[00:00.000 --> 00:07.760]  The following newsflash is brought to you by the Lone Star Lowdown, providing the jelly
[00:07.760 --> 00:15.400]  bulletins for the commodities market, today in history, news updates, and the inside scoop
[00:15.400 --> 00:23.320]  into the tides of the alternatives.
[00:23.320 --> 00:29.560]  Markets for the 16th of September, 2015, opened up with gold at $1,120.30 an ounce, silver
[00:29.560 --> 00:36.160]  at $14.94 an ounce, Texas crude at $44.59 a barrel, and Bitcoin is currently sitting
[00:36.160 --> 00:44.400]  at about 228 U.S. currency.
[00:44.400 --> 00:50.040]  Today in history, Sunday, September 16, 1810, Mexican Independence Day, El Grito de Dolores,
[00:50.040 --> 00:54.560]  or the Cry of Dolores, which was uttered from the cathedral in the small town of Dolores
[00:54.560 --> 01:00.520]  near Guanajuato, Mexico, decried by Miguel Hidalgo y Castilla, a Roman Catholic priest,
[01:00.520 --> 01:05.600]  took place around 6 a.m. as he ordered the church bells to be rung to gather his congregation.
[01:05.600 --> 01:07.920]  He addressed the people and encouraged them to revolt.
[01:07.920 --> 01:15.640]  El Grito was the declaration of the Mexican War of Independence.
[01:15.640 --> 01:20.520]  In recent news, the Federal Aviation Administration stated yesterday that it has set up no drone
[01:20.520 --> 01:26.480]  zones in Washington, D.C., New York, and Philadelphia for Pope Francis's papal visit from September
[01:26.480 --> 01:28.280]  22nd through the 27th.
[01:28.280 --> 01:32.320]  FAA Administrator Michael Huerta said in a note that if you plan to attend any of the
[01:32.320 --> 01:35.520]  papal visit events, please leave your drone at home.
[01:35.520 --> 01:39.840]  Anyone tempted to send their unmanned gadgets into the heavens during the banned period
[01:39.840 --> 01:47.520]  could face civil and criminal charges.
[01:47.520 --> 01:51.400]  A GoPro camera that was launched into space by students at Stanford University near the
[01:51.400 --> 01:55.920]  Grand Canyon in June of 2013, tethered to a high-altitude weather balloon to gather
[01:55.920 --> 02:01.120]  data for Brian Chan's aerospace engineering dissertation, was lost for nearly two years.
[02:01.120 --> 02:05.440]  An Arizona hiker who found the camera and phone back in March, who happened to be an
[02:05.440 --> 02:09.500]  AT&T employee, was able to identify the owner using the SIM card.
[02:09.500 --> 02:13.520]  Chan posted the video from the camera to YouTube last Thursday, and as of today, the video
[02:13.520 --> 02:21.100]  has more than three and a half million views.
[02:21.100 --> 02:24.720]  Police officers Michael McGovern and Cameron Beckham were working off-duty security at
[02:24.720 --> 02:30.480]  a construction site on understate 35 overnight and decided to grab a bite to eat at the Waterburger
[02:30.480 --> 02:33.000]  on Main Street in Louisville, Texas.
[02:33.000 --> 02:36.320]  That's when a guy behind the counter told them that they didn't serve police officers
[02:36.320 --> 02:37.320]  there.
[02:37.320 --> 02:40.040]  The two officers thought he was joking, but he didn't say anything else.
[02:40.040 --> 02:43.680]  They ended up leaving, went across the street to the Dairy Queen instead.
[02:43.680 --> 02:46.720]  However, they did go back to file a complaint.
[02:46.720 --> 02:50.040]  The employee who identified himself as a manager was fired.
[02:50.040 --> 03:19.000]  The Waterburger has offered an official apology.
[03:19.000 --> 03:34.840]  Okay.
[03:34.840 --> 03:35.840]  We are back.
[03:35.840 --> 03:41.080]  Brandy Kelton moved our radio and we're talking to Zsa Zsa in New York, and my producer told
[03:41.080 --> 03:43.440]  me I missed something.
[03:43.440 --> 03:51.440]  And I said, send it to the defendant, and you questioned that and I missed it.
[03:51.440 --> 04:00.440]  Yes, you would send your offer to mediate to the lawyers, through the lawyers, but send
[04:00.440 --> 04:07.520]  it addressed to the defendant so it's clear you're speaking to the defendant, not the
[04:07.520 --> 04:08.520]  lawyers.
[04:08.520 --> 04:09.520]  Oh, gotcha.
[04:09.520 --> 04:19.160]  Yeah, so the lawyers, you don't know if they're actually communicating your offer to settle
[04:19.160 --> 04:23.440]  with their client or not, because they're building the crap out of their client.
[04:23.440 --> 04:27.000]  They're making a lot of money.
[04:27.000 --> 04:31.200]  So you want to make sure your lawyer gets your offer.
[04:31.200 --> 04:37.320]  And you know, you might tell, you know, might put in there, you know, if I win, if we file
[04:37.320 --> 04:42.440]  this, if I file this appeal, if I win the appeal, we're going back to the trial court.
[04:42.440 --> 04:46.160]  And then even if I win in the trial court, we're going back to the appeal because you're
[04:46.160 --> 04:47.160]  going to appeal.
[04:47.160 --> 04:52.720]  And then you're going to go back to the trial court, it's going to cost a whole lot of money.
[04:52.720 --> 04:55.240]  Let's make a deal, make this go away and everybody go back to their lives.
[04:55.240 --> 04:59.920]  There's a good chance at this point, you know, it's got to be clear to the other side that
[04:59.920 --> 05:02.600]  you're not going to be an easy win.
[05:02.600 --> 05:03.600]  Right.
[05:03.600 --> 05:10.520]  So if I give them an offer in that letter, go ahead, sorry.
[05:10.520 --> 05:12.720]  Give them a number of more than you accept.
[05:12.720 --> 05:13.720]  Okay.
[05:13.720 --> 05:14.720]  This is a negotiation.
[05:14.720 --> 05:15.720]  Right.
[05:15.720 --> 05:23.240]  Because they're going to try to come down no matter what, you know.
[05:23.240 --> 05:28.440]  As a matter of course, they're going to cut it in half.
[05:28.440 --> 05:36.040]  So if you want 30, ask for 60, they may offer you 45, you don't know.
[05:36.040 --> 05:37.040]  Exactly.
[05:37.040 --> 05:38.040]  Right.
[05:38.040 --> 05:40.640]  But at least I can give them the opportunity to work it out.
[05:40.640 --> 05:45.440]  But they could try to say, well, the judge said that leave to amend will not be granted
[05:45.440 --> 05:50.440]  and I didn't state my claims, right, because they're trying to say about personal jurisdiction,
[05:50.440 --> 05:53.000]  but it's a copyright infringement case.
[05:53.000 --> 05:55.000]  It should be, you know, it's a public...
[05:55.000 --> 05:56.000]  Oh, wait a minute.
[05:56.000 --> 05:57.000]  No personal jurisdiction.
[05:57.000 --> 05:59.240]  That's good.
[05:59.240 --> 06:03.480]  That means he was dismissed because you filed in the wrong court.
[06:03.480 --> 06:04.480]  Is that what they're saying?
[06:04.480 --> 06:05.480]  Yeah.
[06:05.480 --> 06:09.040]  And then he said that on district courts...
[06:09.040 --> 06:10.040]  So good.
[06:10.040 --> 06:13.440]  You just filed in the right court.
[06:13.440 --> 06:14.440]  No.
[06:14.440 --> 06:16.920]  But then he said he stopped that.
[06:16.920 --> 06:20.680]  He said that there's no reason to believe that the deficiencies in Gordon's claim will
[06:20.680 --> 06:25.160]  be cured through re-fleeting her claims fail, not because she has fled them incorrectly
[06:25.160 --> 06:29.480]  or in our fleet, but because there is simply no meaningful similarity between her photograph
[06:29.480 --> 06:34.200]  and the alleging of infringing energy in his opinion, okay, not for the experts that needed
[06:34.200 --> 06:35.800]  for the visual archipelago case.
[06:35.800 --> 06:43.160]  The defect is not susceptible to cure while re-fleeting would be futile, leave to...
[06:43.160 --> 06:44.680]  So wait, wait, wait.
[06:44.680 --> 06:46.680]  So he dismissed with prejudice?
[06:46.680 --> 06:53.200]  Well, he said it's, I guess, it's a personal jurisdiction.
[06:53.200 --> 06:55.320]  Leave to amend will not be granted.
[06:55.320 --> 06:57.080]  That's what it was.
[06:57.080 --> 06:59.080]  But then I got a...
[06:59.080 --> 07:00.080]  Wait a minute.
[07:00.080 --> 07:02.920]  That doesn't make sense.
[07:02.920 --> 07:10.920]  If the court let in personam jurisdiction over a party, amending is not something that's
[07:10.920 --> 07:13.880]  amenable to the court.
[07:13.880 --> 07:16.800]  You can't amend that.
[07:16.800 --> 07:19.440]  That would have to be a new suit.
[07:19.440 --> 07:27.640]  So his denial of leave to amend, that has to go to other issues, not the lack of in personam
[07:27.640 --> 07:28.640]  jurisdiction.
[07:28.640 --> 07:29.640]  Okay.
[07:29.640 --> 07:35.880]  We're just trying to see if there wasn't enough similarity.
[07:35.880 --> 07:40.960]  That goes to the issue that's separate from in personam jurisdiction.
[07:40.960 --> 07:47.860]  He's saying he doesn't have jurisdiction over the litigant.
[07:47.860 --> 07:54.640]  So as to that litigant, he cannot go to demerits.
[07:54.640 --> 07:56.680]  So did you only have one litigant?
[07:56.680 --> 07:58.680]  No, there was two.
[07:58.680 --> 08:01.440]  There was a person and then there was a company.
[08:01.440 --> 08:02.440]  Okay.
[08:02.440 --> 08:08.200]  So the person was the one that was dismissed based on lack of in personam?
[08:08.200 --> 08:09.200]  Yes.
[08:09.200 --> 08:15.280]  But he runs a company and he runs his business throughout the internet.
[08:15.280 --> 08:18.000]  So his video appeared on YouTube in New York.
[08:18.000 --> 08:27.320]  It shows up on VH1 in New York, in his laws that I already cited, that statutes that already
[08:27.320 --> 08:29.760]  equate to the fact that he's already- Wait a minute.
[08:29.760 --> 08:30.760]  Okay.
[08:30.760 --> 08:31.760]  I think I understand now.
[08:31.760 --> 08:34.560]  He is the head of the company.
[08:34.560 --> 08:36.780]  You named him and the company.
[08:36.780 --> 08:46.960]  So dismissing him personally, they're saying, I don't understand how the judge can rule
[08:46.960 --> 08:53.640]  that, the in personam, did you allege that he personally did something?
[08:53.640 --> 09:00.440]  Well, he was a creative director, so he must have looked, so he looked at, I mean, he obviously
[09:00.440 --> 09:01.440]  looked at the work.
[09:01.440 --> 09:02.440]  Yeah.
[09:02.440 --> 09:03.440]  Okay.
[09:03.440 --> 09:08.040]  So you can't see why the judge dismissed him.
[09:08.040 --> 09:12.200]  You would be claiming him as respondeat superior.
[09:12.200 --> 09:19.400]  So you can't claim that he actually had direct hands on to what was done here.
[09:19.400 --> 09:21.120]  It may have been someone under him.
[09:21.120 --> 09:26.240]  Well, he admits that he did though, and probably he admits that he does.
[09:26.240 --> 09:29.200]  He did design the campaign.
[09:29.200 --> 09:33.600]  Well, then that's certainly something you should appeal.
[09:33.600 --> 09:34.600]  Okay.
[09:34.600 --> 09:35.600]  Yeah.
[09:35.600 --> 09:39.560]  He says that he's the creative director, I mean, and then it should-
[09:39.560 --> 09:42.440]  So- Well, I'm saying I could appeal and I could
[09:42.440 --> 09:47.240]  point out all of these errors of the judge and go to the appellate court like I did the
[09:47.240 --> 09:51.360]  last time and cite all the deficiencies.
[09:51.360 --> 09:55.400]  But- That's going to be a big fight.
[09:55.400 --> 09:56.400]  Let me suggest.
[09:56.400 --> 09:57.400]  Yeah.
[09:57.400 --> 10:04.400]  And file a notice of intent to appeal, and that's simple enough.
[10:04.400 --> 10:10.880]  You don't have to argue your appeal in that, but once you file the notice of intent, that
[10:10.880 --> 10:15.000]  tells the other side that you're going to prepare an appeal and they're going to have
[10:15.000 --> 10:19.160]  to prepare a rebuttal to your appeal.
[10:19.160 --> 10:27.920]  You can go to them and ask for a deal.
[10:27.920 --> 10:28.920]  Okay.
[10:28.920 --> 10:31.960]  So after I file the notice of intent to appeal, that's what I was looking for, was like the
[10:31.960 --> 10:33.640]  what step am I at now?
[10:33.640 --> 10:39.720]  And how much of- Oh, I have to write actually when I write the reason for my appeal.
[10:39.720 --> 10:42.240]  No, no, no, no, no.
[10:42.240 --> 10:47.280]  You just, all it says is I hereby give notice to the court of my intention to appeal.
[10:47.280 --> 10:48.280]  That's it.
[10:48.280 --> 10:49.280]  Okay.
[10:49.280 --> 10:52.880]  That's all that is.
[10:52.880 --> 11:00.360]  Then you get, I think, 60 days if normally it's about 60 days to write your appeal.
[11:00.360 --> 11:08.480]  And then you file it and then the other side again, 60 to 90 days to write their own brief.
[11:08.480 --> 11:13.200]  And that's what's really going to cost them a lot of money is writing the briefs.
[11:13.200 --> 11:16.000]  The real work is done in the appellate court.
[11:16.000 --> 11:18.400]  The real cost is in the appellate court.
[11:18.400 --> 11:24.120]  They're going to have to hire a different set of lawyers that specialize in appeals
[11:24.120 --> 11:26.520]  and they cost a lot more money.
[11:26.520 --> 11:29.800]  So their cost is about to go up considerable.
[11:29.800 --> 11:34.480]  But I, the last case I had them pay almost $100,000.
[11:34.480 --> 11:39.920]  They said publicly that I have cost them over 500, half a million dollars between all of
[11:39.920 --> 11:40.920]  the defendants.
[11:40.920 --> 11:47.200]  They'd go to them and offer to appeal and then, I mean offer to mediate the case and
[11:47.200 --> 11:53.600]  then when they don't ask the appeals court to prefer sanctions against them for failing
[11:53.600 --> 11:56.040]  to mediate.
[11:56.040 --> 12:00.000]  And the appeals court is going to say, well, we can't rule on that.
[12:00.000 --> 12:01.000]  You don't care.
[12:01.000 --> 12:04.960]  You're getting to tell the appeals court, I'm trying to make this go away, but they're
[12:04.960 --> 12:05.960]  intractable.
[12:05.960 --> 12:11.760]  Now, some lawyers may call that improperly influencing the court.
[12:11.760 --> 12:15.840]  That life is tough.
[12:15.840 --> 12:20.840]  It's like when the lawyer says something improper in court and the judge tells the jury to ignore
[12:20.840 --> 12:21.840]  that.
[12:21.840 --> 12:26.400]  Yeah, appeals court, ignore that.
[12:26.400 --> 12:29.400]  But push the mediation.
[12:29.400 --> 12:32.800]  Courts don't like to have to try this stuff.
[12:32.800 --> 12:39.800]  When they see a litigant that's going to spend this much more money to fight you rather than
[12:39.800 --> 12:43.960]  just make a deal and make this go away, they're not going to be happy with them.
[12:43.960 --> 12:45.960]  You have a better chance of winning.
[12:45.960 --> 12:50.040]  In the end, it's all about the politics.
[12:50.040 --> 12:51.040]  Absolutely.
[12:51.040 --> 12:54.640]  Or they'll make it count because it's not going to cost me anything.
[12:54.640 --> 12:55.640]  I'd be indigent anyway.
[12:55.640 --> 13:01.000]  I can't afford a lawyer and it's fine because I feel stronger enough and know more about
[13:01.000 --> 13:05.640]  how I feel than the average lawyer, but I know more about how I feel than this stupid
[13:05.640 --> 13:06.640]  judge.
[13:06.640 --> 13:07.920]  Yeah, you do.
[13:07.920 --> 13:13.000]  You've already demonstrated that you're prepared to cost them a lot of money, and if they've
[13:13.000 --> 13:18.440]  admitted you've cost them a half a million, then ask them for a hundred grand.
[13:18.440 --> 13:21.080]  Not these guys, defendants.
[13:21.080 --> 13:26.960]  The last case I was in prior to this, a couple of years ago, they admitted that I was screaming
[13:26.960 --> 13:32.600]  bloody murder, that I was costing all five defendants, lawyers, a total of half a million
[13:32.600 --> 13:33.600]  dollars.
[13:33.600 --> 13:40.560]  This is one plaintiff, so then I'll go after $100,000 by the time I get through with them.
[13:40.560 --> 13:46.280]  Even if I win a dime or nothing, I get bills on my face that I can't pay, that I wouldn't
[13:46.280 --> 13:50.960]  be able to pay, that I wouldn't have to pay because I'm already pro se and going in as
[13:50.960 --> 13:51.960]  indigent.
[13:51.960 --> 13:54.960]  I did this free.
[13:54.960 --> 14:00.360]  So, you're going to cost them a lot of money, and it's not going to cost you a lot of money,
[14:00.360 --> 14:10.160]  so you're in a real good position to negotiate a settlement, and give them for double what
[14:10.160 --> 14:14.760]  you would settle for and see if you can get a response.
[14:14.760 --> 14:18.360]  They're probably not going to want to have to write an appeal.
[14:18.360 --> 14:19.360]  Right.
[14:19.360 --> 14:24.080]  I mean, they obviously were trying to get sanctions to shut me up.
[14:24.080 --> 14:25.760]  They didn't get it.
[14:25.760 --> 14:30.320]  The judge aired all over his paper, and I think he did that kind of like, like you always
[14:30.320 --> 14:34.960]  say, they don't give you 100% of what you want, they give you a little bit, and I give
[14:34.960 --> 14:35.960]  you a little bit.
[14:35.960 --> 14:40.680]  So, he left himself open enough, and I don't think he wanted to make too many copyright
[14:40.680 --> 14:46.640]  infringement decisions with his name, who never made a copyright decision in his life.
[14:46.640 --> 14:49.080]  So, I read all of his cases.
[14:49.080 --> 14:55.600]  Let me make a suggestion, that in listening to all this, and these guys are spending a
[14:55.600 --> 15:05.280]  lot of money not to negotiate with you, how about if you talk to a lawyer and see if a
[15:05.280 --> 15:11.520]  lawyer will go in and mediate a settlement for you?
[15:11.520 --> 15:15.200]  They will talk to a lawyer when they won't talk to you.
[15:15.200 --> 15:21.080]  Yeah, but the problem is these lawyers, okay, that's true, you're right, but I don't know
[15:21.080 --> 15:23.760]  any lawyer that's going to want to do that for me.
[15:23.760 --> 15:27.160]  Oh, lawyers love to do this kind of stuff.
[15:27.160 --> 15:33.640]  You give him a percentage on what he can get for you, take what you want, add his percentage
[15:33.640 --> 15:41.520]  to it, tell him, if you can get me 45, you keep 15.
[15:41.520 --> 15:44.000]  He's not going to trial, he's not doing any of that kind of stuff.
[15:44.000 --> 15:46.800]  He's just mediating a deal.
[15:46.800 --> 15:49.600]  Lawyers love to do that stuff.
[15:49.600 --> 15:53.080]  I have a friend, I have the lawyer that handled my last case, I'm friends with him, he's not
[15:53.080 --> 15:56.880]  practicing as a lawyer anymore, but he's a lawyer, but he was, I think he collided with
[15:56.880 --> 15:57.880]  the law, big box.
[15:57.880 --> 16:02.080]  This is perfect, this is perfect for him.
[16:02.080 --> 16:05.200]  He's got the bar cards, so they'll talk to him.
[16:05.200 --> 16:08.200]  They don't want to- 15%, you think it's good, it's there?
[16:08.200 --> 16:09.200]  15% is there, right?
[16:09.200 --> 16:12.200]  Wait, I couldn't understand that.
[16:12.200 --> 16:15.400]  He said 15% is there, right?
[16:15.400 --> 16:17.400]  Yeah, that's fair.
[16:17.400 --> 16:23.800]  Actually, generally they want, if they handle a case for you on-
[16:23.800 --> 16:26.880]  Exactly, it's pro bono.
[16:26.880 --> 16:32.720]  It's 33% usually if they handle the case, and you're just asking him to go in and mediate
[16:32.720 --> 16:33.720]  a deal.
[16:33.720 --> 16:34.720]  15 is really good money.
[16:34.720 --> 16:35.720]  Yeah, so he might want to do that.
[16:35.720 --> 16:42.720]  Once he finds out that it wasn't really trapped, as much as he's trying to laugh, that's a
[16:42.720 --> 16:43.720]  good idea.
[16:43.720 --> 16:44.720]  Thank you, Randy, so much.
[16:44.720 --> 16:45.720]  Have a good night.
[16:45.720 --> 16:46.720]  Thank you.
[16:46.720 --> 16:47.720]  Thank you, Zaja.
[16:47.720 --> 16:48.720]  Keep us up to date on what happens.
[16:48.720 --> 16:49.720]  I will.
[16:49.720 --> 16:50.720]  I will.
[16:50.720 --> 16:51.720]  Thank you so much.
[16:51.720 --> 16:52.720]  Okay, now we're going-
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[19:29.640 --> 19:37.640]  and the LogosRadioNetwork.com.
[20:00.640 --> 20:05.640]  OK, we are back.
[20:05.640 --> 20:09.640]  We're back from falling off the cliff on that last outro.
[20:09.640 --> 20:11.640]  At least I've been consistent today.
[20:11.640 --> 20:14.640]  I think I've missed every outro.
[20:14.640 --> 20:20.640]  So, whenever she's this, I'm likely to do the next show without any skin because she's
[20:20.640 --> 20:22.640]  going to skin me alive.
[20:22.640 --> 20:24.640]  Because I deserve it.
[20:24.640 --> 20:29.640]  Hello, Mark, what do you have for us today?
[20:29.640 --> 20:34.640]  Have you been skinning some lawyers?
[20:34.640 --> 20:37.640]  I don't hear Mark in Wisconsin.
[20:37.640 --> 20:45.640]  Do you have your mic turned on or did I put you to sleep?
[20:45.640 --> 20:49.640]  OK, we'll try Mark a little later.
[20:49.640 --> 20:51.640]  Maybe he stepped away from the mic or something.
[20:51.640 --> 20:53.640]  OK, we're going to Charles in Georgia.
[20:53.640 --> 20:55.640]  Hello, Charles.
[20:55.640 --> 20:57.640]  Hey, Randy, how's it going, buddy?
[20:57.640 --> 20:59.640]  It's going good.
[20:59.640 --> 21:02.640]  What do you have for us today?
[21:02.640 --> 21:08.640]  OK, I called yesterday about the friend of the court issue.
[21:08.640 --> 21:14.640]  Yes, an amicus curiae.
[21:14.640 --> 21:17.640]  That's correct.
[21:17.640 --> 21:24.640]  It's about the family court child attorney issue and I was wondering what should I do
[21:24.640 --> 21:30.640]  and you told me what I need to do is look in the record and see where it has been filed yet.
[21:30.640 --> 21:35.640]  OK, you sent me an email to that effect and you looked in the record.
[21:35.640 --> 21:42.640]  They showed a service, but they showed no return on the service.
[21:42.640 --> 21:47.640]  So the record is before the court that you were not served.
[21:47.640 --> 21:49.640]  Correct.
[21:49.640 --> 22:02.640]  So you should be able to file a motion for reconsideration based on lack of service.
[22:02.640 --> 22:04.640]  OK, so nothing has happened.
[22:04.640 --> 22:08.640]  There has been no action taken against me as of yet.
[22:08.640 --> 22:18.640]  The only thing that has happened is they scheduled me for a paternity test,
[22:18.640 --> 22:25.640]  which I got that letter, but like I said, there has been no action taken as of yet.
[22:25.640 --> 22:29.640]  OK, well, I have a question.
[22:29.640 --> 22:39.640]  So this is a woman that you knew and she's claiming that you have a child by her that you didn't know about.
[22:39.640 --> 22:40.640]  That's correct.
[22:40.640 --> 22:44.640]  How old is the child?
[22:44.640 --> 22:49.640]  It's four years old.
[22:49.640 --> 22:56.640]  Four years old, she has denied you your child for four years?
[22:56.640 --> 23:00.640]  That's correct. That is correct.
[23:00.640 --> 23:08.640]  I would be very, very upset about that and I would feel very damaged by that.
[23:08.640 --> 23:12.640]  If I had a child, I would want to know about it.
[23:12.640 --> 23:23.640]  And now she's going to come along and try to extract child support from you for a child that she secreted from you for all this time.
[23:23.640 --> 23:26.640]  There we go. Now you get my point.
[23:26.640 --> 23:28.640]  OK.
[23:28.640 --> 23:39.640]  Do you have an objection to this request in this order to take a paternity test?
[23:39.640 --> 23:41.640]  I do have an objection.
[23:41.640 --> 23:43.640]  I'm here in Georgia.
[23:43.640 --> 23:46.640]  I haven't filed an objection as of yet.
[23:46.640 --> 23:51.640]  I needed to call you and figure out what in the hell I need to do.
[23:51.640 --> 23:59.640]  OK. What is your objection to a maternity test?
[23:59.640 --> 24:15.640]  Well, my objection is four years ago this child was born and my telephone number hasn't changed.
[24:15.640 --> 24:24.640]  Now here it is four years later and it's actually over, it's actually passed four years, a little more than four years.
[24:24.640 --> 24:32.640]  Now I'm getting this letter and I'm being served.
[24:32.640 --> 24:36.640]  Wait a minute, you're being served with what?
[24:36.640 --> 24:46.640]  Well, I'm being served by this medicine prosecutor with this appointment to take this test.
[24:46.640 --> 24:47.640]  Oh, OK.
[24:47.640 --> 24:55.640]  So my question still is what is your objection to a paternity test?
[24:55.640 --> 25:01.640]  Is it just that you're being forced to or do you not want to take one at all?
[25:01.640 --> 25:08.640]  Yes. Well, what is it?
[25:08.640 --> 25:18.640]  You indicated in your email that you didn't have any children prior to this and you like the idea of having a child.
[25:18.640 --> 25:27.640]  And as I look at this, you have a strong claim against the mother.
[25:27.640 --> 25:31.640]  That is what I'm looking for.
[25:31.640 --> 25:37.640]  Would you be interested in custody?
[25:37.640 --> 25:39.640]  Yes.
[25:39.640 --> 25:45.640]  Then you have a strong case for custody.
[25:45.640 --> 25:53.640]  You've been denied access to your child and from my experience the most fun time of their life.
[25:53.640 --> 25:57.640]  And she stole that from you.
[25:57.640 --> 26:07.640]  So she may have opened up for herself as a very large can of worms.
[26:07.640 --> 26:17.640]  But I guess my point here is think over carefully what you want at the end of the day.
[26:17.640 --> 26:21.640]  And I understand that we don't like being put upon.
[26:21.640 --> 26:30.640]  We don't like being ordered to do something, especially when we feel like we've been bushwhacked.
[26:30.640 --> 26:36.640]  But before you take an action, before you decide on something,
[26:36.640 --> 26:46.640]  sit back and ask yourself at the end of the day, what would be a good outcome for me?
[26:46.640 --> 26:52.640]  What would be the best outcome that I could achieve?
[26:52.640 --> 26:57.640]  What do you really want?
[26:57.640 --> 27:05.640]  And then once you've decided on that, then sit back and ask yourself what you really want to do.
[27:05.640 --> 27:15.640]  Sometimes to do what I do, I go after these public officials, and they do things that really annoy me.
[27:15.640 --> 27:22.640]  I had a bailiff once drag me out of the courthouse, knock me down, break my elbow.
[27:22.640 --> 27:25.640]  And that really hurt.
[27:25.640 --> 27:31.640]  And it was embarrassing and it was insulting.
[27:31.640 --> 27:37.640]  And I really wanted to let him know how to cow ate the cabbage.
[27:37.640 --> 27:42.640]  But I had this outcome in mind.
[27:42.640 --> 27:46.640]  I had a place I was trying to get to.
[27:46.640 --> 27:56.640]  And I had to ask myself, if I go after this bailiff, will it lead me to the outcome I'm trying to achieve?
[27:56.640 --> 28:04.640]  And there was just no way that I could frame it to where it would lead me closer to my outcome.
[28:04.640 --> 28:07.640]  As a matter of fact, no matter what I did to the bailiff,
[28:07.640 --> 28:13.640]  everything indicated that it would lead me away from my intended outcome.
[28:13.640 --> 28:16.640]  So I didn't go after the bailiff.
[28:16.640 --> 28:20.640]  I didn't do what I felt like doing, what I wanted really bad to do.
[28:20.640 --> 28:28.640]  And that gained me more credibility than anything I could have done.
[28:28.640 --> 28:33.640]  I see this bailiff today, and he knows that I saved his career.
[28:33.640 --> 28:41.640]  And everybody in the courthouse knows I saved his career, even after he did something really, really stupid.
[28:41.640 --> 28:47.640]  It got me a lot farther toward my outcome.
[28:47.640 --> 28:53.640]  So at the end of the day, Charles, what do you want?
[28:53.640 --> 28:59.640]  And that was a rhetorical question, not a question we should answer quickly.
[28:59.640 --> 29:05.640]  And anybody else who is, you get in a fight with the system.
[29:05.640 --> 29:12.640]  And if we don't very carefully define what we want,
[29:12.640 --> 29:17.640]  we wind up reacting and responding to what people are doing.
[29:17.640 --> 29:23.640]  And then it becomes about the fight and not about any outcome.
[29:23.640 --> 29:27.640]  And when it comes about the fight, we will always lose.
[29:27.640 --> 29:30.640]  How many people you hear calling into this station?
[29:30.640 --> 29:36.640]  You listen to what they're doing, and they're fighting because they're angry.
[29:36.640 --> 29:40.640]  And everything they do leads to more fights and more fights and more fights,
[29:40.640 --> 29:45.640]  and you just wind up getting buried down in a quagmire.
[29:45.640 --> 29:48.640]  A defined outcome will protect you from all of that.
[29:48.640 --> 29:53.640]  And it does something else that's really powerful that I'll address when we come back on the other side.
[29:53.640 --> 29:57.640]  Hang on, Charles, we'll be right back.
[29:57.640 --> 30:00.640]  Well, I'm out of time.
[30:00.640 --> 30:04.640]  A top cybersecurity expert has a warning for America.
[30:04.640 --> 30:08.640]  If you build an electrical smart grid, the hackers will come,
[30:08.640 --> 30:11.640]  and they could cause a catastrophic blackout.
[30:11.640 --> 30:15.640]  I'm Dr. Catherine Albrecht, back with the shocking details in a moment.
[30:15.640 --> 30:17.640]  Privacy is under attack.
[30:17.640 --> 30:21.640]  When you give up data about yourself, you'll never get it back again.
[30:21.640 --> 30:26.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:26.640 --> 30:31.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.640 --> 30:34.640]  Privacy, it's worth hanging on to.
[30:34.640 --> 30:37.640]  This message is brought to you by StartPage.com,
[30:37.640 --> 30:41.640]  the private search engine alternative to Google, Yahoo, and Bing.
[30:41.640 --> 30:45.640]  Start over with StartPage.
[30:45.640 --> 30:49.640]  Governments love power, so it's only natural they'd want to control the power
[30:49.640 --> 30:52.640]  coming into your home too with a smart grid.
[30:52.640 --> 30:55.640]  So they're installing a national network of smart meters
[30:55.640 --> 30:59.640]  to remotely monitor electric use for efficiency and avoid grid failure.
[30:59.640 --> 31:03.640]  But cybersecurity expert David Chalk says not so fast.
[31:03.640 --> 31:06.640]  If we make the national power grid controllable through the web,
[31:06.640 --> 31:08.640]  hackers will have a field day.
[31:08.640 --> 31:12.640]  Working remotely, they could tap in and black out the entire nation,
[31:12.640 --> 31:15.640]  leaving us vulnerable to our enemies.
[31:15.640 --> 31:18.640]  I'd long oppose smart meters for privacy and health reasons.
[31:18.640 --> 31:21.640]  But catastrophic failures caused by hackers?
[31:21.640 --> 31:23.640]  There's nothing smart about that.
[31:23.640 --> 31:52.640]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[32:02.640 --> 32:06.640]  Rule of Law Radio is proud to offer the rule of law traffic seminar.
[32:06.640 --> 32:08.640]  In today's America, we live in an us-against-them society,
[32:08.640 --> 32:10.640]  and if we the people are ever going to have a free society,
[32:10.640 --> 32:13.640]  then we're going to have to stand and defend our own rights.
[32:13.640 --> 32:16.640]  Among those rights are the right to travel freely from place to place,
[32:16.640 --> 32:18.640]  the right to act in our own private capacity,
[32:18.640 --> 32:20.640]  and most importantly, the right to due process of law.
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[32:23.640 --> 32:26.640]  to learn how to enforce and preserve our rights through due process.
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[32:29.640 --> 32:32.640]  has put together the most comprehensive teaching tool available
[32:32.640 --> 32:34.640]  that will help you understand what due process is
[32:34.640 --> 32:36.640]  and how to hold the courts to the rule of law.
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[32:38.640 --> 32:41.640]  by going to ruleoflawradio.com and ordering your copy today.
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[32:43.640 --> 32:46.640]  The Texas Transportation Code, The Law Versus the Lie,
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[32:58.640 --> 33:25.640]  that you want and deserve.
[33:25.640 --> 33:29.640]  We are back, Randy Kelton, Rule of Law Radio,
[33:29.640 --> 33:33.640]  and we're talking to Charles in Georgia.
[33:33.640 --> 33:40.640]  There's another reason for setting a specific goal.
[33:40.640 --> 33:45.640]  And we deal with a lot of people here who are in a lot of stress
[33:45.640 --> 33:51.640]  because these situations are extremely stressful.
[33:51.640 --> 33:56.640]  And when we're under stress, we don't react and respond as elegantly
[33:56.640 --> 34:01.640]  as we would often like to.
[34:01.640 --> 34:06.640]  If in these situations you set yourself a specific goal,
[34:06.640 --> 34:10.640]  you define what you want in the end,
[34:10.640 --> 34:16.640]  then when these lawyers who are very good at confrontation,
[34:16.640 --> 34:22.640]  they're very good at getting people to do little emotional dances for them.
[34:22.640 --> 34:25.640]  They know how to push your buttons, hurt your feelings,
[34:25.640 --> 34:28.640]  make you feel betrayed, get you angry,
[34:28.640 --> 34:33.640]  and get you reacting and responding in ways that are not beneficial.
[34:33.640 --> 34:39.640]  When you have a specific goal and you hold that in front of you all the time
[34:39.640 --> 34:43.640]  and measure each of your actions relative to that goal,
[34:43.640 --> 34:54.640]  it causes you to react and respond to a set of criteria that are not obvious.
[34:54.640 --> 35:01.640]  And it makes people crazy, especially if it's people who's trying to manipulate you
[35:01.640 --> 35:05.640]  because you don't react and respond the way they expect you to.
[35:05.640 --> 35:09.640]  I live in a small county north of Fort Worth, and the judge here,
[35:09.640 --> 35:13.640]  the district judge hates me.
[35:13.640 --> 35:18.640]  And this is what my wife told me.
[35:18.640 --> 35:22.640]  My daughter is really politically connected.
[35:22.640 --> 35:28.640]  And she said, Dad, you know John Faustel hates you.
[35:28.640 --> 35:32.640]  I said, yeah, I know, that's because he's an idiot
[35:32.640 --> 35:36.640]  and he's used to everybody kissing his behind.
[35:36.640 --> 35:41.640]  And I don't. I land right in the middle of him.
[35:41.640 --> 35:48.640]  And the last time I talked to him, he threatened to have me arrested.
[35:48.640 --> 35:51.640]  He called the bailiffs over.
[35:51.640 --> 35:55.640]  And when he did, I turned to the bailiff and I said, Mr. Bailiff,
[35:55.640 --> 35:58.640]  I see you've got a pistol on your hip there.
[35:58.640 --> 36:01.640]  Yes, Mr. Kelton, I do. Tell me, Mr. Bailiff, is that pistol loaded?
[36:01.640 --> 36:05.640]  Of course it's loaded. You're fixing to pull that pistol on me?
[36:05.640 --> 36:07.640]  He said, I will if I have to.
[36:07.640 --> 36:09.640]  And I turned to the judge.
[36:09.640 --> 36:14.640]  Did you call him over to pull that pistol on me?
[36:14.640 --> 36:18.640]  And the judge looked at me like he didn't believe what I just said.
[36:18.640 --> 36:20.640]  But he got it.
[36:20.640 --> 36:23.640]  The judge was trying to intimidate me.
[36:23.640 --> 36:28.640]  And I just accused him of first degree felony aggravated assault.
[36:28.640 --> 36:30.640]  And he backed his bailiffs off real fast.
[36:30.640 --> 36:36.640]  And I will be charging him with first degree felony aggravated assault.
[36:36.640 --> 36:43.640]  I don't get excited the way I used to because I'm always looking the next step ahead.
[36:43.640 --> 36:51.640]  And it's always how can I lead you into doing something that I can come after you for?
[36:51.640 --> 36:54.640]  It makes them crazy. They hate to see me coming.
[36:54.640 --> 36:57.640]  They have no idea how to deal with me.
[36:57.640 --> 37:00.640]  The day before yesterday I was at the sheriff's department.
[37:00.640 --> 37:08.640]  I had filed criminal charges with the sheriff's department, against the sheriff's deputy, against my better judgment.
[37:08.640 --> 37:14.640]  I allowed them to give it to Internal Affairs because I told them all Internal Affairs is going to do
[37:14.640 --> 37:19.640]  is get together with these officers and make up some BS story that never happened
[37:19.640 --> 37:22.640]  and likely they're going to come after me.
[37:22.640 --> 37:24.640]  So I think it's a really bad idea.
[37:24.640 --> 37:26.640]  They insisted so I gave it to them.
[37:26.640 --> 37:29.640]  I come back four months later and I talked to Internal Affairs
[37:29.640 --> 37:32.640]  and asked them what was the disposition of my complaints.
[37:32.640 --> 37:38.640]  Well, Mr. Kelton, you made criminal accusations so we're not going to do anything with it.
[37:38.640 --> 37:47.640]  I said, now she expected me to feel mistreated and angry and betrayed.
[37:47.640 --> 37:51.640]  I said, are you a certified peace officer?
[37:51.640 --> 37:53.640]  Yes, I am.
[37:53.640 --> 37:54.640]  Did you read the complaints?
[37:54.640 --> 37:55.640]  Yes, I did.
[37:55.640 --> 38:00.640]  Did you notice that the complaint was a verified criminal affidavit?
[38:00.640 --> 38:02.640]  I didn't notice.
[38:02.640 --> 38:04.640]  Well, you should have.
[38:04.640 --> 38:08.640]  That invoked your duty under Article 2.13 Code of Criminal Procedure.
[38:08.640 --> 38:11.640]  You're telling me that you're going to refuse to perform your duty
[38:11.640 --> 38:16.640]  and in the process shield this person from prosecution violation 3805 penal code?
[38:16.640 --> 38:19.640]  Well, we're not going to take any action.
[38:19.640 --> 38:23.640]  I smiled at her and I said, well, thank you very much.
[38:23.640 --> 38:25.640]  That's all I need for you.
[38:25.640 --> 38:28.640]  You're dismissed and turned and walked out.
[38:28.640 --> 38:32.640]  That felt so good.
[38:32.640 --> 38:37.640]  And she stood there and said nothing because she had no idea what to do.
[38:37.640 --> 38:42.640]  I'm not reacting and responding the way she wants me to.
[38:42.640 --> 38:53.640]  And I feel in you, Charles, that you're angry about being pushed around by the courts.
[38:53.640 --> 38:54.640]  Am I right?
[38:54.640 --> 38:58.640]  Without a doubt.
[38:58.640 --> 38:59.640]  Okay.
[38:59.640 --> 39:01.640]  I have a suggestion for that.
[39:01.640 --> 39:05.640]  Get over it.
[39:05.640 --> 39:09.640]  Don't let them manipulate you.
[39:09.640 --> 39:12.640]  They are very good at it.
[39:12.640 --> 39:16.640]  It is a lot more fun to manipulate them.
[39:16.640 --> 39:24.640]  Any time they do something, look at it and think, how can I turn this back on them?
[39:24.640 --> 39:35.640]  For instance, the lawyer who filed for the default judgment,
[39:35.640 --> 39:45.640]  knowing that you hadn't been served, did that lawyer request alternative service?
[39:45.640 --> 39:49.640]  Almost every state has alternative service.
[39:49.640 --> 39:56.640]  And one of the methods of alternative service is to publish the notice in the newspaper.
[39:56.640 --> 39:58.640]  You're in a local newspaper.
[39:58.640 --> 40:05.640]  Did they have your correct address?
[40:05.640 --> 40:07.640]  Yes.
[40:07.640 --> 40:08.640]  Okay.
[40:08.640 --> 40:10.640]  So he had your address.
[40:10.640 --> 40:14.640]  And so he knew the state and city you lived in.
[40:14.640 --> 40:21.640]  He could have asked for alternative service and put it in a newspaper, but he didn't.
[40:21.640 --> 40:24.640]  You don't even know if he sent it to the right address.
[40:24.640 --> 40:28.640]  Do you have a certified mail number?
[40:28.640 --> 40:32.640]  Generally, they'll have a certificate of service.
[40:32.640 --> 40:37.640]  And in the certificate of service, there will be a certified mail number.
[40:37.640 --> 40:41.640]  Was there one of those?
[40:41.640 --> 40:44.640]  No.
[40:44.640 --> 40:45.640]  Good.
[40:45.640 --> 40:50.640]  Did he file a bar grievance against the lawyer?
[40:50.640 --> 40:54.640]  You won't see that coming.
[40:54.640 --> 41:03.640]  Accused him of deliberately failing to give you notice so that he could secure a default judgment
[41:03.640 --> 41:10.640]  and then put you in a place to where you have to overcome res judicata.
[41:10.640 --> 41:16.640]  And then file an action with the court asking for sanctions.
[41:16.640 --> 41:25.640]  And I was going to say, file an action with the court to overturn the default judgment,
[41:25.640 --> 41:30.640]  but first ask yourself, do you really want to overturn that virgin?
[41:30.640 --> 41:33.640]  Do you really not want to take that paternity test?
[41:33.640 --> 41:35.640]  Decide which way you want to go.
[41:35.640 --> 41:42.640]  If you don't want to take the paternity test, then ask them to overturn the default judgment.
[41:42.640 --> 41:48.640]  You can ask them to overturn it anyway and then consent to a paternity test
[41:48.640 --> 41:54.640]  so it shows in the record it was given by consent and to deny order.
[41:54.640 --> 41:57.640]  But turn it back on him.
[41:57.640 --> 42:02.640]  It is so much fun when you go back after them.
[42:02.640 --> 42:10.640]  And when they figure out you're coming back at them, it changes what they do,
[42:10.640 --> 42:14.640]  especially the first thing you should do.
[42:14.640 --> 42:18.640]  Bargrey is a lawyer.
[42:18.640 --> 42:22.640]  What state is he? He's in Michigan?
[42:22.640 --> 42:30.640]  That's going to sting him because that's going to affect his malpractice insurance.
[42:30.640 --> 42:37.640]  And, you know, it's our job to keep these guys in line.
[42:37.640 --> 42:40.640]  You're not likely to end his career or anything,
[42:40.640 --> 42:45.640]  but he needs to be spanked for acting improperly.
[42:45.640 --> 42:50.640]  Besides, it gets fun.
[42:50.640 --> 42:55.640]  Okay, so where are we at, Mark? What are you going to do?
[42:55.640 --> 42:58.640]  I mean, Mark, Charles, what are you going to do?
[42:58.640 --> 43:05.640]  Yes, yes, Bargrey, I'm going to write this down here.
[43:05.640 --> 43:07.640]  And we're going to bargrey the lawyer.
[43:07.640 --> 43:10.640]  We're going to bargrey the prosecutor.
[43:10.640 --> 43:14.640]  Okay, I'm having a terrible time understanding you.
[43:14.640 --> 43:18.640]  Yes, we're going to bargrey this prosecutor here because they,
[43:18.640 --> 43:25.640]  I assume that they have some kind of a hearing without me knowing.
[43:25.640 --> 43:32.640]  They accuse him of conspiring to deny you in due process.
[43:32.640 --> 43:35.640]  By giving, by notifying the judge,
[43:35.640 --> 43:42.640]  you want to see the return mailing that shows unable to deliver.
[43:42.640 --> 43:48.640]  You want to see that envelope stamped by the post office.
[43:48.640 --> 43:52.640]  You want to see the certification number so you can check that number
[43:52.640 --> 44:01.640]  with the post office and see if it was actually mailed.
[44:01.640 --> 44:05.640]  Hello, my name is Stuart Smith from naturespureorganics.com
[44:05.640 --> 44:08.640]  and I would like to invite you to come by our store at
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[44:36.640 --> 44:42.640]  That's 512-264-4043 naturespureorganics.com.
[44:42.640 --> 44:46.640]  Don't forget to like us on Facebook for information on events and our products.
[44:46.640 --> 45:00.640]  Naturespureorganics.com.
[45:00.640 --> 45:03.640]  Are you the plaintiff or defendant in a lawsuit?
[45:03.640 --> 45:06.640]  Win your case without an attorney with Juris Dictionary,
[45:06.640 --> 45:10.640]  the affordable, easy to understand, 4 CD course
[45:10.640 --> 45:14.640]  that will show you how in 24 hours, step by step.
[45:14.640 --> 45:18.640]  If you have a lawyer, know what your lawyer should be doing.
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[45:38.640 --> 45:42.640]  about the principles and practices that control our American courts.
[45:42.640 --> 45:46.640]  You'll receive our audio classroom, video seminar, tutorials,
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[45:55.640 --> 46:01.640]  or call toll free, 866-LAW-EZ.
[46:01.640 --> 46:24.640]  MUSIC
[46:24.640 --> 46:29.640]  Always I must be careful what I'm wishing for
[46:29.640 --> 46:34.640]  When I'm hungry, I like to know just what I'm fishing for
[46:34.640 --> 46:40.640]  I ain't asking for much, I ain't trying to be no glutton
[46:40.640 --> 46:46.640]  I'm just here making my living, pushing buttons
[46:46.640 --> 46:52.640]  I'll give my message out to anyone if you shout in distance
[46:52.640 --> 46:55.640]  Vote for bravery and against slavery
[46:55.640 --> 47:00.640]  OK, we are back. Randy Kelton, Rule of Law Radio.
[47:00.640 --> 47:05.640]  OK, I ran off the cliff again, Charles.
[47:05.640 --> 47:08.640]  OK.
[47:08.640 --> 47:10.640]  Think about what you want to do.
[47:10.640 --> 47:13.640]  Call in next weekend.
[47:13.640 --> 47:18.640]  Let's kind of run over how this might work.
[47:18.640 --> 47:24.640]  You could have a good education here about how to handle yourself in court.
[47:24.640 --> 47:31.640]  And this is a great one because we have a lot of people here that their liberty is at risk.
[47:31.640 --> 47:36.640]  And that's not a really good time to learn how the court works.
[47:36.640 --> 47:39.640]  Your liberty is not at risk here.
[47:39.640 --> 47:43.640]  And you kind of got the lawyer flat-footed.
[47:43.640 --> 47:46.640]  Lawyers are used to just doing whatever they want to.
[47:46.640 --> 47:51.640]  They're not accustomed to the process from hell.
[47:51.640 --> 47:58.640]  They're not accustomed to somebody actually objecting to them acting improperly.
[47:58.640 --> 48:03.640]  So, go ahead.
[48:03.640 --> 48:08.640]  So we're going to barguery the prosecutor here for conspiring to deny my due process rights
[48:08.640 --> 48:14.640]  because they didn't file, they didn't properly notify me of any,
[48:14.640 --> 48:18.640]  I didn't receive any proper notice of any hearings that have taken place.
[48:18.640 --> 48:26.640]  And now I have this half order, this invite to come take this paternity test.
[48:26.640 --> 48:29.640]  And it's not even against my objection.
[48:29.640 --> 48:35.640]  It's just, hey, show up, I told the second to this paternity test.
[48:35.640 --> 48:39.640]  It doesn't have to say anything else, pretty much.
[48:39.640 --> 48:43.640]  Yeah, so file a motion to quash that order.
[48:43.640 --> 48:48.640]  Ask for sanctions against the lawyer in the motion.
[48:48.640 --> 48:53.640]  And bargué the lawyer.
[48:53.640 --> 48:59.640]  And in your motion for sanctions and to quash,
[48:59.640 --> 49:06.640]  demand and ask the court to order the lawyer to provide you with the certified mail number
[49:06.640 --> 49:21.640]  or with the postal service returned envelope where notice was sent to you.
[49:21.640 --> 49:31.640]  And if that lawyer don't have it, that lawyer's got a problem.
[49:31.640 --> 49:40.640]  Okay, and I'm going to ask for that in the motion for sanctions or in the motion to quash?
[49:40.640 --> 49:43.640]  Yes, you can file a motion for quash and motion.
[49:43.640 --> 49:45.640]  It's all in one motion.
[49:45.640 --> 49:48.640]  You can do all of this in one.
[49:48.640 --> 49:50.640]  Okay.
[49:50.640 --> 49:52.640]  Do I have to prepare a brief for this motion as well?
[49:52.640 --> 49:56.640]  Because if they ask me to be here, here's another thing.
[49:56.640 --> 49:59.640]  This paternity test is supposed to take place on October the 2nd.
[49:59.640 --> 50:02.640]  But I just got this thing a week ago.
[50:02.640 --> 50:06.640]  It was mailed down here to me, this notice.
[50:06.640 --> 50:10.640]  So I haven't made any moves yet because I didn't want to make the wrong move
[50:10.640 --> 50:14.640]  and say, hey, you know, by saying, hey, could you move this to this date
[50:14.640 --> 50:17.640]  so I can come up there and take the test?
[50:17.640 --> 50:24.640]  And then, you know, there's a ring or something that I don't want to do anything wrong here.
[50:24.640 --> 50:27.640]  And I'm running short.
[50:27.640 --> 50:32.640]  You should, okay, you need to get this in relatively quickly.
[50:32.640 --> 50:34.640]  You're out of time.
[50:34.640 --> 50:41.640]  If you can't get some kind of ruling beforehand, show up.
[50:41.640 --> 50:46.640]  Otherwise, they'll issue a contempt of court against you.
[50:46.640 --> 50:49.640]  Then that's already in jail.
[50:49.640 --> 50:51.640]  Yeah.
[50:51.640 --> 50:54.640]  Now, that may not be right, but that's exactly what they'll do.
[50:54.640 --> 51:00.640]  So you get your action in as quickly as you can.
[51:00.640 --> 51:02.640]  It's the 25th.
[51:02.640 --> 51:05.640]  You're going to be out of time here.
[51:05.640 --> 51:07.640]  The 2nd is a Saturday.
[51:07.640 --> 51:11.640]  Okay, it's next Friday.
[51:11.640 --> 51:13.640]  If you can, get something in Monday.
[51:13.640 --> 51:15.640]  It doesn't have to be real fancy.
[51:15.640 --> 51:22.640]  Just notify the court that you were not served on this issue,
[51:22.640 --> 51:27.640]  that you could have been served because they were able to find you after they got the order,
[51:27.640 --> 51:33.640]  and maintain that you were never, that the lawyer never tried to notify you,
[51:33.640 --> 51:37.640]  request that he be required to produce the certified mail number
[51:37.640 --> 51:42.640]  and or the return envelope from U.S. Postal Service,
[51:42.640 --> 51:45.640]  ask for sanctions against him, and ask for,
[51:45.640 --> 51:50.640]  and file it as a request for emergency restraining order
[51:50.640 --> 51:58.640]  to restrain the forced paternity test until this motion can be heard.
[51:58.640 --> 52:02.640]  And then you might look at removing the whole thing to the federal court
[52:02.640 --> 52:07.640]  and move it to the federal court where you're at.
[52:07.640 --> 52:11.640]  Mu-ha-ha, that'll make them nuts.
[52:11.640 --> 52:15.640]  Are you familiar with removal?
[52:15.640 --> 52:16.640]  No.
[52:16.640 --> 52:19.640]  Oh, this is good.
[52:19.640 --> 52:23.640]  I was talking earlier about rescission.
[52:23.640 --> 52:28.640]  There are essentially two things that I know of
[52:28.640 --> 52:34.640]  that you as a litigant have the direct power to do.
[52:34.640 --> 52:36.640]  One is to rescind.
[52:36.640 --> 52:42.640]  We filed a rescission, and according to the latest rule on the Supreme,
[52:42.640 --> 52:47.640]  when you file the rescission, the rescission is effected.
[52:47.640 --> 52:49.640]  You don't ask for rescission.
[52:49.640 --> 52:51.640]  You don't move for rescission.
[52:51.640 --> 52:53.640]  You effect rescission.
[52:53.640 --> 52:56.640]  The other one is removal.
[52:56.640 --> 53:02.640]  Since you're in Georgia and they're in Michigan,
[53:02.640 --> 53:15.640]  that gives you diversity as a cause for removal, diversity of jurisdiction.
[53:15.640 --> 53:20.640]  So you're not under the authority of the state of Michigan.
[53:20.640 --> 53:26.640]  And the state of Michigan has no power to come into Georgia and tell you what to do.
[53:26.640 --> 53:30.640]  So you remove it to the federal court.
[53:30.640 --> 53:33.640]  And when you file a notice of removal, that's what it is.
[53:33.640 --> 53:39.640]  You just file a notice of removal, I hereby remove this case to the federal court
[53:39.640 --> 53:49.640]  and remove it to whatever court has jurisdiction over you where you're at.
[53:49.640 --> 53:57.640]  Then they have to hire a lawyer that does federal practice in Georgia.
[53:57.640 --> 54:05.640]  That will make them unhappy.
[54:05.640 --> 54:10.640]  See, now, guys, you want to just talk to me like a human being?
[54:10.640 --> 54:14.640]  If you had a question to start with, you could have just talked to me.
[54:14.640 --> 54:21.640]  See, now you want to talk?
[54:21.640 --> 54:27.640]  So that's my suggestion.
[54:27.640 --> 54:31.640]  But do something quickly.
[54:31.640 --> 54:39.640]  Next Friday is the date, you don't want them filing contemplative court charges against you.
[54:39.640 --> 54:47.640]  Because theoretically, they could arrest you and extradite you to Michigan.
[54:47.640 --> 54:52.640]  So you need to put a stop to it and simply a removal.
[54:52.640 --> 54:59.640]  When you file the removal, the court's jurisdiction is gone.
[54:59.640 --> 55:09.640]  Essentially, the removal will stop the court being able to enforce the maternity test.
[55:09.640 --> 55:13.640]  Okay, so I'm going to have to say something here.
[55:13.640 --> 55:20.640]  Yeah, just do an internet search for removal and you'll get plenty on how to do it.
[55:20.640 --> 55:29.640]  And the motion for sanctions and a motion to quash the order is relatively simple.
[55:29.640 --> 55:32.640]  You just ask them for what you want.
[55:32.640 --> 55:37.640]  Best if you can find case law on the subject.
[55:37.640 --> 55:43.640]  So do a search for a motion to quash Michigan.
[55:43.640 --> 55:48.640]  Since it's in Michigan, you want to file the motion to quash under Michigan law.
[55:48.640 --> 55:51.640]  And motion to quash for lack of service.
[55:51.640 --> 55:55.640]  That should be fairly simple.
[55:55.640 --> 55:57.640]  Okay, okay.
[55:57.640 --> 56:02.640]  Okay, that makes me feel a lot better.
[56:02.640 --> 56:13.640]  Okay, and the one thing about law is there's always something you can do.
[56:13.640 --> 56:21.640]  I've run into people that they got lawyers pushing them around and they feel like they have no options.
[56:21.640 --> 56:27.640]  From all this research on law, the one thing that has become perfectly clear,
[56:27.640 --> 56:31.640]  it doesn't make any difference what the other side does.
[56:31.640 --> 56:35.640]  There is always something you can do.
[56:35.640 --> 56:39.640]  You always have remedy of one sort or another.
[56:39.640 --> 56:44.640]  You may not win in the end, but you have a lot of things you can do.
[56:44.640 --> 56:55.640]  And on the average, about 95% of all cases are settled out of court.
[56:55.640 --> 57:04.640]  And that's because there's so many options in court that you can stay in court until everybody gets old.
[57:04.640 --> 57:11.640]  So the only way to get out of court for the most part is to go to the other side and make a deal.
[57:11.640 --> 57:22.640]  And in this case, I don't think from talking to you that a deal in this case will be hard to accomplish.
[57:22.640 --> 57:27.640]  And it might be appropriate to ask for sanctions from the other side
[57:27.640 --> 57:34.640]  because they did not try to address this issue outside of court,
[57:34.640 --> 57:42.640]  that they use the court as the first resort instead of the last resort.
[57:42.640 --> 57:51.640]  They have a duty before they take you to court to exhaust their administrative remedies.
[57:51.640 --> 58:01.640]  In here, their first action was in court, that you get sanctions against the lawyer, maybe even consider a malpractice suit against her lawyer.
[58:01.640 --> 58:07.640]  You definitely won't see that coming.
[58:07.640 --> 58:11.640]  Okay, do you have anything else for us, Charles?
[58:11.640 --> 58:16.640]  I did. I guess I'm going to have to leave for the break. I hear the music going here.
[58:16.640 --> 58:23.640]  Okay, we don't have any more callers, so if you want to hang on to the other side of the break, you can address your last issue.
[58:23.640 --> 58:30.640]  And then I'm going to talk about, if I don't get any callers, I'm going to talk about Legal 101.
[58:30.640 --> 58:37.640]  Okay, this is Randy Kelton, Root of our Radio, our call-in number, 512-646-1984.
[58:37.640 --> 58:40.640]  If you have a question or comment, give us a call.
[58:40.640 --> 58:46.640]  Otherwise, I'm just going to binge your ear for the rest of the show. We'll be right back.
[59:11.640 --> 59:17.640]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:17.640 --> 59:26.640]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the Church.
[59:26.640 --> 59:39.640]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America, toll-free at 888-551-0102.
[59:39.640 --> 59:49.640]  That's 888-551-0102. Or visit us online at bfa.org.
[01:00:09.640 --> 01:00:17.640]  Today in history, news updates, and the inside scoop into the tides of the alternative.
[01:00:17.640 --> 01:00:38.640]  Markets for the 16th of September, 2015, opened up with gold at $1,120.30 an ounce, silver, $14.94 an ounce, Texas crude, $44.59 a barrel, and Bitcoin is currently sitting at about 228 U.S. currency.
[01:00:38.640 --> 01:00:55.640]  Today in history, Sunday, September 16, 1810, Mexican Independence Day, El Grito de Dolores, or the Cry of Dolores, which was uttered from the cathedral in the small town of Dolores near Guanajuato, Mexico.
[01:00:55.640 --> 01:01:04.640]  The cry by Miguel Hidalgo y Castilla, a Roman Catholic priest, took place around 6 a.m. as he ordered the church bells to be rung to gather his congregation.
[01:01:04.640 --> 01:01:11.640]  He addressed the people and encouraged them to revolt. El Grito was the declaration of the Mexican War of Independence.
[01:01:14.640 --> 01:01:27.640]  In recent news, the Federal Aviation Administration stated yesterday that it has set up no drone zones in Washington, D.C., New York, and Philadelphia for Pope Francis' papal visit from September 22nd through the 27th.
[01:01:27.640 --> 01:01:34.640]  FAA Administrator Michael Huerta said in a note that if you plan to attend any of the papal visit events, please leave your drone at home.
[01:01:34.640 --> 01:01:41.640]  Anyone tempted to send their unmanned gadgets into the heavens during the banned period could face civil and criminal charges.
[01:01:41.640 --> 01:02:00.640]  A GoPro camera that was launched into space by students at Stanford University near the Grand Canyon in June of 2013, tethered to a high-altitude weather balloon to gather data for Brian Chan's aerospace engineering dissertation, was lost for nearly two years.
[01:02:00.640 --> 01:02:08.640]  An Arizona hiker who found the camera and phone back in March, who happened to be an AT&T employee, was able to identify the owner using the SIM card.
[01:02:08.640 --> 01:02:15.640]  Chan posted the video from the camera to YouTube last Thursday, and as of today, the video has more than 3.5 million views.
[01:02:20.640 --> 01:02:32.640]  Police officers Michael McGovern and Cameron Beckham were working off-duty security at a construction site on understate 35 overnight and decided to grab a bite to eat at the Water Burger on Main Street in Lewisville, Texas.
[01:02:32.640 --> 01:02:36.640]  That's when a guy behind the counter told them that they didn't serve police officers there.
[01:02:36.640 --> 01:02:43.640]  The two officers thought he was joking, but he didn't say anything else. They ended up leaving, went across the street to the Dairy Queen instead.
[01:02:43.640 --> 01:02:49.640]  However, they did go back to file a complaint. The employee who identified himself as a manager was fired.
[01:02:49.640 --> 01:02:52.640]  Water Burger has offered an official apology.
[01:02:52.640 --> 01:03:04.640]  This has been your Lowdown for September 16, 2013.
[01:03:22.640 --> 01:03:32.640]  This has been your Lowdown for September 16, 2013.
[01:03:32.640 --> 01:03:42.640]  This has been your Lowdown for September 16, 2013.
[01:03:42.640 --> 01:03:52.640]  This has been your Lowdown for September 16, 2013.
[01:03:52.640 --> 01:04:16.640]  This has been your Lowdown for September 16, 2013.
[01:04:16.640 --> 01:04:26.640]  This has been your Lowdown for September 16, 2013.
[01:04:26.640 --> 01:04:36.640]  This has been your Lowdown for September 16, 2013.
[01:04:36.640 --> 01:04:46.640]  This has been your Lowdown for September 16, 2013.
[01:04:46.640 --> 01:05:10.640]  This has been your Lowdown for September 16, 2013.
[01:05:16.640 --> 01:05:32.640]  Hello?
[01:05:32.640 --> 01:05:38.640]  I think he muted himself.
[01:05:38.640 --> 01:05:44.640]  Uh oh. Hello?
[01:05:44.640 --> 01:05:46.640]  Can you hear me?
[01:05:46.640 --> 01:05:48.640]  I can hear somebody.
[01:05:48.640 --> 01:05:50.640]  Somebody's talking.
[01:05:50.640 --> 01:05:54.640]  Okay. This is Jeff in Maryland.
[01:05:54.640 --> 01:05:56.640]  Okay. How are you?
[01:05:56.640 --> 01:05:58.640]  I'm doing great.
[01:05:58.640 --> 01:06:00.640]  Okay.
[01:06:00.640 --> 01:06:10.640]  One of the things you want to do is to seek sanctions against the opposing counsel?
[01:06:10.640 --> 01:06:12.640]  That's correct.
[01:06:12.640 --> 01:06:14.640]  I'm sorry, I can't hear you.
[01:06:14.640 --> 01:06:16.640]  Yes.
[01:06:16.640 --> 01:06:18.640]  Okay.
[01:06:18.640 --> 01:06:26.640]  Well, you know the courts can't give you legal fees as sanctions, right?
[01:06:26.640 --> 01:06:29.640]  They can't give me legal fees?
[01:06:29.640 --> 01:06:34.640]  As sanctions, right.
[01:06:34.640 --> 01:06:38.640]  No, no. Okay, we hadn't considered asking for legal fees.
[01:06:38.640 --> 01:06:40.640]  Just for sanctions.
[01:06:40.640 --> 01:06:46.640]  I want to get Charles' mind thinking here, if I may.
[01:06:46.640 --> 01:07:09.640]  How about you ask for, from the 18th to the 19th century, how about you ask the court to give him 100 hours of community service in which he takes a barrel on wheels, a broom, and a scoop, and he sweeps the horse droppings out of the street.
[01:07:09.640 --> 01:07:15.640]  Okay.
[01:07:15.640 --> 01:07:25.640]  Do you think you might be able to come up with a sanction that's kind of parallel to that, that's current?
[01:07:25.640 --> 01:07:38.640]  I might ask for sanctions to have him go down to the post office and go out with the postal guy to deliver certified mail so he figures out how it works.
[01:07:38.640 --> 01:07:41.640]  Yeah, that's a possibility.
[01:07:41.640 --> 01:07:52.640]  There's no, the sanction that you asked for is kind of up to you, but you've got to keep it within reason.
[01:07:52.640 --> 01:08:01.640]  And you were muted for a while there, Randy, so we didn't know where you were happening, so I picked up, where you went is I picked up the flag.
[01:08:01.640 --> 01:08:11.640]  Yeah, I appreciate that because I was yakking away and I thought you were talking over me and then I realized I was muted.
[01:08:11.640 --> 01:08:19.640]  Charles was thinking and I was concerned it was background noise on my end.
[01:08:19.640 --> 01:08:24.640]  I will mute up now.
[01:08:24.640 --> 01:08:27.640]  Okay, Charles, you did have another question.
[01:08:27.640 --> 01:08:31.640]  Yes, yes.
[01:08:31.640 --> 01:08:43.640]  Especially a brief that I was working on before I knew that I needed to go down and check on the record and see if it was actually in the record.
[01:08:43.640 --> 01:08:57.640]  I needed to know about that particular issue and is that a valid issue that I do in court should be a thing blow up in my face and I actually have to go to litigation.
[01:08:57.640 --> 01:08:59.640]  I am having trouble understanding.
[01:08:59.640 --> 01:09:04.640]  Start, what was that valid issue again?
[01:09:04.640 --> 01:09:06.640]  You might need to get a little closer to the mic.
[01:09:06.640 --> 01:09:25.640]  The subject of property, yeah, property and the subject of property and I demonstrated the laws that have been made against property.
[01:09:25.640 --> 01:09:36.640]  I'm not understanding how property got involved in this fraternity issue.
[01:09:36.640 --> 01:09:45.640]  Well, that's before the drift statute came down.
[01:09:45.640 --> 01:09:49.640]  I'm having a terrible time understanding here.
[01:09:49.640 --> 01:09:56.640]  Can you get a little closer to the mic?
[01:09:56.640 --> 01:09:59.640]  Is this any better, Landy?
[01:09:59.640 --> 01:10:01.640]  That's better, yes.
[01:10:01.640 --> 01:10:03.640]  Okay.
[01:10:03.640 --> 01:10:14.640]  Back before the dread Scott case came down, a man's property included his wife and his kids.
[01:10:14.640 --> 01:10:25.640]  And the whole thing is now after the 14th Amendment came down, now a man can't actually own his wife and he doesn't own his kids.
[01:10:25.640 --> 01:10:29.640]  And that's actually evidenced by the laws that they're making.
[01:10:29.640 --> 01:10:30.640]  Okay.
[01:10:30.640 --> 01:10:36.640]  Child is still your property, your wife if it's not.
[01:10:36.640 --> 01:10:37.640]  Okay.
[01:10:37.640 --> 01:10:53.640]  I have, Pastor Massad is working with someone who got custody of his child by going in and insisting that the child is my property, return him to me.
[01:10:53.640 --> 01:11:00.640]  You can claim the child is your property and demand that the child be returned to you.
[01:11:00.640 --> 01:11:09.640]  That kind of takes it out of the family court or the family law directly and takes it back to a property issue.
[01:11:09.640 --> 01:11:15.640]  But we would have to know more about how to address that issue.
[01:11:15.640 --> 01:11:20.640]  I see.
[01:11:20.640 --> 01:11:28.640]  You might send me an email on this and I will run it by Pastor Massad and get his input on it.
[01:11:28.640 --> 01:11:30.640]  I will do so.
[01:11:30.640 --> 01:11:32.640]  I'm going to do that again tonight.
[01:11:32.640 --> 01:11:34.640]  And that's all I have for the night.
[01:11:34.640 --> 01:11:36.640]  I'm going to let you guys talk for the rest of the night.
[01:11:36.640 --> 01:11:38.640]  I think I've wasted enough air time.
[01:11:38.640 --> 01:11:39.640]  Okay.
[01:11:39.640 --> 01:11:42.640]  Thank you very much, Charles.
[01:11:42.640 --> 01:11:43.640]  Okay.
[01:11:43.640 --> 01:11:50.640]  Mr. Jeff, did you have an issue you wanted to address?
[01:11:50.640 --> 01:11:59.640]  Well, I'm not sure that I'm any better equipped today than I was yesterday to discuss murders with you.
[01:11:59.640 --> 01:12:01.640]  But let's have at it.
[01:12:01.640 --> 01:12:04.640]  Oh, this is going to be fun.
[01:12:04.640 --> 01:12:09.640]  Do you have a copy of a deed of trust within your reach of your fingertips?
[01:12:09.640 --> 01:12:11.640]  Yes, I do.
[01:12:11.640 --> 01:12:12.640]  Actually, I've been working on-
[01:12:12.640 --> 01:12:14.640]  Put down and look in the definition of murders.
[01:12:14.640 --> 01:12:17.640]  I want you to spend just a moment in there.
[01:12:17.640 --> 01:12:20.640]  Okay, let's see. Which one was I just looking at?
[01:12:20.640 --> 01:12:23.640]  Mount Pleasant Deed of Trust.
[01:12:23.640 --> 01:12:37.640]  I'm looking at a Texas Deed of Trust, single family Fannie Mae Freddie Mac uniform instrument, 3044.
[01:12:37.640 --> 01:12:39.640]  And I don't think this one has murders in it.
[01:12:39.640 --> 01:12:40.640]  Let me check.
[01:12:40.640 --> 01:12:41.640]  Okay.
[01:12:41.640 --> 01:12:45.640]  And let me find another one.
[01:12:45.640 --> 01:12:49.640]  This one doesn't. The first one I pulled up obviously doesn't.
[01:12:49.640 --> 01:12:52.640]  But go ahead, I'll pull one up while you're talking.
[01:12:52.640 --> 01:12:58.640]  Well, there's a sentence in it that you need to read.
[01:12:58.640 --> 01:13:00.640]  Okay.
[01:13:00.640 --> 01:13:08.640]  I'm not sure, but I think it's parenthetical.
[01:13:08.640 --> 01:13:15.640]  I think that MERS is beneficiary and holds legal title.
[01:13:15.640 --> 01:13:22.640]  And MERS as nominee can assign.
[01:13:22.640 --> 01:13:35.640]  And also MERS can assign someone else to assign.
[01:13:35.640 --> 01:13:48.640]  Okay, there has been some case law on MERS ability to assign another agent.
[01:13:48.640 --> 01:13:52.640]  Man, I have to go back and do my research on that one.
[01:13:52.640 --> 01:14:02.640]  But essentially the case law said that MERS, while MERS was an agent, an agent cannot assign another agent.
[01:14:02.640 --> 01:14:04.640]  That's right.
[01:14:04.640 --> 01:14:12.640]  But it says in the deed of trust that they can.
[01:14:12.640 --> 01:14:14.640]  Okay.
[01:14:14.640 --> 01:14:18.640]  Any other time the first one I pull up would be the wrong type one.
[01:14:18.640 --> 01:14:21.640]  And all I'm putting up is HELOCs.
[01:14:21.640 --> 01:14:23.640]  One HELOC after another.
[01:14:23.640 --> 01:14:25.640]  That's home equity loan after another.
[01:14:25.640 --> 01:14:27.640]  Of course.
[01:14:27.640 --> 01:14:33.640]  Well, I've tried to call you in advance to see if you have one available to you.
[01:14:33.640 --> 01:14:34.640]  But time got away from me.
[01:14:34.640 --> 01:14:36.640]  I apologize.
[01:14:36.640 --> 01:14:40.640]  I'll have one here shortly.
[01:14:40.640 --> 01:14:47.640]  I've been over the issue of MERS in the deed of trust a number of times.
[01:14:47.640 --> 01:15:01.640]  And the one thing about MERS that stood out to me is this section about MERS not being the beneficiary.
[01:15:01.640 --> 01:15:10.640]  Now, if you read the deed of trust, it defines MERS as the beneficiary and nominee for the lender.
[01:15:10.640 --> 01:15:18.640]  Now, okay, I've got a California deed of trust up.
[01:15:18.640 --> 01:15:19.640]  Oh, that's good.
[01:15:19.640 --> 01:15:22.640]  That's the one I was working on this afternoon.
[01:15:22.640 --> 01:15:25.640]  Yeah, yeah, 3005.
[01:15:25.640 --> 01:15:27.640]  Okay, here it is.
[01:15:27.640 --> 01:15:35.640]  The first section of the deed of trust is a set of definitions.
[01:15:35.640 --> 01:15:36.640]  MERS.
[01:15:36.640 --> 01:15:41.640]  MERS is Mortgage Electronic Registration Systems, Inc.
[01:15:41.640 --> 01:15:50.640]  MERS is a separate corporation that is acting solely as a nominee for the lender and lender's successors and assigns.
[01:15:50.640 --> 01:15:54.640]  MERS is the beneficiary under this security instrument.
[01:15:54.640 --> 01:16:01.640]  MERS is organized and existing under the law of Delaware and has an address and telephone number, blah, blah, blah.
[01:16:01.640 --> 01:16:02.640]  Okay.
[01:16:02.640 --> 01:16:05.640]  That's in the definition section.
[01:16:05.640 --> 01:16:06.640]  Right.
[01:16:06.640 --> 01:16:11.640]  And it defines MERS, but it does not appoint MERS.
[01:16:11.640 --> 01:16:17.640]  And it defines MERS as a nominee, whatever the heck that is.
[01:16:17.640 --> 01:16:19.640]  If you look up nominee in the websites.
[01:16:19.640 --> 01:16:22.640]  Did it also say that they were a beneficiary?
[01:16:22.640 --> 01:16:27.640]  It does say they are a beneficiary under this security instrument.
[01:16:27.640 --> 01:16:29.640]  Now, let's go down to the other part.
[01:16:29.640 --> 01:16:36.640]  Why are these people dealing with foreclosure law when the contract says they're a beneficiary?
[01:16:36.640 --> 01:16:41.640]  Okay, because the contract also says they're not a beneficiary.
[01:16:41.640 --> 01:16:42.640]  Does it?
[01:16:42.640 --> 01:16:43.640]  Let's go down to the actual.
[01:16:43.640 --> 01:16:45.640]  Okay, that's not the contract.
[01:16:45.640 --> 01:16:46.640]  Okay.
[01:16:46.640 --> 01:16:49.640]  That is a definition in the contract.
[01:16:49.640 --> 01:16:54.640]  The contract starts at transfer of rights in the property.
[01:16:54.640 --> 01:16:55.640]  Okay.
[01:16:55.640 --> 01:16:59.640]  The beneficiary of this security instrument is MERS.
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[01:19:24.640 --> 01:19:37.640]  Read Jeff Cedric over again, Randy.
[01:19:37.640 --> 01:19:39.640]  Okay, okay.
[01:19:39.640 --> 01:19:40.640]  Okay, we are back.
[01:19:40.640 --> 01:19:53.640]  Randy Kelton, Radio Law Radio, here with Jeff Cedric and where Jeff came up with incredible insight on the deed of trust that I had missed this whole time.
[01:19:53.640 --> 01:19:55.640]  And I'm going to get to that right now.
[01:19:55.640 --> 01:20:03.640]  These are the first two paragraphs of the contract itself after the definitions.
[01:20:03.640 --> 01:20:09.640]  Okay, the first paragraph is transfer of rights in the property.
[01:20:09.640 --> 01:20:12.640]  The beneficiary of this security instrument is MERS.
[01:20:12.640 --> 01:20:18.640]  Solely is nominee for the lender, lenders, successors, and assigns, and the successors and assigns of MERS.
[01:20:18.640 --> 01:20:31.640]  This security instrument secures to lender the repayment of the loan and all renewals, extensions, modifications of the note and the performance of the borrower's covenants and agreements under this security instrument and the note.
[01:20:31.640 --> 01:20:41.640]  For this purpose, borrower irrevocably grants and conveys to trustee and trusts with power of sale the following described property located in the county.
[01:20:41.640 --> 01:20:49.640]  Now, this raises the question, what was just transferred to the trustee?
[01:20:49.640 --> 01:20:52.640]  Only the power of sale.
[01:20:52.640 --> 01:20:57.640]  Well, legal titles, where we're going.
[01:20:57.640 --> 01:20:59.640]  I understand.
[01:20:59.640 --> 01:21:03.640]  But it is said there, only the power of sale.
[01:21:03.640 --> 01:21:07.640]  Okay, let me address this here.
[01:21:07.640 --> 01:21:16.640]  There are two forms of title, equitable title goes to the beneficiary, legal title goes to the trustee.
[01:21:16.640 --> 01:21:18.640]  Next paragraph.
[01:21:18.640 --> 01:21:25.640]  Together with all improvements now are here under record on the property and all easements,
[01:21:25.640 --> 01:21:37.640]  appurtences, fixtures, and fixtures now are here and after a part of the property.
[01:21:37.640 --> 01:21:47.640]  To make this make sense, they granted to the trustee the power of sale in the county.
[01:21:47.640 --> 01:21:57.640]  This paragraph is there to include not only the property that was transferred to the trustee, but all improvements.
[01:21:57.640 --> 01:22:05.640]  They transferred the property together with all improvements now are here and after erected on the property.
[01:22:05.640 --> 01:22:10.640]  All of the foregoing is referred to in this security instrument as the property.
[01:22:10.640 --> 01:22:22.640]  The borrower understands and agrees that MERS holds only legal title to the instruments granted by borrower in the security instrument.
[01:22:22.640 --> 01:22:30.640]  But if necessary to completely to comply with law or custom MERS as nominee for the lender and lender assessors and assigns
[01:22:30.640 --> 01:22:37.640]  has the right to exercise any and all of those interests include not limited to the right to foreclose and sell the property.
[01:22:37.640 --> 01:22:45.640]  Now, in the paragraph up above it, they gave that right to the trustee.
[01:22:45.640 --> 01:22:52.640]  In the next paragraph, they gave the right to MERS.
[01:22:52.640 --> 01:23:02.640]  So my claim on this was that the fact that the property was transferred to MERS made it a mortgage.
[01:23:02.640 --> 01:23:07.640]  But Jeff, you had a whole different take on that.
[01:23:07.640 --> 01:23:10.640]  Well, I'm not sure which one you were referring to.
[01:23:10.640 --> 01:23:17.640]  Well, the fact that MERS is granted a claim on the property.
[01:23:17.640 --> 01:23:23.640]  Well, yeah. Well, if they're going to foreclose, who has to be present?
[01:23:23.640 --> 01:23:36.640]  Exactly. And if you listen a lot, you probably remember Miss Leslie from Pennsylvania.
[01:23:36.640 --> 01:23:43.640]  She had an ongoing suit that was in the courts for quite a while over a rescission issue.
[01:23:43.640 --> 01:23:51.640]  And the court dismissed her suit because her husband, who was named on the deed of trust, was not included in the suit.
[01:23:51.640 --> 01:23:54.640]  He was not named in the suit as party.
[01:23:54.640 --> 01:24:03.640]  And they dismissed it for lack of subject matter jurisdiction for failure to name all necessary parties.
[01:24:03.640 --> 01:24:09.640]  Here, the deed of trust gives MERS a claim on the property.
[01:24:09.640 --> 01:24:16.640]  MERS becomes a necessary party. Yeah.
[01:24:16.640 --> 01:24:21.640]  Now, that's Jeff's story that's sticking through.
[01:24:21.640 --> 01:24:34.640]  Since MERS, even though it's calling itself a nominee, is conducting itself as an agent of the lender, where's the disinterest of third party?
[01:24:34.640 --> 01:24:48.640]  Yes. How can MERS be an agent for the lender when MERS is actually the holder of the property?
[01:24:48.640 --> 01:24:51.640]  Because they're an agent of the lender.
[01:24:51.640 --> 01:25:02.640]  Okay. Then how can this be a deed of trust if MERS is an agent of the lender is holding the property for the lender?
[01:25:02.640 --> 01:25:07.640]  Exactly. That makes it a mortgage.
[01:25:07.640 --> 01:25:09.640]  Makes it more than that.
[01:25:09.640 --> 01:25:20.640]  My contention is that whoever wrote this sentence that was added into the middle of this together with paragraph,
[01:25:20.640 --> 01:25:30.640]  if you get a Fannie Mae Freddie Mac uniform instrument that does not have MERS in it,
[01:25:30.640 --> 01:25:40.640]  this sentence referencing MERS borrower understands and agrees that MERS was only legal title.
[01:25:40.640 --> 01:25:44.640]  It's not in the Fannie Mae Freddie Mac uniform instrument.
[01:25:44.640 --> 01:25:57.640]  In the middle of the paragraph that's intended to include all additions to the property, somebody stuck this sentence, and it doesn't make sense.
[01:25:57.640 --> 01:26:02.640]  It makes the whole contract.
[01:26:02.640 --> 01:26:05.640]  It's contradictory.
[01:26:05.640 --> 01:26:07.640]  Exactly. It doesn't make sense.
[01:26:07.640 --> 01:26:20.640]  Reasonable person of ordinary prudence or reasonable people of ordinary prudence could come to different conclusions as to what this means.
[01:26:20.640 --> 01:26:23.640]  Exactly. That's what's supposed to happen.
[01:26:23.640 --> 01:26:32.640]  Therefore, it is too ambiguous to be enforceable.
[01:26:32.640 --> 01:26:36.640]  What is the five elements of a contract?
[01:26:36.640 --> 01:26:43.640]  If there's an error here, since it was the lender who brought this document to the table,
[01:26:43.640 --> 01:26:49.640]  any problem with the document is attributed to the creator of the document.
[01:26:49.640 --> 01:27:02.640]  The lender deliberately brought this ambiguous document to the table that put MERS in a way that makes no sense.
[01:27:02.640 --> 01:27:06.640]  You go back up to nominee.
[01:27:06.640 --> 01:27:09.640]  What in the heck is a nominee?
[01:27:09.640 --> 01:27:23.640]  If you look up nominee in blacks, blacks will refer you to the Webster's definition, the common usage definition.
[01:27:23.640 --> 01:27:37.640]  When you look up the common usage definition and a nominee who's someone who has been considered for appointment,
[01:27:37.640 --> 01:27:46.640]  it's not someone who's appointed to an office, but just someone who's being considered for appointment to a position or an office.
[01:27:46.640 --> 01:27:48.640]  They use that term in here.
[01:27:48.640 --> 01:28:00.640]  Well, in the context of the sentence, MERS is a separate corporation that is acting solely as a nominee for the lender.
[01:28:00.640 --> 01:28:07.640]  Now, it's using nominee as a proper noun.
[01:28:07.640 --> 01:28:09.640]  What does that mean?
[01:28:09.640 --> 01:28:16.640]  It can't mean somebody who's appointed for this, who is considered for appointment.
[01:28:16.640 --> 01:28:23.640]  So it can't have the common meaning, so therefore it must be a term of art.
[01:28:23.640 --> 01:28:27.640]  But it's not defined in here anywhere.
[01:28:27.640 --> 01:28:33.640]  So you and I and all other readers are left to try to figure out what in the heck does that mean.
[01:28:33.640 --> 01:28:39.640]  Now, it doesn't mean agent because if it had meant agent, they would have put agent.
[01:28:39.640 --> 01:28:43.640]  The implication is that it's agent, but it doesn't say agent.
[01:28:43.640 --> 01:28:50.640]  An agent is the clear and accurate term for one entity that represents another entity.
[01:28:50.640 --> 01:28:58.640]  So why did they go out of their way to pick a different term that has no definition?
[01:28:58.640 --> 01:29:02.640]  So that's the first reference to MERS, and it's ambiguous.
[01:29:02.640 --> 01:29:04.640]  We don't know what it means.
[01:29:04.640 --> 01:29:13.640]  Second reference to MERS is down here in this together with paragraph, and it's equally ambiguous.
[01:29:13.640 --> 01:29:19.640]  Ordinary people can come to different conclusions as to what it means.
[01:29:19.640 --> 01:29:29.640]  That means this whole contract is too ambiguous to be enforced.
[01:29:29.640 --> 01:29:35.640]  What do you think, Jeff?
[01:29:35.640 --> 01:29:39.640]  Did I lose you, Jeff?
[01:29:39.640 --> 01:29:46.640]  I didn't respond to you. I just had my headset muted.
[01:29:46.640 --> 01:30:01.640]  And the one you brought up, that's one I have not considered, is in order to foreclose, MERS would have to be.
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[01:32:45.640 --> 01:32:50.640]  So if those out-of-town roofers come knocking, your door should be locking.
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[01:32:59.640 --> 01:33:02.640]  May not actually be kidding about chemtrails.
[01:33:02.640 --> 01:33:12.640]  You are listening to the Logos Radio Network, logosradionetwork.com.
[01:33:12.640 --> 01:33:20.640]  I see a tool, I see a tool.
[01:33:20.640 --> 01:33:24.640]  The other time, the other time, the other time.
[01:33:24.640 --> 01:33:27.640]  I see tools of ingenuity.
[01:33:27.640 --> 01:33:30.640]  Used against the workers of iniquity.
[01:33:30.640 --> 01:33:33.640]  Tools of massive capability.
[01:33:33.640 --> 01:33:36.640]  Painful, but we're all eternity.
[01:33:36.640 --> 01:33:39.640]  They come from natural amenity.
[01:33:39.640 --> 01:33:42.640]  They pass rules and authenticity.
[01:33:42.640 --> 01:33:45.640]  Tools of regal dignity.
[01:33:45.640 --> 01:33:48.640]  Rebellion, crime, divinity.
[01:33:48.640 --> 01:33:55.640]  And I say, truth in nature must be justice, I believe.
[01:33:55.640 --> 01:34:01.640]  Truth in nature must be justice.
[01:34:01.640 --> 01:34:06.640]  And though it's a daunting task, at least I got to do disease.
[01:34:06.640 --> 01:34:11.640]  Hey, we are back. Randy Shelton with Lulah Radio here with Jeff Cedric.
[01:34:11.640 --> 01:34:14.640]  And I have Mark who's been on the line for quite a while.
[01:34:14.640 --> 01:34:16.640]  I'm going to try him one more time.
[01:34:16.640 --> 01:34:23.640]  I think we put him to sleep earlier. Mark, are you there?
[01:34:23.640 --> 01:34:26.640]  I guess he's still not there.
[01:34:26.640 --> 01:34:28.640]  Okay, we'll go back to...
[01:34:28.640 --> 01:34:31.640]  Maybe he hung up and your line didn't disconnect.
[01:34:31.640 --> 01:34:34.640]  That's possible.
[01:34:34.640 --> 01:34:39.640]  He's been there quite a while and this generally doesn't happen with Mark.
[01:34:39.640 --> 01:34:45.640]  Okay, I was talking on the break about some things that have occurred.
[01:34:45.640 --> 01:34:49.640]  There is one thing that occurred that I haven't addressed.
[01:34:49.640 --> 01:34:53.640]  It is about lawyers.
[01:34:53.640 --> 01:34:56.640]  About how to get lawyers' attention.
[01:34:56.640 --> 01:35:00.640]  And one of the things we talk about here is how to handle your lawyer.
[01:35:00.640 --> 01:35:04.640]  And I have a guy I work with that's helping a woman in a bankruptcy case
[01:35:04.640 --> 01:35:09.640]  in a foreclosure that's been stopped by bankruptcy.
[01:35:09.640 --> 01:35:20.640]  And the bank, the lender, filed an affidavit in the court
[01:35:20.640 --> 01:35:23.640]  to show that they have standing to collect on the mortgage.
[01:35:23.640 --> 01:35:26.640]  And the affidavit was grossly incomplete.
[01:35:26.640 --> 01:35:32.640]  And David, the fellow I work with, went to the lawyer
[01:35:32.640 --> 01:35:37.640]  and addressed these issues with the lawyer where the lawyer didn't want to touch them.
[01:35:37.640 --> 01:35:39.640]  They've already had difficulty with the lawyer.
[01:35:39.640 --> 01:35:45.640]  The lawyer wouldn't address issues that were relevant to this case
[01:35:45.640 --> 01:35:50.640]  because this comes from another lawyer that does bankruptcy.
[01:35:50.640 --> 01:35:56.640]  He says bankruptcies are so competitive that the lawyers will generally,
[01:35:56.640 --> 01:35:59.640]  they'll all charge between $3,200 and $3,400.
[01:35:59.640 --> 01:36:01.640]  That's a good going rate.
[01:36:01.640 --> 01:36:06.640]  And there's only a certain amount they're going to do for that $3,200, $3,400.
[01:36:06.640 --> 01:36:08.640]  When that's used up, they're done.
[01:36:08.640 --> 01:36:10.640]  And we figured out how they're done.
[01:36:10.640 --> 01:36:14.640]  This lawyer didn't tell us that, but David was at a hearing for something else
[01:36:14.640 --> 01:36:18.640]  and he went and sat in a bankruptcy court and watched a set of hearings.
[01:36:18.640 --> 01:36:28.640]  And he said one lawyer after another came in with a motion to dismiss the bankruptcy.
[01:36:28.640 --> 01:36:36.640]  And the client's lawyer agreed with the dismissal one after another.
[01:36:36.640 --> 01:36:38.640]  He said he was sickened by that.
[01:36:38.640 --> 01:36:42.640]  They were throwing their clients under the bus.
[01:36:42.640 --> 01:36:47.640]  They use up the amount of stuff they're going to do.
[01:36:47.640 --> 01:36:51.640]  Then the other side's lawyer, they know when they get there,
[01:36:51.640 --> 01:36:53.640]  files a motion to dismiss.
[01:36:53.640 --> 01:36:56.640]  And both lawyers come in and agree with the motion to dismiss.
[01:36:56.640 --> 01:36:58.640]  They throw their client under the bus.
[01:36:58.640 --> 01:37:04.640]  Well, David told this lawyer, if they dismiss, you're going to appeal.
[01:37:04.640 --> 01:37:05.640]  And he said, no, I'm not.
[01:37:05.640 --> 01:37:07.640]  David said, yes, you are.
[01:37:07.640 --> 01:37:09.640]  And he got the client to tell him, yes, you are.
[01:37:09.640 --> 01:37:11.640]  We hired you for this bankruptcy.
[01:37:11.640 --> 01:37:13.640]  You're going to complete the bankruptcy.
[01:37:13.640 --> 01:37:16.640]  So he said, well, I'll just file a motion to withdraw.
[01:37:16.640 --> 01:37:17.640]  He said, we'll object to it.
[01:37:17.640 --> 01:37:19.640]  He filed a motion to withdraw.
[01:37:19.640 --> 01:37:25.640]  They went into court, and she filed an objection to the motion to withdraw.
[01:37:25.640 --> 01:37:29.640]  And the clerk said, what is this?
[01:37:29.640 --> 01:37:32.640]  We've never seen one of these before.
[01:37:32.640 --> 01:37:36.640]  Why would you object to your lawyer withdrawing?
[01:37:36.640 --> 01:37:38.640]  That's a pay the SOB.
[01:37:38.640 --> 01:37:39.640]  He's got a job to do.
[01:37:39.640 --> 01:37:41.640]  So they went into court.
[01:37:41.640 --> 01:37:44.640]  And the judge asked the same thing.
[01:37:44.640 --> 01:37:49.640]  If you can't get along with this lawyer, why would you object to him withdrawing?
[01:37:49.640 --> 01:37:50.640]  And she said, I paid him.
[01:37:50.640 --> 01:37:52.640]  He's got all my money.
[01:37:52.640 --> 01:37:54.640]  I can't afford to hire another lawyer.
[01:37:54.640 --> 01:37:57.640]  So he can't just walk away.
[01:37:57.640 --> 01:37:59.640]  We have a contractor.
[01:37:59.640 --> 01:38:01.640]  This is what we schooled her in.
[01:38:01.640 --> 01:38:09.640]  He's under contract, and the court has no power to interfere with a private contract.
[01:38:09.640 --> 01:38:11.640]  So she kept saying, he's under contract.
[01:38:11.640 --> 01:38:17.640]  He has a contract requiring him to represent me, and he is to represent me.
[01:38:17.640 --> 01:38:23.640]  And finally, the judge said, well, counselor, you're going to have to handle this with your client.
[01:38:23.640 --> 01:38:27.640]  I'm going to deny your motion to withdraw.
[01:38:27.640 --> 01:38:29.640]  And the lawyer just couldn't believe it.
[01:38:29.640 --> 01:38:31.640]  He was flabbergasted.
[01:38:31.640 --> 01:38:33.640]  They had already bargrieved him.
[01:38:33.640 --> 01:38:36.640]  She had bargrieved her own lawyer.
[01:38:36.640 --> 01:38:38.640]  So he figured he would just bail out.
[01:38:38.640 --> 01:38:41.640]  Well, he didn't get to bail out.
[01:38:41.640 --> 01:38:46.640]  So we had another hearing coming up where they're challenging this affidavit that was insufficient,
[01:38:46.640 --> 01:38:54.640]  and it didn't meet the filing requirements of an affidavit in the bankruptcy rules of court
[01:38:54.640 --> 01:38:58.640]  because it required a complete accounting, and this one didn't have it.
[01:38:58.640 --> 01:39:02.640]  And David went through all of the issues on the affidavit,
[01:39:02.640 --> 01:39:08.640]  and the lawyer argued against every one of them, said he couldn't file this.
[01:39:08.640 --> 01:39:09.640]  They filed an affidavit.
[01:39:09.640 --> 01:39:11.640]  There wasn't anything he could do about it.
[01:39:11.640 --> 01:39:15.640]  And David said, of course you can, and you're going to.
[01:39:15.640 --> 01:39:16.640]  Well, he argued with him the whole time.
[01:39:16.640 --> 01:39:18.640]  It went in the next day.
[01:39:18.640 --> 01:39:20.640]  The lawyer got up in front of the judge.
[01:39:20.640 --> 01:39:21.640]  It's a brand new judge.
[01:39:21.640 --> 01:39:23.640]  He just took office.
[01:39:23.640 --> 01:39:28.640]  The judge knew the lawyer, and he said, counselor, isn't this a special day for you?
[01:39:28.640 --> 01:39:37.640]  And the lawyer said, yes, Your Honor, it's my 20th anniversary of being a lawyer.
[01:39:37.640 --> 01:39:41.640]  So he's been a lawyer for 20 years.
[01:39:41.640 --> 01:39:48.640]  The other side presented their issues, and then he stands up,
[01:39:48.640 --> 01:40:00.640]  and David said he was visibly shaking, and he addressed every issue David had brought
[01:40:00.640 --> 01:40:05.640]  and asked the judge to set a hearing on the validity of the affidavit.
[01:40:05.640 --> 01:40:09.640]  The judge granted a hearing on the affidavit.
[01:40:09.640 --> 01:40:15.640]  Barrett, Daffin, Frappin, Kiss My Behind, the biggest foreclosure mill here in Texas.
[01:40:15.640 --> 01:40:17.640]  Their lawyers got up and argued against it.
[01:40:17.640 --> 01:40:22.640]  The judge shut them down immediately, said, we're having this hearing.
[01:40:22.640 --> 01:40:32.640]  So the lawyer did something he had never done before, and in doing it, he was terrified.
[01:40:32.640 --> 01:40:35.640]  But he got what he was asking for.
[01:40:35.640 --> 01:40:39.640]  He got a positive result.
[01:40:39.640 --> 01:40:43.640]  I took this as a serious big time win.
[01:40:43.640 --> 01:40:48.640]  Sometimes we just have to train our lawyers.
[01:40:48.640 --> 01:40:52.640]  So we've had a couple of good things happen lately.
[01:40:52.640 --> 01:40:54.640]  And I'm hoping to get another one.
[01:40:54.640 --> 01:41:00.640]  I just filed criminal charges against the sheriff's deputies, four of them,
[01:41:00.640 --> 01:41:07.640]  for smashing my face in the concrete last August or August a year ago.
[01:41:07.640 --> 01:41:11.640]  The third time, I called 911 on them.
[01:41:11.640 --> 01:41:14.640]  I took my complaints to the district attorney,
[01:41:14.640 --> 01:41:19.640]  and the investigator insisted that I should give the sheriff's department
[01:41:19.640 --> 01:41:22.640]  an opportunity to handle this situation,
[01:41:22.640 --> 01:41:25.640]  because I told him I don't like these kinds of complaints.
[01:41:25.640 --> 01:41:31.640]  I don't like complaints that will damage someone's career.
[01:41:31.640 --> 01:41:33.640]  And he insisted they would take care of it.
[01:41:33.640 --> 01:41:36.640]  So that's what I preferred. I took it to them.
[01:41:36.640 --> 01:41:37.640]  They held it about four months.
[01:41:37.640 --> 01:41:41.640]  I went back and talked to them a couple days ago.
[01:41:41.640 --> 01:41:45.640]  And the sheriff's department's internal affairs
[01:41:45.640 --> 01:41:51.640]  said that your complaint had criminal accusations in it,
[01:41:51.640 --> 01:41:57.640]  and therefore we will not touch it.
[01:41:57.640 --> 01:42:04.640]  So if you file a criminal complaint with the Tarrant County Sheriff's Department,
[01:42:04.640 --> 01:42:12.640]  they will refuse to take any action as a matter of policy.
[01:42:12.640 --> 01:42:14.640]  Now, the way I read the code,
[01:42:14.640 --> 01:42:18.640]  that's a violation of 3805 Penal Code, shielding from prosecution.
[01:42:18.640 --> 01:42:26.640]  And I took the complaints that I was bringing to the grand jury in the first place
[01:42:26.640 --> 01:42:30.640]  and went ahead and gave them to the grand jury a couple days ago.
[01:42:30.640 --> 01:42:38.640]  Now I will prepare a state RICO suit against the sheriff
[01:42:38.640 --> 01:42:44.640]  as responding at Superior for creating a policy
[01:42:44.640 --> 01:42:49.640]  that had the effect of shielding officers from prosecution
[01:42:49.640 --> 01:42:53.640]  and denying the public in due course of the laws of the state.
[01:42:53.640 --> 01:43:01.640]  And we'll see what a grand jury thinks about the sheriff's policy.
[01:43:01.640 --> 01:43:04.640]  That's going to be interesting.
[01:43:04.640 --> 01:43:07.640]  Does it sound like fun, Jeff?
[01:43:07.640 --> 01:43:12.640]  Yeah, it does. It will be interesting.
[01:43:12.640 --> 01:43:20.640]  If I can get the grand jury to ask the public integrity unit to examine into this
[01:43:20.640 --> 01:43:27.640]  or ask the Texas Rangers, who now have been put in a position to investigate public officials,
[01:43:27.640 --> 01:43:31.640]  that may be enough to get a lot of this fixed.
[01:43:31.640 --> 01:43:33.640]  Okay, we're about to go to our last segment.
[01:43:33.640 --> 01:43:38.640]  This is Randy Kelton, Rule of Law Radio, here with Jeff Cedric.
[01:43:38.640 --> 01:43:45.640]  He's always here to keep me straight when I stray from the rule of law.
[01:43:45.640 --> 01:43:49.640]  Okay, we'll be right back.
[01:43:49.640 --> 01:44:00.640]  As a record, I did not fall off the cliff this time.
[01:44:00.640 --> 01:44:03.640]  You feel tired when talking about important topics like money and politics?
[01:44:03.640 --> 01:44:04.640]  Sorry!
[01:44:04.640 --> 01:44:07.640]  Are you confused by words like the Constitution or the Federal Reserve?
[01:44:07.640 --> 01:44:08.640]  What?
[01:44:08.640 --> 01:44:12.640]  If so, you may be diagnosed with the deadliest disease known today, stupidity.
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[01:44:19.640 --> 01:44:24.640]  I had no idea that the number one cause of the disease is found in almost every home in America,
[01:44:24.640 --> 01:44:25.640]  the television.
[01:44:25.640 --> 01:44:29.640]  Unfortunately, that puts most Americans at risk of catching stupidity.
[01:44:29.640 --> 01:44:30.640]  But there is hope.
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[01:45:00.640 --> 01:45:03.640]  Are you the plaintiff or defendant in a lawsuit?
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[01:46:01.640 --> 01:46:31.640]  {\an8 riot
[01:46:31.640 --> 01:46:59.640]  The people come down from the hill Into the city they will shuffle
[01:46:59.640 --> 01:47:09.640]  Many long nights, many strong briefs
[01:47:29.640 --> 01:47:35.640]  And the lender, in order to foreclose, doesn't have to invoke subject matter jurisdiction of the court.
[01:47:35.640 --> 01:47:41.640]  So we have to be able to get the lender into court.
[01:47:41.640 --> 01:47:45.640]  And one place they always get into court is on an eviction hearing.
[01:47:45.640 --> 01:48:04.640]  And we could there claim subject matter jurisdiction challenge, but because of the nature of that hearing, they tend not to hear issues of title.
[01:48:04.640 --> 01:48:12.640]  So I'm trying to figure out a way to get this back before the court.
[01:48:12.640 --> 01:48:24.640]  And what I'm thinking is, is after a foreclosure, there has to be a trustees deed filed in the record.
[01:48:24.640 --> 01:48:39.640]  And the challenge could be that the trustee did not have the power to make the sale because legal title was actually transferred to MERS and not to the trustee.
[01:48:39.640 --> 01:48:42.640]  Right.
[01:48:42.640 --> 01:48:45.640]  That would be a state suit.
[01:48:45.640 --> 01:48:48.640]  That would be a state suit under quiet title.
[01:48:48.640 --> 01:48:53.640]  Or in this case, in Texas specifically, it would be a trespass to try title.
[01:48:53.640 --> 01:49:05.640]  Trespass to try title is something you would file after a document has been filed in the record claiming ownership of the property.
[01:49:05.640 --> 01:49:09.640]  And that's what the substitute trustees deed does.
[01:49:09.640 --> 01:49:20.640]  So instead of quiet title, if you have a document that merely makes a claim against property and doesn't claim ownership, you would file a quiet title action.
[01:49:20.640 --> 01:49:32.640]  But if it's a test between whose title is stronger, the warranty deed or the substitute trustees deed, that would be trespass to try title.
[01:49:32.640 --> 01:49:40.640]  So we would have the ability to go back after it wants to substitute trustees deeds filed.
[01:49:40.640 --> 01:49:48.640]  We could go back and challenge that and bring it into court where it's otherwise done without court intervention at all.
[01:49:48.640 --> 01:49:50.640]  Right.
[01:49:50.640 --> 01:49:51.640]  Then we could claim.
[01:49:51.640 --> 01:49:55.640]  But there's also the possibility of breach of contract also.
[01:49:55.640 --> 01:49:58.640]  Oh, we've got lots of breach of contract.
[01:49:58.640 --> 01:49:59.640]  Right.
[01:49:59.640 --> 01:50:05.640]  That is reading, a careful reading of the security instrument.
[01:50:05.640 --> 01:50:11.640]  Read Covenant 15, Covenant 16 of the uniform Fannie Mae Frayback instrument.
[01:50:11.640 --> 01:50:18.640]  Covenant 15 is a requirement that all notices be by mail.
[01:50:18.640 --> 01:50:21.640]  It could be no verbal notices.
[01:50:21.640 --> 01:50:34.640]  And then the Real Estate Settlement Procedures Act requires that any change in the beneficial interest in a note be noticed to the borrower.
[01:50:34.640 --> 01:50:37.640]  So that's the law relating to the contract.
[01:50:37.640 --> 01:50:44.640]  Then you go to Covenant 16, both parties agree to abide by all law.
[01:50:44.640 --> 01:50:52.640]  Isn't there also a covenant in there for the transfer of the ownership of the note, ownership of the deed of trust?
[01:50:52.640 --> 01:50:58.640]  The Real Estate Settlement Procedures Act goes to beneficial interest in the contract.
[01:50:58.640 --> 01:51:00.640]  That's the note.
[01:51:00.640 --> 01:51:06.640]  And any change in beneficial interest is required to be noticed under the Real Estate Settlement Procedures Act.
[01:51:06.640 --> 01:51:21.640]  Right. Now, under the Saving Your Homes Act, they have to notify you where it has been recorded and when the transfer took place and who was the assignee.
[01:51:21.640 --> 01:51:24.640]  Saving Your Home Act.
[01:51:24.640 --> 01:51:27.640]  I haven't dissected that one yet.
[01:51:27.640 --> 01:51:28.640]  Say again?
[01:51:28.640 --> 01:51:31.640]  I haven't dissected that one yet.
[01:51:31.640 --> 01:51:43.640]  But all we need to challenge the contract is to show that the lender failed to abide by some law.
[01:51:43.640 --> 01:51:46.640]  Contract says it's all law.
[01:51:46.640 --> 01:51:53.640]  So we only agreed to this to grant the lender a privilege, two privileges.
[01:51:53.640 --> 01:51:56.640]  One is a claim against the property.
[01:51:56.640 --> 01:52:02.640]  Two is a confessed judgment of the claim.
[01:52:02.640 --> 01:52:21.640]  The lender can only take advantage of those privileges so long as they're in compliance with all the covenants of the code, as long as they're not in default.
[01:52:21.640 --> 01:52:29.640]  When they exercise the privilege, they exercise the privilege based on an alleged default of the contract.
[01:52:29.640 --> 01:52:35.640]  They can't exercise a claimed default when they're in default themselves.
[01:52:35.640 --> 01:52:49.640]  If they default on the contract by violating law relating to the contract before you default, then you can no longer default because the contract has already been repudiated and is void.
[01:52:49.640 --> 01:52:53.640]  So that's one argument that we make.
[01:52:53.640 --> 01:52:56.640]  If we can find any law they violated.
[01:52:56.640 --> 01:53:06.640]  And the way I tend to use this is to say the Real Estate General Procedures Act, the legislature created that remedy.
[01:53:06.640 --> 01:53:12.640]  And because they created the remedy, they could set a time limit on the remedy.
[01:53:12.640 --> 01:53:18.640]  Well, they set the time limit on the remedy so short as to make it virtually worthless.
[01:53:18.640 --> 01:53:24.640]  By the time you figure out what they've done, the time limits already ran.
[01:53:24.640 --> 01:53:27.640]  So it was a scam from the beginning.
[01:53:27.640 --> 01:53:29.640]  Problem.
[01:53:29.640 --> 01:53:31.640]  Covenant 16.
[01:53:31.640 --> 01:53:35.640]  Covenant 16 doesn't have that time limit.
[01:53:35.640 --> 01:53:39.640]  It says that both parties agree to abide by all law.
[01:53:39.640 --> 01:53:41.640]  They violate one.
[01:53:41.640 --> 01:53:47.640]  You don't claim the remedy in the Truth in Lending Act or the Real Estate Settlement Procedures Act.
[01:53:47.640 --> 01:53:51.640]  You claim the remedy as breach of contract.
[01:53:51.640 --> 01:53:56.640]  And you're not subject to the one to three-year statute of limitations.
[01:53:56.640 --> 01:53:58.640]  Does that make sense, Jeff?
[01:53:58.640 --> 01:53:59.640]  Yeah.
[01:53:59.640 --> 01:54:01.640]  Well, here's something else, too.
[01:54:01.640 --> 01:54:03.640]  You were talking about bringing them in under a quiet title.
[01:54:03.640 --> 01:54:06.640]  You can bring them in under the FTC.
[01:54:06.640 --> 01:54:12.640]  The chances are real good you can bring them in under the FTCPA because by federal law,
[01:54:12.640 --> 01:54:18.640]  the servicer is required to send you a monthly statement.
[01:54:18.640 --> 01:54:24.640]  And what they will do is they'll keep adding interest and late fees.
[01:54:24.640 --> 01:54:27.640]  After the notice of default.
[01:54:27.640 --> 01:54:30.640]  After the notice has been accelerated.
[01:54:30.640 --> 01:54:34.640]  Once it's been accelerated, there is no more interest and there is no more late fees.
[01:54:34.640 --> 01:54:36.640]  Late fees on what?
[01:54:36.640 --> 01:54:37.640]  No more payments are due.
[01:54:37.640 --> 01:54:39.640]  Only one.
[01:54:39.640 --> 01:54:44.640]  They're saying that the contract has been repudiated.
[01:54:44.640 --> 01:54:46.640]  Therefore, it's no longer in effect.
[01:54:46.640 --> 01:54:49.640]  You owe me all the money.
[01:54:49.640 --> 01:54:53.640]  So they can't keep saying you owe me more money.
[01:54:53.640 --> 01:54:56.640]  Then everything stops there.
[01:54:56.640 --> 01:55:01.640]  Well, that's breach of the violation of the FTCPA.
[01:55:01.640 --> 01:55:04.640]  That's one way to get them into court and get them into federal court.
[01:55:04.640 --> 01:55:09.640]  And you spoke of this before and when I'm doing the evaluations now,
[01:55:09.640 --> 01:55:18.640]  I'm asking for a complete accounting so that I can compare what you agreed to pay
[01:55:18.640 --> 01:55:25.640]  when you signed the note to what the payments are that are listed on the truth
[01:55:25.640 --> 01:55:32.640]  and lending statement to what the payments are that are listed on your monthly
[01:55:32.640 --> 01:55:36.640]  statement from the servicer.
[01:55:36.640 --> 01:55:41.640]  I very seldom find them the same.
[01:55:41.640 --> 01:55:44.640]  Yeah, I have never found them the same myself.
[01:55:44.640 --> 01:55:45.640]  Yeah.
[01:55:45.640 --> 01:55:48.640]  If they're charging you more, it's a problem.
[01:55:48.640 --> 01:55:53.640]  If they're charging you less, it's just as big a problem.
[01:55:53.640 --> 01:55:58.640]  I've had people come in where they were charged $300 or $400 less than they should have been.
[01:55:58.640 --> 01:56:02.640]  And they think, wonderful, I don't have to pay as much.
[01:56:02.640 --> 01:56:04.640]  No, not so wonderful.
[01:56:04.640 --> 01:56:11.640]  You're heading down a railroad track and there's a light coming at you and it is a train.
[01:56:11.640 --> 01:56:14.640]  It's not the end of the tunnel.
[01:56:14.640 --> 01:56:23.640]  It's not the end of the tunnel because they're going to wait until you have 15% of the note
[01:56:23.640 --> 01:56:28.640]  paid down so that their insurance kicks in.
[01:56:28.640 --> 01:56:35.640]  And then they're going to watch until you are slow to pay twice in a row.
[01:56:35.640 --> 01:56:41.640]  And then they're going to come to you and say, oh, my goodness, we've made a bank error.
[01:56:41.640 --> 01:56:43.640]  We didn't charge you enough.
[01:56:43.640 --> 01:56:48.640]  You owe us 15 grand and we're going to foreclose tomorrow.
[01:56:48.640 --> 01:56:52.640]  I did not figure this out myself.
[01:56:52.640 --> 01:56:56.640]  I had people come to me with exactly this problem.
[01:56:56.640 --> 01:57:00.640]  And I looked at it and said, how on earth did they do that?
[01:57:00.640 --> 01:57:05.640]  And when I went back and looked at the payments, they weren't being charged enough.
[01:57:05.640 --> 01:57:11.640]  If you're not being charged a full amount, you're being set up, count on it.
[01:57:11.640 --> 01:57:15.640]  These guys are scoundrels.
[01:57:15.640 --> 01:57:21.640]  If you're being charged too much, that's not as bad as being charged too much.
[01:57:21.640 --> 01:57:23.640]  Not being charged enough.
[01:57:23.640 --> 01:57:27.640]  But it gives you a very strong claim against them under fraud.
[01:57:27.640 --> 01:57:29.640]  So either one of these.
[01:57:29.640 --> 01:57:36.640]  So it's really important that you look at exactly what you're actually paying.
[01:57:36.640 --> 01:57:39.640]  Main thing to look at, go look at the note.
[01:57:39.640 --> 01:57:43.640]  When you sign that note, you agree to pay a certain amount at a certain interest
[01:57:43.640 --> 01:57:48.640]  over a certain period of time at a specified monthly payment.
[01:57:48.640 --> 01:57:50.640]  It's right there on the note.
[01:57:50.640 --> 01:57:53.640]  That's what you agree to.
[01:57:53.640 --> 01:57:58.640]  If what they're charging you doesn't match that, then it's a big problem.
[01:57:58.640 --> 01:58:00.640]  Yes.
[01:58:00.640 --> 01:58:03.640]  That's my story and I'm sticking to it.
[01:58:03.640 --> 01:58:06.640]  Jeff, if you've got a final word, we've got about 30 seconds.
[01:58:06.640 --> 01:58:08.640]  No, I don't.
[01:58:08.640 --> 01:58:14.640]  Other than, we're still analyzing the murder situation and the deed of trust.
[01:58:14.640 --> 01:58:18.640]  And it'll probably be a while before we decide what, if anything, we can do with it.
[01:58:18.640 --> 01:58:22.640]  Well, good. I'm sure you'll keep us up to speed on that.
[01:58:22.640 --> 01:58:25.640]  This is Randy Felton, Rooted Law Radio.
[01:58:25.640 --> 01:58:29.640]  Thank you all for listening and please go look at our sponsors.
[01:58:29.640 --> 01:58:35.640]  One thing I did want to mention, I didn't mention earlier, was anybody who listens to this show
[01:58:35.640 --> 01:58:38.640]  should get jurisdiction area and go through it.
[01:58:38.640 --> 01:58:41.640]  You'll better understand all the things we're talking about
[01:58:41.640 --> 01:58:44.640]  because it is absolutely the best treatment.
[01:58:44.640 --> 01:58:46.640]  Thank you all for listening.
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