be real amused with that.
[01:09:45.640 --> 01:09:49.640]  Well, he's young. He's got some learning to do.
[01:09:49.640 --> 01:09:59.640]  And no better, no better time to be talked at it with no nothing pro say in small claims court.
[01:09:59.640 --> 01:10:15.640]  That's the best part. Who's it? Mike Maras says he talks about an attorney who made a deal and wanted to deal seals because he didn't want to see it in the paper the next day that that they pro say beach bomb beat this attorney.
[01:10:15.640 --> 01:10:17.640]  Yeah.
[01:10:17.640 --> 01:10:20.640]  Okay. Do you have any other questions or comments for us?
[01:10:20.640 --> 01:10:33.640]  No, no, I believe you've given me plenty more rabbit trails to spend my time jumping down and as a come up with other things, I'll make sure I call.
[01:10:33.640 --> 01:10:36.640]  Thank you very much for your time this evening, sir.
[01:10:36.640 --> 01:10:39.640]  You are welcome and have fun.
[01:10:39.640 --> 01:10:40.640]  Okay.
[01:10:40.640 --> 01:10:44.640]  Now we're going to go to Ryan in Texas.
[01:10:44.640 --> 01:10:50.640]  Ryan, I understand you have a real real estate question.
[01:10:50.640 --> 01:10:54.640]  I couldn't find anything illiterate to go with real estate.
[01:10:54.640 --> 01:10:59.640]  It's real real estate questions. That's right. How are you doing this evening, Randy?
[01:10:59.640 --> 01:11:01.640]  I am doing good.
[01:11:01.640 --> 01:11:12.640]  Good. Well, we were able, I think when I called in last week about the eviction, indeed, there is some type of a jury hearing.
[01:11:12.640 --> 01:11:22.640]  We chose not to do that and apparently the judge and the landowner are rather friendly, according to my wife's observations.
[01:11:22.640 --> 01:11:27.640]  And my wife said that to appeal the eviction hearing.
[01:11:27.640 --> 01:11:31.640]  Okay, wait, wait, stop, stop.
[01:11:31.640 --> 01:11:36.640]  Bring us back up to speed for those who weren't here last time.
[01:11:36.640 --> 01:11:43.640]  Right. We had found a place that was for sale on the local Craigslist.
[01:11:43.640 --> 01:11:51.640]  The woman who owned it had it for sale. We moved into the place, began doing repairs.
[01:11:51.640 --> 01:11:57.640]  She changed her mind and decided not to sell it because she thinks she can get more money and rent for it.
[01:11:57.640 --> 01:12:06.640]  And is since kicking us out because we were unable to pay rent due to medical circumstances and jobs and so on.
[01:12:06.640 --> 01:12:14.640]  And so at this point, she thinks that the repairs we've done have brought the property, which is still without a doubt substandard.
[01:12:14.640 --> 01:12:21.640]  So upon our move out, we're going to have the county inspector come and look at it and tell her what she needs to do to fix it.
[01:12:21.640 --> 01:12:28.640]  If she needs to do anything to the property, I'm going to leave it as is with the repairs that I've done.
[01:12:28.640 --> 01:12:32.640]  And so she reneged on the verbal contract that we had.
[01:12:32.640 --> 01:12:37.640]  So what action have you taken?
[01:12:37.640 --> 01:12:45.640]  I have been working to make money and I put it in my wife's hands and suggested she would go to court and try and handle this
[01:12:45.640 --> 01:12:52.640]  and claim our situation to the judge to try and at least get a fair amount of time to move out.
[01:12:52.640 --> 01:13:00.640]  Two weeks is not a fair amount of time, you know, at this point for us.
[01:13:00.640 --> 01:13:05.640]  Did you file a counterclaim against the property owner?
[01:13:05.640 --> 01:13:07.640]  No, I did not.
[01:13:07.640 --> 01:13:19.640]  You might want to consider filing a counterclaim against the property owner to recoup the costs of the repairs and upgrades that you made.
[01:13:19.640 --> 01:13:21.640]  Okay.
[01:13:21.640 --> 01:13:31.640]  Because if you went into an agreement and she reneged on the agreement, then she's subject to these costs.
[01:13:31.640 --> 01:13:38.640]  Right, and I do have all the receipts for the materials I have installed.
[01:13:38.640 --> 01:13:45.640]  All of the materials goes to a material man's lien. All the labor goes to a mechanic's lien.
[01:13:45.640 --> 01:13:49.640]  Even if I have no written contract without her signature, I can still do that.
[01:13:49.640 --> 01:13:51.640]  Yeah.
[01:13:51.640 --> 01:13:53.640]  Okay.
[01:13:53.640 --> 01:13:57.640]  Is she claiming that there was no agreement?
[01:13:57.640 --> 01:13:59.640]  That's correct.
[01:13:59.640 --> 01:14:02.640]  I agreed to rent it to you as is.
[01:14:02.640 --> 01:14:07.640]  And that's all she put in the lease. It was as is.
[01:14:07.640 --> 01:14:13.640]  So we did pictures initially with all the plumbing leaks and with the electrical being ripped out of it.
[01:14:13.640 --> 01:14:20.640]  I've reinstalled all the electrical equipment, refed the home between the meter pole and the house.
[01:14:20.640 --> 01:14:24.640]  That was totally destroyed and ripped out. Copper thieves had gotten it.
[01:14:24.640 --> 01:14:29.640]  We did plumbing work, put in a new front door, put a screen door on the front door.
[01:14:29.640 --> 01:14:31.640]  Okay.
[01:14:31.640 --> 01:14:38.640]  You might make the claim. You might get a shot at getting it.
[01:14:38.640 --> 01:14:43.640]  But if you don't have a written contract, that's going to be difficult.
[01:14:43.640 --> 01:14:46.640]  Right, right. And that's kind of why I've been hesitant.
[01:14:46.640 --> 01:14:52.640]  I mean, out here, you know, Bastrop County, I think charges $16 to file a lien.
[01:14:52.640 --> 01:14:59.640]  But when I began doing my research on that lien, it said, well, you know, you kind of, you may have receipts.
[01:14:59.640 --> 01:15:08.640]  And the receipts help show that, yes, there were things purchased for this property, but it's hard to, you know, because of my work being in construction.
[01:15:08.640 --> 01:15:16.640]  They could say, well, you know, it doesn't have an address and then the invoices are not signed by her for the material.
[01:15:16.640 --> 01:15:22.640]  They don't have anything that actually has this address on the receipt.
[01:15:22.640 --> 01:15:26.640]  Yeah, you do have a problem in making a claim.
[01:15:26.640 --> 01:15:28.640]  Okay.
[01:15:28.640 --> 01:15:34.640]  I wish it was easier and I had an easier answer.
[01:15:34.640 --> 01:15:39.640]  But next time you'll know to get something in writing.
[01:15:39.640 --> 01:15:43.640]  Or at least get it recorded.
[01:15:43.640 --> 01:15:51.640]  On to the next part of this, the judge told my wife that there's a $3,500 appeal fee.
[01:15:51.640 --> 01:15:55.640]  Those are the court costs to appeal this eviction in her court.
[01:15:55.640 --> 01:15:59.640]  This little JP out here that's probably been in the same spot for 20 years.
[01:15:59.640 --> 01:16:04.640]  How is that legal?
[01:16:04.640 --> 01:16:20.640]  There's a bond that you have to post and in eviction matters, the bond is for the purpose of protecting the property owner for the time in which it takes to get the appeal done.
[01:16:20.640 --> 01:16:22.640]  I see.
[01:16:22.640 --> 01:16:25.640]  It's not technically not unreasonable.
[01:16:25.640 --> 01:16:33.640]  If you rented out a property and somebody refused to pay and then they fought eviction, you know, you're gonna lose a lot of money.
[01:16:33.640 --> 01:16:34.640]  You get them out.
[01:16:34.640 --> 01:16:37.640]  So these are in there for that purpose.
[01:16:37.640 --> 01:16:38.640]  Right.
[01:16:38.640 --> 01:16:39.640]  All right.
[01:16:39.640 --> 01:16:40.640]  Well, here's the verdict.
[01:16:40.640 --> 01:16:42.640]  So we'll catch this again.
[01:16:42.640 --> 01:16:43.640]  Okay.
[01:16:43.640 --> 01:16:44.640]  Okay.
[01:16:44.640 --> 01:16:45.640]  Thank you.
[01:16:45.640 --> 01:16:46.640]  This is Randy Kelton.
[01:16:46.640 --> 01:16:47.640]  David Stevens.
[01:16:47.640 --> 01:16:49.640]  The Louisville Radeo phone lines are open.
[01:16:49.640 --> 01:16:53.640]  614-512-646-1984.
[01:16:53.640 --> 01:17:00.640]  We'll be right back on the other side.
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[01:19:20.640 --> 01:19:25.640]  Okay, we're back. Randy Kelton, Debbie Stiggan, Eddie Craig, we were on the radio.
[01:19:25.640 --> 01:19:34.640]  And the call boards were empty, so give us a call, 512-646-1984.
[01:19:34.640 --> 01:19:38.640]  While we're waiting, there is something that I wanted to talk about.
[01:19:38.640 --> 01:19:48.640]  I had a call a few days ago from someone who was in a legal confrontation
[01:19:48.640 --> 01:20:00.640]  and was very upset at the courts and the prosecutors and wanted to do something, was in the process of fighting them.
[01:20:00.640 --> 01:20:07.640]  And as I listened to him, it became clear that he was acting from his anger,
[01:20:07.640 --> 01:20:15.640]  that he had expectations of the legal system that were unrealistic.
[01:20:15.640 --> 01:20:20.640]  You know, I've been researching the legal system for quite a while.
[01:20:20.640 --> 01:20:32.640]  And as I look at it more, I'm less upset with it as it is what we have created.
[01:20:32.640 --> 01:20:43.640]  These public officials that are, for the most part, corrupt, they're corrupt because we've allowed them to become corrupt.
[01:20:43.640 --> 01:20:51.640]  All of the checks and balances that we need are there, but we're not legal professionals.
[01:20:51.640 --> 01:20:59.640]  So even if we know what they are, we still don't really understand how to exercise them.
[01:20:59.640 --> 01:21:08.640]  So I'm going to talk about the politics of criminal justice.
[01:21:08.640 --> 01:21:16.640]  We have, we learn in school about how things are supposed to be.
[01:21:16.640 --> 01:21:22.640]  But for the most part in school, they never really go to how things really are.
[01:21:22.640 --> 01:21:31.640]  And we can study the laws and the legal prescriptions and find out precisely what these public officials are supposed to do
[01:21:31.640 --> 01:21:33.640]  and what they're not supposed to do.
[01:21:33.640 --> 01:21:36.640]  I spent 30 years doing that.
[01:21:36.640 --> 01:21:46.640]  But figuring out what was wrong and learning what the law was and what the procedures were didn't fix things.
[01:21:46.640 --> 01:21:53.640]  I've had a lot of people say, especially attorneys will say, if you go in with the law, you get remedy.
[01:21:53.640 --> 01:21:58.640]  Well, that is simply not true.
[01:21:58.640 --> 01:22:04.640]  The only way you're going to get remedy is if you go in with the politics.
[01:22:04.640 --> 01:22:14.640]  You will not win your case because you have the law and the facts on your side.
[01:22:14.640 --> 01:22:20.640]  Now, you may win your case and you may have the law and the facts on your side.
[01:22:20.640 --> 01:22:25.640]  But if you win your case, that is not the reason.
[01:22:25.640 --> 01:22:30.640]  You win your case if you have the politics on your side.
[01:22:30.640 --> 01:22:36.640]  And I realize a lot of people will find that concept offensive.
[01:22:36.640 --> 01:22:40.640]  That these public officials should do the right thing.
[01:22:40.640 --> 01:22:42.640]  Yes, they should.
[01:22:42.640 --> 01:22:45.640]  And the law ought to be followed.
[01:22:45.640 --> 01:22:48.640]  Yes, it ought to be followed.
[01:22:48.640 --> 01:22:51.640]  But in the real world I live in.
[01:22:51.640 --> 01:22:54.640]  This is how it works.
[01:22:54.640 --> 01:23:03.640]  I had some really excellent tapes on this subject by a man named Jim Rowan.
[01:23:03.640 --> 01:23:09.640]  The tapes were called Ideas to Change Your Life from Average to Fortune.
[01:23:09.640 --> 01:23:17.640]  And one of the things he talked about, he said, does this big humongous thing, it rises up in the sky, it hangs there a while, boom, crashes to the ground.
[01:23:17.640 --> 01:23:19.640]  Ground shakes from miles away.
[01:23:19.640 --> 01:23:25.640]  Now, you might say that's a stupid idea, and you have right to your opinion.
[01:23:25.640 --> 01:23:29.640]  But first, get out from under it.
[01:23:29.640 --> 01:23:36.640]  When you get smashed, find out how things work and do them that way.
[01:23:36.640 --> 01:23:40.640]  If you don't think things work right, do whatever you can to change it.
[01:23:40.640 --> 01:23:43.640]  But in the meantime, don't think things work right.
[01:23:43.640 --> 01:23:49.640]  If you don't think things work right, do whatever you can to change it.
[01:23:49.640 --> 01:23:54.640]  But in the meantime, let's figure out how it really works.
[01:23:54.640 --> 01:24:08.640]  And I will suggest to you that once you understand how it really works, you will find a lot more remedy available to you.
[01:24:08.640 --> 01:24:22.640]  And the police, I don't know a single police officer who went into police works, although he could be a jackbooted bug.
[01:24:22.640 --> 01:24:27.640]  At least I've never had a police officer say that to me.
[01:24:27.640 --> 01:24:35.640]  They always tend to get into police work because they want to do the right thing, they want to help people.
[01:24:35.640 --> 01:24:48.640]  And they find themselves immersed in a corrupt system, a culture of corruption that they did not create.
[01:24:48.640 --> 01:24:54.640]  Corruption which they are not in a position to fight against or change.
[01:24:54.640 --> 01:25:02.640]  Most I know are as frustrated with the system as you and I, but they don't know how to fix it.
[01:25:02.640 --> 01:25:13.640]  And several policemen come to me to see if I could do something to get rid of an officer that was embarrassing the whole department.
[01:25:13.640 --> 01:25:19.640]  Most attorneys get into legal work for the same reason.
[01:25:19.640 --> 01:25:23.640]  They spend four, six, eight years in college.
[01:25:23.640 --> 01:25:31.640]  They incur this tremendous debt in student loans.
[01:25:31.640 --> 01:25:40.640]  And then they get out of law school and find out it's not anything like they would lead to believe it was.
[01:25:40.640 --> 01:25:55.640]  I don't know of a single attorney who went to law school so that he could spend the rest of his professional career kissing some arrogant judges behinds.
[01:25:55.640 --> 01:26:04.640]  And, you know, I once sued Denton County for $11 million. I sued 26 public officials.
[01:26:04.640 --> 01:26:12.640]  I talked to 60 attorneys and every one of them said essentially the same thing.
[01:26:12.640 --> 01:26:20.640]  The last attorney I talked to was the previous district attorney in Denton County.
[01:26:20.640 --> 01:26:29.640]  The one I sued was, I'm sorry, the one I talked to was named Jerry Cobb.
[01:26:29.640 --> 01:26:33.640]  I forgot the name of the one I sued. I'll think every minute.
[01:26:33.640 --> 01:26:46.640]  But I talked to him and told him that I said hello Jerry, my name is Randy Kelton and I have sued Denton County and I need a lawyer to represent me.
[01:26:46.640 --> 01:26:52.640]  You know, Mr. County, I know all about your suit. I can't represent your case.
[01:26:52.640 --> 01:26:58.640]  You made allegations against judges in there and I have to represent clients in this county.
[01:26:58.640 --> 01:27:05.640]  I said, what's the matter Jerry? You afraid those judges will screw your next client to get back at you?
[01:27:05.640 --> 01:27:09.640]  He said essentially what every other attorney did.
[01:27:09.640 --> 01:27:13.640]  You darn right they will.
[01:27:13.640 --> 01:27:22.640]  I don't know if that's true, but I do know that lawyers believe it's true.
[01:27:22.640 --> 01:27:34.640]  It may well be that the judges are not as fickle as they're given the appearance of being.
[01:27:34.640 --> 01:27:42.640]  It may well be that they are true and honest arbitrators of the arbitrage of the law.
[01:27:42.640 --> 01:27:47.640]  The lawyer doesn't necessarily always see that.
[01:27:47.640 --> 01:27:57.640]  I had a friend who was a judge for a while in the family court and he said, he was talking about one issue.
[01:27:57.640 --> 01:28:03.640]  We were talking about an issue where a lawyer went into the courtroom.
[01:28:03.640 --> 01:28:07.640]  He was in a contentious divorce.
[01:28:07.640 --> 01:28:13.640]  The pistol shot the lawyer dead, his wife's lawyer dead, shot the judge dead, dropped the gun.
[01:28:13.640 --> 01:28:17.640]  This is in Fort Worth. This is the reason they put in middle detectives.
[01:28:17.640 --> 01:28:22.640]  And when they found him guilty of murder, he refused to appeal.
[01:28:22.640 --> 01:28:26.640]  He said, they have ruined my life anyway.
[01:28:26.640 --> 01:28:36.640]  But we were talking about this and the judge commented that if I do my job right, nobody's happy.
[01:28:36.640 --> 01:28:40.640]  Everybody comes away feeling mistreated.
[01:28:40.640 --> 01:28:48.640]  So we're unhappy, but there may well be another side to this.
[01:28:48.640 --> 01:29:00.640]  And it may well be that the problem is more that all of these people are stuck inside of a system they don't know how to fix.
[01:29:00.640 --> 01:29:06.640]  Heck, they may all be honest, upright citizens.
[01:29:06.640 --> 01:29:09.640]  Well, maybe not.
[01:29:09.640 --> 01:29:18.640]  I once heard that there's only one really nasty, no good SOB in the world.
[01:29:18.640 --> 01:29:22.640]  He just gets around a lot.
[01:29:22.640 --> 01:29:38.640]  And in law, and in these kinds of systems, it doesn't take many really nasty individuals to take the whole profession.
[01:29:38.640 --> 01:29:40.640]  I'll pick this up on the other side.
[01:29:40.640 --> 01:29:44.640]  This is Randy Kelton, Debussy, David Craig with La Radio.
[01:29:44.640 --> 01:29:49.640]  Our phone lines are open 512-646-1984.
[01:29:49.640 --> 01:30:00.640]  We'll be right back, and I hope you like this part, and I'll be getting to the good part when I get back.
[01:30:00.640 --> 01:30:07.640]  A Noble Lie, Oklahoma City, 1995, will change forever the way you look at the true nature of terrorism.
[01:30:07.640 --> 01:30:11.640]  Based on the damage pattern to the building, but the government seems impossible.
[01:30:11.640 --> 01:30:14.640]  The grand jury did not want to hear anything I had to say.
[01:30:14.640 --> 01:30:18.640]  The decision was made not to pursue any more of those individuals.
[01:30:18.640 --> 01:30:22.640]  Some of these columns were ripped up, shredded, tossed around.
[01:30:22.640 --> 01:30:26.640]  The people that did the things they did knew doggone well what they were doing.
[01:30:26.640 --> 01:30:30.640]  Expose the cover up now at anoblelie.com.
[01:30:30.640 --> 01:30:35.640]  What's the spookiest U.S. government agency?
[01:30:35.640 --> 01:30:41.640]  The National Security Agency tops my list, especially knowing the boatload of data they collect in store.
[01:30:41.640 --> 01:30:45.640]  But Dr. Catherine Albrecht, and I'll tell you more in just a moment.
[01:30:45.640 --> 01:30:50.640]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:50.640 --> 01:30:55.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:55.640 --> 01:31:00.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:31:00.640 --> 01:31:03.640]  Privacy, it's worth hanging on to.
[01:31:03.640 --> 01:31:07.640]  This public service announcement is brought to you by StartPage.com,
[01:31:07.640 --> 01:31:11.640]  the private search engine alternative to Google, Yahoo, and Bing.
[01:31:11.640 --> 01:31:14.640]  Start over with StartPage.
[01:31:14.640 --> 01:31:19.640]  The National Security Agency, or NSA, is best known for its code breaking
[01:31:19.640 --> 01:31:21.640]  and involvement in Operation Echelon.
[01:31:21.640 --> 01:31:26.640]  A lot of mystery surrounds Echelon, but many believe its goal is to intercept phone calls,
[01:31:26.640 --> 01:31:29.640]  emails, and satellite communications worldwide.
[01:31:29.640 --> 01:31:34.640]  Seems unlikely, but Rand Corporation director John Pericini suggested otherwise
[01:31:34.640 --> 01:31:37.640]  in recent news stories about the Bin Laden capture.
[01:31:37.640 --> 01:31:43.640]  He said that every six hours the NSA sucks up a data stream equivalent to the entire library of Congress.
[01:31:43.640 --> 01:31:50.640]  Yahoo! The Library of Congress houses nearly 150 million books on more than 800 miles of shelving.
[01:31:50.640 --> 01:31:53.640]  Now that's a lot of email and phone calls to be monitoring.
[01:31:53.640 --> 01:32:15.640]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:32:24.640 --> 01:32:37.640]  The way it comes with temptations, they're trying to buy the whole place.
[01:32:37.640 --> 01:32:48.640]  They want to poison the nation because they're falling from grace.
[01:32:48.640 --> 01:32:53.640]  Okay, we're back. I'm Randy Kelton, Debussy with Jane Craig.
[01:32:53.640 --> 01:32:56.640]  Here's my radio.
[01:32:56.640 --> 01:33:01.640]  Simon, Carlos, I see you there. I'll get to you in a minute.
[01:33:01.640 --> 01:33:04.640]  There's something I want to finish up.
[01:33:04.640 --> 01:33:14.640]  I know I may sound like a turncoat in speaking to these people as if they are human beings,
[01:33:14.640 --> 01:33:20.640]  but actually I expect they are human beings. Oftentimes they're arrogant.
[01:33:20.640 --> 01:33:25.640]  Oftentimes they're frustrated and bored and angry with the system they didn't create,
[01:33:25.640 --> 01:33:33.640]  but in the end they're human beings and they're subject to the same kinds of pressures you and I are.
[01:33:33.640 --> 01:33:44.640]  And with all of that said about them, I'm going to suggest that we have all the tools we need to change the system.
[01:33:44.640 --> 01:33:50.640]  They've always been there. We just haven't exercised them.
[01:33:50.640 --> 01:33:56.640]  And in everybody's credit, it's difficult to exercise these things.
[01:33:56.640 --> 01:34:03.640]  You have a life to live. These people have a life that involves the legal system. Yours doesn't.
[01:34:03.640 --> 01:34:10.640]  Yours only occasionally involves the legal system, so you shouldn't be expected to be sophisticated in these areas.
[01:34:10.640 --> 01:34:22.640]  And I'm hoping that we can raise your level of sophistication just enough so that you can not only deal with these people,
[01:34:22.640 --> 01:34:33.640]  but also help us change the system and the way we'll change the system and get the rulings that are fair and just and in your favor.
[01:34:33.640 --> 01:34:46.640]  This is by learning how to invoke politics. We need to understand how all of the people in the structure fit together.
[01:34:46.640 --> 01:34:52.640]  And that's why we suggest that one thing is you file bar grievances.
[01:34:52.640 --> 01:34:58.640]  Bar grievance is an excellent way of creating political pressure.
[01:34:58.640 --> 01:35:10.640]  We say you will only win the case if you have the politics on your side and all politics is local.
[01:35:10.640 --> 01:35:15.640]  Now I'm not talking about the politics going on with the election.
[01:35:15.640 --> 01:35:22.640]  I'm talking about office politics, the politics between individuals.
[01:35:22.640 --> 01:35:33.640]  And we as citizens and litigants, we can create a lot of politics, especially as pro-says,
[01:35:33.640 --> 01:35:42.640]  because pro-says have powers and abilities far beyond those of moral attorneys if they simply know what they are.
[01:35:42.640 --> 01:35:47.640]  And one of those tools is bar grievance.
[01:35:47.640 --> 01:35:53.640]  Bar grievance, one of one bar grievance is double the lawyer's malpractice insurance.
[01:35:53.640 --> 01:36:00.640]  Two will get canceled unless it's his first year and it'll get canceled with the first one.
[01:36:00.640 --> 01:36:04.640]  And judicial conduct complains against judges.
[01:36:04.640 --> 01:36:08.640]  As a pro-say, you can do that.
[01:36:08.640 --> 01:36:19.640]  And if you file a judicial conduct complaint against a judge, even if it's not valid, it's going to harm the judge.
[01:36:19.640 --> 01:36:29.640]  Well, you know, life is tough and it's not that I have any animosity toward the judges.
[01:36:29.640 --> 01:36:32.640]  I just understand the position they're in.
[01:36:32.640 --> 01:36:39.640]  They get up there on the bench to hear the same stories over and over and over and over and they get bored with it.
[01:36:39.640 --> 01:36:44.640]  They get tired of hearing people coming, arguing their positions, just go.
[01:36:44.640 --> 01:36:48.640]  Just get this done with. I'm going to go pick off.
[01:36:48.640 --> 01:36:53.640]  Well, I'm going to get his attention.
[01:36:53.640 --> 01:36:57.640]  And no attorney would ever do this to them, so they tend to get arrogant.
[01:36:57.640 --> 01:37:01.640]  They do these kinds of things and get away with it.
[01:37:01.640 --> 01:37:11.640]  Nobody stops him, so the further they're allowed to stray from the rule of law, the further they tend to stray.
[01:37:11.640 --> 01:37:14.640]  So we need to bring them back.
[01:37:14.640 --> 01:37:27.640]  If I sounded like I was arguing in their defense in a way I was, and that's more of an argument for what I'm suggesting doing.
[01:37:27.640 --> 01:37:33.640]  That's even more of an argument as to why you should bargain with them, file judicial conduct complaints.
[01:37:33.640 --> 01:37:40.640]  And as I mentioned to our first caller, criminal complaints.
[01:37:40.640 --> 01:37:48.640]  If a public official violates, it's a crime, just as if you had done it.
[01:37:48.640 --> 01:37:55.640]  And if we're going to stop them from doing this, we need to take criminal action against them now.
[01:37:55.640 --> 01:38:04.640]  If I always want them indicted, well, what I may personally want is really not relevant.
[01:38:04.640 --> 01:38:09.640]  My purpose is not to get them indicted when I file criminal complaints.
[01:38:09.640 --> 01:38:11.640]  That is not my purpose.
[01:38:11.640 --> 01:38:18.640]  My purpose is only to notify the system that I have reason to believe and do believe a crime has been committed.
[01:38:18.640 --> 01:38:24.640]  Whether they get indicted or not, that's the grand jury's business.
[01:38:24.640 --> 01:38:30.640]  But it is the grand jury's business and not anyone else's.
[01:38:30.640 --> 01:38:39.640]  If anyone else interferes with the grand jury making that decision, now that's a different story.
[01:38:39.640 --> 01:38:53.640]  Then we get to go after them and we've suggested on the show repeatedly that the procedure for bringing political pressures to bear.
[01:38:53.640 --> 01:38:59.640]  I suggest that all of you pay close attention.
[01:38:59.640 --> 01:39:06.640]  One of the things we have to stop doing is getting angry.
[01:39:06.640 --> 01:39:11.640]  It is the hardest thing not to do.
[01:39:11.640 --> 01:39:20.640]  We, someone says something or does something and we have this feeling and we respond to this feeling.
[01:39:20.640 --> 01:39:24.640]  This little emotional dance.
[01:39:24.640 --> 01:39:36.640]  The problem with that is, and the problem with this person I talked to a few days ago who was so angry and so frustrated and just mortified.
[01:39:36.640 --> 01:39:48.640]  The problem with that is, is we lose our perspective and the guys on the other side, they deal with this every day.
[01:39:48.640 --> 01:39:54.640]  They got people all day every day angry just like you are.
[01:39:54.640 --> 01:39:59.640]  So they become very good at dealing with it.
[01:39:59.640 --> 01:40:06.640]  They can handle you. Go ahead and go in there angry. That's great. That's exactly what they want.
[01:40:06.640 --> 01:40:08.640]  That's why they conduct themselves the way they do.
[01:40:08.640 --> 01:40:12.640]  If they, when I come in there, I'm hard to handle.
[01:40:12.640 --> 01:40:18.640]  And they really go to a lot of trouble to try to get me angry because they get me angry.
[01:40:18.640 --> 01:40:22.640]  Then they can very quickly nullify me.
[01:40:22.640 --> 01:40:30.640]  But it's taken a long time and a lot of personal self-discipline.
[01:40:30.640 --> 01:40:47.640]  But when you start taking your anger and stuffing it behind you, when you go into a legal situation and you have clearly defined your intended outcome, now you become a problem.
[01:40:47.640 --> 01:40:52.640]  Now you become something they can't manipulate and they can't deal with.
[01:40:52.640 --> 01:40:58.640]  And when they find out you know how to sting them good,
[01:40:58.640 --> 01:41:05.640]  now you give them reason to make your case go away so they don't have to deal with you anymore.
[01:41:05.640 --> 01:41:11.640]  Okay, the call alignments are building up. I'm going to stop preaching now.
[01:41:11.640 --> 01:41:19.640]  And I'm going to go to Simone in Texas. Is that Simone or Simon?
[01:41:19.640 --> 01:41:20.640]  Simon.
[01:41:20.640 --> 01:41:24.640]  All right. I like Simone better, but you don't sound like a pretty Simone.
[01:41:24.640 --> 01:41:26.640]  Whatever you want to call it.
[01:41:26.640 --> 01:41:29.640]  Okay, go ahead.
[01:41:29.640 --> 01:41:35.640]  I have a couple of questions. The first one I want to know what kind of engineering you practice, Mr. Kelton.
[01:41:35.640 --> 01:41:45.640]  Electrical. I don't practice it. I haven't practiced it since I got out of college. I never made my living at it.
[01:41:45.640 --> 01:41:50.640]  All right. Well, I have a situation now that I need some tools to work on.
[01:41:50.640 --> 01:41:56.640]  My father passed away in 2009 of a brain tumor.
[01:41:56.640 --> 01:42:00.640]  And after radiation, he couldn't remember anything.
[01:42:00.640 --> 01:42:09.640]  And on 229 of 12, his truck, which we didn't know where it was,
[01:42:09.640 --> 01:42:13.640]  ended up on a city street in Round Rock, Texas.
[01:42:13.640 --> 01:42:21.640]  And the police had towed into an impound yard with the towing service and they sent my mother, who's 86 years old,
[01:42:21.640 --> 01:42:33.640]  and on a fixed income, a notice of towing impound fee, notifications fee, other fees, sales tax, storage impound fee.
[01:42:33.640 --> 01:42:44.640]  And I called the Round Rock Police Department and they let me file a complaint, but they said they would only take it for improper,
[01:42:44.640 --> 01:42:53.640]  no unauthorized use of a vehicle because they didn't, there wasn't anybody around when they had it towed in.
[01:42:53.640 --> 01:43:06.640]  Under Transportation Code 683 and Occupational Code Title 14, Regulation of Motor Vehicles Transportation Chapter 2303-2308
[01:43:06.640 --> 01:43:13.640]  from the 82nd legislative session, I can ask for a hearing.
[01:43:13.640 --> 01:43:21.640]  But when I went to the Justice of the Peace Court, they said that I had no basis for a hearing because
[01:43:21.640 --> 01:43:26.640]  the truck's in there and it's probably up to about a thousand dollars now to get it out.
[01:43:26.640 --> 01:43:32.640]  But we didn't even know where it was and the towing people won't talk to us.
[01:43:32.640 --> 01:43:37.640]  They said they don't put it up for auction because they can do that in 30 days.
[01:43:37.640 --> 01:43:43.640]  And I wanted to know if there was any tools that y'all had I could use on this situation.
[01:43:43.640 --> 01:43:49.640]  Okay, you will address that when we come back on the other side.
[01:43:49.640 --> 01:43:53.640]  This is Randy Kelton here with Randy Craig with La Radio.
[01:43:53.640 --> 01:43:58.640]  Call in number 6512-646-1984.
[01:43:58.640 --> 01:44:20.640]  We'll be right back.
[01:44:29.640 --> 01:44:33.640]  We urge our listeners to please visit us at hempusa.org.
[01:44:33.640 --> 01:44:37.640]  And remember, all of our products are chemical free and healthy to eat.
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[01:46:26.640 --> 01:46:42.640]  Alright folks, we are back. This is rule of law radio.
[01:46:42.640 --> 01:46:46.640]  Call in number is 512-646-1984.
[01:46:46.640 --> 01:46:50.640]  We are talking with Simon in Texas.
[01:46:50.640 --> 01:46:53.640]  Alright Simon, let's continue on with your question here.
[01:46:53.640 --> 01:46:56.640]  Okay, go ahead.
[01:46:56.640 --> 01:46:59.640]  I wanted to know if there's anything that we could do.
[01:46:59.640 --> 01:47:05.640]  My mother's on a fixed income and the amount has gotten up to about $1,000 to get the truck back.
[01:47:05.640 --> 01:47:11.640]  But we didn't know where it was and like I say, it just ended up on the street.
[01:47:11.640 --> 01:47:20.640]  So somebody was using it and the police department had it towed into impound and storage.
[01:47:20.640 --> 01:47:27.640]  Okay, did the police department how long after it was towed did they call you?
[01:47:27.640 --> 01:47:29.640]  No, they sent a registered letter.
[01:47:29.640 --> 01:47:30.640]  Okay.
[01:47:30.640 --> 01:47:32.640]  How long after they did?
[01:47:32.640 --> 01:47:45.640]  Let's see, they picked it up on the 13th of February and they sent us a letter on February 29th.
[01:47:45.640 --> 01:47:49.640]  So they waited 16 days to notify you?
[01:47:49.640 --> 01:47:51.640]  Yes, sir.
[01:47:51.640 --> 01:47:55.640]  Who owns the tow yard?
[01:47:55.640 --> 01:47:59.640]  It's a private sewing service that owns the tow yard.
[01:47:59.640 --> 01:48:01.640]  You're positive of that.
[01:48:01.640 --> 01:48:08.640]  How well connected are they with the police department or the city that they would wait 16 days to notify that your car was in an impound lot?
[01:48:08.640 --> 01:48:13.640]  I don't know.
[01:48:13.640 --> 01:48:16.640]  Okay.
[01:48:16.640 --> 01:48:19.640]  The car is what you can do.
[01:48:19.640 --> 01:48:27.640]  That's going to be kind of hard considering you don't know who left the car wherever it was and you didn't report the car stolen.
[01:48:27.640 --> 01:48:28.640]  That's correct.
[01:48:28.640 --> 01:48:29.640]  We didn't do that.
[01:48:29.640 --> 01:48:32.640]  We didn't know where it was because my father couldn't remember.
[01:48:32.640 --> 01:48:35.640]  Well, you don't have to know where it is to report it stolen.
[01:48:35.640 --> 01:48:37.640]  You just have to know it's not where it's supposed to be.
[01:48:37.640 --> 01:48:41.640]  Yes, sir.
[01:48:41.640 --> 01:48:46.640]  We can go to a hearing in front of just the peace.
[01:48:46.640 --> 01:48:51.640]  Well, but what does it state the basis of the hearing is?
[01:48:51.640 --> 01:49:02.640]  Well, a person is entitled to a hearing under this chapter and you have to deliver a request for a hearing to the court before the 14th day after the date the vehicle was...
[01:49:02.640 --> 01:49:04.640]  What section are you reading?
[01:49:04.640 --> 01:49:22.640]  Transportation Code 683 and Occupation Code Title 14 Regulation CL Motor Vehicle and Transportation Chapter 2303 2308.
[01:49:22.640 --> 01:49:23.640]  Okay.
[01:49:23.640 --> 01:49:24.640]  Hang on.
[01:49:24.640 --> 01:49:28.640]  You said 680 or 608 of the Transportation Code?
[01:49:28.640 --> 01:49:31.640]  683.
[01:49:31.640 --> 01:49:32.640]  683.
[01:49:32.640 --> 01:49:35.640]  Yes, sir.
[01:49:35.640 --> 01:49:36.640]  Okay.
[01:49:36.640 --> 01:49:37.640]  All right.
[01:49:37.640 --> 01:49:40.640]  Under Transportation and Abandoned Vehicle is a commercial vehicle.
[01:49:40.640 --> 01:49:42.640]  You know that, right?
[01:49:42.640 --> 01:49:44.640]  No, sir, but I do now.
[01:49:44.640 --> 01:49:46.640]  Okay.
[01:49:46.640 --> 01:49:55.640]  So otherwise it's private property, not in commerce and what they're wanting to do is they're trying to treat it as if it is.
[01:49:55.640 --> 01:50:06.640]  But for your purposes at the moment, that's not going to help you. That's a lawsuit argument you're going to need to make later.
[01:50:06.640 --> 01:50:08.640]  Okay.
[01:50:08.640 --> 01:50:12.640]  Now, they told you that this was an abandoned vehicle.
[01:50:12.640 --> 01:50:17.640]  How did they classify it when they notified you of it?
[01:50:17.640 --> 01:50:30.640]  They just said the vehicle was towed, authorized by the Round Rock Police Department and from where it was and accepted for storage on 2-13-20-12 at 11 p.m.
[01:50:30.640 --> 01:50:37.640]  And that's all that they did. It was in the registered letter. It's a form letter.
[01:50:37.640 --> 01:50:38.640]  Okay.
[01:50:38.640 --> 01:50:42.640]  And do you mean the Occupations Code reference again?
[01:50:42.640 --> 01:50:47.640]  Transportation Code 683.
[01:50:47.640 --> 01:50:51.640]  No, no, no. I got the Transportation Code. Give me the Occupations Code.
[01:50:51.640 --> 01:51:00.640]  Title 14, Regulation of Motor Vehicle and Transportation Chapter 2303-2308.
[01:51:00.640 --> 01:51:02.640]  2303.
[01:51:02.640 --> 01:51:06.640]  Okay.
[01:51:06.640 --> 01:51:10.640]  And that's regulations for vehicle storage facilities.
[01:51:10.640 --> 01:51:12.640]  Yes, sir.
[01:51:12.640 --> 01:51:19.640]  And where are you looking at the information regarding the right to a hearing?
[01:51:19.640 --> 01:51:23.640]  Just below where they says the owner or operator of a vehicle.
[01:51:23.640 --> 01:51:27.640]  No, no, no. Give me a specific section.
[01:51:27.640 --> 01:51:30.640]  Oh, no. It's not on the letter.
[01:51:30.640 --> 01:51:35.640]  No. It's in the statute in the Occupations Code, I'm assuming.
[01:51:35.640 --> 01:51:39.640]  I don't have the Occupation Code in front of me. I just have the letter.
[01:51:39.640 --> 01:51:43.640]  Okay. Let me see what I can find in here then.
[01:51:43.640 --> 01:51:45.640]  Okay.
[01:51:45.640 --> 01:51:46.640]  Go ahead, Randy.
[01:51:46.640 --> 01:51:53.640]  Yeah, it does. You said it took 11 days for them to notify you the vehicle was there.
[01:51:53.640 --> 01:51:55.640]  16 days.
[01:51:55.640 --> 01:51:57.640]  16 days.
[01:51:57.640 --> 01:52:02.640]  Did they give any reason for the delay?
[01:52:02.640 --> 01:52:04.640]  No.
[01:52:04.640 --> 01:52:16.640]  Then you should send a letter to them, charging back the delay time to them.
[01:52:16.640 --> 01:52:31.640]  Since they failed to give you prompt notice, then send them a tort letter essentially, a notice of claim that they have no authority,
[01:52:31.640 --> 01:52:40.640]  no right to claim time that was because of their failure to notify.
[01:52:40.640 --> 01:52:41.640]  Okay.
[01:52:41.640 --> 01:52:46.640]  They'll say, oh, yeah, we can charge you anyway, and then you file suit against them for that and charge them three times.
[01:52:46.640 --> 01:52:57.640]  Ask for three times the amount, and most likely they'll come to some kind of an agreement.
[01:52:57.640 --> 01:53:01.640]  Do you have a lawyer?
[01:53:01.640 --> 01:53:07.640]  No. The Justice of the Peets Court said that I should go get one.
[01:53:07.640 --> 01:53:17.640]  He's probably right. A lawyer, in this case, would probably charge you $1,500 to write them a letter.
[01:53:17.640 --> 01:53:27.640]  And good chance they get a letter from a lawyer. They'll come to the table and make a deal because they don't want to have to go to court.
[01:53:27.640 --> 01:53:29.640]  Okay.
[01:53:29.640 --> 01:53:34.640]  That's the practical side. That's not the technical legal side.
[01:53:34.640 --> 01:53:48.640]  But practically, to get your car back and your vehicle back or your conveyance back, whatever it is, as expeditiously as possible, that may be the best way to do it.
[01:53:48.640 --> 01:53:54.640]  Yeah, it's coming up on the 30 days where they can sell it at an auction.
[01:53:54.640 --> 01:54:08.640]  So it's under the Vehicle Storage Facility Act. Your failure to claim above vehicle 30 days after this notice is sent will waive all rights, title, and interest in above vehicle and consent to the vehicle above vehicle.
[01:54:08.640 --> 01:54:13.640]  Okay. It's coming up on 30 days after the notice was sent?
[01:54:13.640 --> 01:54:19.640]  Yes. Well, yeah, the notice was sent to 29th of February.
[01:54:19.640 --> 01:54:24.640]  Okay. You should have got it out immediately and then fight for the money later.
[01:54:24.640 --> 01:54:32.640]  Now the storage amount, that time after the time you've been noticed, is going to be charged to you.
[01:54:32.640 --> 01:54:33.640]  Yes, sir.
[01:54:33.640 --> 01:54:40.640]  So fighting to get to avoid 10 days of storage has cost you 20 more.
[01:54:40.640 --> 01:54:41.640]  Yes, sir.
[01:54:41.640 --> 01:54:46.640]  Even if you win, is the vehicle worth it?
[01:54:46.640 --> 01:54:56.640]  Yeah, because they let me have a mechanic look at it and it runs just fine. Doesn't look very good, but it runs just fine.
[01:54:56.640 --> 01:55:00.640]  I would suggest you get it out first, fight about it later.
[01:55:00.640 --> 01:55:01.640]  Okay.
[01:55:01.640 --> 01:55:04.640]  I'll make that.
[01:55:04.640 --> 01:55:16.640]  Well, and according to this subject or J section 2308.451, you're really not going to have a choice because the court has authority to find out one thing and one thing only.
[01:55:16.640 --> 01:55:23.640]  Was there a order of removal by a law enforcement agency with based on probable cause?
[01:55:23.640 --> 01:55:29.640]  That's the only determination the court can make in this hearing. The only thing they can determine.
[01:55:29.640 --> 01:55:36.640]  The question here is what constitutes probable cause allowing the tow.
[01:55:36.640 --> 01:55:52.640]  And the court will say it's anything they want because the statute doesn't specify what constitutes probable cause to initiate the non-consent tow.
[01:55:52.640 --> 01:55:53.640]  Okay.
[01:55:53.640 --> 01:56:01.640]  If I can do that, I'll get it out and then go back and try to get some of the money back. I don't know if we will or not, but I'll try.
[01:56:01.640 --> 01:56:04.640]  Well, that's about the only recourse you have.
[01:56:04.640 --> 01:56:07.640]  Okay.
[01:56:07.640 --> 01:56:09.640]  Okay, good luck.
[01:56:09.640 --> 01:56:11.640]  Thank you very much.
[01:56:11.640 --> 01:56:17.640]  You're welcome. Now we're going to go to Carlos in California. Carlos, how are you?
[01:56:17.640 --> 01:56:19.640]  Randall.
[01:56:19.640 --> 01:56:20.640]  Yes.
[01:56:20.640 --> 01:56:22.640]  Yes, how are you doing? Good evening.
[01:56:22.640 --> 01:56:30.640]  Okay. Isn't it true that a judge has a bar license?
[01:56:30.640 --> 01:56:33.640]  No.
[01:56:33.640 --> 01:56:47.640]  It's true if they're a judge of a municipal court of record, but it's not necessarily true if they're in any other higher court because they can't practice law while they occupy the office.
[01:56:47.640 --> 01:56:56.640]  In a municipal court of record, they have to be bar card carrying attorneys, but in the others, they can't be because they can't practice law.
[01:56:56.640 --> 01:57:00.640]  But they do have to have the qualifications.
[01:57:00.640 --> 01:57:09.640]  They have to be a licensed attorney by the court, but they can't have a bar card or I'm sorry, I'll take that back. Yeah, they can't have a bar card because they can't practice.
[01:57:09.640 --> 01:57:18.640]  Well, they can have a bar card. They just can't hold a separate practice and generally they don't keep paying their bar dues.
[01:57:18.640 --> 01:57:24.640]  They just let the bar card drop until they stop being a judge.
[01:57:24.640 --> 01:57:31.640]  Randall, my question is this, if they do, maybe we can do a bar grievance also then. That's my question.
[01:57:31.640 --> 01:57:40.640]  Yeah, for the most part, the judge is not practicing, so if he is a member of the bar, yes, he could.
[01:57:40.640 --> 01:57:46.640]  But he has an insurance or some kind of an insurance or a bond.
[01:57:46.640 --> 01:57:49.640]  Yes, yes, he does.
[01:57:49.640 --> 01:57:55.640]  And you can still make a claim against his bond by way of a judicial conduct complaint.
[01:57:55.640 --> 01:57:57.640]  Or a bar grievance?
[01:57:57.640 --> 01:58:04.640]  I don't know. The bar grievance is for lawyers, judicial conduct complaint for judges.
[01:58:04.640 --> 01:58:09.640]  Okay, let's jump to my foreclosure real quick because I want to give you some advice.
[01:58:09.640 --> 01:58:19.640]  Okay, hang on, we're about to go to break. We will pick you up on the other side and we will drag every piece of information out of you if you can.
[01:58:19.640 --> 01:58:21.640]  Thank you.
[01:58:21.640 --> 01:58:31.640]  Thank you very much.
[01:58:31.640 --> 01:58:35.640]  Go ahead, Randy, we lost you.
[01:58:35.640 --> 01:58:46.640]  Oh, okay. Call in number, it's 512-646-1984. Give us a call. It's getting late. They start stacking up towards me.
[01:58:46.640 --> 01:59:00.640]  We'll be right back on the other side.
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