[00:00.000 --> 00:07.000]  This is the Liberty Beat, your daily source for Liberty news and activist updates.
[00:07.000 --> 00:13.000]  Online at thelibertybeat.com. I'm Brian Hagan with your Liberty Beat for Friday, September 26, 2014.
[00:13.000 --> 00:20.000]  Gold opened today at $1,212. Silver opened at $17.52 and Bitcoin is trading around $399.
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[00:44.000 --> 00:49.000]  In the news today, two days before Attorney General Eric Holder announced his resignation,
[00:49.000 --> 00:55.000]  U.S. District Court Judge John D. Baines ruled that the Department of Justice must release details on documents
[00:55.000 --> 00:58.000]  related to Operation Fast and Furious.
[00:58.000 --> 01:04.000]  Judge Baines ruled that the Department of Justice must submit the material sought by the watchdog group Judicial Watch
[01:04.000 --> 01:06.000]  no later than October 22.
[01:06.000 --> 01:13.000]  The judge called the government's request for more time unconvincing.
[01:13.000 --> 01:18.000]  The FBI director on Thursday criticized the decision by Apple and Google to encrypt smartphone data
[01:18.000 --> 01:22.000]  so it can be inaccessible to law enforcement even with a court order.
[01:22.000 --> 01:27.000]  James Comey told reporters at FBI headquarters that U.S. officials were in talks with the two companies,
[01:27.000 --> 01:32.000]  which he accused of marketing products that would let people put themselves beyond the law's reach.
[01:32.000 --> 01:37.000]  While law enforcement is obviously perturbed that they will no longer be able to legally or illegally intercept people's data,
[01:37.000 --> 01:46.000]  privacy advocates are heralding the moves by the cell phone giants as an important step in the right direction.
[01:46.000 --> 01:51.000]  Hundreds of speeding tickets written by four disgraced Houston Police Department officers were dismissed
[01:51.000 --> 01:54.000]  after their ticket falsification scheme was exposed.
[01:54.000 --> 01:59.000]  Randy Zamora, chief of the Criminal Law Division for the City of Houston Legal Department,
[01:59.000 --> 02:04.000]  said it was in the interest of justice and simply the right thing to do to dismiss the tickets.
[02:04.000 --> 02:10.000]  The I-Team of KHOU in Houston first revealed that Officers Rudolf Barrios, John Garcia, Robert Manzanelles,
[02:10.000 --> 02:16.000]  and Gregory Rosa were listing each other as witnesses for speeding violations, despite the officers not being present.
[02:16.000 --> 02:21.000]  The Gang of Four were allegedly seeking to collect more overtime pay for court appearances.
[02:21.000 --> 02:25.000]  Support for the Liberty Beat comes from Cabo Bobs, southwestern-style burritos,
[02:25.000 --> 02:31.000]  now with two locations in Austin, 500 East Fenway Boulevard and 2828 Rio Grande Boulevard.
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[02:49.000 --> 02:53.000]  This is the Liberty Beat for Friday, September 26, 2014.
[02:53.000 --> 03:16.000]  Check out the website at TheLibertyBeat.com and like us on Facebook, Facebook.com, The Liberty Beat.
[03:16.000 --> 03:27.000]  Well, I received my remedy today. Game in the box, just like they say, I accept it for value right away.
[03:27.000 --> 03:39.000]  It's not sooner, not later. We are originators, and the pathway seems to get straighter every day.
[03:39.000 --> 03:46.000]  And I can take anything that belongs to me and put it to good use.
[03:46.000 --> 04:12.000]  Welcome back to Rule All Radio, folks. Tonight is Friday, September the 26th,
[04:12.000 --> 04:20.000]  where I think we're halfway through our four-hour marathon. Yeah, pretty close.
[04:20.000 --> 04:26.000]  When we left, we were talking with Frances, well, we started to talk with Frances in Colorado,
[04:26.000 --> 04:35.000]  and mentioning bar grievances in court. Tell me more.
[04:35.000 --> 04:42.000]  Well, I wasn't present because my attorney decided not to have me present, and I was sitting down the street, you know,
[04:42.000 --> 04:49.000]  waiting for him to call me, which anyway, and they brought up that I had bar-grieved a bunch of accreditor
[04:49.000 --> 04:55.000]  and their attorneys and an arbitrating attorney some 60-odd times, which is true.
[04:55.000 --> 05:00.000]  Of course, I wasn't in the courtroom, and all the attorneys are completely freaked out by it,
[05:00.000 --> 05:06.000]  including the bankruptcy trustee, and it not only was not struck from the record as tampering with the witness,
[05:06.000 --> 05:13.000]  but it was, I'm just on the verge of getting the transcript, but the judge mentioned it in his ruling.
[05:13.000 --> 05:21.000]  And I've got it on appeal at this point, and there's lots of things that were infactual in my, it's against my-
[05:21.000 --> 05:27.000]  You were, wait a minute, wait a minute, let's make clear, you were denied access to a hearing?
[05:27.000 --> 05:33.000]  My attorney decided not to have me there. He decided that he didn't want me there to be questioned,
[05:33.000 --> 05:40.000]  and so then they questioned my credibility because I wasn't in the courtroom with my attorney.
[05:40.000 --> 05:41.000]  No kidding.
[05:41.000 --> 05:42.000]  He did not call me. No kidding.
[05:42.000 --> 05:43.000]  No kidding.
[05:43.000 --> 05:44.000]  And this entire-
[05:44.000 --> 05:45.000]  Yeah.
[05:45.000 --> 05:49.000]  Yep. Yeah, the entire ruling is all about, you know, how bad I am.
[05:49.000 --> 05:55.000]  Of course, I was pro se up until it got really ugly, and then I thought I better hire an attorney, and I did,
[05:55.000 --> 05:59.000]  and he just absolutely botched it, and the whole thing-
[05:59.000 --> 06:05.000]  I'd say worse than botched it. This sounds intentional. I mean, that's malpractice.
[06:05.000 --> 06:06.000]  You know what-
[06:06.000 --> 06:10.000]  He's putting his toes up to malpractice there.
[06:10.000 --> 06:20.000]  Well, I haven't yet, but he refused to take the appeal, and the whole thing involves a probate case in Florida,
[06:20.000 --> 06:30.000]  and so they're saying that I lied when I told the trustee that I did not expect any inheritance or any windfall during the six months,
[06:30.000 --> 06:35.000]  and I didn't, and it doesn't matter which will it was, and if I won my case in Florida or not,
[06:35.000 --> 06:42.000]  I still wasn't going to get any inheritance in that six months, and they're saying that I lied,
[06:42.000 --> 06:50.000]  and of course my brother hired using the stolen money from the will, hired attorneys here,
[06:50.000 --> 06:55.000]  and he kept the trust- the trustee didn't move forward for six and a half months,
[06:55.000 --> 06:59.000]  and of course I bargrieved him for taking money and being bribed and all that,
[06:59.000 --> 07:06.000]  but they should never have mentioned those bar grievances in the court. Never.
[07:06.000 --> 07:16.000]  That should get a motion to strike the judge, to recuse the judge.
[07:16.000 --> 07:18.000]  Disqualify.
[07:18.000 --> 07:24.000]  I don't know if that goes to disqualification. Disqualification is constitutional.
[07:24.000 --> 07:28.000]  This would go, I think, to recusal.
[07:28.000 --> 07:30.000]  Conflict of interest?
[07:30.000 --> 07:36.000]  No, just that they caused a mistrial.
[07:36.000 --> 07:38.000]  Oh, so a mistrial.
[07:38.000 --> 07:43.000]  That's not the judge's fault, that's her attorney's fault for not having her there.
[07:43.000 --> 07:46.000]  No, no, by mentioning the bar grievances in the court,
[07:46.000 --> 07:56.000]  the counsel intentionally prejudiced the court and declared a petition for a dead mistrial.
[07:56.000 --> 07:58.000]  Okay.
[07:58.000 --> 08:02.000]  Because bar grievances had nothing to do with the case.
[08:02.000 --> 08:11.000]  That was presented only to prejudice the court.
[08:11.000 --> 08:13.000]  Okay.
[08:13.000 --> 08:21.000]  Yes, particularly since you weren't invited to this little soiree.
[08:21.000 --> 08:23.000]  Right.
[08:23.000 --> 08:31.000]  Tell me, if you know it, tell me a little more about, you kind of piqued my interest with this thing,
[08:31.000 --> 08:43.000]  what reason, what good sound logic did your attorney use to convince you not to go into court?
[08:43.000 --> 08:46.000]  He didn't want them to question me.
[08:46.000 --> 08:50.000]  Why? That's what I'm trying to get at, is why?
[08:50.000 --> 08:56.000]  Well, I think that he thought that I didn't have any credibility and I hadn't lied
[08:56.000 --> 09:01.000]  and I had been, you know, I think that it scares the crap out of them from pro se
[09:01.000 --> 09:07.000]  and that then they are coming in behind that, but I had never lied.
[09:07.000 --> 09:09.000]  Not necessarily.
[09:09.000 --> 09:10.000]  Hmm?
[09:10.000 --> 09:13.000]  Not necessarily.
[09:13.000 --> 09:14.000]  Okay.
[09:14.000 --> 09:21.000]  Our firm gets, well, yeah, what I mean by not necessarily is the firm that I work for,
[09:21.000 --> 09:28.000]  we have several clients who have, or have had several clients who come in
[09:28.000 --> 09:33.000]  after filing their own pro se documents.
[09:33.000 --> 09:40.000]  Well, I think that the intentional, you know, the whole point of this entire case
[09:40.000 --> 09:45.000]  and my family coming here is that my brother and mother and sister-in-law changed the will
[09:45.000 --> 09:52.000]  and stole money and they came here with unclean hands to try to get this court to make a ruling
[09:52.000 --> 09:58.000]  which the bankruptcy court has no right to do in a state case.
[09:58.000 --> 10:02.000]  If there is a state remedy, then the bankruptcy court must step aside
[10:02.000 --> 10:05.000]  and allow the state to do that.
[10:05.000 --> 10:09.000]  My brother and mother and sister-in-law came in with monies in order to try to,
[10:09.000 --> 10:13.000]  they held, they kept everything.
[10:13.000 --> 10:18.000]  Have you moved the BK court to step aside?
[10:18.000 --> 10:19.000]  Huh?
[10:19.000 --> 10:29.000]  Have you moved, or do you even have standing to, or capacity to move the court to step aside in this
[10:29.000 --> 10:36.000]  or actually just relinquish and remand this back to the state court, this issue?
[10:36.000 --> 10:39.000]  Well, this is what this whole case was about.
[10:39.000 --> 10:41.000]  This is why I reopened.
[10:41.000 --> 10:47.000]  My attorney, my original attorney didn't tell me that I need, didn't tell me I needed to disclose.
[10:47.000 --> 10:49.000]  I didn't expect any inheritance.
[10:49.000 --> 10:56.000]  We had discussed it and he had, my attorney had no, original attorney had no idea
[10:56.000 --> 10:59.000]  that I would be able to challenge.
[10:59.000 --> 11:00.000]  Okay.
[11:00.000 --> 11:03.000]  They made a proactive statement.
[11:03.000 --> 11:12.000]  Their proactive statement was a presumption or in my, you know, my uneducated opinion, personal opinion.
[11:12.000 --> 11:31.000]  The proactive statement they made was that trying to recollect exactly what the verbiage was there
[11:31.000 --> 11:45.000]  when they made, when the attorneys made the claim that you were, how can I put it, how did they put it?
[11:45.000 --> 11:53.000]  This is what I'm looking for, not of sound mind or would have prejudiced something by your being there?
[11:53.000 --> 11:56.000]  No, my attorney basically...
[11:56.000 --> 12:01.000]  Yeah, how did they, how was that stated?
[12:01.000 --> 12:09.000]  Credibility and when he got out of court and finally I got his email, his email said,
[12:09.000 --> 12:16.000]  well, your credibility was not under question or whatever, but it darn sure was
[12:16.000 --> 12:22.000]  because he didn't tell me that they brought up, I mean, I found out about it when the orders came down
[12:22.000 --> 12:27.000]  and I'm waiting on the transcripts to actually see the statement, but that I had filed.
[12:27.000 --> 12:33.000]  You see, the trustee is scared to death of me because I have accused him of doing exactly what he did
[12:33.000 --> 12:36.000]  and my brother paid for him to have an attorney.
[12:36.000 --> 12:39.000]  The bankruptcy court is a real interesting animal.
[12:39.000 --> 12:45.000]  If the bank cannot get money from the estate, from the bankruptcy debtor's estate
[12:45.000 --> 12:50.000]  in order to fund their fight in the court, they can't fight.
[12:50.000 --> 12:56.000]  They have to generally abandon the case, but my brother was willing to pay for the attorney,
[12:56.000 --> 13:03.000]  for the trustee and for the trustee to have an attorney and for the trustee to substitute himself for me in Florida
[13:03.000 --> 13:08.000]  and then my brother and mother and sister-in-law paid for the attorney in Florida
[13:08.000 --> 13:13.000]  and they accused my attorney in Florida, et cetera, et cetera, et cetera,
[13:13.000 --> 13:20.000]  but this statement on the bar grievances wasn't exactly what Randy said.
[13:20.000 --> 13:25.000]  It was an intentional to prejudice the court against me and everything ends.
[13:25.000 --> 13:29.000]  They ignored the actual fact of the two wills.
[13:29.000 --> 13:31.000]  There was no inheritance.
[13:31.000 --> 13:34.000]  I did not lie in my 341 hearing.
[13:34.000 --> 13:38.000]  I expected absolutely zero inheritance.
[13:38.000 --> 13:43.000]  Okay, that's what I was trying to get to.
[13:43.000 --> 13:48.000]  They're saying that you lied.
[13:48.000 --> 13:51.000]  It's not a question to your liability.
[13:51.000 --> 13:58.000]  They're claiming you of committing perjury of some sort or putting your toes up to it.
[13:58.000 --> 14:00.000]  That's the proactive statement.
[14:00.000 --> 14:10.000]  I was trying to remember exactly how it was that you said that they put it.
[14:10.000 --> 14:16.000]  Okay, now you're making a proactive statement by saying they said I lied.
[14:16.000 --> 14:19.000]  How did they say that?
[14:19.000 --> 14:24.000]  How did they claim that you were lying?
[14:24.000 --> 14:28.000]  When the trustee, they had the transcript from the 341 hearing with the debtors
[14:28.000 --> 14:31.000]  and nobody showed up and the trustee stated,
[14:31.000 --> 14:35.000]  do you expect a windfall in the next six months?
[14:35.000 --> 14:36.000]  I understand that.
[14:36.000 --> 14:37.000]  I understand that.
[14:37.000 --> 14:42.000]  But then after the fact, when you said, no, I don't, they said she's lying.
[14:42.000 --> 14:49.000]  What language did they use to say she's lying?
[14:49.000 --> 14:54.000]  Well, in the orders, because I haven't seen the transcripts yet,
[14:54.000 --> 14:56.000]  so I don't know what was stated in the court just yet.
[14:56.000 --> 15:02.000]  But in the orders, they basically stated that I did not disclose a case
[15:02.000 --> 15:04.000]  that I filed to challenge the will.
[15:04.000 --> 15:06.000]  Well, I hadn't filed it at that point.
[15:06.000 --> 15:09.000]  I didn't know if I could file it at that point and my attorney didn't.
[15:09.000 --> 15:11.000]  Okay, okay.
[15:11.000 --> 15:15.000]  Then there's your affirmative defense right there.
[15:15.000 --> 15:17.000]  There's an affirmative timing.
[15:17.000 --> 15:24.000]  Steve, Jeff is on and he has some information for Francis.
[15:24.000 --> 15:25.000]  Let's bring Jeff up.
[15:25.000 --> 15:26.000]  I got him up.
[15:26.000 --> 15:27.000]  Jeff?
[15:27.000 --> 15:30.000]  Oh, you got him.
[15:30.000 --> 15:31.000]  Oh, okay.
[15:31.000 --> 15:32.000]  I'm live.
[15:32.000 --> 15:34.000]  I got a question for you.
[15:34.000 --> 15:38.000]  Did they say specifically who you filed a bar grievance against?
[15:38.000 --> 15:41.000]  You know, I don't know until I get my transcript,
[15:41.000 --> 15:44.000]  but I know that it was one creditor.
[15:44.000 --> 15:46.000]  I did it against a creditor.
[15:46.000 --> 15:49.000]  How do you file a bar grievance against a creditor?
[15:49.000 --> 15:51.000]  Well, against their attorneys.
[15:51.000 --> 15:52.000]  There you go.
[15:52.000 --> 15:53.000]  Okay.
[15:53.000 --> 15:56.000]  So the question is, how do they know that?
[15:56.000 --> 15:58.000]  Well, I'm sure because...
[15:58.000 --> 16:00.000]  Well, the bar would have told them.
[16:00.000 --> 16:02.000]  Because...
[16:02.000 --> 16:03.000]  Well...
[16:03.000 --> 16:04.000]  I don't think so.
[16:04.000 --> 16:06.000]  It gets a little more complicated.
[16:06.000 --> 16:10.000]  So I reopened the case to surrender.
[16:10.000 --> 16:14.000]  I reopened my bankruptcy in order to surrender the case that I filed
[16:14.000 --> 16:18.000]  to challenge the will, the first will for my dad,
[16:18.000 --> 16:20.000]  knowing that even if I got to the second will,
[16:20.000 --> 16:23.000]  I'm not going to get any money because my mother was still alive.
[16:23.000 --> 16:24.000]  That's all story.
[16:24.000 --> 16:27.000]  How did they know this?
[16:27.000 --> 16:28.000]  How did they know what?
[16:28.000 --> 16:29.000]  That I filed a grievance?
[16:29.000 --> 16:30.000]  That you filed a bar grievance?
[16:30.000 --> 16:31.000]  Yes.
[16:31.000 --> 16:32.000]  Okay.
[16:32.000 --> 16:33.000]  Okay, who does they refer to?
[16:33.000 --> 16:39.000]  Are you talking about the lawyers you filed against or someone else?
[16:39.000 --> 16:42.000]  Lawyers have brought up the bar grievances that she filed.
[16:42.000 --> 16:46.000]  Okay, I'm taking notes and I'm hearing the music in the background, folks.
[16:46.000 --> 16:48.000]  We'll be right back after this brief message.
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[19:11.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  So don't let bad-minded people hurt you.
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[19:24.000 --> 19:27.000]  Know what I mean, my friend?
[19:27.000 --> 19:32.000]  And all of your children and couples, trust in God, my friend.
[19:32.000 --> 19:35.000]  Tell Him you're proud of Him again.
[19:35.000 --> 19:38.000]  Calling His name once again.
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[19:49.000 --> 19:51.000]  Welcome back to Rule of Law Radio, folks.
[19:51.000 --> 19:52.000]  Thank you for tuning in tonight.
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[20:02.000 --> 20:05.000]  Jeff in Maryland.
[20:05.000 --> 20:08.000]  Yes, sir.
[20:08.000 --> 20:17.000]  I want to know how they came to the knowledge of something that is supposed to be confidential.
[20:17.000 --> 20:35.000]  From what Randy knows and what I know of this, the only prohibition for an attorney who has been grieved is to speak to opposing counsel in regard to the same.
[20:35.000 --> 20:42.000]  But not counsel, but he cannot address it with the person who filed the grievance.
[20:42.000 --> 20:44.000]  Well, there you go, okay.
[20:44.000 --> 20:51.000]  As far as I know, I don't remember seeing anything that restricted the lawyer further.
[20:51.000 --> 20:59.000]  But the issue of mentioning it in court goes first to objection relevance.
[20:59.000 --> 21:04.000]  It is clearly not relevant to anything before the court.
[21:04.000 --> 21:11.000]  And that may be the motivation why to keep her out of court rather than her being questioned.
[21:11.000 --> 21:15.000]  Yeah, I suspect he was giving a heads up.
[21:15.000 --> 21:20.000]  Yeah, me too.
[21:20.000 --> 21:26.000]  Would you go as far as – I mean, we don't want to slander anybody.
[21:26.000 --> 21:30.000]  We're out here picking at straws.
[21:30.000 --> 21:39.000]  But Jeff, would you go so far as to make an accusation perhaps of malpractice?
[21:39.000 --> 21:42.000]  Well, if not malpractice, mispractice.
[21:42.000 --> 21:45.000]  Mispractice, okay.
[21:45.000 --> 21:48.000]  Well, let me say that –
[21:48.000 --> 21:51.000]  Sure, go ahead, Frances.
[21:51.000 --> 21:58.000]  Okay, so in 2011, I sent bar grievances, but it wasn't just me.
[21:58.000 --> 22:05.000]  It was my husband and our corporation against the franchise, which became a creditor in the bankruptcy, but not until the next year.
[22:05.000 --> 22:07.000]  So hold that thought.
[22:07.000 --> 22:14.000]  My dad died just after the beginning of 2012, and my dad had terrible Alzheimer's.
[22:14.000 --> 22:21.000]  In fact, it was a cause of death, which means that it had made it to the center of his brain, meaning that he had no capacity to sign a will.
[22:21.000 --> 22:22.000]  Irrelevant.
[22:22.000 --> 22:37.000]  And all this other 29 days beforehand, I bargreed the attorney who wrote the will for my dad, and he confessed to the Florida bar that he had never met my father,
[22:37.000 --> 22:45.000]  had never spoken to my father, and was not there at the signing that morning when my father autographed all of these documents.
[22:45.000 --> 22:47.000]  So that was one thing.
[22:47.000 --> 22:51.000]  So these attorneys in Florida who were co-counseling with Florida –
[22:51.000 --> 22:56.000]  Was there a notary present at the signing?
[22:56.000 --> 23:04.000]  There was a notary present at the signing, and my father had no driver's license, and her giraffe did not say that.
[23:04.000 --> 23:16.000]  The Florida laws state that if they hadn't ever met them, they needed a driver's license, and my brother had divulged it to the attorney through email that my father did not have a driver's license.
[23:16.000 --> 23:18.000]  Do you have a copy of that email?
[23:18.000 --> 23:21.000]  Do you have a copy of that email?
[23:21.000 --> 23:22.000]  Yes.
[23:22.000 --> 23:24.000]  Oh, bless your heart.
[23:24.000 --> 23:31.000]  But you see, all of this – in Florida, the case is very strong against that last-minute will.
[23:31.000 --> 23:34.000]  Yeah, I'd say so, too.
[23:34.000 --> 23:41.000]  Right, but what my brother was trying to do is to try to get that thrown out, because my brother's taken money out of that account.
[23:41.000 --> 23:52.000]  He's taken money out of the probate, and he has actually stolen money. He gave himself a promissory note for $2.7 million and then came here four and a half months later.
[23:52.000 --> 23:55.000]  So that's what he's using to pay his lawyers?
[23:55.000 --> 23:58.000]  Well, no, yes, that, too, but he also –
[23:58.000 --> 23:59.000]  Ah, now.
[23:59.000 --> 24:01.000]  Six million dollars.
[24:01.000 --> 24:21.000]  Now, okay, I don't care about that. He has pilfered enough, in your words – I guess not your words, but to paraphrase you – he's pilfered enough to live comfortably and be able to afford a fairly decent attorney.
[24:21.000 --> 24:33.000]  From the proceeds of his pilfering, I wonder how much of this his attorney is aware of. Do you see an implication there?
[24:33.000 --> 24:35.000]  Collusion.
[24:35.000 --> 24:36.000]  Thank you.
[24:36.000 --> 24:37.000]  Oh, collusion.
[24:37.000 --> 24:44.000]  Thank you. And collusion is what, when you have two parties to do what together?
[24:44.000 --> 24:46.000]  Conspire.
[24:46.000 --> 24:49.000]  Thank you.
[24:49.000 --> 24:53.000]  Well, let me just tell you the rest of it. The ruling was –
[24:53.000 --> 25:03.000]  Well, wait a minute. Wait a minute. Before you go down that road, you need to check into the financial protection for elderly in Florida.
[25:03.000 --> 25:04.000]  How old is your mother?
[25:04.000 --> 25:08.000]  It's fierce.
[25:08.000 --> 25:09.000]  How old is your mother?
[25:09.000 --> 25:12.000]  Okay. Oh, my mother?
[25:12.000 --> 25:16.000]  I'm sorry. It was your father, right, with the will?
[25:16.000 --> 25:17.000]  Yes, he was –
[25:17.000 --> 25:18.000]  I'm sorry.
[25:18.000 --> 25:20.000]  He was 27 when he died.
[25:20.000 --> 25:21.000]  How old?
[25:21.000 --> 25:32.000]  He's over 60. If he's over 60, the penalties for financially scamming the elderly can be horrendous.
[25:32.000 --> 25:35.000]  Yeah.
[25:35.000 --> 25:49.000]  I can't think of the state right offhand. It's somewhere up in the Northern Atlantic states, but it's $10,000 per violation, which can be troubled.
[25:49.000 --> 25:50.000]  Ouch.
[25:50.000 --> 26:00.000]  And it's probably about 15 or 20 violations. So you need to look into the financial protection for the elderly in Florida.
[26:00.000 --> 26:04.000]  Okay. Well, I have an attorney down there.
[26:04.000 --> 26:13.000]  Colorado. Oh, that's – I'm sorry.
[26:13.000 --> 26:16.000]  My dad was in Florida, but the bankruptcy is here in Colorado.
[26:16.000 --> 26:17.000]  Right.
[26:17.000 --> 26:21.000]  My brother stole money. Oh, and it's not just $2.7 million.
[26:21.000 --> 26:30.000]  He put $7 million three months after my dad died into one of his buildings for an LLC, and he wants not to have me down there in Florida.
[26:30.000 --> 26:37.000]  And all of the money that – so they did the settlement with my sister, and they settled with my sister for $100,000.
[26:37.000 --> 26:42.000]  So they settled with me for $100,000, and all the money goes to the trustee.
[26:42.000 --> 26:52.000]  Nothing goes to me. And they're terminating all sorts of rights of access to the courts or access to sue the trustee. I mean, it's unbelievable.
[26:52.000 --> 26:53.000]  How old is your brother?
[26:53.000 --> 26:58.000]  I have a – 57.
[26:58.000 --> 27:01.000]  He's older than us, no better.
[27:01.000 --> 27:11.000]  Well, and we're just trying to settle a case that, you know, just – and so he moved all the money and left $7 million in a building in May.
[27:11.000 --> 27:16.000]  In August, he stole another $3.7 million from my aunt, and that was part of my –
[27:16.000 --> 27:19.000]  Well, well, well, let's think about this here.
[27:19.000 --> 27:20.000]  That's a –
[27:20.000 --> 27:22.000]  Okay. Let's think about this.
[27:22.000 --> 27:28.000]  Before we get down the road, she had mentioned that she wanted some information or had some questions about agency.
[27:28.000 --> 27:39.000]  And I just sent – I just sent six pages containing, I don't know, 15 or 20 different case sites on agency and, you know,
[27:39.000 --> 27:44.000]  basically that the agent can't prove his agency has to come out of the mouth of the principal, and I sent that to Randy.
[27:44.000 --> 27:50.000]  So if you can send Randy an email, I'm sure Randy would be more than willing to forward that to you.
[27:50.000 --> 27:55.000]  Frances, I think I've sent you my agency folder at one time.
[27:55.000 --> 28:03.000]  Yes, and that's – it's all Illinois law, and I've got that, and it's got all Illinois law, and I'm just challenging agency.
[28:03.000 --> 28:09.000]  The company doesn't exist, and that's on appeal on my quiet title here in Colorado.
[28:09.000 --> 28:12.000]  And so that's just coming up.
[28:12.000 --> 28:16.000]  And how did quiet title get into an inheritance?
[28:16.000 --> 28:19.000]  It didn't. That's a different – I've got nothing the case.
[28:19.000 --> 28:23.000]  You'd be surprised, but you can find Googling.
[28:23.000 --> 28:25.000]  Yeah.
[28:25.000 --> 28:29.000]  I do most of my legal research that way now.
[28:29.000 --> 28:30.000]  Okay.
[28:30.000 --> 28:33.000]  All right. And I'm going to – I'm going to ring off at this point. Thank you.
[28:33.000 --> 28:35.000]  Thank you.
[28:35.000 --> 28:36.000]  You're welcome.
[28:36.000 --> 28:40.000]  Thank you, Jeff. We'll see you next week.
[28:40.000 --> 28:42.000]  Thank you.
[28:42.000 --> 28:55.000]  Randy, and you guys, I think I have enough to get through my transcript and probably get back with you guys next week about the challenge in this case and challenging –
[28:55.000 --> 29:00.000]  Go through that transcript really, really good.
[29:00.000 --> 29:06.000]  You're a good researcher, I don't need to tell you that.
[29:06.000 --> 29:12.000]  Yes, that's true. And there's a lot of things that are inaccurate in the ruling, and nobody will touch this case.
[29:12.000 --> 29:16.000]  It was interesting. You guys were talking about how these attorneys won't take cases unless they can win them.
[29:16.000 --> 29:22.000]  Nobody will touch this case, not even the original attorney who made the mistake in the first place.
[29:22.000 --> 29:27.000]  I went back to him and said, you need to do this. And he said, I don't have time.
[29:27.000 --> 29:30.000]  Sue him.
[29:30.000 --> 29:33.000]  He screwed it up and he won't fix it. Sue him.
[29:33.000 --> 29:36.000]  Yes, send him a notice of tort.
[29:36.000 --> 29:41.000]  A notice of intent to sue. Then he may get up off his behind.
[29:41.000 --> 29:44.000]  Okay. All right, I'll talk to you next week.
[29:44.000 --> 29:46.000]  Thanks, y'all. Thanks for taking the call.
[29:46.000 --> 29:48.000]  Thank you, Francis.
[29:48.000 --> 29:54.000]  Folks, you're listening to the rule of law radio, 512-646-1984 will get you online.
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[33:25.000 --> 33:50.000]  I won't let you pull the wool over my eyes
[33:50.000 --> 33:58.000]  We must refuse your news, also come in lies
[33:58.000 --> 34:06.000]  It seems you like to spare, but please take some words to the wise
[34:06.000 --> 34:09.000]  Please stop trying to pull the wool over my eyes
[34:09.000 --> 34:13.000]  Welcome back to Rule of Law Radio, folks, and thank you for tuning in this Friday night.
[34:13.000 --> 34:19.000]  I know football season started, I've heard it on the radio, not a big football fan.
[34:19.000 --> 34:24.000]  But I thank you for taking the time out of the beginning of this festive season
[34:24.000 --> 34:31.000]  to listen to something perhaps more, maybe just a little bit more important than football.
[34:31.000 --> 34:33.000]  Thank you for tuning in, folks.
[34:33.000 --> 34:37.000]  Now, Natalie in Texas, I just got a twenty second touch.
[34:37.000 --> 34:44.000]  You need to be careful of challenging football, we'll wind up with death threats.
[34:44.000 --> 34:49.000]  Oh, I forgot, yeah, it's a Texas religion.
[34:49.000 --> 34:56.000]  Yeah, couldn't give you one rat's behind for football if I had a dozen of them.
[34:56.000 --> 35:02.000]  Natalie in Texas, sorry about that remark about rats behinds, I just, you know.
[35:02.000 --> 35:07.000]  Anyway, Natalie in Texas, I got a twenty second nutshell overview of your situation.
[35:07.000 --> 35:13.000]  I've never heard about you before, tell us your story, would you please?
[35:13.000 --> 35:16.000]  Hello. Hello.
[35:16.000 --> 35:20.000]  So. I was wondering if you were there.
[35:20.000 --> 35:22.000]  Yes, I'm here.
[35:22.000 --> 35:23.000]  Okay, good.
[35:23.000 --> 35:31.000]  So, on Monday, I went to court for possession of a dog.
[35:31.000 --> 35:34.000]  Possession of a dog.
[35:34.000 --> 35:36.000]  Possession of a dog.
[35:36.000 --> 35:38.000]  Didn't know it was illegal to have a dog.
[35:38.000 --> 35:42.000]  My neighbor's got a dog, real friendly thing.
[35:42.000 --> 35:47.000]  It was someone who was fighting for possession.
[35:47.000 --> 35:51.000]  Fighting for possession of what, the dog?
[35:51.000 --> 35:52.000]  Of the dog, yes.
[35:52.000 --> 35:54.000]  Okay, okay.
[35:54.000 --> 36:01.000]  Is this an ex-husband, ex-boyfriend, neighbor, the guy?
[36:01.000 --> 36:06.000]  It's my boyfriend's ex-girlfriend.
[36:06.000 --> 36:08.000]  They got the dog together.
[36:08.000 --> 36:13.000]  Wait a minute, wait a minute. Oh, oh, oh, okay.
[36:13.000 --> 36:16.000]  Wow, okay, I've got to draw a diagram, go ahead.
[36:16.000 --> 36:28.000]  Okay, so we got a boyfriend's ex-girlfriend, BF's ex, wants the dog.
[36:28.000 --> 36:35.000]  But you, the girl, are you a girlfriend or ex-girlfriend?
[36:35.000 --> 36:36.000]  I'm the girlfriend.
[36:36.000 --> 36:42.000]  You're the girlfriend, so the dog came with the boyfriend.
[36:42.000 --> 36:48.000]  Actually, the girlfriend gave the dog to us because she wasn't able to take care of the dog.
[36:48.000 --> 36:53.000]  Okay, so it was her dog first, so I can't feed the dog.
[36:53.000 --> 37:04.000]  Here, I give the dog to you or here would you watch the dog until my situation changes, A or B?
[37:04.000 --> 37:08.000]  It was their dog first.
[37:08.000 --> 37:12.000]  I understand that. That was irrelevant to the question.
[37:12.000 --> 37:18.000]  Well, actually, I lost in court, so she won.
[37:18.000 --> 37:20.000]  She won possession of the dog.
[37:20.000 --> 37:21.000]  Okay.
[37:21.000 --> 37:26.000]  But what happened after is what I have questions about.
[37:26.000 --> 37:35.000]  So in court before I left or rather in the lobby before I left because I wanted to appeal
[37:35.000 --> 37:44.000]  and find out about the appeal process and so forth and what happens next, the court clerk that was in court
[37:44.000 --> 37:51.000]  and there was a clerk in the window, they both told me and my mom and my son who were there
[37:51.000 --> 38:00.000]  that we had 10 days to return the dog and we also had 10 days to appeal.
[38:00.000 --> 38:03.000]  Did you appeal?
[38:03.000 --> 38:06.000]  Not in that moment because there was a-
[38:06.000 --> 38:11.000]  No, did you appeal within the 10 days?
[38:11.000 --> 38:13.000]  No, this just happened on Monday.
[38:13.000 --> 38:17.000]  Okay, so the 10-day period hadn't passed.
[38:17.000 --> 38:18.000]  Right.
[38:18.000 --> 38:22.000]  Have you filed a notice of appeal?
[38:22.000 --> 38:23.000]  No.
[38:23.000 --> 38:27.000]  What is your 10-day deadline?
[38:27.000 --> 38:29.000]  I'm not sure about that, but-
[38:29.000 --> 38:30.000]  Well, wait a minute.
[38:30.000 --> 38:31.000]  You've got to be sure about that.
[38:31.000 --> 38:32.000]  It's simple math.
[38:32.000 --> 38:34.000]  Okay.
[38:34.000 --> 38:36.000]  Wait a minute.
[38:36.000 --> 38:40.000]  What was the day of the judgment?
[38:40.000 --> 38:44.000]  What was the day of the judgment against you?
[38:44.000 --> 38:46.000]  The 22nd, Monday, this Monday.
[38:46.000 --> 38:49.000]  Okay, Monday the 22nd.
[38:49.000 --> 38:52.000]  So there's not a 32nd.
[38:52.000 --> 38:59.000]  So there are how many days in September?
[38:59.000 --> 39:00.000]  Let me see here.
[39:00.000 --> 39:01.000]  There are 30 days.
[39:01.000 --> 39:06.000]  So on the 2nd of October, that's your deadline.
[39:06.000 --> 39:14.000]  If you plan on appealing the ruling from the trial court,
[39:14.000 --> 39:21.000]  you've got until Thursday, the 2nd of October,
[39:21.000 --> 39:26.000]  to get your notice of appeal filed.
[39:26.000 --> 39:30.000]  Okay, Steve, I don't think that is the issue she wants to address.
[39:30.000 --> 39:31.000]  Okay.
[39:31.000 --> 39:36.000]  I think it's more with the dog itself.
[39:36.000 --> 39:37.000]  Okay.
[39:37.000 --> 39:42.000]  It will amount to that in the end.
[39:42.000 --> 39:47.000]  So basically, nothing was given to me by the court when I left.
[39:47.000 --> 39:52.000]  No court order, nothing in writing saying that I have 10 days or anything.
[39:52.000 --> 39:54.000]  Everything was verbal.
[39:54.000 --> 39:55.000]  Then how did you-
[39:55.000 --> 39:56.000]  Okay.
[39:56.000 --> 40:00.000]  Then the judge told you that you had 10 days.
[40:00.000 --> 40:01.000]  Right.
[40:01.000 --> 40:02.000]  You've been given notice.
[40:02.000 --> 40:04.000]  Go look it up in the rules.
[40:04.000 --> 40:05.000]  Wait, wait.
[40:05.000 --> 40:06.000]  Hold on.
[40:06.000 --> 40:10.000]  Did the judge tell you that or did the clerks tell you that?
[40:10.000 --> 40:11.000]  The clerks told me that.
[40:11.000 --> 40:16.000]  The judge did not say if and when the dog-
[40:16.000 --> 40:23.000]  Of course, the judge said that the dog was to be returned to her because she won.
[40:23.000 --> 40:26.000]  That was the purpose of her bringing me to court.
[40:26.000 --> 40:33.000]  But the judge in court did not clarify if I had 10 days to return the dog or not.
[40:33.000 --> 40:40.000]  It was the clerks in the lobby that told me that I have 10 days to return the dog and or appeal.
[40:40.000 --> 40:42.000]  So I went home.
[40:42.000 --> 40:47.000]  A police officer came to my house about an hour later.
[40:47.000 --> 40:52.000]  He said that he, and this is a police officer, not a constable.
[40:52.000 --> 41:01.000]  He said, and he brought the plaintiff to my home and had been parked in front of my house,
[41:01.000 --> 41:04.000]  which I have a trespass warning on them.
[41:04.000 --> 41:05.000]  It doesn't matter.
[41:05.000 --> 41:15.000]  When he came, he said that he was trying to get the dog and that he had a court order.
[41:15.000 --> 41:21.000]  And I told him that there was no court order given to me, that I was told that I had 10 days.
[41:21.000 --> 41:23.000]  And so I shut the door.
[41:23.000 --> 41:24.000]  I never went out.
[41:24.000 --> 41:25.000]  He never came in.
[41:25.000 --> 41:26.000]  I shut the door.
[41:26.000 --> 41:32.000]  And then I saw that the other two people were there from court.
[41:32.000 --> 41:35.000]  And so I opened my door again and I told the officer.
[41:35.000 --> 41:39.000]  What other two people from court?
[41:39.000 --> 41:43.000]  The girl and her mother who sued me for the dog.
[41:43.000 --> 41:44.000]  Okay.
[41:44.000 --> 41:45.000]  Okay.
[41:45.000 --> 41:53.000]  And so I told the officer that I wanted to have them arrested for trespassing because they violated the trespass warning.
[41:53.000 --> 41:56.000]  That's not going to do you a bit of good.
[41:56.000 --> 41:58.000]  He has a court order in his hand.
[41:58.000 --> 42:01.000]  He has a job to do.
[42:01.000 --> 42:03.000]  Go get the dog, monkey.
[42:03.000 --> 42:09.000]  So monkey goes and gets the dog.
[42:09.000 --> 42:10.000]  Okay.
[42:10.000 --> 42:21.000]  So what happened was I had no knowledge of this order that he was speaking of because I was told 10 days.
[42:21.000 --> 42:24.000]  So why was he trying to enforce something different?
[42:24.000 --> 42:25.000]  Okay.
[42:25.000 --> 42:37.000]  You were given, though you did not receive a copy of the order saying so, you were given notice in court either by the clerk, after clerk.
[42:37.000 --> 42:38.000]  Hang on.
[42:38.000 --> 42:42.000]  Either after the court proceeding by the clerk or by the judge.
[42:42.000 --> 42:48.000]  We've already clarified that it was probably after the proceeding and by the clerk.
[42:48.000 --> 42:53.000]  So you were given notice that you had 10 days to appeal.
[42:53.000 --> 42:58.000]  The clerk was doing you a favor, giving you a heads up.
[42:58.000 --> 43:01.000]  Hey, you got 10 days to appeal this if you want to appeal.
[43:01.000 --> 43:02.000]  Right.
[43:02.000 --> 43:13.000]  But what the officer was saying was that the order was signed that the dog was to be returned that day, which is why he was there.
[43:13.000 --> 43:15.000]  Well, that doesn't add up.
[43:15.000 --> 43:21.000]  If you've got a chance to appeal, then the dog should stay with you.
[43:21.000 --> 43:25.000]  I mean, if this is civil, okay.
[43:25.000 --> 43:26.000]  Right.
[43:26.000 --> 43:30.000]  I'm kind of comparing this to a situation with a house.
[43:30.000 --> 43:44.000]  If you have a hearing and I hear music in the background, if you possess real property, not a dog being personal property, but if you possess real property and you file appeal, all collection attempts stop.
[43:44.000 --> 43:52.000]  I'd like to address that on the other side of this break. 512-646-1984 is the number to dial, folks. You're listening to Rural Law Radio.
[43:52.000 --> 43:56.000]  It is Friday, the 26th of September.
[43:56.000 --> 44:02.000]  We'll be right back. Stay tuned.
[44:02.000 --> 44:06.000]  Hello, my name is Stuart Smith from naturespureorganics.com.
[44:06.000 --> 44:18.000]  And I would like to invite you to come by our store at 1904 Guadalupe Street, Suite D here in Austin, Texas, buying brave new books and chase tanks to see all our fantastic health and wellness products with your very own eyes.
[44:18.000 --> 44:22.000]  Have a look at our Miracle Healing Clay that started our adventure in alternative medicine.
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[44:30.000 --> 44:43.000]  Call 512-264-4043 or find us online at naturespureorganics.com. That's 512-264-4043, naturespureorganics.com.
[44:43.000 --> 44:47.000]  Don't forget to like us on Facebook for information on events and our products.
[44:47.000 --> 45:01.000]  Naturespureorganics.com.
[45:01.000 --> 45:04.000]  Are you the plaintiff or defendant in a lawsuit?
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[46:14.000 --> 46:24.000]  Whoa, whoa, yeah.
[46:24.000 --> 46:30.000]  Always, I must be careful what I'm wishing for.
[46:30.000 --> 46:35.000]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.000 --> 46:41.000]  I ain't asking for much, I ain't trying to be no glutton.
[46:41.000 --> 46:47.000]  I'm just here making my living pushing buttons.
[46:47.000 --> 46:54.000]  I give my message out to anyone in shot and distance.
[46:54.000 --> 46:56.000]  Welcome back to Rule of Law Radio, folks.
[46:56.000 --> 47:01.000]  When we left, we were talking with Natalie in Texas, and Natalie, you had to give up a dog.
[47:01.000 --> 47:06.000]  Let me see if we can fast-forward this a little bit.
[47:06.000 --> 47:13.000]  I have the understanding that there was a scuffle, and you and a police officer got bit.
[47:13.000 --> 47:14.000]  Is that correct?
[47:14.000 --> 47:15.000]  Yes.
[47:15.000 --> 47:16.000]  Okay.
[47:16.000 --> 47:23.000]  So at the end of this evening, you were detained, I take it.
[47:23.000 --> 47:24.000]  I was.
[47:24.000 --> 47:33.000]  Because your dog bit not only you, but a police officer who showed up at your place with an order
[47:33.000 --> 47:40.000]  that he had every reason to believe was valid to execute the order, and he wound up getting bit.
[47:40.000 --> 47:46.000]  Now, I understand, too, that the officer used you as a shield.
[47:46.000 --> 47:49.000]  Is that correct?
[47:49.000 --> 47:50.000]  Yes.
[47:50.000 --> 47:56.000]  Actually, the officer provoked the situation by making me feel threatened
[47:56.000 --> 48:04.000]  and putting his foot in the door and not allowing me to close my door.
[48:04.000 --> 48:05.000]  Okay.
[48:05.000 --> 48:17.000]  This is kind of trying to read a dog's mind here, but can you say that the dog was attempting to protect you?
[48:17.000 --> 48:19.000]  Oh, absolutely.
[48:19.000 --> 48:20.000]  Okay.
[48:20.000 --> 48:27.000]  So one of the questions, I've kind of jokingly written down the question, what does the dog have to say about this?
[48:27.000 --> 48:31.000]  It seems the dog has spoken.
[48:31.000 --> 48:40.000]  But in the confusion, you got bit because the officer, he went for the, it sounds like the dog went to bite the officer,
[48:40.000 --> 48:44.000]  and the officer said, oh, my goodness, there's a dog going to bite me.
[48:44.000 --> 48:51.000]  Let me grab the closest thing to me and put that between me and the dog. That closest thing happened to be you.
[48:51.000 --> 48:55.000]  And you wound up getting bit, too, is that right?
[48:55.000 --> 49:02.000]  The officer assaulted me. He would not move his foot from the door.
[49:02.000 --> 49:04.000]  That's not an assault.
[49:04.000 --> 49:19.000]  Okay. That was a question that I had. While he had the right to take the dog, did he have the right to forcibly enter private property to take the dog?
[49:19.000 --> 49:22.000]  Right. And so he would not move his foot.
[49:22.000 --> 49:28.000]  I told him that I felt threatened because I was very confused by him being there in the first place because of what I was told in court.
[49:28.000 --> 49:31.000]  And, you know, he had something different written in paper.
[49:31.000 --> 49:36.000]  So I, you know, we went back and forth. I told him, you know, that I wanted to shut my door.
[49:36.000 --> 49:41.000]  He wouldn't allow me to shut my door. And I told him, you know, and he kept threatening me.
[49:41.000 --> 49:47.000]  He kept saying, you know, if you try to move me, then you're assaulting me.
[49:47.000 --> 49:48.000]  Obstructing justice.
[49:48.000 --> 49:56.000]  No, he said that I was assaulting him if I tried to move his foot.
[49:56.000 --> 50:03.000]  And so I told him that, you know, I wasn't inviting him in. I had asked him to get off of my porch when he initially came there.
[50:03.000 --> 50:05.000]  He wouldn't do that.
[50:05.000 --> 50:11.000]  And so he made me feel very, very threatened and unsafe. And my family, too, I have four small children.
[50:11.000 --> 50:18.000]  My sister, my cousin, and my friend were all there and witnessed all this. Plus, we have everything on video.
[50:18.000 --> 50:24.000]  But in the end, he moved his foot and put his hand in the door, and I tried to shut the door.
[50:24.000 --> 50:30.000]  And when I did that, he said that I assaulted him, and he pulled me out of my house.
[50:30.000 --> 50:39.000]  So when he did that, the door flung open. Well, when he did that, the door flung open, and my dog saw him attacking me.
[50:39.000 --> 50:42.000]  Okay. And then you both got bit.
[50:42.000 --> 50:46.000]  And so the dog was definitely trying to attack me.
[50:46.000 --> 50:51.000]  Okay. Great. Were you placed under arrest?
[50:51.000 --> 51:00.000]  He pulled, when he pulled me out, he grabbed my arm, and he never let go of the arm.
[51:00.000 --> 51:02.000]  Did he handcuff you?
[51:02.000 --> 51:04.000]  He handcuffed me and me.
[51:04.000 --> 51:06.000]  Did he read you your rights?
[51:06.000 --> 51:07.000]  No.
[51:07.000 --> 51:09.000]  Did he put you in the car?
[51:09.000 --> 51:10.000]  He put me in the quad car.
[51:10.000 --> 51:12.000]  Did he put you in the car?
[51:12.000 --> 51:17.000]  Yes. I was the only person. I mean, he was the only officer that knew that I was.
[51:17.000 --> 51:22.000]  Okay. All right. Then you were in custodial arrest. You were not free to go.
[51:22.000 --> 51:26.000]  All right. Were you charged with anything?
[51:26.000 --> 51:32.000]  No. Once they realized how badly I was bit and what had happened and transpired,
[51:32.000 --> 51:39.000]  once I got into the ambulance, they took me out of custody, and I spent the night in the hospital.
[51:39.000 --> 51:42.000]  Okay. So you did not go to jail. They did not press charges.
[51:42.000 --> 51:47.000]  No. No. No. Because, I mean, as far as I'm concerned...
[51:47.000 --> 51:56.000]  Okay. Now, what are your goals out of all this? What do you, what is it, now that we've got the history of this situation,
[51:56.000 --> 52:02.000]  what is it that you want? You want the dog back? What?
[52:02.000 --> 52:05.000]  I absolutely want the dog.
[52:05.000 --> 52:07.000]  Okay. Then you're going to have to appeal.
[52:07.000 --> 52:08.000]  Criminals.
[52:08.000 --> 52:12.000]  Okay. Then you're going to have to appeal the order.
[52:12.000 --> 52:16.000]  Okay. What about the issue of the officer?
[52:16.000 --> 52:23.000]  Yeah. Even if I bring criminal charges against the legal owner who sued me,
[52:23.000 --> 52:29.000]  if I bring criminal charges against the legal owner who sued me and include wanting...
[52:29.000 --> 52:35.000]  How can you bring charges against the legal owner?
[52:35.000 --> 52:39.000]  That is a legal contradiction of terms.
[52:39.000 --> 52:41.000]  One, for lying in court.
[52:41.000 --> 52:44.000]  Now, what charges are you considering bringing?
[52:44.000 --> 52:45.000]  There you go.
[52:45.000 --> 52:52.000]  Perjury, lying in court, perjury, for making false reports against me.
[52:52.000 --> 53:01.000]  She, prior to all of this, made a report that I stole the dog when, in fact, she gave the dog to me,
[53:01.000 --> 53:06.000]  for violating the trespass warning and for terroristic threats,
[53:06.000 --> 53:12.000]  because she posted on Facebook how happy she was that I was dead and that if I were to go...
[53:12.000 --> 53:14.000]  That's not a terroristic threat.
[53:14.000 --> 53:19.000] ...that she would take matters into her own hands without...
[53:19.000 --> 53:21.000]  That might be a terroristic threat.
[53:21.000 --> 53:26.000]  No, not a terroristic threat, but it...
[53:26.000 --> 53:28.000]  Yeah, true.
[53:28.000 --> 53:32.000]  If she said she would take matters into her own hands,
[53:32.000 --> 53:40.000]  but didn't specifically say that she would do something illegal or something that would physically harm you,
[53:40.000 --> 53:43.000]  especially if it's on Facebook...
[53:43.000 --> 53:45.000]  Outside of the legal system, she...
[53:45.000 --> 53:49.000]  I'm not using the word that she used, but she said that she would go out...
[53:49.000 --> 53:53.000]  It would help if you did.
[53:53.000 --> 53:56.000]  I screenshot everything.
[53:56.000 --> 53:59.000]  That's fine.
[53:59.000 --> 54:03.000]  Okay, so I take it that you want the dog back.
[54:03.000 --> 54:11.000]  In order to get the dog back, you're going to have to, first, within that 10 days, file your appeal.
[54:11.000 --> 54:13.000]  Okay.
[54:13.000 --> 54:17.000]  Okay, we're back to that.
[54:17.000 --> 54:20.000]  You've got a court order against you.
[54:20.000 --> 54:21.000]  You've got 10 days.
[54:21.000 --> 54:22.000]  You've lost possession.
[54:22.000 --> 54:25.000]  You're trying to regain possession.
[54:25.000 --> 54:29.000]  That's going to require an appeal, and you've got until...
[54:29.000 --> 54:30.000]  What was it?
[54:30.000 --> 54:33.000]  Tuesday of next week to do that?
[54:33.000 --> 54:35.000]  You pull the calendar up?
[54:35.000 --> 54:36.000]  Okay.
[54:36.000 --> 54:37.000]  Thursday of next week.
[54:37.000 --> 54:41.000]  You've got that to file a notice of intent to appeal.
[54:41.000 --> 54:42.000]  Yeah.
[54:42.000 --> 54:44.000]  Your actual appeal, I think, was you got 30 days.
[54:44.000 --> 54:46.000]  I believe you got 30 days.
[54:46.000 --> 54:54.000]  You want to go back to that court and see if there's an appeal bond and how much the amount would be.
[54:54.000 --> 54:56.000]  It's $2,000.
[54:56.000 --> 54:57.000]  $2,000.
[54:57.000 --> 55:03.000]  You're going to have to pony up to two grand to file this, or you're going to...
[55:03.000 --> 55:05.000]  You're for a bond reduction hearing.
[55:05.000 --> 55:11.000]  Either a bond reduction hearing, or I was going to recommend maybe a pauper's affidavit, an affidavit of indigency.
[55:11.000 --> 55:13.000]  I don't know what you make for a living.
[55:13.000 --> 55:18.000]  I don't know if you would qualify, but you're in Texas.
[55:18.000 --> 55:31.000]  You can go to...actually, I believe there's within the...
[55:31.000 --> 55:33.000]  Oh, where would you find that?
[55:33.000 --> 55:48.000]  You just put it in Google, put in Texas record, I'm sorry, Texas affidavit of inability to pay cost of appeal.
[55:48.000 --> 55:50.000]  Costs, I'm sorry, plural.
[55:50.000 --> 55:57.000]  Affidavit of inability to pay costs of appeal.
[55:57.000 --> 56:14.000]  And you will come up with...actually, look for the 2013 version because the rules of civil procedure changed a little bit of the verbiage that is required to go into that affidavit.
[56:14.000 --> 56:18.000]  There's a template affidavit offered by a state website.
[56:18.000 --> 56:20.000]  Use that.
[56:20.000 --> 56:25.000]  That will give your qualifying questions.
[56:25.000 --> 56:35.000]  You've got to state in the affidavit that you are unable to pay the costs of appeal.
[56:35.000 --> 56:39.000]  You've got to actually put that verbiage in.
[56:39.000 --> 56:41.000]  It's also got to be notarized.
[56:41.000 --> 56:49.000]  It's got to be sworn under the penalty of perjury that everything is within your personal knowledge and true, accurate, and correct.
[56:49.000 --> 56:53.000]  And you should be good to go.
[56:53.000 --> 57:02.000]  Depending on your income versus expenditures, you know how to do that.
[57:02.000 --> 57:15.000]  If you qualify, if the court finds that you qualify, they will accept your affidavit of inability to pay costs of appeal.
[57:15.000 --> 57:18.000]  The other side may say, oh, no, no, no, no.
[57:18.000 --> 57:20.000]  She's got plenty of money.
[57:20.000 --> 57:22.000]  She can afford the $2,000.
[57:22.000 --> 57:33.000]  If you can, you want to pony up to that before you draft that affidavit, because if you draft an affidavit of – and this is not just for you, Natalie.
[57:33.000 --> 57:35.000]  This is for anybody listening.
[57:35.000 --> 57:48.000]  If you draft an affidavit of inability to pay the costs of an appeal and it is found on a challenge to your affidavit that you are able – guess what?
[57:48.000 --> 58:04.000]  Perjury falls on your shoulders because you made the statements that you could not afford it, and you showed financial records that attempted to prove that you cannot afford it, but yet you can.
[58:04.000 --> 58:07.000]  So that will not go to your favor.
[58:07.000 --> 58:10.000]  Natalie, if you will, stay with us through the break.
[58:10.000 --> 58:12.000]  We're coming up to the top of the hour break.
[58:12.000 --> 58:16.000]  This is going to be a long – a little bit long break.
[58:16.000 --> 58:21.000]  But, Natalie, on the other side of this, we've got a few more callers that would like to speak.
[58:21.000 --> 58:29.000]  But on the other side of this, I'd like to wrap this up and see – well, I think we've basically done that.
[58:29.000 --> 58:30.000]  You're going to have to –
[58:30.000 --> 58:31.000]  No, wait.
[58:31.000 --> 58:33.000]  I want to talk about the officer's behavior.
[58:33.000 --> 58:34.000]  Okay.
[58:34.000 --> 58:35.000]  Good.
[58:35.000 --> 58:37.000]  And we'll pick that up on the other side of this break.
[58:37.000 --> 58:41.000]  512-646-1984 will get you in line.
[58:41.000 --> 58:44.000]  I see we've got a blank spot on the caller page.
[58:44.000 --> 58:46.000]  Got room for one more.
[58:46.000 --> 58:49.000]  Sonny in Georgia, John in Texas, we'll see you there.
[58:49.000 --> 58:50.000]  Stay with us.
[58:50.000 --> 58:54.000]  Would you like to make more definite progress in your walk with God?
[58:54.000 --> 59:01.000]  Bibles for America is offering a free study Bible and a set of free Christian books that can really help.
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[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation growing in Christ and how to build up the Church.
[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:50.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:50.000 --> 01:00:00.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.000 --> 01:00:09.000]  This is the Liberty Beat, your daily source for Liberty News and activist updates, online at thelibertybeat.com.
[01:00:09.000 --> 01:00:13.000]  I'm Brian Hagan with your Liberty Beat for Friday, September 26, 2014.
[01:00:13.000 --> 01:00:21.000]  Cold open today at $1,212, silver open at $17.52, and Bitcoin is trading around $399.
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[01:00:29.000 --> 01:00:34.000]  Support for the Liberty Beat comes from the Michael Cargill for Austin City Council District 1 campaign.
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[01:00:40.000 --> 01:00:44.000]  Political advertisement paid for by the Michael Cargill for Austin City Council District 1 campaign.
[01:00:44.000 --> 01:00:49.000]  In the news today, two days before Attorney General Eric Holder announced his resignation,
[01:00:49.000 --> 01:00:58.000]  U.S. District Court Judge John D. Bates ruled that the Department of Justice must release details on documents related to Operation Fast and Furious.
[01:00:58.000 --> 01:01:06.000]  Judge Bates ruled that the Department of Justice must submit the material sought by the watchdog group Judicial Watch no later than October 22.
[01:01:06.000 --> 01:01:13.000]  The judge called the government's request for more time unconvincing.
[01:01:13.000 --> 01:01:18.000]  The FBI director on Thursday criticized the decision by Apple and Google to encrypt smartphone data
[01:01:18.000 --> 01:01:22.000]  so it can be inaccessible to law enforcement, even with a court order.
[01:01:22.000 --> 01:01:27.000]  James Comey told reporters at FBI headquarters that U.S. officials were in talks with the two companies,
[01:01:27.000 --> 01:01:32.000]  which he accused of marketing products that would let people put themselves beyond the law's reach.
[01:01:32.000 --> 01:01:37.000]  While law enforcement is obviously perturbed that they will no longer be able to legally or illegally intercept people's data,
[01:01:37.000 --> 01:01:46.000]  privacy advocates are heralding the moves by the cell phone giants as an important step in the right direction.
[01:01:46.000 --> 01:01:54.000]  Hundreds of speeding tickets written by four disgraced Houston Police Department officers were dismissed after their ticket falsification scheme was exposed.
[01:01:54.000 --> 01:02:01.000]  Randy Zamora, chief of the Criminal Law Division for the City of Houston Legal Department, said it was in the interest of justice
[01:02:01.000 --> 01:02:04.000]  and simply the right thing to do, to dismiss the tickets.
[01:02:04.000 --> 01:02:11.000]  The I-Team of KHOU in Houston first revealed that Officers Rudolph Farias, John Garcia, Robert Manzanellis and Gregory Rosa
[01:02:11.000 --> 01:02:16.000]  were listing each other as witnesses for speeding violations, despite the officers not being present.
[01:02:16.000 --> 01:02:21.000]  The Gang of Four were allegedly seeking to collect more overtime pay for court appearances.
[01:02:21.000 --> 01:02:25.000]  Support for the Liberty Beat comes from Cabo Bobs, Southwestern-style burritos,
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[01:02:49.000 --> 01:02:53.000]  This is the Liberty Beat for Friday, September 26, 2014.
[01:02:53.000 --> 01:03:20.000]  Check out the website at TheLibertyBeat.com and like us on Facebook, Facebook.com, The Liberty Beat.
[01:03:23.000 --> 01:03:33.000]  I will lie by my father's house, until he returns.
[01:03:33.000 --> 01:03:44.000]  He has loved me with his faith and wisdom, I will aid in my concerns.
[01:03:44.000 --> 01:03:55.000]  I will lie by my father's house, until I cease pain.
[01:03:55.000 --> 01:04:07.000]  I will guard these walls, expect that they come to take his place.
[01:04:07.000 --> 01:04:09.000]  Welcome back to Rural Law Radio, folks.
[01:04:09.000 --> 01:04:16.000]  We're speaking with Natalie in Texas, and Natalie, we've been talking about your situation over the break.
[01:04:16.000 --> 01:04:22.000]  And we're kind of all on the same page on this side of the microphone.
[01:04:22.000 --> 01:04:32.000]  What we've got here is a police officer who claimed to be on your property under court order.
[01:04:32.000 --> 01:04:37.000]  Did he present a copy of the order?
[01:04:37.000 --> 01:04:40.000]  Did you ask to see the order?
[01:04:40.000 --> 01:04:46.000]  Simple yes or no.
[01:04:46.000 --> 01:04:47.000]  Hello, Natalie.
[01:04:47.000 --> 01:04:50.000]  He did not present a copy of the order.
[01:04:50.000 --> 01:04:51.000]  Did you ask?
[01:04:51.000 --> 01:04:53.000]  Initially.
[01:04:53.000 --> 01:04:54.000]  I did not ask.
[01:04:54.000 --> 01:04:55.000]  Okay.
[01:04:55.000 --> 01:04:56.000]  He said.
[01:04:56.000 --> 01:05:00.000]  Okay, hang on, hang on, hang on.
[01:05:00.000 --> 01:05:06.000]  So he, as soon as you opened the door, he stuck his foot in the door.
[01:05:06.000 --> 01:05:07.000]  You argued back and forth.
[01:05:07.000 --> 01:05:15.000]  He said, if you try to stop me from coming in, you're committing assault against me.
[01:05:15.000 --> 01:05:18.000]  But he still hasn't shown his authority.
[01:05:18.000 --> 01:05:25.000]  He claimed to have authority, but he never proved his authority.
[01:05:25.000 --> 01:05:33.000]  He said he had an order or that he was there by court order, but he never offered to show you the order.
[01:05:33.000 --> 01:05:35.000]  He's got to prove the authority.
[01:05:35.000 --> 01:05:49.000]  Now, we're on the same page with this issue as well, that he did or he would have had authority to move you aside and physically enter the property.
[01:05:49.000 --> 01:06:00.000]  The dog would have fallen under one of two categories, real property, which is land and structures or personal property.
[01:06:00.000 --> 01:06:13.000]  Anything but land or structures, which animals, cattle, livestock fall under personal property.
[01:06:13.000 --> 01:06:20.000]  He would have had authority to enter, push you aside had he shown his authority.
[01:06:20.000 --> 01:06:26.000]  He claimed he was there by the authority of a court order, yet he did not prove his authority.
[01:06:26.000 --> 01:06:28.000]  He just forced his way in.
[01:06:28.000 --> 01:06:31.000]  As a result, he got bit.
[01:06:31.000 --> 01:06:40.000]  As a result, he got you into a position to get bit, all without proving authority.
[01:06:40.000 --> 01:06:45.000]  Now, he showed he did show me a document, but he wouldn't let me see it.
[01:06:45.000 --> 01:06:48.000]  He wanted me to come out, but it was that.
[01:06:48.000 --> 01:06:52.000]  OK, that that document was probably the order.
[01:06:52.000 --> 01:06:55.000]  So he did offer the order.
[01:06:55.000 --> 01:07:00.000]  No, he didn't offer the order.
[01:07:00.000 --> 01:07:08.000]  If she if she was forced to leave her house, he didn't offer it to her.
[01:07:08.000 --> 01:07:14.000]  He used it as a gambit to force her into the public where he wouldn't have to have the order.
[01:07:14.000 --> 01:07:22.000]  I suggest you be at the court Monday morning and ask to see the file.
[01:07:22.000 --> 01:07:31.000]  And then if you don't see an order in there, then you ask them to give you a copy of every document in the file.
[01:07:31.000 --> 01:07:34.000]  Take 30 bucks with you.
[01:07:34.000 --> 01:07:38.000]  If it's not if that order is not there, that policeman has a problem.
[01:07:38.000 --> 01:07:40.000]  You need to get a copy of the file.
[01:07:40.000 --> 01:07:45.000]  Everything is in it because they'll produce it and backdate it.
[01:07:45.000 --> 01:07:46.000]  Right.
[01:07:46.000 --> 01:07:52.000]  But what about the matter of them saying one thing in court and then showing up with the police officer?
[01:07:52.000 --> 01:07:54.000]  Well, you're going to have to.
[01:07:54.000 --> 01:07:56.000]  Did you did you get a transcript?
[01:07:56.000 --> 01:07:58.000]  Was was this in small claims court?
[01:07:58.000 --> 01:08:02.000]  Was there did you have a stenographer there taking record?
[01:08:02.000 --> 01:08:05.000]  I did not see any stenographer.
[01:08:05.000 --> 01:08:08.000]  Then OK, JP court.
[01:08:08.000 --> 01:08:10.000]  Yes, the JP court.
[01:08:10.000 --> 01:08:12.000]  OK, small claims JP court.
[01:08:12.000 --> 01:08:14.000]  Then that is not a court of record.
[01:08:14.000 --> 01:08:16.000]  You have no transcript.
[01:08:16.000 --> 01:08:21.000]  So anything that you say was said in court is hearsay.
[01:08:21.000 --> 01:08:23.000]  That's what the appeal is for.
[01:08:23.000 --> 01:08:34.000]  The appeal is going to be in a court of record where there will be a stenographer and you can purchase a copy of the transcript of that hearing.
[01:08:34.000 --> 01:08:48.000]  You choose to appeal, pay the two thousand dollars appeal bond or come up with some alternative way of paying the bond.
[01:08:48.000 --> 01:08:55.000]  Now, that you would set for hearing, you're not going to get the dog back anytime soon.
[01:08:55.000 --> 01:08:57.000]  I'll tell you that right now.
[01:08:57.000 --> 01:08:58.000]  You've got to be.
[01:08:58.000 --> 01:09:00.000]  You've got to beat this appeal now.
[01:09:00.000 --> 01:09:02.000]  OK, wait, this raises a question.
[01:09:02.000 --> 01:09:05.000]  I had a question come to mind.
[01:09:05.000 --> 01:09:08.000]  I'm still stuck on the officer's behavior.
[01:09:08.000 --> 01:09:11.000]  Yes, but that would be raised in the appeal, would it not?
[01:09:11.000 --> 01:09:13.000]  No, that has nothing to do with you.
[01:09:13.000 --> 01:09:16.000]  OK, that's where I wanted to get to.
[01:09:16.000 --> 01:09:19.000]  This is totally not Natalie.
[01:09:19.000 --> 01:09:20.000]  Hang on, Natalie.
[01:09:20.000 --> 01:09:21.000]  Go ahead.
[01:09:21.000 --> 01:09:23.000]  That's that's exactly what I wanted to get to.
[01:09:23.000 --> 01:09:24.000]  Randy, go ahead.
[01:09:24.000 --> 01:09:27.000]  Separate lawsuit.
[01:09:27.000 --> 01:09:39.000]  The officer, while he may have had power to take the dog, he had no power to put his hands on you.
[01:09:39.000 --> 01:09:42.000]  So he grabbed you physically to jerk you outside.
[01:09:42.000 --> 01:10:02.000]  Now, if he did not and in the process caused you to be physically injured, 2202 B2A, if a public official acting under the color of an official capacity exerts or purports to exert an authority he does not expressly have,
[01:10:02.000 --> 01:10:19.000]  while prominently and commits assault, which putting his hands on you is assault, while prominently displaying a deadly weapon, that's a first degree felony in the state of Texas.
[01:10:19.000 --> 01:10:27.000]  This should qualify as you were subjected to serious injury as a result.
[01:10:27.000 --> 01:10:49.000]  That should get that claim against the officer, because if you have videotapes showing that his assertion of assault was contrived, then you should charge him with second first degree felony aggravated assault and then send a tort letter.
[01:10:49.000 --> 01:10:54.000]  Was this a city policeman or a state or county officer?
[01:10:54.000 --> 01:10:56.000]  City.
[01:10:56.000 --> 01:11:01.000]  Okay, it's in the city a notice of intent to sue.
[01:11:01.000 --> 01:11:12.000]  If you go to, if you sue a city, you have to notify them within, give them 60 days and wish to respond before you can actually sue them.
[01:11:12.000 --> 01:11:20.000]  But first thing is go to that court Monday, check the record, see if the order is in there, get a copy of it.
[01:11:20.000 --> 01:11:22.000]  Get a copy of the whole record.
[01:11:22.000 --> 01:11:23.000]  Yeah, I'm sorry.
[01:11:23.000 --> 01:11:38.000]  If the order is in there, get a copy of it. If it's not in there for certain, you want everything that's in the record so that you can say, I went to the court on this day at this time and this order was not there.
[01:11:38.000 --> 01:11:45.000]  So you have reason to believe and do believe no such order exists.
[01:11:45.000 --> 01:11:53.000]  So what day did the officer get the dog?
[01:11:53.000 --> 01:11:57.000]  It was the same day that I got out of court.
[01:11:57.000 --> 01:12:02.000]  We can't do same day. What date?
[01:12:02.000 --> 01:12:04.000]  Calendar date.
[01:12:04.000 --> 01:12:07.000]  Monday, the 22nd of September.
[01:12:07.000 --> 01:12:13.000]  Okay. So he had all week to get that document back to the court if it existed.
[01:12:13.000 --> 01:12:24.000]  So the reason I asked that question is if you go in there Monday and pull the record and it's not in there, then they're going to say, oh, well, the officer had it in his possession.
[01:12:24.000 --> 01:12:31.000]  Not. If he picked up the dog Monday, a week later, he still has it in his possession.
[01:12:31.000 --> 01:12:33.000]  Not credible.
[01:12:33.000 --> 01:12:39.000]  Now you have evidence that the order did not actually exist.
[01:12:39.000 --> 01:12:43.000]  There's a good chance it may show up in there, but a good chance it won't.
[01:12:43.000 --> 01:12:57.000]  If it doesn't, these guys got a real problem, but him pulling you, putting his hands on you and physically removing you from the house and by that action caused the dog to attack.
[01:12:57.000 --> 01:13:07.000]  That's not likely to be defensible, especially if you have video showing that he contrived a false claim.
[01:13:07.000 --> 01:13:10.000]  Okay. Something's not right here.
[01:13:10.000 --> 01:13:22.000]  He's using a contrived allegation of assault in order to execute his purpose.
[01:13:22.000 --> 01:13:40.000]  He did not need to do that. If he had a proper order, he didn't need that contrived assault. So he was setting you up and I almost guarantee you he was setting you up for it because he didn't have the authority he claimed.
[01:13:40.000 --> 01:13:42.000]  Right.
[01:13:42.000 --> 01:13:54.000]  He was just going to bounce over here and take care of it and then when you objected, these guys don't know how to back up and regroup.
[01:13:54.000 --> 01:13:58.000]  All they know how to do is get more and more aggressive.
[01:13:58.000 --> 01:14:00.000]  Right.
[01:14:00.000 --> 01:14:16.000]  And they just don't have it in them. I had a sergeant on the DPS sit out to answer one of my complaints, a complaint I filed with a captain, and all he could do was Mr. Macho Cop.
[01:14:16.000 --> 01:14:33.000]  And he probably, he retired as a sergeant and that's probably the reason because he tried Mr. Macho on me and it didn't work. And when it didn't work, because he's answering my complaint, he just tries to get more aggressive.
[01:14:33.000 --> 01:14:57.000]  And he told me that when I showed him the penal code is why I thought what they did was something I could complain about, he actually said to me, well, since you're not an attorney, I don't consider my officers sufficiently sophisticated in legal matters so as to make it profitable for them to attempt to read and understand everything that's in the penal code.
[01:14:57.000 --> 01:15:03.000]  And since you're not an attorney, I don't consider you sophisticated enough either.
[01:15:03.000 --> 01:15:05.000]  Oh, really?
[01:15:05.000 --> 01:15:17.000]  He said that. Say what? You're telling me that your officers are too darn stupid to read the penal code and you think I am too?
[01:15:17.000 --> 01:15:26.000]  And he says, well, I don't have to sit here and take this as a best right sergeant. There's the door. There's no anchor on your behind.
[01:15:26.000 --> 01:15:35.000]  But he didn't leave because he was there to answer my complaint and instead he's creating this altercation.
[01:15:35.000 --> 01:15:49.000]  But he just didn't know how to stop and that's probably what got this policeman in trouble because all he knew how to do was be aggressive.
[01:15:49.000 --> 01:15:56.000]  And if his aggression didn't work, escalate and escalate and escalate and escalate.
[01:15:56.000 --> 01:16:05.000]  Now, I was in combat and in combat you do that. That's because you don't have time for anything else.
[01:16:05.000 --> 01:16:13.000]  When you've got death coming at you from all directions, you can't afford to screw around.
[01:16:13.000 --> 01:16:21.000]  But they're teaching our police officers to consider themselves to be in combat.
[01:16:21.000 --> 01:16:26.000]  Randy, you just dropped off. You there?
[01:16:26.000 --> 01:16:28.000]  Oh, I hope so.
[01:16:28.000 --> 01:16:34.000]  Yeah, you started, your mic was sounding kind of strange there and then you dropped off.
[01:16:34.000 --> 01:16:46.000]  Oh, I'm not sure what that was. Anyway, okay, they're teaching the policeman to consider themselves to be military personnel in an occupied country.
[01:16:46.000 --> 01:16:49.000]  And in danger at all times.
[01:16:49.000 --> 01:16:56.000]  Exactly. We just had a policeman in South Carolina drop us off the cliff at the end of the break.
[01:16:56.000 --> 01:17:00.000]  Yeah, we'll be right back. Stay tuned.
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[01:19:25.000 --> 01:19:50.000]  Welcome back to Rural Law Radio folks and we're talking with Natalie in Texas.
[01:19:50.000 --> 01:19:52.000]  That cop threw us off the cliff.
[01:19:52.000 --> 01:19:55.000]  Yes, that cop threw us off the cliff. He threw you off the cliff.
[01:19:55.000 --> 01:19:59.000]  I was watching the edge coming closer and closer.
[01:19:59.000 --> 01:20:03.000]  Let me finish that up in case other people haven't heard about it.
[01:20:03.000 --> 01:20:07.000]  A South Carolina police officer pulls over a guy for no seatbelt.
[01:20:07.000 --> 01:20:11.000]  The guy orders him out of the car. He steps out of the car.
[01:20:11.000 --> 01:20:15.000]  He demands that he produce his license and he says it's in the car. I'll get it.
[01:20:15.000 --> 01:20:17.000]  He turns around to get it.
[01:20:17.000 --> 01:20:21.000]  The cop pulls his revolver and fires four times.
[01:20:21.000 --> 01:20:27.000]  Grazes the guy's hip once from six feet away.
[01:20:27.000 --> 01:20:34.000]  Yeah, fired at him point blank, four rounds and only hit him with one.
[01:20:34.000 --> 01:20:36.000]  And just grazed him then.
[01:20:36.000 --> 01:20:44.000]  And the article said he was out of the hospital before the officer was fired.
[01:20:44.000 --> 01:20:50.000]  And now the officer has been arrested, $75,000 bond, looking at 20 years in prison.
[01:20:50.000 --> 01:20:53.000]  It's about time.
[01:20:53.000 --> 01:21:05.000]  Not that I'd like to see an officer lose his career, but killing us, the citizens, not a good strategy.
[01:21:05.000 --> 01:21:11.000]  No, no. That seems to be the growing norm these days.
[01:21:11.000 --> 01:21:20.000]  Natalie in Texas, I understand that you've got video footage of this.
[01:21:20.000 --> 01:21:21.000]  Yeah.
[01:21:21.000 --> 01:21:27.000]  I understand that this video footage is on public medium.
[01:21:27.000 --> 01:21:28.000]  Yeah.
[01:21:28.000 --> 01:21:33.000]  Get it off.
[01:21:33.000 --> 01:21:34.000]  Why?
[01:21:34.000 --> 01:21:35.000]  Get it off.
[01:21:35.000 --> 01:21:43.000]  This is civil behavior, civil courts, and in the civil courts, you don't give fair warning.
[01:21:43.000 --> 01:21:45.000]  You give bushwhack.
[01:21:45.000 --> 01:21:50.000]  You don't want them to see that video until they've gotten court and lied like dogs.
[01:21:50.000 --> 01:21:53.000]  No, this wouldn't be civil. This would be criminal.
[01:21:53.000 --> 01:21:56.000]  I know. I was being facetious.
[01:21:56.000 --> 01:22:03.000]  I was making the point that in this kind of thing, you don't give fair warning.
[01:22:03.000 --> 01:22:09.000]  They're going to get in court, and this officer is going to lie like a dog,
[01:22:09.000 --> 01:22:14.000]  and you don't want him to know you have the video until he's already lied like a dog.
[01:22:14.000 --> 01:22:17.000]  He knew I was videotaping him.
[01:22:17.000 --> 01:22:23.000]  That's fine. That's all well and good. Get it off of public media.
[01:22:23.000 --> 01:22:28.000]  I know you want people to see it, but hammer him first.
[01:22:28.000 --> 01:22:33.000]  Well, I know because I need direction. I need an attorney.
[01:22:33.000 --> 01:22:42.000]  I don't have the means to just go out and put a retainer fee.
[01:22:42.000 --> 01:22:43.000]  Use the video.
[01:22:43.000 --> 01:22:46.000]  Then you're not going to get a lawyer.
[01:22:46.000 --> 01:22:50.000]  Use the video to go to an attorney with and show that to them.
[01:22:50.000 --> 01:22:55.000]  But get it off of public media.
[01:22:55.000 --> 01:23:01.000]  Well, I don't know if me getting it off is going to actually take it off.
[01:23:01.000 --> 01:23:03.000]  It's your call.
[01:23:03.000 --> 01:23:05.000]  You can do what you want.
[01:23:05.000 --> 01:23:07.000]  It reduces your claim, is all.
[01:23:07.000 --> 01:23:14.000]  We're telling you what would give you the best claim.
[01:23:14.000 --> 01:23:21.000]  And giving them fair warning of everything you've got to use against them is not a good strategy.
[01:23:21.000 --> 01:23:24.000]  No.
[01:23:24.000 --> 01:23:29.000]  You may want to demonstrate to everybody that you're the good guy here and you were mistreated.
[01:23:29.000 --> 01:23:31.000]  I understand that.
[01:23:31.000 --> 01:23:40.000]  One of the hardest things to grasp is that if we're going to beat these guys,
[01:23:40.000 --> 01:23:46.000]  we have to forego instant gratification.
[01:23:46.000 --> 01:23:48.000]  We have to be patient.
[01:23:48.000 --> 01:23:56.000]  Disengage the heart, engage the mind.
[01:23:56.000 --> 01:24:00.000]  Pay no attention to instinct.
[01:24:00.000 --> 01:24:02.000]  That goes to the instant gratification.
[01:24:02.000 --> 01:24:03.000]  I want this guy.
[01:24:03.000 --> 01:24:05.000]  I want all the world to know how bad he is.
[01:24:05.000 --> 01:24:07.000]  Don't tell the world how bad he is.
[01:24:07.000 --> 01:24:13.000]  Tell the court and do it by surprise.
[01:24:13.000 --> 01:24:20.000]  Like Randy said, if he's going to hang himself, give him all the rope in the world.
[01:24:20.000 --> 01:24:22.000]  There's a rule.
[01:24:22.000 --> 01:24:27.000]  Never interfere with somebody who's screwing up.
[01:24:27.000 --> 01:24:31.000]  And these officers are taught to test the lie.
[01:24:31.000 --> 01:24:34.000]  Test the lying is an art form for these guys.
[01:24:34.000 --> 01:24:44.000]  And they feel absolutely immune from any blowback from their lying and misrepresenting the truth.
[01:24:44.000 --> 01:24:49.000]  But when you got video that changes everything,
[01:24:49.000 --> 01:24:57.000]  look at this guy who punched his fiance in an elevator.
[01:24:57.000 --> 01:24:59.000]  Bad move.
[01:24:59.000 --> 01:25:06.000]  They had video changes everything.
[01:25:06.000 --> 01:25:08.000]  You got the video.
[01:25:08.000 --> 01:25:10.000]  He may know you have it.
[01:25:10.000 --> 01:25:13.000]  He don't know what it looks like.
[01:25:13.000 --> 01:25:21.000]  So to wrap this up, what you might consider doing to get some type of remedy
[01:25:21.000 --> 01:25:27.000]  is you've got until next Thursday to file your notice of intent to appeal.
[01:25:27.000 --> 01:25:33.000]  Then you're going to have probably 30 days from then to file your appeal brief.
[01:25:33.000 --> 01:25:35.000]  You've got a lot of writing to do.
[01:25:35.000 --> 01:25:39.000]  Wait, next Tuesday to file your notice?
[01:25:39.000 --> 01:25:41.000]  Tuesday.
[01:25:41.000 --> 01:25:44.000]  Yes, Tuesday, the second.
[01:25:44.000 --> 01:25:49.000]  Okay, so you've got until Tuesday to file your notice of appeal.
[01:25:49.000 --> 01:25:53.000]  Then you'll have to file an appeal brief within the given time.
[01:25:53.000 --> 01:26:00.000]  If you need more time, you can file for an extension of time.
[01:26:00.000 --> 01:26:03.000]  The courts will usually give you an extension of time.
[01:26:03.000 --> 01:26:06.000]  I don't know how long they'll put up with that,
[01:26:06.000 --> 01:26:13.000]  but you can get more time to get your appeal brief on the record.
[01:26:13.000 --> 01:26:19.000]  Or you've got the alternative, which you spoke of, of hiring an attorney.
[01:26:19.000 --> 01:26:24.000]  One little piece of information, my experience with JP courts,
[01:26:24.000 --> 01:26:33.000]  their notice of appeal form has an affidavit of inability to pay attached.
[01:26:33.000 --> 01:26:36.000]  Ah, is it up to date?
[01:26:36.000 --> 01:26:38.000]  It doesn't matter.
[01:26:38.000 --> 01:26:43.000]  If you get it from the court itself, the court can't complain.
[01:26:43.000 --> 01:26:47.000]  Yeah, if she gets it from the court, it's up to date.
[01:26:47.000 --> 01:26:51.000]  They didn't provide any type of form,
[01:26:51.000 --> 01:26:54.000]  and they said that I would have to produce everything myself,
[01:26:54.000 --> 01:26:58.000]  so they did not provide any type of form for that.
[01:26:58.000 --> 01:27:03.000]  What part of Texas are you in?
[01:27:03.000 --> 01:27:07.000]  The part that pollutes everything.
[01:27:07.000 --> 01:27:11.000]  Are you in a large metropolitan area,
[01:27:11.000 --> 01:27:15.000]  or are you in Podunk Junction somewhere out in the middle of nothing?
[01:27:15.000 --> 01:27:18.000]  Right off the mainland of Galveston.
[01:27:18.000 --> 01:27:21.000]  Okay, then you're in a jurisdiction that has a population
[01:27:21.000 --> 01:27:27.000]  great enough for the court to have template documents.
[01:27:27.000 --> 01:27:31.000]  Well, when I asked them after court, they said no.
[01:27:31.000 --> 01:27:36.000]  Okay, you need to go to the library, the law library.
[01:27:36.000 --> 01:27:45.000]  Go to the law library and ask if they've got a current notice of appeal
[01:27:45.000 --> 01:27:51.000]  and affidavit of inability to pay cost of appeal.
[01:27:51.000 --> 01:27:53.000]  A notice of appeal, all that is,
[01:27:53.000 --> 01:27:57.000]  is I hereby give notice to the court of my intent to appeal.
[01:27:57.000 --> 01:28:00.000]  That's one paragraph, period, done.
[01:28:00.000 --> 01:28:02.000]  That's it.
[01:28:02.000 --> 01:28:08.000]  And the best place to go is the law librarians in the law libraries,
[01:28:08.000 --> 01:28:11.000]  they will just bend over backwards to help you
[01:28:11.000 --> 01:28:16.000]  and probably know more than all the lawyers out there put together.
[01:28:16.000 --> 01:28:18.000]  Amen.
[01:28:18.000 --> 01:28:23.000]  Now expect to pay for it, a quarter a page maybe.
[01:28:23.000 --> 01:28:29.000]  It may be a total of five pages, six perhaps.
[01:28:29.000 --> 01:28:35.000]  There should be an area on there for you to place a notary seal.
[01:28:35.000 --> 01:28:39.000]  Do not sign that until you're in front of a notary.
[01:28:39.000 --> 01:28:43.000]  Take ID with you, current ID.
[01:28:43.000 --> 01:28:48.000]  Get notarized, get it in court by Tuesday.
[01:28:48.000 --> 01:28:50.000]  Okay, we really need to move along,
[01:28:50.000 --> 01:28:54.000]  got a bunch of callers and run it out of time.
[01:28:54.000 --> 01:28:59.000]  Natalie, let us know how it goes and call back,
[01:28:59.000 --> 01:29:03.000]  well, let me see, by Tuesday you should have that filed if you're going to.
[01:29:03.000 --> 01:29:07.000]  Call us back Friday and let us know how it goes.
[01:29:07.000 --> 01:29:08.000]  Okay, will do.
[01:29:08.000 --> 01:29:10.000]  Okay, thank you for calling in.
[01:29:10.000 --> 01:29:13.000]  Now we're going to Sonny in Georgia.
[01:29:13.000 --> 01:29:17.000]  Good evening, Sonny, how are you?
[01:29:17.000 --> 01:29:19.000]  Good, how are you doing?
[01:29:19.000 --> 01:29:20.000]  Fine.
[01:29:20.000 --> 01:29:22.000]  What's on your mind tonight?
[01:29:22.000 --> 01:29:31.000]  Well, I've got a foreclosure coming up first Tuesday in November.
[01:29:31.000 --> 01:29:36.000]  Okay, I hear the music.
[01:29:36.000 --> 01:29:40.000]  We'll close on a foreclosure date of next Tuesday,
[01:29:40.000 --> 01:29:43.000]  which is again the second of October,
[01:29:43.000 --> 01:29:50.000]  and 512-646-1984 will get you in line to stump the chumps.
[01:29:50.000 --> 01:29:52.000]  You're listening to Rural Law Radio, folks.
[01:29:52.000 --> 01:29:54.000]  Thank you for tuning in this Friday night, and we'll be right back.
[01:29:54.000 --> 01:30:03.000]  Stay tuned.
[01:30:03.000 --> 01:30:06.000]  In Japan, where pampering your dog is serious stuff,
[01:30:06.000 --> 01:30:10.000]  pet lovers can now keep track of every step their beloved pooches take.
[01:30:10.000 --> 01:30:14.000]  I've got your Cameron Albrecht back to tell you about the latest in pet equipment,
[01:30:14.000 --> 01:30:17.000]  dog pedometers, in a moment.
[01:30:17.000 --> 01:30:19.000]  Privacy is under attack.
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[01:30:22.000 --> 01:30:27.000]  And once your privacy is gone, you'll find your freedoms will start to vanish, too.
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[01:30:46.000 --> 01:30:50.000]  On weekends in Tokyo's Yoyogi Park, it's common to see women wheeling their dogs
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[01:33:02.000 --> 01:33:08.000]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:32.000 --> 01:33:34.000]  Thank you very much.
[01:34:03.000 --> 01:34:06.000]  Okay, we are back.
[01:34:06.000 --> 01:34:10.000]  Randy Shelton, Steve Skidmore, Rubra Radio.
[01:34:10.000 --> 01:34:15.000]  And we're talking to Sonny in Georgia.
[01:34:15.000 --> 01:34:22.000]  Who's going through a foreclosure or a sale date of the second next Tuesday.
[01:34:22.000 --> 01:34:27.000]  Have you taken any action in your foreclosure case?
[01:34:27.000 --> 01:34:34.000]  Not with this attempt to foreclose.
[01:34:34.000 --> 01:34:41.000]  They attempted back several years ago.
[01:34:41.000 --> 01:34:45.000]  Hold on, hold on.
[01:34:45.000 --> 01:34:47.000]  We need more specificity.
[01:34:47.000 --> 01:34:49.000]  How many years ago?
[01:34:49.000 --> 01:34:59.000]  I believe it was three, about three years ago, roughly.
[01:34:59.000 --> 01:35:03.000]  Okay, Steve, you want to talk about limitations?
[01:35:03.000 --> 01:35:07.000]  Statute of limitations on foreclosure in the state of Texas is four years.
[01:35:07.000 --> 01:35:14.000]  I don't know about Georgia, but the research that I've done is generally either four to five years.
[01:35:14.000 --> 01:35:18.000]  I think Illinois was six, and that was the highest I've ever seen.
[01:35:18.000 --> 01:35:21.000]  Yeah, yeah, likewise.
[01:35:21.000 --> 01:35:27.000]  For the majority of the states out there, it's four or five years.
[01:35:27.000 --> 01:35:34.000]  Now, keep in mind your statutes of limitations will have an accrual date.
[01:35:34.000 --> 01:35:42.000]  An accrual date is when a cause of action would have taken place or accrued.
[01:35:42.000 --> 01:35:55.000]  So if they're claiming a default, here I'm fighting a very similar issue on statute of limitations.
[01:35:55.000 --> 01:36:03.000]  That is a two-year statute of limitations on parties' right to file a forcible entering detainer
[01:36:03.000 --> 01:36:10.000]  or a forcible detainer, which is an eviction action here in the state of Texas under the Texas government.
[01:36:10.000 --> 01:36:18.000]  I'm sorry, Texas Civil Practice and Remedies Code, Section 16.003A,
[01:36:18.000 --> 01:36:24.000]  that gives a party two years to file suit to recover real property.
[01:36:24.000 --> 01:36:28.000]  So check your Georgia statutes.
[01:36:28.000 --> 01:36:35.000]  Now, what our situation has come down to, in the state of Texas,
[01:36:35.000 --> 01:36:44.000]  is currently some of the elements behind this are an issue of first impression.
[01:36:44.000 --> 01:36:51.000]  Here's a couple of things for you to be on the lookout for, okay?
[01:36:51.000 --> 01:36:59.000]  You can expect the other side, since you've got such a vast period of time,
[01:36:59.000 --> 01:37:08.000]  you can expect the other side to claim that a cause may have accrued on the fourth day.
[01:37:08.000 --> 01:37:13.000]  And now this would be correct if they claim it. If not, you can claim it.
[01:37:13.000 --> 01:37:20.000]  They may claim that it can re-accrue whenever they send you a three-day notice.
[01:37:20.000 --> 01:37:29.000]  But the crux of that issue right there is, in my interpretation of the law,
[01:37:29.000 --> 01:37:37.000]  that there is a difference between a landlord-tenant relationship
[01:37:37.000 --> 01:37:46.000]  created under a rent or lease agreement from one created under a deed of trust or mortgage
[01:37:46.000 --> 01:37:52.000]  because you are a straight tenant if you are renting or leasing,
[01:37:52.000 --> 01:37:59.000]  but you are a tenant at sufferance under a deed of trust.
[01:37:59.000 --> 01:38:07.000]  Under a lease or rent agreement, a cause of action can accrue each month
[01:38:07.000 --> 01:38:10.000]  that you still possess the property.
[01:38:10.000 --> 01:38:16.000]  However, under a deed of trust or mortgage, a tenant at sufferance,
[01:38:16.000 --> 01:38:23.000]  a party who would have the right to sue for forcible detainer or forcible entry and detainer
[01:38:23.000 --> 01:38:30.000]  or whatever Georgia calls their eviction actions, that can only accrue one time.
[01:38:30.000 --> 01:38:35.000]  Okay. Now, wait a minute, Steve. He hasn't been foreclosed on yet, so this is fine.
[01:38:35.000 --> 01:38:43.000]  I understand that. I understand that. But we're still talking about statutes of limitations.
[01:38:43.000 --> 01:38:50.000]  One is to file a foreclosure. Is Georgia, do you have, there in Georgia,
[01:38:50.000 --> 01:38:54.000]  do you have a deed of trust or a mortgage security instrument?
[01:38:54.000 --> 01:38:57.000]  It's a deed of trust.
[01:38:57.000 --> 01:39:05.000]  So you're in a lien theory state. That means you're in a non-judicial state.
[01:39:05.000 --> 01:39:13.000]  They don't need the courts to foreclose, but they would still have to try to evict you.
[01:39:13.000 --> 01:39:26.000]  Now, when the cause accrues for you to go into foreclosure, this is here where it differs.
[01:39:26.000 --> 01:39:34.000]  Here in Texas, you've got a four-year limit from the time that you go into default
[01:39:34.000 --> 01:39:44.000]  for them to move forward with the foreclosure, keeping in mind that they don't have to move through the court.
[01:39:44.000 --> 01:39:50.000]  The foreclosure itself in a lien theory state is the day of sale.
[01:39:50.000 --> 01:39:54.000]  That's when the actual foreclosure takes place, is when they hold the sale.
[01:39:54.000 --> 01:40:03.000]  Now, the question before you is how long between the time you defaulted till present.
[01:40:03.000 --> 01:40:13.000]  Check your state statutes and see if you have a four- or five-year statute of limitations on foreclosure.
[01:40:13.000 --> 01:40:17.000]  If it's four years and it's been greater than four years, then they can't foreclose.
[01:40:17.000 --> 01:40:19.000]  They're outside their statute of limitations.
[01:40:19.000 --> 01:40:31.000]  Do you have a document stating that the first document they gave you that stated that you were in default, it'll have a date on it?
[01:40:31.000 --> 01:40:33.000]  Yes.
[01:40:33.000 --> 01:40:35.000]  Do you have that?
[01:40:35.000 --> 01:40:39.000]  The day after they claimed you were in default is your accrual date.
[01:40:39.000 --> 01:40:45.000]  Count forward four years from that, and if they have not foreclosed, they can't.
[01:40:45.000 --> 01:40:49.000]  They're required by time from doing so.
[01:40:49.000 --> 01:40:50.000]  Okay.
[01:40:50.000 --> 01:40:57.000]  I don't think I'm quite there yet, and the foreclosure date is November the 4th.
[01:40:57.000 --> 01:41:00.000]  It was the first Tuesday in November.
[01:41:00.000 --> 01:41:01.000]  Oh, November.
[01:41:01.000 --> 01:41:02.000]  Okay.
[01:41:02.000 --> 01:41:04.000]  What year?
[01:41:04.000 --> 01:41:06.000]  This year.
[01:41:06.000 --> 01:41:07.000]  2014?
[01:41:07.000 --> 01:41:09.000]  Over a month.
[01:41:09.000 --> 01:41:15.000]  The foreclosure date is in a month? Okay, you've got time then.
[01:41:15.000 --> 01:41:24.000]  Have you looked in the county recorder's office and pulled the records filed against your property?
[01:41:24.000 --> 01:41:26.000]  It's been about three years since I've done that.
[01:41:26.000 --> 01:41:31.000]  I do need to go and see what other funds was.
[01:41:31.000 --> 01:41:36.000]  Who was the original lender?
[01:41:36.000 --> 01:41:43.000]  The original lender was Southern Lenders Mortgage Company, who is now a dead man.
[01:41:43.000 --> 01:41:46.000]  Oh, that's good to hear.
[01:41:46.000 --> 01:41:58.000]  Did Southern Lenders Mortgage Company file an assignment of the security instrument to another party before he died?
[01:41:58.000 --> 01:42:03.000]  No, MERS assigned it for them about three years after they died.
[01:42:03.000 --> 01:42:05.000]  Oh, good to hear.
[01:42:05.000 --> 01:42:10.000]  How did they get agency to act on behalf of a dead guy?
[01:42:10.000 --> 01:42:12.000]  Good question.
[01:42:12.000 --> 01:42:29.000]  Okay, that is a good, you need to file a quiet title action to quiet the assignment of the security instrument.
[01:42:29.000 --> 01:42:36.000]  And then file a less pendence in the court record and notice the trustee.
[01:42:36.000 --> 01:42:47.000]  If Georgia's like Texas, and I suspect it will be, a trustee is immune from suit so long as he acts in good faith.
[01:42:47.000 --> 01:42:57.000]  Once there's a less pendence filed, the example I have is from a lawyer's page.
[01:42:57.000 --> 01:43:04.000]  He said if you're on the courthouse steps at 8 o'clock waiting to purchase,
[01:43:04.000 --> 01:43:10.000]  and someone files a less pendence with the clerk at 9 o'clock when they open,
[01:43:10.000 --> 01:43:18.000]  and the sale starts at 10 o'clock and you buy the property you knew about that less pendence.
[01:43:18.000 --> 01:43:22.000]  You have imputed knowledge of the less pendence.
[01:43:22.000 --> 01:43:26.000]  You have imputed knowledge of everything that is in the public record.
[01:43:26.000 --> 01:43:34.000]  So, get a quiet title action filed on this instrument.
[01:43:34.000 --> 01:43:44.000]  And when you file the quiet title, only ask for them to rule that this document is fraudulent on its face, is improperly filed.
[01:43:44.000 --> 01:43:46.000]  Don't ask for anything else.
[01:43:46.000 --> 01:43:52.000]  The judge will use that to screw you with, and we'll explain that when we get back on the other side.
[01:43:52.000 --> 01:44:00.000]  Randy Kelton, Steve Skidmore with our radio, I call it number, ah, too late to give it, we'll be right back.
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[01:46:22.000 --> 01:46:42.000]  Welcome back to Rule of Law Radio, folks.
[01:46:42.000 --> 01:46:51.000]  We are in the last segment for tonight's show, and before we left, we were talking about foreclosure issues with Sonny and Georgia's Sonny.
[01:46:51.000 --> 01:46:57.000]  You've got MERS trying to assign something for a dead guy.
[01:46:57.000 --> 01:47:01.000]  I'd like to know how he gets the authority to do that.
[01:47:01.000 --> 01:47:03.000]  That's the first issue.
[01:47:03.000 --> 01:47:08.000]  Randy, you want to take this through and see if we can get to Crystal and Nevada?
[01:47:08.000 --> 01:47:09.000]  Yes.
[01:47:09.000 --> 01:47:12.000]  Sonny, send me an email.
[01:47:12.000 --> 01:47:20.000]  Send me the first page of the Deed of Trust and the first page of any other documents filed in the record.
[01:47:20.000 --> 01:47:28.000]  And the note, so I have the interest on the note, on the mortgage.
[01:47:28.000 --> 01:47:34.000]  And I'll send you back a calculation where you may be able to bring the banks to the table and make your deal.
[01:47:34.000 --> 01:47:37.000]  You can't pass it up.
[01:47:37.000 --> 01:47:41.000]  And it'll give me an idea of what claims you have against him.
[01:47:41.000 --> 01:47:44.000]  I'll give you kind of a synopsis.
[01:47:44.000 --> 01:47:46.000]  Okay?
[01:47:46.000 --> 01:47:56.000]  Yeah, I think that you've talked about in the past how to challenge the notary on these assignments as well,
[01:47:56.000 --> 01:48:04.000]  requesting a certain range of dates of their log.
[01:48:04.000 --> 01:48:05.000]  Notary ledger, yes.
[01:48:05.000 --> 01:48:07.000]  Have you done that?
[01:48:07.000 --> 01:48:10.000]  I have not done that yet.
[01:48:10.000 --> 01:48:12.000]  You waited way too long to do that.
[01:48:12.000 --> 01:48:14.000]  Yeah.
[01:48:14.000 --> 01:48:17.000]  Those are claims you may be able to make later.
[01:48:17.000 --> 01:48:22.000]  Right now you have a good quiet title claim and you can get that in quickly.
[01:48:22.000 --> 01:48:29.000]  The notary ledger is going to be irrelevant to quiet title at this point.
[01:48:29.000 --> 01:48:30.000]  Okay.
[01:48:30.000 --> 01:48:35.000]  Now what about the bifurcation of the note?
[01:48:35.000 --> 01:48:37.000]  Forget about it at this point.
[01:48:37.000 --> 01:48:44.000]  We've got 200, you're going straight to Carpenter v. Longin.
[01:48:44.000 --> 01:48:50.000]  The whole in Carpenter v. Longin is that we've got 200 years of well-founded jurisprudence in contract law
[01:48:50.000 --> 01:48:57.000]  that states that where there are multiple documents created at the same time for the same purpose
[01:48:57.000 --> 01:49:04.000]  and in the same course of business, such as a note and a deed of trust,
[01:49:04.000 --> 01:49:10.000]  they are to be read and construed as together.
[01:49:10.000 --> 01:49:15.000]  So it doesn't matter if Mary's got the note and Bob's got the deed of trust.
[01:49:15.000 --> 01:49:17.000]  It doesn't matter.
[01:49:17.000 --> 01:49:21.000]  If you want to talk bifurcation, there's a different bifurcation issue
[01:49:21.000 --> 01:49:25.000]  that can come up in the process of securitization.
[01:49:25.000 --> 01:49:32.000]  The bifurcation, that being the stripping of the original note of its value element
[01:49:32.000 --> 01:49:37.000]  by making a carbon copy or an electronic copy of the original instrument
[01:49:37.000 --> 01:49:42.000]  and then selling that electronic copy into a securities pool.
[01:49:42.000 --> 01:49:48.000]  They have bifurcated the value element from the document that you gave value
[01:49:48.000 --> 01:49:51.000]  with your wedding signature and they sold it.
[01:49:51.000 --> 01:49:54.000]  So when they come to court with a copy of the note,
[01:49:54.000 --> 01:50:01.000]  you can pretend like you've got two pairs of glasses, your people glasses and your legal glasses.
[01:50:01.000 --> 01:50:06.000]  If you know that this was securitized, you can argue this.
[01:50:06.000 --> 01:50:13.000]  If you were to see a copy of the note as it exists today through your people glasses,
[01:50:13.000 --> 01:50:19.000]  you would see a paragraph saying that I, Sonny in Georgia,
[01:50:19.000 --> 01:50:24.000]  promised to pay an amount of $150,000 over the course of 30 years
[01:50:24.000 --> 01:50:28.000]  and some more blah, blah, blah, blah, blah, blah, blah ad nauseum.
[01:50:28.000 --> 01:50:35.000]  Take your people glasses off, put your legal glasses on and look at it again.
[01:50:35.000 --> 01:50:38.000]  The same instrument, look at it again.
[01:50:38.000 --> 01:50:44.000]  The I promise to pay part is gone. It's gone.
[01:50:44.000 --> 01:50:48.000]  They stripped that out of there when they made the electronic copy
[01:50:48.000 --> 01:50:55.000]  and sold that electronic copy upon the moment of sale or transfer into a securities pool
[01:50:55.000 --> 01:51:01.000]  where somebody bought it as part of a hedge fund, part of a 401K,
[01:51:01.000 --> 01:51:07.000]  as part of some other type of investment.
[01:51:07.000 --> 01:51:11.000]  They bifurcated the value element of your note.
[01:51:11.000 --> 01:51:19.000]  Now you're now neither the copy nor the original have any value
[01:51:19.000 --> 01:51:26.000]  because we go to UCC or state equivalent 3- or 3.202 here in Texas,
[01:51:26.000 --> 01:51:32.000]  3-202 of the UCC, 203, I'm sorry, 203D.
[01:51:32.000 --> 01:51:37.000]  If the transfer or purports to transfer less than the entire instrument,
[01:51:37.000 --> 01:51:44.000]  negotiation does not occur and the assignee acquires no rights under this chapter.
[01:51:44.000 --> 01:51:51.000]  So there's you some food for thought and if you want to talk bifurcation,
[01:51:51.000 --> 01:51:55.000]  I would talk bifurcation through the securities aspect,
[01:51:55.000 --> 01:51:58.000]  not the separation of the deed of trust from the note
[01:51:58.000 --> 01:52:06.000]  because that really doesn't matter in today's banking climate or court climate.
[01:52:06.000 --> 01:52:10.000]  And I suggest that you quickly get something filed.
[01:52:10.000 --> 01:52:14.000]  If you don't have time to research those issues, the easiest thing to file
[01:52:14.000 --> 01:52:23.000]  is a quiet title based on the assignment of the security instrument.
[01:52:23.000 --> 01:52:25.000]  How about a TRO, Randy?
[01:52:25.000 --> 01:52:32.000]  Well, you have to ask for a TRO but you need that suit filed first
[01:52:32.000 --> 01:52:35.000]  so that you can ask for a TRO.
[01:52:35.000 --> 01:52:38.000]  If you get the suit filed quickly, you don't need a TRO.
[01:52:38.000 --> 01:52:41.000]  You can ask for a preliminary injunction.
[01:52:41.000 --> 01:52:43.000]  TRO is just an emergency.
[01:52:43.000 --> 01:52:46.000]  If you don't have 15 days to notify the other side,
[01:52:46.000 --> 01:52:52.000]  you ask for a temporary restraining order to restrain the other side
[01:52:52.000 --> 01:53:01.000]  until you can give them 15 days notice and hold a hearing on a preliminary injunction.
[01:53:01.000 --> 01:53:02.000]  Right.
[01:53:02.000 --> 01:53:10.000]  If you do a quiet title, then you may not need the TRO because you do the quiet title action.
[01:53:10.000 --> 01:53:11.000]  Get it filed.
[01:53:11.000 --> 01:53:12.000]  It doesn't matter if it's perfect.
[01:53:12.000 --> 01:53:13.000]  Just get it filed.
[01:53:13.000 --> 01:53:14.000]  You get it filed.
[01:53:14.000 --> 01:53:17.000]  If you filed it all wrong, screwed the whole thing up,
[01:53:17.000 --> 01:53:20.000]  the court will come back and say, this is a bunch of crap.
[01:53:20.000 --> 01:53:21.000]  It's a mess.
[01:53:21.000 --> 01:53:22.000]  Fix it.
[01:53:22.000 --> 01:53:24.000]  And you can fix it.
[01:53:24.000 --> 01:53:25.000]  But time is short.
[01:53:25.000 --> 01:53:26.000]  Get something filed.
[01:53:26.000 --> 01:53:32.000]  File a less pendence in the record and send a copy of that less pendence to the trustee
[01:53:32.000 --> 01:53:37.000]  notifying the trustee that if you sell this property, I'll sue you personally.
[01:53:37.000 --> 01:53:41.000]  That's what's most likely to stop it immediately.
[01:53:41.000 --> 01:53:46.000]  And then go ahead if you still have time and file for a preliminary injunction.
[01:53:46.000 --> 01:53:51.000]  And if the time is really short, a temporary restraining order.
[01:53:51.000 --> 01:54:01.000]  But generally a less pendence in the record and a notice to the trustee will generally stop the sale.
[01:54:01.000 --> 01:54:05.000]  That's probably the quickest way to stop it.
[01:54:05.000 --> 01:54:09.000]  But even if they sell the property, all is not lost.
[01:54:09.000 --> 01:54:15.000]  Especially if you have a less pendence, you have a claim.
[01:54:15.000 --> 01:54:21.000]  If somebody buys it with a less pendence on it and you sue them immediately,
[01:54:21.000 --> 01:54:26.000]  and they will have a conniption if you sue for third-party purchases,
[01:54:26.000 --> 01:54:30.000]  they'll have a conniption and they will immediately sue the bank.
[01:54:30.000 --> 01:54:34.000]  If the bank buys it back, now they're stuck with the property,
[01:54:34.000 --> 01:54:40.000]  and you've got an action against them that can't ethically sell the property.
[01:54:40.000 --> 01:54:42.000]  That depends on who buys it.
[01:54:42.000 --> 01:54:45.000]  That's what I said.
[01:54:45.000 --> 01:54:49.000]  If it's just some schmoe off the street looking for a cheap house,
[01:54:49.000 --> 01:54:55.000]  he probably won't know to sue the lender or sue the foreclosing party.
[01:54:55.000 --> 01:55:02.000]  Yeah, if we sue him, he'll go get a lawyer and the lawyer will tell him you've got to sue the bank.
[01:55:02.000 --> 01:55:09.000]  Because you're going to claim that the buyer had imputed knowledge of what was in the record.
[01:55:09.000 --> 01:55:13.000]  If you're unhappy, tough. Let's cut this off.
[01:55:13.000 --> 01:55:19.000]  I'm sorry, we had one more caller on a foreclosure issue.
[01:55:19.000 --> 01:55:23.000]  We're running out of time, and I think Crystal is a new caller.
[01:55:23.000 --> 01:55:26.000]  I haven't seen her before. I'd like to give her a couple of minutes.
[01:55:26.000 --> 01:55:28.000]  Is that all right with you, Sonny?
[01:55:28.000 --> 01:55:30.000]  Thank you. Thank you, Randy.
[01:55:30.000 --> 01:55:32.000]  You are welcome.
[01:55:32.000 --> 01:55:37.000]  Get those documents to randyatrulelawradio.com.
[01:55:37.000 --> 01:55:41.000]  Okay. Hello, Crystal. What do you have for us?
[01:55:41.000 --> 01:55:43.000]  Hello. No, I'm not a new caller.
[01:55:43.000 --> 01:55:47.000]  I've been admiring my problem with Washington Mutual for about five years.
[01:55:47.000 --> 01:55:50.000]  Oh, okay.
[01:55:50.000 --> 01:55:53.000]  Okay, go quickly. We've got three minutes.
[01:55:53.000 --> 01:55:59.000]  Yeah, all I want is somehow to retain one of you guys to help hold my hand to start this,
[01:55:59.000 --> 01:56:03.000]  because there's nothing in the record. There's nothing down at the county court.
[01:56:03.000 --> 01:56:06.000]  We cannot be retained. We are not attorneys.
[01:56:06.000 --> 01:56:09.000]  But I can give you an evaluation.
[01:56:09.000 --> 01:56:14.000]  Send me an email. Send me everything that's been filed in the record,
[01:56:14.000 --> 01:56:17.000]  and I'll get back to you and show you what we didn't do.
[01:56:17.000 --> 01:56:22.000]  I need to talk to you to find out what your intended outcome is,
[01:56:22.000 --> 01:56:26.000]  and I can craft you some remedy.
[01:56:26.000 --> 01:56:29.000]  Okay, excellent. I hope you don't.
[01:56:29.000 --> 01:56:32.000]  All right, I'll make a donation.
[01:56:32.000 --> 01:56:37.000]  Okay. Before you go, just very briefly, where are you in this situation?
[01:56:37.000 --> 01:56:40.000]  Give us kind of a brief nutshell.
[01:56:40.000 --> 01:56:43.000]  Oh, no time limit. I'm not in arrears.
[01:56:43.000 --> 01:56:47.000]  It's just we're paying case Manhattan, and every time I have to pay the mortgage,
[01:56:47.000 --> 01:56:51.000]  it just irks my car that they don't even bother.
[01:56:51.000 --> 01:56:57.000]  Oh, wonderful. I'll show you how to really jerk them around.
[01:56:57.000 --> 01:57:04.000]  Yeah. If you're not in arrears, honey, you have the clear upper hand.
[01:57:04.000 --> 01:57:05.000]  Okay.
[01:57:05.000 --> 01:57:12.000]  If I could offer you any advice, it would be to not fall into arrears.
[01:57:12.000 --> 01:57:13.000]  Not a problem.
[01:57:13.000 --> 01:57:16.000]  But I can't offer advice, so I won't say that.
[01:57:16.000 --> 01:57:20.000]  Okay.
[01:57:20.000 --> 01:57:25.000]  Okay. Thank you, Crystal. Okay, we've got time for one more.
[01:57:25.000 --> 01:57:27.000]  Barely. Barely.
[01:57:27.000 --> 01:57:30.000]  We've got a minute, less than a minute and a half.
[01:57:30.000 --> 01:57:33.000]  Wall in New York, where do you got it?
[01:57:33.000 --> 01:57:36.000]  I'm going to go real quickly. Good evening, Steve and Randy.
[01:57:36.000 --> 01:57:40.000]  Randy, could you just give me the listeners a quick update on your case you had
[01:57:40.000 --> 01:57:46.000]  when you were arrested and put in jail for practicing law or a license?
[01:57:46.000 --> 01:57:55.000]  Oh, it wasn't that. I was accused of opting in a prosecuted business
[01:57:55.000 --> 01:58:04.000]  because I filed a criminal record against the bridge security committee.
[01:58:04.000 --> 01:58:05.000]  What's up, man?
[01:58:05.000 --> 01:58:06.000]  You're bad.
[01:58:06.000 --> 01:58:11.000]  You're a real bad bitch.
[01:58:11.000 --> 01:58:12.000]  See?
[01:58:12.000 --> 01:58:14.000]  Barely.
[01:58:14.000 --> 01:58:16.000]  You're a real bad bitch.
[01:58:16.000 --> 01:58:18.000]  Yeah, I guess you're right.
[01:58:18.000 --> 01:58:20.000]  You're a real bad bitch.
[01:58:20.000 --> 01:58:22.000]  I just want to tell you.
[01:58:22.000 --> 01:58:26.000]  Randy, excuse me.
[01:58:26.000 --> 01:58:27.000]  What?
[01:58:27.000 --> 01:58:31.000]  Come back.
[01:58:31.000 --> 01:58:36.000]  I'm going to make sure that I'm all clean.
[01:58:36.000 --> 01:58:51.000]  Okay.
[01:58:51.000 --> 01:59:06.000]  Let's go.
[01:59:06.000 --> 01:59:21.000]  Let's go.
[01:59:21.000 --> 01:59:37.000]  This translation is highly accurate and it comes with over 13,000 cross references,
[01:59:37.000 --> 01:59:52.000]  so you can read them all at 888-551-0102.
[01:59:52.000 --> 01:59:54.000]  Looking for some truth?
[01:59:54.000 --> 01:59:55.000]  You found it.
[01:59:55.000 --> 02:00:07.000]  Thank you.