[00:00.000 --> 00:08.000]  You're listening to the Liberty Beat, your daily source for Liberty news and activist
[00:08.000 --> 00:12.520]  updates, online at TheLibertyBeat.com.
[00:12.520 --> 00:17.400]  John Bush here with your Liberty Beat for Friday, March 20th, 2015.
[00:17.400 --> 00:27.560]  Gold is trading around $1,171, silver around $16.11, and Bitcoin is trading around $264.
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[01:01.000 --> 01:04.960]  The American Civil Liberties Union and the New York Civil Liberties Union have filed
[01:04.960 --> 01:09.840]  suit against the Transportation Security Administration for records related to the Controversial
[01:09.840 --> 01:14.040]  Screening Passengers by Observation Techniques Program.
[01:14.040 --> 01:18.380]  The Civil Liberties Organization say they are seeking records related to the effectiveness
[01:18.380 --> 01:23.600]  of the Widely Criticized Program, as well as the percentage of minorities that are targeted.
[01:23.600 --> 01:29.240]  The SPOT program involved TSA behavior detection officers scanning passengers for behavior
[01:29.240 --> 01:32.880]  that the agency associates with stress and fear.
[01:32.880 --> 01:37.560]  The program has been criticized by Congress' Government Accountability Office and independent
[01:37.560 --> 01:43.740]  researchers as ineffective and wasteful.
[01:43.740 --> 01:47.600]  Researchers with the University of Michigan Health System in Ann Arbor say that installing
[01:47.600 --> 01:53.580]  sobriety test devices in vehicles could prevent as much as 85% of alcohol-related deaths in
[01:53.580 --> 01:54.580]  the U.S.
[01:54.580 --> 01:59.360]  The team says that new vehicles could be outfitted with the driver alcohol detection system for
[01:59.360 --> 02:01.800]  safety or dads.
[02:01.800 --> 02:06.880]  Over a 15-year period, older cars could be phased out and new vehicles could be outfitted
[02:06.880 --> 02:11.080]  with the device which prevents the car from starting if the driver has a blood alcohol
[02:11.080 --> 02:14.640]  level of.08 or greater.
[02:14.640 --> 02:20.640]  Researchers say that over the 15-year implementation period, around $343 billion would be saved
[02:20.640 --> 02:24.720]  and more than 59,000 crash fatalities could be avoided.
[02:24.720 --> 02:29.160]  Civil Liberties advocates and Right to Travel supporters believe the measure is intrusive
[02:29.160 --> 02:31.960]  and unconstitutional.
[02:31.960 --> 02:35.000]  Support for the Liberty Beat comes from the Conscious Resistance Network.
[02:35.000 --> 02:39.840]  Videos, news reports, and articles from a spiritual anarchist perspective.
[02:39.840 --> 02:44.720]  Experience the Conscious Resistance at TheConsciousResistance.com.
[02:44.720 --> 02:49.320]  Support for the Liberty Beat also comes from Central Texas Gunworks, your online source
[02:49.320 --> 02:52.760]  for firearms, firearm accessories, and ammunition.
[02:52.760 --> 02:55.880]  They take major credit cards and now accept bitcoin.
[02:55.880 --> 02:59.680]  Visit them online at shop.centraltexasgunworks.com.
[02:59.680 --> 03:26.080]  Well I received my remedy today, it came in a box just like they say, I accepted it for
[03:26.080 --> 03:30.640]  free.
[03:30.640 --> 03:52.080]  Okay, we are back, Randy Kelton, Kim Magnuson, Wheelbarrow Radio, and we're going to go to
[03:52.080 --> 03:53.080]  Gary in Texas.
[03:53.080 --> 03:57.840]  He has a question or comment on legislation on point.
[03:57.840 --> 04:00.680]  Hello, Mr. Gary, where have you been?
[04:00.680 --> 04:03.680]  Hey, Randy, I'm still kicking, Bubba.
[04:03.680 --> 04:09.560]  Hey, you know, I was thinking, I really want to just give y'all a shout out, you and Debra
[04:09.560 --> 04:12.920]  and Eddie for making this platform available for us.
[04:12.920 --> 04:20.840]  It's just, it's the greatest show on radio, and I'm so appreciative of what you all do.
[04:20.840 --> 04:23.800]  I appreciate that.
[04:23.800 --> 04:24.800]  Yeah.
[04:24.800 --> 04:34.000]  Sometimes, you know, we sit here and talk to air, and we don't hear a whole lot of feedback.
[04:34.000 --> 04:41.880]  So it's nice on occasion to hear the feedback, and I'll send you a check in the morning.
[04:41.880 --> 04:52.080]  Hey, quick comment on the lawful carrying of guns and firearms in your automobile.
[04:52.080 --> 05:01.760]  Make sure and look at the, I believe it is the penal code 4517, and it specifically states
[05:01.760 --> 05:11.440]  that if you are traveling, you may not be harassed for having a handgun or firearm in
[05:11.440 --> 05:12.800]  your automobile.
[05:12.800 --> 05:19.800]  The big thing is to keep it like in a glove box or keep it in locked up in a satchel or
[05:19.800 --> 05:30.680]  a briefcase, but it specifically uses the word traveling in 4517, Texas penal code.
[05:30.680 --> 05:32.840]  Interesting that it uses that term.
[05:32.840 --> 05:40.040]  There's another, there's another, something else you said in the code, a handgun or firearm.
[05:40.040 --> 05:43.280]  Yes, there's a difference.
[05:43.280 --> 05:51.640]  Yes, there is, and firearms, a handgun is not a firearm.
[05:51.640 --> 05:52.640]  That's correct.
[05:52.640 --> 05:56.680]  So the laws regulating firearms don't apply to handguns.
[05:56.680 --> 05:57.680]  That's correct.
[05:57.680 --> 05:59.680]  We've had that issue before.
[05:59.680 --> 06:00.680]  Yeah.
[06:00.680 --> 06:05.680]  But I'm glad to see the legislation coming through.
[06:05.680 --> 06:13.160]  I personally don't own any weapons, don't want to own any weapons, don't want any weapons
[06:13.160 --> 06:18.200]  around me, but I do want other people to have them.
[06:18.200 --> 06:23.880]  I have a special reason for not liking those things, spent too much time on the sharp end
[06:23.880 --> 06:30.760]  of them, but I still understand their capacity for keeping the peace.
[06:30.760 --> 06:31.760]  Yes.
[06:31.760 --> 06:41.160]  An armed society is a polite society and when one of these mass murderers plots his shenanigan,
[06:41.160 --> 06:43.960]  he wants to go to a turkey shoot.
[06:43.960 --> 06:46.160]  He does not want to have a gunfight.
[06:46.160 --> 06:48.200]  That's right.
[06:48.200 --> 06:54.560]  With these laws in place, he's going to have to always consider that anytime he pulls a
[06:54.560 --> 07:00.600]  weapon, he's going to have himself a gunfight and he's going to be the one everybody else
[07:00.600 --> 07:02.560]  is shooting at.
[07:02.560 --> 07:11.040]  So I am pleased to see this and I'm also really pleased to see that so many other states have,
[07:11.040 --> 07:18.680]  I think the last figure I heard, there were only six states where people did not have
[07:18.680 --> 07:23.100]  the right to open carry.
[07:23.100 --> 07:25.760]  That was a very good sign.
[07:25.760 --> 07:32.920]  All this stuff about gun control, just not going to happen.
[07:32.920 --> 07:38.640]  They try it every once in a while and every time they do, gun sales go crazy.
[07:38.640 --> 07:50.040]  Well, I was in Arizona last year for a conference and Arizona is an open carry state and there
[07:50.040 --> 07:56.440]  were people all around me, even in casual settings, that were prominently displaying
[07:56.440 --> 08:01.960]  a handgun and I wasn't the least bit intimidated.
[08:01.960 --> 08:08.320]  I didn't feel the least bit uncomfortable at all being around those people.
[08:08.320 --> 08:14.080]  And I suspect that a policeman walking in there would not feel the least bit uncomfortable
[08:14.080 --> 08:15.080]  either.
[08:15.080 --> 08:16.080]  He shouldn't.
[08:16.080 --> 08:17.080]  Go ahead.
[08:17.080 --> 08:21.320]  I say he shouldn't feel uncomfortable.
[08:21.320 --> 08:23.840]  He should be glad for the camaraderie.
[08:23.840 --> 08:24.840]  Exactly.
[08:24.840 --> 08:32.000]  And I've had policemen tell me that they would like for the good guys to have guns because
[08:32.000 --> 08:36.720]  the police are terrified of getting in a situation where they're badly outgunned.
[08:36.720 --> 08:37.720]  Yes.
[08:37.720 --> 08:38.720]  Yeah.
[08:38.720 --> 08:46.360]  And if everybody in the neighborhood is carrying a gun, the one bad guy has a problem.
[08:46.360 --> 08:53.840]  I remember back years ago, there was a woman was killed at Valley View Mall.
[08:53.840 --> 08:57.160]  Her boyfriend chased her down the sidewalk, shot her in the back of the head and killed
[08:57.160 --> 08:58.160]  her.
[08:58.160 --> 09:05.640]  Jumped in his car, started to drive away and somebody blew out his femoral artery.
[09:05.640 --> 09:12.240]  And I took it, shot him through the door and blew out the artery in his leg.
[09:12.240 --> 09:20.600]  So the guy had to have a cannon and he had to have tried to kill the motor and misjudged
[09:20.600 --> 09:21.600]  acceleration.
[09:21.600 --> 09:26.360]  That's why it went through the door and the guy bled out a few blocks later.
[09:26.360 --> 09:30.880]  And for two weeks, the police were asking whoever did this to come in and bring in their
[09:30.880 --> 09:31.880]  weapon.
[09:31.880 --> 09:32.880]  Finally, the guy comes in.
[09:32.880 --> 09:34.360]  He was a Xerox salesman.
[09:34.360 --> 09:37.120]  They took the weapon, did ballistics on it.
[09:37.120 --> 09:41.520]  They come back and they said, that's the one that killed him all right, gave it back to
[09:41.520 --> 09:44.880]  the guy and sent him home.
[09:44.880 --> 09:52.040]  I tell people in other states about that, they can't hardly believe it.
[09:52.040 --> 09:54.320]  That's how it ought to be.
[09:54.320 --> 10:00.980]  He did the right thing and in Texas, we have those rights and Texas is a place I feel more
[10:00.980 --> 10:07.000]  comfortable and safe in Texas than any other state I've ever been in.
[10:07.000 --> 10:12.720]  And when everybody can open terror, I'll feel even more safe.
[10:12.720 --> 10:16.960]  Yes, I agree.
[10:16.960 --> 10:27.240]  Randy, what I specifically called about is I'm greatly, greatly concerned about the national
[10:27.240 --> 10:37.440]  trend of vaccination legislation in the states and particularly in Texas.
[10:37.440 --> 10:45.080]  There's nine bills in Texas right now that just, in my opinion, amount to nothing more
[10:45.080 --> 10:47.560]  than medical tyranny.
[10:47.560 --> 10:55.280]  And somebody's introduced legislation to eliminate conscientious exemptions to vaccines.
[10:55.280 --> 11:00.000]  That's House Bill 2006.
[11:00.000 --> 11:05.720]  Another one has been introduced to require physician counseling for conscientious and
[11:05.720 --> 11:08.040]  religious belief exemption.
[11:08.040 --> 11:12.000]  That's House Bill 1674.
[11:12.000 --> 11:17.800]  House Bill 1593 requires public schools to provide parents the number of students enrolled
[11:17.800 --> 11:23.800]  who are not fully vaccinated and whatever fully vaccinated is and who gets to determine
[11:23.800 --> 11:32.040]  that, I don't know, Senate Bill 547 requires posting of exemption numbers on the internet
[11:32.040 --> 11:35.460]  by schools and the Department of Health.
[11:35.460 --> 11:44.480]  House Bill 212 allows minors 14 and older in the Texas juvenile justice system to consent
[11:44.480 --> 11:45.480]  to vaccination.
[11:45.480 --> 11:46.480]  Senate Bill...
[11:46.480 --> 11:50.960]  Wait a minute, if it compels minors to consent?
[11:50.960 --> 11:51.960]  Allows.
[11:51.960 --> 11:52.960]  Oh, it allows.
[11:52.960 --> 11:53.960]  Okay.
[11:53.960 --> 11:54.960]  Yes.
[11:54.960 --> 12:04.840]  Senate Bill 29, House Bill 465 makes inclusion into the vaccine tracking system automatic
[12:04.840 --> 12:10.680]  and removes current opt-in consent requirement.
[12:10.680 --> 12:19.680]  Senate Bill 538 expands police powers to detain individuals suspected of exposure to communicable
[12:19.680 --> 12:28.080]  diseases and 298 adds new meningitis vaccine mandates for public school students.
[12:28.080 --> 12:37.080]  I understand in some of this legislation they even talk about public arrest of people who
[12:37.080 --> 12:45.840]  cannot prove that they've had the so-called recommended vaccinations and this is the most
[12:45.840 --> 12:50.040]  tyrannical legislation that I can imagine.
[12:50.040 --> 12:56.720]  That is against my opinion, but vaccinations is junk science.
[12:56.720 --> 13:03.800]  I haven't had a vaccination in over 30 years, I never get sick, I have no physical maladies
[13:03.800 --> 13:04.800]  whatsoever.
[13:04.800 --> 13:07.800]  And you're not autistic.
[13:07.800 --> 13:15.240]  Yeah, and I'm a good YoungJeopardy.com user of those products and I don't have any immune
[13:15.240 --> 13:24.600]  system deficiencies and I wish that people would start talking about re-mineralization
[13:24.600 --> 13:30.480]  of their bodies, proper food, eating good and healthy and organic and filtering water
[13:30.480 --> 13:36.120]  and forget this vaccination junk science.
[13:36.120 --> 13:39.600]  I am totally uncomfortable with all of this.
[13:39.600 --> 13:41.320]  I don't know where it's coming from.
[13:41.320 --> 13:48.280]  I want to see the bank accounts of these legislators that are issuing these bills for consideration.
[13:48.280 --> 13:51.080]  I want to know who's paying them off.
[13:51.080 --> 13:53.600]  Have you called into Sean Stegel's show?
[13:53.600 --> 13:56.840]  No sir, I don't even know who that is.
[13:56.840 --> 14:04.320]  Okay, Sean Stegel does a show on Sundays on vaccines and the effect of vaccines and there's
[14:04.320 --> 14:09.560]  some really uncomfortable information he has available.
[14:09.560 --> 14:19.560]  You might want to go to logosradionetwork.com and check on Sean Stegel.
[14:19.560 --> 14:27.000]  When he first started, I was talking to a client in a foreclosure issue in Houston and
[14:27.000 --> 14:35.360]  Sean was talking about the dramatic increase in autism that's directly correlated with
[14:35.360 --> 14:37.360]  vaccines.
[14:37.360 --> 14:44.320]  And this guy had taken his five-year-old daughter to the doctor and they gave her a vaccine
[14:44.320 --> 14:50.280]  and within 10 minutes she collapsed and never recovered.
[14:50.280 --> 14:58.440]  She's autistic and it triggered immediate autism and she has to have 24-hour care ever
[14:58.440 --> 14:59.440]  since.
[14:59.440 --> 15:01.640]  These are statistics they never talk about.
[15:01.640 --> 15:11.920]  I've never seen statistics that correlate the hazards of vaccine to the likelihood of
[15:11.920 --> 15:17.880]  these diseases occurring and I know Ken is not going to like this, but there's a lot
[15:17.880 --> 15:23.880]  of ugly information about the drug industries and vaccines.
[15:23.880 --> 15:31.600]  It sounds like patriot mythology, but when I first started hearing it, I kind of felt
[15:31.600 --> 15:33.480]  that way.
[15:33.480 --> 15:40.080]  But there's so much ugly information coming out that we never hear about on the news.
[15:40.080 --> 15:42.400]  I'm real uncomfortable with that.
[15:42.400 --> 15:50.000]  Is there a bill out there to require reporting of the instances of autism that can be related
[15:50.000 --> 15:53.000]  to vaccines?
[15:53.000 --> 15:54.560]  Somehow I bet there's not one of those.
[15:54.560 --> 16:02.520]  Is there any bill out there that requires doctors to give adequate warnings of the hazards
[16:02.520 --> 16:04.520]  of the vaccines?
[16:04.520 --> 16:05.520]  Yeah.
[16:05.520 --> 16:18.400]  Brandy, you're aware that now the public cannot sue drug companies for vaccine damage to themselves
[16:18.400 --> 16:19.720]  and their children.
[16:19.720 --> 16:21.200]  You can't even sue them.
[16:21.200 --> 16:24.520]  Yeah, I'm aware of that.
[16:24.520 --> 16:30.760]  That's thanks to the administration under George Bush.
[16:30.760 --> 16:36.960]  The medical market is really tyrannical and we need to individually, we need to stand
[16:36.960 --> 16:42.000]  up and just say, no, no, no, no, no.
[16:42.000 --> 16:43.000]  I agree.
[16:43.000 --> 16:44.000]  We're about to go to break.
[16:44.000 --> 16:46.000]  Do you have anything else for us, Gary?
[16:46.000 --> 16:50.920]  No, I just wanted to say my piece and I'll listen for the rest of the evening.
[16:50.920 --> 16:51.920]  Okay.
[16:51.920 --> 16:52.920]  Thank you, Gary.
[16:52.920 --> 16:53.920]  Randy Kelton.
[16:53.920 --> 17:00.720]  Ken Magnuson, Wheelbarrow Radio, a call in number 512-646-1984 would be right.
[17:00.720 --> 17:06.080]  Through advances in technology, our lives have greatly improved except in the area of
[17:06.080 --> 17:07.080]  nutrition.
[17:07.080 --> 17:11.480]  People feed their pets better than they feed themselves and it's time we changed all that.
[17:11.480 --> 17:17.240]  Our primary defense against aging and disease in this toxic environment is good nutrition.
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[17:31.640 --> 17:37.000]  We have come to trust longevity so much, we became a marketing distributor along with
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[18:59.920 --> 19:12.720]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:12.720 --> 19:40.880]  The Logos Radio Network is a production of Logos Radio, a production of Logos Radio.
[19:40.880 --> 20:10.240]  Okay, we are back.
[20:10.240 --> 20:17.400]  Randy Hilton, Ken Magnuson, Rule of Law Radio, we've got one more caller who is slightly
[20:17.400 --> 20:23.200]  off point, but we can't blame him, it's Rob from New Mexico, and he's a truck driver,
[20:23.200 --> 20:25.400]  and you know how those truck drivers are.
[20:25.400 --> 20:26.400]  Hello, Rob.
[20:26.400 --> 20:31.720]  Hey, Randy, how'd you get to me so fast?
[20:31.720 --> 20:37.400]  Oh, well, we had a lot of difficulty early in the show.
[20:37.400 --> 20:42.880]  We had to set up a lot of new equipment, and we had a couple of glitches, so the first
[20:42.880 --> 20:50.480]  two segments were kind of a disaster, so we probably lost a lot of our listeners on that.
[20:50.480 --> 20:53.920]  Never let an engineer play with the new equipment, right?
[20:53.920 --> 20:56.920]  You don't let me touch it.
[20:56.920 --> 21:07.440]  Okay, we're way off topic doing the breach of contract fraud and theft on the real estate
[21:07.440 --> 21:12.200]  contract with no insurance that the sellers agreed to provide, and I paid for, and they
[21:12.200 --> 21:13.200]  never provided.
[21:13.200 --> 21:17.800]  Okay, where were you at on that?
[21:17.800 --> 21:25.760]  Well, I sent the rescission notice on February 18th, stopped making payments February 20th,
[21:25.760 --> 21:32.240]  putting the payments into a separate account, have not heard anything from the seller.
[21:32.240 --> 21:39.360]  The escrow company sent me a letter from the owner of the escrow company saying they're
[21:39.360 --> 21:42.360]  resigning as the escrow agent.
[21:42.360 --> 21:50.360]  However, in the rescission notice, I again asked to inspect the original instrument.
[21:50.360 --> 21:55.960]  I asked for a full accounting specifically as it relates to the insurance, and they didn't
[21:55.960 --> 22:00.760]  provide me with any of that, and the Escrow Company Act requires them to provide me with
[22:00.760 --> 22:01.760]  that.
[22:01.760 --> 22:02.760]  Good.
[22:02.760 --> 22:10.680]  So it won't help the escrow company account, escrow company to help, it won't help them
[22:10.680 --> 22:11.680]  resigning.
[22:11.680 --> 22:17.360]  I guess they just don't want any more problem from you than they've already got.
[22:17.360 --> 22:19.160]  Yeah.
[22:19.160 --> 22:26.160]  So how long has it been since you sent in the notice of rescission?
[22:26.160 --> 22:33.080]  They received it on February 24th, so it's been almost a month.
[22:33.080 --> 22:41.400]  They've got 20 days to object to it, or provide, they've got 20 days to give you back everything
[22:41.400 --> 22:42.880]  you paid them.
[22:42.880 --> 22:49.560]  Well, what the escrow company is saying is that there is no rescission provision in my
[22:49.560 --> 22:53.200]  real estate contract, which is true.
[22:53.200 --> 22:56.000]  There is no specific rescission provision.
[22:56.000 --> 23:04.560]  However, if they do not escrow the contract and the warranty deed and special warranty
[23:04.560 --> 23:10.880]  deed, I'm entitled to rescission, and I'm making the claim.
[23:10.880 --> 23:11.880]  Hold on, hold on.
[23:11.880 --> 23:15.080]  How do you get that right?
[23:15.080 --> 23:17.080]  It's New Mexico law.
[23:17.080 --> 23:19.880]  Oh, okay.
[23:19.880 --> 23:31.640]  As I understand, this is not a covered consumer transaction, it's a private, this was a private
[23:31.640 --> 23:33.640]  contract with an individual.
[23:33.640 --> 23:34.640]  Right.
[23:34.640 --> 23:42.240]  However, there are pretty strict rules governing escrow company operation and brokers under
[23:42.240 --> 23:44.720]  the New Mexico administrative code.
[23:44.720 --> 23:50.840]  And you're saying that the escrow company told you that you didn't have a right to
[23:50.840 --> 23:55.120]  rescind?
[23:55.120 --> 23:59.080]  That sounds like overshadowing.
[23:59.080 --> 24:04.760]  You might look up overshadowing in New Mexico law.
[24:04.760 --> 24:09.200]  Since this is a private contract, it doesn't go to any of the federal protections.
[24:09.200 --> 24:15.160]  But New Mexico law is likely to have something on overshadowing.
[24:15.160 --> 24:22.120]  The escrow company is a licensed profession.
[24:22.120 --> 24:27.360]  And as licensed professions, they have special responsibilities.
[24:27.360 --> 24:33.760]  You're just an old, lunkhead truck driver, and you can't be expected to know all of these
[24:33.760 --> 24:37.080]  intricate details of law.
[24:37.080 --> 24:43.760]  So when this licensed entity comes to you and makes a proactive statement of law, better
[24:43.760 --> 24:46.760]  be white, or that goes to overshadowing.
[24:46.760 --> 24:50.560]  You might want to look that up.
[24:50.560 --> 24:55.720]  Ken, do you have any familiarity with overshadowing?
[24:55.720 --> 25:01.960]  No, first time I've heard the term.
[25:01.960 --> 25:09.480]  It's used a lot in the River State Settlement Procedures Act and Truth in Lending Act.
[25:09.480 --> 25:10.480]  And it's rational.
[25:10.480 --> 25:17.160]  It's a reasonable thing if you're talking to, if you're pro se, and you're talking
[25:17.160 --> 25:23.160]  to an attorney on the other side, and he tells you things about the state of law that are
[25:23.160 --> 25:32.960]  not true, then that influences you and essentially prevents you from determining your rights
[25:32.960 --> 25:36.840]  because you're not a learning professional.
[25:36.840 --> 25:42.560]  And he is an officer of the court, and you have a right to a reasonable expectation of
[25:42.560 --> 25:44.720]  good faith and fair dealing.
[25:44.720 --> 25:51.720]  So if he lies to you, if the guy across the street lied to me, it would be different because
[25:51.720 --> 25:56.360]  he doesn't have special knowledge and he's not under a special requirement.
[25:56.360 --> 26:04.040]  Since the licensed individual is, that can be, that overshadowing goes to a tort.
[26:04.040 --> 26:08.960]  So you definitely want to look for overshadowing in Mexico, in the Mexico law.
[26:08.960 --> 26:09.960]  Okay.
[26:09.960 --> 26:21.640]  Now my other question is, we talked before about fraud by non-disclosure based on defects
[26:21.640 --> 26:26.680]  inside the house that they would have been aware of, that I wasn't aware of, they didn't
[26:26.680 --> 26:30.240]  tell me about, and you said that it wouldn't go to that.
[26:30.240 --> 26:35.480]  Have you looked at the real estate requirements?
[26:35.480 --> 26:40.960]  No, and that's where I was going under the New Mexico administrative code for brokers.
[26:40.960 --> 26:49.680]  They are required to provide in writing anything that they're aware of that's wrong with property.
[26:49.680 --> 26:51.800]  Okay.
[26:51.800 --> 26:58.000]  Did you purchase the property from someone who was licensed as a broker?
[26:58.000 --> 27:06.360]  What we did, it's seller finance, but we had gone to a real estate company and the broker
[27:06.360 --> 27:15.480]  showed us, I don't know, three houses and then he showed us his mom's house and we tried
[27:15.480 --> 27:21.840]  to purchase that through financing and because I have a foreclosure from 2010, I didn't qualify
[27:21.840 --> 27:23.520]  for financing.
[27:23.520 --> 27:28.480]  So then they came back and offered us the seller financing.
[27:28.480 --> 27:29.480]  Okay.
[27:29.480 --> 27:36.280]  So you did buy it through a broker, you got himself a problem, good, then you have a good
[27:36.280 --> 27:38.480]  claim against him.
[27:38.480 --> 27:45.600]  And the seller who is the mother of the broker is also co-owner of the real estate company
[27:45.600 --> 27:49.960]  and she is the qualifying broker for the real estate company.
[27:49.960 --> 27:56.640]  So she is statutorily responsible for everything that her son does.
[27:56.640 --> 28:02.840]  So are you, you're still preparing to sue, you haven't sued yet?
[28:02.840 --> 28:05.720]  Yeah, I was, it's almost done.
[28:05.720 --> 28:09.600]  I was hoping to get it done this morning and send it to you so that you could look it over
[28:09.600 --> 28:14.520]  before I called in, but I didn't have a chance to finish it and send it out.
[28:14.520 --> 28:20.320]  I just, I've got, it's done, I've just got a little bit of editing to do on it.
[28:20.320 --> 28:26.120]  I intend to send it off to the next week, but I was hoping you could look at it first.
[28:26.120 --> 28:29.800]  Okay, yeah, send it to me, I'll have a look at it.
[28:29.800 --> 28:36.680]  This, yeah, one idea that you might consider is since they have to be licensed in the state
[28:36.680 --> 28:41.880]  of New Mexico, there's probably a complaint procedure available for challenging their
[28:41.880 --> 28:47.720]  license and whatever they have abused here, and you might try that method, going after
[28:47.720 --> 28:52.000]  their license first, because the only way you'll retract your complaint against their
[28:52.000 --> 28:56.960]  license is if they make a full settlement without you going to court.
[28:56.960 --> 28:57.960]  Okay.
[28:57.960 --> 29:10.600]  So that when they get the tort letter, it just keeps ratcheting the heat up on them.
[29:10.600 --> 29:16.320]  I just sent out a tort letter today, so I'm having fun with it.
[29:16.320 --> 29:22.560]  Okay, do you have anything else for us?
[29:22.560 --> 29:27.520]  No, I think that's about it.
[29:27.520 --> 29:37.240]  So as far as the requirements for disclosure, would that go to fraud by nondisclosure?
[29:37.240 --> 29:43.160]  Certainly, but fraud is a little difficult to prove, but since they have a statutory
[29:43.160 --> 29:49.000]  requirement to disclose, you should be able to claim fraud by nondisclosure.
[29:49.000 --> 29:56.440]  Okay, we got to go, about to go to break, Randy Kelton, Ken Mangerson, Rue of La Radio,
[29:56.440 --> 30:01.280]  I'll call it number 512-646-1984.
[30:01.280 --> 30:05.680]  Chair leading can exploit young girls, especially when their uniforms are more suitable for
[30:05.680 --> 30:07.440]  a brothel than a ball field.
[30:07.440 --> 30:11.080]  I'm Dr. Catherine Albrecht, and I'll be back in a moment to tell you about one high
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[30:45.360 --> 30:47.240]  Chair leading has always been sexist.
[30:47.240 --> 30:52.160]  Cue girls turning cartwheels in support of buff male athletes is a time-worn tradition.
[30:52.160 --> 30:56.880]  But many uniforms put the emphasis more on titillation than teamwork, and some cheerleaders
[30:56.880 --> 30:58.320]  are demanding more respect.
[30:58.320 --> 31:02.280]  A Connecticut high school squad recently got up the nerve to ask for more coverage.
[31:02.280 --> 31:07.120]  They said their tight short shorts and crop tops were embarrassing and inappropriate,
[31:07.120 --> 31:10.040]  and now their school board is scrambling for a fix.
[31:10.040 --> 31:14.280]  Experts say girls required to wear skimpy midriff-bearing cheerleading outfits are at
[31:14.280 --> 31:19.240]  risk for poor body image and eating disorders, which affect thousands of cheerleaders nationwide.
[31:19.240 --> 31:23.800]  So here's three cheers for the Connecticut girls who said enough is enough.
[31:23.800 --> 31:25.680]  I'm Dr. Catherine Albrecht.
[31:25.680 --> 31:28.400]  More news and information at CatherineAlbrecht.com.
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[31:59.120 --> 32:05.360]  Rule of Law Radio is proud to offer the rule of law traffic center.
[32:05.360 --> 32:09.160]  In today's America, we live in an us-against-them society, and if we, the people, are ever going
[32:09.160 --> 32:13.280]  to have a free society, then we're going to have to stand and defend our own rights.
[32:13.280 --> 32:16.320]  Among those rights are the right to travel freely from place to place, the right to act
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[33:25.080 --> 33:32.080]  I won't let you pull the wool over my eyes We must refuse your nose, also dive in my
[33:55.080 --> 34:05.080]  It seems you're like a fish, but please take some words to the wise
[34:05.080 --> 34:10.080]  Please stop trying to pull the wool over my eyes
[34:10.080 --> 34:12.080]  Okay, we are back.
[34:12.080 --> 34:17.080]  Randy Kelton, Ken Magnuson, Rule of Law Radio.
[34:17.080 --> 34:22.080]  And Ken, do you have some more legislation that you wanted to address?
[34:22.080 --> 34:25.080]  Well, there were a couple pieces of legislation out there.
[34:25.080 --> 34:32.080]  There was one to abolish the Court of Criminal Appeals in Texas.
[34:32.080 --> 34:38.080]  Many people out there that aren't familiar with other states won't recognize the different
[34:38.080 --> 34:39.080]  systems.
[34:39.080 --> 34:45.080]  But in Texas, we bifurcated criminal and civil at the level of the highest court.
[34:45.080 --> 34:49.080]  The criminal cases all go to the Court of Criminal Appeals, where all the civil cases
[34:49.080 --> 34:52.080]  go to the state Supreme Court.
[34:52.080 --> 34:56.080]  And there's a constitutional amendment that's been proposed to abolish the Court of Criminal
[34:56.080 --> 34:59.080]  Appeals and just have one Supreme Court.
[34:59.080 --> 35:06.080]  So it would be under one roof with one uniform perspective so that the two courts wouldn't
[35:06.080 --> 35:07.080]  fight over issues.
[35:07.080 --> 35:15.080]  Now, for clarification, my understanding is that if it comes to an issue of constitutionality,
[35:15.080 --> 35:20.080]  the state Supreme Court rules above the Court of Criminal Appeals.
[35:20.080 --> 35:25.080]  So the Court of Criminal Appeals, if they violate some sort of constitutional provision
[35:25.080 --> 35:32.080]  or whatever, or there's an argument there, the Supreme Court could hear it.
[35:32.080 --> 35:36.080]  But that usually doesn't happen because the Court of Criminal Appeals is basically looking
[35:36.080 --> 35:43.080]  over whether or not a criminal got a trial, proper trial, and due process at the trial
[35:43.080 --> 35:49.080]  court level, which for the most part, Texas has been a rubber stamp that, you know, we
[35:49.080 --> 35:52.080]  don't care if you're in it as long as you got a fair trial.
[35:52.080 --> 35:56.080]  So that may be one of the motivations for this.
[35:56.080 --> 36:01.080]  Well, I haven't found that they care about a fair trial.
[36:01.080 --> 36:02.080]  Right, right.
[36:02.080 --> 36:04.080]  Well, yeah, fair trial.
[36:04.080 --> 36:06.080]  They don't even care about the fair trial.
[36:06.080 --> 36:09.080]  Well, as long as it had the appearance of a fair trial.
[36:09.080 --> 36:11.080]  Let me rephrase that, right?
[36:11.080 --> 36:17.080]  If it at least had the appearance of a fair trial, we don't really care whether or not
[36:17.080 --> 36:21.080]  the person is not guilty and there's evidence to show that they're not guilty.
[36:21.080 --> 36:26.080]  We only do one trial, and if you're found guilty, that's just too bad, you know?
[36:26.080 --> 36:34.080]  So this state has been particularly obtuse about due process and civil rights, and this
[36:34.080 --> 36:40.080]  goes all the way back to issues involving the United States Supreme Court and slavery
[36:40.080 --> 36:46.080]  and the Ku Klux Klan, and it goes on and on and on from there.
[36:46.080 --> 36:53.080]  So, you know, the issue here is that this state has always kind of come to know that
[36:53.080 --> 36:58.080]  the idea that we, they have to follow, the courts have to follow anything issued from
[36:58.080 --> 37:01.080]  Washington, so.
[37:01.080 --> 37:05.080]  What is your, I haven't really thought about, you know, since I hadn't heard about it,
[37:05.080 --> 37:11.080]  I hadn't considered how it would affect the state if we eliminated the Court of Criminal
[37:11.080 --> 37:14.080]  Appeals.
[37:14.080 --> 37:17.080]  Do you have an opinion on that?
[37:17.080 --> 37:20.080]  Well, it would be under one roof.
[37:20.080 --> 37:27.080]  At this point in time, I think that if, you see, the problem is that the bifurcation has
[37:27.080 --> 37:34.080]  left the Court of Criminal Appeals, judges looking at elections as I'm tough on crime,
[37:34.080 --> 37:37.080]  everybody gets the needle.
[37:37.080 --> 37:41.080]  And that's basically what the public in Texas wants to vote for.
[37:41.080 --> 37:44.080]  You know, if they convict criminals, we want to put them in jail.
[37:44.080 --> 37:46.080]  We want retribution.
[37:46.080 --> 37:48.080]  It's not about the appropriate punishment.
[37:48.080 --> 37:51.080]  It's not about mercy.
[37:51.080 --> 37:53.080]  It's about retribution.
[37:53.080 --> 37:59.080]  And the Court of Criminal Appeals runs almost strictly on the idea that, you know, if you
[37:59.080 --> 38:05.080]  commit murder, you will die by lethal ejection as long as you've had a trial.
[38:05.080 --> 38:10.080]  And if you eliminate the Court of Criminal Appeals and put it under one, you know, Supreme
[38:10.080 --> 38:15.080]  Court, then you're electing them based on their full knowledge of the law across the
[38:15.080 --> 38:16.080]  board.
[38:16.080 --> 38:21.080]  So there may be an improvement in the idea of appeals going to a Supreme Court that looks
[38:21.080 --> 38:26.080]  at the bigger picture as opposed to only crimes.
[38:26.080 --> 38:33.080]  And I've definitely had some issues with the Court of Criminal Appeals because they tended
[38:33.080 --> 38:37.080]  to act just without regard to law.
[38:37.080 --> 38:43.080]  I know when I had that issue with them over this kid in Conroe where I filed their habeas
[38:43.080 --> 38:50.080]  corpus, they required a motion for leave to file on a habeas corpus.
[38:50.080 --> 38:54.080]  And there was no such provision under law.
[38:54.080 --> 38:57.080]  Yeah. And I thought that was absolutely ludicrous.
[38:57.080 --> 39:05.080]  And how on earth could they get away with something that outrageous?
[39:05.080 --> 39:09.080]  Well, I've got a problem with the idea that you can go out to the Court of Criminal Appeals
[39:09.080 --> 39:14.080]  page right now and see all these rates of habeas corpus that are globally dismissed
[39:14.080 --> 39:17.080]  without a written order.
[39:17.080 --> 39:18.080]  Yes.
[39:18.080 --> 39:20.080]  That part they're still doing.
[39:20.080 --> 39:26.080]  They're not asking for a motion for leave to file anymore since they got put in front
[39:26.080 --> 39:27.080]  of a grand jury.
[39:27.080 --> 39:30.080]  Now they just dismiss the habeas out of hand.
[39:30.080 --> 39:31.080]  Yeah.
[39:31.080 --> 39:34.080]  I have a problem when it's being rubber stamped.
[39:34.080 --> 39:38.080]  And there were stories that came out of the Fifth Circuit Court of Appeals, the federal
[39:38.080 --> 39:43.080]  court out of New Orleans, where they were dismissing complaints and written habeas corpus
[39:43.080 --> 39:46.080]  where a three-judge panel was supposed to rule.
[39:46.080 --> 39:52.080]  And essentially the courts were ordered by the judges to deny them with a rubber stamp.
[39:52.080 --> 39:54.080]  So there wasn't any hearings happening.
[39:54.080 --> 39:59.080]  But this goes to the exact reason that we're having this radio show and you and I have
[39:59.080 --> 40:04.080]  been chasing this corruption across Texas for 20 years.
[40:04.080 --> 40:10.080]  It's because we have judges in this state who think they're God and they need to go
[40:10.080 --> 40:14.080]  to jail for the crimes that they've committed while sitting on the bench.
[40:14.080 --> 40:17.080]  And there's no excuse for what they've been doing.
[40:17.080 --> 40:25.080]  This speaks to H.G. Wells on speaking to the corruption of the popes during the dark ages
[40:25.080 --> 40:29.080]  in H.G. Wells and his outline of history.
[40:29.080 --> 40:33.080]  On speaking to the popes, the corruption of the popes during the dark ages, very aptly
[40:33.080 --> 40:42.080]  observed the, I lost a quote, I quoted it earlier.
[40:42.080 --> 40:46.080]  The giver of the law most owes the law allegiance.
[40:46.080 --> 40:51.080]  He of all beings should behave as though the law compels him.
[40:51.080 --> 40:57.080]  But it is the universal failing of mankind that what we are given to administer, we promptly
[40:57.080 --> 41:00.080]  presume we own.
[41:00.080 --> 41:10.080]  And it is our place, yours and mine, to ensure that our public officials in whom we give
[41:10.080 --> 41:21.080]  authority to administer our law, that we ensure they do it according to our law.
[41:21.080 --> 41:24.080]  And fortunately, it doesn't take all of us.
[41:24.080 --> 41:32.080]  If we can get two or three people in every county stinging them good and holding them
[41:32.080 --> 41:37.080]  to law, then we can change everything.
[41:37.080 --> 41:46.080]  And it's my opinion and position that it is best to take them on on the most minor and
[41:46.080 --> 41:50.080]  nitpicking things we can find.
[41:50.080 --> 41:57.080]  Let's not wait till someone does something incredibly horrible to stand up and rail in
[41:57.080 --> 42:01.080]  righteous indignation.
[42:01.080 --> 42:07.080]  When we do go after them, we're not going after them to harm them.
[42:07.080 --> 42:10.080]  That's why we want to go after them over the little things.
[42:10.080 --> 42:15.080]  We don't want to wait until they do something that will get them put in prison.
[42:15.080 --> 42:18.080]  It's like our grandkids.
[42:18.080 --> 42:25.080]  I love them dearly, but if one of them runs out in the road, I'm going to tan his hide
[42:25.080 --> 42:27.080]  because I don't want him to get run over.
[42:27.080 --> 42:32.080]  I'm not going to wait until he gets run over to tell him what he shouldn't be doing.
[42:32.080 --> 42:38.080]  We do the little things.
[42:38.080 --> 42:42.080]  There are a couple other constitutional amendments I just wanted to raise.
[42:42.080 --> 42:50.080]  There's a House Joint Resolution 44 that talks about changing the issue of constitutional
[42:50.080 --> 42:57.080]  referendum elections indicating that you have to have at least half the votes from at least
[42:57.080 --> 43:00.080]  half the majority in half the counties.
[43:00.080 --> 43:06.080]  The idea is that it's not just by the plurality in the state that half the voters that vote
[43:06.080 --> 43:11.080]  during the election vote for it, which would mean that the only counties that count are
[43:11.080 --> 43:20.080]  Harris, Fair, Dallas, Tarrant, and now you have to have a majority of counties, which
[43:20.080 --> 43:25.080]  gives all the counties a place in it.
[43:25.080 --> 43:30.080]  My actual thinking about that, that's one that's considered.
[43:30.080 --> 43:34.080]  The Court of Criminal Appeals, just to give you the final issue, is I think the Court
[43:34.080 --> 43:40.080]  of Criminal Appeals has been absolutely recalcitrant to follow the law, and it needs to go.
[43:40.080 --> 43:43.080]  That would work for me.
[43:43.080 --> 43:45.080]  Hang on, we're about to go to break.
[43:45.080 --> 43:48.080]  Randy Kelton, Ken Magnuson, The Wheel of Law Radio.
[43:48.080 --> 43:52.080]  Our call-in number, 512-646-1984.
[43:52.080 --> 43:54.080]  We're getting down toward the end, so give us a call.
[43:54.080 --> 44:02.080]  We'll be right back.
[44:02.080 --> 44:03.080]  Hello.
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[44:47.080 --> 45:01.080]  Naturespureorganics.com.
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[45:39.080 --> 45:43.080]  about the principles and practices that control our American courts.
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[45:52.080 --> 46:02.080]  Please visit ruleoflawradio.com and click on the banner or call toll-free, 866-LAW-EZ.
[46:02.080 --> 46:16.080]  MUSIC
[46:16.080 --> 46:24.080]  Whoa, whoa yeah
[46:24.080 --> 46:30.080]  Always I must be careful what I'm wishing for
[46:30.080 --> 46:35.080]  When I'm hungry, I like to know just what I'm fishing for.
[46:35.080 --> 46:37.080]  I ain't asking for much.
[46:37.080 --> 46:41.080]  I ain't trying to be no glutton.
[46:41.080 --> 46:42.080]  Okay, we are back.
[46:42.080 --> 46:43.080]  We're ready to come.
[46:43.080 --> 46:45.080]  Kitten Maxuson, the root of our radio.
[46:45.080 --> 46:50.080]  And we're having way too much fun on the break with Daylight Savings.
[46:50.080 --> 46:53.080]  You want to address that one, Ken?
[46:53.080 --> 46:59.080]  Yeah, there's a bill introduced that says let's give her the Daylight Savings time in the state.
[46:59.080 --> 47:06.080]  Of course, you know, there's good arguments for it, bad arguments for it.
[47:06.080 --> 47:11.080]  And it's just, you know, somebody's got to decide how we're going to watch time.
[47:11.080 --> 47:18.080]  Of course, I watched the special on, I believe it was one of the American Experiences where they talked about
[47:18.080 --> 47:24.080]  the only reason we have all of these time zones anyway was the introduction of train schedules
[47:24.080 --> 47:30.080]  because they had to adopt train schedules where everybody got on the train at the right time
[47:30.080 --> 47:34.080]  in order for the train to get from point A to point B across the country.
[47:34.080 --> 47:39.080]  And we couldn't have trains running on tracks on different time schedules
[47:39.080 --> 47:44.080]  based on whatever the community wanted to run because you would have trains running into each other.
[47:44.080 --> 47:51.080]  And that was one of the issues of why time got, we got into that whole time zone issue.
[47:51.080 --> 47:54.080]  That happened in the early 1900s.
[47:54.080 --> 48:00.080]  So, but that was one of the bills that came up.
[48:00.080 --> 48:06.080]  There's, I mean, there's literally, we're up to, we're over 3,300 bills that have been introduced.
[48:06.080 --> 48:11.080]  And the great majority of these will never pass, they'll never get heard.
[48:11.080 --> 48:17.080]  The problem is that if nobody is, if anybody's listening that's never seen a legislative session
[48:17.080 --> 48:21.080]  and you live near Austin, the time to go is the last week of May.
[48:21.080 --> 48:24.080]  Excuse me, the last week of May.
[48:24.080 --> 48:27.080]  The last week of May, I mean, the last month of the legislative session,
[48:27.080 --> 48:33.080]  I refer to it as the circus coming to town because it is absolutely a circus of what goes on
[48:33.080 --> 48:36.080]  on the floor of the House and the Senate.
[48:36.080 --> 48:39.080]  And that's when all of the shady deals are done.
[48:39.080 --> 48:44.080]  Amendments are added without the public ever even knowing that they happened.
[48:44.080 --> 48:50.080]  The bills that were defeated by careful consideration in committee meetings back in March
[48:50.080 --> 48:57.080]  and April are now thrown to the walls and essentially things pass that would never have passed
[48:57.080 --> 49:04.080]  in a full sober consideration.
[49:04.080 --> 49:09.080]  So, if you haven't seen it, go watch, it's worth watching.
[49:09.080 --> 49:15.080]  I've actually been down there back in 1989, I was participating with a state senator
[49:15.080 --> 49:21.080]  and a state representative with regards to the reform of the Texas Workforce Commission,
[49:21.080 --> 49:30.080]  which was essentially the Texas, the workers' compensation system,
[49:30.080 --> 49:35.080]  which they conglomerated then with the Texas Unemployment Commission.
[49:35.080 --> 49:40.080]  And there was a lot of language problems in that bill and they never got filled out,
[49:40.080 --> 49:45.080]  but one of the legislators actually had me down there on the floor helping rewrite language
[49:45.080 --> 49:48.080]  at the last minute to get into the bill as an amendment.
[49:48.080 --> 49:53.080]  So, there's all sorts of weird stuff that happens in legislature that's not supposed to happen.
[49:53.080 --> 50:00.080]  I wasn't supposed to be there, but I was.
[50:00.080 --> 50:04.080]  So, we should all go down and watch the circus.
[50:04.080 --> 50:08.080]  Once that's occurring, is there anything we can do to mediate,
[50:08.080 --> 50:13.080]  anything the public can do to mediate what goes on down there on the floor?
[50:13.080 --> 50:14.080]  Absolutely.
[50:14.080 --> 50:19.080]  Well, I actually observed one session when they first put in the electronic voting
[50:19.080 --> 50:24.080]  where there was one of the legislators had died and one of his,
[50:24.080 --> 50:30.080]  the guy that was nearest to his voting station when they had electronic votes
[50:30.080 --> 50:36.080]  would cast his ballot for him even though he was no longer in the chamber.
[50:36.080 --> 50:39.080]  So, I mean, I actually saw that going on.
[50:39.080 --> 50:43.080]  So, this isn't anecdotes that you hear about people saying it.
[50:43.080 --> 50:45.080]  I actually observed it.
[50:45.080 --> 50:52.080]  If people want to get involved, what they've got to do is look at things that they know about
[50:52.080 --> 50:56.080]  and understand and have empirical information, okay?
[50:56.080 --> 51:01.080]  And we had a caller in here earlier that was complaining about vaccinations,
[51:01.080 --> 51:03.080]  and I'm not going to get into the pros and cons of that,
[51:03.080 --> 51:11.080]  but just the aspect of saying something is evil or totalitarian or whatever.
[51:11.080 --> 51:15.080]  What was his term that he used, Randy?
[51:15.080 --> 51:17.080]  I don't remember.
[51:17.080 --> 51:21.080]  So, but anyway, you can't use that.
[51:21.080 --> 51:24.080]  You have to use, if you're going to go after a piece of legislation,
[51:24.080 --> 51:30.080]  you have to bring reason, rationale, and empirical evidence.
[51:30.080 --> 51:33.080]  So, if you have empirical evidence of why something is bad,
[51:33.080 --> 51:38.080]  that's what you have to produce as the best argument against it.
[51:38.080 --> 51:42.080]  So, I suggest that if people want to get involved in this process,
[51:42.080 --> 51:47.080]  number one is the first issue that's ever before the legislative session
[51:47.080 --> 51:50.080]  is you have to have a voter's registration card.
[51:50.080 --> 51:53.080]  You should know who your state legislators are.
[51:53.080 --> 51:56.080]  You should know who's being elected or reelected.
[51:56.080 --> 51:59.080]  You should participate in party politics, whichever party.
[51:59.080 --> 52:03.080]  The idea is participation is the important process.
[52:03.080 --> 52:06.080]  Don't try to get involved in too many issues,
[52:06.080 --> 52:08.080]  but pick the issues that are important to you.
[52:08.080 --> 52:12.080]  If you care about animals and animal rights, care about that.
[52:12.080 --> 52:17.080]  If you care about courts and families and family law issues, focus on that.
[52:17.080 --> 52:21.080]  Then when you find bills and legislation down there or laws that you don't like
[52:21.080 --> 52:23.080]  or you don't think are fair and equitable,
[52:23.080 --> 52:29.080]  go meet with your local legislator before the session ever starts.
[52:29.080 --> 52:33.080]  Meet with them and then follow it up with some sort of written report.
[52:33.080 --> 52:37.080]  And then you can go down there and actually testify before the committees
[52:37.080 --> 52:43.080]  as to why you don't want a piece of legislation to go through.
[52:43.080 --> 52:47.080]  There was a question I had and you kind of answered it.
[52:47.080 --> 52:56.080]  But once the circus begins, in order to have your issues survive the circus,
[52:56.080 --> 53:02.080]  if you haven't done your homework before, then I take it it's too late at that time,
[53:02.080 --> 53:08.080]  that if you want to influence a bill, you need to do that way ahead of time.
[53:08.080 --> 53:10.080]  Well, there's two perspectives.
[53:10.080 --> 53:11.080]  Well, there's two perspectives.
[53:11.080 --> 53:18.080]  Number one, just trying to get a bill through is like passing a camel through the eye of a needle.
[53:18.080 --> 53:24.080]  It's really tough, especially if it's one about judges and corruption and law
[53:24.080 --> 53:27.080]  where there's a lot of backroom discussions going on.
[53:27.080 --> 53:31.080]  And I'm convinced there's a lot of things happening that shouldn't be happening in the background
[53:31.080 --> 53:35.080]  with regards to agencies that aren't supposed to lobby.
[53:35.080 --> 53:37.080]  And they do anyway.
[53:37.080 --> 53:41.080]  And so your bill can die that you want to get through very easily.
[53:41.080 --> 53:43.080]  It can be killed very, very, very easily.
[53:43.080 --> 53:48.080]  And that means that you have the same ability to kill somebody else's bill
[53:48.080 --> 53:53.080]  with logic and empirical evidence as well as calls and complaints.
[53:53.080 --> 53:56.080]  If you find a bill that's particularly – as a matter of fact,
[53:56.080 --> 54:01.080]  that bill we were talking about about the bailiffs has been particularly unpopular.
[54:01.080 --> 54:08.080]  And the sponsor of that bill has received many, many calls about it complaining about the issue.
[54:08.080 --> 54:13.080]  So there's a chance this bill may not ever get heard in the committee hearing.
[54:13.080 --> 54:19.080]  The worry that we have is, despite the fact that maybe it won't get heard in the committee hearing,
[54:19.080 --> 54:24.080]  we don't want the bill to get shoved on the end of another bill, amended to another bill,
[54:24.080 --> 54:32.080]  wrapped it on during the circus in May and get passed without anybody getting to be able to say pro or con
[54:32.080 --> 54:34.080]  for why this bill is so bad.
[54:34.080 --> 54:40.080]  But we have to watch out for those people who are in the legislature that are manipulative
[54:40.080 --> 54:43.080]  and are power brokers.
[54:43.080 --> 54:51.080]  And right now the current Speaker of the House is playing the politics at a high level.
[54:51.080 --> 54:55.080]  He's essentially auspicized a number of his own – members of his own party
[54:55.080 --> 54:59.080]  because they didn't want to vote for him for Speaker of the House.
[54:59.080 --> 55:05.080]  So they're in the doghouse, and it's likely that they won't get any bills through this section
[55:05.080 --> 55:08.080]  only because they didn't want him as Speaker.
[55:08.080 --> 55:16.080]  So apparently the Speaker has an omnipotent streak and retaliatory nature, and that causes problems.
[55:16.080 --> 55:21.080]  But what you worry about is the ones that are close to the Speaker, that are sycophants,
[55:21.080 --> 55:27.080]  that will do his bidding for any reason and will essentially sneak in bills at the last minute.
[55:27.080 --> 55:31.080]  So those are some of the dirty rotten scoundrels.
[55:31.080 --> 55:33.080]  We're bringing up a bigger issue.
[55:33.080 --> 55:37.080]  The bigger issue is this state is so big, has so many people in it,
[55:37.080 --> 55:44.080]  and has so much money involved in its budget that we should never have a legislative section
[55:44.080 --> 55:46.080]  that's only once every other year.
[55:46.080 --> 55:54.080]  We need to have a full-time, fully-paid legislature that operates just like any other big state,
[55:54.080 --> 56:00.080]  you know, like a real state, you know, like California or New York or Illinois or Florida.
[56:00.080 --> 56:02.080]  They have full-time legislators.
[56:02.080 --> 56:05.080]  That means anybody listening to my voice could run and be elected,
[56:05.080 --> 56:08.080]  and the salary you would get would actually pay your bills.
[56:08.080 --> 56:13.080]  The salary they pay state legislators in Texas is absolutely abysmal.
[56:13.080 --> 56:16.080]  So that means the only people that are down there, for the most part,
[56:16.080 --> 56:23.080]  are people that are self-made millionaires, oilmen, cattlemen, lawyers.
[56:23.080 --> 56:25.080]  And all with vested interests.
[56:25.080 --> 56:28.080]  They all have a vested interest.
[56:28.080 --> 56:35.080]  And so the issue is that the rights of the public and the little guy is frequently just disregarded
[56:35.080 --> 56:44.080]  for quick profits and motivations for, you know, bigger pipelines, you know, lower taxes on businesses,
[56:44.080 --> 56:49.080]  and less responsibility, such as if they do anything bad
[56:49.080 --> 56:52.080]  or limiting liability to doctors or anything like that.
[56:52.080 --> 56:54.080]  So that goes down there.
[56:54.080 --> 56:56.080]  You know, that's one of the biggest motivations.
[56:56.080 --> 57:02.080]  But if we actually got a constitutional amendment through that would allow us to have a full-time legislature,
[57:02.080 --> 57:09.080]  it would improve things, because right now, if you go out and read the journals of the House and the Senate,
[57:09.080 --> 57:12.080]  you look at how many times they suspend all the rules.
[57:12.080 --> 57:17.080]  There's supposed to be all of these rules about publication and reading the bill three times.
[57:17.080 --> 57:23.080]  I found four bills that had public notices for hearings on the 11th of March,
[57:23.080 --> 57:28.080]  had the public hearings on March, had no public there to testify,
[57:28.080 --> 57:31.080]  and had no public notices about it.
[57:31.080 --> 57:35.080]  I mean, so they suspended the rules on the public notice hearings.
[57:35.080 --> 57:42.080]  So we're essentially talking about a government that's just – it's running at high speed,
[57:42.080 --> 57:47.080]  doing mostly nothing, and the public's not aware of what it's doing.
[57:47.080 --> 57:55.080]  And even the news media is either incompetent or indifferent to the fact that circus occurs every other year.
[57:55.080 --> 58:02.080]  So – OK, hang on. We're about to go to our top-of-the-hour break.
[58:02.080 --> 58:05.080]  This is Randy Kelton, Kid Magnuson.
[58:05.080 --> 58:10.080]  We have our radio, our call-in number, 512-646-1984.
[58:10.080 --> 58:16.080]  We're getting down toward the end of the show, so if you have a question or comment, give us a call.
[58:16.080 --> 58:20.080]  And this is our top-of-the-hour break, so it's a little longer.
[58:20.080 --> 58:28.080]  It's a good time to go to our logosradionetwork.com page and visit some of our sponsors
[58:28.080 --> 58:32.080]  and see if you can't help us fund this station.
[58:32.080 --> 58:35.080]  We've just been putting in some new equipment,
[58:35.080 --> 58:40.080]  and we need funds to keep all of this up and keep our show on the air.
[58:40.080 --> 58:48.080]  So help us out, patronize our – I've lost that word.
[58:48.080 --> 58:50.080]  We'll be right back.
[59:18.080 --> 59:22.080]  Chapter by chapter, Basic Elements of the Christian Life clearly presents
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[59:27.080 --> 59:33.080]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life,
[59:33.080 --> 59:40.080]  call Bibles for America toll free at 888-551-0102.
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[59:52.080 --> 01:00:03.080]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:03.080 --> 01:00:08.080]  You're listening to the Liberty Beat, your daily source for Liberty news and activist updates,
[01:00:08.080 --> 01:00:12.080]  online at thelibertybeat.com.
[01:00:12.080 --> 01:00:17.080]  John Bush here with your Liberty Beat for Friday, March 20, 2015.
[01:00:17.080 --> 01:00:20.080]  Gold is trading around $1,171.
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[01:01:01.080 --> 01:01:04.080]  The American Civil Liberties Union and the New York Civil Liberties Union
[01:01:04.080 --> 01:01:07.080]  have filed suit against the Transportation Security Administration
[01:01:07.080 --> 01:01:11.080]  for records related to the controversial screening passengers
[01:01:11.080 --> 01:01:14.080]  by observation techniques program.
[01:01:14.080 --> 01:01:17.080]  The Civil Liberties Organization say they are seeking records
[01:01:17.080 --> 01:01:20.080]  related to the effectiveness of the widely criticized program,
[01:01:20.080 --> 01:01:23.080]  as well as the percentage of minorities that are targeted.
[01:01:23.080 --> 01:01:27.080]  The SPOT program involved TSA behavior detection officers
[01:01:27.080 --> 01:01:32.080]  scanning passengers for behavior that the agency associates with stress and fear.
[01:01:32.080 --> 01:01:36.080]  The program has been criticized by Congress' Government Accountability Office
[01:01:36.080 --> 01:01:43.080]  and independent researchers as ineffective and wasteful.
[01:01:43.080 --> 01:01:46.080]  Researchers with the University of Michigan Health System in Ann Arbor
[01:01:46.080 --> 01:01:49.080]  say that installing sobriety test devices in vehicles
[01:01:49.080 --> 01:01:54.080]  could prevent as much as 85% of alcohol-related deaths in the U.S.
[01:01:54.080 --> 01:01:57.080]  The team says that new vehicles could be outfitted
[01:01:57.080 --> 01:02:01.080]  with the driver alcohol detection system for safety, or DADS.
[01:02:01.080 --> 01:02:04.080]  Over a 15-year period, older cars could be phased out
[01:02:04.080 --> 01:02:07.080]  and new vehicles could be outfitted with the device
[01:02:07.080 --> 01:02:09.080]  which prevents the car from starting
[01:02:09.080 --> 01:02:13.080]  if the driver has a blood alcohol level of.08 or greater.
[01:02:13.080 --> 01:02:17.080]  Researchers say that over the 15-year implementation period,
[01:02:17.080 --> 01:02:20.080]  around $343 billion would be saved
[01:02:20.080 --> 01:02:24.080]  and more than 59,000 crash fatalities could be avoided.
[01:02:24.080 --> 01:02:27.080]  Civil Liberties advocates and Right to Travel supporters
[01:02:27.080 --> 01:02:31.080]  believe the measure is intrusive and unconstitutional.
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[01:03:26.080 --> 01:03:30.080]  Okay, we are back.
[01:03:30.080 --> 01:03:33.080]  Randy Kelton, Ken Magnuson, Wheelbar Radio,
[01:03:33.080 --> 01:03:36.080]  and we have a caller, Mark from Texas.
[01:03:36.080 --> 01:03:42.080]  And you're going to want to talk about fraudulent assignments,
[01:03:42.080 --> 01:03:45.080]  a topic close to my heart.
[01:03:45.080 --> 01:03:47.080]  Hello, Mark.
[01:03:47.080 --> 01:03:49.080]  Hey, hi, Randy.
[01:03:49.080 --> 01:03:52.080]  Yeah, I've got this going on.
[01:03:52.080 --> 01:03:55.080]  I'm having a lot of fun with my case.
[01:03:55.080 --> 01:03:57.080]  I've spoken a few many times and you've helped me.
[01:03:57.080 --> 01:03:58.080]  Wait, hold on.
[01:03:58.080 --> 01:04:00.080]  I think you're turning your face away from the mic
[01:04:00.080 --> 01:04:02.080]  because you're kind of fading.
[01:04:02.080 --> 01:04:04.080]  Can you hear me now?
[01:04:04.080 --> 01:04:06.080]  Yes, I can hear you.
[01:04:06.080 --> 01:04:07.080]  A little better, all right.
[01:04:07.080 --> 01:04:09.080]  I just need to keep it at a distance, I believe.
[01:04:09.080 --> 01:04:17.080]  So I have a question here and I just wanted to ask or note a few things in fact.
[01:04:17.080 --> 01:04:22.080]  Whenever my complaint was filed by the plaintiff's attorneys,
[01:04:22.080 --> 01:04:26.080]  they actually included the assignment document.
[01:04:26.080 --> 01:04:33.080]  So it's got a few things in it that are perhaps of interest to me now that weren't before
[01:04:33.080 --> 01:04:39.080]  because these attorneys were fired when I filed my most recent motion.
[01:04:39.080 --> 01:04:41.080]  They have hired some new ones.
[01:04:41.080 --> 01:04:43.080]  They responded to that motion.
[01:04:43.080 --> 01:04:47.080]  And it's got me concerned with a few things.
[01:04:47.080 --> 01:04:51.080]  And I'm to the point where I want to question the assignment
[01:04:51.080 --> 01:05:01.080]  because the original lender that I did this mortgage with was out of business in 2008.
[01:05:01.080 --> 01:05:05.080]  They were in Chapter 11 and I believe they were,
[01:05:05.080 --> 01:05:08.080]  the name of the organization changed completely.
[01:05:08.080 --> 01:05:15.080]  And what I want to know is how would you suggest that I might show the court
[01:05:15.080 --> 01:05:21.080]  that the assigning party, because the assignment took place in 2013, how would I,
[01:05:21.080 --> 01:05:27.080]  and it was, you know, to name names, it was Fremont by MERS to U.S. Bank.
[01:05:27.080 --> 01:05:29.080]  Fremont's out of business.
[01:05:29.080 --> 01:05:34.080]  MERS in the state that I'm dealing with has already been ruled to have no authority to act
[01:05:34.080 --> 01:05:37.080]  in that capacity on their own accord.
[01:05:37.080 --> 01:05:40.080]  And so I believe I have fraud there.
[01:05:40.080 --> 01:05:41.080]  Okay.
[01:05:41.080 --> 01:05:43.080]  I have a question.
[01:05:43.080 --> 01:05:47.080]  In, okay, this is Arkansas?
[01:05:47.080 --> 01:05:48.080]  Yeah, it's Arkansas.
[01:05:48.080 --> 01:05:49.080]  Okay.
[01:05:49.080 --> 01:05:58.080]  In Arkansas, is there a quiet title provision or statute?
[01:05:58.080 --> 01:05:59.080]  Yeah.
[01:05:59.080 --> 01:06:01.080]  I can file quiet title.
[01:06:01.080 --> 01:06:08.080]  I thought I could file a quiet title and send that to MERS since Fremont's not around, right?
[01:06:08.080 --> 01:06:19.080]  In my opinion, the best way to handle this is not to say that MERS does not have capacity,
[01:06:19.080 --> 01:06:25.080]  agency standing or capacity to do this thing here concerning my mortgage.
[01:06:25.080 --> 01:06:35.080]  The best way to handle this is to go to quiet title, to correct documents filed in the public record.
[01:06:35.080 --> 01:06:44.080]  And this way you only address the issue of the validity of that document as it rests in the record.
[01:06:44.080 --> 01:06:51.080]  When you file a document in the public record, it is presumed to be regular
[01:06:51.080 --> 01:06:57.080]  and will be accepted as regular until such time as it's challenged.
[01:06:57.080 --> 01:07:06.080]  And any state that has a Registrar of Deeds has to have a provision for challenging documents
[01:07:06.080 --> 01:07:13.080]  filed in the public record that affects a person's claim to real property.
[01:07:13.080 --> 01:07:20.080]  So you go in and challenge the document on its face and nothing else.
[01:07:20.080 --> 01:07:28.080]  Now they might want to join the quiet title action to the case you're in, let them.
[01:07:28.080 --> 01:07:34.080]  But you object to it, of course, but have that as a separate argument.
[01:07:34.080 --> 01:07:39.080]  This document is insufficient under Arkansas law.
[01:07:39.080 --> 01:07:44.080]  And you make the argument that because it's insufficient under Arkansas law
[01:07:44.080 --> 01:07:50.080]  without regard to the actual position of the parties,
[01:07:50.080 --> 01:07:56.080]  because it's insufficient, the court cannot see it.
[01:07:56.080 --> 01:08:00.080]  Okay, very good.
[01:08:00.080 --> 01:08:06.080]  Like here, if it was here in Texas, we have the Santiago v. Mackey decision, which would be great fun.
[01:08:06.080 --> 01:08:16.080]  But you should look in Arkansas to see if they have a provision to take on a lawyer
[01:08:16.080 --> 01:08:26.080]  when the lawyer acts in a way that's ultra virase, that's beyond his scope or capacity to act.
[01:08:26.080 --> 01:08:34.080]  And presenting fraudulent documents is one of those things that's beyond scope.
[01:08:34.080 --> 01:08:39.080]  So you might consider suing the lawyers.
[01:08:39.080 --> 01:08:45.080]  You've suggested that with respect to a few other things, as in my case before,
[01:08:45.080 --> 01:08:48.080]  we've spoken a few weeks ago, I know we've talked to a lot of people,
[01:08:48.080 --> 01:08:54.080]  but they actually said that the first acceleration date of my mortgage was 2010.
[01:08:54.080 --> 01:08:57.080]  It's in direct conflict with the complaint.
[01:08:57.080 --> 01:09:01.080]  And I believe you suggested that was Class C felony.
[01:09:01.080 --> 01:09:04.080]  I looked it up, and it is actually.
[01:09:04.080 --> 01:09:08.080]  So I'm going to ask the judge for sanctions appropriate to that.
[01:09:08.080 --> 01:09:18.080]  Well, a suggestion, you might present the judge with a verified criminal affidavit.
[01:09:18.080 --> 01:09:20.080]  Okay.
[01:09:20.080 --> 01:09:28.080]  And ask for an examining trial instead of sanctions.
[01:09:28.080 --> 01:09:33.080]  So I present the judge at the hearing with this verified criminal affidavit.
[01:09:33.080 --> 01:09:38.080]  Can I present it to him without having filed it with the circuit court first?
[01:09:38.080 --> 01:09:40.080]  Do I have to go through any of those roof holes?
[01:09:40.080 --> 01:09:42.080]  No, no, no, you don't understand.
[01:09:42.080 --> 01:09:47.080]  When you give him that document, he's not a judge anymore.
[01:09:47.080 --> 01:09:49.080]  Oh, okay.
[01:09:49.080 --> 01:09:53.080]  Ken, will you explain that to him?
[01:09:53.080 --> 01:09:55.080]  He's a magistrate?
[01:09:55.080 --> 01:09:57.080]  Ta-da!
[01:09:57.080 --> 01:10:03.080]  He just took off his judge's hat and he put on his magistrate's hat.
[01:10:03.080 --> 01:10:05.080]  Go ahead, Ken.
[01:10:05.080 --> 01:10:13.080]  Well, yeah, and then now he has to look at it and react according to how the code of criminal procedure
[01:10:13.080 --> 01:10:16.080]  in the state requires him to act.
[01:10:16.080 --> 01:10:22.080]  You may want to look that up so that if he doesn't act accordingly, you can put objections on the record.
[01:10:22.080 --> 01:10:29.080]  But the idea then is he could seal a criminal complaint and have it sent to the clerk of the court of proper jurisdiction
[01:10:29.080 --> 01:10:36.080]  if that's the same as the code in Texas, and then they may get indicted.
[01:10:36.080 --> 01:10:42.080]  And the issue then is if they...
[01:10:42.080 --> 01:10:46.080]  I don't know what the rules are in the Bar Association in Arkansas,
[01:10:46.080 --> 01:10:52.080]  but the issue here in Texas is if the attorney does the fraudulent act, it may rise to criminality
[01:10:52.080 --> 01:10:57.080]  in the commission in concert with the principal that he's representing.
[01:10:57.080 --> 01:11:02.080]  He becomes the witness in his own case, and there's something called the attorney witness rule.
[01:11:02.080 --> 01:11:04.080]  And you can strike the attorney.
[01:11:04.080 --> 01:11:08.080]  He can't represent the principal anymore.
[01:11:08.080 --> 01:11:10.080]  Oh, that's interesting.
[01:11:10.080 --> 01:11:14.080]  And that's what we were talking about, sue the attorney.
[01:11:14.080 --> 01:11:20.080]  And now the attorney becomes a litigant, and he can no longer be attorney for the case.
[01:11:20.080 --> 01:11:23.080]  If I didn't mention that the other day, I should have.
[01:11:23.080 --> 01:11:29.080]  And thank you, Ken, for bringing that up, because this jerk's a knot in everybody's behind,
[01:11:29.080 --> 01:11:39.080]  because now the bank has to hire another law firm because the litigant has just sued the previous law firm.
[01:11:39.080 --> 01:11:44.080]  Now, if you're a lawyer and the bank comes to you and wants to hire you in this circumstance,
[01:11:44.080 --> 01:11:49.080]  what are you going to do?
[01:11:49.080 --> 01:11:54.080]  You're going to raise your rates big time.
[01:11:54.080 --> 01:12:00.080]  You're asking me to jump in a pot that's already boiling.
[01:12:00.080 --> 01:12:04.080]  You got some chump here who knows how to hammer the lawyers.
[01:12:04.080 --> 01:12:05.080]  He's bar-grieved them.
[01:12:05.080 --> 01:12:09.080]  He sued them, filed criminal charges against them.
[01:12:09.080 --> 01:12:13.080]  And you want me to step in there now?
[01:12:13.080 --> 01:12:17.080]  I think there's another more likely answer.
[01:12:17.080 --> 01:12:20.080]  Hell no.
[01:12:20.080 --> 01:12:24.080]  It's going to be, they're going to have to have counsel.
[01:12:24.080 --> 01:12:27.080]  They'll eventually find counsel.
[01:12:27.080 --> 01:12:31.080]  But in the end, it's all about the money.
[01:12:31.080 --> 01:12:33.080]  Oh, these guys have already done that.
[01:12:33.080 --> 01:12:34.080]  I brought it up.
[01:12:34.080 --> 01:12:37.080]  I said that they just simply misrepresented the truth.
[01:12:37.080 --> 01:12:43.080]  And when I mentioned this, I think you and Steve last week, Steve said attorneys don't lie.
[01:12:43.080 --> 01:12:48.080]  Attorneys commit aggravated perjury, something to that effect.
[01:12:48.080 --> 01:12:51.080]  So this is all rather interesting.
[01:12:51.080 --> 01:12:57.080]  Ken, Steve Skidmore is working for a law firm.
[01:12:57.080 --> 01:13:11.080]  When anybody accuses a lawyer of lying, he chastises them and assures them that a lawyer cannot lie, that only citizens lie.
[01:13:11.080 --> 01:13:14.080]  Lawyers commit aggravated perjury.
[01:13:14.080 --> 01:13:17.080]  And what was the other one?
[01:13:17.080 --> 01:13:21.080]  Some misrepresentation, I forget exactly the term he used.
[01:13:21.080 --> 01:13:26.080]  But when a lawyer steps before the court and misrepresents a fact, that's not lying, that's perjury.
[01:13:26.080 --> 01:13:33.080]  And they should be pursued for that reason, not just to win your case.
[01:13:33.080 --> 01:13:34.080]  They are the servants.
[01:13:34.080 --> 01:13:37.080]  We are the masters.
[01:13:37.080 --> 01:13:43.080]  We should not let anything go by that violates one of our laws.
[01:13:43.080 --> 01:13:49.080]  We need to jump up and down and rail in righteous indignation and cram it right down their throats.
[01:13:49.080 --> 01:13:54.080]  And the more minor in nitpicking it is, the better.
[01:13:54.080 --> 01:14:00.080]  If you nail them on the small stuff, you tend to keep them away from the big stuff.
[01:14:00.080 --> 01:14:08.080]  And here, this goes to my rule, never interfere with somebody when he's screwing up.
[01:14:08.080 --> 01:14:13.080]  So you might want to encourage him to lie some more.
[01:14:13.080 --> 01:14:15.080]  There's another issue here.
[01:14:15.080 --> 01:14:19.080]  There's an issue of when attorneys plead that and it's brought upon the court.
[01:14:19.080 --> 01:14:25.080]  A motion for sanctions is don't ask for money, ask for their pleadings to be stricken.
[01:14:25.080 --> 01:14:28.080]  If their pleadings are stricken, that's all their pleadings.
[01:14:28.080 --> 01:14:37.080]  That includes any answer or any affirmative pleadings that they've made, and then you move for default judgment.
[01:14:37.080 --> 01:14:41.080]  And that's a reasonable request.
[01:14:41.080 --> 01:14:42.080]  Yes, it is.
[01:14:42.080 --> 01:14:47.080]  Because the lawyer has come before the court with unclean hands.
[01:14:47.080 --> 01:14:55.080]  Remember I spoke earlier to a document filed in the public record is presumed to be normal until it's challenged.
[01:14:55.080 --> 01:15:03.080]  When a lawyer files a document with the court, he's an officer of the court and he holds a special position of trust.
[01:15:03.080 --> 01:15:12.080]  So when he files a document, there's even a stronger presumption that it is not only regular,
[01:15:12.080 --> 01:15:24.080]  but in compliance with law, that his arguments are proper arguments and not arguments over issues.
[01:15:24.080 --> 01:15:29.080]  He hasn't misstated the law or argued issues that's already been adjudicated.
[01:15:29.080 --> 01:15:31.080]  He has a lot more restrictions.
[01:15:31.080 --> 01:15:36.080]  But the presumption is because he's an officer of the court, he's met all of this.
[01:15:36.080 --> 01:15:46.080]  And when a lawyer gets caught lying to a judge, I mean, imagine you're a judge sitting up there on the stand
[01:15:46.080 --> 01:15:54.080]  and you get these lawyers coming forward before you and they bring issues to you for you to adjudicate.
[01:15:54.080 --> 01:16:01.080]  And then somebody comes and lies right to your face.
[01:16:01.080 --> 01:16:06.080]  You know, if I was a judge, I would be insulted.
[01:16:06.080 --> 01:16:12.080]  And unless the judge is, I suspect even if he is horribly corrupt,
[01:16:12.080 --> 01:16:18.080]  if he didn't know the lawyer was lying to him in the first place, he is not going to be a happy camper.
[01:16:18.080 --> 01:16:21.080]  You have a question that I'm totally sure of it.
[01:16:21.080 --> 01:16:29.080]  Let me ask you real quick here, in their response to my motion, which I should win based on the law,
[01:16:29.080 --> 01:16:31.080]  but there's something else here.
[01:16:31.080 --> 01:16:32.080]  I mean, as you said—
[01:16:32.080 --> 01:16:33.080]  OK, hang on.
[01:16:33.080 --> 01:16:38.080]  For Ken's benefit, you're talking about the one they didn't respond to?
[01:16:38.080 --> 01:16:39.080]  Oh, wait, wait, wait.
[01:16:39.080 --> 01:16:40.080]  We're about to go to break.
[01:16:40.080 --> 01:16:41.080]  Hang on.
[01:16:41.080 --> 01:16:48.080]  This is Randy Kelton, Ken McKenderson, Ken Magnuson.
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[01:19:25.080 --> 01:19:47.080]  If I can't get everything I want, yeah, maybe I'll get a range, yeah.
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[01:19:58.080 --> 01:20:10.080]  If the people of the world can't get half a cent of peace, yeah, maybe I'll get a range, yeah.
[01:20:10.080 --> 01:20:33.080]  If the people of the world can't get half a cent of peace, yeah, maybe I'll get a range, yeah.
[01:20:33.080 --> 01:20:46.080]  If the people of the world can't get half a cent of peace, yeah, maybe I'll get a range, yeah.
[01:20:46.080 --> 01:21:10.080]  If the people of the world can't get half a cent of peace, yeah, maybe I'll get a range, yeah.
[01:21:10.080 --> 01:21:17.080]  All right. Well, I tell you, what I more or less wanted to ask you about were two things.
[01:21:17.080 --> 01:21:20.080]  First, about the rules of evidence.
[01:21:20.080 --> 01:21:25.080]  I have a document in the response to a motion I've made.
[01:21:25.080 --> 01:21:32.080]  My motion, this is interesting and colorful, and I brought this up before.
[01:21:32.080 --> 01:21:40.080]  I'm about to make a motion to dismiss based on lack of subject matter jurisdiction,
[01:21:40.080 --> 01:21:46.080]  because at the face value of the complaint, this complaint was filed past the statute of limitations.
[01:21:46.080 --> 01:21:49.080]  That's probably the shortest, sweetest path to victory,
[01:21:49.080 --> 01:21:54.080]  but I don't know if the judge is going to go my way on that one way or another.
[01:21:54.080 --> 01:22:00.080]  I've found lots of cases where upon appeal this ends up being the case with the Supreme Court and with others,
[01:22:00.080 --> 01:22:08.080]  but I don't know a thing, so I'm trying to come up with Plan B and Plan C and be prepared.
[01:22:08.080 --> 01:22:15.080]  I have a large document in their response that's called a detailed transactional history,
[01:22:15.080 --> 01:22:19.080]  and when they perturbed themselves before,
[01:22:19.080 --> 01:22:25.080]  they were trying to say that the date of acceleration was in 2010 rather than 2007,
[01:22:25.080 --> 01:22:33.080]  in contradiction with the original complaint, and I've brought that up in my motion that I made most recently.
[01:22:33.080 --> 01:22:37.080]  Cass, let me interrupt you for a second, ask you a question.
[01:22:37.080 --> 01:22:42.080]  The biggest issue on the statute of limitations, if there's anything in their pleadings
[01:22:42.080 --> 01:22:48.080]  that put them beyond the statute of limitations, meaning that the statute is old,
[01:22:48.080 --> 01:22:53.080]  and they've pled it and it's inaccurate, there's something called the stopple,
[01:22:53.080 --> 01:22:56.080]  and they have to stand by that, they can't fix it.
[01:22:56.080 --> 01:23:00.080]  Once they've pled it in their pleadings, they have to stand by it,
[01:23:00.080 --> 01:23:05.080]  so you don't necessarily want to plead fraud against them if they've pled a date
[01:23:05.080 --> 01:23:10.080]  that benefits your dismissal for the tolling of the statute.
[01:23:10.080 --> 01:23:13.080]  Oh, I'm not sure if that applies or not.
[01:23:13.080 --> 01:23:19.080]  No, what they did is they pled a date much later that would get them...
[01:23:19.080 --> 01:23:25.080]  They tried to make them look like they were within the statute of limitations, not outside of it.
[01:23:25.080 --> 01:23:27.080]  Exactly.
[01:23:27.080 --> 01:23:34.080]  What essentially happened here is pretty laughable, and it's got me confused,
[01:23:34.080 --> 01:23:37.080]  and I'm trying to figure out what I need to do.
[01:23:37.080 --> 01:23:42.080]  They filed a complaint in 2013 saying the last payment made was in 2007,
[01:23:42.080 --> 01:23:45.080]  more than six years past the statute of limitations.
[01:23:45.080 --> 01:23:50.080]  As a complete layperson fool, I didn't know what to do.
[01:23:50.080 --> 01:23:53.080]  I responded to this and told them a few things.
[01:23:53.080 --> 01:23:56.080]  I even told them that I had attempted to make payments,
[01:23:56.080 --> 01:24:00.080]  and I gave them an example of a payment that had been sent back.
[01:24:00.080 --> 01:24:04.080]  This was the last payment I believe I had attempted to make to Chase,
[01:24:04.080 --> 01:24:08.080]  and it's unclear as to whether they are, based on any documents I have,
[01:24:08.080 --> 01:24:14.080]  it's unclear whether they are the owner at this point, if it was assigned to them.
[01:24:14.080 --> 01:24:19.080]  There's no record of it, or whether they were a servicer or anything of the sort.
[01:24:19.080 --> 01:24:22.080]  That's questionable.
[01:24:22.080 --> 01:24:24.080]  I ended up going through...
[01:24:24.080 --> 01:24:26.080]  Okay, hold on.
[01:24:26.080 --> 01:24:32.080]  That's what you addressed in your subject matter jurisdiction challenge, isn't it?
[01:24:32.080 --> 01:24:34.080]  In the subject matter jurisdiction challenge,
[01:24:34.080 --> 01:24:39.080]  I'm basically just going off of a form that I got from someone we both know and love,
[01:24:39.080 --> 01:24:42.080]  and I got it from Steve.
[01:24:42.080 --> 01:24:46.080]  He gave me something with some Texas cases that were cited.
[01:24:46.080 --> 01:24:51.080]  I'm still trying to find the best Arkansas cases that would support my situation,
[01:24:51.080 --> 01:24:56.080]  which is one where I'm just saying that the complaint should be a nullity at its face value.
[01:24:56.080 --> 01:24:58.080]  It doesn't have...
[01:24:58.080 --> 01:25:00.080]  I don't remember the exact terms.
[01:25:00.080 --> 01:25:05.080]  Okay, are you only arguing that it's out of time,
[01:25:05.080 --> 01:25:12.080]  or are you also arguing that the plaintiff lacked capacity?
[01:25:12.080 --> 01:25:14.080]  Right.
[01:25:14.080 --> 01:25:18.080]  Plaintiff lacked capacity to invoke subject matter jurisdiction of the court.
[01:25:18.080 --> 01:25:25.080]  What I'm really calling attention to is the fact that the complaint was filed past the statute of limitations.
[01:25:25.080 --> 01:25:29.080]  Okay, well, you need to do in the alternative.
[01:25:29.080 --> 01:25:40.080]  Because of a fraudulent assignment and no proof of complete chain of title,
[01:25:40.080 --> 01:25:46.080]  that they lack capacity to claim a controversy
[01:25:46.080 --> 01:25:50.080]  and therefore lack the capacity to invoke subject matter jurisdiction to the court.
[01:25:50.080 --> 01:25:59.080]  You need to look for a statute that reflects 13.001 Texas Property Code,
[01:25:59.080 --> 01:26:06.080]  which says a claim against real property not properly acknowledged or proven
[01:26:06.080 --> 01:26:11.080]  and filed in the public record is void as to the holder.
[01:26:11.080 --> 01:26:15.080]  It's important you understand what that means.
[01:26:15.080 --> 01:26:18.080]  You can be the bona fide holder.
[01:26:18.080 --> 01:26:25.080]  You can hold a complete and uninterrupted chain of title.
[01:26:25.080 --> 01:26:32.080]  But if that's not filed in the record, you can use that chain of title for toilet paper.
[01:26:32.080 --> 01:26:43.080]  In order for the county registrar's records to have any value, you have to have that requirement.
[01:26:43.080 --> 01:26:46.080]  Find it in your property code.
[01:26:46.080 --> 01:26:55.080]  Go in and say they don't have an uninterrupted claim of title filed in the record.
[01:26:55.080 --> 01:26:57.080]  Don't say they don't have it.
[01:26:57.080 --> 01:26:59.080]  You don't care what they've got.
[01:26:59.080 --> 01:27:02.080]  If they don't have it filed in the record,
[01:27:02.080 --> 01:27:06.080]  they can't come to the court and claim a controversy.
[01:27:06.080 --> 01:27:09.080]  Okay, so I will do that.
[01:27:09.080 --> 01:27:13.080]  I'm pretty much planning on tomorrow just looking at the rules of evidence
[01:27:13.080 --> 01:27:16.080]  and I'd like to ask your advice about this.
[01:27:16.080 --> 01:27:22.080]  They have submitted, and this will just be ready for whenever I have a hearing on my motion,
[01:27:22.080 --> 01:27:25.080]  they've submitted something they call a detailed transactional history
[01:27:25.080 --> 01:27:31.080]  trying to say that the last payment that I made was actually in 2010.
[01:27:31.080 --> 01:27:33.080]  Nothing is authorized.
[01:27:33.080 --> 01:27:34.080]  Okay, wait a minute.
[01:27:34.080 --> 01:27:38.080]  Have you gotten to discovery?
[01:27:38.080 --> 01:27:42.080]  We're not officially finished with discovery.
[01:27:42.080 --> 01:27:44.080]  It's not been declared, but it's finished.
[01:27:44.080 --> 01:27:46.080]  I haven't submitted any interrogatories.
[01:27:46.080 --> 01:27:53.080]  I'm actually preparing some admissions at this point just to try to take advantage of those.
[01:27:53.080 --> 01:27:57.080]  Okay, discovery is an art form.
[01:27:57.080 --> 01:28:00.080]  That's where you're going to win or lose the case.
[01:28:00.080 --> 01:28:06.080]  They have claimed a payment in 2010 or 11, whatever.
[01:28:06.080 --> 01:28:13.080]  Request a copy of the evidence of the payment.
[01:28:13.080 --> 01:28:18.080]  Did you pay with a debit card or did you pay with a check?
[01:28:18.080 --> 01:28:22.080]  I would have made any payments by a Western Union.
[01:28:22.080 --> 01:28:25.080]  I'm going to check with them tomorrow too.
[01:28:25.080 --> 01:28:29.080]  Oh.
[01:28:29.080 --> 01:28:35.080]  Yeah, they made up the payment in order to get that statute of limitations.
[01:28:35.080 --> 01:28:36.080]  I think so.
[01:28:36.080 --> 01:28:38.080]  It's likely.
[01:28:38.080 --> 01:28:45.080]  However, gentlemen, the thing here, and it becomes interesting, in Arkansas there are
[01:28:45.080 --> 01:28:52.080]  two statutes that are more specific to the general statute of limitations of five years
[01:28:52.080 --> 01:28:55.080]  when it comes to property and real estate.
[01:28:55.080 --> 01:28:57.080]  Texas may have something similar.
[01:28:57.080 --> 01:29:02.080]  It says for a payment made to a third party, and I'm definitely paraphrasing,
[01:29:02.080 --> 01:29:06.080]  but for a payment made to a third party, note holder, lien holder, et cetera,
[01:29:06.080 --> 01:29:09.080]  in order for that to toll the statute of limitations,
[01:29:09.080 --> 01:29:15.080]  there has to be a record filed with the court, with the circuit court, et cetera.
[01:29:15.080 --> 01:29:17.080]  And there are no records filed.
[01:29:17.080 --> 01:29:22.080]  So if I made a payment to Chase or to anybody else, they're not the original lender.
[01:29:22.080 --> 01:29:28.080]  They're a third party under those circumstances, the argument that I was talking about.
[01:29:28.080 --> 01:29:35.080]  And so I think you're misinterpreting something.
[01:29:35.080 --> 01:29:41.080]  The difference between offering to make a payment and making a payment.
[01:29:41.080 --> 01:29:42.080]  Yeah.
[01:29:42.080 --> 01:29:47.080]  It notes that if we offer it or acknowledge the debt, it still has to be recorded.
[01:29:47.080 --> 01:29:52.080]  It covers those two.
[01:29:52.080 --> 01:29:53.080]  But, okay, hang on.
[01:29:53.080 --> 01:29:54.080]  We're about to go to break.
[01:29:54.080 --> 01:30:00.080]  Randy Kelton, Ken Megson, Wheelbar Radio, we'll be right back.
[01:30:00.080 --> 01:30:03.080]  Being overweight in Japan is illegal.
[01:30:03.080 --> 01:30:06.080]  Citizens with bloated waistlines are labeled metabo
[01:30:06.080 --> 01:30:08.080]  and must slim down to meet government mandates.
[01:30:08.080 --> 01:30:10.080]  Will the U.S. follow suit?
[01:30:10.080 --> 01:30:11.080]  I'm Dr. Catherine Albert,
[01:30:11.080 --> 01:30:14.080]  and I'll be back to weigh in on this issue in just a moment.
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[01:30:45.080 --> 01:30:48.080]  Japan's universal healthcare system is a budget buster.
[01:30:48.080 --> 01:30:52.080]  Overweight citizens raise costs, so the government wants to whittle waistlines.
[01:30:52.080 --> 01:30:57.080]  Men with weights over 33 inches and women with weights over 35 inches
[01:30:57.080 --> 01:30:58.080]  are illegally overweight.
[01:30:58.080 --> 01:31:00.080]  It doesn't matter how tall you are.
[01:31:00.080 --> 01:31:03.080]  Companies face heavy fines if employees don't slim down,
[01:31:03.080 --> 01:31:06.080]  so workers are pressured into weight loss programs.
[01:31:06.080 --> 01:31:08.080]  Here in the U.S., grocers stop and shop,
[01:31:08.080 --> 01:31:12.080]  once considered sharing shopper card purchase data with HMOs,
[01:31:12.080 --> 01:31:15.080]  presumably to punish shoppers choosing bacon over bran.
[01:31:15.080 --> 01:31:18.080]  And with Obamacare, mandated measurements and food nannies
[01:31:18.080 --> 01:31:20.080]  could be just around the corner,
[01:31:20.080 --> 01:31:23.080]  unless we say no to health surveillance today.
[01:31:23.080 --> 01:31:24.080]  I'm Dr. Catherine Albrecht.
[01:31:24.080 --> 01:31:30.080]  More news and information at CatherineAlbrecht.com.
[01:31:30.080 --> 01:31:36.080]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
[01:31:36.080 --> 01:31:38.080]  The government says that fire brought it down.
[01:31:38.080 --> 01:31:43.080]  However, 1,500 architects and engineers concluded it was a controlled demolition.
[01:31:43.080 --> 01:31:46.080]  Over 6,000 of my fellow service members have given their lives.
[01:31:46.080 --> 01:31:48.080]  Thousands of my fellow first responders are dying.
[01:31:48.080 --> 01:31:50.080]  I'm not a conspiracy theorist.
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[01:31:55.080 --> 01:31:57.080]  We're Americans, and we deserve the truth.
[01:31:57.080 --> 01:32:00.080]  Go to RememberBuilding7.org today.
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[01:32:58.080 --> 01:33:00.080]  Microplantpowder.com.
[01:33:00.080 --> 01:33:04.080]  You are listening to the Logos Radio Network.
[01:33:04.080 --> 01:33:14.080]  Logosradionetwork.com.
[01:33:35.080 --> 01:33:36.080]  Okay.
[01:33:36.080 --> 01:33:37.080]  We are back.
[01:33:37.080 --> 01:33:39.080]  Randy Kelton, Ken Magnuson.
[01:33:39.080 --> 01:33:43.080]  We have our radio, and we're talking to Mark in Texas.
[01:33:43.080 --> 01:33:46.080]  Ken, you wanted to clarify the payment.
[01:33:46.080 --> 01:33:47.080]  Right.
[01:33:47.080 --> 01:33:55.080]  This payment that was supposedly made in 2010, how do you normally make your payments,
[01:33:55.080 --> 01:34:01.080]  and is this payment an anomaly from that process?
[01:34:01.080 --> 01:34:03.080]  I'm not sure.
[01:34:03.080 --> 01:34:04.080]  They're not saying...
[01:34:04.080 --> 01:34:05.080]  They're being very vague.
[01:34:05.080 --> 01:34:07.080]  They're not saying how the payment was made.
[01:34:07.080 --> 01:34:10.080]  They're showing something that looks like a computer printout.
[01:34:10.080 --> 01:34:12.080]  It could have been completely fabricated.
[01:34:12.080 --> 01:34:16.080]  No one's notarized it or authenticated it, and they're asking the judge...
[01:34:16.080 --> 01:34:20.080]  They're more or less trying to create confusion so the judge won't find in my favor
[01:34:20.080 --> 01:34:24.080]  saying there'd be some reason to dispute material facts.
[01:34:24.080 --> 01:34:25.080]  Okay.
[01:34:25.080 --> 01:34:26.080]  What you need to...
[01:34:26.080 --> 01:34:28.080]  I would say there's a dispute.
[01:34:28.080 --> 01:34:32.080]  What they're saying, that's a material fact, but it's only because...
[01:34:32.080 --> 01:34:34.080]  Did they verify the pleading?
[01:34:34.080 --> 01:34:36.080]  No, not at all.
[01:34:36.080 --> 01:34:37.080]  Was it sworn?
[01:34:37.080 --> 01:34:45.080]  You need to turn around and verify that that entry on their answer of the payment on that
[01:34:45.080 --> 01:34:49.080]  date you never made, and you do that as an affidavit patched.
[01:34:49.080 --> 01:34:55.080]  I made payments up until this date, but I never made a payment on this date.
[01:34:55.080 --> 01:35:01.080]  You sign it as an affidavit, and let them have to prove whatever the payment is.
[01:35:01.080 --> 01:35:07.080]  If they can't prove the payment on that date, they can't get past the statute of limitations.
[01:35:07.080 --> 01:35:10.080]  Ken's going to the rules of evidence.
[01:35:10.080 --> 01:35:11.080]  Yeah.
[01:35:11.080 --> 01:35:18.080]  What the lawyers filed, the judge can't see because it doesn't meet the rules of evidence.
[01:35:18.080 --> 01:35:24.080]  If you file a verified affidavit, the judge can see that.
[01:35:24.080 --> 01:35:29.080]  It is the primary duty of the judge to determine the law in accordance with the rule...
[01:35:29.080 --> 01:35:34.080]  I mean, and determine the facts in accordance with the rules of evidence, then apply the
[01:35:34.080 --> 01:35:39.080]  law as it comes to him to the facts in the case.
[01:35:39.080 --> 01:35:43.080]  First thing he has to do is determine the facts in accordance to the rules of evidence.
[01:35:43.080 --> 01:35:51.080]  You need to get an objection to their purported evidence because it doesn't meet the rules
[01:35:51.080 --> 01:35:53.080]  of evidence.
[01:35:53.080 --> 01:36:04.080]  Get your own facts in before the court, and then move to strike the pleading, criminal
[01:36:04.080 --> 01:36:10.080]  charges against them, and primarily to strike all their pleadings, unless they can prove
[01:36:10.080 --> 01:36:18.080]  up, according to the rules of evidence, this assertion they made in this computer printout.
[01:36:18.080 --> 01:36:25.080]  But recognize that the tier of evidence is that affidavits only work in preliminary motions
[01:36:25.080 --> 01:36:30.080]  and hearings, and an affidavit will stand if it's not contested.
[01:36:30.080 --> 01:36:38.080]  Now, since they didn't file theirs as a verified petition as an affidavit, theirs isn't really
[01:36:38.080 --> 01:36:40.080]  evidence yet.
[01:36:40.080 --> 01:36:46.080]  It can be considered by the court as part of the pleadings, but if you challenge it
[01:36:46.080 --> 01:36:52.080]  with a verified affidavit that says, no, I never made a payment of da-da-da-da-da on
[01:36:52.080 --> 01:36:59.080]  this date, and quote their entry from the computer printout, then they've got to prove
[01:36:59.080 --> 01:37:00.080]  it.
[01:37:00.080 --> 01:37:01.080]  Okay.
[01:37:01.080 --> 01:37:06.080]  And the only way they can prove it is they've got to bring the documents in and have somebody
[01:37:06.080 --> 01:37:07.080]  testify.
[01:37:07.080 --> 01:37:08.080]  They just can't produce them.
[01:37:08.080 --> 01:37:12.080]  They now have to have somebody that has to authenticate the document and authenticate
[01:37:12.080 --> 01:37:14.080]  how they receive the information.
[01:37:14.080 --> 01:37:17.080]  They can't have the attorneys to submit it.
[01:37:17.080 --> 01:37:18.080]  Yeah.
[01:37:18.080 --> 01:37:25.080]  The attorneys can't testify, but if they file the pleading and they have these statements
[01:37:25.080 --> 01:37:37.080]  in there, the court is going to accept that statement as valid on its face, prima facie,
[01:37:37.080 --> 01:37:39.080]  until you challenge it.
[01:37:39.080 --> 01:37:45.080]  Once you challenge it, it changes the prima facie position to you.
[01:37:45.080 --> 01:37:52.080]  Now you have before the court prima facie evidence that that statement is not true,
[01:37:52.080 --> 01:37:56.080]  and it puts the other party on the legal dime.
[01:37:56.080 --> 01:38:03.080]  Now they have to come in with actual evidence in accordance with the rule of law to overcome
[01:38:03.080 --> 01:38:04.080]  your dispute.
[01:38:04.080 --> 01:38:06.080]  Does that make sense?
[01:38:06.080 --> 01:38:07.080]  Yeah, it makes sense.
[01:38:07.080 --> 01:38:11.080]  So in preparation for a hearing, which we haven't even set yet, but we'll be doing that
[01:38:11.080 --> 01:38:17.080]  next week, should I file an affidavit that's notarized from where I'm making my statement
[01:38:17.080 --> 01:38:22.080]  that I made no payment on this date and that is entered into evidence acceptable?
[01:38:22.080 --> 01:38:27.080]  And then is that the best way to prepare for the hearing where I say I object to this?
[01:38:27.080 --> 01:38:29.080]  Do you need to address that affidavit?
[01:38:29.080 --> 01:38:31.080]  It's not entered into evidence.
[01:38:31.080 --> 01:38:32.080]  What?
[01:38:32.080 --> 01:38:38.080]  Do you need to address the affidavit because I know and I think in Texas you can't just
[01:38:38.080 --> 01:38:39.080]  file an affidavit.
[01:38:39.080 --> 01:38:40.080]  You have to attach it to your...
[01:38:40.080 --> 01:38:42.080]  No, you've got to attach it to your motion.
[01:38:42.080 --> 01:38:47.080]  You attach it as an exhibit to your motion, the affidavit contesting their statement of
[01:38:47.080 --> 01:38:51.080]  payment on such and such date.
[01:38:51.080 --> 01:38:56.080]  Well, then I would just call this, I guess, a supplement to my motion or...
[01:38:56.080 --> 01:39:00.080]  No, no, you should file a motion to strike.
[01:39:00.080 --> 01:39:01.080]  Strike.
[01:39:01.080 --> 01:39:09.080]  A motion to strike that pleading as containing false statements of material fact.
[01:39:09.080 --> 01:39:15.080]  And as evidence in support of your motion, you attach this affidavit.
[01:39:15.080 --> 01:39:19.080]  That's how you get the affidavit in.
[01:39:19.080 --> 01:39:20.080]  Got it.
[01:39:20.080 --> 01:39:23.080]  And now here's a question.
[01:39:23.080 --> 01:39:28.080]  I won back in June based on my statute of limitations defense.
[01:39:28.080 --> 01:39:32.080]  It settled the judge's test for 90 days unanswered.
[01:39:32.080 --> 01:39:34.080]  I served them by first class mail.
[01:39:34.080 --> 01:39:36.080]  I served them by certified mail.
[01:39:36.080 --> 01:39:39.080]  They can't really say they didn't get it equal.
[01:39:39.080 --> 01:39:40.080]  That's what they did.
[01:39:40.080 --> 01:39:42.080]  They made a motion to reopen.
[01:39:42.080 --> 01:39:44.080]  They said they didn't get it.
[01:39:44.080 --> 01:39:46.080]  They said they had three exhibits, which they didn't include.
[01:39:46.080 --> 01:39:50.080]  These new attorneys are including, I guess, what they said they were going to include
[01:39:50.080 --> 01:39:51.080]  now.
[01:39:51.080 --> 01:39:59.080]  And they also made this absolutely false, perjurious statement that the first acceleration
[01:39:59.080 --> 01:40:01.080]  date was in 2010.
[01:40:01.080 --> 01:40:08.080]  Should I, at this point, I'm past the time that I can directly respond to that motion
[01:40:08.080 --> 01:40:09.080]  to reopen?
[01:40:09.080 --> 01:40:10.080]  Okay.
[01:40:10.080 --> 01:40:11.080]  Wait a minute.
[01:40:11.080 --> 01:40:12.080]  Wait a minute.
[01:40:12.080 --> 01:40:22.080]  I'm uncomfortable as it seems you're operating from some presuppositions that may not be
[01:40:22.080 --> 01:40:23.080]  true.
[01:40:23.080 --> 01:40:29.080]  The second set of lawyers made allegations or assertions.
[01:40:29.080 --> 01:40:31.080]  How did they make those?
[01:40:31.080 --> 01:40:40.080]  Let me give you context to the question that the proclamations in fact cannot come out
[01:40:40.080 --> 01:40:42.080]  of the mouth of the agent.
[01:40:42.080 --> 01:40:45.080]  It must come out of the mouth of the principal.
[01:40:45.080 --> 01:40:47.080]  The lawyer cannot testify.
[01:40:47.080 --> 01:40:53.080]  So how did they get what they're claiming in front of the court?
[01:40:53.080 --> 01:40:56.080]  Oh, that's interesting.
[01:40:56.080 --> 01:40:59.080]  Let me back up for a second.
[01:40:59.080 --> 01:41:00.080]  This is Ken.
[01:41:00.080 --> 01:41:07.080]  One of the questions I have is if they got served, if you can prove service on them at
[01:41:07.080 --> 01:41:14.080]  their address and you've got the green card, you make a prima facie case that they got
[01:41:14.080 --> 01:41:19.080]  service, they have to submit, probably under the rules of civil procedure in Arkansas,
[01:41:19.080 --> 01:41:23.080]  they have to submit some sort of affidavit saying they didn't get it.
[01:41:23.080 --> 01:41:28.080]  And then their burden of proof is for them to show that they didn't receive it.
[01:41:28.080 --> 01:41:34.080]  Where if you can show that they signed for it at their office at such and such a date
[01:41:34.080 --> 01:41:38.080]  and you've got the green card, they're screwed.
[01:41:38.080 --> 01:41:42.080]  They can't get past the time limit then if they didn't answer the motion.
[01:41:42.080 --> 01:41:47.080]  Notice to the agent is notice to the principal.
[01:41:47.080 --> 01:41:52.080]  They never actually signed for it the first time.
[01:41:52.080 --> 01:41:58.080]  And the judge found in my favor signed an order and dismissed their cause of action
[01:41:58.080 --> 01:42:00.080]  back in June.
[01:42:00.080 --> 01:42:04.080]  It was reopened within the time limits required.
[01:42:04.080 --> 01:42:10.080]  And that's where the first set of attorneys reopened the case after they first tried to
[01:42:10.080 --> 01:42:12.080]  non-suit it.
[01:42:12.080 --> 01:42:16.080]  I did file a motion to oppose that.
[01:42:16.080 --> 01:42:21.080]  And if they, because it couldn't be non-suited at that point since there had already been
[01:42:21.080 --> 01:42:27.080]  a dispositive order, dispositive motion, I guess is the right term.
[01:42:27.080 --> 01:42:30.080]  No, no, no.
[01:42:30.080 --> 01:42:38.080]  Unless there's something different in Arkansas law, a non-suit can be filed at any time even
[01:42:38.080 --> 01:42:42.080]  if there's a counter suit, but they must pay the damages on the counter suit.
[01:42:42.080 --> 01:42:44.080]  No, wait a minute, Kim.
[01:42:44.080 --> 01:42:49.080]  What he's saying is the judge has already dismissed it.
[01:42:49.080 --> 01:42:50.080]  Right.
[01:42:50.080 --> 01:42:52.080]  And then they're trying to get it re-
[01:42:52.080 --> 01:42:57.080]  They're trying to non-suit its dismissed case.
[01:42:57.080 --> 01:42:58.080]  That's right.
[01:42:58.080 --> 01:43:00.080]  They can't non-suit a dismissed case.
[01:43:00.080 --> 01:43:01.080]  Yeah.
[01:43:01.080 --> 01:43:09.080]  The rules there, which I read and I put in my police's report, are that if it was to
[01:43:09.080 --> 01:43:14.080]  be non-suited after it had already been dismissed, then it would have to be done with prejudice.
[01:43:14.080 --> 01:43:17.080]  And I said, I'm fine with that if you want to do that.
[01:43:17.080 --> 01:43:24.080]  But ultimately the judge, I guess, remanded that and that was the end of it.
[01:43:24.080 --> 01:43:26.080]  They made a motion to reopen it.
[01:43:26.080 --> 01:43:32.080]  And the first set of attorneys in their motion perjured themselves.
[01:43:32.080 --> 01:43:34.080]  I didn't attack it in time.
[01:43:34.080 --> 01:43:38.080]  And so now I want to bring that up if I can.
[01:43:38.080 --> 01:43:42.080]  If I can have all that stricken, maybe that's the end of the case.
[01:43:42.080 --> 01:43:44.080]  I don't know.
[01:43:44.080 --> 01:43:49.080]  Yeah, if a motion's got perjured in it, you should be able to do it stricken.
[01:43:49.080 --> 01:43:50.080]  Hang on.
[01:43:50.080 --> 01:43:51.080]  Randy Kelton.
[01:43:51.080 --> 01:43:52.080]  Kid Magnuson.
[01:43:52.080 --> 01:43:53.080]  Rule of Law Radio.
[01:43:53.080 --> 01:43:55.080]  I'm not going to give out the call-in number.
[01:43:55.080 --> 01:43:57.080]  We'll go into our last segment.
[01:43:57.080 --> 01:44:00.080]  We'll be right back.
[01:44:00.080 --> 01:44:04.080]  Do you feel tired when talking about important topics like money and politics?
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[01:46:18.080 --> 01:46:34.080]  Okay, we are back. I forgot who we were when we went out.
[01:46:34.080 --> 01:46:37.080]  I'm trying to make a note of all the things I need to do
[01:46:37.080 --> 01:46:40.080]  based on your suggestion or look into.
[01:46:40.080 --> 01:46:43.080]  So far, I've got it in this order.
[01:46:43.080 --> 01:46:48.080]  My case was dismissed in June.
[01:46:48.080 --> 01:46:50.080]  There was an attempt to non-suit.
[01:46:50.080 --> 01:46:54.080]  That was struck down because I filed something against it.
[01:46:54.080 --> 01:46:56.080]  I don't remember what I called it.
[01:46:56.080 --> 01:47:01.080]  And then they had this motion to reopen where they made a statement,
[01:47:01.080 --> 01:47:03.080]  which I can prove is untrue.
[01:47:03.080 --> 01:47:06.080]  It's in direct conflict with their original complaint.
[01:47:06.080 --> 01:47:10.080]  So I need to make a motion to strike their motion to reopen
[01:47:10.080 --> 01:47:15.080]  because it contained a false statement.
[01:47:15.080 --> 01:47:20.080]  I need to, in the hearings coming up on my present motion,
[01:47:20.080 --> 01:47:24.080]  which could also end this craziness,
[01:47:24.080 --> 01:47:28.080]  I need to make an objection to their accounting, if you will,
[01:47:28.080 --> 01:47:31.080]  by making an affidavit.
[01:47:31.080 --> 01:47:37.080]  Would you guys suggest that before that event I should make an RFP
[01:47:37.080 --> 01:47:42.080]  for production of something that validates this payment?
[01:47:42.080 --> 01:47:45.080]  Or should I wait?
[01:47:45.080 --> 01:47:49.080]  I need to do it ahead of the motion, for the motion.
[01:47:49.080 --> 01:47:51.080]  I don't think you need to do it.
[01:47:51.080 --> 01:47:55.080]  You can presume that it doesn't exist.
[01:47:55.080 --> 01:47:58.080]  Your Honor, I object to this.
[01:47:58.080 --> 01:48:00.080]  This is not sworn.
[01:48:00.080 --> 01:48:01.080]  There's no affidavit.
[01:48:01.080 --> 01:48:03.080]  There's nothing notarized.
[01:48:03.080 --> 01:48:06.080]  This is just paper.
[01:48:06.080 --> 01:48:12.080]  Well, all you need to do is say these are the actual facts,
[01:48:12.080 --> 01:48:18.080]  and here's my proof of the facts by verified affidavit.
[01:48:18.080 --> 01:48:26.080]  Now the onus is on the other side to come with actual hard evidence,
[01:48:26.080 --> 01:48:32.080]  admissible evidence to overcome your denial of their assertions
[01:48:32.080 --> 01:48:36.080]  because all they brought are assertions.
[01:48:36.080 --> 01:48:38.080]  They haven't brought any facts.
[01:48:38.080 --> 01:48:40.080]  Am I correct there, Ken?
[01:48:40.080 --> 01:48:42.080]  Yes.
[01:48:42.080 --> 01:48:48.080]  What I would consider in the affidavit is the actual date you made a last payment
[01:48:48.080 --> 01:48:57.080]  and the method by which you make that payment, indicating the date.
[01:48:57.080 --> 01:48:59.080]  Why?
[01:48:59.080 --> 01:49:05.080]  In this case, I'd already filed an affidavit, and I said,
[01:49:05.080 --> 01:49:09.080]  and if I believe it's true, and I did at the time,
[01:49:09.080 --> 01:49:12.080]  I subsequently realized it was probably a little earlier,
[01:49:12.080 --> 01:49:17.080]  but I said in my affidavit that the last payment that I made to the lender,
[01:49:17.080 --> 01:49:21.080]  to the original lender, was in 2007.
[01:49:21.080 --> 01:49:24.080]  I have an attorney friend who doesn't have the chops you guys have
[01:49:24.080 --> 01:49:28.080]  with respect to this at all, and he didn't even believe this was possible necessarily.
[01:49:28.080 --> 01:49:33.080]  He's helped me out a little bit, and he's not interested
[01:49:33.080 --> 01:49:36.080]  in really doing the research that I'm doing, so here we are.
[01:49:36.080 --> 01:49:42.080]  But as far as it goes, I made that affidavit.
[01:49:42.080 --> 01:49:45.080]  I'm not sure if I'm...
[01:49:45.080 --> 01:49:47.080]  Oh, wait a minute. You're right.
[01:49:47.080 --> 01:49:52.080]  You already have the evidence before the court.
[01:49:52.080 --> 01:49:58.080]  Yeah, I said, in the course of the plaintiff's pleadings,
[01:49:58.080 --> 01:50:00.080]  the last payment that I made to the original lender,
[01:50:00.080 --> 01:50:04.080]  in this case, which would have been Fremont, would have been in about 2007.
[01:50:04.080 --> 01:50:11.080]  I tried to make payments with Chase as part of workouts on three separate occasions.
[01:50:11.080 --> 01:50:16.080]  They sent back the last payment I made in 2009, and I submitted it.
[01:50:16.080 --> 01:50:19.080]  Okay. All right. I'm going to stop you for a second.
[01:50:19.080 --> 01:50:22.080]  You sent these in as what? Checks or money orders?
[01:50:22.080 --> 01:50:25.080]  Western Union money transfer.
[01:50:25.080 --> 01:50:32.080]  Okay. And so, essentially, you've got the receipt for these, and that they came back.
[01:50:32.080 --> 01:50:36.080]  The attempt to make the payment doesn't count.
[01:50:36.080 --> 01:50:43.080]  But if you've already got the affidavit in saying the last payment that was accepted on this account
[01:50:43.080 --> 01:50:51.080]  was on this date to the original lender at this address, that was the last payment accepted.
[01:50:51.080 --> 01:50:56.080]  If they don't accept the payment, it's not your fault that the statute of limitations
[01:50:56.080 --> 01:51:00.080]  told for their cause of action. It's their fault.
[01:51:00.080 --> 01:51:02.080]  Yeah. Exactly.
[01:51:02.080 --> 01:51:05.080]  The idiots should have accepted the payment.
[01:51:05.080 --> 01:51:10.080]  But I wouldn't even discuss the payments that they turned out.
[01:51:10.080 --> 01:51:15.080]  That's it out of any issue, unless you find case law that says differently.
[01:51:15.080 --> 01:51:21.080]  Yeah. No, there's a statute that actually would blow that up.
[01:51:21.080 --> 01:51:25.080]  It's still unclear, and this is potentially precarious.
[01:51:25.080 --> 01:51:29.080]  I'd rest easier if I knew how to answer this question.
[01:51:29.080 --> 01:51:37.080]  On the assignment, I have a letter in 2006 where Fremont is saying
[01:51:37.080 --> 01:51:40.080]  that Chase is now going to start to accept the payment.
[01:51:40.080 --> 01:51:44.080]  It said, your loan has been sold, slash assigned, slash this.
[01:51:44.080 --> 01:51:49.080]  We talked about the craziness of this a little bit earlier in the show tonight.
[01:51:49.080 --> 01:51:54.080]  I have a corporate assignment of mortgage, which is very ambiguous, too.
[01:51:54.080 --> 01:51:59.080]  It says, assigner mortgage electronic registration systems as nominee
[01:51:59.080 --> 01:52:03.080]  for Fremont investment loans, its successors, and assign.
[01:52:03.080 --> 01:52:06.080]  Maybe Chase is a successor. I don't know.
[01:52:06.080 --> 01:52:12.080]  But I don't believe Fremont investment loan was in business in 2013,
[01:52:12.080 --> 01:52:18.080]  and that's what this is saying here, more or less, that the assignment,
[01:52:18.080 --> 01:52:22.080]  according to the document filed with the Circuit Court,
[01:52:22.080 --> 01:52:28.080]  it's saying Fremont via MERS to U.S. banks. That can't be valid.
[01:52:28.080 --> 01:52:34.080]  You need to find the state that Fremont was incorporated in,
[01:52:34.080 --> 01:52:40.080]  contact the Secretary of State, and find out, if you can,
[01:52:40.080 --> 01:52:42.080]  find out when they went out of business.
[01:52:42.080 --> 01:52:46.080]  Generally, you just go on the Internet and find it.
[01:52:46.080 --> 01:52:50.080]  You need to find some evidence of when they went out of business.
[01:52:50.080 --> 01:52:54.080]  They went out of business in 2008. I've already found that.
[01:52:54.080 --> 01:52:59.080]  Okay. And you have an affidavit before the court stating that
[01:52:59.080 --> 01:53:05.080]  your last payment was in 07 or 09. Okay.
[01:53:05.080 --> 01:53:10.080]  Did the other side dispute that affidavit?
[01:53:10.080 --> 01:53:14.080]  No. They didn't respond at all.
[01:53:14.080 --> 01:53:18.080]  Oh, that's when they never responded to the case at all.
[01:53:18.080 --> 01:53:25.080]  Okay. So they reopened the case. When they reopened, did they file a response?
[01:53:25.080 --> 01:53:30.080]  When they reopened, they didn't file a response to anything.
[01:53:30.080 --> 01:53:37.080]  They simply noted that they were trying to completely change their original pleading.
[01:53:37.080 --> 01:53:42.080]  Okay. Wait a minute. You're going off topic.
[01:53:42.080 --> 01:53:48.080]  You have statements of fact by affidavit before the court.
[01:53:48.080 --> 01:53:54.080]  Did they timely challenge the statement of fact?
[01:53:54.080 --> 01:53:56.080]  No.
[01:53:56.080 --> 01:54:00.080]  Then it stands as fact.
[01:54:00.080 --> 01:54:08.080]  Once they reopened, did they not file an answer once they reopened?
[01:54:08.080 --> 01:54:13.080]  They didn't file any answer to the affidavit where I'm making this statement.
[01:54:13.080 --> 01:54:19.080]  No. Did they file an answer to your petition?
[01:54:19.080 --> 01:54:23.080]  Petition meaning, in this case, my motion?
[01:54:23.080 --> 01:54:27.080]  Your original suit was your original petition.
[01:54:27.080 --> 01:54:28.080]  Okay.
[01:54:28.080 --> 01:54:33.080]  Did they file an answer to that petition?
[01:54:33.080 --> 01:54:38.080]  They didn't file anything that's called an answer necessarily.
[01:54:38.080 --> 01:54:39.080]  Did they file something?
[01:54:39.080 --> 01:54:43.080]  They filed anything.
[01:54:43.080 --> 01:54:48.080]  Did they file anything that disputed your claims?
[01:54:48.080 --> 01:54:54.080]  They didn't file anything that disputed my affidavit stating the last payment made to the original.
[01:54:54.080 --> 01:54:56.080]  That was not what I asked.
[01:54:56.080 --> 01:54:59.080]  Okay.
[01:54:59.080 --> 01:55:03.080]  Let me clarify this. I want to make sure we're all on the same page.
[01:55:03.080 --> 01:55:09.080]  Randy, are you trying to go to whether or not they actually answered the suit for a default?
[01:55:09.080 --> 01:55:11.080]  That's exactly where I'm going.
[01:55:11.080 --> 01:55:18.080]  Right. Okay. So the issue is that default requires that they see any answer.
[01:55:18.080 --> 01:55:23.080]  Anything that they filed would be considered an answer.
[01:55:23.080 --> 01:55:28.080]  Even if it wasn't labeled an answer, it's considered an answer.
[01:55:28.080 --> 01:55:33.080]  You can't get a default unless they don't answer at all.
[01:55:33.080 --> 01:55:37.080]  That's not exactly where I was going to default.
[01:55:37.080 --> 01:55:38.080]  Okay.
[01:55:38.080 --> 01:55:43.080]  If you have claims before the court that they did not dispute.
[01:55:43.080 --> 01:55:44.080]  Right.
[01:55:44.080 --> 01:55:49.080]  Then those claims stand as fact.
[01:55:49.080 --> 01:55:50.080]  Right.
[01:55:50.080 --> 01:55:54.080]  And don't let them lead you down the rabbit hole.
[01:55:54.080 --> 01:56:00.080]  Start at the beginning. You have these claims. You have affidavits. They're undisputed.
[01:56:00.080 --> 01:56:16.080]  If the court looked at these undisputed facts and based on these facts, he could find no other ruling than what you've asked for, then he has a duty to do that.
[01:56:16.080 --> 01:56:24.080]  Once they run out of their time to challenge a fact, it stands and it can't be disputed any longer.
[01:56:24.080 --> 01:56:28.080]  Can you explain that a little more clearly than me, Ken?
[01:56:28.080 --> 01:56:39.080]  Well, the issue though is that that kind of aspect, the undisputed facts only stand according to state law within that state.
[01:56:39.080 --> 01:56:47.080]  We have case law in Texas that says an uncontested affidavit must be considered by the appellate court is true.
[01:56:47.080 --> 01:56:48.080]  Okay.
[01:56:48.080 --> 01:56:53.080]  But while you're still in the trial court, it doesn't necessarily have to be considered true.
[01:56:53.080 --> 01:57:02.080]  But it makes a good argument if they haven't contested it, that they essentially have missed the time to file this.
[01:57:02.080 --> 01:57:13.080]  What you have by saying the last date you did make a payment was 2007?
[01:57:13.080 --> 01:57:14.080]  2007.
[01:57:14.080 --> 01:57:15.080]  Yeah.
[01:57:15.080 --> 01:57:16.080]  Okay.
[01:57:16.080 --> 01:57:20.080]  That's what's called an affirmative pleading.
[01:57:20.080 --> 01:57:26.080]  An affirmative pleading is one in which it says these are the facts, they're undisputed,
[01:57:26.080 --> 01:57:33.080]  and based on these affirmative pleadings, they have no standing because the statute of limitations has bolded.
[01:57:33.080 --> 01:57:35.080]  And that's it.
[01:57:35.080 --> 01:57:39.080]  Stick a fork in them, they're done.
[01:57:39.080 --> 01:57:40.080]  Got it.
[01:57:40.080 --> 01:57:44.080]  They're simply now arguing that there were payments made.
[01:57:44.080 --> 01:57:47.080]  I can't dispute those payments, but I can say-
[01:57:47.080 --> 01:57:48.080]  You don't have to.
[01:57:48.080 --> 01:57:56.080]  But they said the payments were made, but they haven't disputed the affidavit.
[01:57:56.080 --> 01:57:58.080]  Got it.
[01:57:58.080 --> 01:58:04.080]  They had to dispute the affidavit by saying, here's the payment, here's copies of the checks from him,
[01:58:04.080 --> 01:58:11.080]  here's where it was sent from so-and-so to so-and-so, and they have to submit it as an affidavit to contest your affidavit.
[01:58:11.080 --> 01:58:12.080]  Got it.
[01:58:12.080 --> 01:58:21.080]  Then once you have two affidavits that differ, then there has to be testimony in open court, testimony in open court with authenticating documents.
[01:58:21.080 --> 01:58:22.080]  Okay, hold on.
[01:58:22.080 --> 01:58:26.080]  We are out of time.
[01:58:26.080 --> 01:58:30.080]  This is Randy Kelton, Ken Magnuson, Wheel of Law Radio.
[01:58:30.080 --> 01:58:37.080]  We thank you all for listening, and thank you for being patient with our minor little hiccups in the beginning.
[01:58:37.080 --> 01:58:40.080]  We think we've got all that straightened out for the future.
[01:58:40.080 --> 01:58:44.080]  We will be back next week, same time, same station.
[01:58:44.080 --> 01:59:11.080]  Thank you for listening and good night.
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