[00:00.000 --> 00:05.840]  The following newsflash is brought to you by the Lone Star Lowdown, providing the daily
[00:05.840 --> 00:08.360]  bulletins for the commodities market.
[00:08.360 --> 00:21.280]  Today in history, news updates and the inside scoop into the tides of the alternative.
[00:21.280 --> 00:26.620]  Markets for Wednesday, March 30th, 2016, are currently treading with gold at $1,227.66
[00:26.620 --> 00:34.040]  an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel, and Bitcoin is currently
[00:34.040 --> 00:43.000]  sitting at about $412 U.S. currency.
[00:43.000 --> 00:48.880]  Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[00:48.880 --> 00:49.880]  Union.
[00:49.880 --> 00:55.400]  Though the new state constitution wasn't approved until 1876, Texas formerly part of the Confederacy
[00:55.400 --> 01:02.080]  was admitted into the Union, today in history.
[01:02.080 --> 01:05.320]  In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:05.320 --> 01:06.840]  on fake cancer charities.
[01:06.840 --> 01:11.240]  The Cancer Fund of America, Cancer Support Services, and their leader, James Reynolds,
[01:11.240 --> 01:15.800]  including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:15.800 --> 01:18.560]  as part of a settlement with the FTC in states.
[01:18.560 --> 01:22.960]  These purported nonprofits agree to be permanently dissolved and their assets liquidated.
[01:22.960 --> 01:27.680]  This is also prohibited for life from managing charitable assets or being part of a charity's
[01:27.680 --> 01:29.800]  board or a trustee.
[01:29.800 --> 01:35.320]  Apparently according to the FTC, of more than the $75 million the charities raised, a vast
[01:35.320 --> 01:39.280]  majority of these funds were going to the charity's organizers and their friends with
[01:39.280 --> 01:44.040]  a measly percentage, less than 5, going to actual patients and research.
[01:44.040 --> 01:49.000]  To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:49.000 --> 01:50.320]  the scheme itself.
[01:50.320 --> 01:54.640]  The charity's remaining assets will first go to pay the state's litigation fees afterward
[01:54.640 --> 01:59.240]  to actual legitimate charities the states elect, though an FTC spokesman did state in
[01:59.240 --> 02:08.480]  an email that if there's any money left, it would probably be a very small amount.
[02:08.480 --> 02:12.620]  After more than six years in development, IBM's TrueNorth brain-inspired processor
[02:12.620 --> 02:16.440]  will be put to the test at the Lawrence Livermore National Lab.
[02:16.440 --> 02:21.400]  They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[02:21.400 --> 02:22.400]  chip.
[02:22.400 --> 02:26.720]  The California Research Lab is set to use it to help the National Nuclear Security Administration
[02:26.720 --> 02:28.840]  battle cybersecurity issues.
[02:28.840 --> 02:34.320]  Consuming just 2.5 watts of power, the same as a tablet computer, the Neuromorphic System
[02:34.320 --> 02:40.280]  can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[02:40.280 --> 02:41.920]  of these TrueNorth chips.
[02:41.920 --> 02:47.160]  IBM Chief Scientist Dharmendra Modha stated that the delivery of this advanced computing
[02:47.160 --> 02:52.840]  platform represents a major milestone as we enter the next era of cognitive computing.
[02:52.840 --> 02:59.840]  This is Rick Rode with your Lowdown for March 30, 2016.
[02:59.840 --> 03:15.040]  Bad boys, bad boys, whatcha gonna do?
[03:15.040 --> 03:29.480]  Bad boys, bad boys, whatcha gonna do?
[03:29.480 --> 03:48.480]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:48.480 --> 03:49.480]  When you work and you're head back free, you go to school and learn the golden rule.
[03:49.480 --> 03:50.480]  So why are you acting like a bloody fool?
[03:50.480 --> 03:51.480]  Okay, howdy, howdy.
[03:51.480 --> 03:58.480]  This is Randy Kelkin on the Rue de la Radio on this Friday, the first day of April 2016.
[03:58.480 --> 04:03.800]  We're already a quarter of the way through another year.
[04:03.800 --> 04:05.600]  My mother warned me about this.
[04:05.600 --> 04:11.640]  I'm always kind of dismayed when a new month comes around, and it seems like it should
[04:11.640 --> 04:18.320]  only be a couple weeks, but my mother warned me that this was going to get worse.
[04:18.320 --> 04:22.240]  Okay, tonight we intended to have a guest on.
[04:22.240 --> 04:32.240]  We have a lawyer in Wisconsin who is being attacked by the Office of Lawyer Regulation
[04:32.240 --> 04:39.840]  because she's been taking on these foreclosure issues with some really sophisticated arguments.
[04:39.840 --> 04:46.720]  But because the Office of Lawyer Regulation is jerking her around, she wasn't able to,
[04:46.720 --> 04:49.960]  so I hope to have her on soon.
[04:49.960 --> 04:55.280]  We don't have a guest on today, so I'm opening the phone lines.
[04:55.280 --> 04:58.840]  We'll keep them on all night.
[04:58.840 --> 05:06.040]  And since I have some time, there's one thing that I don't go through often, and I should,
[05:06.040 --> 05:11.560]  because this show is about how to take on public officials.
[05:11.560 --> 05:21.960]  And over several years of doing this show, we've worked out a set of methods that have
[05:21.960 --> 05:24.800]  turned out to be relatively effective.
[05:24.800 --> 05:29.200]  I was just in Weatherford, Texas, giving them a hard time the other day.
[05:29.200 --> 05:34.600]  The last time I was in Weatherford, Texas, they had someone in jail there for driving
[05:34.600 --> 05:39.040]  without a valid driver's license, third offense, they put him in jail for 90 days.
[05:39.040 --> 05:46.760]  Now I have a woman in jail there driving without a license in jail for 90 days.
[05:46.760 --> 05:52.960]  And I looked in the record and found a motion in Lemony.
[05:52.960 --> 06:01.680]  And the prosecuting attorney in a motion in Lemony is a motion listing all of the things
[06:01.680 --> 06:04.440]  you can't say in court.
[06:04.440 --> 06:10.680]  They listed in the motion in Lemony and asked the judge to approve it.
[06:10.680 --> 06:15.080]  I have somewhere in my files, I have a wonderful motion in Lemony.
[06:15.080 --> 06:16.920]  It has everything in it.
[06:16.920 --> 06:20.880]  I found it in a criminal file.
[06:20.880 --> 06:27.080]  And I was in court when they were coming after me in Wise County, said, well, a long time
[06:27.080 --> 06:28.080]  ago.
[06:28.080 --> 06:32.320]  And the judge is, he's annoyed having to go through this, and he come to this section,
[06:32.320 --> 06:40.400]  he said, and it asked the court to not allow the prosecutor to bring up anything about
[06:40.400 --> 06:42.800]  any hypnotic interviews.
[06:42.800 --> 06:44.920]  And the judge said, Mr. Kelton, were you hypnotized?
[06:44.920 --> 06:47.560]  Well, I don't know, Judge.
[06:47.560 --> 06:50.520]  You know how they make you forget that kind of stuff?
[06:50.520 --> 06:51.520]  Ask him.
[06:51.520 --> 06:55.480]  And the judge denied, denied.
[06:55.480 --> 06:56.480]  He was a bit furious.
[06:56.480 --> 07:00.080]  But anyway, I found this motion in Lemony.
[07:00.080 --> 07:09.640]  And in there, they asked the judge to order the defendant not to raise any issue concerning
[07:09.640 --> 07:16.960]  the right to travel, not to bring up any statute or case law concerning the right to travel,
[07:16.960 --> 07:21.920]  and it was irrelevant to the case at bar.
[07:21.920 --> 07:30.080]  The judge approved it and gave a, and then approved the motion in Lemony, so that acted
[07:30.080 --> 07:35.200]  to deny the person in procedural due process.
[07:35.200 --> 07:46.560]  In the charge to the jury, the judge defined some terms, I'll have to pull it out and read
[07:46.560 --> 07:47.560]  it.
[07:47.560 --> 07:53.720]  He made up his own definition to travel, to motor vehicle.
[07:53.720 --> 08:00.880]  Motor vehicle is anything that moves on the highway, anything that moves on the highway
[08:00.880 --> 08:02.680]  powered by a motor.
[08:02.680 --> 08:06.360]  Well, that's not the definition in the transportation code.
[08:06.360 --> 08:12.280]  So he made up a new definition that suited his purpose and gave that as an instruction
[08:12.280 --> 08:13.280]  to the jury.
[08:13.280 --> 08:15.520]  We're going to work this judge over.
[08:15.520 --> 08:23.120]  Anyway, we have a caller already and it's Gary from Oklahoma.
[08:23.120 --> 08:32.280]  And I did not get to Eddie Craig on Oklahoma property taxes.
[08:32.280 --> 08:37.120]  My apologies, Gary, I wish you'd have sent me an email.
[08:37.120 --> 08:38.720]  You're on the air, Gary.
[08:38.720 --> 08:46.920]  I'm going to open a browser and see if I can find something on the subject of property
[08:46.920 --> 08:48.920]  taxes in Oklahoma.
[08:48.920 --> 08:51.920]  Are you there, Gary?
[08:51.920 --> 08:52.920]  Yes.
[08:52.920 --> 08:54.920]  Hi, Randy.
[08:54.920 --> 08:55.920]  Oklahoma.
[08:55.920 --> 09:02.920]  O-A-O-K-A-L-O-H-O-M-A. Is that right?
[09:02.920 --> 09:06.960]  Yeah, Oklahoma.
[09:06.960 --> 09:12.520]  Did you look up the property tax code for Oklahoma?
[09:12.520 --> 09:15.160]  Yes, I have.
[09:15.160 --> 09:18.560]  And the more I read through it, the more I confuse I get.
[09:18.560 --> 09:23.560]  Wait a minute, move your mic down by your chin a little bit.
[09:23.560 --> 09:24.560]  It's distorting.
[09:24.560 --> 09:25.560]  Okay.
[09:25.560 --> 09:26.560]  All right.
[09:26.560 --> 09:31.560]  Yes, I have read some of it.
[09:31.560 --> 09:34.360]  I really don't understand it.
[09:34.360 --> 09:42.480]  Is there a section, okay, here I'm looking at property taxes, page 15.
[09:42.480 --> 09:49.160]  Is there a section in the property tax code for a payment options?
[09:49.160 --> 09:55.120]  Because generally, you know, you said the other day that it had to all be paid in full
[09:55.120 --> 09:57.120]  by a certain date.
[09:57.120 --> 10:05.720]  The taxes code says that, but there's also options where someone is having trouble paying
[10:05.720 --> 10:06.720]  it.
[10:06.720 --> 10:13.200]  It's not the intent of the tax assessor collector to take your property.
[10:13.200 --> 10:17.520]  So there's a lot in there to give you opportunity.
[10:17.520 --> 10:21.400]  See, I'm looking here.
[10:21.400 --> 10:23.800]  This is not exactly the code.
[10:23.800 --> 10:29.680]  This is by the taxpayer education series.
[10:29.680 --> 10:31.800]  What if you do not pay your taxes?
[10:31.800 --> 10:37.400]  As long as you allow your property taxes to go unpaid, the more expensive and risky it
[10:37.400 --> 10:38.400]  becomes for you.
[10:38.400 --> 10:41.400]  How far delinquent are you?
[10:41.400 --> 10:45.400]  This will be the fourth year.
[10:45.400 --> 10:46.400]  Okay.
[10:46.400 --> 10:49.800]  Delinquent taxes are issued, your property can be sold.
[10:49.800 --> 10:54.640]  Say you need to pay your property taxes as a result of the loss of the property.
[10:54.640 --> 11:02.400]  This is not the code, so it doesn't tell me what the code actually says.
[11:02.400 --> 11:05.760]  Okay, what does it say?
[11:05.760 --> 11:15.320]  How far delinquent do you have to be before the tax assessor can foreclose on the property?
[11:15.320 --> 11:21.920]  I believe it's 36 months before notice.
[11:21.920 --> 11:35.680]  Is there anything in the code concerning delinquency or payment options?
[11:35.680 --> 11:38.640]  I haven't come across one yet.
[11:38.640 --> 11:50.000]  I haven't finished reading all of the tax codes, so I haven't seen one as of yet.
[11:50.000 --> 11:57.280]  And when is the tax sale supposed to come out?
[11:57.280 --> 11:58.280]  June 14th.
[11:58.280 --> 12:01.120]  Okay, you've got a little time.
[12:01.120 --> 12:07.560]  You've actually got enough time to file a civil action.
[12:07.560 --> 12:18.240]  And just for the record, okay, what is the procedure for challenging the amount you're
[12:18.240 --> 12:23.320]  being charged?
[12:23.320 --> 12:25.920]  I'm not exactly sure on that yet.
[12:25.920 --> 12:34.560]  I've asked the court clerk a few questions, and that's when she had told me that it could
[12:34.560 --> 12:36.240]  be a public simple.
[12:36.240 --> 12:44.520]  And what she failed to tell me was 2011 needs to be paid in full to get it off of the tax
[12:44.520 --> 12:45.520]  sale block.
[12:45.520 --> 12:51.600]  Okay, yes, the fourth year is the one that would have to be paid.
[12:51.600 --> 12:55.440]  And how much is that?
[12:55.440 --> 12:57.440]  With all the...
[12:57.440 --> 12:58.440]  It's about $3,500.
[12:58.440 --> 12:59.440]  But say that again.
[12:59.440 --> 13:00.440]  You kind of broke up.
[13:00.440 --> 13:01.440]  About $3,500.
[13:01.440 --> 13:10.080]  Okay, okay, yeah, you should be able to stop that.
[13:10.080 --> 13:17.280]  This is important, you've got anything you can sell, any way you could come up with at
[13:17.280 --> 13:19.280]  least a good portion of it.
[13:19.280 --> 13:28.640]  Yeah, I've got about half of it now, so I'm on to getting it.
[13:28.640 --> 13:35.760]  If you go down and give the tax assessor half of it, almost certainly he will stop the sale.
[13:35.760 --> 13:42.440]  You can offer him half of it on the condition that he stopped the sale and work out payment
[13:42.440 --> 13:43.880]  options.
[13:43.880 --> 13:46.880]  If he doesn't, then you can file suit.
[13:46.880 --> 13:50.640]  It only costs you a couple hundred bucks.
[13:50.640 --> 13:57.760]  And okay, before you do anything, before you even say anything, I'm trying to look here.
[13:57.760 --> 14:05.800]  These codes doesn't have a good table of contents, so I can't jump right to where I want to be.
[14:05.800 --> 14:11.640]  What you want to look at, okay, written estimate of revenue gain or loss or written statement
[14:11.640 --> 14:13.880]  recommendations, proposed tax law change.
[14:13.880 --> 14:20.640]  Now, I'm looking for assessments and how they do the assessments.
[14:20.640 --> 14:31.920]  One way to gain yourself some time is to sue them based on the assessed amount of the tax
[14:31.920 --> 14:39.480]  and claim that they're charging you too much and they'll jump up and down and wave their
[14:39.480 --> 14:48.160]  arms and raise the righteous indignation, but you don't care, it'll buy you time.
[14:48.160 --> 14:53.720]  But before you do that, you need to read the code twice.
[14:53.720 --> 14:57.280]  The first time you read the code, don't even try to understand it.
[14:57.280 --> 15:00.720]  Just cruise right through it.
[15:00.720 --> 15:07.440]  What that will do is give you referential index for the second time you read the code.
[15:07.440 --> 15:13.960]  When you go back through it a second time, all of these pieces will start fitting together.
[15:13.960 --> 15:19.920]  I can guarantee you, if you read it twice, you'll understand it better than the tax assessor
[15:19.920 --> 15:24.440]  does.
[15:24.440 --> 15:26.920]  Once you've done that, then you can file suit.
[15:26.920 --> 15:30.720]  It's really easy to file suit.
[15:30.720 --> 15:38.080]  I had a friend who had an eviction hearing coming up and this is when I was first researching
[15:38.080 --> 15:40.520]  the foreclosure issue.
[15:40.520 --> 15:45.000]  He had an eviction hearing in two days and he needed a lawsuit.
[15:45.000 --> 15:47.040]  I said, man, I'm still doing my research.
[15:47.040 --> 15:48.240]  He said, I don't have time.
[15:48.240 --> 15:49.240]  I'm doing research.
[15:49.240 --> 15:52.000]  He said, I got an eviction hearing coming up.
[15:52.000 --> 15:53.000]  I need something now.
[15:53.000 --> 16:01.000]  I went on the internet and pulled down a bunch of junk and put it together and put a lawsuit
[16:01.000 --> 16:05.800]  caption on it and he went down and filed it and stopped the eviction.
[16:05.800 --> 16:14.160]  The other side got a copy of it and they sent a motion to dismiss to the court and effectively
[16:14.160 --> 16:19.240]  said, your honor, you should dismiss this case because it's a bunch of crap.
[16:19.240 --> 16:24.640]  The judge, he read it, he agreed it's a bunch of crap.
[16:24.640 --> 16:29.360]  He ordered my friend to file an amended.
[16:29.360 --> 16:32.360]  He filed it amended.
[16:32.360 --> 16:35.680]  Now that took about 90 days.
[16:35.680 --> 16:36.680]  So he filed the amended.
[16:36.680 --> 16:37.680]  We'll be right back.
[16:37.680 --> 16:38.680]  We're about to go to break.
[16:38.680 --> 16:41.680]  We'll pick this up on the other side.
[16:41.680 --> 16:44.840]  I almost ran off the cliff again.
[16:44.840 --> 16:51.000]  This is Randy Kelton, Rule of Law Radio, our calling number, 512-646-1984.
[16:51.000 --> 16:58.200]  Give us a call and this is the end of our fundraiser so go to our sponsors and help
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[19:21.320 --> 19:44.920]  I'm always on the lookout for something to soothe my soul.
[19:44.920 --> 20:08.920]  I'm looking through the tax code here, but I'm not sure I'm in the right place.
[20:08.920 --> 20:11.480]  There seems to be a general tax office.
[20:11.480 --> 20:15.480]  I don't see a county assessor collector.
[20:15.480 --> 20:22.360]  I do see where you can post a bond, any bond required to be filed to protect the state
[20:22.360 --> 20:27.480]  of Oklahoma under this article or any state tax law must be approved.
[20:27.480 --> 20:36.040]  Are there any bonds required for property taxes in Oklahoma?
[20:36.040 --> 20:46.600]  Well, the first thing is, is considering the value of your property and how relatively
[20:46.600 --> 20:54.680]  little you owe on it, you really need to scout for these codes, study them.
[20:54.680 --> 20:58.360]  You could get a lawyer, but the lawyer would just charge you a fortune and throw you under
[20:58.360 --> 21:02.400]  the bus anyway.
[21:02.400 --> 21:07.480]  First thing I suggest and at this point is the only thing I can suggest is that you get
[21:07.480 --> 21:12.640]  the tax code and read the whole thing twice.
[21:12.640 --> 21:20.280]  Once you read it twice, you'll have a real good understanding of how all the pieces fit
[21:20.280 --> 21:27.120]  together and then all you have to do is call them on an issue.
[21:27.120 --> 21:37.480]  Public officials never do it right, they just can't help themselves, they never do it right.
[21:37.480 --> 21:45.920]  They do it the way officials have been doing it and if the code doesn't match what they're
[21:45.920 --> 21:55.520]  doing, they assume there must be some law or case law or regulation or exemption or
[21:55.520 --> 21:58.960]  something they don't know about.
[21:58.960 --> 22:03.360]  Because if this was wrong, everybody wouldn't be doing it.
[22:03.360 --> 22:11.980]  So in short, they just do what they've always been doing, we don't care what the law says.
[22:11.980 --> 22:18.400]  So when you read the law and bring it back to them, now they start hopping and jumping
[22:18.400 --> 22:26.000]  and all you have to do is find them violating one law, primarily look at how they assess
[22:26.000 --> 22:29.360]  the amount of taxes.
[22:29.360 --> 22:38.480]  Keep in mind they're collecting money to pay salaries, so they have an incentive to collect
[22:38.480 --> 22:40.980]  all the money they can.
[22:40.980 --> 22:47.680]  So if there's a matter of a judgment call on whether something should be assessed, they're
[22:47.680 --> 22:56.280]  going to go for the assessment rather than lowering their income, I mean, this is natural.
[22:56.280 --> 23:00.480]  And when nobody challenges it, they get used to doing it.
[23:00.480 --> 23:06.960]  And then they think it's how it's supposed to be done, then somebody like you comes along
[23:06.960 --> 23:15.780]  and hammers them with it, if you can find some procedure they're doing that has the
[23:15.780 --> 23:19.600]  effect of increasing their revenue.
[23:19.600 --> 23:24.840]  Now you can pull out the private attorney general card.
[23:24.840 --> 23:30.200]  You can sue in the capacity of a private attorney general.
[23:30.200 --> 23:38.480]  Now there's a lot of stuff in the patriot community about becoming a private attorney
[23:38.480 --> 23:39.480]  general.
[23:39.480 --> 23:42.320]  Well, you can't become a private attorney general.
[23:42.320 --> 23:51.320]  A private attorney general suit is what the courts have named a particular type of suit
[23:51.320 --> 23:54.120]  that they allow.
[23:54.120 --> 24:01.000]  Let's say that the tax assessor is assessing an extra hundred bucks on every property in
[24:01.000 --> 24:02.000]  the county.
[24:02.000 --> 24:09.400]  Well, a hundred bucks you're going to sue for a hundred bucks, it's going to cost you
[24:09.400 --> 24:16.320]  several thousand to file and prosecute the suit, so it's not worth it.
[24:16.320 --> 24:27.680]  However, because of that, because the law leaves these gaps, you can sue in your behalf
[24:27.680 --> 24:33.320]  and in the behalf of others similarly situated.
[24:33.320 --> 24:39.000]  And you can collect for yourself and for those others, for the harm to the others.
[24:39.000 --> 24:46.240]  That way it allows your suit to have a potential payoff of enough to make it worth your paying
[24:46.240 --> 24:51.680]  the attorney fees and the filing fees and going to all the trouble that it would take
[24:51.680 --> 24:56.960]  to right this wrong.
[24:56.960 --> 25:02.040]  And really when you get right down to it, it's not that hard to do a lawsuit, especially
[25:02.040 --> 25:03.040]  if you're pro se.
[25:03.040 --> 25:08.920]  And yeah, I know there's some purists out there that are going to say, oh, well, you
[25:08.920 --> 25:15.840]  shouldn't file a suit unless you have a reasonable expectation of winning and you should never
[25:15.840 --> 25:18.040]  file a suit just to harass them.
[25:18.040 --> 25:26.920]  Yeah, I know that, but in the real world we live in, it's all about the money in the end.
[25:26.920 --> 25:32.000]  When you file a suit against the tax assessor collector, it's going to cost him a whole
[25:32.000 --> 25:38.400]  lot more than you owe to fight you.
[25:38.400 --> 25:44.120]  And there's one other really neat little thing that comes with it.
[25:44.120 --> 25:49.360]  Prosecuting attorneys are usually not the sharpest knives in the drawer.
[25:49.360 --> 25:54.400]  If they were the sharpest knife in the drawer, they'd be out there making the big bucks.
[25:54.400 --> 25:59.960]  But to get out of law school and if a firm don't pick them up or they're having trouble
[25:59.960 --> 26:08.480]  building a clientele, then they go down and run for prosecuting attorney or they go to
[26:08.480 --> 26:11.080]  work for the prosecutor's office.
[26:11.080 --> 26:13.040]  And as a prosecutor, they don't have to do much.
[26:13.040 --> 26:21.640]  All they have to do is make deals because 99.6% of all crimes across the board wind
[26:21.640 --> 26:27.240]  up with a deal and a plea of guilty, so they don't have to practice law.
[26:27.240 --> 26:32.560]  All they have to do is get good at making deals.
[26:32.560 --> 26:38.880]  Then when the prosecuting attorney, which in your case would be the county attorney,
[26:38.880 --> 26:49.200]  in a lawsuit against the county, the prosecuting attorney becomes the lawyer for the county.
[26:49.200 --> 26:57.760]  When he's a lawyer for the county, he is not a prosecutor and has zero immunity from
[26:57.760 --> 27:01.600]  suit.
[27:01.600 --> 27:06.920]  So if he stubs his little toe, you bang him with a lawsuit.
[27:06.920 --> 27:09.680]  Now they get real excited.
[27:09.680 --> 27:18.320]  The prosecutor is going to get really excited because a lawsuit against him will drive their
[27:18.320 --> 27:24.240]  bond rating through the roof.
[27:24.240 --> 27:28.920]  And the bonding company, essentially that's the county's insurance company, they're going
[27:28.920 --> 27:32.200]  to get really unhappy.
[27:32.200 --> 27:38.320]  And the lawyer himself, if he leaves the prosecutor's office, he won't be able to get malpractice
[27:38.320 --> 27:39.800]  insurance.
[27:39.800 --> 27:45.520]  It's not about the law.
[27:45.520 --> 27:46.520]  It's not about the right of things.
[27:46.520 --> 27:48.520]  It's all about the politics.
[27:48.520 --> 27:49.520]  So...
[27:49.520 --> 27:59.240]  And I understand they're not allowed to charge us direct taxes with property tax falls under
[27:59.240 --> 28:00.240]  that guy.
[28:00.240 --> 28:01.240]  Wait a minute.
[28:01.240 --> 28:02.240]  Hold on.
[28:02.240 --> 28:08.960]  Move the mic a little bit away from your face, it's distorting.
[28:08.960 --> 28:13.800]  The property tax is considered a direct tax, but we're not supposed to have a direct tax.
[28:13.800 --> 28:16.720]  It's not supposed to be a law for direct tax.
[28:16.720 --> 28:17.720]  Oh, no.
[28:17.720 --> 28:21.480]  You're not going to win that fight.
[28:21.480 --> 28:22.840]  You'll get that one.
[28:22.840 --> 28:25.720]  That one they will dismiss immediately.
[28:25.720 --> 28:29.320]  And you'll file an appeal and the court of appeals will give it and they will dismiss
[28:29.320 --> 28:30.320]  immediately.
[28:30.320 --> 28:41.520]  It is the natural tendency to try to win your case based on the rule of law.
[28:41.520 --> 28:45.120]  Unfortunately it doesn't work that way.
[28:45.120 --> 28:54.240]  One of the things you have to look at is even if you're dead bang right, if the court rules
[28:54.240 --> 29:02.720]  in your favor, then that will have the effect of rendering void all the property tax codes
[29:02.720 --> 29:08.160]  and will bankrupt the state of Oklahoma.
[29:08.160 --> 29:16.440]  What do you think the likelihood of that is?
[29:16.440 --> 29:26.440]  The politics is that we want to look for a claim that if they rule against you, they
[29:26.440 --> 29:31.560]  damage the corpus juris, the body of law.
[29:31.560 --> 29:36.220]  Now this trial judge, he don't much care about the body of law.
[29:36.220 --> 29:39.880]  He just cares about the politics of the moment.
[29:39.880 --> 29:45.120]  He cares about satisfying the tax assessor collector and the people in the county.
[29:45.120 --> 29:49.640]  The court of appeals, they have a whole other attitude.
[29:49.640 --> 29:53.800]  They don't want to render a ruling another lawyer can use that will disrupt the body
[29:53.800 --> 29:54.800]  of law.
[29:54.800 --> 29:55.800]  Hang on.
[29:55.800 --> 30:03.280]  I'll explain this better on the other side, but we'll be right back.
[30:03.280 --> 30:08.160]  The Chicago Marathon is no tip toe through the tulips, but a pregnant woman overdue with
[30:08.160 --> 30:11.720]  her second child ran the whole race before going into labor.
[30:11.720 --> 30:17.980]  I'm Dr. Catherine Albrecht, back with the amazing story of the Marathon Mom, next.
[30:17.980 --> 30:19.720]  Privacy is under attack.
[30:19.720 --> 30:23.320]  When you give up data about yourself, you'll never get it back again.
[30:23.320 --> 30:28.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:28.280 --> 30:33.600]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:33.600 --> 30:36.040]  Privacy, it's worth hanging on to.
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[30:45.240 --> 30:52.760]  Amber Miller, a 27-year-old mom from suburban Chicago, gives new meaning to the word endurance.
[30:52.760 --> 30:57.920]  Miller was pregnant and three weeks overdue at the start of the city's Marathon.
[30:57.920 --> 31:01.960]  She'd run seven times before, including once while pregnant with her first child.
[31:01.960 --> 31:05.720]  So she figured, what the heck, and planned to run only half the course.
[31:05.720 --> 31:11.240]  But when she got started, she just kept going, finishing the entire 26 miles in just over
[31:11.240 --> 31:12.240]  six hours.
[31:12.240 --> 31:16.640]  Then at the finish line, she had a more urgent race to run to the hospital, where she gave
[31:16.640 --> 31:19.200]  birth to a healthy seven-pound baby girl.
[31:19.200 --> 31:21.640]  Phew, I bet that was a relief.
[31:21.640 --> 31:31.440]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
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[32:00.920 --> 32:05.800]  Rule of Law Radio is proud to offer the Rule of Law Traffic Seminar.
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[32:09.640 --> 32:13.600]  to have a free society, then we're going to have to stand and defend our own rights.
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[32:16.800 --> 32:20.840]  in our own private capacity, and most importantly, the right to due process of law.
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[33:00.600 --> 33:11.960]  You're listening to the Logos Radio Network at logosradionetwork.com.
[33:11.960 --> 33:37.480]  Okay, we are back.
[33:37.480 --> 33:42.560]  Randy Kelton, Rule of Law Radio, and we're talking to Gary in Oklahoma.
[33:42.560 --> 33:46.280]  Gary, we're having a little difficulty.
[33:46.280 --> 33:52.280]  My producer says you're talking too soft, but when you talk loud, your mic is distorting.
[33:52.280 --> 33:59.400]  So try moving your mic down so it's not in front of your mouth and talk a little bit
[33:59.400 --> 34:00.400]  louder.
[34:00.400 --> 34:01.400]  So you put it right by your chin.
[34:01.400 --> 34:04.440]  Maybe it'll pick up better without distorting.
[34:04.440 --> 34:05.440]  Okay.
[34:05.440 --> 34:18.280]  Okay, I'm talking about finding a way to sting them and just to stop them and hold them.
[34:18.280 --> 34:23.960]  If they're violating a policy or if you can show that it appears that they're violating
[34:23.960 --> 34:33.960]  a policy, if they're collecting, if they're assessing the tax in a way that doesn't appear
[34:33.960 --> 34:41.280]  to be completely within their guidelines, and you can always find something like that,
[34:41.280 --> 34:43.280]  then you sting them.
[34:43.280 --> 34:52.360]  You file a suit against them and ask for an injunction against the collection of the tax
[34:52.360 --> 34:58.880]  because if they're assessing more tax than you actually owe, that contributes to your
[34:58.880 --> 35:01.240]  inability to pay.
[35:01.240 --> 35:08.680]  So now they become partially liable for your inability to pay, and you ask for an injunction
[35:08.680 --> 35:15.080]  against the tax assessor so that he doesn't collect any legal tax.
[35:15.080 --> 35:20.000]  And almost even without an injunction, when you file a suit against them, they'll stop
[35:20.000 --> 35:27.840]  the collection process, and then this buys you time to recover so you can begin to pay
[35:27.840 --> 35:28.840]  the tax back.
[35:28.840 --> 35:36.760]  And of course, almost certainly, because it costs them so much to fight you, they're likely
[35:36.760 --> 35:40.640]  to come to the table and make a deal for a reduced payoff.
[35:40.640 --> 35:48.480]  If it's only $3,500, it's going to cost them more than that just to answer it.
[35:48.480 --> 35:49.480]  Absolutely.
[35:49.480 --> 35:50.480]  Okay.
[35:50.480 --> 35:59.160]  Okay, lawyers would say, oh, it's not nice to do that to the poor tax assessor collector.
[35:59.160 --> 36:00.160]  Yeah, life is tough.
[36:00.160 --> 36:03.880]  I'm not worried about being nice, that's for certain.
[36:03.880 --> 36:04.880]  Yeah.
[36:04.880 --> 36:05.880]  Yeah.
[36:05.880 --> 36:10.640]  He's not going to be nice when he comes after you, so let's take it back to him, and you
[36:10.640 --> 36:11.640]  keep him honest.
[36:11.640 --> 36:12.640]  Okay.
[36:12.640 --> 36:18.360]  I hope that helps, but go through the code, read the code, and then call us back next
[36:18.360 --> 36:19.360]  week.
[36:19.360 --> 36:20.360]  All right.
[36:20.360 --> 36:21.360]  Okay.
[36:21.360 --> 36:22.480]  And then we'll talk about what you find in there.
[36:22.480 --> 36:27.160]  I think you will be pleasantly surprised at what you find in there.
[36:27.160 --> 36:28.160]  Okay.
[36:28.160 --> 36:29.160]  Yeah.
[36:29.160 --> 36:30.160]  The assessment...
[36:30.160 --> 36:31.160]  Okay.
[36:31.160 --> 36:32.160]  Thank you, Gary.
[36:32.160 --> 36:33.160]  Okay.
[36:33.160 --> 36:34.160]  Yeah, we're good.
[36:34.160 --> 36:35.160]  Okay.
[36:35.160 --> 36:36.160]  Wait.
[36:36.160 --> 36:37.160]  Did you have another question?
[36:37.160 --> 36:38.160]  No.
[36:38.160 --> 36:46.400]  I was just going to make two points for some of the information I did find out.
[36:46.400 --> 36:50.520]  Every four years, they're supposed to assess, a person's supposed to physically come out
[36:50.520 --> 36:51.520]  and assess.
[36:51.520 --> 36:56.760]  However, I've been here for 16 years in this house, and I've never seen any paperwork for
[36:56.760 --> 37:01.960]  the assessment, and also go off of the...
[37:01.960 --> 37:07.040]  You mean the tax assessor collector's never knocked on your door and asked to look around?
[37:07.040 --> 37:09.160]  Never, never.
[37:09.160 --> 37:11.880]  I just had one do that to me recently.
[37:11.880 --> 37:17.840]  He said, I understand you're doing some work in the house, and you mind if I come in and
[37:17.840 --> 37:18.840]  look?
[37:18.840 --> 37:19.840]  I said, get out of here.
[37:19.840 --> 37:22.640]  Oh, Mr. Kelton, we need to reassess it.
[37:22.640 --> 37:26.600]  Yes, yeah, I know you do, but I don't want you to.
[37:26.600 --> 37:28.120]  And I told him I wasn't finished yet.
[37:28.120 --> 37:31.640]  When I'm finished with the work, they're going to want to come and reassess it, so they looked
[37:31.640 --> 37:32.640]  my assessment.
[37:32.640 --> 37:39.920]  So if you've never seen them, then they're just doing an average tax, and if the code
[37:39.920 --> 37:48.840]  says they're supposed to do an assessment, that's one you can sting them good.
[37:48.840 --> 37:54.600]  Now they're looking at having to go out and actually assess every property.
[37:54.600 --> 37:56.920]  That's going to cost them a lot of money.
[37:56.920 --> 38:01.720]  Yes, speaking to their duty.
[38:01.720 --> 38:05.880]  Oh, this is great.
[38:05.880 --> 38:16.440]  After all this is said and done, I found out, though, that if you own your allotium title,
[38:16.440 --> 38:21.080]  then you can get taken off of a tax roll.
[38:21.080 --> 38:23.960]  That's a lot, that's somewhat different.
[38:23.960 --> 38:31.960]  We had a guy out of New York, and what he did was, is he sent a letter to the tax assessor
[38:31.960 --> 38:41.640]  collector, I'm sorry, sent a letter to the county commissioner's court, and asked the
[38:41.640 --> 38:52.280]  court if the county or the state had a claim against his property.
[38:52.280 --> 38:57.040]  And they sent back a letter saying, no, they don't, but they will, in your case, they'll
[38:57.040 --> 38:58.040]  say this tax thing.
[38:58.040 --> 39:01.880]  Let me explain how this works.
[39:01.880 --> 39:12.400]  Actually, the state of Oklahoma gave away a whole bunch of land grants, but part of
[39:12.400 --> 39:17.240]  it is, in the great land rush, that was where they gave away a bunch of land, but the rest
[39:17.240 --> 39:20.160]  of it they sold.
[39:20.160 --> 39:24.760]  And when they sold the property to someone, they took a lien against the property, because
[39:24.760 --> 39:30.440]  they most often sold the property on time, because nobody had any money to pay for it
[39:30.440 --> 39:32.360]  all at once.
[39:32.360 --> 39:38.200]  So they took a lien against the property in the form of a title.
[39:38.200 --> 39:46.800]  The deed to your property is a lien, the warranty deed, that's a lien that the state has against
[39:46.800 --> 39:49.560]  your property.
[39:49.560 --> 39:55.360]  And once it was paid off, that lien was, that title was supposed to have been eliminated,
[39:55.360 --> 39:59.320]  and you go back to a new year, a loyal title.
[39:59.320 --> 40:01.160]  But nobody did that.
[40:01.160 --> 40:06.520]  The only time they can tax you is if the state holds a claim against the property.
[40:06.520 --> 40:12.160]  So you go in and ask the county tax assessor collector if the state has a claim against
[40:12.160 --> 40:15.080]  your property.
[40:15.080 --> 40:18.560]  And if your taxes are all paid up, they're going to say no, and you need them to say
[40:18.560 --> 40:21.320]  no.
[40:21.320 --> 40:27.360]  And once they say no, then you send a letter to the tax assessor collector stating that
[40:27.360 --> 40:33.280]  the state has no claim against your property to remove, to remove to the, to the private
[40:33.280 --> 40:34.280]  roles.
[40:34.280 --> 40:40.720]  There's a section for private property and state-claimed property, and that takes you
[40:40.720 --> 40:43.560]  off the tax rolls.
[40:43.560 --> 40:47.880]  A loyal title or getting off the tax rolls has other consequences.
[40:47.880 --> 40:50.800]  Do you live in a municipality?
[40:50.800 --> 40:51.800]  Yes.
[40:51.800 --> 40:57.880]  Okay, if you're in town, that creates other problems.
[40:57.880 --> 41:04.120]  If you bring forward your loyal title and get off the tax rolls, you're no longer paying
[41:04.120 --> 41:08.440]  for police on fire protection.
[41:08.440 --> 41:12.840]  They won't be allowed to protect you.
[41:12.840 --> 41:18.560]  If your house catches on fire, all the fire department can do is keep the houses around
[41:18.560 --> 41:19.960]  you from catching on fire.
[41:19.960 --> 41:24.840]  They can't put years out because you're not under contract with them.
[41:24.840 --> 41:29.640]  If you call the police, they can't come to your property and assist you because you're
[41:29.640 --> 41:33.200]  not under contract with them.
[41:33.200 --> 41:34.720]  So all under contract.
[41:34.720 --> 41:41.000]  So a loyal title is an, may be an option.
[41:41.000 --> 41:48.600]  It's a greater option in Texas because we have our own land board and everybody else
[41:48.600 --> 41:57.160]  goes through the BLM, Bureau of Land Management for the U.S. Texas has its own.
[41:57.160 --> 42:02.760]  So it's more difficult through the BLM, but even if you did, it has consequences.
[42:02.760 --> 42:11.760]  Much more difficult than just suing them and say, okay, guys, you've been bad boys, but
[42:11.760 --> 42:14.240]  let's make a deal.
[42:14.240 --> 42:20.920]  You clear up all my bad taxes and I'll drop my suit against you.
[42:20.920 --> 42:22.120]  Otherwise you might lose it.
[42:22.120 --> 42:27.120]  Now you're going to have to go out and assess every single property in the county.
[42:27.120 --> 42:33.040]  It's your call, guys, but okay, but do your homework.
[42:33.040 --> 42:35.640]  Make sure you got all your ducks in a row.
[42:35.640 --> 42:42.480]  Read the code twice and read the whole thing because they had, they got hidden stuff in
[42:42.480 --> 42:49.000]  there and once you've read it, you know what's there, then they can't pull any fast ones
[42:49.000 --> 42:50.000]  on you.
[42:50.000 --> 42:51.000]  All right.
[42:51.000 --> 42:57.560]  Well, I appreciate your time and your information and have a great evening.
[42:57.560 --> 42:58.560]  Okay.
[42:58.560 --> 42:59.560]  Thank you, Gary.
[42:59.560 --> 43:00.560]  Okay.
[43:00.560 --> 43:01.960]  Now we're going to go to Joseph in New York.
[43:01.960 --> 43:02.960]  Hello, Joseph.
[43:02.960 --> 43:05.880]  I understand you also have a tax issue.
[43:05.880 --> 43:07.680]  Yes, I do.
[43:07.680 --> 43:15.440]  Wait, we got 50 seconds, so state it quickly and give me about 50 in front of outro.
[43:15.440 --> 43:16.440]  Okay.
[43:16.440 --> 43:30.080]  It has to do with a hearing that was held to, or supposedly held to transfer the...
[43:30.080 --> 43:31.080]  Wait a minute.
[43:31.080 --> 43:33.520]  This is not going to get done in 30 seconds.
[43:33.520 --> 43:34.520]  Hold on.
[43:34.520 --> 43:35.520]  Okay.
[43:35.520 --> 43:36.520]  We're about to go to break.
[43:36.520 --> 43:45.800]  This is Brad DeKelton, Ruebla Radio, and this is the last, this is the end of our fundraiser
[43:45.800 --> 43:50.880]  and we haven't collected near enough, so check out our sponsors.
[43:50.880 --> 43:53.720]  We'd appreciate any help we can get.
[43:53.720 --> 43:57.120]  If you patronize our sponsors, that'll help support this show.
[43:57.120 --> 43:58.120]  We'll be right back.
[43:58.120 --> 43:59.120]  Thank you.
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[44:26.600 --> 44:30.360]  lotion candles, olive oil, soaps, and colloidal silver and gold.
[44:30.360 --> 44:43.200]  Call 512-264-4043 or find us online at naturespureorganics.com, that's 512-264-4043, naturespureorganics.com.
[44:43.200 --> 45:01.320]  Don't forget to like us on Facebook for information on events and our products, naturespureorganics.com.
[45:01.320 --> 45:04.520]  Are you the plaintiff or defendant in a lawsuit?
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[45:59.960 --> 46:15.000]  Whoa, whoa, whoa, yeah.
[46:15.000 --> 46:30.560]  Always, I must be careful what I'm wishing for.
[46:30.560 --> 46:38.600]  When I'm hungry, I like to know just what I'm fishing for.
[46:38.600 --> 46:39.600]  I ain't asking for much.
[46:39.600 --> 46:43.280]  Okay, we are back, Randy Kelton, Rule of Law Radio, and we're talking to Joseph in New
[46:43.280 --> 46:44.280]  York.
[46:44.280 --> 46:45.280]  Where were we?
[46:45.280 --> 46:50.280]  Well, yeah, I wanted to bring up one thing before I got to my question.
[46:50.280 --> 47:02.200]  Back in the 1980s, a fellow acquired a royal title in my village to his house, and several
[47:02.200 --> 47:05.200]  years later, his house caught on fire.
[47:05.200 --> 47:09.920]  And the fire department did exactly as you said, they just got to make sure everybody
[47:09.920 --> 47:14.000]  was safe, allowed his house to burn down.
[47:14.000 --> 47:24.640]  He sued the village and won, you know, I'm not sure, you know, particulars of the cases.
[47:24.640 --> 47:27.920]  Even though he wasn't under contract with them.
[47:27.920 --> 47:28.920]  This is correct.
[47:28.920 --> 47:36.720]  Okay, I would have to see the suit, there's probably some statutory provision that made
[47:36.720 --> 47:45.480]  it the duty of the fire department to protect safety of all the citizens without regard.
[47:45.480 --> 47:51.960]  Yeah, I'm not sure how that works.
[47:51.960 --> 47:57.000]  What we suggest for people who do have a royal title is they go to the police department
[47:57.000 --> 48:02.840]  and the fire department and write their own contract with them.
[48:02.840 --> 48:03.840]  Yeah.
[48:03.840 --> 48:13.280]  But when you do that, there goes a lot of the advantage of the getting off the tax rolls.
[48:13.280 --> 48:14.280]  Yeah.
[48:14.280 --> 48:22.000]  Because you wind up having to pay anyway, so I don't know how much advantage it is.
[48:22.000 --> 48:28.640]  But that is an interesting story, it would be interesting to find out how he managed
[48:28.640 --> 48:39.120]  to win the suit, because it may be that the fire department doesn't have to be in contract
[48:39.120 --> 48:43.480]  with him for him to have a right to the protection.
[48:43.480 --> 48:52.000]  But I wouldn't think so because originally we didn't have fire departments, we had volunteers.
[48:52.000 --> 49:00.240]  So who pays the fire department, if you're in a municipality, the municipality pays the
[49:00.240 --> 49:01.240]  fire department.
[49:01.240 --> 49:09.600]  So the fire department is, they are a part of this municipal corporation.
[49:09.600 --> 49:12.240]  Correct, yes.
[49:12.240 --> 49:23.440]  If you have a royal title, then you will be presumed not to be in contract with the city
[49:23.440 --> 49:30.440]  unless you did something else to bring you in contract with the city.
[49:30.440 --> 49:41.800]  So if he's contracting for city services, water, if the city supplies electricity, then
[49:41.800 --> 49:53.360]  electricity, garbage pickup, I would think that if he is in the municipality and he uses
[49:53.360 --> 50:02.320]  the public thoroughfares, then he's likely to have a legal obligation to pay for that
[50:02.320 --> 50:05.520]  usage.
[50:05.520 --> 50:15.520]  And even if he doesn't, by the usage of it, he would gain a benefit and thereby be in
[50:15.520 --> 50:18.120]  an adhesion contract with the city.
[50:18.120 --> 50:20.320]  Correct, yes, yes.
[50:20.320 --> 50:28.400]  I'm not sure how that would work, and in saying that, then we go back to the right to travel.
[50:28.400 --> 50:35.440]  The public thoroughfares are public thoroughfares and not just thoroughfares usable by those
[50:35.440 --> 50:38.440]  who are in contract.
[50:38.440 --> 50:46.080]  So technically, he should be able to use all the thoroughfares anyway, especially if they
[50:46.080 --> 50:51.280]  use any federal funds because an loyal title doesn't get him around federal taxes, so
[50:51.280 --> 50:59.720]  he would be presumed to be in some kind of contract with the feds, and that would give
[50:59.720 --> 51:03.440]  him access to all the thoroughfares.
[51:03.440 --> 51:07.800]  I'm just kind of bouncing through all the things I can think of that would likely influence
[51:07.800 --> 51:15.560]  this, but I don't understand how they can hold the fire department responsible unless
[51:15.560 --> 51:21.040]  there's a specific statute that orders them to put out a fire no matter what.
[51:21.040 --> 51:24.560]  Well, I remember it created an awful ruckus.
[51:24.560 --> 51:33.360]  I mean, there was a lot of articles in the various newspapers about it because the fire
[51:33.360 --> 51:40.600]  department, you know, the public officials were up in arms, you know.
[51:40.600 --> 51:42.600]  I understand it.
[51:42.600 --> 51:43.600]  It's reasonable.
[51:43.600 --> 51:48.920]  You don't want to pay the taxes, but you want to hold us responsible for providing
[51:48.920 --> 51:50.920]  your services anyway.
[51:50.920 --> 51:51.920]  Yes.
[51:51.920 --> 52:00.320]  So if I'm the guy next door, you know, I'm not going to be happy about that.
[52:00.320 --> 52:01.320]  Right.
[52:01.320 --> 52:04.840]  So that is an interesting issue.
[52:04.840 --> 52:05.840]  Okay.
[52:05.840 --> 52:08.840]  Let's go to your issue.
[52:08.840 --> 52:10.600]  I'm thinking to look that up.
[52:10.600 --> 52:11.600]  Oh, okay.
[52:11.600 --> 52:16.360]  My issue is I decided to pick a fight with the tax department.
[52:16.360 --> 52:20.680]  Oh, a guy after my own heart.
[52:20.680 --> 52:24.240]  Well, that's the kind of fight to have.
[52:24.240 --> 52:31.280]  Well, you know, sometimes I'm a little braver than I am smart, but you know, I got involved
[52:31.280 --> 52:36.800]  in, you know, taking on the tax department and, you know, then some other things came
[52:36.800 --> 52:44.080]  up and it, you know, it got in the way of me pursuing it in a timely fashion.
[52:44.080 --> 52:50.480]  So fortunately, when they seized my property, a friend of mine bought it for me.
[52:50.480 --> 52:58.480]  So now he holds title to my, not title, he has, you know, let's see.
[52:58.480 --> 52:59.480]  Tax leaning.
[52:59.480 --> 53:00.480]  Tax leaning, yes.
[53:00.480 --> 53:01.480]  Yes.
[53:01.480 --> 53:02.480]  Yes.
[53:02.480 --> 53:12.080]  So he, you know, presently, you know, he has, you know, possession of my home, even though
[53:12.080 --> 53:16.520]  I still live here.
[53:16.520 --> 53:29.640]  My initial attack was going to be, you know, I wanted to see the transfer document.
[53:29.640 --> 53:34.360]  And you know, so I went to the, I went to the court and I asked them, you know, I want
[53:34.360 --> 53:40.560]  to see, I want copies of, you know, the hearing.
[53:40.560 --> 53:44.600]  Well, they didn't, they couldn't find any hearing.
[53:44.600 --> 53:47.840]  They told me to go to the county records.
[53:47.840 --> 53:48.840]  So I went there.
[53:48.840 --> 53:49.840]  They didn't have any copy of the hearing.
[53:49.840 --> 53:55.240]  They told me, well, the Treasury Department would initially acquire that, they probably
[53:55.240 --> 53:56.240]  still got it.
[53:56.240 --> 53:58.160]  So I went there and they didn't have it.
[53:58.160 --> 54:00.520]  All they had was a threat that they were going to do it.
[54:00.520 --> 54:08.400]  So now I said, well, did you give them a, did you give them a written request?
[54:08.400 --> 54:12.560]  Not yet, because, you know, that's just what I'm about to do.
[54:12.560 --> 54:13.560]  Okay.
[54:13.560 --> 54:20.520]  You know, I went to my files and, you know, they pulled my files in both the records department
[54:20.520 --> 54:27.120]  and in the Treasury Department and, you know, there's just nothing in them.
[54:27.120 --> 54:31.920]  And I was like, well, how the heck did you guys get the authority to sell my property
[54:31.920 --> 54:35.480]  if, you know, this didn't get transferred?
[54:35.480 --> 54:41.800]  So now my question to you is, you know, I'm very simple for you, is what's my best next
[54:41.800 --> 54:42.800]  move?
[54:42.800 --> 54:43.800]  Okay.
[54:43.800 --> 54:50.040]  For in the future, I want to back you up a little bit.
[54:50.040 --> 54:57.800]  The first time you ask someone for documents and they say they don't have them, you take
[54:57.800 --> 55:02.760]  out a piece of paper and give them a written request.
[55:02.760 --> 55:10.760]  I did this in recently in Hayes County and the clerk got my written request and said,
[55:10.760 --> 55:12.880]  well, Mr. Calvin, I just told you we don't have that.
[55:12.880 --> 55:14.640]  I said, I know that.
[55:14.640 --> 55:19.320]  But now I have requested the records in writing and under the Open Records Act, I have a right
[55:19.320 --> 55:21.520]  to response in writing.
[55:21.520 --> 55:25.400]  So I just need you to write me a response that says we have no records responsive to
[55:25.400 --> 55:27.360]  your request.
[55:27.360 --> 55:28.360]  And she did.
[55:28.360 --> 55:34.440]  Now I can document on this day, at this time, they didn't have them.
[55:34.440 --> 55:38.000]  Tell me you recorded these guys when you talked to them.
[55:38.000 --> 55:44.840]  No, it was initially I was just, you know, running around doing it.
[55:44.840 --> 55:45.840]  Okay.
[55:45.840 --> 55:46.840]  Okay.
[55:46.840 --> 55:48.400]  This is what I would like you to do.
[55:48.400 --> 55:54.200]  Take the phone and beat yourself around the eyes and the ears.
[55:54.200 --> 55:56.240]  Okay.
[55:56.240 --> 56:02.680]  Now go back to each department and, oh, wait a minute, hold on.
[56:02.680 --> 56:08.600]  Do you know which department should have the records?
[56:08.600 --> 56:12.400]  Yeah, the records department should have the records.
[56:12.400 --> 56:19.080]  And give the records department a request, and that's good because for the most part,
[56:19.080 --> 56:21.080]  they just keep the records.
[56:21.080 --> 56:24.040]  People send them the records, they store the records.
[56:24.040 --> 56:25.440]  They don't have to go out and get the records.
[56:25.440 --> 56:28.520]  If you don't send me the records, I don't care.
[56:28.520 --> 56:31.040]  I don't keep what I don't get.
[56:31.040 --> 56:34.400]  So they'll just go in there and look and say, oh, well, it's not here.
[56:34.400 --> 56:35.400]  Nobody sent it to us.
[56:35.400 --> 56:37.480]  And they're finished.
[56:37.480 --> 56:41.400]  So they won't go scour the county looking for them.
[56:41.400 --> 56:48.200]  So if I request them, and if they say they don't have them, ask them to do that in writing.
[56:48.200 --> 56:53.920]  And you can tell them it's okay to do emails because emails are something that you can
[56:53.920 --> 56:56.960]  track and it's nice and quick.
[56:56.960 --> 57:04.080]  So give them a request for these documents and notify them they can respond in writing
[57:04.080 --> 57:06.600]  or by email.
[57:06.600 --> 57:15.080]  Once you get a confirmation that they don't have it, now you can go after the tax sale.
[57:15.080 --> 57:22.840]  Is there a deed filed in the record, a tax lien filed in the record?
[57:22.840 --> 57:23.840]  Yes.
[57:23.840 --> 57:24.840]  Okay.
[57:24.840 --> 57:28.960]  Does the lien have your friend's name on it?
[57:28.960 --> 57:29.960]  Yes.
[57:29.960 --> 57:30.960]  Okay.
[57:30.960 --> 57:38.560]  And then you go in and file against that lien and sue your friend.
[57:38.560 --> 57:52.200]  And then have your friend sue the county for doing a bogus sale to him.
[57:52.200 --> 57:58.160]  And if they have to undo the sale, now your friend loses the benefit of the bar.
[57:58.160 --> 58:06.480]  Okay, and he gets to sue them based on his loss of the benefit of the bargain.
[58:06.480 --> 58:08.560]  We'll talk a little bit more about that on the other side.
[58:08.560 --> 58:10.040]  That should be a lot of fun.
[58:10.040 --> 58:11.040]  Okay.
[58:11.040 --> 58:12.040]  And one thing, I've got about 40 seconds.
[58:12.040 --> 58:16.920]  I want to mention one of our producers suggested that we should make up some bumper stickers.
[58:16.920 --> 58:20.080]  So I'm going to make up a bunch of bumper stickers.
[58:20.080 --> 58:27.040]  And Rue La Radio, I listen to Rue La Radio and we're going to make those, we're going
[58:27.040 --> 58:31.840]  to put them up for sale for like five or 10 bucks, maybe we'll produce a little income
[58:31.840 --> 58:34.320]  for this, for the station.
[58:34.320 --> 58:39.380]  And Rue La Radio is getting kind of known, especially around Texas.
[58:39.380 --> 58:42.680]  So it might actually get you out of a ticket.
[58:42.680 --> 58:50.400]  Okay, about to go to break, call in number 512-646-1984, we'll be right back.
[58:50.400 --> 58:54.200]  Would you like to make more definite progress in your walk with God?
[58:54.200 --> 58:59.720]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.720 --> 59:01.080]  can really help.
[59:01.080 --> 59:05.520]  The New Testament Recovery Version is one of the most comprehensive study Bibles available
[59:05.520 --> 59:06.520]  today.
[59:06.520 --> 59:10.440]  It's an accurate translation and it contains thousands of footnotes that will help you
[59:10.440 --> 59:13.520]  to know God and to know the meaning of life.
[59:13.520 --> 59:18.800]  The free books are a three volume set called Basic Elements of the Christian Life.
[59:18.800 --> 59:23.060]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan
[59:23.060 --> 59:27.980]  of salvation, growing in Christ and how to build up the church.
[59:27.980 --> 59:33.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian
[59:33.000 --> 59:45.760]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102 or visit
[59:45.760 --> 59:48.440]  us online at bfa.org.
[59:48.440 --> 01:00:00.720]  Live, free speech radio, logosradionetwork.com.
[01:00:00.720 --> 01:00:05.880]  The following use flash is brought to you by the Lone Star Lowdown, providing your daily
[01:00:05.880 --> 01:00:08.120]  bulletins for the commodity market.
[01:00:08.120 --> 01:00:21.320]  Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:21.320 --> 01:00:26.360]  Markets for Wednesday, March 30th, 2016 are currently treading with gold at $1,227.66
[01:00:26.360 --> 01:00:34.320]  an ounce, silver $15.20 an ounce, Texas crude $38.28 a barrel and Bitcoin is currently sitting
[01:00:34.320 --> 01:00:43.200]  at about $412 U.S. currency.
[01:00:43.200 --> 01:00:49.320]  Today in history, the year 1870, Texas becomes the last Confederate state remitted to the
[01:00:49.320 --> 01:00:50.320]  Union.
[01:00:50.320 --> 01:00:55.440]  Though the new state constitution wasn't approved until 1876, Texas formerly part of the Confederacy
[01:00:55.440 --> 01:01:02.120]  was admitted into the Union today in history.
[01:01:02.120 --> 01:01:05.360]  In recent news, the Federal Trade Commission announced today its efforts to crack down
[01:01:05.360 --> 01:01:06.860]  on fake cancer charities.
[01:01:06.860 --> 01:01:11.240]  The Cancer Fund of America, Cancer Support Services and their leader, James Reynolds,
[01:01:11.240 --> 01:01:15.840]  including Reynolds Sr., will have to surrender an undisclosed amount of their personal assets
[01:01:15.840 --> 01:01:18.560]  as part of a settlement with the FTC and states.
[01:01:18.560 --> 01:01:23.000]  These purported nonprofits agreed to be permanently dissolved and their assets liquidated.
[01:01:23.000 --> 01:01:27.120]  Reynolds is also prohibited for life from managing charitable assets or being part of
[01:01:27.120 --> 01:01:30.120]  a charity's board or a trustee.
[01:01:30.120 --> 01:01:35.760]  According to the FTC, of more than the $75 million the charities raised, a vast majority
[01:01:35.760 --> 01:01:39.760]  of these funds were going to the charity's organizers and their friends with a measly
[01:01:39.760 --> 01:01:44.060]  percentage less than five going to actual patients and research.
[01:01:44.060 --> 01:01:48.960]  To make matters worse, an estimated 85% of the millions were spent on fundraising for
[01:01:48.960 --> 01:01:50.360]  the scheme itself.
[01:01:50.360 --> 01:01:54.680]  The charity's remaining assets will first go to pay the state's litigation fees afterward
[01:01:54.680 --> 01:01:59.180]  to actual legitimate charities the states elect, though an FTC spokesman did state
[01:01:59.180 --> 01:02:08.520]  in an email that if there's any money left, it would probably be a very small amount.
[01:02:08.520 --> 01:02:12.640]  After more than six years in development, IBM's TrueNorth brain-inspired processor
[01:02:12.640 --> 01:02:16.480]  will be put to the test at the Lawrence Livermore National Lab.
[01:02:16.480 --> 01:02:21.440]  They purchased IBM's Neuromorphic System, a brain-inspired program based on the TrueNorth
[01:02:21.440 --> 01:02:22.440]  chip.
[01:02:22.440 --> 01:02:25.680]  The California Research Lab is set to use it to help the National Nuclear Security
[01:02:25.680 --> 01:02:29.160]  Administration battle cybersecurity issues.
[01:02:29.160 --> 01:02:34.400]  Consuming just 2.5 watts of power, the same as a tablet computer, the Neuromorphic System
[01:02:34.400 --> 01:02:40.360]  can process the equivalent of 16 million neurons and 4 billion synapses, containing only 16
[01:02:40.360 --> 01:02:42.000]  of these TrueNorth chips.
[01:02:42.000 --> 01:02:47.240]  IBM chief scientist Dharmendra Modha stated that the delivery of this advanced computing
[01:02:47.240 --> 01:02:53.080]  platform represents a major milestone as we enter the next era of cognitive computing.
[01:02:53.080 --> 01:03:00.080]  This is Rick Rode with your Lowdown for March 30, 2016.
[01:03:23.080 --> 01:03:30.640]  Okay, we are back, Randy Kelton, Room of La Radio, and we're talking to Joseph in New
[01:03:30.640 --> 01:03:31.640]  York.
[01:03:31.640 --> 01:03:32.640]  Okay, Joe.
[01:03:32.640 --> 01:03:49.680]  I guess the one thing I would ask is would there be a way I could proceed that would
[01:03:49.680 --> 01:03:54.480]  be just as effective, that wouldn't involve me suing my friend?
[01:03:54.480 --> 01:03:55.960]  I'd hate to have, you know...
[01:03:55.960 --> 01:03:56.960]  No, no, no.
[01:03:56.960 --> 01:03:57.960]  That's not it.
[01:03:57.960 --> 01:03:58.960] ...not be my friend anymore.
[01:03:58.960 --> 01:03:59.960]  You see...
[01:03:59.960 --> 01:04:00.960]  What?
[01:04:00.960 --> 01:04:01.960]  No, no, no.
[01:04:01.960 --> 01:04:05.360]  It's kind of a friendly suit.
[01:04:05.360 --> 01:04:12.840]  Your friend is not at fault at all, but you don't sue him for damages.
[01:04:12.840 --> 01:04:16.320]  You sue him for declaratory judgment.
[01:04:16.320 --> 01:04:22.080]  So in suing him, you give him a claim against the city.
[01:04:22.080 --> 01:04:23.080]  So...
[01:04:23.080 --> 01:04:25.080]  All right, but I don't harm him.
[01:04:25.080 --> 01:04:26.080]  No, no.
[01:04:26.080 --> 01:04:27.080]  This is a friendly suit.
[01:04:27.080 --> 01:04:28.080]  Oh, okay.
[01:04:28.080 --> 01:04:29.080]  Yeah.
[01:04:29.080 --> 01:04:34.200]  He don't have a claim unless he's been harmed.
[01:04:34.200 --> 01:04:37.360]  Once you sue him, now he's been harmed.
[01:04:37.360 --> 01:04:45.640]  And if you first do your homework or can make sure of what they're supposed to have, make
[01:04:45.640 --> 01:04:52.720]  sure exactly what the steps are supposed to be, then you go in and sharp shoot them with
[01:04:52.720 --> 01:05:02.480]  requests for documentation that should occur in the process of doing these steps.
[01:05:02.480 --> 01:05:09.360]  It's better if you can do this in a way that doesn't send up a red flag.
[01:05:09.360 --> 01:05:19.120]  I went in to Weatherford, Texas the other day and I asked to see a list of all the attorneys
[01:05:19.120 --> 01:05:28.120]  on the attorney wheel, a list of all vouchers for payment to attorneys on the attorney wheel,
[01:05:28.120 --> 01:05:31.240]  and something else.
[01:05:31.240 --> 01:05:34.960]  And I really didn't care about that.
[01:05:34.960 --> 01:05:41.720]  And then I went in and requested a bunch of documents, a bunch of different cases.
[01:05:41.720 --> 01:05:46.440]  So they don't know what I'm looking for, what I'm looking for.
[01:05:46.440 --> 01:05:52.120]  Oh, and one other request I put in was all documents collected, symbol maintained by
[01:05:52.120 --> 01:05:56.400]  the department that are referenced by Article 17.3-0, Texas Code of Criminal Procedure.
[01:05:56.400 --> 01:05:59.000]  And they're not even going to know what that is.
[01:05:59.000 --> 01:06:03.920]  After an examining trial, the magistrate is supposed to seal all the documents, head in
[01:06:03.920 --> 01:06:07.120]  the hearing, cause his name to be written across the seal of the envelope for it at
[01:06:07.120 --> 01:06:08.680]  the clerk's court of jurisdiction.
[01:06:08.680 --> 01:06:12.080]  They never, ever do that.
[01:06:12.080 --> 01:06:17.080]  So I asked for all this other stuff and just stick that one in there.
[01:06:17.080 --> 01:06:23.800]  There has to be an order under 16.17 in the court record and there's not one there.
[01:06:23.800 --> 01:06:27.480]  I don't want them to figure that out.
[01:06:27.480 --> 01:06:32.440]  When I asked for those records, that's one of the ones I'm looking for, but I don't
[01:06:32.440 --> 01:06:35.520]  want them to know what I'm looking for.
[01:06:35.520 --> 01:06:39.800]  So I asked for things in a way that it's not clear what I'm looking for so they don't
[01:06:39.800 --> 01:06:42.280]  know how to fix it.
[01:06:42.280 --> 01:06:48.080]  So when you go in and ask for records, don't just ask for what you want.
[01:06:48.080 --> 01:06:54.760]  Ask for some other stuff around it so it's not clear where you're headed.
[01:06:54.760 --> 01:06:58.640]  That way they don't get fair warning.
[01:06:58.640 --> 01:07:08.320]  This is not ordinary civil behavior, this is legal civil behavior and in legal civil
[01:07:08.320 --> 01:07:14.240]  behavior Bushwhack is perfectly acceptable.
[01:07:14.240 --> 01:07:16.760]  No fair warnings.
[01:07:16.760 --> 01:07:22.940]  So go in and ask them for a bunch of junk and you may actually get them to screw up
[01:07:22.940 --> 01:07:26.960]  on giving you all the junk because then you get a claim against them.
[01:07:26.960 --> 01:07:33.080]  But the main one is, you know, all the steps in the procedure, look for the documents they
[01:07:33.080 --> 01:07:42.000]  have to file, the notices they have to give and any document that's missing in the process
[01:07:42.000 --> 01:07:53.360]  that would make the sale technically improper so that they have to go back and redo the
[01:07:53.360 --> 01:07:54.360]  sale.
[01:07:54.360 --> 01:08:03.520]  Well, they can't just undo the sale and then sell it back to your friend.
[01:08:03.520 --> 01:08:08.920]  If they undo the sale, they have to hold another auction.
[01:08:08.920 --> 01:08:13.500]  Even if your friend buys it back, he had a right to that purchase.
[01:08:13.500 --> 01:08:19.520]  He purchased the property and he had a right to the benefit of that bargain and when they
[01:08:19.520 --> 01:08:23.720]  undo the sale, he's lost the benefit of that bargain.
[01:08:23.720 --> 01:08:28.000]  Now he has to come back and make the bargain again.
[01:08:28.000 --> 01:08:33.680]  So now he gets to sue for what he would have made on the deal that the city screwed up
[01:08:33.680 --> 01:08:34.680]  for him.
[01:08:34.680 --> 01:08:36.680]  Does that make sense?
[01:08:36.680 --> 01:08:38.080]  Yes.
[01:08:38.080 --> 01:08:46.360]  So you sue, once you get all your ducks in a row, you sue the county and you sue your
[01:08:46.360 --> 01:08:51.920]  friend and your friend jumps up and down rails and righteous indignation and he sues the
[01:08:51.920 --> 01:08:55.160]  county himself.
[01:08:55.160 --> 01:08:57.640]  Now they got two guys coming at him.
[01:08:57.640 --> 01:09:04.760]  Well, yeah, he was trying to open that we could sue them together because I was talking
[01:09:04.760 --> 01:09:13.960]  about filing a suit in the sunset because I'm really not all that attached to the house.
[01:09:13.960 --> 01:09:16.720]  There's just things that we were kicking around.
[01:09:16.720 --> 01:09:25.080]  That would be great fun because he has a good quality claim.
[01:09:25.080 --> 01:09:32.840]  This sets them up so he gets a claim all on his own.
[01:09:32.840 --> 01:09:35.200]  Then they're still dealing with the property.
[01:09:35.200 --> 01:09:45.080]  So you both of you sue, you sue him, he sues them, they get you to drop your suit against
[01:09:45.080 --> 01:09:51.360]  him, so he'll drop his suit against them and you get them to drop all their taxes against
[01:09:51.360 --> 01:09:52.360]  you.
[01:09:52.360 --> 01:09:53.360]  Really?
[01:09:53.360 --> 01:09:54.360]  Yeah.
[01:09:54.360 --> 01:09:55.360]  Yeah.
[01:09:55.360 --> 01:10:02.560]  It's going to cost them more to fight you, even if they win in the end.
[01:10:02.560 --> 01:10:08.160]  The problem they have is with your friend.
[01:10:08.160 --> 01:10:12.880]  You have sued him because of the improprieties of the county.
[01:10:12.880 --> 01:10:16.840]  Doesn't matter if the county can make what they did right.
[01:10:16.840 --> 01:10:28.000]  He got sued and he had to answer the suit and his lawyer was really, really expensive.
[01:10:28.000 --> 01:10:41.000]  He had to go to counseling because now he has post-mortem depression, I don't know.
[01:10:41.000 --> 01:10:44.000]  Our guys just made him a wreck.
[01:10:44.000 --> 01:10:45.000]  Yeah.
[01:10:45.000 --> 01:10:50.920]  Again, his wife won't talk to him and...
[01:10:50.920 --> 01:10:51.920]  She's going to divorce him.
[01:10:51.920 --> 01:10:52.920]  Oh, this is awful.
[01:10:52.920 --> 01:10:57.400]  He's got to do his own cooking now.
[01:10:57.400 --> 01:11:06.520]  Guys, now his life's in jeopardy.
[01:11:06.520 --> 01:11:13.120]  We need... This sounds like it's funny and stuff, but it's not.
[01:11:13.120 --> 01:11:15.240]  There's business.
[01:11:15.240 --> 01:11:17.760]  They are public servants.
[01:11:17.760 --> 01:11:26.560]  You are the master of those servants, and it is your duty to police your public servants.
[01:11:26.560 --> 01:11:33.040]  This is not just for fun or money.
[01:11:33.040 --> 01:11:45.160]  I got into this because of all of the crazy laws, I want to call them laws, that have
[01:11:45.160 --> 01:11:48.400]  been getting passed in the last decade.
[01:11:48.400 --> 01:11:55.560]  They really just stripped us of so many rights and I was just getting more and more angry
[01:11:55.560 --> 01:11:56.560]  about it.
[01:11:56.560 --> 01:12:02.320]  I wanted to find a positive way to fight back.
[01:12:02.320 --> 01:12:08.560]  I didn't really want to get involved in this, so disobedient, so I don't want to...
[01:12:08.560 --> 01:12:17.800]  One of the things that is absolutely consistent with public officials, they just cannot bring
[01:12:17.800 --> 01:12:20.800]  themselves to do it right.
[01:12:20.800 --> 01:12:21.800]  Yes.
[01:12:21.800 --> 01:12:25.720]  They just can't.
[01:12:25.720 --> 01:12:31.840]  The more you sting them, it seems the dumber they get.
[01:12:31.840 --> 01:12:36.080]  The one thing they hate... Texas, they hate to see me coming.
[01:12:36.080 --> 01:12:41.360]  My district attorney in the county I live in hates me.
[01:12:41.360 --> 01:12:46.600]  My daughter, she married a relatively prominent family in the county, and they're politically
[01:12:46.600 --> 01:12:47.600]  well-connected.
[01:12:47.600 --> 01:12:57.200]  It just infuriates my daughter that the district judge absolutely hates me.
[01:12:57.200 --> 01:13:06.360]  The reason he hates me is I've taken his own code and crammed it right down his throat.
[01:13:06.360 --> 01:13:13.640]  The 21st of this month I will file first degree felony aggravated assault charges against
[01:13:13.640 --> 01:13:16.200]  him directly with the grand jury.
[01:13:16.200 --> 01:13:21.800]  The prosecuting attorney has already said he will stand aside.
[01:13:21.800 --> 01:13:24.680]  You want to play hardball with me, Bubba?
[01:13:24.680 --> 01:13:28.080]  I will introduce you to the deep end of the pool.
[01:13:28.080 --> 01:13:35.480]  I'm taking him in the Texas range of both, but I'm dead point on law.
[01:13:35.480 --> 01:13:36.960]  Okay.
[01:13:36.960 --> 01:13:38.520]  It's really nitpicking.
[01:13:38.520 --> 01:13:41.960]  Okay, I got that part.
[01:13:41.960 --> 01:13:46.360]  I cut this really fine legal hair, but I cut it.
[01:13:46.360 --> 01:13:50.720]  He's going to have to stand and answer.
[01:13:50.720 --> 01:13:56.760]  Next time I go to him for the purpose of asserting a right, he's not going to threaten to have
[01:13:56.760 --> 01:14:01.160]  me arrested and have an armed debate, he's put his hand on my arm.
[01:14:01.160 --> 01:14:03.840]  We'll see how that works out for you.
[01:14:03.840 --> 01:14:05.600]  This is our job.
[01:14:05.600 --> 01:14:06.600]  Right.
[01:14:06.600 --> 01:14:10.600]  They're the servants, we're the masters.
[01:14:10.600 --> 01:14:16.360]  Better to hold them to the fine letter of a tiny little law than let them get out of
[01:14:16.360 --> 01:14:20.960]  my hand until they do something really outrageous that can cost them their career.
[01:14:20.960 --> 01:14:25.240]  Sting them over something minor.
[01:14:25.240 --> 01:14:27.120]  It's more powerful when you sting.
[01:14:27.120 --> 01:14:31.760]  You sting these guys this way and they realize you set them up.
[01:14:31.760 --> 01:14:36.280]  That makes it 10 times better.
[01:14:36.280 --> 01:14:43.840]  When I pulled that hearing aid gambit on a justice of the peace in Tarrant County, that
[01:14:43.840 --> 01:14:44.840]  was most...
[01:14:44.840 --> 01:14:50.200]  I was just screwing around and it turned out to be one of the most powerful things I did
[01:14:50.200 --> 01:14:55.920]  because I set the judge up, told him I didn't have a hearing aid and I lied to him.
[01:14:55.920 --> 01:15:01.720]  I had it in my pocket and he wouldn't turn the sound up in the courtroom.
[01:15:01.720 --> 01:15:07.600]  When I was done, I asked the bailiff to arrest him for not providing me accommodation under
[01:15:07.600 --> 01:15:09.720]  the Americans with Disabilities Act.
[01:15:09.720 --> 01:15:14.480]  The bailiff said, well, Mr. Kelton, why didn't you tell the judge about the Americans with
[01:15:14.480 --> 01:15:15.480]  Disabilities Act?
[01:15:15.480 --> 01:15:22.480]  Heck, if I'd have done that, he might have turned the sound up.
[01:15:22.480 --> 01:15:28.000]  The bailiff stood there a minute like it took a while to process what I just told him and
[01:15:28.000 --> 01:15:34.120]  his big grin started across his face and he said, well, you set him up.
[01:15:34.120 --> 01:15:35.120]  I said, yeah, I did.
[01:15:35.120 --> 01:15:38.480]  He was a sucker for that one, wasn't he?
[01:15:38.480 --> 01:15:43.400]  That got around the county in a heartbeat.
[01:15:43.400 --> 01:15:48.760]  Now when I walk in, the word is that dirty rotten scoundrel, he's trying to get you to
[01:15:48.760 --> 01:15:53.520]  do something so he can try to get you arrested or take you to the grand sheriff.
[01:15:53.520 --> 01:15:56.520]  That's right, I am.
[01:15:56.520 --> 01:15:58.520]  Don't screw with me.
[01:15:58.520 --> 01:15:59.920]  Just follow the rules.
[01:15:59.920 --> 01:16:01.720]  You don't have a problem with me.
[01:16:01.720 --> 01:16:08.480]  I just had a sheriff's deputy tell me that I couldn't see a criminal record unless it
[01:16:08.480 --> 01:16:09.480]  was my case.
[01:16:09.480 --> 01:16:11.480]  I said, is that right?
[01:16:11.480 --> 01:16:15.880]  Oh, yeah, you have to either be a lawyer or you have to be the accused.
[01:16:15.880 --> 01:16:17.440]  You can't see those records.
[01:16:17.440 --> 01:16:20.200]  Oh, do you have a supervisor?
[01:16:20.200 --> 01:16:22.200]  Yes, I do.
[01:16:22.200 --> 01:16:23.200]  Get him.
[01:16:23.200 --> 01:16:24.200]  Supervisor comes out.
[01:16:24.200 --> 01:16:25.200]  What can I do for you?
[01:16:25.200 --> 01:16:26.200]  I need you to arrest him.
[01:16:26.200 --> 01:16:27.200]  He stood there and looked at me, what?
[01:16:27.200 --> 01:16:28.200]  He said, why?
[01:16:28.200 --> 01:16:37.200]  Well, he told me I couldn't see a criminal record unless I was the accused.
[01:16:37.200 --> 01:16:40.800]  He said, what's wrong with that?
[01:16:40.800 --> 01:16:41.800]  It's a lie.
[01:16:41.800 --> 01:16:42.800]  That's what's wrong with it.
[01:16:42.800 --> 01:16:49.480]  He denied me the full free access to enjoyment right under 39.03 Beatlecodes Class A misdemeanor.
[01:16:49.480 --> 01:16:51.640]  I want you to arrest him.
[01:16:51.640 --> 01:16:54.520]  Oh, that was so much fun.
[01:16:54.520 --> 01:17:01.720]  Hang on, Randy Kelton, We'll Be Right Back.
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[01:18:00.440 --> 01:18:05.120]  Are you being harassed by debt collectors with phone calls, letters or even lawsuits?
[01:18:05.120 --> 01:18:09.280]  Stop debt collectors now with the Michael Mears Proven Method.
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[01:18:19.440 --> 01:18:25.200]  civil rights statutes, what to do when contacted by phone, mail or court summons, how to answer
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[01:18:49.800 --> 01:18:58.800]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt
[01:18:58.800 --> 01:18:59.800]  collectors now.
[01:18:59.800 --> 01:19:09.200]  This is the Logos, the Logos Radio Network.
[01:19:09.200 --> 01:19:23.600]  Okay, we are back.
[01:19:23.600 --> 01:19:28.880]  We're in the county rule of law radio and we're talking to Joe in New York and it's
[01:19:28.880 --> 01:19:36.280]  perfectly all right to have fun at this, but it is really serious.
[01:19:36.280 --> 01:19:43.320]  We are the masters, they are the servants and we ask the police to police us and we
[01:19:43.320 --> 01:19:47.800]  owe it to the police to police them.
[01:19:47.800 --> 01:19:52.920]  And that's why you said you picked this fight, I said you're a man after my own heart because
[01:19:52.920 --> 01:19:57.360]  those are the best fights to have is the ones you picked.
[01:19:57.360 --> 01:20:04.880]  And you're the most effective when you pick the fight, but pick them carefully and make
[01:20:04.880 --> 01:20:07.280]  sure you do your homework first.
[01:20:07.280 --> 01:20:13.240]  And that's part of our job on this show to try to give people an idea of what they need
[01:20:13.240 --> 01:20:20.200]  to look for and what the shenanigans these shysters are going to pull will be.
[01:20:20.200 --> 01:20:29.640]  And like we were talking about earlier, when you sue the tax assessor collector, the county
[01:20:29.640 --> 01:20:34.280]  attorney is going to represent him.
[01:20:34.280 --> 01:20:36.320]  That's when it really gets fun.
[01:20:36.320 --> 01:20:47.200]  When you start bar grieving the tax assessor, you know, the expectation is when you go in
[01:20:47.200 --> 01:20:51.920]  the door that the judge is going to really get you out of hand at every turn.
[01:20:51.920 --> 01:20:57.200]  So you start bargaining, you start filing judicial conduct complaints against him.
[01:20:57.200 --> 01:21:04.240]  You're in New York and as far as I can tell, New York may be the only state that actually
[01:21:04.240 --> 01:21:08.160]  has a functional judicial conduct commission.
[01:21:08.160 --> 01:21:12.840]  Yeah, it works real well, I've used it.
[01:21:12.840 --> 01:21:25.920]  I heard of a case, I had a friend of mine, actually he used to co-host a show with me,
[01:21:25.920 --> 01:21:34.240]  Chris Cappanella, he filed criminal complaints against the mayor and a sheriff with a magistrate
[01:21:34.240 --> 01:21:39.080]  and they went in and arrested him.
[01:21:39.080 --> 01:21:47.640]  The mayor and the sheriff both got a case law about a judge who didn't get a, someone
[01:21:47.640 --> 01:21:52.920]  who was fighting a case and the judge wouldn't put it on for trial.
[01:21:52.920 --> 01:21:56.960]  And after a year, the guy filed a judicial conduct complaint and they came in and sanctioned
[01:21:56.960 --> 01:22:00.040]  the judge for not maintaining his calendar.
[01:22:00.040 --> 01:22:06.800]  And that was astounding because normally, you know, in Texas you can't get a judge sanctioned
[01:22:06.800 --> 01:22:12.960]  unless he shoots half a dozen people and then the result will be locked up.
[01:22:12.960 --> 01:22:17.160]  And here, just for not maintaining his calendar in New York, they sanctioned the judge.
[01:22:17.160 --> 01:22:25.720]  So your judge is going to be afraid of your judicial conduct commission.
[01:22:25.720 --> 01:22:34.240]  So great opportunity, you'll also make it so that you won't get any tickets.
[01:22:34.240 --> 01:22:39.080]  A sheriff's deputy came to me a while back and said, what did you do to the sheriff?
[01:22:39.080 --> 01:22:40.640]  I said, I hadn't done anything to him lately.
[01:22:40.640 --> 01:22:41.640]  Why?
[01:22:41.640 --> 01:22:45.800]  He said, well, we had roll call this morning and he asked who here knew Randy Kelton, about
[01:22:45.800 --> 01:22:51.760]  half of us raised our hand and he said, look, you are not to stop him.
[01:22:51.760 --> 01:22:57.920]  You are not to cite him and whatever you do, don't put that SOB in my jail.
[01:22:57.920 --> 01:22:58.920]  What?
[01:22:58.920 --> 01:22:59.920]  What?
[01:22:59.920 --> 01:23:07.160]  They don't send me a Christmas card or anything, but that's what happens.
[01:23:07.160 --> 01:23:14.440]  They don't want anything to do with you and that they need at least one citizen, preferably
[01:23:14.440 --> 01:23:22.600]  half a dozen citizens, that they don't want to touch with a 10 foot pole so that the judge
[01:23:22.600 --> 01:23:30.260]  understands and this is my stated intent for this show.
[01:23:30.260 --> 01:23:34.760]  If you don't know where you're going, good chance you're going to wind up somewhere else.
[01:23:34.760 --> 01:23:38.800]  When you go after these guys, you need to sit down and decide for yourself at the end
[01:23:38.800 --> 01:23:46.480]  of the day, what will be an equitable outcome for me so that I know when I've won.
[01:23:46.480 --> 01:23:53.240]  For me, my purpose is to put every judge in the country in a position such that when they
[01:23:53.240 --> 01:23:59.480]  step up behind the bar, I'm sorry, they step up behind the bench and look out across the
[01:23:59.480 --> 01:24:04.920]  bar at the gallery, I want them wondering which one, which one of those scoundrels sitting
[01:24:04.920 --> 01:24:10.360]  out there waiting for me to do something so he can run down to the grand jury and try
[01:24:10.360 --> 01:24:18.320]  to get me indicted or go to the conduct commission trying to get me thrown off the bench.
[01:24:18.320 --> 01:24:22.240]  When they're thinking that, they're going to be careful.
[01:24:22.240 --> 01:24:27.800]  I don't want the judge just looking at the defendant and the plaintiff, I want him looking
[01:24:27.800 --> 01:24:35.760]  out at the gallery and when you come in and start setting them up and bushwhacking them,
[01:24:35.760 --> 01:24:38.840]  that's when they start watching the gallery.
[01:24:38.840 --> 01:24:46.200]  When I go into a court now in Dallas or Fort Worth, they know immediately, a friend of
[01:24:46.200 --> 01:24:53.320]  mine called me, a guy he knew went into court in South Lake, Texas, little municipality
[01:24:53.320 --> 01:24:58.960]  is halfway between Dallas and Fort Worth, with a turban on, he was Indian and they asked
[01:24:58.960 --> 01:25:01.880]  him to take it off and he said he couldn't, it was a religious thing, so they threw him
[01:25:01.880 --> 01:25:02.880]  out of the court.
[01:25:02.880 --> 01:25:09.040]  Said the bailiff come out and ask him, are you Randy Kelton?
[01:25:09.040 --> 01:25:13.480]  And he was telling David this and he said, what were they talking about, who is Randy
[01:25:13.480 --> 01:25:14.480]  Kelton?
[01:25:14.480 --> 01:25:19.840]  And David said, oh yeah, I know who Randy Kelton is.
[01:25:19.840 --> 01:25:27.880]  I've never been into South Lake's court, but they knew about me, somebody has given them
[01:25:27.880 --> 01:25:30.680]  a hard time and they just assumed it was me.
[01:25:30.680 --> 01:25:37.640]  So it is really powerful when you take these guys on and you do it with their own law.
[01:25:37.640 --> 01:25:42.240]  So I could not be more pleased with you, Joseph.
[01:25:42.240 --> 01:25:48.720]  And it looks like she got a real good shot at him, primary thing, do your homework.
[01:25:48.720 --> 01:25:57.280]  Oh yo, I've been, I've been doing my homework on this for a little over a year now and I've
[01:25:57.280 --> 01:26:01.480]  gotten involved in some vehicle traffic law cases and I've done real well with those for
[01:26:01.480 --> 01:26:03.080]  some friends of mine.
[01:26:03.080 --> 01:26:11.240]  And that's where I got involved with the bar grievances and the judicial conduct complaints
[01:26:11.240 --> 01:26:16.720]  and boy, does that ever get a case dropped quick.
[01:26:16.720 --> 01:26:22.960]  Okay, that shouldn't be as much fun as it is, you ought to be ashamed of yourself for
[01:26:22.960 --> 01:26:24.880]  enjoying that so much.
[01:26:24.880 --> 01:26:28.520]  I know, I'm terribly ashamed of myself.
[01:26:28.520 --> 01:26:36.600]  Yeah, I just thought all the time, I had a case, a friend of mine was driving a taxi
[01:26:36.600 --> 01:26:41.320]  and this cop gave him a ride on Reddit at midnight, you know, when the sign clearly
[01:26:41.320 --> 01:26:45.600]  says between 8 a.m. and 5 p.m.
[01:26:45.600 --> 01:26:53.480]  So you know, I wrote up a little brief, you know, attacking what the cop did and demanded
[01:26:53.480 --> 01:26:58.960]  that he be arrested and everything, I brought it to court and you know, I was defending
[01:26:58.960 --> 01:27:05.280]  my friend and the judge and I got in a big fight about, you know, my right to defend
[01:27:05.280 --> 01:27:09.440]  my friend, we got in a screaming match, he kept telling me he was going to arrest me
[01:27:09.440 --> 01:27:15.920]  and I kept telling him, well here I am, go for it and the prosecutor comes running down
[01:27:15.920 --> 01:27:23.840]  the aisle yelling to dismiss the case, I'd given the prosecutor all of my paperwork,
[01:27:23.840 --> 01:27:29.440]  you know, prior to sitting down, you know, so he had a chance to look it over and you
[01:27:29.440 --> 01:27:37.120]  know, he got the judge to dismiss it and the strangest thing, he patted me on the back
[01:27:37.120 --> 01:27:42.800]  and he shook my hand, he told me I'd done a wonderful job defending my friend, the judge
[01:27:42.800 --> 01:27:48.200]  had some kind of emotional meltdown, he had to leave the bench and then he quit the bench,
[01:27:48.200 --> 01:27:51.960]  he quit the bench and the cop got fired.
[01:27:51.960 --> 01:27:52.960]  Oh wonderful.
[01:27:52.960 --> 01:27:59.280]  I never even got to litigate the case, I never got to say a thing.
[01:27:59.280 --> 01:28:07.640]  I had a problem in Azalea, Texas over a speeding issue and the judge said, is the prosecution
[01:28:07.640 --> 01:28:12.760]  ready and the prosecutor said, no your honor, the prosecution is not ready, he's dismissed
[01:28:12.760 --> 01:28:13.760]  I object.
[01:28:13.760 --> 01:28:19.880]  Mr. Calford, you can't object to me dismissing the case, so we sure can't judge, we were
[01:28:19.880 --> 01:28:27.240]  just about to get to the fun part, get out of my court.
[01:28:27.240 --> 01:28:37.280]  If we get more people like you, we will start having fair and proper courts, I know people
[01:28:37.280 --> 01:28:48.000]  complain about our public officials but frankly, it's not their fault, it's our fault.
[01:28:48.000 --> 01:28:57.440]  We haven't held them to a fine line on rule of law, to quote Romeo and Juliet, we have
[01:28:57.440 --> 01:29:05.160]  winked at their discords, the first time they stepped across one of our legal lines we didn't
[01:29:05.160 --> 01:29:12.840]  rail in righteous indignation, so through a series of seemingly minor adjustments toward
[01:29:12.840 --> 01:29:18.520]  administrative convenience and adjudicative expediency, they have gotten so far outside
[01:29:18.520 --> 01:29:26.360]  the rule of law that when you read the code and compare it to the practice, you'll think
[01:29:26.360 --> 01:29:32.040]  you've stepped through the looking glass, you'll wonder how can it be so messed up and
[01:29:32.040 --> 01:29:39.760]  it got this messed up because we were not diligent, so thank you Joseph for being diligent,
[01:29:39.760 --> 01:29:42.000]  do you have anything else for us?
[01:29:42.000 --> 01:29:43.000]  Not today.
[01:29:43.000 --> 01:29:52.400]  Okay, I'm having too much fun talking with you, okay, keep it up Joseph and keep us appraised
[01:29:52.400 --> 01:30:01.280]  of how this goes, we're ready to count on rule of law radio, we'll be right back.
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[01:30:49.320 --> 01:30:54.800]  courts use brainwave technology to read defendants minds and place them at the scene of the crime,
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[01:33:15.920 --> 01:33:42.000]  Okay, we are back.
[01:33:42.000 --> 01:33:48.600]  Randy Kelton with Logos Radio and we're going to Chris in Pennsylvania, hello Chris.
[01:33:48.600 --> 01:33:50.560]  Hello Randy.
[01:33:50.560 --> 01:33:55.360]  So how's it going with your foreclosure issue?
[01:33:55.360 --> 01:34:01.960]  For those of you who don't know Chris, he filed bankruptcy, claimed the property is
[01:34:01.960 --> 01:34:13.480]  unsecured, the bankruptcy court, what do you call it, discharged, I keep losing that term,
[01:34:13.480 --> 01:34:18.440]  discharged the debt and now the lender is coming back trying to sue for foreclosure
[01:34:18.440 --> 01:34:21.120]  based on the deed of trust.
[01:34:21.120 --> 01:34:25.560]  So where are we with that case?
[01:34:25.560 --> 01:34:33.440]  Well we spoke last about the fact that they put in a summary judgment and our attorney
[01:34:33.440 --> 01:34:39.800]  countered with a response that the bank actually didn't take the assignment of the mortgage,
[01:34:39.800 --> 01:34:43.860]  they took, since we built the home, they took an assignment of the construction loan which
[01:34:43.860 --> 01:34:47.200]  was paid off.
[01:34:47.200 --> 01:34:54.920]  So in essence they took no assignment of the mortgage and now the judge is giving the bank
[01:34:54.920 --> 01:35:03.280]  the opportunity to make a statement as to why we're not entitled to relief based on
[01:35:03.280 --> 01:35:06.280]  that.
[01:35:06.280 --> 01:35:16.240]  I think the legal terminology for that is that was an oops, they should have paid more
[01:35:16.240 --> 01:35:23.840]  attention, this is, you know people listening to this they think that is really an odd thing
[01:35:23.840 --> 01:35:30.640]  that they would make that kind of mistake, well it may be odd but it's not uncommon.
[01:35:30.640 --> 01:35:37.880]  If you go to the county recorder and you look at what's in the public record you will not
[01:35:37.880 --> 01:35:42.440]  believe the garbage you find in there.
[01:35:42.440 --> 01:35:48.480]  You would think that when the bank invests two, three, four hundred thousand into a property
[01:35:48.480 --> 01:35:55.040]  that they would take at least some minor care with the two or three documents that need
[01:35:55.040 --> 01:35:58.760]  to be filed in the record to make sure they're done right.
[01:35:58.760 --> 01:36:05.160]  The records are a horrible mess like in your case Chris.
[01:36:05.160 --> 01:36:11.400]  Well that's what we were hoping the judge would take a look at that the assignment which
[01:36:11.400 --> 01:36:22.840]  came from a known robo signer who's a loan officer for Wells Fargo who assigned the assignment
[01:36:22.840 --> 01:36:29.800]  document stating she was a resident of my home would have looked at the document before
[01:36:29.800 --> 01:36:37.560]  she signed it to determine that the actual docket number of the mortgage was what was
[01:36:37.560 --> 01:36:39.640]  being assigned.
[01:36:39.640 --> 01:36:44.200]  So we're hoping that the judge can kind of grasp the fact that none of these people had
[01:36:44.200 --> 01:36:52.480]  personal knowledge of this loan but my point is if a couple of weeks ago you were talking
[01:36:52.480 --> 01:37:00.480]  with Mark in New York I believe and you were mentioning about the FDCPA and the actual
[01:37:00.480 --> 01:37:10.880]  ability for a servicer or credit or debt collector to take an assignment of mortgage while in
[01:37:10.880 --> 01:37:23.960]  default in order to render payment through foreclosure.
[01:37:23.960 --> 01:37:30.840]  Is that what I got from that conversation?
[01:37:30.840 --> 01:37:34.480]  Uh oh did I lose you?
[01:37:34.480 --> 01:37:43.540]  Oops there you go yes okay yes they have they can do that they can make that assignment.
[01:37:43.540 --> 01:37:51.360]  They have servicers that specialize in foreclosure so generally when a note gets slow pay the
[01:37:51.360 --> 01:37:57.600]  first way you can tell by paying attention to the public record is you'll find an assignment
[01:37:57.600 --> 01:38:04.960]  because they'll assign it to this servicer that specializes in foreclosure.
[01:38:04.960 --> 01:38:20.320]  Well if a servicer receives the assignment after a notice of acceleration has been filed
[01:38:20.320 --> 01:38:29.880]  then that servicer cannot claim that he's acting to recover the collateral for the bank.
[01:38:29.880 --> 01:38:33.920]  He is a debt collector.
[01:38:33.920 --> 01:38:41.520]  If he receives the assignment before there's any foreclosure proceedings he can claim that
[01:38:41.520 --> 01:38:50.240]  he's recovering property the collateral for the bank and he doesn't fall under the FDCPA.
[01:38:50.240 --> 01:38:57.680]  So once if they get it while it's in after notice of acceleration starts the foreclosure
[01:38:57.680 --> 01:39:08.400]  process so if he receives it after the foreclosure process is initiated he falls under.
[01:39:08.400 --> 01:39:09.400]  That makes sense?
[01:39:09.400 --> 01:39:15.520]  Right it does and that's what they did in this case they actually took the assignment
[01:39:15.520 --> 01:39:23.960]  while we were in bankruptcy after they gave us the Act 61 notice and accelerated the payment
[01:39:23.960 --> 01:39:32.200]  which is my question is if the judge were to sit and say that since they assigned themselves
[01:39:32.200 --> 01:39:41.400]  from a bank that's been closed since 2008 a mortgage and they assigned themselves the
[01:39:41.400 --> 01:39:48.440]  wrong document is he going to allow them to correct the document or does it become a matter
[01:39:48.440 --> 01:39:49.440]  of.
[01:39:49.440 --> 01:40:05.560]  Oh that means that the plaintiff okay let me back up a step is there a action by the
[01:40:05.560 --> 01:40:13.120]  plaintiff I mean are you the plaintiff in the case set bar or is the debt collector
[01:40:13.120 --> 01:40:15.120]  the plaintiff?
[01:40:15.120 --> 01:40:17.200]  The debt collector is the plaintiff.
[01:40:17.200 --> 01:40:28.080]  Good if the debt collector did not have standing or legal capacity when the action was initiated
[01:40:28.080 --> 01:40:36.640]  then once it's determined that he didn't have standing the case must be dismissed
[01:40:36.640 --> 01:40:42.960]  because the court never had subject matter jurisdiction from the beginning and that cannot
[01:40:42.960 --> 01:40:49.640]  ever be corrected they'd have to start all over again okay so they would have to start
[01:40:49.640 --> 01:40:57.920]  over with an Act 6 notice start the whole foreclosure process over yes and how is the
[01:40:57.920 --> 01:41:02.800]  statute of limitations on this one running?
[01:41:02.800 --> 01:41:08.120]  Well we're I think it's what six years?
[01:41:08.120 --> 01:41:17.120]  Look at a part of the when you file bankruptcy and an automatic stay went into place that
[01:41:17.120 --> 01:41:25.000]  will toll the limitation so that has to be taken out it the time they weren't allowed
[01:41:25.000 --> 01:41:35.560]  to foreclose doesn't count okay so they need 16 years outside the automatic stay okay well
[01:41:35.560 --> 01:41:41.600]  we're running up that that happens in about six months okay then you want to they okay
[01:41:41.600 --> 01:41:46.840]  if the judge throws them out of court they're absolutely going to appeal and they'll get
[01:41:46.840 --> 01:41:58.920]  you past that time limit okay wonderful wonderful so that gives them one more whatever happened
[01:41:58.920 --> 01:42:08.240]  to the admonition against collecting a debt after it's been discharged?
[01:42:08.240 --> 01:42:13.280]  I'm not sure what happened with that they seem to be avoiding that issue I think for
[01:42:13.280 --> 01:42:21.280]  some reason the judge happens to just be avoiding the whole bankruptcy issue that were that
[01:42:21.280 --> 01:42:30.280]  happened okay then maybe I can answer my own question you are addressing whether or not
[01:42:30.280 --> 01:42:36.240]  the assignment to this party was proper that goes to subject manager jurisdiction and standing
[01:42:36.240 --> 01:42:43.840]  and that must be addressed before anything else if they if you if it gets ruled in their
[01:42:43.840 --> 01:42:49.880]  favor and say that says yeah they do have standing to invoke the subject manager jurisdiction
[01:42:49.880 --> 01:42:57.000]  in the court now your lawyer now the issue of the prohibition will come into play and
[01:42:57.000 --> 01:43:05.000]  that that may be why that thing if it's in the court it's still in play right yeah because
[01:43:05.000 --> 01:43:13.560]  these guys really work at not proving standing that's the only they can't so they may use
[01:43:13.560 --> 01:43:21.760]  up their own time you're getting in a good position here even if the courts rule against
[01:43:21.760 --> 01:43:26.600]  them now they're going to not going to get it done through the court of appeals before
[01:43:26.600 --> 01:43:33.680]  their time limit runs out right I'm hoping that that's what happens I mean if the judge
[01:43:33.680 --> 01:43:38.520]  allows them to correct a note is that something he's not going to just say okay how can we
[01:43:38.520 --> 01:43:46.040]  get another correction if the bank that they got the assignment front is no longer yeah
[01:43:46.040 --> 01:43:49.960]  that's going to be an issue hang on about to go to break Randy Kelton rule our radio
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[01:46:26.880 --> 01:46:35.320]  Okay we are back Randy Kelton rule of law radio and we're talking to Chris in Pennsylvania.
[01:46:35.320 --> 01:46:42.240]  Okay Chris it looks like you're in a good spot and it looks like the court is actually
[01:46:42.240 --> 01:46:50.360]  paying attention to law he's not just blowing things off this request that they show why
[01:46:50.360 --> 01:46:57.240]  you the case shouldn't be dismissed is that's pretty big deal and they're going to have
[01:46:57.240 --> 01:47:04.440]  a hard time getting over that right I'm hoping that when it comes down to it the judge also
[01:47:04.440 --> 01:47:08.600]  looks at the fact that you know the the first assignment should have never happened because
[01:47:08.600 --> 01:47:14.240]  they took the assignment from Wachovia who is out of business using MERS as their nominee
[01:47:14.240 --> 01:47:20.320]  and MERS can't be a nominee for someone who's not in business so okay do you have
[01:47:20.320 --> 01:47:28.880]  that argument before the court we do oh wonderful there's one more argument that it came to
[01:47:28.880 --> 01:47:39.960]  me just a couple of weeks ago I was working up and a FDCPA action and it I referenced
[01:47:39.960 --> 01:47:54.840]  15 USC 1692 E so this doesn't sound so complex FDCPA is 15 US code 1692 it's that one statute
[01:47:54.840 --> 01:48:03.320]  and you got A, B, C, D, E, F, G and so forth so we do reference G and that's the one that
[01:48:03.320 --> 01:48:10.520]  allows you to send a qualified written request but B, E is the one that requires that all
[01:48:10.520 --> 01:48:34.480]  notices be I forget exactly the terminology has to be clear and understandable and the quality of the communication is measured
[01:48:34.480 --> 01:48:45.160]  by the standard of the lease a least sophisticated consumer so I'm I was just going through that
[01:48:45.160 --> 01:48:49.440]  and then I went back and looked at a section I was looking to see if this particular mortgage
[01:48:49.440 --> 01:48:56.880]  had MERS listed in it and I see that there's MERS is defined as the beneficiary and I said
[01:48:56.880 --> 01:49:07.720]  wait a minute if I'm a lease sophisticated consumer and I read this contract that the
[01:49:07.720 --> 01:49:18.920]  lender brought to me this contract defines some MERS as the beneficiary so from a lease
[01:49:18.920 --> 01:49:28.200]  sophisticated consumer perspective it appears to me that the lender at closing caused the
[01:49:28.200 --> 01:49:36.800]  beneficial interest in the instrument to be transferred to MERS because they the lender
[01:49:36.800 --> 01:49:45.120]  defined MERS as the beneficiary or named him as the beneficiary and now later on in
[01:49:45.120 --> 01:49:52.000]  the contract it says in the second paragraph of the contract itself the first page and
[01:49:52.000 --> 01:49:59.080]  after two pages or so our definition section the first paragraph of the contract is the
[01:49:59.080 --> 01:50:10.840]  transfer of the property and that if it's a mortgage state it's okay is Pennsylvania
[01:50:10.840 --> 01:50:19.600]  a mortgage state or deed of trust state Chris mortgage state okay then the second part wouldn't
[01:50:19.600 --> 01:50:26.680]  matter because the second part says that the first paragraph in a deed of trust transfers
[01:50:26.680 --> 01:50:33.480]  the property to the trustee in a mortgage it will transfer the property to the borrower
[01:50:33.480 --> 01:50:40.840]  so that won't in Pennsylvania that argument second part of the argument won't matter I
[01:50:40.840 --> 01:50:45.680]  know I'm confusing everybody so let me explain a deed of trust first and then I'll do a mortgage
[01:50:45.680 --> 01:50:54.920]  the deed of trust says MERS is the beneficiary then the property is transferred to the trustee
[01:50:54.920 --> 01:51:00.960]  to hold in trust that would be legal title so beneficial title in the definition section
[01:51:00.960 --> 01:51:08.680]  was transferred to MERS legal title is transferred to the trustee the very next paragraph starts
[01:51:08.680 --> 01:51:16.440]  with together with and together with all improvements it includes with the property as collateral
[01:51:16.440 --> 01:51:22.320]  any improvements to the property right in the middle of that paragraph as they stuck
[01:51:22.320 --> 01:51:28.240]  this sentence in there that says you understand MERS is not the beneficiary but merely holds
[01:51:28.240 --> 01:51:40.240]  legal title now okay so they hold legal title but how can they now they're not the beneficiary
[01:51:40.240 --> 01:51:45.840]  so either they are the beneficiary or they're not the beneficiary I'm a least sophisticated
[01:51:45.840 --> 01:51:51.480]  consumer I don't know what to make of that I don't know who the beneficiary is it appears
[01:51:51.480 --> 01:52:00.440]  as though MERS is the beneficiary because they transferred it to it so when MERS subsequently
[01:52:00.440 --> 01:52:11.920]  transfers beneficial interest from the lender to someone else I'm going to say MERS transferred
[01:52:11.920 --> 01:52:19.440]  the interest that the lender held to this other party but the interest that the lender
[01:52:19.440 --> 01:52:25.280]  held was nothing because MERS held the beneficial interest not the lender according to my contract
[01:52:25.280 --> 01:52:30.800]  and if they're going to say oh well that's not really the case then I'm going to say
[01:52:30.800 --> 01:52:39.200]  then your contract is too ambiguous to be enforceable I'm not the one to put that crazy
[01:52:39.200 --> 01:52:49.680]  language in there you guys were in a mortgage contract in a Fannie Mae Freddie Mac uniform
[01:52:49.680 --> 01:52:57.960]  instrument with MERS even a mortgage contract has that same language in there the difference
[01:52:57.960 --> 01:53:05.880]  between a deed of trust and a mortgage is the property is not transferred to a trustee
[01:53:05.880 --> 01:53:14.480]  the trustee section is not there it's transferred to the lender and where MERS is named in the
[01:53:14.480 --> 01:53:21.120]  contract is transferred to MERS and not the lender mortgage is a little different I probably
[01:53:21.120 --> 01:53:27.200]  shouldn't have brought that up but it is a good argument to maintain that MERS held
[01:53:27.200 --> 01:53:34.840]  the beneficial interest so they didn't transfer the beneficial interest that MERS held they
[01:53:34.840 --> 01:53:39.720]  transferred the beneficial interest that the lender held which was no beneficial interest
[01:53:39.720 --> 01:53:42.040]  does that make sense Chris?
[01:53:42.040 --> 01:53:49.280]  That makes sense that makes sense if MERS is leaving an active nominee because the bank
[01:53:49.280 --> 01:53:53.960]  has been closed that's the part we didn't understand with the first assignment that
[01:53:53.960 --> 01:54:01.880]  even if you look at it it's a fallacy of relevance because there is no there's no nominee status
[01:54:01.880 --> 01:54:08.960]  to a bank that's closed and if you look at MERS mentorship online it even shows the banks
[01:54:08.960 --> 01:54:16.480]  who are members of MERS and Wachovia is not one of them and hasn't been since 2009 and
[01:54:16.480 --> 01:54:25.920]  you might consider complex equivalent have you heard me address that before?
[01:54:25.920 --> 01:54:35.200]  Nominee is a complex equivalence in that nominee has a meaning when you hear the word nominee
[01:54:35.200 --> 01:54:45.160]  you think of the Webster definition or you think of the Black's law definition they happen
[01:54:45.160 --> 01:54:54.520]  to be the same and how they define a nominee is someone who has been named for consideration
[01:54:54.520 --> 01:55:05.640]  to a position but the way nominee is used in the deed of trust clearly that definition
[01:55:05.640 --> 01:55:13.320]  doesn't apply because it would mean nothing you would state in the definition section
[01:55:13.320 --> 01:55:21.400]  that MERS has been nominated to be an agent for the lender but it doesn't name MERS as
[01:55:21.400 --> 01:55:30.440]  an agent for the lender but on reading the contract it appears that the lender who created
[01:55:30.440 --> 01:55:37.360]  that contract intended that MERS actually be an agent but they didn't call him an agent
[01:55:37.360 --> 01:55:46.720]  they called him a nominee so that term is it comes turns out to be a complex equivalent
[01:55:46.720 --> 01:55:53.520]  in that you have one meaning for the term and I'll have a meaning for the term and our
[01:55:53.520 --> 01:55:59.680]  meanings would be the same Webster's or Black's but the bank has a different meaning for the
[01:55:59.680 --> 01:56:06.400]  term and they didn't define that meaning so we have two different meanings for the same
[01:56:06.400 --> 01:56:14.160]  term that's a complex equivalent and it renders the document ambiguous to the point of being
[01:56:14.160 --> 01:56:27.200]  unenforceable I don't know who wrote that contract but they had to be high on coke only
[01:56:27.200 --> 01:56:34.280]  a lawyer could have written something that stupid and he had to be high on coke to get
[01:56:34.280 --> 01:56:48.200]  it quite that stupid it took me several years to allow myself to say this is crazy because
[01:56:48.200 --> 01:56:53.600]  if you go look on Fannie Mae Freddie Mac's website you've got a list of all of these
[01:56:53.600 --> 01:57:03.880]  documents every state is using this form 50 states are all using this form so I read it
[01:57:03.880 --> 01:57:12.720]  and it doesn't make sense to me and I'm thinking I must have missed something but it took three
[01:57:12.720 --> 01:57:19.520]  or four years of research to realize I didn't miss anything this deed of trust and mortgage
[01:57:19.520 --> 01:57:26.080]  Fannie Mae Freddie Mac uniformed instrument is nonsense the 10th grader wouldn't have
[01:57:26.080 --> 01:57:33.960]  made these stupid mistakes there's nobody that can enforce this trash anyway enough
[01:57:33.960 --> 01:57:39.360]  of my ranting about that just a couple more arguments you could certainly make but Chris
[01:57:39.360 --> 01:57:46.880]  I don't think you're going to need them it certainly sounds like this judge grasp you
[01:57:46.880 --> 01:57:57.160]  know this is a real easy concept to grasp you have a claim under a mortgage that's under
[01:57:57.160 --> 01:58:07.040]  a loan that's been paid off good luck with that right okay do you have anything else
[01:58:07.040 --> 01:58:13.320]  for us no that was my question you think if it comes down to the point where the judge
[01:58:13.320 --> 01:58:19.240]  allows the bank to render another mortgage and go through the foreclosure process again
[01:58:19.240 --> 01:58:28.720]  is it something that the FTCPA would benefit me making that argument up front because they're
[01:58:28.720 --> 01:58:34.080]  obviously a debt collector and now they're attempting you know okay okay hang on we're
[01:58:34.080 --> 01:58:38.880]  about to go to break we'll finish this up on the other side mark I see you there we
[01:58:38.880 --> 01:58:43.480]  will get to you Randy Kelton with our radio I'll call it number five one two six four
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