[00:00.000 --> 00:05.800] The following use flash is brought to you by the Lone Star Lowdown. Providing your [00:05.800 --> 00:12.480] deli bulletins for the commodities market. Today in history, news updates and [00:12.480 --> 00:22.520] the inside scoop into the tides of the alternative. Markets for the 23rd of July [00:22.520 --> 00:29.920] 2015 opened up with the gold at $1,090.44 an ounce, silver $14.68 an ounce, [00:29.920 --> 00:37.080] Texas crude $49.19 a barrel and Bitcoin is currently sitting at about 277 US [00:37.080 --> 00:49.360] currency. Today in history, Tuesday July 23rd 1929, Mussolini's fascist regime in [00:49.360 --> 00:53.160] Italy wanted to promote unity and a strong national identity so they [00:53.160 --> 00:57.040] required the use of Italian equivalents for popular French and English phrases [00:57.040 --> 01:01.120] and words at the time. If one didn't exist, they made the foreign words as [01:01.120 --> 01:09.120] Italian as possible. In recent news, quite an eventful week with the [01:09.120 --> 01:13.440] controversial US-Iran nuclear treaty being agreed upon and signed, Benjamin [01:13.440 --> 01:16.840] Netanyahu, Prime Minister of Israel, said that he believes it to be a stunning [01:16.840 --> 01:21.360] historical mistake while several retired Israeli intelligence coordinators [01:21.360 --> 01:26.000] stated it to be the best option thus far. The UN Security Council authorized it [01:26.000 --> 01:30.160] and North Korea recently stated that it has no intention of having any sort of [01:30.160 --> 01:33.560] treaty with the United States. The US and Israel admittedly currently have [01:33.560 --> 01:37.920] thousands of nuclear weapons in their arsenals while Iran has admittedly zero. [01:37.920 --> 01:48.360] A shooting took place last week on Thursday the 16th where multiple marine [01:48.360 --> 01:52.200] recruiting stations were targeted in Chattanooga, Tennessee. Unfortunately four [01:52.200 --> 01:56.560] Marines were killed and three including a cop and recruiter were injured. Governor [01:56.560 --> 02:00.520] Greg Abbott has since ordered the National Guard to carry on Texas [02:00.520 --> 02:04.840] military bases and Obama after much criticism ordered flags to be flown at [02:04.840 --> 02:09.120] half-mask. Gun-toting Americans have been standing watch over several stations [02:09.120 --> 02:13.000] since then. Unfortunately one accidentally shot off a round. Luckily no [02:13.000 --> 02:17.480] one was hurt. This has sparked debate whether army recruiting stations and [02:17.480 --> 02:26.800] recruiters should be armed. Yet another undercover video released by the Center [02:26.800 --> 02:30.600] of Medical Progress Project shows Dr. Mary Gatter former president of the [02:30.600 --> 02:35.200] Planned Parenthood Medical Directors Council until 2014 discussing ways they [02:35.200 --> 02:39.560] could get whole specimens and haggling over the price of fetus tissue casually [02:39.560 --> 02:43.040] over a couple drinks. Mary Gatter even mentioned she wanted a [02:43.040 --> 02:47.840] laborghini. The Center for Medical Progress Project plans to release even [02:47.840 --> 02:51.200] more videos in the next couple weeks. [02:51.200 --> 03:16.000] This has been your Lowdown for July 23rd, 2015. [03:16.000 --> 03:32.960] Okay we are back. Randy Kelton with our radio here with Jim Magnuson and I'm gonna take Mark. Mark's been [03:32.960 --> 03:37.840] holding quite a long time and then we'll go back to the family law issue. We have a [03:37.840 --> 03:42.000] little more we want to talk about on that. Hello Mark what do you have for us [03:42.000 --> 03:54.720] today? Wait a minute hold on are you on a speaker phone? I was. Okay that's much [03:54.720 --> 03:59.840] better. It sounded like you had your head in the toilet so I went for speaker [03:59.840 --> 04:05.120] phones too. Sometimes I certainly feel that way with respect to my legal [04:05.120 --> 04:13.720] situations. No I'm off the speaker now. I'll tell you I just wanted to find out [04:13.720 --> 04:17.120] what you think of my strategic situation. Listening to what this gentleman is [04:17.120 --> 04:23.320] saying actually I find it's very reflective of my own situation as I find [04:23.320 --> 04:28.800] myself in a civil situation. I make decent money I'm able to pay my bills [04:28.800 --> 04:34.120] I'm able to pay for my home but I bought a home for family members to save it [04:34.120 --> 04:39.200] many years ago and we planned to sell it it didn't work out and I tried to do [04:39.200 --> 04:44.440] three workouts and went through a little bit of difficulty. You may be familiar [04:44.440 --> 04:48.080] with my case remember but more or less they filed a suit past statute of [04:48.080 --> 04:53.240] limitations and then I later discovered that I had a fraudulent assignment and [04:53.240 --> 04:58.680] other things involved. I went and I argued all that in front of the judge very well [04:58.680 --> 05:03.000] I'm sure but the judge didn't hear a thing I said and as you and many others [05:03.000 --> 05:07.080] have said at the level of the circuit court you're just preparing the record [05:07.080 --> 05:11.120] for appeal. Well when it came down I remember what he was just saying about [05:11.120 --> 05:15.960] the court reporters costs and all that. In order to appeal I would have probably [05:15.960 --> 05:20.120] had to have paid about 2,000 bucks in court reporter costs just to get the [05:20.120 --> 05:26.440] record and I didn't actually need it so it's kind of an interesting thing. I [05:26.440 --> 05:31.080] actually elected not to appeal that order and it was because I spoke to [05:31.080 --> 05:36.560] someone who had fought foreclosures for about 30 years here in Austin and [05:36.560 --> 05:42.760] anyway I do have a point I'll get to it but what he had said to me was if it was [05:42.760 --> 05:47.360] filed past statute of limitations you filed a plea to the jurisdiction I was [05:47.360 --> 05:52.920] advised to do that by you thank you very much and they don't have subject matter [05:52.920 --> 05:56.840] jurisdiction over the case because on the face value of the complaint it's it [05:56.840 --> 06:02.160] would be barred because it's past statute of limitations you need a writ of mandamus [06:02.160 --> 06:09.040] or mandamus so I wanted to ask you what your thoughts are on that I believe that [06:09.040 --> 06:14.080] to some degree what I read is that a writ of mandamus would not be issued in [06:14.080 --> 06:18.360] an instance where some dispute would be more appropriate before the appeals [06:18.360 --> 06:23.200] court and so I wanted to ask you if you have any ideas or thoughts on that [06:23.200 --> 06:28.640] relative to the fact that the case itself is on its face value barred [06:28.640 --> 06:32.800] because it's filed past statute of limitations but yet within the contents [06:32.800 --> 06:36.920] of the case there was some mention of payments that I had made as part of a [06:36.920 --> 06:41.800] workout these incidentally would not told statute of limitations in the [06:41.800 --> 06:47.040] state of Arkansas where the property is simply because there's real estate code [06:47.040 --> 06:51.880] that says a real estate statute that says that any payments made to a third [06:51.880 --> 06:55.880] party don't serve to toll the statute of limitations with respect to the rights [06:55.880 --> 06:59.920] of third parties in this case the debt buyer that bought it and then filed the [06:59.920 --> 07:04.520] suit under the fraudulent name of the plaintiff if you will and the trustee [07:04.520 --> 07:12.600] that doesn't actually do anything anyway in this situation I have another thing [07:12.600 --> 07:16.100] and this is what I wanted to ask you your thoughts on as well as the writ of [07:16.100 --> 07:25.840] mandamus but I have a situation where my case was essentially closed I won with [07:25.840 --> 07:31.880] an order of the judge closing the case without prejudice but it was an [07:31.880 --> 07:38.120] unopposed order because no one actually even responded to the to the motion that [07:38.120 --> 07:41.800] I had made to close the case because it was filed past statute of limitations but [07:41.800 --> 07:46.320] then within the 60-day timeline they made a motion to reopen in a motion to [07:46.320 --> 07:50.800] reopen they perjured themselves saying the first date of acceleration was [07:50.800 --> 07:55.120] actually some other day other than what's on their actual complaint and then [07:55.120 --> 07:59.000] they didn't include three exhibits they said they were going to include but most [07:59.000 --> 08:03.520] interesting okay let me let me let me enter look this can I just let me [08:03.520 --> 08:07.800] interrupt it we're getting into the minutiae of the details so let's let's [08:07.800 --> 08:13.680] address the first issue which is either they have jurisdiction or they don't [08:13.680 --> 08:18.560] right and the issue of jurisdiction with regards to the statute of limitations [08:18.560 --> 08:23.280] is if you've got code that says the statute of limitations has told the [08:23.280 --> 08:33.400] proper relief is mandamus okay good I love it I was thinking I was thinking if [08:33.400 --> 08:37.480] this is something that they would say had to have been put before the Appeals [08:37.480 --> 08:42.120] Court I'm screwed but then I was not consoled in the sense that it was [08:42.120 --> 08:46.440] reopened in violation of a rule that says they have to have a prima facie [08:46.440 --> 08:49.720] valid cause of action and they don't have that if they followed past [08:49.720 --> 08:53.320] statute of limitations do they right well you've got you've got a couple [08:53.320 --> 08:57.480] issues here and the problem is is that the details of which we're not going to [08:57.480 --> 09:01.520] be able to evaluate on the air under these circumstances we'd have to look [09:01.520 --> 09:07.200] at the detailed paperwork but the the primary issue here is if the court can't [09:07.200 --> 09:11.640] get past the statute of limitation and you can make that argument that as a [09:11.640 --> 09:19.640] matter of law they had no the court has no jurisdiction at all that makes this [09:19.640 --> 09:24.840] a void order and it could be a fat boy to order to be on jurisdictional issue [09:24.840 --> 09:30.600] could be attacked at any place at any time and the tolling of time being after [09:30.600 --> 09:36.600] they made some ruling against you that doesn't cure a defect in jurisdiction [09:36.600 --> 09:40.200] you know it's like it's like being pregnant you're either pregnant or [09:40.200 --> 09:42.800] you're not pregnant if you're not pregnant you're not going to give birth [09:42.800 --> 09:48.160] just because we allow time to go by doesn't mean you'll suddenly give birth [09:48.160 --> 09:52.720] so the issue is the time doesn't cure the fact that the court never had [09:52.720 --> 09:59.920] jurisdiction well in my instance that would have been probably the main [09:59.920 --> 10:05.080] the main argument I would have had if I had if I had actually gone ahead to file [10:05.080 --> 10:09.280] the appeal and I weighed all that out and thought you don't have to do an [10:09.280 --> 10:15.520] appeal on that right exactly so the beauty the beauty of my situation if [10:15.520 --> 10:20.840] there is such is only that you know rid of mandamus cost me 165 bucks to file [10:20.840 --> 10:25.560] I'm going to look and see if I might actually file an affidavit of indigency [10:25.560 --> 10:29.080] and if they buy that and they're into that and I don't make too much money why [10:29.080 --> 10:36.160] not but so so there's that I thought also if and then I love what you're [10:36.160 --> 10:39.400] saying I hope that's universal and I hope it's true in that state as well as [10:39.400 --> 10:44.760] Texas the the Texas advice I've gotten was great finding someone in Arkansas [10:44.760 --> 10:47.680] that knows anything at all about fighting foreclosures where they [10:47.680 --> 10:51.520] primarily just sold houses at the courthouse steps for many many years [10:51.520 --> 10:58.000] virtually impossible and in fact I had to explain to some guy earlier today as [10:58.000 --> 11:02.000] I'm trying to find somebody who might be able to help me in some way but I had to [11:02.000 --> 11:06.440] explain to him that the Southwest homes be MERS case actually says MERS acts as [11:06.440 --> 11:09.800] an agent and they can't make assignments on their own and the guy [11:09.800 --> 11:14.920] didn't even know that but it's a it's a big deal anyway I'm sorry I'm just going [11:14.920 --> 11:19.080] off but you've kind of confirmed that doing the rid of mandamus makes all the [11:19.080 --> 11:24.640] sense in the world and I probably need to do it and I will do it myself if I [11:24.640 --> 11:30.520] can't find anybody who knows how and that's not all that easy the other idea [11:30.520 --> 11:35.920] that I had I want to ask you guys about this strategically in my case I've missed [11:35.920 --> 11:41.320] my opportunity to appeal this order that was just made and signed on June 22nd [11:41.320 --> 11:48.520] but I have not missed my opportunity to make a motion to reopen the case for for [11:48.520 --> 11:55.280] what's the term injustice of some sort I don't know there's something [11:55.280 --> 12:01.000] exactly motion motion for new trial that I would have had to have done I think [12:01.000 --> 12:06.640] within ten days but I and I did depends on the court and the jurisdiction the [12:06.640 --> 12:11.440] issue is if there's some way to open up the case and give the key to it is once [12:11.440 --> 12:17.080] the decision is made and it's final and appealable the court usually has what [12:17.080 --> 12:21.440] they call plenary power they have a certain period of time in which they can [12:21.440 --> 12:28.160] vacate modify or grant a new trial right and you have to know through the rules [12:28.160 --> 12:34.160] of the statute how long that period is mark I think where you're going was [12:34.160 --> 12:40.840] bill of particulars I don't know even what you're talking about [12:40.840 --> 12:48.360] it's kind of like you asked for findings of fact and conclusions of law on on [12:48.360 --> 12:54.160] what facts and law did you make this decision oh that I didn't even know let [12:54.160 --> 12:58.240] me tell you gents I'm not the first time this is the first time I've ever done [12:58.240 --> 13:03.480] this you guys may be familiar the order that with with all of the findings of [13:03.480 --> 13:09.480] fact and law was actually written by the plaintiff's attorney and it always did [13:09.480 --> 13:14.600] had an up yeah okay that's common well I didn't know that it blew my mind I [13:14.600 --> 13:19.080] thought this is a judge he's not even doing his job and as far as the [13:19.080 --> 13:25.000] situation was concerned the judge sent this something by email gave me a week [13:25.000 --> 13:31.080] to put in my objections which I did I brought up that some of the the facts [13:31.080 --> 13:36.520] are are actually perjury and I had put that in my motion before etc [13:36.520 --> 13:41.480] plaintiff's a plaintiff's attorney just said everything here is correct and my [13:41.480 --> 13:44.960] client moves that we do this in the interest of justice immediately so you [13:44.960 --> 13:50.440] guys signed it on that day and now it's in but anyway what I wanted to ask you [13:50.440 --> 13:54.880] guys relative to the writ of mandamus which looks like my next next act I [13:54.880 --> 13:58.320] don't think I have any time limitation on it from what I've heard from the [13:58.320 --> 14:05.720] Arkansas Supreme Court clerk's office and interestingly I'm thinking here I've [14:05.720 --> 14:10.160] got 60 days to make a motion to reopen I'm wondering should I do the writ of [14:10.160 --> 14:15.720] mandamus now and get that in play or should I make the motion to reopen the [14:15.720 --> 14:21.760] case and if the judge refuses to do so is that well I don't know that affects [14:21.760 --> 14:25.680] my writ of mandamus one way or another but it gives me 30 days to make an [14:25.680 --> 14:31.480] appeal there and relative to the motion to reopen the case only that I don't [14:31.480 --> 14:34.440] have to spend money on the transcripts or any of that stuff but I don't really [14:34.440 --> 14:41.360] even need but does that make sense? I would suggest mandamus first because [14:41.360 --> 14:48.200] that will be dispositive. I understand that but the key here is fight the apple [14:48.200 --> 14:52.800] the issue is if he goes back to the court and writes basically what is writ [14:52.800 --> 14:57.280] of mandamus is going to be and files a motion to reopen and then makes the [14:57.280 --> 15:02.120] arguments on the motion to reopen that essentially the order he assigned is [15:02.120 --> 15:07.000] void as a matter of law because he has no jurisdiction the judge may decide if [15:07.000 --> 15:10.720] you give them all a case law that supports that decision you have to give [15:10.720 --> 15:14.400] them case law because that's what you're going to need in the mandamus you just [15:14.400 --> 15:18.040] can't make the argument here's the statute here's what they did you have to [15:18.040 --> 15:22.560] show case law that says here's the same situation that happened before and here's [15:22.560 --> 15:26.480] what the court did it said that indeed they didn't have jurisdiction so if you [15:26.480 --> 15:30.920] put all of the case law in there and make the motion to reopen and then it's [15:30.920 --> 15:36.600] laterally attack the order is being void and ask the judge to grant relief by [15:36.600 --> 15:43.880] them not by dismissing the case with prejudice then if they don't you get the [15:43.880 --> 15:50.720] you get to do the mandamus anyway got it okay so you're saying I need to put all [15:50.720 --> 15:56.400] everything I've got all of my arguments clarify everything put in more case law [15:56.400 --> 16:03.120] if I can and and and put it there all in this motion to reopen and go I broke [16:03.120 --> 16:14.000] and then if I didn't do it yeah okay did you read the case law the lawyers on [16:14.000 --> 16:23.000] the other side cited yes and you know what it's all a bunch of weak stuff to [16:23.000 --> 16:25.640] some degree a lot of it's probably what they get whatever they got out of pro [16:25.640 --> 16:30.880] docs or or whatever but they didn't they didn't really do enough to earn the [16:30.880 --> 16:34.480] ten thousand dollars in legal fees that they were awarded that's not the point [16:34.480 --> 16:40.000] that's the point is is whether or not they hold on hold on that didn't fly [16:40.000 --> 16:45.240] sure okay this is Randy Kelton rule of law radio I call it number five one two [16:45.240 --> 16:51.400] six four six 1984 Mary Philip Jeff Jeff I'll bring you up when we come back [16:51.400 --> 17:03.400] we'll be right back through advances in technology our lives have greatly [17:03.400 --> 17:08.200] improved except in the area of nutrition people feed their pets better than they [17:08.200 --> 17:13.040] feed themselves and it's time we changed all that our primary defense against [17:13.040 --> 17:18.120] aging and disease in this toxic environment is good nutrition in a world [17:18.120 --> 17:21.840] where natural foods have been irradiated adulterated and mutilated [17:21.840 --> 17:25.400] young Jeopardy can provide 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My friend, Nala Jachilze, come to me. [19:29.200 --> 19:39.920] Okay we are back Randy Kelton rule of law radio and we have Jeff Sedgwick [19:39.920 --> 19:45.040] call back in I'm sure he has a comment so I'm gonna go ahead and bring him live [19:45.040 --> 19:50.360] if he's not talking to my producer I just told my producer to bring him up on the [19:50.360 --> 19:56.000] guest bridge and so I may be interrupting him you there Jeff? Yes I am [19:56.000 --> 20:01.080] yeah tell him I was gonna have the call back in on the guest bridge I didn't see [20:01.080 --> 20:09.760] you up there my bad. I was too busy licking my wounds after Ken found me wrong again [20:09.760 --> 20:16.040] he was absolutely right about divided the apple thing but I take it you had a [20:16.040 --> 20:22.360] comment on this issue yeah is this is this instrument he's talking about is [20:22.360 --> 20:27.080] this a mortgage or a deed of trust? Yes it's in Arkansas it's a deed of trust [20:27.080 --> 20:35.880] it's a deed of trust. Okay here's the thing a lot of people don't know and you really [20:35.880 --> 20:44.640] need to go and research it out. Is that contract under seat? No. Wait a minute you're getting some [20:44.640 --> 20:50.400] background noise. Yeah I think I think there was someone from Massachusetts on [20:50.400 --> 20:54.520] the show a few months back he was asking for signature under seal if that's [20:54.520 --> 20:59.280] what we're talking about no it's not. Well it's actually the entire [20:59.280 --> 21:05.560] contract is under seal not just a signature because what a lot of people [21:05.560 --> 21:11.160] don't know is that there is a protracted statute of limitations for contracts [21:11.160 --> 21:20.000] under sale. Here in Maryland it's 12 years however a year ago this month they [21:20.000 --> 21:25.160] took that and changed it so that it does not apply to a deed of trust or a [21:25.160 --> 21:34.680] mortgage on an abode you were actually living in then it's only three years okay [21:34.680 --> 21:39.080] so you know I didn't know if you knew were aware of that or not and it might [21:39.080 --> 21:43.520] be something that you needed to take a look at and since you already have then [21:43.520 --> 21:48.120] I can go ahead and fold up my tent and go away. Oh well thanks I mean none the [21:48.120 --> 21:54.400] less I mean it's awesome. Okay this is Ken chiming in for a point of clarification [21:54.400 --> 21:58.640] the issue though is if the other party if he did a plea to the jurisdiction the [21:58.640 --> 22:06.320] other party would have had to plead that. They saw it and this is what I did I [22:06.320 --> 22:09.880] didn't have time to file it with the court before the hearing took place but [22:09.880 --> 22:13.760] I gave it to the judge prior to the hearing and per a little coaching that I [22:13.760 --> 22:16.960] got from Randy you guys might have missed that show but he actually said [22:16.960 --> 22:20.200] you know to say your honor I have good reason to believe that this court lacks [22:20.200 --> 22:24.040] subject matter jurisdiction and I've prepared this document for the court so [22:24.040 --> 22:28.720] I did and he looked at it and he really didn't know what the hell it was he [22:28.720 --> 22:35.840] really was kind of kind of dumbfounded by it I handed it to okay okay I'm sorry [22:35.840 --> 22:39.400] to interrupt but you know telling the story real-time is going to take [22:39.400 --> 22:44.800] enormous amounts of time but the issue here is if the other party was pleading [22:44.800 --> 22:49.760] jurisdiction they have to affirmatively plead the court has jurisdiction if [22:49.760 --> 22:53.840] you've challenged it if they didn't mention that it was under seal and that [22:53.840 --> 23:00.440] the statute applied that lengthen that jurisdiction they waived the issue. [23:00.440 --> 23:08.600] As far as things go all they did relative to my my argument that there were no [23:08.600 --> 23:12.720] payments made it was very clear in black and white no payments made which would [23:12.720 --> 23:15.880] have told the statute of limitations for the third party that's the plaintiff [23:15.880 --> 23:20.640] here they didn't even address it they just said that I had said that I had [23:20.640 --> 23:27.480] made payments and they asked to have deemed admissions accepted by the court [23:27.480 --> 23:32.360] and they then they asked the court to rule on a motion that was made before I [23:32.360 --> 23:37.000] ever made my original motion to dismiss which the judge actually signed there [23:37.000 --> 23:41.120] was never a hearing on that I don't know if it was dispositive of any motions [23:41.120 --> 23:45.360] that came prior or how that worked didn't didn't see it coming a little [23:45.360 --> 23:50.840] bit okay this can again we're not answering the question so their [23:50.840 --> 23:57.840] pleadings had to if what Jeff was talking about is a special exception to [23:57.840 --> 24:02.840] the jurisdictional limits they would have to have positively fled it so the [24:02.840 --> 24:06.960] idea is if you have a pleaded the jurisdiction and you raise that this [24:06.960 --> 24:11.200] court doesn't have jurisdiction and you cite law that says here's the rules that [24:11.200 --> 24:15.760] apply because I didn't make any payments here's the record and you do it as a [24:15.760 --> 24:19.960] verified pleading that means you sign it as an affidavit the only way they can [24:19.960 --> 24:26.120] overcome that is they have to file a controverting affidavit and plead an [24:26.120 --> 24:32.000] exception to that jurisdictional rule if they don't plead the jurisdictional [24:32.000 --> 24:39.760] rule that if the court jurisdiction they waive it they didn't they never did [24:39.760 --> 24:44.840] that the judge just decided he had jurisdiction and kept on moving [24:44.840 --> 24:55.080] what Ken is saying is the judge cannot declare he has jurisdiction that has to [24:55.080 --> 25:04.360] be proven on the record okay how do I how do I nail that is that properly [25:04.360 --> 25:09.360] done in a writ of mandamus possibly well you're talking about a writ of mandamus [25:09.360 --> 25:18.120] in place of a motion to vacate is that I don't know what's what's the best thing [25:18.120 --> 25:22.360] to do but if I haven't I haven't written up a motion to vacate if I should do [25:22.360 --> 25:30.000] that I certainly would I mean I'll look into it the motion to vacate that would [25:30.000 --> 25:34.400] is it the trial court back before the trial judge or they go before the [25:34.400 --> 25:40.600] trial judge trial judge and he's not gonna want to do it just getting them to [25:40.600 --> 25:45.480] vacate even when they know they're wrong getting them to vacate it's like trying [25:45.480 --> 25:55.600] to push a rope yes so I'm thinking mandamus is it's probably best you know [25:55.600 --> 26:02.760] to file the motion for reconsideration because market Ken and I spoke on the [26:02.760 --> 26:09.880] break about they just may give you the case it won't be the first time the [26:09.880 --> 26:15.720] plaintiff has given the defendant the case so getting them to argue the [26:15.720 --> 26:19.600] reconsideration issue that's why I ask you if you've read all their pleadings [26:19.600 --> 26:24.040] I read their case law because you want to take their case law and show the [26:24.040 --> 26:30.920] weaknesses in it a lot of times we've had lawyers use case law that the other [26:30.920 --> 26:36.440] side can then take and use against them Ben Drum is a perfect case the case [26:36.440 --> 26:42.000] said this is what we used to say but we don't say that anymore now we say this [26:42.000 --> 26:48.280] well they quoted what they used to say Ben read the case and went into court [26:48.280 --> 26:54.480] beat him up with it then we've had that happen a lot that's why we always want [26:54.480 --> 26:59.760] you to read their case law and you show where their case law is not really on [26:59.760 --> 27:03.720] point or not a clickable or a spin-over move or something [27:03.720 --> 27:12.040] okay well the issue here is whatever he's going to do in the trial court the [27:12.040 --> 27:16.160] key is this motion to reconsider a motion to reopen is apparently a [27:16.160 --> 27:20.520] specific rule in Arkansas and the question is whether that opens up the [27:20.520 --> 27:26.200] case entirely again and gives the court plenary power if I mean technically the [27:26.200 --> 27:29.880] court doesn't have any plenary power anyway so going back to the trial court and [27:29.880 --> 27:33.640] we're talking about basically a motion to vacate no matter what we're [27:33.640 --> 27:37.640] characterizing that you had no jurisdiction you exceeded your authority [27:37.640 --> 27:43.000] and essentially you had no authority to make this ruling and here's why and the [27:43.000 --> 27:47.640] the party has failed to plead the jurisdiction affirmatively showing that [27:47.640 --> 27:52.280] the court has jurisdiction it's made allegations but it has no proof of those [27:52.280 --> 27:57.040] allegations and failing to prove those allegations and there should be case law [27:57.040 --> 28:01.440] out there that talks about that that says right failing to prove the [28:01.440 --> 28:06.640] allegations is not a proof of jurisdiction only evidence of the [28:06.640 --> 28:11.320] necessity for the court to gain jurisdiction will prevent it from being [28:11.320 --> 28:19.240] dismissed without jurisdiction in the case law clearly states that when you [28:19.240 --> 28:24.880] when a pleading is filed jurisdiction is presumed once you challenge [28:24.880 --> 28:33.920] jurisdiction the court loses jurisdiction until it is proven so in [28:33.920 --> 28:40.760] this case the written pleaded the jurisdiction even though you didn't have [28:40.760 --> 28:46.680] time to file it did you subsequently file it oh yes I filed it that day I went [28:46.680 --> 28:52.920] and filed it right after the hearing did you put it in the hand of [28:52.920 --> 28:56.880] the judge I put it in the judge's hand I put it in the plaintiff's attorney's [28:56.880 --> 29:02.600] hand do we have jurisdiction and the plaintiff's attorney said well yes of [29:02.600 --> 29:05.400] course the court has jurisdiction over this that was all they did that was [29:05.400 --> 29:09.640] that's as affirmative as they got okay they didn't do it they didn't meet the [29:09.640 --> 29:16.640] requirements you made the mandamus maybe an elegant but I can't agree with Ken I [29:16.640 --> 29:22.840] would do the motion to read here first give me one more opportunity to prove [29:22.840 --> 29:30.960] up jurisdiction just don't ask them to they've already missed that point don't [29:30.960 --> 29:36.880] let that cat out of the bag okay hang on we're about to go to break [29:36.880 --> 29:41.880] Randy Kelton and move our radio our calling number five one two six four six [29:41.880 --> 29:44.720] nineteen eighty-four we'll be taking the calls all night [29:44.720 --> 29:50.680] Mary Philip see you there we'll get to you [29:50.680 --> 30:07.320] cover up that tattoo the FBI is building a database that analyzes a body art is a [30:07.320 --> 30:11.240] way of identifying people under Dr. Catherine Albrecht and I'll have details [30:11.240 --> 30:16.920] on the weird new program the feds called tattoo recognition in a moment privacy [30:16.920 --> 30:21.360] is under attack when you give up data about yourself you'll never get it back [30:21.360 --> 30:25.800] again and once your privacy is gone you'll find your freedoms will start to [30:25.800 --> 30:30.600] vanish too so protect your rights say no to surveillance and keep your [30:30.600 --> 30:35.640] information to yourself privacy it's worth hanging on to this message is [30:35.640 --> 30:39.960] brought to you by start page comm the private search engine alternative to [30:39.960 --> 30:47.720] Google Yahoo and Bing start over with start page iris patterns email records [30:47.720 --> 30:52.600] cell phone coordinates the FBI is collecting data on us all now the feds [30:52.600 --> 30:56.840] want images of tattoos as a way of knowing who we are and what we might do [30:56.840 --> 31:02.400] tattoo recognition is part of the next generational identification program that [31:02.400 --> 31:07.140] identifies Americans beyond fingerprints and mugshots tattoo symbols are [31:07.140 --> 31:12.440] collected by the FBI's biometric center of excellence a one-stop shop of [31:12.440 --> 31:17.400] biometric data from voice patterns to footprints to hand geometry needless to [31:17.400 --> 31:21.240] say this is one more step towards the establishment of a total surveillance [31:21.240 --> 31:25.080] state what's next microchips for us all I'm dr. [31:25.080 --> 31:30.640] Catherine Albrecht for start page comm the world's most private search engine [31:30.640 --> 31:35.040] did you know there are three million edible food plants on earth and none [31:35.040 --> 31:39.400] have the nutritional value of the hemp plant hemp USA dot org offers you hemp [31:39.400 --> 31:44.600] protein powder it does not contain chemicals or THC is non-gmo and is 100 [31:44.600 --> 31:49.220] percent gluten-free and protein powder burns fat builds muscle contains 53 [31:49.220 --> 31:55.240] percent protein and feeds the body the nutrients it needs call 888-910-4367 [31:55.240 --> 32:02.280] and see what our powder seeds and oil can do for you only USA dot org [32:02.280 --> 32:06.600] rule of law radio is proud to offer the rule of law traffic seminar in today's [32:06.600 --> 32:09.840] America we live in an us-against-them society if we the people are ever going [32:09.840 --> 32:12.920] to have a free society and we're going to have to stand and defend our own [32:12.920 --> 32:16.560] rights among those rights are the right to travel freely from place to place the [32:16.560 --> 32:19.640] right to act in our own private capacity and most importantly the right to do [32:19.640 --> 32:23.560] process of law traffic courts afford us the least expensive opportunity to learn [32:23.560 --> 32:27.160] how to enforce and preserve our rights through due process former sheriff's [32:27.160 --> 32:30.480] deputy a Craig in conjunction with rule of law radio has put together the most [32:30.480 --> 32:33.560] comprehensive teaching tool available that will help you understand what due [32:33.560 --> 32:36.920] process is and how to hold the courts to the rule of law you can get your own [32:36.920 --> 32:40.360] copy of this invaluable material by going to rule of law radio.com and [32:40.360 --> 32:43.400] ordering your copy today by ordering now you'll receive a copy of Eddie's [32:43.400 --> 32:47.000] book the Texas transportation code the law versus the lie video and audio of [32:47.000 --> 32:50.680] the original 2009 seminar hundreds of research documents and other useful [32:50.680 --> 32:53.440] resource material learn how to fight for your rights with the help of this [32:53.440 --> 32:57.120] material from rule of law radio.com order your copy today and together we [32:57.120 --> 33:05.840] can have free society we all want and deserve live free speech radio logos [33:05.840 --> 33:33.840] radionetwork.com [33:35.840 --> 33:50.240] okay we are back ready to help rule of law radio and talking to Mark in Texas [33:50.240 --> 33:59.280] and we had a panel discussion on the break and did we come to a decision Kim? [33:59.280 --> 34:04.520] well I think the key is that he wants to try to make sure he gets the judges [34:04.520 --> 34:09.840] attention is to go ahead and file the motion to reopen the case and then file [34:09.840 --> 34:14.120] a motion to vacate the order based on the fact that it's void and argue the [34:14.120 --> 34:18.440] jurisdictional issue there but he needs to have case law the only reason they [34:18.440 --> 34:22.120] haven't paid any attention to him so far is I don't believe he's cited case law [34:22.120 --> 34:26.080] and when I'm talking about citing case law I mean you turn around and print [34:26.080 --> 34:30.400] out the whole stinking case and then you highlight the important sections of the [34:30.400 --> 34:35.640] case and you you you show them in no uncertain terms that the case you're [34:35.640 --> 34:41.640] citing is the exact same thing as this situation and the court said they had no [34:41.640 --> 34:49.560] jurisdiction I hope I can find it I looked very hard I found things that kind [34:49.560 --> 34:52.400] of got me there I did cite some cases but I think I probably could have done a [34:52.400 --> 34:57.280] better job because I put it together quick so the the goal is to ask for a [34:57.280 --> 35:02.920] motion to reopen we a motion to vacate the order for lack of affirmative proof [35:02.920 --> 35:08.280] of subject matter jurisdiction the motion to read a motion to to reopen the [35:08.280 --> 35:17.280] case and first and then you file the motion vacating your yeah okay so [35:17.280 --> 35:21.000] forgive me I want to be sure I get that I need to make a motion to reopen the [35:21.000 --> 35:29.680] case first and yeah and the most of yeah first and then a motion to vacate so we [35:29.680 --> 35:35.800] don't make them together that's what I'm wondering what not one motion to make [35:35.800 --> 35:41.120] make two separate motions but you can file it together okay you're showing why [35:41.120 --> 35:47.240] you wanted to reopen the case yeah okay on that I would just say it was because [35:47.240 --> 35:51.000] it was disposed of with with summary judgment when there were issues of [35:51.000 --> 35:56.600] material fact that were left very open namely that's the the plaintiff hell no [35:56.600 --> 36:04.360] stop stop that's now that you challenge subject matter jurisdiction plaintiff [36:04.360 --> 36:12.240] failed to affirmatively plea jurisdiction okay once you once you [36:12.240 --> 36:17.080] challenged it that invoked a duty the other side to affirmatively plead it [36:17.080 --> 36:25.400] and they didn't okay case law yeah the case law that you found did you print [36:25.400 --> 36:30.360] out the entire case or you just finding excerpts from the case you need to [36:30.360 --> 36:35.720] print out the whole case read the whole case this is one area where pro se [36:35.720 --> 36:39.400] litigants get trouble all the time is they get an excerpt and it sounds good [36:39.400 --> 36:43.960] and they cite it and it may not be on point so you've got to print out the [36:43.960 --> 36:50.760] whole case and read the whole case and go yeah this is exactly what I need and [36:50.760 --> 36:54.520] then you use it or the section that I mean part of the case it doesn't have [36:54.520 --> 36:57.760] anything to do with your case but the section that's important about the [36:57.760 --> 37:02.800] jurisdiction if it's on point that's the section you cite but you need to know [37:02.800 --> 37:08.760] the entire case or you may not you may not recognize that there may be an [37:08.760 --> 37:13.000] exception to the rule or special circumstances that was in the case you're [37:13.000 --> 37:18.360] citing I've already shot down lots of them from reading them trust me I've [37:18.360 --> 37:23.560] read a lot okay but but yeah I know I see just what you're saying but one [37:23.560 --> 37:28.160] thing that I'm unclear of is exactly here is I know why I'd want them to [37:28.160 --> 37:32.800] vacate the order because it's avoid judgment but I need to write am I making [37:32.800 --> 37:38.360] a motion to a motion to reopen and the motion to vacate but the motion to [37:38.360 --> 37:46.080] reopen okay the month to reopen is just a a pretext to keep the jurisdiction of [37:46.080 --> 37:50.680] the court so the court feels it has the ability to vacate its order if you [37:50.680 --> 37:57.160] don't do that the plenary power the courts going to expire so you and this [37:57.160 --> 38:00.840] is without knowing Arkansas rules of procedure but that's what usually [38:00.840 --> 38:06.240] happens is the issue is there's a period of time once a summary judgment or a [38:06.240 --> 38:10.880] final order is granted in which a party can file a motion for new trial of [38:10.880 --> 38:17.480] motion and modify the final order or correct it a motion for rehearing or [38:17.480 --> 38:22.320] findings of fact conclusions of law there's this whole time structure after [38:22.320 --> 38:28.200] the judgment and during that some of these motions extend the timetable [38:28.200 --> 38:33.400] they'll also have a tendency to extend the appellate timetable meaning the time [38:33.400 --> 38:38.520] needed to perfect an appeal that can also happen when you file these kinds of [38:38.520 --> 38:43.920] motions like a motion for new trial but the issue here is that if this motion [38:43.920 --> 38:49.200] to reopen opens the door for jurisdiction to remain in the court that [38:49.200 --> 38:54.960] too will give the court plenary power and the court will then have the have the [38:54.960 --> 38:59.560] responsibility to entertain any motions before the court long the court has [38:59.560 --> 39:04.480] plenary power then you turn around and drop the motion to vacate based on the [39:04.480 --> 39:08.360] fact the court never had jurisdiction and then you make all the jurisdictional [39:08.360 --> 39:15.600] arguments affirmatively verified and that will stand and then when you find [39:15.600 --> 39:20.720] science a new order or denies your order that's a new final order that opens the [39:20.720 --> 39:28.280] door to appeal again in case this is confusing a court without jurisdiction [39:28.280 --> 39:34.960] can do certain things they can grant a continuance and they can dismiss the [39:34.960 --> 39:41.200] case but can't do much else they can do certain administrative things and they [39:41.200 --> 39:44.480] can dismiss the case and that's even though you're claiming he has no [39:44.480 --> 39:51.320] jurisdiction he does have jurisdiction to dismiss that makes sense mark yeah [39:51.320 --> 39:59.120] well I get that but in just in terms of crafting motion to reopen I'm wondering [39:59.120 --> 40:03.640] do I need I need to make a motion to reopen citing some miscarriage of [40:03.640 --> 40:10.680] justice under the rules there of civil procedure and I suppose the [40:10.680 --> 40:14.760] miscarriage of justice is definitely the fact that the court didn't have subject [40:14.760 --> 40:22.120] matter jurisdiction that the court that the plaintiff failed to affirmatively [40:22.120 --> 40:29.720] plead jurisdiction once you challenged it and the court didn't rule against the [40:29.720 --> 40:33.420] plaintiff when he failed to affirmatively plead I need to tell the [40:33.420 --> 40:38.580] judge why he should open the case give him a reason to you don't just say I [40:38.580 --> 40:48.000] want you to open it you say okay so you give him give him a good reason and he [40:48.000 --> 40:53.160] may recognize this and once you let him know that you know it and you're going [40:53.160 --> 40:57.680] to wind up pleading this with the Court of Appeals the Court of Appeals is not [40:57.680 --> 41:05.520] likely to want to overturn a couple hundred years of standing law okay so so [41:05.520 --> 41:10.520] literally to be sure I'm crystal I'm making a motion to reopen the case on [41:10.520 --> 41:16.440] the grounds that the court didn't make a ruling on the point on the pass failure [41:16.440 --> 41:23.080] to affirmatively fair to affirmatively prove jurisdiction when I challenge [41:23.080 --> 41:31.520] jurisdiction right that's simple right well no I mean that's your basic premise [41:31.520 --> 41:36.120] but you have to have all the case law to support it sure let's all the pleading [41:36.120 --> 41:44.840] you already filed okay well recognize recognize that if this rule in Arkansas [41:44.840 --> 41:50.080] civil procedures opens the door to a new order whether it be granted or denies [41:50.080 --> 41:54.880] it that changes the appellate time table again and it would be better to go to [41:54.880 --> 42:00.440] the appellate court and argue on an appeal that they had no jurisdiction as [42:00.440 --> 42:06.680] opposed to a mandamus because some courts have discretion on whether or not [42:06.680 --> 42:12.320] they want to hear a mandamus in Texas mandamus is your last resort and there's [42:12.320 --> 42:16.840] a lot of court actually with pro-state litigants they won't even entertain them [42:16.840 --> 42:23.680] sure yeah you get the same thing there I'm sure I just figured the mandamus [42:23.680 --> 42:29.080] would be a whole lot cheaper than the appeal and and I can hardly afford that [42:29.080 --> 42:37.800] well I've got a guy that I'm talking if your only argument is that they the [42:37.800 --> 42:41.200] court lacked subject matter jurisdiction you don't have to buy the whole [42:41.200 --> 42:48.640] transcript all right you buy the portion where you challenge subject matter [42:48.640 --> 42:53.240] jurisdiction the other side and said oh we have it and the court ruled that it [42:53.240 --> 43:01.400] had jurisdiction that's all you need okay am I right Ken actually actually [43:01.400 --> 43:07.880] doesn't even need that and the failure to prove jurisdiction is in the record [43:07.880 --> 43:12.720] written record for the court submission of motion and the failure for them to [43:12.720 --> 43:16.840] affirmatively plead on the record we don't care what the judge said in open [43:16.840 --> 43:23.120] court doesn't matter he in Texas when I when I tried to appeal they would not [43:23.120 --> 43:29.800] accept an appeal without the transcript that may be the case in Arkansas that's [43:29.800 --> 43:35.760] that's in the rules no no no a plea of jurisdictional issue can be done on the [43:35.760 --> 43:42.480] record without the transcript right okay wonderful okay hang on got to go to [43:42.480 --> 43:48.240] break Mary Philip hang on we'll get to you Randy Kelton wheels our radio a [43:48.240 --> 43:54.640] calling number five one two six four six 1984 right back [44:01.760 --> 44:06.680] hello my name is Stuart Smith from natures pure organics calm and I would [44:06.680 --> 44:11.360] like to invite you to come by our store at 1904 Guadalupe Street sweet D here [44:11.360 --> 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[46:24.200 --> 46:31.320] always I must be careful what I'm okay we are back Randy Keltner is our radio [46:31.320 --> 46:37.400] here with King Magnuson and mr. Jeff Sedgwick and we're talking to mark in [46:37.400 --> 46:50.160] Texas so markers looking like motion to rehear and a motion to vacate the order [46:50.160 --> 46:57.280] and motion to dismiss we've got that messed up with prejudice with prejudice [46:57.280 --> 47:03.800] I got that I think I think in my motion I'd basically attack it I would say that [47:03.800 --> 47:10.800] I moved you to reopen to reopen the case because standing standing was not was [47:10.800 --> 47:13.560] not firmly established and that needs to be addressed further [47:13.560 --> 47:21.240] now you've met jurisdiction not standing yeah oh well I'm just saying I could put [47:21.240 --> 47:25.800] that in there too I mean I don't know don't talk about standing but standing [47:25.800 --> 47:32.400] assumes jurisdiction that's muddying the water right okay there are two things [47:32.400 --> 47:39.560] for you caller first this program is recorded and you definitely need to pull [47:39.560 --> 47:46.600] down a copy of the recording okay the other is sometime in the last five to [47:46.600 --> 47:50.600] seven years there will have been a major case before the Arkansas Supreme Court [47:50.600 --> 48:00.760] wherein subject matter jurisdiction was ruled on you need to go find it I have [48:00.760 --> 48:04.560] read extensively there there are a lot of them that don't necessarily apply to my [48:04.560 --> 48:13.440] set of circumstances but I certainly would and then I suppose my the basis of [48:13.440 --> 48:18.520] my argument is that the the plaintiff failed to affirmatively prove subject [48:18.520 --> 48:24.120] matter jurisdiction so I'm moved that the court reopened the case is that it [48:24.120 --> 48:32.000] tell what you've improved the court had jurisdiction to hear this case so I'm [48:32.000 --> 48:36.800] moving that the court that the court required the plaintiff to prove that [48:36.800 --> 48:42.520] there's jurisdiction from today yeah you will argue that when you challenge [48:42.520 --> 48:45.920] subject matter jurisdiction subject matter jurisdiction is no longer [48:45.920 --> 48:51.200] presumed subject matter jurisdiction may not be presumed and that's in the case [48:51.200 --> 48:57.040] law I sent you on subject matter jurisdiction the plaintiff had a duty to [48:57.040 --> 49:03.240] affirmatively prove jurisdiction or plead jurisdiction and he failed to do [49:03.240 --> 49:09.280] so therefore he waived the argument the court cannot therefore express [49:09.280 --> 49:18.520] jurisdiction and take the case file that's in there and run the name of the [49:18.520 --> 49:26.880] case on Google and add Arkansas behind it and that should find you any case in [49:26.880 --> 49:34.720] Arkansas that's referenced the federal cases that I sent you okay okay that's [49:34.720 --> 49:41.020] that makes sense and that Arkansas but literally I'm going to say that the [49:41.020 --> 49:45.560] plaintiff had to affirmatively had to affirmatively plead jurisdiction when it [49:45.560 --> 49:52.400] was challenged and the court could not could not simply elect to continue not [49:52.400 --> 50:00.320] it case law says subject matter jurisdiction may not be presumed once [50:00.320 --> 50:09.720] challenged it must be proven point is doesn't matter if the court does have [50:09.720 --> 50:16.160] jurisdiction once it was challenged it lost that jurisdiction and couldn't get [50:16.160 --> 50:26.120] it back until it was proven until it was affirmatively flat got it good same [50:26.120 --> 50:31.800] thing and I will say it failed to affirmatively plead jurisdiction before [50:31.800 --> 50:41.320] this court got it I'd move for sanctions against the attorney no one issue at a [50:41.320 --> 50:49.160] time yeah I haven't put your claws back in deal with what's in front of you [50:49.160 --> 50:59.800] first okay yeah that's something Kim keeps telling me so especially if I want [50:59.800 --> 51:04.160] to negotiate with these people I don't want to piss them off too much but oh [51:04.160 --> 51:12.280] that don't matter that won't matter once you stuck it to him good he's not going [51:12.280 --> 51:18.200] with you to stick it to him again that's the ideal situation right right now [51:18.200 --> 51:21.480] they're not aware of that as much as I'd like them to be but we're going to get [51:21.480 --> 51:25.800] there I've got two weeks before I have to throw this down so I may be calling [51:25.800 --> 51:30.080] you again next week and I'll be a little sharper but truly I appreciate you guys [51:30.080 --> 51:34.960] giving me some great ideas and helping me figure out what to do so there we are [51:34.960 --> 51:42.040] don't forget to download the recording oh yeah I absolutely will one of the [51:42.040 --> 51:46.600] thing I wanted to ask real quick and I don't mean in disrespect to the other [51:46.600 --> 51:50.120] callers I don't take a long time and I want to ask you guys to do it but I'm [51:50.120 --> 51:54.440] sure I have some tea with some rest of us some other kinds of violations I'm [51:54.440 --> 51:58.720] past the one-year statute of limitations for FDCPA as far as I know past the time [51:58.720 --> 52:03.640] the suit was filed in 2013 I'm looking into phone records see if I've got some [52:03.640 --> 52:13.080] TCPA stuff but I'm is this possible issue where I might what's that totally [52:13.080 --> 52:19.880] separate issue okay Jeff Mark's been in the fight a long time this is what [52:19.880 --> 52:23.760] happens to people in the fight long time come across come up with all these [52:23.760 --> 52:29.600] gyms and you want to adjudicate these gyms get this case thrown out then sue [52:29.600 --> 52:39.080] these guys under FDCPA you you have one year for FDCPA two years for FCRA and [52:39.080 --> 52:47.960] four years for TCPA oh and what do you arrest deal with the issue that's in [52:47.960 --> 52:54.520] front of you now and leave the rest of it the heck alone yeah well that may be [52:54.520 --> 53:00.560] what I have to do at my distraction yes this has been a struggle for Mark the [53:00.560 --> 53:06.960] whole time you got these good issues you really want to fight them don't there [53:06.960 --> 53:10.800] there they're criminals who have no right to bring this suit I want to sue [53:10.800 --> 53:17.240] them if I can when you're done with this suit you go back after miss plaintiff [53:17.240 --> 53:23.200] if you want to but don't let that argument ruin your position here right [53:23.200 --> 53:29.320] yeah well I'll definitely focus on this and nothing else I have until August [53:29.320 --> 53:34.960] 13th to file some suit for for fraud if there's a way to do that and don't do [53:34.960 --> 53:50.320] it not fraud what does he plead Jeff don't do it and misleading I'm lost you [53:50.320 --> 53:54.200] guys know more than I do what are we talking don't don't argue fraud we talked [53:54.200 --> 53:58.600] about that earlier in the show and this is something Jeff has been bringing a [53:58.600 --> 54:04.160] long time and he finally got it to click if you prove if you claim fraud it moves [54:04.160 --> 54:10.840] you from rule 8 to rule 9 well you have to show mens rea if you plead fault [54:10.840 --> 54:19.280] making false and misleading statements you don't have to prove mens rea exit in [54:19.280 --> 54:27.320] the court better so strike fraud from your vocabulary right got it it's like [54:27.320 --> 54:31.480] attorneys don't lie but they commit aggravated perjuring when they do their [54:31.480 --> 54:38.240] consequences so I will I will definitely dig on that a little bit too okay thank [54:38.240 --> 54:41.440] you very much mark and make sure you keep us updated [54:41.440 --> 54:48.840] patience good night okay good night now we're going to go to Mary in Texas hello [54:48.840 --> 54:57.640] miss Mary hey Randy sorry to hold you up so long no okay fine the collar was so [54:57.640 --> 55:06.400] smart okay you have a foreclosure it sounds like a foreclosure but it's not [55:06.400 --> 55:10.120] I'm going to just describe this real quickly with a quick narrative of five [55:10.120 --> 55:15.040] sentences my friend's ex-boyfriend for 25 years ago hired an attorney to get an [55:15.040 --> 55:19.680] old house from 1930s owned by my friend which she had occupied since their [55:19.680 --> 55:27.640] breakup 25 years ago this started three years ago she has five attorneys her [55:27.640 --> 55:32.280] last attorney was hired by my referral he accidentally or maliciously lifted [55:32.280 --> 55:36.600] the lives pendant a prior attorney had installed a judge around June 4th [55:36.600 --> 55:42.120] threatened her with arrest for breach of contract or fraud in contempt of court [55:42.120 --> 55:46.600] so she signed the court document under duress which allowed the other party to [55:46.600 --> 55:54.400] sell even though her ex had died six months earlier can we sue the new owner [55:54.400 --> 55:58.160] who bought this old house in an expensive urban area for theft or [55:58.160 --> 56:02.800] conspiracy or another cause to reinitiate a list and then and keep the [56:02.800 --> 56:13.560] house from demolition what is in the public record I don't know if you're [56:13.560 --> 56:19.200] going to take a shot at the buyer the only way you get a shot at the buyer or [56:19.200 --> 56:25.960] the not the only way but the primary way is by what the buyer has imputed [56:25.960 --> 56:31.500] knowledge of and the buyer has imputed knowledge of what's in the public [56:31.500 --> 56:40.480] record okay so that's the first place we have to go if you will go actually [56:40.480 --> 56:48.440] send me the address email it to me and I will go into Travis County and pull [56:48.440 --> 56:54.760] everything that's filed in the public record once we have that now we [56:54.760 --> 57:03.640] can find a place to start how long ago was the property sold the property was [57:03.640 --> 57:11.040] sold about a month ago maybe 20 days I think you still have time this is not a [57:11.040 --> 57:16.520] foreclosure this is a different type of taking it's not a foreclosure but [57:16.520 --> 57:21.080] there's still some forensics I think this is she's part of the small group [57:21.080 --> 57:26.560] that I'm forming to become a part of a malpractice co-op and I want to help her [57:26.560 --> 57:33.360] first because I think we can help keep her from full damages okay send me was [57:33.360 --> 57:41.760] this a court order sale I think so if I get this right the court order [57:41.760 --> 57:45.040] transferred the property to the ex-boyfriend and then the boyfriend [57:45.040 --> 57:56.480] sold it is that correct well he passed away before the sale this is this is [57:56.480 --> 58:03.800] complex okay we're about to go to the top of the hour break I don't know this [58:03.800 --> 58:10.920] is going to be too complex for this lady Michelle okay hang on we're back to [58:10.920 --> 58:14.920] little break we'll have to pick this up on the other side this is Randy Kelton [58:14.920 --> 58:24.720] radio a calling number 512-646-1984 it's the top of the hour break so good [58:24.720 --> 58:32.360] time to go to our sponsors at logosradionetwork.com and utilize our [58:32.360 --> 58:37.320] sponsors and help keep us on the air we'll be right back [58:37.320 --> 58:54.600] would you like to make more definite progress in your walk with God Bibles [58:54.600 --> 58:59.600] for America is offering a free study Bible and a set of free Christian books [58:59.600 --> 59:03.360] that can really help the New Testament recovery version is one of the most [59:03.360 --> 59:07.920] comprehensive study Bibles available today it's an accurate translation and [59:07.920 --> 59:11.840] it contains thousands of footnotes that will help you to know God and to know [59:11.840 --> 59:17.040] the meaning of life the free books are a three volume set called basic elements [59:17.040 --> 59:21.280] of the Christian life chapter by chapter basic elements of the Christian life [59:21.280 --> 59:26.880] clearly presents God's plan of salvation growing in Christ and how to build up [59:26.880 --> 59:31.920] the church to order your free New Testament recovery version and basic [59:31.920 --> 59:40.480] elements of the Christian life call Bibles for America toll-free at 888-551-0102 [59:40.480 --> 59:49.840] that's 888-551-0102 or visit us online at bfa.org [59:49.840 --> 01:00:00.320] You're listening to the Logos Radio Network at logosradionetwork.com [01:00:00.320 --> 01:00:07.120] The following use flash is brought to you by the Lone Star Lowdown [01:00:07.120 --> 01:00:12.480] providing the jelly bulletins for the commodity market today in history [01:00:12.480 --> 01:00:23.120] news updates and the inside scoop into the tides of the alternative [01:00:23.120 --> 01:00:29.680] Markets for the 15th of July 2015 opened up with gold at $1,149.22 an ounce [01:00:29.680 --> 01:00:34.720] silver $15.12 an ounce Texas crude $53.04 a barrel [01:00:34.720 --> 01:00:44.560] and bitcoin is currently sitting at about 291 US currency [01:00:44.560 --> 01:00:49.600] today in history Sunday July 15 1099 Jerusalem is taken over by the Roman [01:00:49.600 --> 01:00:52.320] Catholic Church during the siege of Jerusalem which [01:00:52.320 --> 01:00:55.360] took place from June 7th until the 15th of July [01:00:55.360 --> 01:00:58.880] the climax of the first crusade the crusader seized the city [01:00:58.880 --> 01:01:07.360] from the Fatimid caliphate and lay the foundation for the kingdom of Jerusalem [01:01:07.360 --> 01:01:11.200] in recent news a video shot July of last year was released yesterday by the [01:01:11.200 --> 01:01:13.680] center of medical progress which shows Deborah [01:01:13.680 --> 01:01:17.120] Naktola Planned Parenthood senior director of medical research [01:01:17.120 --> 01:01:21.440] and two undercover cmp agents posing as employees of a biotech company [01:01:21.440 --> 01:01:24.720] they were having lunch and chatting about demands for organs from aboard [01:01:24.720 --> 01:01:26.960] fetuses members of the house plan to hold a [01:01:26.960 --> 01:01:29.440] press conference this afternoon and congressional hearings [01:01:29.440 --> 01:01:32.960] on the matter the house energy and commerce committee already announced an [01:01:32.960 --> 01:01:36.160] investigation it is illegal to sell fetus body parts [01:01:36.160 --> 01:01:40.160] obviously and cmp claims the video shot is proof Planned Parenthood is breaking [01:01:40.160 --> 01:01:43.760] the law by selling organs for possible profit [01:01:43.760 --> 01:01:47.680] but eric ferraro the organizer's vice president of communications [01:01:47.680 --> 01:01:51.200] said in a written statement that there is no financial benefit for tissue [01:01:51.200 --> 01:01:54.560] donation for either the patient or Planned Parenthood [01:01:54.560 --> 01:01:58.480] in some instances actual costs such as the cost of transport tissue [01:01:58.480 --> 01:02:02.080] to leading research centers are reimbursed which is standard across [01:02:02.080 --> 01:02:07.520] all medical fields critics say the leaked video suggests otherwise [01:02:10.480 --> 01:02:13.520] the state of texas during the last year refused to issue birth certificates to [01:02:13.520 --> 01:02:17.200] children who were born in the state to undocumented parents in may for when [01:02:17.200 --> 01:02:20.640] filed a civil rights lawsuit against the department of state health services for [01:02:20.640 --> 01:02:23.440] constitutional discrimination and interference and the federal [01:02:23.440 --> 01:02:26.880] government's power over immigration apparently the department of state health [01:02:26.880 --> 01:02:29.600] services told these women that they would no longer accept either the [01:02:29.600 --> 01:02:33.440] matriculate consular which is basically a photo id issued by the mexican [01:02:33.440 --> 01:02:36.240] consulate to mexican nationals living in the united states [01:02:36.240 --> 01:02:39.600] or foreign passports without current u.s visas [01:02:39.600 --> 01:02:42.960] immigrant right groups are calling this discrimination against hispanic families [01:02:42.960 --> 01:02:46.160] while citizen rights advocates are pointing out that this texas [01:02:46.160 --> 01:02:50.960] simply doing what the federal government has failed and refused to do [01:02:50.960 --> 01:02:54.960] uh this has been your lowdown for july 15th [01:02:54.960 --> 01:03:22.960] 2013 [01:03:22.960 --> 01:03:26.960] okay we are back [01:03:27.440 --> 01:03:32.080] and i'd like to look into trying to help this woman but [01:03:32.080 --> 01:03:39.840] i would need most likely if the boyfriend files some action [01:03:39.840 --> 01:03:45.120] to secure the property i would need to see what he filed [01:03:45.120 --> 01:03:50.960] and that and an address so i can look up the public record and then next week [01:03:50.960 --> 01:03:55.600] or do it monday or tuesday you can call me and [01:03:55.600 --> 01:04:00.400] i can give you a better idea of what you may be able to do [01:04:01.520 --> 01:04:05.920] oh i'm sorry uh i can hear you better if i unmuted you [01:04:05.920 --> 01:04:12.800] okay go ahead mary okay um yeah i can get that document and um the [01:04:12.800 --> 01:04:17.840] address for you and uh i'm going to be meeting with her [01:04:17.840 --> 01:04:22.320] she has formed a narrative after about five requests over a few months she's [01:04:22.320 --> 01:04:28.720] finally finished one and um regardless just um the interest [01:04:28.720 --> 01:04:35.680] of my helping her is again to work on a malpractice co-op [01:04:35.680 --> 01:04:40.000] and that's something i'll be coming to you at a later date about and i [01:04:40.000 --> 01:04:46.800] my next issue is basically i believe the texas state bar has damaged us by [01:04:46.800 --> 01:04:50.640] not allowing equal access to the court and [01:04:50.640 --> 01:04:55.120] shielding these attorneys through a [01:04:55.120 --> 01:05:00.720] negligent pro bono system which i could go into detail about which i won't [01:05:00.720 --> 01:05:05.600] but i'm beginning to think deeply that the state bar is going to have to be [01:05:05.600 --> 01:05:08.560] sued and the transaction be brought against them and i [01:05:08.560 --> 01:05:11.200] can see the public notice being something like [01:05:11.200 --> 01:05:16.160] has your attorney damaged you lied to you or stolen from you please call us [01:05:16.160 --> 01:05:19.600] i believe that there's a way to some extent [01:05:19.600 --> 01:05:26.000] to hold the state bar as the ability on that issue [01:05:26.000 --> 01:05:30.480] when you do this can you get us copies of the complaints [01:05:30.480 --> 01:05:34.960] and i know i would be be more than happy to talk to your group [01:05:34.960 --> 01:05:38.000] about how to take the complaints that they have [01:05:38.000 --> 01:05:45.040] and turn them into bar grievances and the reason for the bar grievance [01:05:45.040 --> 01:05:48.080] is really not in this case if you're intending to [01:05:48.080 --> 01:05:53.040] file a malpractice suit it's just to lay the foundation for your malpractice [01:05:53.040 --> 01:05:58.160] suit oh okay fair enough um get us copies of [01:05:58.160 --> 01:06:02.240] those because when the state commitment you know just [01:06:02.240 --> 01:06:07.680] the conduct comes up for the sunset next and ken do you know [01:06:07.680 --> 01:06:11.120] when the bar is coming up again i think it just came up here [01:06:11.120 --> 01:06:16.240] 2017 wonderful we need all the documentation we can get [01:06:16.240 --> 01:06:22.080] okay try to get the bar in a position to where they [01:06:22.080 --> 01:06:26.000] have to do their job what i'd very much like to see [01:06:26.000 --> 01:06:33.280] is it's a situation where the fox is not going to ken house [01:06:33.280 --> 01:06:36.880] the bar as far as i know are the is the only [01:06:36.880 --> 01:06:40.080] professional organization that polices itself [01:06:40.080 --> 01:06:45.040] and we need that fixed i think that they can be held liable if [01:06:45.040 --> 01:06:48.880] one could not find for instance a malpractice attorney [01:06:48.880 --> 01:06:54.400] i have visited some when i was damaged by the biggest firm in austin [01:06:54.400 --> 01:07:00.560] um and these attorneys aren't willing to sue each other and [01:07:00.560 --> 01:07:04.320] they're saying you know i need a specific amount of money to do this i'm [01:07:04.320 --> 01:07:08.160] sorry miss krennic but to do this you know this is you know [01:07:08.160 --> 01:07:12.240] the money that's going to allow you into this after i've been damaged and left [01:07:12.240 --> 01:07:16.720] you know there is i know of an attorney who [01:07:16.720 --> 01:07:21.920] did malpractice suits in texas but he lives in new mexico [01:07:21.920 --> 01:07:25.680] well i'm not speaking of i need an attorney i'm speaking of the fact that [01:07:25.680 --> 01:07:29.040] when we go to find a malpractice attorney for my [01:07:29.040 --> 01:07:33.360] for my malpractice co-op i assure you we will find none [01:07:33.360 --> 01:07:36.400] and i assure you we will not find one with [01:07:36.400 --> 01:07:40.080] you won't find one you won't find one in texas [01:07:40.080 --> 01:07:44.160] but that was my point this guy lives out of texas [01:07:44.160 --> 01:07:47.440] so they can't get at it he comes into well [01:07:47.440 --> 01:07:51.760] texas to do his malpractices okay i like that [01:07:51.760 --> 01:07:56.160] so that may be where you need to look okay [01:07:56.160 --> 01:08:04.080] well this is can and uh what i'm yeah uh there there's actually been some [01:08:04.080 --> 01:08:07.840] rumblings in the background uh from what i've been hearing that [01:08:07.840 --> 01:08:11.360] there's a lot of members of the bar that are not happy with the bar [01:08:11.360 --> 01:08:16.320] and they would support some setting the bar and reorganizing the whole process [01:08:16.320 --> 01:08:21.440] lawyers in texas and one of the things we want to address is the issue of [01:08:21.440 --> 01:08:26.480] lawyer liability and this issue but the only way we can get that [01:08:26.480 --> 01:08:32.800] get the impetus to do that to show that the bar is essentially run by a pack of [01:08:32.800 --> 01:08:36.160] dirty rotten scoundrels the only way we can get that is we've [01:08:36.160 --> 01:08:39.840] got to have complaints we have to have the bar's response so we [01:08:39.840 --> 01:08:43.520] can show everybody the legislature when i mean everybody [01:08:43.520 --> 01:08:47.200] we can show the legislature and demonstrate that these people don't care [01:08:47.200 --> 01:08:50.640] about anything except money [01:08:52.000 --> 01:08:58.720] well my hope is to find the state bar legally liable for me or my group not [01:08:58.720 --> 01:09:01.600] being able to find a malpractice attorney i'm talking about [01:09:01.600 --> 01:09:04.720] some very simple basic things to start suing them on [01:09:04.720 --> 01:09:09.200] in a class action form i'm not talking about legislative work i'm [01:09:09.200 --> 01:09:12.320] not trying to get into good terms with other attorneys [01:09:12.320 --> 01:09:16.880] or members of the board or legislators i'm talking about simple class actions [01:09:16.880 --> 01:09:19.520] and malpractices and if we can't join ourselves into [01:09:19.520 --> 01:09:25.520] anything like this i'm assuming that and taking action on [01:09:25.520 --> 01:09:31.120] the fact that the bar is basically at fault [01:09:31.120 --> 01:09:34.720] you and i know that let's write the documents on it that's [01:09:34.720 --> 01:09:37.840] going to be probably what's going to happen out of my malpractice co-op [01:09:37.840 --> 01:09:43.680] it's okay well let's just do the bar so you're building a case against the bar [01:09:43.680 --> 01:09:47.120] that's a great idea but your case you're building against the [01:09:47.120 --> 01:09:49.920] bar the information you're gathering will [01:09:49.920 --> 01:09:54.080] help us also take on the bar from the political side we're not [01:09:54.080 --> 01:09:58.960] asking you to take on the political side ken has been lobbying for a very long [01:09:58.960 --> 01:10:03.200] time and we need information [01:10:03.200 --> 01:10:06.560] absolutely love it but i'd like to see some class actions and some money and i'm [01:10:06.560 --> 01:10:10.800] like the state bar have to show up in court [01:10:12.240 --> 01:10:17.840] okay we will uh i'm sure this is something i wanted to get to [01:10:17.840 --> 01:10:24.400] is i want to build a malpractice questionnaire [01:10:24.400 --> 01:10:29.120] uh i need to get charles herring's latest [01:10:29.120 --> 01:10:34.240] texas malpractice manual but we build a questionnaire that goes [01:10:34.240 --> 01:10:37.840] to malpractice and we should be able to build a set of [01:10:37.840 --> 01:10:40.560] fill-in-the-blank pleading so your people can [01:10:40.560 --> 01:10:45.920] go online fill in the blanks and spit them out of malpractice suit [01:10:45.920 --> 01:10:52.400] okay i like it thank you so much randy i'm at a coffee shop and i'm going to [01:10:52.400 --> 01:10:55.600] get off the phone right now so they can have their quiet room [01:10:55.600 --> 01:11:01.680] rules followed properly this is ken magnus one last thing is i've got a book [01:11:01.680 --> 01:11:06.640] in my hand called law at pinpoint by an attorney named randy [01:11:06.640 --> 01:11:10.880] johnston out of dallas he's a malpractice attorney and suits other [01:11:10.880 --> 01:11:13.440] attorneys [01:11:13.440 --> 01:11:21.200] good that we need to get mary in contact with him [01:11:23.280 --> 01:11:27.360] okay thank you mary i'll get that information to you about that book so [01:11:27.360 --> 01:11:31.920] you can find these attorneys awesome randy johnson thank you [01:11:31.920 --> 01:11:35.600] okay thank you miss mary okay now we have [01:11:35.600 --> 01:11:40.960] philip in texas and philip you have a foreclosure issue [01:11:40.960 --> 01:11:44.800] no if last time you you were beating up the [01:11:44.800 --> 01:11:51.040] uh credit card guys how did that go oh it's still in the works i'm a little [01:11:51.040 --> 01:11:54.720] slow at my document writing but i'll get it done probably early next [01:11:54.720 --> 01:11:57.920] week i was actually calling in about something [01:11:57.920 --> 01:12:01.440] you were talking about i think it's about two weeks ago which [01:12:01.440 --> 01:12:05.920] was um being able to uh [01:12:05.920 --> 01:12:13.120] rescind your mortgage um i know uh there was lots of different [01:12:13.120 --> 01:12:17.520] you know reasons why i was wondering and you know this is something me if you [01:12:17.520 --> 01:12:21.280] had uh looked at my hundred one settlement [01:12:21.280 --> 01:12:26.480] statement before and uh noticed you know how much fraud was [01:12:26.480 --> 01:12:30.320] um i'm using the word fraud sorry i don't know if it's the right word based [01:12:30.320 --> 01:12:34.800] on the earlier conversation but all the fraudulent fees that were [01:12:34.800 --> 01:12:38.400] uh are were are in the my hundred one settlement statement and [01:12:38.400 --> 01:12:44.800] i was just wondering is that is that a reason to be able to rescind your [01:12:44.800 --> 01:12:50.560] mortgage i i just did one uh the [01:12:50.560 --> 01:12:57.840] bank got the rescindion a guy gave me a quit claim and a warranty deed [01:12:57.840 --> 01:13:04.000] he's in this house he got a divorce he can't can't afford it now after the [01:13:04.000 --> 01:13:07.040] divorce and it's way too big for it so he just [01:13:07.040 --> 01:13:10.240] wrote me a quite a quick claim and a warranty deed [01:13:10.240 --> 01:13:14.560] if i could stop the foreclosure so i filed a rescission [01:13:14.560 --> 01:13:18.880] and he stopped the foreclosure and now they have sent him [01:13:18.880 --> 01:13:23.440] two letters they said they're not going to respond [01:13:23.440 --> 01:13:31.040] to me because they don't have our civilization to talk to me [01:13:31.040 --> 01:13:38.560] well great i hold the quick claim see [01:13:38.560 --> 01:13:43.680] they're one of the lenders successors and assigns [01:13:43.680 --> 01:13:48.240] the problem is so i'm one of the borrower's successors for [01:13:48.240 --> 01:13:55.200] signs he assigned his claim to me so they're not going to respond to me [01:13:55.200 --> 01:14:00.640] they're going to respond to him okay bubba that'll work for me [01:14:00.640 --> 01:14:06.320] then i go for no answer default but when they actually this is a [01:14:06.320 --> 01:14:09.760] recension so then i'll go to the court for [01:14:09.760 --> 01:14:13.840] written mandamus claiming that they didn't make raise [01:14:13.840 --> 01:14:17.760] an objection within the 21 day time period [01:14:17.760 --> 01:14:22.480] okay they want to respond to him they want to play they [01:14:22.480 --> 01:14:29.280] i don't care it works for me uh but oh jeff you can speak to this [01:14:29.280 --> 01:14:33.520] can you speak to that are you familiar with that supreme court [01:14:33.520 --> 01:14:39.520] gelanski no i'm not sorry okay good there was a recent supreme [01:14:39.520 --> 01:14:45.840] court decision that said that when a i know of it [01:14:45.840 --> 01:14:53.280] randy i just have not read it oh okay it says that when a recension [01:14:53.280 --> 01:15:00.160] is filed the recension is affected [01:15:00.160 --> 01:15:04.000] it's like a removal you see if you get sued in the state [01:15:04.000 --> 01:15:08.320] court and you don't live in that state you can [01:15:08.320 --> 01:15:12.000] by law remove the case to the federal court [01:15:12.000 --> 01:15:17.120] you file a removal it is removed it's not a motion it's not a request it's [01:15:17.120 --> 01:15:20.240] removed and essentially what the supreme court said [01:15:20.240 --> 01:15:25.760] when you file a recension it is rescinded it's a done deal [01:15:25.760 --> 01:15:31.920] and and you can't even unresend it so now both parties are in a position [01:15:31.920 --> 01:15:37.520] to tender you must tender back to the borrower [01:15:37.520 --> 01:15:44.000] what the borrower is due the borrower must tender to you what you are due [01:15:44.000 --> 01:15:48.640] and that's all the fight all the fees and all the payments you made everything [01:15:48.640 --> 01:15:51.840] you've given to him he has to get back to you [01:15:51.840 --> 01:15:57.920] so the way i get to rescission is you know you got three years normally [01:15:57.920 --> 01:16:03.200] unless i don't have that number in front of me i've got it in my recension [01:16:03.200 --> 01:16:07.040] letter but in the truth in lending statement i mean [01:16:07.040 --> 01:16:14.480] truth in lending act right at the end it's as after foreclosure if you could [01:16:14.480 --> 01:16:18.800] show more than thirty five dollars in unauthorized fees [01:16:18.800 --> 01:16:22.720] the right to rescind renews [01:16:23.040 --> 01:16:26.960] so we pull out the hud one settlement statement [01:16:26.960 --> 01:16:32.320] when we look at it now on the hud one settlement statement [01:16:32.320 --> 01:16:36.240] the bank there are certain things the bank can't charge they can only charge [01:16:36.240 --> 01:16:40.960] the one one percent of your donation [01:16:40.960 --> 01:16:44.720] and we'll get to the rest of it when we come back on the other side [01:16:44.720 --> 01:16:50.320] this is baby belton he's on radio i call it now five one two six four 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accept bitcoins as payment call us at 512-646-6440 [01:18:46.720 --> 01:18:51.600] we're located at 7304 burnet road suite a about a half mile south of anderson [01:18:51.600 --> 01:18:54.880] we're open monday through friday 10 to 6 saturdays 10 to 2 [01:18:54.880 --> 01:19:01.600] visit us at capital coin and bullion.com or call 512-646-6440 [01:19:01.600 --> 01:19:11.920] this is the logos radionetwork [01:19:11.920 --> 01:19:32.240] oh come on [01:19:41.920 --> 01:19:58.240] ranger [01:20:02.400 --> 01:20:08.160] okay we are back randy kelton through our radio here with king mangleson [01:20:08.160 --> 01:20:15.360] poor old jeff had to drop off he's he is so old he's even older than i am [01:20:15.360 --> 01:20:20.320] and as us old guys as we go sleep and at my age i don't find many people [01:20:20.320 --> 01:20:25.680] older than i am okay and i i never let jeff get away [01:20:25.680 --> 01:20:31.360] without a beak or two keeps dishonest philip [01:20:31.360 --> 01:20:34.400] yeah we see oh we were talking about precision [01:20:34.400 --> 01:20:38.400] we're talking about hud one settlement statement [01:20:38.400 --> 01:20:44.240] i developed this spreadsheet where i can put in your truth and lending [01:20:44.240 --> 01:20:48.320] statement note hud one settlement statement fees all [01:20:48.320 --> 01:20:54.000] the amounts and i create a claim [01:20:54.000 --> 01:21:00.800] and one of the claims i would create was i would maintain that at closing [01:21:00.800 --> 01:21:05.840] the lender failed to provide documentation to show that the fees [01:21:05.840 --> 01:21:09.440] charged on the hud one settlement statement were not otherwise forbidden [01:21:09.440 --> 01:21:14.880] to be charged by law that the fee is for for services that [01:21:14.880 --> 01:21:18.320] were actually rendered that were for services that were [01:21:18.320 --> 01:21:22.400] necessary and that the vendors were not [01:21:22.400 --> 01:21:28.320] un not front companies for the borrowers [01:21:28.320 --> 01:21:32.720] fiduciaries and that the lender did not take an [01:21:32.720 --> 01:21:36.880] undisclosed markup on the amounts charged that's all right out of the [01:21:36.880 --> 01:21:42.800] treason lending act and [01:21:42.880 --> 01:21:45.840] that maintained that since he didn't provide any of this documentation that [01:21:45.840 --> 01:21:49.040] all those fees are bogus and then i do a [01:21:49.040 --> 01:21:52.800] calculation on how much they would actually defraud you about based on that [01:21:52.800 --> 01:21:58.240] well every time i got someone who was a real estate agent [01:21:58.240 --> 01:22:02.800] and they looked at this they said don't you dare put that in my [01:22:02.800 --> 01:22:05.040] suit [01:22:05.440 --> 01:22:09.920] and i didn't question as to why i already knew why [01:22:09.920 --> 01:22:16.000] because they knew that some of those fees were fraudulent [01:22:16.000 --> 01:22:22.800] that's outright theft there are you may not charge the [01:22:22.800 --> 01:22:30.320] borrower those amounts that are for actions [01:22:30.320 --> 01:22:36.000] that are are the normal part of doing business [01:22:36.000 --> 01:22:41.360] administration fee processing fee these are the normal part of doing [01:22:41.360 --> 01:22:45.280] business it was intended that those fees come out of the [01:22:45.280 --> 01:22:49.120] interest that you charge on the note but instead of taking it out of the [01:22:49.120 --> 01:22:52.560] interest they add it to the head of the note and charge interest on it for 30 [01:22:52.560 --> 01:22:58.240] years so since they didn't provide any [01:22:58.240 --> 01:23:03.600] documentation then i essentially dispute [01:23:03.600 --> 01:23:09.600] all of the fees on there and i maintain they're all fraudulent [01:23:09.600 --> 01:23:16.960] bogus and i take the amount from 1400 line 1400 on the hud one [01:23:16.960 --> 01:23:20.800] settlement statement that's the bottom of page two that's the totals [01:23:20.800 --> 01:23:26.240] you've got a column for paid by buyer paid by seller i add those two together [01:23:26.240 --> 01:23:31.040] because he in the end the seller pay i mean the buyer pays everything [01:23:31.040 --> 01:23:34.640] whatever the seller has to pay he adds to the principal [01:23:34.640 --> 01:23:38.800] if he didn't have to pay it he'd sell the property for less so [01:23:38.800 --> 01:23:43.200] the seller the buyer pays everything i add them together [01:23:43.200 --> 01:23:49.600] and take a spreadsheet style [01:23:49.600 --> 01:23:56.000] station schedule and drop in that amount from the hud one on the first [01:23:56.000 --> 01:24:03.040] payment as an overpayment and and and run out the note first one i [01:24:03.040 --> 01:24:11.360] did this for was steve's kidmore a hundred and sixteen thousand dollar note at six percent interest [01:24:12.080 --> 01:24:15.440] they charged him twelve thousand dollars on the hud one settlement statement i [01:24:15.440 --> 01:24:22.080] deducted that from the first payment his payments went to zero at 240 [01:24:22.080 --> 01:24:26.080] so the last 10 years he would be paying overpayments [01:24:26.080 --> 01:24:30.080] on a hundred and sixteen thousand dollar note over the life of the note he would [01:24:30.080 --> 01:24:34.400] overpay the note fifty thousand and forty three dollars [01:24:34.400 --> 01:24:41.120] and change the note was only five years old so he hadn't paid that much [01:24:41.120 --> 01:24:47.680] extra but in fraud you don't sue for what they actually defrauded you of [01:24:47.680 --> 01:24:50.880] you sue for what they would have defrauded you of had their plan ran to [01:24:50.880 --> 01:24:54.000] fruition the fifty thousand but you don't sue [01:24:54.000 --> 01:24:59.360] for that amount either you sue for triple that amount so in [01:24:59.360 --> 01:25:04.400] the first calculation i get a hundred and fifty thousand dollar claim [01:25:04.400 --> 01:25:09.440] against a hundred and sixteen thousand dollar note [01:25:09.440 --> 01:25:15.680] so here you file a recension and you have to hit bank has to tender to you [01:25:15.680 --> 01:25:20.960] you have to tender to the bank well we claim and tender by set off [01:25:20.960 --> 01:25:24.960] against the claim i have against you [01:25:24.960 --> 01:25:31.600] we just filed one of these and they did a cinema letter saying they [01:25:31.600 --> 01:25:36.960] would respond within the 21 days the problem is [01:25:36.960 --> 01:25:40.880] i filed a recension not him [01:25:42.160 --> 01:25:46.720] they're going to respond to him good luck on that guys [01:25:46.720 --> 01:25:54.480] but in the end if you file a recension then you make all these friends i expect [01:25:54.480 --> 01:25:58.960] to lose in the end the other side is going to object [01:25:58.960 --> 01:26:05.200] they're going to file an action in the state court to block the recension [01:26:05.200 --> 01:26:09.360] and in the end the court's going to rule against me [01:26:10.000 --> 01:26:16.800] maybe they won't but prudence dictates that i presume the [01:26:16.800 --> 01:26:20.960] courts will rule against me out of hand at every turn so how do i [01:26:20.960 --> 01:26:26.320] wind up with an equitable solution [01:26:26.320 --> 01:26:30.400] well i use the recension to get the bank's attention [01:26:30.400 --> 01:26:34.400] the only purpose of that was to bring them to the table [01:26:34.400 --> 01:26:38.880] so it doesn't matter what they do if they would have dealt with me [01:26:38.880 --> 01:26:42.160] i went to them and said guys let's make a deal [01:26:42.160 --> 01:26:45.680] said i'll take this house i'll clean it up i'll sell it [01:26:45.680 --> 01:26:49.760] i will extinguish this guy's note he only was a hundred sixty seven thousand [01:26:49.760 --> 01:26:53.040] dollars on a two hundred thousand dollar property [01:26:53.040 --> 01:26:57.600] but i'm going to want you to knock ten twelve grand off of it [01:26:57.600 --> 01:27:02.800] so you don't have to go to r e o o and go through all of this [01:27:02.800 --> 01:27:07.440] cost in maintaining the property until you can sell it [01:27:07.440 --> 01:27:11.040] so give me a discount on the payoff we'll all go home [01:27:11.040 --> 01:27:18.240] i'm happy that in this case they're going to respond to the other guy not me [01:27:18.240 --> 01:27:22.400] and as soon as they respond to him since the 21 days are up then i [01:27:22.400 --> 01:27:28.000] go and file a quiet title action when i file a quiet title action now [01:27:28.000 --> 01:27:32.080] they're going to talk to you yeah they're going to object to it [01:27:32.080 --> 01:27:35.520] they're going to say i don't have standing i don't care what you do [01:27:35.520 --> 01:27:39.120] all i really want to do is bring them to the table and in this case i'll file [01:27:39.120 --> 01:27:44.480] sanctions against them for not responding to the recision [01:27:44.480 --> 01:27:48.960] you know i'll when they don't respond in time to the recision [01:27:48.960 --> 01:27:54.320] then i'll file in their petition for a mandamus to enforce recision [01:27:54.320 --> 01:27:58.640] then they'll respond to and at the same time i go file a quiet title action [01:27:58.640 --> 01:28:01.840] against their deed of trust because once the recision is filed [01:28:01.840 --> 01:28:05.680] it's over it's rescinded [01:28:05.680 --> 01:28:10.320] does that make sense to give you an idea of what we're talking about [01:28:10.320 --> 01:28:14.960] it does and you know i'm not in foreclosure or you are closed i mean i [01:28:14.960 --> 01:28:17.120] guess i guess you're only a few months away [01:28:17.120 --> 01:28:20.400] if you ever really want to be right but [01:28:20.960 --> 01:28:27.120] i'm not in foreclosure i do have you know i've used your spreadsheet and [01:28:27.120 --> 01:28:32.720] came up with uh 20 something thousand on a hundred and twenty thousand dollar [01:28:32.720 --> 01:28:36.080] note which ended up being a hundred and forty [01:28:36.080 --> 01:28:43.120] thousand dollars in overpayment so i mean uh there there's plenty uh you [01:28:43.120 --> 01:28:46.560] know and you know triplicated of that is oh you know over four hundred [01:28:46.560 --> 01:28:50.800] thousand so there's plenty to follow suit on [01:28:50.800 --> 01:28:55.760] it just you know the idea of rescission on top of that just kind of really [01:28:55.760 --> 01:29:02.560] yeah considered this way uh you can ask them for a modification [01:29:02.560 --> 01:29:06.320] and why would they modify why would they just [01:29:06.320 --> 01:29:10.960] give up money that they already have in hand [01:29:10.960 --> 01:29:15.440] so or you could let them foreclose and if they try to foreclose then they're [01:29:15.440 --> 01:29:20.720] required to offer your modification what if you know they don't they want [01:29:20.720 --> 01:29:23.680] this note to pay out they don't want this thing to foreclose [01:29:23.680 --> 01:29:27.600] not at this point they got more houses than they can deal with [01:29:27.600 --> 01:29:33.520] it's costing them a fortune so if you rescind the note once you [01:29:33.520 --> 01:29:36.960] rescind it's a done deal [01:29:36.960 --> 01:29:43.840] the only way to recover is to write a new contract [01:29:43.840 --> 01:29:47.360] there's your modification there's leverage [01:29:47.360 --> 01:29:51.200] hang on we're going to count the view of our radio call it number five one two [01:29:51.200 --> 01:30:03.920] six four six ninety four we'll be right back [01:30:03.920 --> 01:30:08.320] do violent video games heighten aggression a new study measuring brain [01:30:08.320 --> 01:30:11.920] activity says they do i'm dr kathryn albrecht and i'll tell [01:30:11.920 --> 01:30:15.040] you about new research into violent video games [01:30:15.040 --> 01:30:18.960] and behavior in a moment privacy is under attack [01:30:18.960 --> 01:30:22.560] when you give up data about yourself you'll never get it back again [01:30:22.560 --> 01:30:26.720] and once your privacy is gone you'll find your freedoms will start to vanish [01:30:26.720 --> 01:30:29.840] too so protect your rights say no to [01:30:29.840 --> 01:30:32.880] surveillance and keep your information to yourself [01:30:32.880 --> 01:30:37.040] privacy it's worth hanging on to this message is brought to you by [01:30:37.040 --> 01:30:41.120] startpage.com the private search engine alternative to google [01:30:41.120 --> 01:30:46.560] yahoo and bing start over with start page [01:30:46.560 --> 01:30:50.960] violent video games some say they're harmless fun while others insist they [01:30:50.960 --> 01:30:55.040] make gamers aggressive now a new study finds that violent games [01:30:55.040 --> 01:30:58.800] do alter brain activity not after years of play but after one [01:30:58.800 --> 01:31:02.160] week researchers split male volunteers into two [01:31:02.160 --> 01:31:06.640] groups and performed mri scans on them one group played a shooting game for 10 [01:31:06.640 --> 01:31:10.240] hours over a week the other didn't follow-up exams show [01:31:10.240 --> 01:31:14.000] that those who played the game have reduced activity in key areas of the [01:31:14.000 --> 01:31:18.320] brain they control emotions and aggressive behavior [01:31:18.320 --> 01:31:21.520] maybe kids should spend a little less time with villains and more time with [01:31:21.520 --> 01:31:24.880] heroes like maybe their parents i'm dr katherine [01:31:24.880 --> 01:31:30.640] albrecht for startpage.com the world's most private search engine [01:31:31.360 --> 01:31:35.200] this is building seven a 47 story skyscraper that fell [01:31:35.200 --> 01:31:38.480] on the afternoon of september 11 the government says that fire brought it [01:31:38.480 --> 01:31:41.680] down however 1500 architects and engineers have [01:31:41.680 --> 01:31:45.840] concluded it was a controlled demolition over 6 000 of my fellow service members [01:31:45.840 --> 01:31:49.040] have given their lives thousands of my fellow force responders are [01:31:49.040 --> 01:31:52.320] dying i'm not a conspiracy theorist i'm a structural engineer i'm a new york [01:31:52.320 --> 01:31:55.840] city correction officer i'm an air force pilot i'm a father who lost his son [01:31:55.840 --> 01:31:59.040] we're americans and we deserve the truth go to [01:31:59.040 --> 01:32:03.440] rememberbuildingseven.org today hey it's danny here for hill country home [01:32:03.440 --> 01:32:06.960] improvements did your home receive hail or wind damage from the recent storms [01:32:06.960 --> 01:32:10.320] come on we all know the government caused it with their kim trails but good [01:32:10.320 --> 01:32:13.760] luck getting them to pay for it okay i might be kidding about the kim trails [01:32:13.760 --> 01:32:16.640] but i'm serious about your 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improvements.com [01:32:57.280 --> 01:33:00.640] discounts are based on full roof replacement may not actually be kidding [01:33:00.640 --> 01:33:04.480] about kim trails you are listening to the logos radio [01:33:04.480 --> 01:33:12.480] network logosradionetwork.com [01:33:12.480 --> 01:33:30.480] Music [01:33:30.480 --> 01:33:34.480] okay we are back we're in felton with my radio [01:33:34.480 --> 01:33:40.000] and talking to philip in texas and so what do you think of using [01:33:40.000 --> 01:33:47.200] essentially as leverage to write a new contract [01:33:47.200 --> 01:33:50.800] uh you know actually it's something we've been i mean what i've been talking [01:33:50.800 --> 01:33:54.000] about is uh just selling our house in general [01:33:54.000 --> 01:33:59.120] so you know um i'm not really all that keen on [01:33:59.120 --> 01:34:02.000] staying in my house you know i was thinking that there's an [01:34:02.000 --> 01:34:06.880] interesting way of selling the house for a pretty tiny profit just sell it [01:34:06.880 --> 01:34:10.400] right back you know lender all right so i'll write back to lender [01:34:10.400 --> 01:34:12.720] for from what i understand every single [01:34:12.720 --> 01:34:16.880] payment i've made them i mean probably not including escrow i would assume [01:34:16.880 --> 01:34:21.600] but you know all the the interest in interest in principal payments at least [01:34:21.600 --> 01:34:26.720] okay there is a something else to consider [01:34:26.720 --> 01:34:32.560] you're in texas probably the fastest growing real estate [01:34:32.560 --> 01:34:38.320] market in the country right if you were in michigan or connecticut [01:34:38.320 --> 01:34:42.080] it might be a better option but you might want to do some [01:34:42.080 --> 01:34:46.080] caught neighborhood cops to see what your property or actually sell for [01:34:46.080 --> 01:34:52.480] it it is it would sell for 140 we were originally purchased to 120 [01:34:52.480 --> 01:34:58.000] and uh you know we've had about 20 000 more we've you know we've paid down the [01:34:58.000 --> 01:35:00.960] loan to about 20 000 so in fact the notes [01:35:00.960 --> 01:35:04.400] right now it's sitting around just shy over 100 [01:35:04.400 --> 01:35:10.400] um and cops are about 140 but if you add up every payment we've [01:35:10.400 --> 01:35:15.520] made in the last nine years that comes out to 86 000 dollars [01:35:15.520 --> 01:35:20.400] yeah i think you know you know they have to pay [01:35:20.400 --> 01:35:24.560] taxes escrow they have to pay everything back [01:35:24.560 --> 01:35:28.720] oh well then then then we're looking at probably [01:35:28.720 --> 01:35:34.640] i just 160 000 ish you know once you add in because [01:35:34.640 --> 01:35:40.400] yeah maybe over 100 definitely over 100 000 we've actually paid when you do the [01:35:40.400 --> 01:35:45.680] rescission they're absolutely going to file an objection to it [01:35:45.680 --> 01:35:48.720] and that's the thing is they even have a right to rescind seeing as uh [01:35:48.720 --> 01:35:52.720] it's been over three years and although there is [01:35:52.720 --> 01:35:57.360] yes right you're not in foreclosure i'm not in foreclosure [01:35:57.360 --> 01:36:03.360] so you don't fall under yet unless you wait until they send you a notice of it [01:36:03.360 --> 01:36:09.440] tend to accelerate now now you could do that and if if you [01:36:09.440 --> 01:36:14.320] took the funds and put them in a bank [01:36:14.320 --> 01:36:20.880] so that you could always secure the default [01:36:20.880 --> 01:36:29.280] but that's a little risky when you it does it does seem a bit risky [01:36:30.160 --> 01:36:34.320] you know i i don't you know i generally have people who are [01:36:34.320 --> 01:36:41.600] in a situation already that you know they can't get out of and [01:36:41.600 --> 01:36:46.720] we do these as desperate means to find a solution but [01:36:46.720 --> 01:36:51.520] for you to get into this situation now you can file a rescission [01:36:51.520 --> 01:36:56.160] and they're going to object to it and that's probably not going to hurt you [01:36:56.160 --> 01:37:01.600] much because they're not going to want that house back good chance they will [01:37:01.600 --> 01:37:04.400] refinance [01:37:05.440 --> 01:37:11.520] okay what's your interest rate now oh it's pretty high now that's six one [01:37:11.520 --> 01:37:18.160] two five yeah give them a notice of the [01:37:18.160 --> 01:37:21.840] you might contact them and notice them no you can't rescind [01:37:21.840 --> 01:37:28.480] you're not in that top time trainers i'm making your mind [01:37:28.480 --> 01:37:33.440] switching group tonight aren't i yeah i'm struggling to find a way to get [01:37:33.440 --> 01:37:37.760] leverage against the lender right well i mean i have i can always [01:37:37.760 --> 01:37:43.520] follow that $400,000 lawsuit but you know um [01:37:43.520 --> 01:37:46.560] how long would that take to really go through i mean i would love to sting [01:37:46.560 --> 01:37:50.400] these guys that are good for trying to mess me over to the tune of [01:37:50.400 --> 01:37:56.320] 140 grand you might set up to that by filing a [01:37:56.320 --> 01:38:01.040] uh a debt validation not a debt validation [01:38:01.040 --> 01:38:09.040] that are a qualified written request and use that use the information in [01:38:09.040 --> 01:38:13.440] this spreadsheet to say i have questions [01:38:13.440 --> 01:38:19.680] about these fees and such prove them up [01:38:19.680 --> 01:38:23.920] and then when they don't prove them up then you go back and sue [01:38:23.920 --> 01:38:28.880] right now you've set the stage for it and then when you sue them [01:38:28.880 --> 01:38:34.960] then you say okay uh let's talk how about we make a deal [01:38:34.960 --> 01:38:38.000] you refinance this property had a guy in [01:38:38.000 --> 01:38:43.360] california avery he had a five hundred thousand dollar [01:38:43.360 --> 01:38:48.400] note he owed 300,000 again i'm sorry he had a 250,000 dollar property [01:38:48.400 --> 01:38:52.800] and they said he owed 350 against it [01:38:53.040 --> 01:38:58.240] they knocked 250,000 off the principal they [01:38:58.240 --> 01:39:02.240] dropped all of i'm sorry dropped 150 off the principal [01:39:02.240 --> 01:39:08.560] dropped all of the late fees all of the attorney fees and cut his [01:39:08.560 --> 01:39:12.480] interest rate to 3.5 [01:39:13.280 --> 01:39:19.680] just to get him to keep it he filed this uh disparate suit with the [01:39:19.680 --> 01:39:24.080] false fees in it so that may be a way to go [01:39:24.080 --> 01:39:28.080] okay they're not going to negotiate with you unless they have a good [01:39:28.080 --> 01:39:31.840] reason don't you know the banks are going to [01:39:31.840 --> 01:39:35.120] rule against you if you're some two-bit deadbeat trying to get a free [01:39:35.120 --> 01:39:39.200] house if you're not you're not in foreclosure [01:39:39.200 --> 01:39:43.920] you're not trying to get a free house you're just charging these false fees [01:39:43.920 --> 01:39:47.440] yeah i was trying to sting him back for what they're trying to do to me [01:39:47.440 --> 01:39:54.320] exactly you know if you could get if you could just get them down to 2.5 [01:39:54.320 --> 01:39:58.320] percent with 3.5 i think's what it is right now that [01:39:58.320 --> 01:40:02.160] save you a whole lot of money [01:40:03.120 --> 01:40:07.360] good chance you can get some knocked off the principal [01:40:08.400 --> 01:40:12.720] okay think about it if you get ready to do something [01:40:12.720 --> 01:40:15.760] let me know and i'll help you put the suit together [01:40:15.760 --> 01:40:19.760] okay well i think i'm ready i'll probably contact you later [01:40:19.760 --> 01:40:25.440] okay thank you philip thank you okay now we're going to go back to [01:40:25.440 --> 01:40:28.240] mr magnussen [01:40:28.400 --> 01:40:33.840] we wanted to talk more about uh family law who are we on family law [01:40:33.840 --> 01:40:39.360] kim well uh one of the things that we were opening up is we were talking about [01:40:39.360 --> 01:40:43.200] what the judges did with regards the assignment of their own [01:40:43.200 --> 01:40:46.640] personal friend as the social studies person [01:40:46.640 --> 01:40:50.800] and essentially the only thing that people can do since the judge usually [01:40:50.800 --> 01:40:54.160] bars them from bringing in their own psychiatrist [01:40:54.160 --> 01:40:58.400] or psychologist is to file what's called a dalbert motion [01:40:58.400 --> 01:41:02.160] the dalbert motion is a challenge to scientific evidence [01:41:02.160 --> 01:41:07.440] it makes the uh social studies worker have to validate that he's using [01:41:07.440 --> 01:41:11.600] acceptable scientific methods and approaches and [01:41:11.600 --> 01:41:14.960] techniques in dealing with writing the psychological [01:41:14.960 --> 01:41:19.200] report the social study for the children and the family [01:41:19.200 --> 01:41:25.200] 99 of them don't and i have it on good authority from one that knows how to do [01:41:25.200 --> 01:41:28.160] it right that they don't like the dalbert motions [01:41:28.160 --> 01:41:31.040] as a matter of fact most attorneys out there in texas [01:41:31.040 --> 01:41:35.920] that have taken family court cases will not file a dalbert motion because they [01:41:35.920 --> 01:41:39.520] know the judges frown upon it that's been [01:41:39.520 --> 01:41:44.640] been absolutely telegraphed and you can go through the transcripts of cases [01:41:44.640 --> 01:41:48.000] after cases after cases throughout the state and almost [01:41:48.000 --> 01:41:52.480] no one ever files a dalbert motion and it's the only way to save your [01:41:52.480 --> 01:41:59.040] bacon with regards to social studies uh the social studies people that uh [01:41:59.040 --> 01:42:04.720] so-called professionals that get called uh uh they get appointed by the judge [01:42:04.720 --> 01:42:08.560] if they get challenged to a dalbert motion will frequently [01:42:08.560 --> 01:42:13.200] uh move to uh uh refuse themselves from the case [01:42:13.200 --> 01:42:17.040] they'll leave the case because if they ever lose a dalbert motion [01:42:17.040 --> 01:42:20.640] and the judge rules or the appellate court rules [01:42:20.640 --> 01:42:24.960] subsequently that they didn't use standards and procedures and the [01:42:24.960 --> 01:42:29.200] scientific methods necessary for that profession they [01:42:29.200 --> 01:42:35.680] can't testify in any other case they lose their gravy train [01:42:37.600 --> 01:42:42.640] so the dalbert motion is absolutely no and i would tell anybody that's going [01:42:42.640 --> 01:42:46.720] through a divorce process right now that there's a couple books you need to [01:42:46.720 --> 01:42:49.280] get and one of them is the rules of civil [01:42:49.280 --> 01:42:53.200] procedure i recommend o'connor's because it's [01:42:53.200 --> 01:42:56.080] it's not called the rules of civil procedures it's called texas [01:42:56.080 --> 01:43:00.320] civil trials it includes the rules of civil procedure but o'connor's [01:43:00.320 --> 01:43:03.840] writes a good book it's published by jones and mcclure [01:43:03.840 --> 01:43:07.520] and i don't get a percentage of the profit it's just the best book out there [01:43:07.520 --> 01:43:12.080] it's a quick book guide for how to file lawsuits the problem that it doesn't [01:43:12.080 --> 01:43:16.080] address it doesn't address the sharp practices [01:43:16.080 --> 01:43:21.600] and the abuse of power by the courts it kind of skirts by those issues so what [01:43:21.600 --> 01:43:24.640] do you do when the judge doesn't want to follow a rule [01:43:24.640 --> 01:43:28.880] well the biggest thing is you've got to object to the failure to follow the rule [01:43:28.880 --> 01:43:32.320] and you've got to cite case law but that book [01:43:32.320 --> 01:43:36.320] is absolutely essential because you have to know the rules the other one is texas [01:43:36.320 --> 01:43:40.800] family code okay hang on we're about to go to break [01:43:40.800 --> 01:43:45.040] this is randy kelton we have our radio here with our special guest [01:43:45.040 --> 01:43:49.440] ben bangerson we think we're going into our last segment [01:43:49.440 --> 01:43:53.520] so i won't give out the phone number [01:43:53.760 --> 01:43:56.720] we'll be right back [01:44:00.240 --> 01:44:04.400] you feel tired when talking about important topics like money and politics [01:44:04.400 --> 01:44:07.760] are you confused by words like the constitution or the federal reserve [01:44:07.760 --> 01:44:11.760] what if so you may be diagnosed with the deadliest disease known today [01:44:11.760 --> 01:44:16.880] stupidity hi my name is steve holt and like millions of other americans i was [01:44:16.880 --> 01:44:21.360] diagnosed with stupidity at an early age i had no idea that the number one cause [01:44:21.360 --> 01:44:24.240] of the disease is found in almost every home in america [01:44:24.240 --> 01:44:28.240] the television unfortunately that puts most americans at risk of catching [01:44:28.240 --> 01:44:31.760] stupidity but there is hope the staff at brave new books have [01:44:31.760 --> 01:44:34.880] helped me and thousands of other foxaholics suffering from sports [01:44:34.880 --> 01:44:38.880] zombieism recover and because of brave new books i now enjoy reading [01:44:38.880 --> 01:44:42.000] and watching educational documentaries without feeling tired [01:44:42.000 --> 01:44:46.320] or uninterested so if you or anybody you know suffers from stupidity [01:44:46.320 --> 01:44:53.120] then you need to call 512-480-2503 or visit them in 1904 guadalupe or [01:44:53.120 --> 01:44:56.080] brave new bookstore.com side effects from using brave new books [01:44:56.080 --> 01:44:58.800] products may include discernment in enlarged vocabulary and an overall [01:44:58.800 --> 01:45:03.120] increase in mental functioning are you the plaintiff or defendant in [01:45:03.120 --> 01:45:06.400] a lawsuit win your case without an attorney with [01:45:06.400 --> 01:45:09.920] jurisdictionary the affordable easy to understand [01:45:09.920 --> 01:45:14.080] four cd course that will show you how in 24 hours [01:45:14.080 --> 01:45:19.360] step by step if you have a lawyer know what your lawyer should be doing [01:45:19.360 --> 01:45:23.280] if you don't have a lawyer know what you should do for yourself [01:45:23.280 --> 01:45:26.240] thousands have won with our step-by-step course [01:45:26.240 --> 01:45:31.280] and now you can too jurisdictionary was created by a licensed attorney [01:45:31.280 --> 01:45:34.720] with 22 years of case winning experience [01:45:34.720 --> 01:45:38.480] even if you're not in a lawsuit you can learn what everyone should [01:45:38.480 --> 01:45:42.720] understand about the principles and practices that control our american [01:45:42.720 --> 01:45:45.760] courts you'll receive our audio classroom [01:45:45.760 --> 01:45:49.840] video seminar tutorials forms for civil cases [01:45:49.840 --> 01:45:55.840] pro se tactics and much more please visit ruleoflawradio.com and click on [01:45:55.840 --> 01:46:03.200] the banner or call toll-free 866-LAW-EZ [01:46:26.400 --> 01:46:29.200] so [01:46:39.680 --> 01:46:46.560] okay we are back and we were talking about [01:46:46.560 --> 01:46:53.040] the tricks lawyers pull the legal term for this is [01:46:53.040 --> 01:46:59.680] schist or shenanigan [01:47:00.320 --> 01:47:05.440] it's sharp practices but [01:47:07.280 --> 01:47:13.120] the the issue of getting the the family code and the rules of civil [01:47:13.120 --> 01:47:16.160] procedure is so that you understand how the rule [01:47:16.160 --> 01:47:19.440] and the statute one is rules promulgated by the texas [01:47:19.440 --> 01:47:23.280] green court by permission of the legislature with the rules of civil [01:47:23.280 --> 01:47:26.960] procedure but the other book texas family code is [01:47:26.960 --> 01:47:30.880] statutory in nature and you get the legislature passed it so [01:47:30.880 --> 01:47:35.040] most of the bad stuff going on in court right now even though it's abused by the [01:47:35.040 --> 01:47:38.320] judges is being done because the legislature [01:47:38.320 --> 01:47:42.240] gave them a degree of power which they've [01:47:42.240 --> 01:47:46.640] expanded which is inappropriate [01:47:46.640 --> 01:47:49.760] and the legislature needs to change some of that [01:47:49.760 --> 01:47:55.760] but the biggest issues right now is that you have to do your research even [01:47:55.760 --> 01:47:58.960] if you have an attorney because the common practice we're [01:47:58.960 --> 01:48:01.840] seeing out there is attorneys will throw their clients [01:48:01.840 --> 01:48:06.480] under the bus and that's the term for you'll pay them [01:48:06.480 --> 01:48:10.240] in fees and they'll do nothing to preserve the error [01:48:10.240 --> 01:48:17.040] so the issue the issue like randy has said before [01:48:17.040 --> 01:48:20.480] the the primary issue is everything you do in the trial court [01:48:20.480 --> 01:48:24.320] is to dot your eyes cross your t's and make sure you preserve [01:48:24.320 --> 01:48:30.800] every issue for error or appeal because that's what's going to get [01:48:30.800 --> 01:48:34.480] them and [01:48:36.000 --> 01:48:40.080] the other thing is that i'm pretty much against mediated settlement agreements [01:48:40.080 --> 01:48:43.920] i've heard a number of bad horror stories about mediated settlement [01:48:43.920 --> 01:48:47.760] agreements i've heard stories of people being held [01:48:47.760 --> 01:48:53.920] hostage by the mediators and and browbeat all day long [01:48:53.920 --> 01:48:59.200] i've heard stories of people being forced to sign documents [01:48:59.200 --> 01:49:03.280] in order to have another day of hearings or or mediation [01:49:03.280 --> 01:49:07.520] and the issue is is that i've got one person that i actually saw this happen [01:49:07.520 --> 01:49:10.800] to where she was strict in deciding the agreement [01:49:10.800 --> 01:49:15.360] mediated settlement agreements circumvent the court you go back to the [01:49:15.360 --> 01:49:19.680] mediator for arbitration you don't go back to the court you have [01:49:19.680 --> 01:49:22.320] no ability to go back to the court an [01:49:22.320 --> 01:49:26.720] immediate settlement agreement so it doesn't give you any protection [01:49:26.720 --> 01:49:32.160] against abusive process once you've made the agreement [01:49:32.560 --> 01:49:37.280] so the only thing i can suggest at this point in time until i write my book on [01:49:37.280 --> 01:49:40.000] this is to do your homework and know what [01:49:40.000 --> 01:49:44.160] your lawyer is going to do and and live by the four rules that i [01:49:44.160 --> 01:49:47.120] have which is you know perception is everything [01:49:47.120 --> 01:49:52.080] everything's negotiable and everything needs to be in writing if it's not [01:49:52.080 --> 01:49:55.520] writing it didn't happen that includes correspondence and [01:49:55.520 --> 01:49:59.360] communication with your own attorney if your own attorney doesn't want to [01:49:59.360 --> 01:50:02.400] communicate with you that's one of the first red flags that [01:50:02.400 --> 01:50:04.720] your attorney isn't going to do the job for [01:50:04.720 --> 01:50:09.040] you he's doing a job for himself and then the last one is everything is [01:50:09.040 --> 01:50:12.000] political so the idea of looking at the courthouse [01:50:12.000 --> 01:50:16.240] and looking at cases that are there and seeing which attorneys are are [01:50:16.240 --> 01:50:21.280] preferred by the judges uh the issue is is to make sure that [01:50:21.280 --> 01:50:24.480] that you either have an attorney that's preferred by the judges [01:50:24.480 --> 01:50:28.480] but that's not necessarily a guarantee because occasionally these guys will [01:50:28.480 --> 01:50:30.960] throw their own clients under the under the bus [01:50:30.960 --> 01:50:35.280] in order to essentially absorb all of the community assets [01:50:35.280 --> 01:50:40.960] assets the uh the problem is this problem with divorce cases and [01:50:40.960 --> 01:50:44.960] custody is is a nationwide problem and nobody [01:50:44.960 --> 01:50:50.080] is addressing it it would be really nice if this next presidential election [01:50:50.080 --> 01:50:53.760] that the candidates actually address the problems that we have with the courts [01:50:53.760 --> 01:50:56.880] including and especially the family courts [01:50:56.880 --> 01:51:00.880] and so if anybody comes up with any great ideas on that i'm all ears [01:51:00.880 --> 01:51:05.440] when i went to australia i did some seminars down there [01:51:05.440 --> 01:51:09.920] they picked me up in sydney and as we approached the sydney bay bridge [01:51:09.920 --> 01:51:13.200] there's a guy up on the bridge with a big band up there [01:51:13.200 --> 01:51:17.920] decrying the corruption in the family courts [01:51:17.920 --> 01:51:21.360] everywhere we go it seems the family court is the most [01:51:21.360 --> 01:51:27.680] corrupt court in the country or at least it gives the impression of [01:51:27.680 --> 01:51:32.000] being the most corrupt i think it's opportunity it's the idea [01:51:32.000 --> 01:51:36.240] it's one of the few places where most litigants walk in and it's a fight over [01:51:36.240 --> 01:51:41.360] a contract or an issue and you usually don't get the look at [01:51:41.360 --> 01:51:46.240] the pockets of your opponent meaning you don't get to go through and say [01:51:46.240 --> 01:51:49.840] how much property do you have how much money do you have [01:51:49.840 --> 01:51:53.280] what resources do you have whereas in family court [01:51:53.280 --> 01:51:58.080] that's all the issue for divorce is all about what are your resources [01:51:58.080 --> 01:52:01.600] and then they determine how much you have to pay for child support [01:52:01.600 --> 01:52:05.440] is based on how much you earn so everybody in the courtroom including [01:52:05.440 --> 01:52:09.200] the opposing counsel can sit down on a spreadsheet and calculate [01:52:09.200 --> 01:52:12.880] exactly how long it will take you to run you out of money based on how much [01:52:12.880 --> 01:52:15.920] you're paying your attorney this is one of the few places where that [01:52:15.920 --> 01:52:21.920] occurs the other place is probate but this is where the opportunity for [01:52:21.920 --> 01:52:29.040] death here you have people that are uniquely vulnerable [01:52:29.040 --> 01:52:33.920] here you have people in the worst times of their lives [01:52:33.920 --> 01:52:39.520] and then these vulture lawyers come down for the singular purpose of swallowing [01:52:39.520 --> 01:52:42.880] everything these people have accumulated their whole life [01:52:42.880 --> 01:52:49.040] yes yes so and then there ought to be a special [01:52:49.040 --> 01:52:53.200] there there ought to be a really special crime [01:52:53.200 --> 01:52:57.440] category for this and these people need to go to jail for a long long time for [01:52:57.440 --> 01:53:00.880] what they're doing but part of this is going to be require [01:53:00.880 --> 01:53:04.160] that we get feedback from people that listen to the radio show [01:53:04.160 --> 01:53:09.040] and send emails and tell us your stories but the issue is is that we need this in [01:53:09.040 --> 01:53:11.760] order to go to the legislature to make a difference [01:53:11.760 --> 01:53:16.000] now just so everybody knows i met with a lot of legislators before the session [01:53:16.000 --> 01:53:20.720] started this last session in texas and had a lot of people really interested [01:53:20.720 --> 01:53:24.160] in doing things but we ran out of the ability to [01:53:24.160 --> 01:53:27.760] actually go down and talk to the legislators in Austin [01:53:27.760 --> 01:53:30.960] funding is always an issue that we're always short on [01:53:30.960 --> 01:53:35.440] and the issue is the other issue is that i'm always asking for copies of [01:53:35.440 --> 01:53:38.080] documents is i can't go in there and tell them a [01:53:38.080 --> 01:53:41.200] story if i come in and even though we've had people come on this [01:53:41.200 --> 01:53:44.640] the show and tell us what we believe are true stories [01:53:44.640 --> 01:53:48.240] the issue is is i can't walk into a legislator's office [01:53:48.240 --> 01:53:51.680] and tell him once upon a time john and his ex [01:53:51.680 --> 01:53:56.720] his ex-wife went into court and judge smith or judge jones did this and this [01:53:56.720 --> 01:53:59.600] and this that won't do it i got to bring them [01:53:59.600 --> 01:54:04.800] a story with case numbers i got to bring them determinations written by the judge [01:54:04.800 --> 01:54:08.880] i've got to show pleadings before the court i've got to prove [01:54:08.880 --> 01:54:12.880] that this has happened so the legislator will take it seriously [01:54:12.880 --> 01:54:17.760] everybody goes in and and you know pitches in complaints to their [01:54:17.760 --> 01:54:21.600] legislature they always go in and complain and it's always [01:54:21.600 --> 01:54:25.200] what i've always referred to is talking to your legislator or calling them on the [01:54:25.200 --> 01:54:30.160] phone is whining a proper complaint is done in [01:54:30.160 --> 01:54:34.160] writing so you have to have written documents [01:54:34.160 --> 01:54:37.760] to support the argument of need for change [01:54:37.760 --> 01:54:41.280] and reform that's some of the reforms that we need to do [01:54:41.280 --> 01:54:45.520] that we were talking about earlier about indigency is i think the indigency [01:54:45.520 --> 01:54:50.000] statute it needs to be a statute the requirement for indigency and how [01:54:50.000 --> 01:54:53.280] it's arrived at should be able to be arrived at by a [01:54:53.280 --> 01:54:56.800] separate process that doesn't involve the court [01:54:56.800 --> 01:55:01.040] that you're you're being dragged into that i would like the idea that a person [01:55:01.040 --> 01:55:07.280] could file an indigency statute uh petition to a jp court [01:55:07.280 --> 01:55:12.400] and go in there and argue that and then they find that your indigent [01:55:12.400 --> 01:55:15.680] this is just an example it's not necessarily what we'll do [01:55:15.680 --> 01:55:19.680] but then you could be declared indigent and you don't have to argue in front of [01:55:19.680 --> 01:55:23.600] a hostile court in family court where they're already going after you [01:55:23.600 --> 01:55:28.000] you know hammer and tong so the idea is to set up a [01:55:28.000 --> 01:55:32.560] de facto issue in which and there's got to be crimes that if the court or the [01:55:32.560 --> 01:55:36.160] district clerk or the court reporters ask for funding or [01:55:36.160 --> 01:55:40.080] payments that they're not entitled to they've committed a crime [01:55:40.080 --> 01:55:45.120] once they've committed a crime they are disqualified from the case [01:55:45.120 --> 01:55:48.880] so the other the other thing that's needed is the [01:55:48.880 --> 01:55:52.640] requirement for the opportunity for any party [01:55:52.640 --> 01:55:56.480] by notice to the court to bring their own court reporter there can't be any [01:55:56.480 --> 01:56:00.320] allowance for the court to have any discretion in not allowing you to bring [01:56:00.320 --> 01:56:03.520] your own court reporter long as there are a valid court reporter [01:56:03.520 --> 01:56:07.920] you know accredited and appropriately certified in the state [01:56:07.920 --> 01:56:11.760] that's it that's all the requirement is why should you have to use the courts [01:56:11.760 --> 01:56:15.040] the court's using theirs because they have these people under [01:56:15.040 --> 01:56:20.400] their thumb they will lie in transcripts the statute [01:56:20.400 --> 01:56:24.560] for court reporting in texas requires that they make a verbatim [01:56:24.560 --> 01:56:29.920] transcript but i have seen transcripts after transcript after transcript [01:56:29.920 --> 01:56:33.840] where the where when the judge says strike that [01:56:33.840 --> 01:56:37.200] the court reporter omits it from the record [01:56:37.200 --> 01:56:41.600] that's not what strike that means the court reporter is supposed to [01:56:41.600 --> 01:56:45.520] write down strike that and she's supposed to strike through it in the [01:56:45.520 --> 01:56:48.240] transcript to show that the judge ordered it [01:56:48.240 --> 01:56:53.040] stricken but on appeal a strikeout can be challenged that it [01:56:53.040 --> 01:56:55.680] wasn't appropriate it was abuse of discretion [01:56:55.680 --> 01:57:00.000] by the trial court judge but if the court reporter [01:57:00.000 --> 01:57:04.720] omits it from the record she's committed a crime [01:57:05.600 --> 01:57:09.920] and that's got to stop and we need to be able to document it [01:57:09.920 --> 01:57:14.240] absolutely i was i was in austin on a ticket [01:57:14.240 --> 01:57:19.920] and before the court started i asked the judge if i could ask the court reporter [01:57:19.920 --> 01:57:23.040] a question and he said well certainly i asked the [01:57:23.040 --> 01:57:28.320] court reporter do you have any hearing issues [01:57:28.320 --> 01:57:31.360] well no why would you say that i said well [01:57:31.360 --> 01:57:36.560] i have experience with court reporters that they tend to have selective hearing [01:57:36.560 --> 01:57:41.920] laws do you have any selective hearing laws [01:57:41.920 --> 01:57:49.280] and she was furious and the reason she was furious because [01:57:49.280 --> 01:57:55.200] was because i was right she knew exactly what i was talking about [01:57:55.200 --> 01:58:00.400] the judge says something stupid it somehow doesn't get in the record [01:58:00.400 --> 01:58:04.080] or does something really inappropriate it just seems to disappear from the [01:58:04.080 --> 01:58:07.280] record so they tend to have selective hearing [01:58:07.280 --> 01:58:10.880] laws but we are out of time the last order [01:58:10.880 --> 01:58:15.200] the last word for that is if anybody has a transcript like that you can ask the [01:58:15.200 --> 01:58:21.440] reporter to correct it write down verbatim indicate that there were omissions [01:58:21.840 --> 01:58:25.680] that's what you always do to any mistake made in court [01:58:25.680 --> 01:58:28.720] okay we are out of time this is randy captain [01:58:28.720 --> 01:58:32.560] we have our radio here with kit magnuson thank you all for listening [01:58:32.560 --> 01:58:36.160] we will all be back next week and i apologize for the [01:58:36.160 --> 01:58:41.760] archive yesterday we will try to avoid those at all costs thank you all for [01:58:41.760 --> 01:58:45.760] listening [01:58:50.320 --> 01:58:53.760] bibles for america is offering absolutely free [01:58:53.760 --> 01:58:57.840] a unique study bible called the new testament recovery version [01:58:57.840 --> 01:59:02.480] the new testament recovery version has over 9 000 footnotes that explain what [01:59:02.480 --> 01:59:06.880] the bible says verse by verse helping you to know god and to [01:59:06.880 --> 01:59:10.480] know the meaning of life order your free copy today from bibles [01:59:10.480 --> 01:59:16.720] for america call us toll free at 888-551-0102 [01:59:16.720 --> 01:59:22.880] or visit us online at bfa.org this translation is highly accurate [01:59:22.880 --> 01:59:26.160] and it comes with over 13 000 cross references [01:59:26.160 --> 01:59:30.240] plus charts and maps and an outline for every book of the bible [01:59:30.240 --> 01:59:34.480] this is truly a bible you can understand to get your free copy of the new [01:59:34.480 --> 01:59:37.120] testament recovery version call us toll free [01:59:37.120 --> 01:59:45.040] at 888-551-0102 that's 888-551-0102 [01:59:45.040 --> 01:59:51.120] or visit us online at bfa.org [01:59:51.120 --> 02:00:07.120] looking for some truth you found it logosradio network.com