[00:00.000 --> 00:08.400]  This is the Liberty Beat, your daily source for Liberty news and activist updates, online
[00:08.400 --> 00:10.400]  at thelibertybeat.com.
[00:10.400 --> 00:15.520]  I'm Brian Hagan with your Liberty Beat for Friday, February 7th, 2014.
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[00:55.240 --> 01:01.680]  And from the Cory Moore Show, live Friday nights, 9 o'clock Central, at corymoreshow.com.
[01:01.680 --> 01:07.480]  The latest leaks from Edward Snowden reveal massive attempts to shut down the online collectivist,
[01:07.480 --> 01:08.480]  Anonymous.
[01:08.480 --> 01:14.280]  NBC News reports a secret British spy unit, attempting to spy on the group, also interrupted
[01:14.280 --> 01:19.000]  web communications of political dissonance, while possibly shutting down sites with no
[01:19.000 --> 01:20.780]  anonymous connection.
[01:20.780 --> 01:25.560]  The latest Snowden leak reveals the effort was launched by the British counterpart of
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[01:30.800 --> 01:35.920]  Brazilian authorities are spying on activist emails, monitoring social media, and sending
[01:35.920 --> 01:40.720]  out undercover officers in an effort to stem possible violence from protesters during the
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[01:42.640 --> 01:46.780]  According to officials speaking to The Guardian on condition of anonymity, the police are
[01:46.780 --> 01:51.880]  worried about the presence of black bloc protesters who recently vandalized banks.
[01:51.880 --> 01:56.120]  The officials also stated authorities have located the computers of violent protesters
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[02:50.960 --> 02:56.320]  This is the Liberty Meet for Friday, February 7th, 2014.
[02:56.320 --> 03:21.240]  Check out the website at thelibertymeet.com.
[03:21.240 --> 03:29.680]  We are back, Randy Kelton, Steve Skidmore, WeBlawRadio, it looks like we lost Tennessee.
[03:29.680 --> 03:35.360]  Kevin, I wasn't quite done with you, but that's okay.
[03:35.360 --> 03:42.480]  Give me a, if you're still there, you can email me and we will talk.
[03:42.480 --> 03:49.840]  I wish the foreclosure issue was more simple than it is.
[03:49.840 --> 03:58.200]  There are a lot of people out there trying to make the issues more simple than they are,
[03:58.200 --> 04:02.880]  and they tend to lead people down garden paths.
[04:02.880 --> 04:09.440]  While it's not simple, it's also not terribly difficult.
[04:09.440 --> 04:19.200]  There are just a few issues that need to be understood and in place for this to make sense.
[04:19.200 --> 04:23.600]  So if you listen to the show quite a bit, we'll go over those issues.
[04:23.600 --> 04:30.440]  I keep trying to focus on the issues that come up the most important, and that will
[04:30.440 --> 04:39.960]  give us issues that we can reasonably adjudicate and the courts can't so easily throw out.
[04:39.960 --> 04:45.360]  Okay, with that said, let's go to John in New Jersey.
[04:45.360 --> 04:46.360]  Hello, John.
[04:46.360 --> 04:47.800]  What do you have for us today?
[04:47.800 --> 04:49.400]  How are you doing, Mr. Kelton?
[04:49.400 --> 04:53.560]  I have a couple of questions.
[04:53.560 --> 04:58.800]  I've been fighting against Dutch Bank for about a year now.
[04:58.800 --> 05:06.320]  I had a lawyer, same story with the first guy, I paid him $3,000 down, $1,000 a month.
[05:06.320 --> 05:11.640]  We fought all the time about mortgage, how I wanted to fight the foreclosure, how he
[05:11.640 --> 05:12.640]  wanted to fight it.
[05:12.640 --> 05:13.640]  So eventually I let him go.
[05:13.640 --> 05:19.200]  The last thing he said to us, he told us that they wouldn't start foreclosures in six months,
[05:19.200 --> 05:20.760]  and then they'd start up again.
[05:20.760 --> 05:23.480]  He goes, you don't want to go to trial.
[05:23.480 --> 05:24.480]  That's fine.
[05:24.480 --> 05:28.520]  So we went in to get papers, we finally got a notice of the fall.
[05:28.520 --> 05:34.240]  We disputed the settlement letter back, plus I sent them some questions for admissions.
[05:34.240 --> 05:37.220]  They sent back, said by consent order, this has already been done.
[05:37.220 --> 05:40.720]  So I didn't understand what consent order meant.
[05:40.720 --> 05:44.880]  Okay, consent order?
[05:44.880 --> 05:54.120]  Did you have, okay, let's see, you're in New Jersey, is New Jersey a judicial state or
[05:54.120 --> 05:55.120]  judicial?
[05:55.120 --> 05:56.120]  It's judicial.
[05:56.120 --> 05:59.120]  They have to sue you, DeLondra, they have to sue you.
[05:59.120 --> 06:00.120]  It's judicial.
[06:00.120 --> 06:01.120]  Okay, have you already been sued?
[06:01.120 --> 06:02.120]  It's a title theory state.
[06:02.120 --> 06:13.880]  Well, they brought a lawsuit, and we were going to go to trial, and he said, well, it's
[06:13.880 --> 06:16.880]  going to cost a lot of money to go to trial.
[06:16.880 --> 06:20.080]  So he goes, they're going to stop the foreclosure for six months.
[06:20.080 --> 06:22.600]  So I didn't understand what he meant by that.
[06:22.600 --> 06:26.320]  I thought he meant like six months, they're going to redo it again, because he didn't
[06:26.320 --> 06:29.240]  want to go to trial at that time.
[06:29.240 --> 06:35.200]  So yesterday, I got a notice that says, there's a copy of motion of entry of final judgment.
[06:35.200 --> 06:43.360]  Okay, a lawyer apparently entered you into an agreement that you didn't know about.
[06:43.360 --> 06:44.360]  Right.
[06:44.360 --> 06:46.880]  And that's what I just found out.
[06:46.880 --> 06:52.600]  My question is, I need to try to, and I talked to a couple of lawyers, and they were like,
[06:52.600 --> 06:54.640]  well, that's almost impossible to vacate.
[06:54.640 --> 06:59.600]  I didn't know, I wanted this to go to trial, because I mean, there's a lot of issues with
[06:59.600 --> 07:01.600]  them, like they have a deposition.
[07:01.600 --> 07:02.600]  Okay.
[07:02.600 --> 07:03.600]  Okay.
[07:03.600 --> 07:04.600]  Okay.
[07:04.600 --> 07:06.200]  All they did was do the foreclosure.
[07:06.200 --> 07:13.640]  The problem is, if there is, if they're claiming some sort of consent.
[07:13.640 --> 07:18.640]  Entry of final judgment in connection with the above matter.
[07:18.640 --> 07:20.240]  No, no.
[07:20.240 --> 07:26.520]  Final judgment is one thing, but if the final judgment was based on some kind of an agreement
[07:26.520 --> 07:30.360]  your lawyer entered into without your knowledge.
[07:30.360 --> 07:34.480]  I think that was, that went to discovery, Randy.
[07:34.480 --> 07:40.040]  Wait a minute, that was confusing.
[07:40.040 --> 07:43.640]  What would a hate pronounce that?
[07:43.640 --> 07:48.520]  The, the, John, if you, if you go through that one more time.
[07:48.520 --> 07:49.520]  Hold on.
[07:49.520 --> 07:51.640]  Consent order went to discovery?
[07:51.640 --> 07:52.640]  Yes.
[07:52.640 --> 07:53.640]  Oh, okay.
[07:53.640 --> 08:00.480]  And now it's got a letter, it says, there's a matter, here's a copy of the entry of final
[08:00.480 --> 08:03.680]  judgment in connection with the above matter.
[08:03.680 --> 08:04.680]  So I was like, what's that?
[08:04.680 --> 08:07.760]  What, you know, because I kept sending them letters the last couple of, like asking for
[08:07.760 --> 08:12.240]  people to work, for them to know stuff, and they kept saying by consent order, your, your
[08:12.240 --> 08:14.320]  target queries are out of time.
[08:14.320 --> 08:15.320]  And I'm like, what's this?
[08:15.320 --> 08:19.680]  You know, so I thought we were like, you know, go see in front of a judge and kind of like
[08:19.680 --> 08:20.680]  prove our case.
[08:20.680 --> 08:21.680]  They can prove their case.
[08:21.680 --> 08:26.920]  But now it seems like talk to a couple of lawyers today, like I have no, I'm done.
[08:26.920 --> 08:27.920]  Okay.
[08:27.920 --> 08:30.360]  First thing you should do is educate yourself.
[08:30.360 --> 08:34.360]  Anytime you come across one of these legal terms that you're not familiar with, throw
[08:34.360 --> 08:37.600]  that thing at the internet and see what bounces back.
[08:37.600 --> 08:38.600]  Right.
[08:38.600 --> 08:49.720]  Yeah, I'm, yeah, I'm going to suggest that you go to logosradio.com radio network.com
[08:49.720 --> 08:55.480]  and go to the jurisdictionary banner and get jurisdictionary.
[08:55.480 --> 08:56.480]  Yes.
[08:56.480 --> 09:06.320]  The reason I'm saying that is because the things you're saying to me indicate that you
[09:06.320 --> 09:13.080]  haven't been embroiled in legal issues before.
[09:13.080 --> 09:16.360]  You don't know what the important issues are.
[09:16.360 --> 09:21.240]  Well, I kind of was trusting that lawyer and I think when he put a consent order and he
[09:21.240 --> 09:24.240]  said, you won't have to go to trial.
[09:24.240 --> 09:25.240]  Bless you.
[09:25.240 --> 09:30.640]  Stuck me a little bit and it's like, um, like I want to go to trial because I think there's
[09:30.640 --> 09:32.120]  fraud involved in my loan.
[09:32.120 --> 09:33.120]  You know, Mirs was involved.
[09:33.120 --> 09:34.120]  It was a cure ties.
[09:34.120 --> 09:39.720]  They have a bunch of stuff that I found out after, you know, through requests by admissions.
[09:39.720 --> 09:40.720]  Okay.
[09:40.720 --> 09:43.800]  But now it's like I don't have a choice.
[09:43.800 --> 09:44.800]  Get jurisdictionary.
[09:44.800 --> 09:45.800]  Oh yeah.
[09:45.800 --> 09:48.200]  You've got lots of choices.
[09:48.200 --> 09:57.280]  They just did a foreclosure and their problem is, is what, oh, what year was your loan initiated
[09:57.280 --> 09:58.280]  in?
[09:58.280 --> 09:59.280]  About 2005.
[09:59.280 --> 10:00.280]  It's a...
[10:00.280 --> 10:01.280]  Okay.
[10:01.280 --> 10:02.280]  Okay.
[10:02.280 --> 10:11.280]  These guys screwed up their paperwork so bad that there's a good chance they don't have
[10:11.280 --> 10:12.280]  standing.
[10:12.280 --> 10:18.400]  They never had standing to invoke the subject matter jurisdiction of the court.
[10:18.400 --> 10:24.200]  And that's a nice thing because subject matter jurisdiction cannot be waived.
[10:24.200 --> 10:30.480]  It can be raised at any time, no matter how remote in history.
[10:30.480 --> 10:34.280]  That's a shot you always have at them.
[10:34.280 --> 10:37.240]  Who was the original lender?
[10:37.240 --> 10:38.240]  It went to Fremont.
[10:38.240 --> 10:41.080]  Then it went to Carrington mortgage servicing.
[10:41.080 --> 10:42.080]  Hold on.
[10:42.080 --> 10:43.080]  Hold on.
[10:43.080 --> 10:44.080]  Hold on.
[10:44.080 --> 10:47.080]  You're making presuppositions.
[10:47.080 --> 10:48.440]  Fremont.
[10:48.440 --> 10:51.040]  Fremont was the original lender.
[10:51.040 --> 10:52.520]  Right.
[10:52.520 --> 10:55.280]  What is in the county record?
[10:55.280 --> 10:58.000]  What does the county record say?
[10:58.000 --> 11:03.280]  Have you been to the county records?
[11:03.280 --> 11:07.160]  I go to county records.
[11:07.160 --> 11:08.160]  I don't...
[11:08.160 --> 11:09.160]  I'm trying to think real quick.
[11:09.160 --> 11:10.160]  Let me see.
[11:10.160 --> 11:11.160]  Okay.
[11:11.160 --> 11:14.400]  That was a trick question.
[11:14.400 --> 11:18.960]  The first thing you do is go to the county registrar's office.
[11:18.960 --> 11:23.280]  And when we say county records, we're not talking about the county court of law.
[11:23.280 --> 11:26.640]  We're talking about the registrar of deeds.
[11:26.640 --> 11:35.280]  In order for any entity to prosecute a claim against real property, that claim must be
[11:35.280 --> 11:39.840]  properly filed with the county registrar's office.
[11:39.840 --> 11:46.600]  So the very first thing you do is go to the county registrar's office and pull all the
[11:46.600 --> 11:54.280]  documents that have been filed since you received a warranty deed on the property.
[11:54.280 --> 12:02.440]  And the way you do that is, is you go to the clerk and you tell the clerk that you are
[12:02.440 --> 12:05.680]  computer intolerant.
[12:05.680 --> 12:10.520]  You don't know anything about these newfangled gadgets.
[12:10.520 --> 12:16.760]  Will you do a search on this property and give me a list of all of the documents that
[12:16.760 --> 12:20.160]  you find?
[12:20.160 --> 12:27.000]  Then you get a copy of that list and take good care of it because when you go to the
[12:27.000 --> 12:34.160]  county registrar's office and look in the county record, you have a right to trust what
[12:34.160 --> 12:37.080]  you see there.
[12:37.080 --> 12:46.720]  So the only entities that can make a claim against your property must be, have their
[12:46.720 --> 12:50.520]  claim filed there.
[12:50.520 --> 12:57.360]  Not only must their claim be filed there, but every claim since you issued a warranty
[12:57.360 --> 13:07.240]  deed, there must be a complete uninterrupted chain of transfer and holdership to the entity
[13:07.240 --> 13:11.920]  making the claim against the property.
[13:11.920 --> 13:14.840]  That's the first step.
[13:14.840 --> 13:20.600]  If you look through the records and you find that there is a complete chain of title filed
[13:20.600 --> 13:26.400]  in the county record, then you want to do some more research and you may want to go
[13:26.400 --> 13:34.080]  to Joe Esquivel because what Joe Esquivel will do is he'll go in and research the records
[13:34.080 --> 13:40.000]  and come back with names that aren't included in the county record.
[13:40.000 --> 13:46.040]  Every change of beneficial interest in the notice security instrument must be filed in
[13:46.040 --> 13:51.960]  the county record and must be noticed to you within 30 days.
[13:51.960 --> 13:59.600]  If you find what appears to be a complete chain of holdership, but then you find on
[13:59.600 --> 14:06.340]  further investigations that there are entities implicated in holdership of your note that
[14:06.340 --> 14:14.880]  are not listed in the records, that constitutes a break in the chain of title and everyone
[14:14.880 --> 14:22.160]  on the backside of that break lacks standing to invoke the subject matter jurisdiction
[14:22.160 --> 14:25.800]  of the court.
[14:25.800 --> 14:29.800]  Even if your case has been adjudicated, you can go back and challenge the subject matter
[14:29.800 --> 14:32.880]  jurisdiction of the court.
[14:32.880 --> 14:34.280]  Does that make sense?
[14:34.280 --> 14:40.120]  Yeah, because with my request for remission, it says for instance that made it that depositor
[14:40.120 --> 14:43.800]  who was not named in the complaint was included in the chain of title of your loan.
[14:43.800 --> 14:48.960]  So I think there was a break in the title there.
[14:48.960 --> 14:54.400]  In order to claim a break in title, you have to give hard evidence and we just had Chris
[14:54.400 --> 14:58.720]  on earlier, he did something really clever.
[14:58.720 --> 15:04.200]  He sent a request to the mortgage insurance carrier.
[15:04.200 --> 15:07.800]  If you're paying for mortgage insurance on the property, you need to send a request to
[15:07.800 --> 15:17.440]  the mortgage insurance carrier for a complete list of all entities named as beneficiaries
[15:17.440 --> 15:20.080]  on the insurance policy.
[15:20.080 --> 15:26.080]  A good chance you're going to get a list of names that doesn't match those names filed
[15:26.080 --> 15:29.440]  in the county record.
[15:29.440 --> 15:38.040]  That gives you prima facie evidence to believe that there were claims, transfers against
[15:38.040 --> 15:45.960]  your property that were not filed in the record and that would constitute a breach of contract
[15:45.960 --> 15:52.400]  and render the security instrument void.
[15:52.400 --> 15:53.400]  Does that make sense?
[15:53.400 --> 15:54.400]  Yes, it does.
[15:54.400 --> 15:59.160]  You want to find names that aren't in there.
[15:59.160 --> 16:02.840]  First thing to do is look at the record and the reason I ask you who the original lender
[16:02.840 --> 16:11.720]  was is the next question I was going to ask is, is there an assignment of the security
[16:11.720 --> 16:19.360]  instrument to a separate entity?
[16:19.360 --> 16:27.680]  If there is, you look at that assignment and ask who did the assignment and to whom did
[16:27.680 --> 16:29.720]  they assign it?
[16:29.720 --> 16:36.800]  If the entity doing the assignment was not Fremont, you want to check and see if Fremont
[16:36.800 --> 16:39.160]  is still in business.
[16:39.160 --> 16:46.200]  If it's not in business, was it in business at the time the assignment was made?
[16:46.200 --> 16:51.600]  Because if it wasn't in business, a dead guy can't assign property.
[16:51.600 --> 16:56.000]  Hang on, we will address that in a little more detail on the other side.
[16:56.000 --> 17:00.640]  Randy Kelton, Steve Skidmore, we have our radio.
[17:00.640 --> 17:05.920]  Through advances in technology, our lives have greatly improved except in the area of
[17:05.920 --> 17:06.920]  nutrition.
[17:06.920 --> 17:11.400]  People feed their pets better than they feed themselves and it's time we changed all that.
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[17:59.680 --> 18:05.280]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[18:05.280 --> 18:09.400]  Stop debt collectors now with the Michael Mears proven method.
[18:09.400 --> 18:13.680]  Michael Mears has won six cases in federal court against debt collectors and now you
[18:13.680 --> 18:14.680]  can win too.
[18:14.680 --> 18:19.520]  You'll get step-by-step instructions in plain English on how to win in court using federal
[18:19.520 --> 18:20.520]  civil rights statutes.
[18:20.520 --> 18:25.920]  What to do when contacted by phones, mail or court summons, how to answer letters and
[18:25.920 --> 18:30.360]  phone calls, how to get debt collectors out of your credit report, how to turn the financial
[18:30.360 --> 18:34.120]  tables on them and make them pay you to go away.
[18:34.120 --> 18:39.240]  The Michael Mears proven method is the solution for how to stop debt collectors.
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[18:41.040 --> 18:46.880]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[18:46.880 --> 18:49.880]  or email michaelmears at yahoo.com.
[18:49.880 --> 18:58.880]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[18:58.880 --> 18:59.880]  collectors now.
[18:59.880 --> 19:12.680]  You are listening to the Logos Radio Network, logosradionetwork.com.
[19:12.680 --> 19:18.560]  Well don't let nothing get to you, only the father can deliver you, don't let bad mind
[19:18.560 --> 19:37.560]  people hurt you and test it and get behind you, you know what I mean, my friend, knowledge
[19:37.560 --> 19:52.560]  is everything to me, that's why I call him, how to get debt collectors out of your credit
[19:52.560 --> 20:00.560]  report, how to turn the financial tables on them and make them pay you to go away, how
[20:00.560 --> 20:05.560]  to turn the financial tables on them and make them pay you to go away, how to turn the financial
[20:05.560 --> 20:10.040]  tables on them and make them pay you to go away, how to make them pay you to go away.
[20:10.040 --> 20:14.380]  That's the method that Americans believe in, the most common method, in case you are out
[20:14.380 --> 20:16.900]  of years, or reason you might less than know.
[20:16.900 --> 20:26.440]  So when you have an interest in debt collectors on LinkedIn feel free to do that and under
[20:26.440 --> 20:32.200]  county registrar and get a copy of all of the documents filed in the county registrar's office.
[20:33.960 --> 20:39.160]  Only get the documents that the county registrar can find.
[20:42.680 --> 20:48.120]  So there may be documents that are filed in there and if you dig around enough you could find them.
[20:50.040 --> 20:52.440]  That's why you ask the county registrar to do it.
[20:52.440 --> 21:00.360]  But they have changed from the older filing methods where they file all the documents in
[21:00.360 --> 21:06.440]  hard copy in books. Now they're putting them all in electronic filing. Well they haven't got all
[21:06.440 --> 21:14.280]  the bugs worked out. So you're only responsible for what the county registrar can find.
[21:15.880 --> 21:19.800]  If documents are filed and the county registrar can't find them, you can't find them.
[21:19.800 --> 21:26.200]  So you only want to find what she can find. Get a copy of those, send them to me at randyatrullivalradio.com
[21:31.400 --> 21:35.800]  and I'll look over them and I'll give you a better idea of where you stand.
[21:37.240 --> 21:45.000]  I really appreciate Mr. Kelton. Okay that's kind of what I do. And I'll look through those records
[21:45.000 --> 21:51.640]  and see who transferred what to whom and what authority, what apparent authority did they have
[21:51.640 --> 22:01.720]  to do it. Because every state will have a statute that reflects 13.001 Texas Government Code which
[22:01.720 --> 22:09.000]  says a claim against, I'm paraphrasing here, a claim against real property not properly authenticated
[22:09.000 --> 22:17.720]  or proven and filed with the in the county record is voidous to the holder. So it has to be properly
[22:17.720 --> 22:25.480]  filed and in order to be properly filed, Fremont Mortgage would have had to have transferred
[22:25.480 --> 22:32.680]  the security instrument to the next party claiming to hold it because Fremont Mortgage was named in
[22:32.680 --> 22:40.760]  the deed of trust. So they were named as someone having authority to file a document in the record
[22:40.760 --> 22:48.680]  affecting title. They would have had to transfer it to someone else and each person in line would
[22:48.680 --> 22:55.240]  have had to transfer it to the to the next one. What you'll find a lot of times like one I just
[22:55.240 --> 23:10.440]  looked at, Indy Mac Bank issued the note in 04. In 2010 the FDIC did a assignment of the deed of trust
[23:10.440 --> 23:20.920]  to bank one. Now wait a minute, FDIC was never mentioned in the county records anywhere.
[23:20.920 --> 23:30.040]  Now the FDIC is going to claim that they took over Indy Mac Bank back in 2008. Okay, so what?
[23:31.320 --> 23:41.560]  Indy Mac Bank is not named as a beneficiary on the security instrument. I'm sorry, FDIC is not named
[23:42.120 --> 23:48.520]  as the beneficiary of the security instrument, Indy Mac is. So how is FDIC transferring the
[23:48.520 --> 23:54.520]  beneficial interest of the security instrument to somebody else? And they're going to say, well we
[23:54.520 --> 24:01.480]  took it over blah blah blah. Well you should have had Indy Mac file an assignment to you
[24:03.800 --> 24:10.440]  because you're making the claim and you have nothing in the record to show
[24:10.440 --> 24:16.120]  that you have authority to make that claim. Does that make sense, John? And furthermore,
[24:16.120 --> 24:25.720]  now you're coming into my state mucking up the public land records. Exactly, so that is the first
[24:25.720 --> 24:32.360]  place you want to look. If Fremont was out of business before the assignment occurred,
[24:33.480 --> 24:43.000]  even if Merge made the assignment, Merge cannot be ordered as an agent by a
[24:43.000 --> 24:48.600]  fiduciary, by a principal, to take an action if the principal's dead.
[24:49.960 --> 24:53.160]  Yeah, but that's what it says, it says Merge always has transferred my assignment.
[24:54.120 --> 25:03.000]  They always do. Well, Merge will say that if you're generally, if their client is alive,
[25:03.000 --> 25:12.120]  Merge will claim that they assigned the note as nominee for... For lender, successor, and assigned,
[25:12.120 --> 25:18.200]  yeah, that's what it says. They'll say for Fremont, but if they say that they're acting as
[25:18.200 --> 25:25.160]  beneficiary, that probably means that the original lender's dead and that document is fraudulent.
[25:25.160 --> 25:34.120]  Okay, a person in law doesn't mean the same thing it does in the civil context. In law,
[25:34.680 --> 25:40.600]  it not only means a living, breathing human being, but it also means a legal fiction,
[25:41.320 --> 25:48.520]  a company, a LLP, a corporation. These entities have legal fictions,
[25:48.520 --> 25:55.880]  and as such, they're considered to be persons under law. Well, if the person died
[25:57.240 --> 26:05.480]  before Merge act as an agent for the person, how did the person direct Merge to act in his benefit
[26:05.480 --> 26:12.120]  if he was dead already? So that's one of the things. What benefit would he have? He would have
[26:12.120 --> 26:21.000]  benefit if he was dead already. What benefit would he have? He's dead. That's one of the things we
[26:21.000 --> 26:28.760]  look for that gives us a break in title. If Merge has filed this and the company was already dead,
[26:30.440 --> 26:39.480]  that is a bell that has been rung and they cannot unring it. That is a fatal break in the chain of
[26:39.480 --> 26:45.640]  title that cannot be repaired after the entity has gone out of business. Washington Mutual was
[26:45.640 --> 26:52.040]  taken over by the FDIC and everything transferred to JP Morgan Chase. But Washington Mutual,
[26:52.040 --> 26:57.640]  before it ceased to do business, did not file transfers of the security instrument to JP Morgan
[26:57.640 --> 27:08.200]  Chase. They're out of luck. We don't care what the Fed says. The state says this requirement to file
[27:08.200 --> 27:20.520]  is statutory. The contract says that all notices are required by the contract and both parties
[27:20.520 --> 27:27.720]  agree to abide by all law. If they fail to do this statutory filing, they violated law relating to
[27:27.720 --> 27:34.200]  the contract. They breached a covenant of the contract, repudiate the contract which constitutes
[27:34.200 --> 27:41.640]  voluntary rescission. These are the things you want to look for. These are the things that it's
[27:41.640 --> 27:52.120]  not so difficult to get a local judge to wrap his head around. It goes to the details of this
[27:52.120 --> 27:59.320]  particular contract, not some vague and esoteric bifurcation of the note and securitization.
[27:59.320 --> 28:07.080]  MERS, you start arguing MERS. In order for him to rule against MERS, he has to change laws. He
[28:07.080 --> 28:12.840]  knows it. He doesn't want to do that. The judge wants to make simple decisions based on the facts
[28:12.840 --> 28:19.080]  of this individual case. So if you will send me that documentation, I'll look it over and I'll
[28:19.080 --> 28:27.320]  give you a recommendation of what I think you can do. I appreciate it. Thank you so much.
[28:27.320 --> 28:34.200]  You are most welcome. That email address is randy at ruleoflawradio.com.
[28:35.160 --> 28:36.040]  Thank you. Have a good night.
[28:36.680 --> 28:40.520]  Okay. Thank you, John. Now we're going to go to Steve in Oregon.
[28:42.120 --> 28:44.280]  Hello, Steve. What do you have for us today?
[28:44.280 --> 28:58.360]  I'm here. Longtime listener. Yeah. I have a problem with my father's house. My father
[28:58.360 --> 29:08.520]  passed away and then he got a will from an attorney. It looks like they pulled it out of
[29:08.520 --> 29:19.880]  a NOLO book. When he passed away, his wife lived another year or two, about two years,
[29:21.000 --> 29:30.440]  but the property was supposed to go to his daughter, his wife's daughter. If she passed
[29:30.440 --> 29:39.000]  away, it would go to her. Then what happened was she passed away first and then her next.
[29:41.000 --> 29:46.360]  Okay. Hang on. We're about to go to break. This is Randy Kelton, Steve Skidmore,
[29:46.360 --> 29:53.000]  Deborah Stevens, Rule of Law Radio. Our call in number 512-646-1984.
[29:53.000 --> 30:03.000]  Give us a call. We'll be taking calls the rest of the show. We'll be right back.
[30:03.000 --> 30:07.960]  Michigan may soon require kids' body fat ratings to be sent to a state registry
[30:07.960 --> 30:12.360]  instead of to their parents. I'm Dr. Catherine Albrecht, and if this seems wrong to you,
[30:12.360 --> 30:17.720]  then you won't want to miss my next segment. Privacy is under attack. When you give up
[30:17.720 --> 30:22.360]  data about yourself, you'll never get it back again. Once your privacy is gone,
[30:22.360 --> 30:26.840]  you'll find your freedoms will start to vanish too. So protect your rights,
[30:26.840 --> 30:33.080]  say no to surveillance, and keep your information to yourself. Privacy, it's worth hanging on to.
[30:33.080 --> 30:36.680]  This public service announcement is brought to you by StartPage.com,
[30:36.680 --> 30:42.680]  the private search engine alternative to Google, Yahoo, and Bing. Start over with StartPage.
[30:44.200 --> 30:50.280]  Like much of the country, Michigan has an obesity problem. 65% of adults and 12% of kids are
[30:50.280 --> 30:55.320]  considered overweight. But now Governor Rick Snyder plans to require children to get weight
[30:55.320 --> 31:00.040]  screenings and have their body fat ratings sent to a state registry rather than to their own
[31:00.040 --> 31:05.160]  parents. That's right, if a kid's weight passes a certain threshold, children and their parents
[31:05.160 --> 31:10.120]  will get called in by a doctor to discuss the weight problem. Meanwhile, the child's medical
[31:10.120 --> 31:14.920]  profile will be closely monitored by big government, big brother. Nobody's encouraging
[31:14.920 --> 31:20.360]  obesity here, but what's next? Taking kids away from their parents if they don't lose the weight?
[31:20.360 --> 31:24.360]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[31:30.440 --> 31:35.960]  This is building seven, a 47-story skyscraper that fell on the afternoon of September 11th.
[31:35.960 --> 31:41.480]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
[31:41.480 --> 31:45.720]  it was a controlled demolition. Over 6,000 of my fellow service members have given their lives.
[31:45.720 --> 31:50.120]  And thousands of my fellow first responders are dying. I'm not a conspiracy theorist. I'm a
[31:50.120 --> 31:54.200]  structural engineer. I'm a New York City correction officer. I'm an Air Force pilot. I'm a father who
[31:54.200 --> 32:00.280]  lost his son. We're Americans, and we deserve the truth. Go to rememberbuildingseven.org today.
[32:01.960 --> 32:05.960]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar. In today's America,
[32:05.960 --> 32:09.800]  we live in an us-against-them society. And if we, the people, are ever going to have a free society,
[32:09.800 --> 32:13.960]  then we're going to have to stand and defend our own rights. Among those rights are the right to
[32:13.960 --> 32:17.960]  travel freely from place to place, the right to act in our own private capacity, and most importantly,
[32:17.960 --> 32:22.360]  the right to due process of law. Traffic courts afford us the least expensive opportunity to
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[32:30.120 --> 32:33.960]  teaching tool available that will help you understand what due process is and how to hold
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[32:58.600 --> 33:06.440]  Live, free speech radio, logosradionetwork.com.
[33:28.600 --> 33:55.640]  Okay, we are back. We're in Kelton, Rule of Law Radio, Steve Skidmore and Debra Stevens.
[33:55.640 --> 34:03.560]  We're talking to Steve in Oregon, and okay, Steve, you sent me an email earlier today and the thing
[34:03.560 --> 34:10.680]  I did not quite get out of the email or what you've talked so far is how did the property
[34:10.680 --> 34:19.320]  come to you? Well, actually, it hasn't come to me. I was mentioned in the will with my sisters,
[34:19.320 --> 34:28.600]  with my sisters, and since it's a commonwealth, I guess it's 50-50, so.
[34:29.800 --> 34:42.600]  Wait, are you the only surviving heir? No, I have two sisters, and yeah, my half,
[34:42.600 --> 34:52.120]  my step-sister, or not my step-sister, but my half-sister passed away, and she's the daughter of
[34:52.120 --> 35:03.640]  his second wife. Okay, does the people, okay, was this the second wife he was with when he passed?
[35:03.640 --> 35:13.960]  Yes. And the property accrued to her? Yes, it did. That takes you out of the line of succession
[35:13.960 --> 35:25.080]  if she's not your mother? Okay. Does she have an heir? No, she doesn't have an heir.
[35:25.080 --> 35:32.360]  And then the property should come back to you, I think. I'm not really sure. I'm not well-versed
[35:32.360 --> 35:41.320]  in probate law. Well, here's the big thing. Okay, call the assessor's office. The assessor said the
[35:41.320 --> 35:50.920]  neighbor was paying the taxes on it. It could have been out of an account that the wife left
[35:51.720 --> 35:58.280]  to the neighbor. Now, the neighbor, I looked up her records, and I looked up the records on the
[35:58.280 --> 36:07.000]  house. Nothing has changed in the public record. The neighbor who lives right next to her.
[36:07.000 --> 36:13.800]  Whoa, hold on. Is the property still in your father's name? Yes, it is.
[36:15.560 --> 36:24.760]  Is, okay, if the wife is passed, and the property wasn't transferred to the wife,
[36:24.760 --> 36:29.960]  and the property never went to the wife? Well, it was in both their names.
[36:31.560 --> 36:40.120]  And I believe they did a quit claim and went to the wife. Okay, so there is a quit claim
[36:40.120 --> 36:46.280]  in the record? Yes. Okay, that takes you out of line of succession. Now, it belongs solely to the
[36:46.280 --> 36:57.400]  wife, and if the wife is not your parent, then her heiress would have claim to it. And what the
[36:57.400 --> 37:04.760]  neighbor is doing is he's paying the taxes on it, and he will eventually move to take it under
[37:04.760 --> 37:13.320]  adverse possession. Yeah, and that'll be in about 23 months from now. Okay, you need to make, you
[37:13.320 --> 37:21.240]  need to go to, you need to either pay the taxes one year. If you pay the taxes one year, that screws
[37:21.240 --> 37:29.640]  up everything for him. Okay. That'll interrupt, he has to pay the taxes. In Texas, I think it's
[37:29.640 --> 37:36.520]  like four years. It depends on the state. Consecutively, if you interrupt it by one payment,
[37:36.520 --> 37:43.800]  then he has to start all over again. Yeah, what I was thinking was that I could send them a letter,
[37:44.760 --> 37:53.320]  give granting them permission to use the property. Okay, yeah, wait. Okay, say that again. Someone's
[37:53.320 --> 38:02.360]  given him, given him permission. Well, if under adverse possession, they can, they can acquire
[38:02.360 --> 38:12.760]  the title, under what color of title, but they paid the taxes. So instead of the 10 years,
[38:12.760 --> 38:21.720]  they go to seven years. And so I figured, well, if I send them a letter as it requires,
[38:22.520 --> 38:28.840]  giving them permission, then that. Very good. Very good. Then it's no longer adverse possession.
[38:28.840 --> 38:34.280]  Okay. But I would say, I would suggest in order to back up the letter, you pay the taxes for one
[38:34.280 --> 38:43.800]  year. And I suggest, is the property livable? Yes, it is. Lease it out, lease it, rent it,
[38:43.800 --> 38:51.960]  get somebody in it. I don't think there's anybody in it, but there, the property is in Tacoma,
[38:51.960 --> 38:58.200]  Washington. Well, get a real estate agent to lease it out for you. That's a property manager,
[38:58.200 --> 39:03.480]  get somebody in it. That eliminates the neighbor's claim to adverse possession.
[39:05.160 --> 39:15.080]  Okay. Okay. And here's the deal. The property, the only one who's left to reasonably make a
[39:15.080 --> 39:21.960]  claim against the property is you. But how the probate works is iffy. So if you just
[39:21.960 --> 39:30.600]  take the property back over, move somebody into it, turn it over to a property manager
[39:31.640 --> 39:36.600]  and have the property manager maintain the property and collect the rent on it.
[39:37.800 --> 39:45.880]  And you would be all right if he just maintains the property. And then after you've held it long
[39:45.880 --> 39:55.240]  enough to claim it under adverse possession, then put it up for sale. Or there's one other thing you
[39:55.240 --> 40:04.920]  can do. You can need a warranty deed in the record. You really need to talk to a lawyer
[40:04.920 --> 40:12.680]  to find out how to adjudicate this. The state is going to want a way to get the title properly
[40:12.680 --> 40:18.200]  assigned to someone. And since you're the only one left to take it over, you're the one,
[40:19.080 --> 40:25.400]  there's going to be a provision to get it to you. But what the state will try to do is take as much
[40:25.400 --> 40:34.680]  as they can in taxes. So probably the simplest way to handle it is lease it out, hold it for
[40:34.680 --> 40:40.680]  seven years, claim it under adverse possession, and sell it. Unless you want to keep it.
[40:40.680 --> 40:41.800]  Unless you want to keep it.
[40:43.480 --> 40:50.680]  Yeah, I want to just sell it. And I thought that maybe I could...
[40:53.320 --> 40:58.840]  There may be a way to take it over in probate as the last surviving heir.
[41:00.200 --> 41:04.440]  You'd have the last claim on it, but that's not an area I'm knowledgeable in.
[41:04.440 --> 41:09.000]  Well, I'm lost in probate.
[41:09.880 --> 41:15.960]  Yeah, and I tried to get Steve to take it over so he would sound like the one
[41:15.960 --> 41:26.920]  that didn't know what he was talking about. This is too technical for me to comment on.
[41:26.920 --> 41:28.440]  It's not my area of study.
[41:28.440 --> 41:35.160]  Well, I know what I would do. Whatever I do, I would file it into that record,
[41:36.280 --> 41:40.440]  for one, if the taxes are paid. I would make sure...
[41:40.440 --> 41:51.720]  Okay. Look at the property code for Washington. There's going to be a provision that if a document
[41:51.720 --> 41:59.080]  is filed in the record, it's presumed to be normal unless it's challenged. And if it hasn't been
[41:59.080 --> 42:11.480]  challenged, generally it's four years, then the document becomes unchallengeable by the passage
[42:11.480 --> 42:22.680]  of time. So if you file a warranty deed in the record, the problem is that there's problems with
[42:22.680 --> 42:28.360]  that. You'd have to get someone to grant you the property. You can't file a warranty deed because
[42:28.920 --> 42:31.800]  the warranty deed would have to be from your father to you.
[42:33.480 --> 42:33.960]  That's true.
[42:33.960 --> 42:35.960]  And he's dead. He's dead. He can't do that.
[42:35.960 --> 42:43.320]  Yeah. There is definitely a provision. You might call a Washington lawyer and ask what the provision
[42:43.320 --> 42:47.080]  is when everybody dies and you're the last remaining heir.
[42:49.800 --> 42:55.560]  Yeah. Because I know that the neighbors want to get adverse possession.
[42:56.360 --> 42:59.720]  Yeah. So just pay the taxes one year and that screws that up.
[42:59.720 --> 43:07.000]  Yeah. They're looking to get it for free. And apparently Washington is notorious for adverse
[43:07.000 --> 43:11.880]  possession. So you pay the taxes, they're screwed.
[43:13.240 --> 43:21.720]  Okay. All right. Well, that sounds like a solution. And I was thinking that I would go in and throw a
[43:21.720 --> 43:30.120]  monkey ranch into the public record. Well, you can't just do that. All of these states will have a
[43:30.120 --> 43:37.480]  provision that the only people who can file a claim against title is someone who's named
[43:37.480 --> 43:42.760]  as having authority to do that in the record. If you file something, they could just get it tossed.
[43:44.760 --> 43:47.160]  You'd have to get a court to grant you the property.
[43:47.160 --> 43:54.440]  Okay. Hang on. This is Randy Kelton's, Steve Skidmore, Denver Stevens, Rue of La Radio.
[43:54.440 --> 43:59.320]  I call it number 512-646-1984. We'll be right back.
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[46:23.240 --> 46:33.960]  Yes, always I must be careful what I'm wishing for. When I'm hungry, I like to know just what I'm
[46:33.960 --> 46:43.320]  fishing for. I ain't asking for much, I ain't trying to be no glutton. I'm just here making my
[46:43.320 --> 46:53.640]  living pushing buttons. I give my message out to anyone who's out in distance. I'm hope for
[46:53.640 --> 47:02.040]  bravery and against slavery showing resistance. First I'm crawling... Okay, we are back. Randy
[47:02.040 --> 47:08.520]  Kelton and Steve Skidmore at Rule of Law Radio, and we're talking to Steven Horrigan. That's
[47:08.520 --> 47:15.800]  probably about all I can suggest. You know, I do speak to issues I know about, but I try to be
[47:15.800 --> 47:24.840]  careful about speaking to issues I don't know about. But every state's going to have some
[47:24.840 --> 47:32.200]  provision for at last surviving error, and that should be pretty simple to look up.
[47:32.200 --> 47:43.080]  Yeah. Yeah, in the past, I haven't had too much trouble with, well, hit and miss with the courts,
[47:43.080 --> 47:54.040]  but I figured that I would file... I could just file a document in saying that I was the last
[47:54.040 --> 48:02.120]  surviving error so that it could be seen. I think you're going to have to go to a court
[48:02.120 --> 48:10.840]  and get a court to grant you a warranty date. Okay. And I know there's a provision for that
[48:10.840 --> 48:18.520]  because this is not an uncommon occurrence. Right. Where there's somebody, even where you'll have a
[48:18.520 --> 48:24.680]  niece or a nephew or someone that's even more remotely connected, they could come in and take
[48:24.680 --> 48:30.520]  the property as the last surviving error. So there's going to be a provision for it.
[48:32.120 --> 48:39.560]  Okay. Yeah. I haven't looked it up yet. Yeah, but just make sure you cover the
[48:39.560 --> 48:46.920]  taxes one year and that'll screw up the neighbor. It's a good way to do it without creating any
[48:46.920 --> 48:51.720]  contention with the neighbor because you just go in and pay the taxes before they're due.
[48:52.920 --> 48:57.960]  Yeah. When he comes to pay them, they're going to say, well, they're already paid.
[48:59.960 --> 49:10.200]  Yeah, that should do it. Well, I'm glad you hit on that because I've come across stuff like that by
[49:10.200 --> 49:20.680]  hit and miss, just working with the court. Okay. We'll give that a try. We're going to move ahead.
[49:20.680 --> 49:25.720]  We've got a couple more callers. Thank you for calling in and don't be a stranger.
[49:26.520 --> 49:37.320]  Okay. And thanks for the advice on the politics. Okay. Good luck. Now we're going to go to Teresa
[49:37.320 --> 49:41.640]  in Texas. Hello, Ms. Teresa, what do you have for us tonight?
[49:44.520 --> 49:52.520]  Well, I have a son who has a condo that he bought through Wells Fargo. And in October,
[49:53.560 --> 50:00.360]  he told me that he was having problems making the payment and he had some financial difficulties.
[50:00.360 --> 50:06.680]  And so I agreed to start helping him. And he received a letter in October from Wells Fargo
[50:06.680 --> 50:13.160]  saying, you know, we have all these different alternatives that we can do. So I immediately
[50:13.160 --> 50:19.560]  gave him $1,200 and I said, okay, tell the lady we're paying $1,200 and we're going to try to
[50:19.560 --> 50:25.880]  come up with some more money and, you know, find a solution for this thing. And that was in October.
[50:27.480 --> 50:35.000]  In the same month, they filed foreclosure on him. But in November, I didn't know that they
[50:35.000 --> 50:45.480]  had filed already. In November, I had set up an electronic payment through my credit union to
[50:47.480 --> 50:52.680]  be wired directly to that account. And in November, that payment went through and it
[50:52.680 --> 50:57.720]  didn't get returned. In December, I made another payment and they kicked it back.
[50:57.720 --> 51:05.800]  And so when they kicked it back, they, you know, I tried to, to a couple of other ways,
[51:05.800 --> 51:09.400]  try to make the payment again and they wouldn't do it. And at that point, they said, oh, we can't
[51:09.400 --> 51:16.520]  take your payment because you're in a foreclosure. And so anyway, I said, well, but you took my
[51:16.520 --> 51:22.840]  November payment. And someone told me that if you, if they file foreclosure and they accept the
[51:22.840 --> 51:28.680]  payment after foreclosure, that that foreclosure is null and void. And I don't know if that's true or
[51:28.680 --> 51:39.960]  not. No, not that I know of. However, if they took a payment after you entered into foreclosure,
[51:40.760 --> 51:46.600]  there's a very good chance that that did not get applied to your account.
[51:46.600 --> 51:53.400]  It didn't. It didn't. And so, so the guy said, well, you know, I don't know. He said there's
[51:53.400 --> 51:58.920]  a thousand employees. So I can't tell you where that payment ended up. But the thing to do is
[51:58.920 --> 52:02.600]  if I were you, he says, you know, I'm really worried about you not getting your money back.
[52:02.600 --> 52:08.520]  He says, so I want you to do a stop payment on your check. And, you know, at first he was like,
[52:08.520 --> 52:13.240]  well, you know, how do I know? He was trying to find out if I had proof that I had wired that
[52:13.240 --> 52:19.640]  over. So I went to my bank and I printed out the electronic list from the computer and I said,
[52:19.640 --> 52:25.480]  okay, here's a, you know, here's a copy of a, you know, and I put an arrow pointing to the payment
[52:25.480 --> 52:31.880]  that was in there and lost somewhere in Wells Fargo. And so anyway, once I faxed that over to
[52:31.880 --> 52:35.960]  him, he says, oh, he says, well, I want to make sure you get your money back. So, you know, it
[52:35.960 --> 52:40.520]  might cost a little bit, but, you know, you should do a stop payment on that. And I thought, well,
[52:40.520 --> 52:44.840]  you should do a stop payment on that. And I thought, what a nice guy. He's trying to help
[52:44.840 --> 52:50.520]  me out. And I don't think that it was about that at all. It wasn't about that at all.
[52:51.640 --> 52:59.240]  That's theft. Yes. Yes. You know, when the banks do it, they like to pretend like it's just a bank
[52:59.240 --> 53:07.000]  error. No, it's not a bank error. You don't get to make those kinds of mistakes. What is,
[53:07.000 --> 53:13.160]  is your, has your son been foreclosed on yet? No, but they have,
[53:15.640 --> 53:20.120]  this thing just keeps getting deeper and deeper. We thought we were going to be able to just work
[53:20.120 --> 53:27.160]  this out with the foreclosure. They foreclosed on him when he only owed $3,500. And I was okay.
[53:28.520 --> 53:35.240]  The banks are dirty white and scoundrels. Yeah. You can owe them $3.50 and that's,
[53:35.240 --> 53:40.280]  they don't care. They'll foreclose on that. Yeah. So, you know, so, so we thought that
[53:40.280 --> 53:48.040]  this was doable. And then there's also an HOA in the picture and the HOA I had paid $1,000 on.
[53:48.040 --> 53:55.560]  And then all of a sudden their website closed off. And previously when I had paid $1,000 on it,
[53:57.160 --> 54:02.920]  the HOA had it like a listing and you could see, you know, exactly what you owed and how much,
[54:02.920 --> 54:08.200]  you know, you paid. And so they changed their website after I made that payment.
[54:08.200 --> 54:13.400]  And it had this big thing that said, you can only pay the sum amount and you couldn't see
[54:13.400 --> 54:20.920]  whether they even credited you for what you'd paid before. And so anyway, then they put a lien
[54:20.920 --> 54:27.640]  on the property. And so at this point you're thinking- Okay. HOA lien is not too hard to handle.
[54:27.640 --> 54:35.640]  And I've got some friends who beat up HOAs on a regular basis. The foreclosure is the biggest deal.
[54:37.640 --> 54:43.640]  And you might have, if your son wants to fight the foreclosure, you might want to have him get a hold
[54:43.640 --> 54:53.640]  of me off the air. It's way too complex to do all of that on the air. But you're in 972,
[54:53.640 --> 55:01.240]  that means you're in the mid city's DFW area? Well, he's in, yeah, he lives in the Dallas area.
[55:02.520 --> 55:05.720]  I actually live in Houston, but he lives in the Dallas area.
[55:06.520 --> 55:13.080]  Okay. There's a lot he can do. It depends on what he wants to do with the property. Is he
[55:13.080 --> 55:19.320]  underwater on the property? No, he's in Texas. There's no way he's underwater.
[55:19.320 --> 55:26.360]  No, he's actually, part of the reason why he wants to fight for it is because he's done all
[55:26.360 --> 55:31.000]  these renovations inside and put in the good flooring and all these things. And he's like
[55:31.000 --> 55:37.320]  pouring all this money into it when he had a lot of money to pour into it. And then he ran across
[55:37.320 --> 55:44.680]  financial difficulties. Okay. Have him, if he's interested in keeping it, have him contact me,
[55:44.680 --> 55:52.680]  Randy at ruleoflawradio.com. And I'll have him get me the county recorder, documents from the
[55:52.680 --> 56:00.040]  county recorder's office, look them over and I can give him an evaluation of what he can do to save
[56:00.040 --> 56:07.000]  his property. Awesome. There's lots of things you can do. These guys are scoundrels. They screw up
[56:07.000 --> 56:13.800]  everything and they're used to just rolling over everybody. They are not used to somebody fighting
[56:13.800 --> 56:19.320]  them. And I'll show him how to fight them. Well, you know, he was thinking once the HOA came in,
[56:19.320 --> 56:24.120]  he was thinking, well, now that's so much money. Because every time they move to a different,
[56:24.680 --> 56:31.640]  you know, method of dealing with this, they added lawyers, they added, you know, $1,500 extra per
[56:31.640 --> 56:36.200]  HOA and foreclosure. So then it just started getting further and further away.
[56:36.200 --> 56:44.520]  That's our, this remedy. We just bar grieve the attorney a time or two and he'll want to find a
[56:44.520 --> 56:50.840]  hole to get into. So he's thinking that he needed to go file bankruptcy now. I don't know if he's
[56:50.840 --> 56:56.920]  really needed- Okay. Okay. Be careful on that. We do suggest sometimes that people file bankruptcy,
[56:58.360 --> 57:01.960]  but only if they're going to come and try to evict you tomorrow.
[57:01.960 --> 57:07.480]  Oh, okay. And if he does file bankruptcy, we'll show him how to do it so he can screw the bank
[57:07.480 --> 57:16.600]  every way from Sunday. But if he files bankruptcy, make sure he files a chapter seven, not a 13th.
[57:17.240 --> 57:24.120]  Yeah. BK is usually a measure of last resort. Okay. Yeah. And if he does file the bankruptcy,
[57:24.120 --> 57:33.000]  claim the property is unsecured. Then the bank will have to come up and prove their claim,
[57:33.000 --> 57:37.720]  prove up their claim. And most of the time they can't. I could give you a better assessment.
[57:37.720 --> 57:45.320]  Once I've looked at what's in the county record. Okay. But if they have a break in the chain
[57:45.320 --> 57:53.640]  of title so that they can't prove up their claim against the property, then chapter seven bankruptcy
[57:53.640 --> 58:01.320]  is the place to go. Once the note is written off in bankruptcy, then you move for a quiet title
[58:02.040 --> 58:08.200]  on the deed of trust and everything goes away. Okay. All right. Well, I will have him call you
[58:08.200 --> 58:16.120]  and- Okay. Okay. Give him Randy at ruleoflawradio.com. Have him send me an email and I'll get him an
[58:16.120 --> 58:23.560]  evaluation. Okay. Thank you, Teresa. This is Randy Kelton, Steve Skidmore, Rule of Law Radio,
[58:23.560 --> 58:32.840]  our call in number 512-646-1984. We're going into our last hour and generally the calls build up
[58:32.840 --> 58:39.000]  toward the end. So if you have a question or comment, give us a call, get in line, we'll be right back.
[59:02.840 --> 59:07.640]  One of the most comprehensive study Bibles available today. It's an accurate translation
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[59:30.760 --> 59:40.440]  and Basic Elements of the Christian Life, call Bibles for America toll free at 888-551-0102.
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[01:00:02.760 --> 01:00:07.640]  This is the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:07.640 --> 01:00:13.720]  online at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Friday, February 7th,
[01:00:13.720 --> 01:00:23.160]  2014. Gold opened today at $1,260. Silver opened at $19.84, while Bitcoin is trading at $723.
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[01:01:02.920 --> 01:01:09.880]  Snowden reveal massive attempts to shut down the online collectivist Anonymous. NBC News reports a
[01:01:09.880 --> 01:01:15.400]  secret British spy unit attempting to spy on the group also interrupted web communications of
[01:01:15.400 --> 01:01:19.880]  political dissonance, while possibly shutting down sites with no anonymous connection.
[01:01:20.520 --> 01:01:24.520]  The latest Snowden leak reveals the effort was launched by the British counterpart
[01:01:24.520 --> 01:01:33.560]  of the NSA, known commonly as GCHQ. Resilient authorities are spying on activist emails,
[01:01:33.560 --> 01:01:39.080]  monitoring social media, and sending out undercover officers in an effort to stem possible violence
[01:01:39.080 --> 01:01:43.880]  from protesters during the World Cup soccer event. According to officials speaking to the
[01:01:43.880 --> 01:01:48.680]  Guardian on condition of anonymity, the police are worried about the presence of black bloc
[01:01:48.680 --> 01:01:53.720]  protesters who recently vandalized banks. The officials also stated authorities have located
[01:01:53.720 --> 01:01:58.200]  the computers of violent protesters and have access to their communication.
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[01:02:03.800 --> 01:02:09.960]  temporarily suspends all Bitcoin withdrawals. That comes as Mt. Gox experiences technical issues,
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[01:02:14.840 --> 01:02:19.240]  and that's why they suspended the action. Other aspects of the site remain active.
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[01:03:25.320 --> 01:03:49.560]  Okay, we are back. Randy Kelton, Steve Skidmore,
[01:03:49.560 --> 01:03:57.720]  Deborah Stevens, Wheelball Radio. And we're talking to Texas from Virginia. Or is it Virginia from
[01:03:57.720 --> 01:04:09.640]  Texas? Hello, Virginia. What do you have for us tonight? Randy? Yes, we hear you. Have you heard
[01:04:09.640 --> 01:04:17.560]  about the new Texas law on car insurance? You're talking about those advertisements you see on
[01:04:17.560 --> 01:04:26.600]  the internet? No, one of my friends told me, once you get your car insurance, do not let it lapse.
[01:04:27.400 --> 01:04:33.640]  If you let it lapse, your driver's license will be suspended immediately and a ticket will be issued.
[01:04:33.640 --> 01:04:38.840]  But nobody tells you that it's happened to you. Apparently, you're going to find it out on your
[01:04:38.840 --> 01:04:45.240]  own the hard way. When did this go into effect, do you know? I don't know. I was told about it today
[01:04:45.240 --> 01:04:50.840]  by somebody close to me. I have never heard of such a thing.
[01:04:53.320 --> 01:04:57.640]  Well, I just recently got a car and car insurance. And this person close to me said,
[01:04:58.360 --> 01:05:03.480]  do not let your car insurance lapse even for one day. No, that can't be.
[01:05:03.480 --> 01:05:15.080]  You only have to have your car insured if you are operating it on a public thoroughfare.
[01:05:17.400 --> 01:05:23.240]  You can't be required to have insurance on a car simply because you own it.
[01:05:23.240 --> 01:05:32.600]  You can't. And you certainly can't be charged with a crime for ownership.
[01:05:35.480 --> 01:05:41.480]  Something's missing there. I had never heard of it. And that's why I called it.
[01:05:43.880 --> 01:05:49.720]  Maybe you had heard something that I did not hear. Yeah, there's probably something else to it.
[01:05:49.720 --> 01:05:58.600]  Okay. There's no way. The only thing right now, they're issuing tickets for red light cameras.
[01:05:59.400 --> 01:06:07.720]  And there's a lot of controversy over that because that essentially goes to crime by ownership.
[01:06:08.360 --> 01:06:12.760]  And what you're speaking to here would go to the same thing.
[01:06:12.760 --> 01:06:18.680]  You know, I have a car sitting out here by the house that I drive maybe once every two or three
[01:06:18.680 --> 01:06:25.880]  weeks, but I could have, you know, this is Texas. We've got rednecks with a dozen cars in New York,
[01:06:25.880 --> 01:06:33.880]  some with tires on them, some with not. According to this, every car that you own would have to be
[01:06:34.680 --> 01:06:37.880]  insured all the time or you'd be thrown in jail.
[01:06:37.880 --> 01:06:44.280]  Never happened. There's something else. They're missing something. Okay. Thank you. Oh, ready.
[01:06:46.120 --> 01:06:52.120]  Okay. Now we're going to go to Jeff. I think that was the quickest call we've ever had.
[01:06:52.120 --> 01:07:00.600]  Yeah, that was pretty quick. Now we're going to go to Jeff in Missouri. Hello, Jeff. What do you
[01:07:00.600 --> 01:07:07.880]  have for us today? Hi. You told me to call back from last night. I was the one who had the officer
[01:07:07.880 --> 01:07:19.080]  break out my window. Oh, okay. Okay. This was one where the, where he rolled his window halfway down
[01:07:19.080 --> 01:07:25.880]  or quarter of the way down. And the officer ordered him to roll his window all the way down.
[01:07:25.880 --> 01:07:32.280]  Right. And when he didn't roll his window all the way down, the officer broke the window out.
[01:07:33.160 --> 01:07:38.680]  And when the officer became aggressive and attacked the window, you left the scene
[01:07:38.680 --> 01:07:47.320]  fearing for your life. Yeah. A panic, which is basically the same thing. Well, you had a man
[01:07:47.320 --> 01:07:57.160]  with a loaded pistol who was agitated. And now you say that the officer has left the force.
[01:07:58.760 --> 01:08:04.600]  I suggest that you file criminal charges against the officer for aggravated assault
[01:08:05.640 --> 01:08:13.400]  and you send a tort letter to the, hold on. Is the officer a victim of a criminal charge?
[01:08:13.400 --> 01:08:20.040]  Tort letter to the, hold on. Is the officer a municipal, was he a municipal police officer
[01:08:20.040 --> 01:08:27.640]  or a county? Municipal. Okay. If he's a municipal, send a tort letter to the mayor,
[01:08:28.520 --> 01:08:37.480]  noticing of intent to sue. And you might petition for a writ of mandamus to try to get the case
[01:08:37.480 --> 01:08:47.960]  against you thrown out. Understand about criminal charges. We live in the worst police state the
[01:08:47.960 --> 01:08:56.360]  world has ever seen. And almost nobody knows about it. The average conviction rate in Texas
[01:08:56.360 --> 01:09:08.120]  and it's similar everywhere else is 99.6. And the reason the average conviction rate is so high is
[01:09:08.120 --> 01:09:15.320]  because every step is presently practiced in the criminal justice system from arrest to trial is
[01:09:15.320 --> 01:09:23.160]  not only wrong, is very specifically against particular law. On my Jewish imprudence website,
[01:09:23.160 --> 01:09:31.240]  which I'm still having trouble being on the Google's blacklist, I have a real habeas corpus
[01:09:31.240 --> 01:09:39.960]  that walks down due process from front to back. And it demonstrates not only that every step as
[01:09:39.960 --> 01:09:48.920]  presently practiced is wrong, but it demonstrates with specificity and particularity just exactly
[01:09:48.920 --> 01:09:57.400]  how it's wrong and why it's done the way it's done. Yeah. Every step from arrest to trial
[01:09:57.400 --> 01:10:05.480]  is very carefully crafted for the purpose of placing a person accused of crime in a position
[01:10:05.480 --> 01:10:14.760]  such that they have no reasonable alternative to taking a deal. Right. You know, the only reason
[01:10:14.760 --> 01:10:24.360]  there's, it's only 99.6 because 4% of them just say, screw you. I'm going to fight you
[01:10:25.000 --> 01:10:31.640]  no matter what you do. And they keep turning up the pressure on them until they get them to
[01:10:31.640 --> 01:10:37.240]  the courthouse steps. And when they still say screw you, they dismiss the case and walk away.
[01:10:38.280 --> 01:10:42.760]  But then they can afford to do that because they're using our tax money to get it done with.
[01:10:42.760 --> 01:10:52.360]  Yeah. So everything is political. They file criminal charges against you.
[01:10:53.160 --> 01:11:00.040]  You might file a few against them. Okay. Do I file the aggravated assault in the federal court?
[01:11:01.000 --> 01:11:07.000]  No, no, this is an art form. We're playing chess here. We're not playing checkers.
[01:11:07.000 --> 01:11:15.160]  The first rule, never ask a public official to do anything you actually want him to do.
[01:11:17.560 --> 01:11:24.040]  You're only going to win your case if you generate some politics. And the reason you never ask public
[01:11:24.040 --> 01:11:31.240]  officials to do anything you actually want him to do is because you never ask a public official to do
[01:11:31.240 --> 01:11:41.240]  anything that he is not specifically required to do by law. For instance, look at the laws in Missouri
[01:11:41.240 --> 01:11:49.720]  concerning filing criminal complaints. In Texas, when you look at filing criminal complaints,
[01:11:49.720 --> 01:11:58.920]  what is telling is what's not there. There is nothing in law that gives a police officer
[01:11:58.920 --> 01:12:08.760]  a special capacity to file a criminal complaint. When a criminal complaint and a police officer
[01:12:08.760 --> 01:12:15.000]  has a right to arrest people and he has a right to investigate crime, but there's nothing in there
[01:12:16.680 --> 01:12:20.200]  giving him a special capacity to file a criminal complaint.
[01:12:20.200 --> 01:12:31.480]  Right. That capacity comes with his citizenship. Every citizen has a duty to report crime.
[01:12:32.120 --> 01:12:38.360]  When a policeman comes before the court and reports a criminal act, he does not do so in
[01:12:38.360 --> 01:12:46.920]  his capacity as a police officer or a peace officer. He does so in his capacity as a citizen,
[01:12:46.920 --> 01:12:56.040]  just like you. And in Texas, there is nothing in law that directs a criminal complaint to a policing
[01:12:56.040 --> 01:13:06.600]  agency. Absolutely nothing. The only things that direct criminal complaints to any individual or
[01:13:06.600 --> 01:13:18.840]  any entity are magistrates. All complaints are directed to magistrates. It is their duty to
[01:13:20.280 --> 01:13:25.400]  keep peace in the county by all legal means. And in Texas, it says when a magistrate sits
[01:13:25.400 --> 01:13:30.760]  for the purpose of examining into a criminal accusation, that is an examining trial.
[01:13:30.760 --> 01:13:40.200]  And chapter 16 covers an examining trial. These laws go to due process. Every state is going to
[01:13:40.200 --> 01:13:48.200]  have some form of laws to ensure due process. Now, Pennsylvania, for instance, you can't go to a
[01:13:48.200 --> 01:13:58.680]  grand jury. Only the district court can, and the district court can panel a grand jury at their
[01:13:58.680 --> 01:14:06.440]  discretion. So you don't have direct access to a grand jury like you do at most states. But where
[01:14:06.440 --> 01:14:16.360]  you don't have one thing, you'll have something else. We have laws designed to address the
[01:14:16.360 --> 01:14:24.920]  idiosyncrasies and weaknesses of the human nature. Every state you go to is populated by the same
[01:14:24.920 --> 01:14:31.080]  human beings, with the same human nature. So they will have these checks and balances.
[01:14:31.880 --> 01:14:42.040]  They may be in different places. In Texas, we have a section 39 of the penal code that addresses
[01:14:43.560 --> 01:14:49.160]  crimes that only public officials can commit. Every state is going to have one of those. And
[01:14:49.160 --> 01:14:54.920]  it'll go to official misconduct or official oppression. Some states have more laws in this
[01:14:54.920 --> 01:15:03.080]  regard than the other. But the official oppression statute reflects 18 U.S. Code 242, which we talked
[01:15:03.080 --> 01:15:11.560]  about earlier. Everybody should have this particular statute burned in their brain.
[01:15:11.560 --> 01:15:20.280]  If a public official fails to perform a duty he is required to perform, and in the process denies
[01:15:20.280 --> 01:15:27.240]  a citizen in the full and free access to or enjoyment of a right, that's a criminal act.
[01:15:29.400 --> 01:15:35.080]  So I go to the district court in Denton and ask, who is the meanest, rotten, stinking, low-down
[01:15:35.080 --> 01:15:40.040]  district judge in the district? They tell me Judge Shipman. And I say, well, I'm not going to
[01:15:40.040 --> 01:15:44.680]  tell you. They tell me Judge Shipman. So I go to his court. He's having motion hearings. I walk
[01:15:44.680 --> 01:15:51.560]  up to the bar and I point at the bailiff and I say, you, come here. They hate that. So he comes over
[01:15:51.560 --> 01:15:55.880]  and he says, can I help you? My name's Randall Kelt, instructor judge, and I have business with
[01:15:55.880 --> 01:16:00.680]  the court. He said, may I tell the judge the nature of the business? They always say that.
[01:16:01.320 --> 01:16:05.560]  No, you may not. I have business with the court and it's none of yours you're dismissing. I
[01:16:05.560 --> 01:16:13.480]  flick my fingers at him and he is furious. He wants to yank me across that bar, but it's not
[01:16:13.480 --> 01:16:17.720]  his court. So he doesn't. So he runs up to the judge and jibber jabber, jibber jabber,
[01:16:17.720 --> 01:16:21.560]  and the judge jibber jabber, jibber jabber. And he looks out at me and I'm sitting here holding
[01:16:21.560 --> 01:16:31.000]  this red folder and the judge wants to know what's in it. Bad mistake. What's in it are criminal
[01:16:31.000 --> 01:16:37.080]  charges against the district clerk for not giving criminal charges against the district attorney to
[01:16:37.080 --> 01:16:42.200]  the grand jury and the charges against the district attorney or for not taking my criminal
[01:16:42.200 --> 01:16:49.720]  complaints against the public official. That was so much fun. I'll explain the routine when I come
[01:16:49.720 --> 01:16:56.280]  back. Randy Kelton, Steve Skidmore, Rule of Law Radio. I call him number 512-646-1984.
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[01:19:53.480 --> 01:20:17.160]  Okay, we are back. Randy Kelton, Steve Skidmore, Ruval Radio, and what we're talking about is
[01:20:17.160 --> 01:20:26.600]  politics. Now, you know, we've been doing this show for quite a while and we do the show for
[01:20:26.600 --> 01:20:32.440]  the legal reform community. We have a number of people in the legal reform community who
[01:20:33.560 --> 01:20:41.400]  do research on different laws and such and they tend to come on the show and they talk about how
[01:20:41.400 --> 01:20:48.120]  the law says this, the law says that, and the law says the other. And it took a while for me to
[01:20:48.120 --> 01:20:57.640]  finally realize that that doesn't really mean much. It just doesn't matter what the law says
[01:20:59.800 --> 01:21:05.640]  because our public officials are going to do whatever they want to as long as we allow them to.
[01:21:05.640 --> 01:21:12.600]  If we don't correct their bad behavior, they will take the power and authority that we give them
[01:21:13.480 --> 01:21:19.560]  and they will abuse that power and authority. I opened a restaurant once and I got a security
[01:21:19.560 --> 01:21:28.040]  camera and put it over the cash register and pointed it down at the register. And I had three
[01:21:28.040 --> 01:21:34.200]  people working for me who I really liked these people and I considered them to be very, very
[01:21:34.200 --> 01:21:39.000]  I considered them to be very honest. And one of them asked me, why are you putting that there?
[01:21:40.040 --> 01:21:47.720]  I told her it's my job that I owe it to you folks to keep you honest. Well, we wouldn't steal from
[01:21:47.720 --> 01:21:54.600]  you. No, you probably wouldn't unless you have some medical emergencies and your life is turning
[01:21:54.600 --> 01:22:01.560]  upside down and you've got a bill you absolutely have to pay and you work in the register and I've
[01:22:01.560 --> 01:22:10.760]  made it easy for you to dip into the till. Then I will have turned you into a criminal.
[01:22:13.160 --> 01:22:20.840]  And I have a duty not to do that. What I didn't tell them is I never hooked up that camera.
[01:22:23.080 --> 01:22:30.520]  But the point of it was, is I was the owner. I had a duty to the people that worked for me
[01:22:30.520 --> 01:22:40.120]  to understand the pressures that affect them and protect them from themselves in certain situations.
[01:22:41.400 --> 01:22:49.160]  We hire police officers and public officials and we ask those public officials to enforce our laws
[01:22:49.160 --> 01:22:59.560]  to protect us. We even ask them to enforce our laws against us in order to keep our attention
[01:22:59.560 --> 01:23:08.120]  to keep us from doing stupid things that would get us killed because we're distracted or not
[01:23:08.120 --> 01:23:14.280]  thinking. There was a place I would drive to work early in the morning at a two blacktop roads out
[01:23:14.280 --> 01:23:20.520]  in the country, a T intersection with a stop sign. It's out in the middle of nowhere, no houses
[01:23:20.520 --> 01:23:25.960]  anywhere around and I thought they just put the stop sign there just so they could, some cop could
[01:23:25.960 --> 01:23:31.720]  sit over there and give us a ticket. And I pulled up there one morning and I stopped and I looked to
[01:23:31.720 --> 01:23:38.440]  my right. I looked to my left. I didn't see anything. So I started to pull out and this
[01:23:38.440 --> 01:23:46.920]  rock truck blasted past me. And I was astounded. Where on earth did he come from? I got out of the
[01:23:46.920 --> 01:23:53.720]  car, walked out into the road and I had always turned right. I never turned left.
[01:23:53.720 --> 01:23:59.400]  And when I got out on the road and looked down the road, the road went out about a hundred yards
[01:23:59.400 --> 01:24:07.320]  and then it shifted over half the width of the road. So when I looked down the road, it appears
[01:24:07.320 --> 01:24:15.480]  to me as though I could see down the road. But the oncoming lane was hidden from me by the slight
[01:24:15.480 --> 01:24:24.200]  turn in the road. If I had not stopped at that stop sign worrying about some aggravating sheriff's
[01:24:24.200 --> 01:24:28.760]  deputy waiting over there to nail me with a ticket, that rock truck would have killed me.
[01:24:30.760 --> 01:24:41.080]  We hire our public officials and ask them to help protect us even against ourselves. Then we don't
[01:24:41.080 --> 01:24:52.120]  return the favor. We are the masters. They are the servants. It is our duty to keep our masters
[01:24:52.120 --> 01:25:00.040]  within the confines of the authority we have given them. And what we talk about here is how to go
[01:25:00.040 --> 01:25:09.240]  about doing that. It's all political. So we create a little politics. You go in and you
[01:25:09.240 --> 01:25:13.720]  file a criminal complaint with the chief of police against his police officer and he refuses to take
[01:25:13.720 --> 01:25:21.480]  the complaint. At least you hope he does. And then when he doesn't take the complaint, then you go to
[01:25:21.480 --> 01:25:27.160]  the district attorney with a criminal complaint against the chief of police. And when he refuses
[01:25:27.160 --> 01:25:33.400]  to act, you go bushwack the meanest, rotten, no good, lousy district judge in the district like
[01:25:33.400 --> 01:25:39.400]  I did Shipman and hand him a set of criminal complaints that start out with a complaint against
[01:25:39.400 --> 01:25:48.440]  a constable and goes to the head constable, goes to the sheriff's department, goes to the magistrate
[01:25:48.440 --> 01:25:56.760]  and then goes to the district attorney. And now I'm at the district judge. District judge, he sees
[01:25:56.760 --> 01:26:01.320]  the red document and he can't help himself. I said, Your Honor, may I approach? And I hold up the
[01:26:01.320 --> 01:26:06.440]  document. That means can I give you this document? He sends a bailiff over to retrieve it. Bailiff
[01:26:06.440 --> 01:26:11.640]  gives it to him. He opens it up and he sees criminal complaints against the district judge,
[01:26:11.640 --> 01:26:19.480]  the district clerk, because I filed complaints with a county clerk who was required by 1730 code of
[01:26:19.480 --> 01:26:26.280]  criminal procedure to send the documents to the, I'm sorry, filed with a county judge who was required
[01:26:26.280 --> 01:26:33.560]  to send them to the district clerk under 1731, 17.31 code of criminal procedure, who was then
[01:26:33.560 --> 01:26:37.560]  required to keep all those documents safe and deliver them up to the next grand jury.
[01:26:37.560 --> 01:26:43.400]  She didn't deliver them up to the next grand jury, so I filed against her. And the judge looked at
[01:26:43.400 --> 01:26:46.840]  these and said, well, Mr. Kelton, these are criminal complaints. Yes, Your Honor, they are.
[01:26:47.880 --> 01:26:52.680]  Well, I'd normally give them to the prosecuting attorney, but since he's implicated, I can't do
[01:26:52.680 --> 01:26:56.600]  that. I said, yes, Your Honor, if you gave those to the district attorney, I'd consider that a
[01:26:56.600 --> 01:27:01.720]  criminal act. Oh, you wouldn't, Mr. Kelton. Yes, Your Honor, I would. Well, Mr. Kelton, what do you
[01:27:01.720 --> 01:27:07.880]  suggest I do with them? I said, well, Judge, you're a high level judge and learned counsel.
[01:27:08.600 --> 01:27:12.600]  I figured you'd come up with something real interesting to do with them. Well, Mr. Kelton,
[01:27:12.600 --> 01:27:16.600]  I'll just give these to the foreman of the grand jury. Thank you very much, Your Honor. I'd
[01:27:16.600 --> 01:27:22.920]  appreciate that. And then the judge is kind of miffed. So he said, I was wearing just a work shirt
[01:27:23.720 --> 01:27:30.840]  and jeans. Mr. Kelton, don't you want a suit? I said, yes, Your Honor, at last count, I own 35.
[01:27:30.840 --> 01:27:35.800]  Well, why aren't you wearing one in my courtroom? I said, well, Judge, I'm here on a scoople
[01:27:36.760 --> 01:27:42.280]  and I've only got one. I didn't want to be confused with all these suits and appointed all these
[01:27:42.280 --> 01:27:48.840]  lawyers sitting out there. They got lots of scruples, Judge, and all of them for sale or rent.
[01:27:50.760 --> 01:27:57.800]  And to the judge's credit, he kind of ducked his head, put his head in his hand, shook his head and
[01:27:57.800 --> 01:28:04.680]  said, boy, I walked right into that one. And I said, yes, Your Honor, I want to thank you.
[01:28:04.680 --> 01:28:10.440]  I have been waiting a long time to deliver that line. Yes, Mr. Kelton, I bet you have.
[01:28:11.480 --> 01:28:19.480]  But you see, now I have nailed the district judge and the district judge is not going to be
[01:28:19.480 --> 01:28:26.840]  a happy camper. And he's going to go to the prosecutor and say, what in the heck is going on?
[01:28:26.840 --> 01:28:32.680]  I got some citizen in here trying to get me to arrest you because you wouldn't take a complaint
[01:28:32.680 --> 01:28:38.040]  against this jacked leg police officer over here. You want to tell me what's going on here?
[01:28:39.480 --> 01:28:44.760]  That's called politics. That gets everybody hopping up and down.
[01:28:46.360 --> 01:28:51.960]  And the one on the end of the chain, he gets the most out of it.
[01:28:51.960 --> 01:28:58.920]  And the one on the end of the chain, he gets the most hopping up and down on.
[01:29:00.920 --> 01:29:06.680]  Jeff, were you ever in the military? Oops, hold on. Let me unmute you.
[01:29:07.480 --> 01:29:10.920]  There you go. Were you ever in the military? No.
[01:29:12.280 --> 01:29:17.000]  Well, I was in the military. And in the military, one of the things I learned real quick
[01:29:17.000 --> 01:29:21.800]  was according to the Uniform Code of Military Justice, if you had a problem, you had to go
[01:29:21.800 --> 01:29:26.680]  through your chain of command. But if you did not feel that you could get satisfaction from
[01:29:26.680 --> 01:29:31.640]  your chain of command, you can always go to the attorney general. So I'd always go to the attorney
[01:29:31.640 --> 01:29:36.040]  general. He would go to the base commander. The base commander would go to my officer in charge.
[01:29:36.040 --> 01:29:44.360]  Officer in charge would go to my NCOIC. My NCOIC would go to my OIC, or my direct supervisor.
[01:29:44.360 --> 01:29:50.520]  And he did not care what happened. He just did not want it to happen again. So I apologize.
[01:29:50.520 --> 01:29:57.080]  Hang on. Randy Kelton, there was Stevens, Steve Skidmore, Wheel of Law Radio. We'll be right back.
[01:30:01.960 --> 01:30:07.080]  Old enough to remember air raid drills? We all remember fire drills. And being from LA,
[01:30:07.080 --> 01:30:11.320]  I remember earthquake drills. But now kids are getting terror drills.
[01:30:11.320 --> 01:30:15.000]  I'm Dr. Catherine Albrecht. Back with details in a moment.
[01:30:15.880 --> 01:30:21.400]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:30:21.400 --> 01:30:26.200]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:26.200 --> 01:30:32.360]  So protect your rights. Say no to surveillance and keep your information to yourself. Privacy,
[01:30:32.360 --> 01:30:37.560]  it's worth hanging on to. This public service announcement is brought to you by Startpage.com,
[01:30:37.560 --> 01:30:43.480]  the private search engine alternative to Google, Yahoo, and Bing. Start over with Startpage.
[01:30:44.920 --> 01:30:49.160]  Believe it or not, kindergarten and first grade students are now required by law to
[01:30:49.160 --> 01:30:54.120]  participate in monthly terrorism drills, including active shooter lockdowns,
[01:30:54.120 --> 01:30:59.560]  bomb threats, and evacuation exercises. Active shooter lockdowns in kindergarten?
[01:30:59.560 --> 01:31:04.520]  Do we really need mock SWAT teams traumatizing a generation of youngsters? If anything,
[01:31:04.520 --> 01:31:09.640]  these drills will just give terrorists a blueprint to increase casualties and plot their escape.
[01:31:09.640 --> 01:31:14.760]  Scaring kids into seeing terrorists under every rock is a bad psychological move for our nation.
[01:31:14.760 --> 01:31:18.920]  But it does ensure funding for the wasteful liberty-stealing war on terror.
[01:31:18.920 --> 01:31:23.480]  It also guarantees that our kids will grow up into fierce, subdued, compliant adults.
[01:31:23.480 --> 01:31:35.000]  I'm Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:53.480 --> 01:31:58.280]  My son, my uncle, my nephew, my son. Go to buildingwatt.org. Why it
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[01:33:00.200 --> 01:33:11.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:30.440 --> 01:33:37.160]  To them, that's a capability available for all eternity. They come from natural
[01:33:37.160 --> 01:33:45.000]  divinity with step-by-step rules and authenticity. To them, that's a regal dignity
[01:33:45.000 --> 01:33:53.800]  and rebuild the crime divinity. And I say, truth in nature must be justice, I believe.
[01:33:53.800 --> 01:34:05.880]  Truth in nature must be justice. And though it's a daunting task, at least I got the decency.
[01:34:05.880 --> 01:34:12.680]  I'll send more to just take off the silly minds. And in the light of day we all will
[01:34:12.680 --> 01:34:24.360]  find the tools of ingenuity. The tools of ingenuity. Okay, we are back. My name is Kelton,
[01:34:24.360 --> 01:34:29.160]  Deborah Stevens, Steve Skidmore, Wheelbar Radio, and we're talking to Jeff in Missouri.
[01:34:29.160 --> 01:34:44.280]  Jeff, I hope what I'm talking about makes sense to you. If you get this, you will very quickly
[01:34:44.280 --> 01:34:55.720]  realize how much power you really have. This whole show that I do is about finding the one or two
[01:34:55.720 --> 01:35:05.960]  percent who are willing to stand up against these thugs and treat them as if they are your children
[01:35:05.960 --> 01:35:15.160]  or your servants. And take them to task. They are not accustomed to someone taking them to task.
[01:35:15.160 --> 01:35:25.240]  And the prescription that I'm presenting is rather carefully crafted in order to
[01:35:25.240 --> 01:35:33.240]  automatically avoid a lot of the common problems that we have. If you go in and ask a public
[01:35:33.240 --> 01:35:39.560]  official to do something you're actually wanting to do, then when he doesn't do it, you feel
[01:35:40.200 --> 01:35:51.240]  mistreated, betrayed, angry, frustrated. You get agitated. You become easily manipulated into a
[01:35:51.240 --> 01:35:57.240]  confrontation. Confrontation are what these people are very good at.
[01:35:59.880 --> 01:36:04.920]  When they can't manipulate you into a confrontation, they do not know how to deal with you.
[01:36:06.760 --> 01:36:10.120]  This is something that happened recently. I've told it a couple of times.
[01:36:10.120 --> 01:36:16.120]  I went into a court in Mansfield, Texas, into JP court, and there was a hearing in front of
[01:36:16.120 --> 01:36:22.120]  mine, so I stood up by the bar and the judge finally looked up and he said, can I help you?
[01:36:22.120 --> 01:36:28.200]  I said, yes, Your Honor, my name is Randy Kelton and I have a hearing deficiency.
[01:36:28.200 --> 01:36:30.920]  Well, Mr. Kelton, what's the problem with your hearing? Well, Judge,
[01:36:32.200 --> 01:36:38.120]  I was down in Mexico last week and I drank too much of that tequila and I lost my hearing aid.
[01:36:38.120 --> 01:36:45.960]  Well, why are you telling me this? I said, do you have accommodation for the hearing impaired?
[01:36:45.960 --> 01:36:51.960]  He said, no, I do not. You have a sound system here. Will you turn it up? He said, no, I will not.
[01:36:52.920 --> 01:36:59.400]  Then will you speak up? And he did. He told the beta if I didn't sit down and shut up,
[01:36:59.400 --> 01:37:06.840]  that he was throwing me out of the courtroom. So I sat down and shut up. And then I had my hearing
[01:37:06.840 --> 01:37:13.080]  and I raised a challenge to subject matter jurisdiction and the judge denied the motion
[01:37:13.080 --> 01:37:21.160]  without reading it. And when he denied the motion, I said, well, in that case, we're done here.
[01:37:21.160 --> 01:37:27.240]  And I closed the folder, got up, walked to the bar and pointed to the beta, if you come with me,
[01:37:28.200 --> 01:37:34.600]  I go outside, beta comes out. He says, what can I do for you? I want you to take my criminal
[01:37:34.600 --> 01:37:41.880]  complaint against the judge for official oppression for failure to provide accommodation under the
[01:37:41.880 --> 01:37:50.200]  Americans with Disabilities Act. And the beta said, for what? We wouldn't turn his sound system up.
[01:37:51.960 --> 01:37:56.200]  He said, well, why didn't you tell him about the Americans with Disabilities Act?
[01:37:57.000 --> 01:38:03.000]  If I had done that, he might have turned the sound up. Then I wouldn't get to present him to a grand
[01:38:03.000 --> 01:38:14.360]  jury. The beta looked at me. You set him up for that. Yes, matter of fact, I did.
[01:38:18.760 --> 01:38:25.960]  Never ask a public official to do anything you actually want them to do, because you
[01:38:25.960 --> 01:38:34.760]  only ask them to do what the law specifically commands them to do so that when they don't do it,
[01:38:34.760 --> 01:38:39.480]  you're holding out what you want in one hand and you've got a club in the other.
[01:38:40.840 --> 01:38:49.160]  When they don't do it, oh, goody. And you never, ever give public officials legal advice.
[01:38:49.160 --> 01:38:57.320]  Yes. In civil behavior, it's appropriate for us to give one another fair warning.
[01:38:58.360 --> 01:39:03.720]  When you go into court or you're dealing with public officials, that is not civil behavior.
[01:39:04.680 --> 01:39:11.400]  That's legal behavior. Then you never give them fair warning. You set them up.
[01:39:11.400 --> 01:39:18.200]  Because the next time you come in, you want them wondering what you're setting them up for.
[01:39:24.200 --> 01:39:30.120]  That's how we get our public officials following our law the way they're supposed to.
[01:39:30.120 --> 01:39:33.880]  You'll be surprised how much better the treatment you get
[01:39:33.880 --> 01:39:42.440]  the next time you go into that venue. Yes, sir, Mr. Kelton. What can I do for you,
[01:39:42.440 --> 01:39:53.640]  Mr. Kelton? When I asked the bailiff to arrest the district clerk in Randall County, this was
[01:39:53.640 --> 01:40:00.200]  so much fun. I filed a writ of habeas corpus. She said that would be a $240 filing fee. No,
[01:40:00.200 --> 01:40:06.920]  it won't. Oh, yeah, I have to charge you. No, no, no, don't tell me that. Go get the district
[01:40:06.920 --> 01:40:12.120]  clerk. Go get Lloyd to come and tell me that. Well, I have to do this. No, no, no, you don't
[01:40:12.120 --> 01:40:17.080]  want to do this because whoever does this, I'm going to call the police department, ask them to
[01:40:17.080 --> 01:40:22.040]  come out and arrest them. And I do not want that to be you. So the clerk went and got Lloyd. Lloyd
[01:40:22.040 --> 01:40:30.280]  come out and said, well, that'll be a $240 filing fee. I said, Lloyd, don't go anywhere. Stay right
[01:40:30.280 --> 01:40:34.760]  there. Somebody is going to want to talk to you. And I took out my phone, dialed 9-1-1,
[01:40:34.760 --> 01:40:39.640]  asked the police to come out and arrest him for class A misdemeanor or official misconduct.
[01:40:40.360 --> 01:40:48.120]  I mean, official oppression. So the dispatcher always argues with you a little bit. She argued
[01:40:48.120 --> 01:40:53.960]  a little bit and I crawled down her throat and she said she'd dispatch. And I could not have
[01:40:53.960 --> 01:40:59.240]  choreographed this better. This big old fat sergeant comes in in the back and he says,
[01:41:00.200 --> 01:41:05.960]  what seems to be the problem here? And I said, the problem is you don't have pencil and paper.
[01:41:06.760 --> 01:41:12.920]  Well, why do I need pencil and paper to take a criminal complaint against the district clerk
[01:41:12.920 --> 01:41:19.880]  here? Well, why would I take a complaint against the district clerk? Because he's a criminal.
[01:41:19.880 --> 01:41:29.240]  That's why. It went downhill from there. They never took the complaint, but I jerked him around and I
[01:41:29.240 --> 01:41:37.080]  just had a great time. The next day I was in the courthouse and I saw Lloyd. Hello Lloyd, how's it
[01:41:37.080 --> 01:41:43.640]  going? Fine, Mr. Kelton, you're going to try to get me arrested again today? Oh, no, no, heck.
[01:41:44.200 --> 01:41:50.200]  Heck, Lloyd, I was just joking the other day. Wasn't that a hoot? He said, I don't think it's
[01:41:50.200 --> 01:41:59.000]  very funny. Well, the reason I did that is 11.051 Texas Code of Criminal Procedure says
[01:41:59.000 --> 01:42:11.800]  that a filing fee for a writ of habeas corpus is prohibited. What part of that was hard to
[01:42:11.800 --> 01:42:20.280]  understand. Now, did I tell Lloyd that it was in there? Nah, that's what the district attorney's
[01:42:20.280 --> 01:42:26.360]  for. The district attorney is the one that gives him legal advice. Now, what do you think Lloyd's
[01:42:26.360 --> 01:42:33.720]  going to do the next time somebody comes in to file a habeas corpus? You think he's going to charge
[01:42:33.720 --> 01:42:45.240]  a filing fee? Nope. This is our job. We are the masters. They are the servants. They're just like
[01:42:45.240 --> 01:42:52.760]  our grandkids. I love my grandkids dearly, but if one of them runs out in the road, I'm fixing to
[01:42:52.760 --> 01:43:01.720]  tan his hide. Now, I never wanted Lloyd arrested. It's kind of like my daddy's old red mule.
[01:43:01.720 --> 01:43:05.880]  Every once in a while, he'd have to pick up a tube before and whack him upside the head.
[01:43:06.680 --> 01:43:11.720]  He said, never abuse your animals, but sometimes you just got to get their attention.
[01:43:13.400 --> 01:43:19.560]  Hang on, Randy Kelton, Deborah Stevens, Steve Stewart. We've still got nearly a minute, Randy.
[01:43:19.560 --> 01:43:25.720]  I see it. I'm counting. Okay. Thank you guys very much. I sure do appreciate it.
[01:43:25.720 --> 01:43:29.720]  You're quite welcome, Jeff. Do you have any other questions for the other side?
[01:43:31.720 --> 01:43:36.040]  No, I sure don't. Just God bless you guys and I'll be listening more often.
[01:43:36.040 --> 01:43:40.920]  Okay. Yeah, keep listening. We go through these things. It takes a few times of hearing these
[01:43:40.920 --> 01:43:48.280]  for it to begin to settle in. It's a lot easier than it sounds, and it does get to be way too
[01:43:48.280 --> 01:43:53.080]  much fun. Randy Kelton, Steve Skidmore, Wheelbarradio. We'll be right back.
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[01:46:22.360 --> 01:46:33.160]  Okay, we are back. Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:46:34.040 --> 01:46:38.920]  And we have a caller. We have Anus from rectum.
[01:46:41.880 --> 01:46:45.880]  That's not what his name actually says, but I can't say what it actually says.
[01:46:45.880 --> 01:46:52.440]  So hello, Mr. Anus. Not on the air anywhere. Should I call you Anus or rectum?
[01:46:53.080 --> 01:46:55.240]  Yeah, I'll answer to you the one. It doesn't matter.
[01:46:56.600 --> 01:47:00.760]  Just don't call you late for dinner. That's right. That's exactly right.
[01:47:04.680 --> 01:47:10.600]  I heard something about something chomp. So I am calling to talk to the chomp. I don't know
[01:47:10.600 --> 01:47:16.760]  who that would be. Well, Randy, you got it. Listen up, Steve. We'll let Randy take this call.
[01:47:19.560 --> 01:47:25.400]  Okay. I'll be brief because I know there's not a lot of time left, but okay. So Randy, I've heard
[01:47:25.400 --> 01:47:38.200]  you talking about using the Texas Government Code 51.901C definition of fraudulent as applied
[01:47:38.200 --> 01:47:47.000]  to client title cases and trespass to try title cases. I've been doing some study into this.
[01:47:49.720 --> 01:47:57.880]  Okay. So I'll just very briefly touch on the latter part of that. For a trespass to try title
[01:47:57.880 --> 01:48:05.320]  action, that's a purely statutory action under, there's a whole section in the property code,
[01:48:05.320 --> 01:48:10.760]  chapter 22, that deals with it. And then there's an entire section of the Texas Rules of Civil
[01:48:10.760 --> 01:48:20.760]  Procedure 783-809 that deal with just trespass to try title suits. The element to prevail in the
[01:48:20.760 --> 01:48:27.080]  trespass to try title action, a plaintiff has to prove a regular chain of conveyances from the
[01:48:27.080 --> 01:48:34.440]  sovereign or establish the superiority of title out of a common source or prove title by limitations
[01:48:34.440 --> 01:48:39.640]  or prove title by prior possession, coupled with proof that possession was not abandoned.
[01:48:40.520 --> 01:48:45.800]  And they all also must prevail on the superiority of the zone title and not the weakness of the
[01:48:45.800 --> 01:48:55.880]  defendant. Okay. And then so looking at the government code of fraudulent, the elements
[01:48:55.880 --> 01:49:00.360]  of that are that the document purports to create a lien or assert a claim against real or personal
[01:49:00.360 --> 01:49:05.560]  property or an interest in real or personal property. Two, that the document or instrument
[01:49:05.560 --> 01:49:09.720]  is not provided for by state or federal law or constitutional provision. And three,
[01:49:10.600 --> 01:49:14.600]  that the document is not created by implied or expressed consent or agreement of the
[01:49:14.600 --> 01:49:17.160]  obliger debtor or the owner of the real or personal property.
[01:49:17.160 --> 01:49:25.080]  Okay. Wait, hold on. Did it say and or or? These are all and. These are, you have to prove all of
[01:49:25.080 --> 01:49:35.000]  these would know a document. Okay. I don't think you're reading that right. A document can be a
[01:49:35.000 --> 01:49:45.000]  regular document. It can be of a type that is normally filed. But if any one of these elements
[01:49:45.000 --> 01:49:51.480]  are there, then the document is considered fraudulent. It doesn't have to have all of them.
[01:49:51.480 --> 01:49:59.880]  Well, it actually, I know it doesn't appear that way. And from reading the code, it's easy to get
[01:49:59.880 --> 01:50:05.480]  the impression that it's and actually in the code, those elements are connected by the word or.
[01:50:06.360 --> 01:50:12.920]  Okay. So it would appear that if any one of those elements are true, then the document can be
[01:50:12.920 --> 01:50:17.560]  presumed fraudulent. Yeah, that's where I was going. It doesn't have to be and don't have to
[01:50:17.560 --> 01:50:22.680]  it doesn't have to be and don't have to have all three of them. Well, but the courts are saying
[01:50:22.680 --> 01:50:27.400]  here's what the courts are saying. If you look, for example, at Cardenas Lee Wilson
[01:50:28.840 --> 01:50:38.680]  and Henry Hai Quang and a few others. Okay. And this is actually this is actually a quote
[01:50:39.320 --> 01:50:45.000]  from a court is that the trial court may presume a document is fraudulent only if it makes one
[01:50:45.000 --> 01:50:51.000]  positive finding and three negative findings about the document. If the document is provided for by
[01:50:51.000 --> 01:50:56.680]  constitution or statute, or if it is created by agreement, or if it is created or imposed by a
[01:50:56.680 --> 01:51:03.960]  court, then it is not presumed fraudulent under 51.9012C. And then there's several other cases
[01:51:03.960 --> 01:51:10.360]  that say, and then this is another quote, the court must affirm it would find that the document
[01:51:10.360 --> 01:51:15.240]  purports to create a lien or assert a claim against real or personal property or an interest in real
[01:51:15.240 --> 01:51:20.760]  or personal property. Additionally, in order to find the subject document fraudulent, the court
[01:51:20.760 --> 01:51:27.000]  must also determine that the document is not one or any of the following three types of legitimate
[01:51:27.000 --> 01:51:33.560]  liens or claims. One, a document or instrument provided for by state or federal law or constitutional
[01:51:33.560 --> 01:51:38.520]  provision. Two, created by implied or expressed consent or agreement of the obliged or debtor
[01:51:38.520 --> 01:51:42.840]  or the owner of the real or personal property. Three, imposed by a court as an equitable
[01:51:42.840 --> 01:51:48.440]  constructive or other lien. And then I've seen a bunch of cases, the High Claim case,
[01:51:50.840 --> 01:51:55.640]  Enri, a purported lien or claim, Melissa K. Bishop, and a few others where the courts are
[01:51:55.640 --> 01:52:01.160]  actually finding that neither an appointment of substitute trustee nor a notice of substitute
[01:52:01.160 --> 01:52:10.600]  trustee sale nor a deed of trust can be presumed fraudulent under 51.901 simply because each
[01:52:10.600 --> 01:52:15.880]  document or instrument is provided for by Texas law. And therefore, the court could not make all
[01:52:15.880 --> 01:52:22.440]  of the required three negative findings and one positive finding. So I'm trying to figure out how
[01:52:22.440 --> 01:52:35.080]  to connect this to trespass to try title suits. I'm not sure exactly what you're asking.
[01:52:35.800 --> 01:52:42.280]  You're asking for a nexus. Yeah. Well, I'm looking for me to say that I have to find this finding
[01:52:42.280 --> 01:52:50.840]  or that finding or this other finding. Normally, the documents I'll go after will be a deed of
[01:52:50.840 --> 01:52:58.760]  trust or a appointment of substitute trustee or an assignment of mortgage. If I
[01:53:02.280 --> 01:53:10.840]  do a, for instance, an assignment of mortgage, then, okay, that is a problem. I'd have to see
[01:53:10.840 --> 01:53:19.240]  the case law to say that where they have to find three negative findings, that's so vague in general
[01:53:19.240 --> 01:53:25.320]  as it doesn't make sense. Well, and I'll send you the cases and they do go on to explain,
[01:53:25.320 --> 01:53:29.880]  but they are, I've seen a lot of cases and a lot of these are fairly recent. In other words,
[01:53:29.880 --> 01:53:37.000]  since, you know, 2011, 2012, some of them all the way up to October of 2013, where somebody is
[01:53:37.000 --> 01:53:43.160]  trying to challenge a deed of trust and or a substitute trustee deed and or an assignment
[01:53:43.160 --> 01:53:49.320]  based on the 51.901 government code definition of fraudulent. And the court is saying, nope,
[01:53:49.320 --> 01:53:53.400]  we are not going to presume it fraudulent because we could not make our negative findings
[01:53:53.400 --> 01:53:59.640]  as to the document not being provided for by law. And they're saying, indeed, a trust is provided
[01:53:59.640 --> 01:54:05.800]  for by law and an assignment is provided for by Texas law. And so they cannot make one positive
[01:54:05.800 --> 01:54:11.720]  and three negative findings when they're throwing them out. But that's also going to go to how
[01:54:11.720 --> 01:54:21.240]  the claim against the document was made. If I go in there and say, this is a style of document
[01:54:21.240 --> 01:54:31.880]  provided for by law. And it is a kind of document that's authorized to be filed in the county
[01:54:31.880 --> 01:54:42.360]  in the county record. But the person who filed the document has nothing in the record to show
[01:54:42.360 --> 01:54:51.080]  that either he or the entity for whom he presumed to act had authority to actually file this document.
[01:54:52.200 --> 01:54:59.480]  So is the court going to say that anybody can file anything they want to in the court record?
[01:54:59.480 --> 01:55:07.480]  And you can't challenge that document if they use a standard form. Or are they going to say
[01:55:07.480 --> 01:55:18.520]  you can't challenge it under 5901C? They're going to say that the 51.901C
[01:55:18.520 --> 01:55:27.400]  definition, first of all, does not apply here. And also, we cannot presume that fraudulent
[01:55:27.400 --> 01:55:37.080]  as defined by 51.901C because in order to do that, we need to find that the document is not
[01:55:37.080 --> 01:55:42.520]  provided for by law. And of course, deeds of trust and assignments and whatnot are not provided for
[01:55:42.520 --> 01:55:51.960]  by law. Is there language in 51.901C under that definition for fraudulent document? Does the
[01:55:51.960 --> 01:56:02.440]  statute say for this section? Yes. Yes, it does. Okay, then you can't take it outside that section
[01:56:02.440 --> 01:56:10.120]  to apply it to other sections of code. You could if there are other statutes. Because a lot of times
[01:56:10.120 --> 01:56:16.760]  you'll see a definition that says for purposes of this section, this definition means this and that.
[01:56:16.760 --> 01:56:24.280]  But then other statutes and other bodies of code that will point back to it. But I've surfed all
[01:56:24.280 --> 01:56:30.360]  through the code. And the only things all throughout all Texas statutes that rely on that
[01:56:30.360 --> 01:56:38.120]  51.901C definition of fraudulent are a very limited set of procedures in Chapter 51 of the
[01:56:38.120 --> 01:56:45.400]  government code itself. In other words, the statutory procedure under 51.9013 and the
[01:56:45.400 --> 01:56:52.520]  51.9013. And then there's a couple of other ones. Right. But what I'm getting at is if a statute says
[01:56:53.080 --> 01:57:00.440]  for the purposes of this section, and then it gives a definition, it's not common practice to
[01:57:00.440 --> 01:57:07.080]  take that definition and apply it to other sections of code. Right. And you will commonly see like,
[01:57:07.080 --> 01:57:12.360]  for example, you'll see things in the government code that rely on the penal code definition of
[01:57:12.360 --> 01:57:16.120]  something or you'll see something in the criminal code that says... Right. I went down this road
[01:57:16.120 --> 01:57:27.640]  with the word shall. In Texas local government code, the word shall is defined as imposes a duty.
[01:57:28.840 --> 01:57:37.320]  But in other sections of code, shall doesn't impose a duty. Right. And I have some... I don't
[01:57:37.320 --> 01:57:41.160]  know if I've shared you the software that I wrote, but I used that to search every single
[01:57:41.160 --> 01:57:49.560]  Texas statute on the books, looking for statutes that rely on the 51.901P definition of fraudulent.
[01:57:49.560 --> 01:57:56.520]  And there's only like four things in there that actually do. Interesting. And it's fairly... This
[01:57:56.520 --> 01:58:02.760]  statute is fairly recent. They passed it specifically to stop the Republic of Texas from filing
[01:58:02.760 --> 01:58:12.040]  those documents. We get to turn it back on them. I am sorry, Anus, but we are out of time.
[01:58:15.640 --> 01:58:21.960]  This one will go down in history. This is Randy Kelton, Steve Skidmore, Rule of Law Radio.
[01:58:23.160 --> 01:58:29.160]  This is the end of our four hour info marathon. We will be back next Thursday at eight for our
[01:58:29.160 --> 01:58:35.720]  two hour show with Debra Stevens. And then Steve and I will be back here next Friday with another
[01:58:36.280 --> 01:58:44.840]  four hour info marathon. And don't miss Eddie Craig's traffic show, eight o'clock,
[01:58:44.840 --> 01:58:48.680]  Monday nights. Thank you all for listening. Central time.
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