[00:00.000 --> 00:08.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing you jelly
[00:08.000 --> 00:10.000]  bulletins for the commodities market.
[00:10.000 --> 00:23.000]  Today in history, news updates and the inside scoop into the tides of the alternatives.
[00:23.000 --> 00:29.000]  Markets for Wednesday, July 20th, 2016, are currently trading with gold at $1,318.42 an
[00:29.000 --> 00:36.000]  ounce, silver $19.53 an ounce, Texas crude $44.65 a barrel, and Bitcoin is currently
[00:36.000 --> 00:44.000]  sitting at about $667 U.S. currency.
[00:44.000 --> 00:50.000]  Today in history, the year 1977, the Central Intelligence Agency releases 20,000 documents
[00:50.000 --> 00:55.000]  relating to Project MKUltra under the Freedom of Information Act, revealing that it engaged
[00:55.000 --> 01:02.000]  in mind control experiments.
[01:02.000 --> 01:06.000]  In recent news, Reuters and several human rights organizations, including the Syrian
[01:06.000 --> 01:11.000]  Observatory for Human Rights, SOHR, and Amnesty International have reported that anywhere
[01:11.000 --> 01:17.000]  between 56 and 160 civilians, including at least 11 children, were killed in a U.S.-led
[01:17.000 --> 01:18.000]  airstrike in Syria yesterday.
[01:18.000 --> 01:22.000]  It appears the strike had apparently hit a school that was sheltering displaced people
[01:22.000 --> 01:23.000]  from Syria.
[01:23.000 --> 01:29.000]  SOHR is reporting that at least 167 civilians have been killed so far in the city of Manbij
[01:29.000 --> 01:39.000]  since May, when the U.S.-led coalition started their campaign in the area.
[01:39.000 --> 01:43.000]  Researchers have published a new map of the brain detailing nearly 100 previously unknown
[01:43.000 --> 01:44.000]  regions today.
[01:44.000 --> 01:49.000]  Matthew F. Glasser, a neuroscientist at Washington University School of Medicine and lead author
[01:49.000 --> 01:54.000]  of the new research, said that, quote, this map you should think of as a version 1.0.
[01:54.000 --> 01:58.000]  There may be a version 2.0 as the data gets better and more eyes look at the data.
[01:58.000 --> 02:01.000]  We hope the map can evolve as the science progresses.
[02:01.000 --> 02:06.000]  Three years ago, Dr. Glasser and his colleagues set out to create a new, much more detailed
[02:06.000 --> 02:11.000]  and precise map of the human brain using data collected by the Human Connectum Project,
[02:11.000 --> 02:15.000]  where 1,200 volunteers were studied with powerful new brain scanners.
[02:15.000 --> 02:19.000]  The project team recorded high-resolution images of each participant's brain and then
[02:19.000 --> 02:24.000]  recorded its activity during hours of tests on memory, language, and other kinds of thought.
[02:24.000 --> 02:28.000]  Scientists plan on using this new map to track the development of young brains and to look
[02:28.000 --> 02:38.000]  for changes caused by disorders like Alzheimer's and other neurological disorders.
[02:38.000 --> 02:48.000]  The Old Star Lowdown is currently looking for sponsors.
[02:48.000 --> 03:15.000]  This is Rick Roadie with the Lowdown for July 20, 2016.
[03:15.000 --> 03:30.000]  Okay.
[03:30.000 --> 03:31.000]  We are back.
[03:31.000 --> 03:33.000]  Randy Kelton, Vet Pack, Rule of Law Radio.
[03:33.000 --> 03:36.000]  We're talking to Oliver in Tennessee.
[03:36.000 --> 03:42.000]  Oliver, I'm going to give you a suggestion that will make this a whole lot easier.
[03:42.000 --> 03:55.000]  I suggest that every paragraph be preceded by a heading.
[03:55.000 --> 04:01.000]  Every time you start a paragraph, write down a heading so it tells you what you're going
[04:01.000 --> 04:05.000]  to say in this paragraph.
[04:05.000 --> 04:13.000]  It's kind of tedious at first, but once you've done it a little bit, it will become a very
[04:13.000 --> 04:18.000]  effective tool when you're writing a large complex document.
[04:18.000 --> 04:26.000]  When you put in that heading, always set a style to it because then there's a navigation
[04:26.000 --> 04:32.000]  pane that you can open that literally shows you a table of contents.
[04:32.000 --> 04:34.000]  It lists all of your headings.
[04:34.000 --> 04:40.000]  I do this on big documents and I go down that table of contents and I wind up seeing the
[04:40.000 --> 04:44.000]  same heading two or three times.
[04:44.000 --> 04:49.000]  I'd write these documents and I'd wind up arguing the same thing in several different
[04:49.000 --> 04:50.000]  places.
[04:50.000 --> 04:56.000]  The document's just too big and I'd forget that I had argued it somewhere else.
[04:56.000 --> 05:07.000]  This will be a very effective tool in keeping your document more concise and readable.
[05:07.000 --> 05:10.000]  Does that make sense to you, Oliver?
[05:10.000 --> 05:15.000]  Yes, it does because I saw what you did to it.
[05:15.000 --> 05:22.000]  When I first create my documents, I put headings everywhere.
[05:22.000 --> 05:27.000]  Then once I've got the document kind of together, then I go through and see which ones I can
[05:27.000 --> 05:28.000]  take out.
[05:28.000 --> 05:34.000]  The headings are there to give me direction, to tell me here I'm telling this, here I'm
[05:34.000 --> 05:37.000]  explaining this, here I'm explaining this.
[05:37.000 --> 05:46.000]  Then once I've got the explanations to where they make sense and when I put in a title,
[05:46.000 --> 05:51.000]  it's sitting up there in front of me while I'm writing.
[05:51.000 --> 06:00.000]  It reminds me to stay on topic in this paragraph because sometimes you start making an argument
[06:00.000 --> 06:03.000]  and you wander all over the place.
[06:03.000 --> 06:09.000]  If you have a title in front of each paragraph, it will make it much more simple for you to
[06:09.000 --> 06:18.000]  make a concise single argument for each paragraph and you'll be surprised how much more quickly
[06:18.000 --> 06:21.000]  your documents come together for you.
[06:21.000 --> 06:23.000]  Okay, try that.
[06:23.000 --> 06:25.000]  Work on that.
[06:25.000 --> 06:30.000]  Then send me something next week and let's talk next week.
[06:30.000 --> 06:31.000]  Okay.
[06:31.000 --> 06:36.000]  I got more cool stuff that will help you put together a really good document.
[06:36.000 --> 06:43.000]  But in the morning, send me an email and ask me for the documents I told you on a chance
[06:43.000 --> 06:45.000]  so I'm sure you remember it.
[06:45.000 --> 06:46.000]  I'm old.
[06:46.000 --> 06:47.000]  I sleep.
[06:47.000 --> 06:51.000]  Therefore, I forget.
[06:51.000 --> 06:56.000]  So send me that and I'll get you some more documents to look at and you'll better understand
[06:56.000 --> 06:59.000]  what I'm talking about.
[06:59.000 --> 07:00.000]  Okay.
[07:00.000 --> 07:05.000]  I wanted to ask you a question about, you see, I just went on the, all this is just on action
[07:05.000 --> 07:07.000]  for recovery on the cars.
[07:07.000 --> 07:16.000]  Now, I'm doing a separate suit with the condemnation of my property, the actual demolition of the
[07:16.000 --> 07:17.000]  house.
[07:17.000 --> 07:21.000]  Do you think that's a good strategy?
[07:21.000 --> 07:23.000]  Wait a minute.
[07:23.000 --> 07:25.000]  What was that question?
[07:25.000 --> 07:28.000]  It creates more problems.
[07:28.000 --> 07:33.000]  This suit, what you just went over was just for the cars.
[07:33.000 --> 07:39.000]  They also demolished my house that day, but I wanted to do that on a separate suit.
[07:39.000 --> 07:43.000]  I wanted to see what did you think about me doing that?
[07:43.000 --> 07:48.000]  No, what the court, the courts don't want you doing that.
[07:48.000 --> 07:54.000]  And it probably would be better if you didn't so that you make all of your claims at one
[07:54.000 --> 07:55.000]  time.
[07:55.000 --> 08:02.000]  The jury is likely to give you a bigger settlement if you do, and it's a lot less work.
[08:02.000 --> 08:10.000]  You tell, both of these things occurred essentially simultaneously.
[08:10.000 --> 08:16.000]  All of this was an action by the city to clean up your property.
[08:16.000 --> 08:19.000]  So it was one action that involved both of them.
[08:19.000 --> 08:22.000]  I would put them both in one suit.
[08:22.000 --> 08:27.000]  But I don't know if I'm going to have, I'm trying to hurry up and get the cars back before
[08:27.000 --> 08:28.000]  they-
[08:28.000 --> 08:29.000]  No, wait a minute, wait a minute.
[08:29.000 --> 08:32.000]  You can write them separate.
[08:32.000 --> 08:35.000]  That way you keep the issues separate.
[08:35.000 --> 08:40.000]  But when you, okay, let me back up again.
[08:40.000 --> 08:46.000]  Is there a special reason that you want to do this in two suits?
[08:46.000 --> 08:56.000]  Because when I read the law and the statute, the way that it says actions are allowed to
[08:56.000 --> 09:06.000]  be taken and the standards of action, it specifies that another lawsuit can be brought because
[09:06.000 --> 09:13.000]  it is a separate occasion, even though it happened at the same time.
[09:13.000 --> 09:14.000]  Okay.
[09:14.000 --> 09:19.000]  So I also wanted to make a name in this town because I've got a lot of other issues that
[09:19.000 --> 09:20.000]  I've been bringing up.
[09:20.000 --> 09:26.000]  So if they have to deal with me two different times on one issue and these are big issues,
[09:26.000 --> 09:30.000]  these are big money issues, then they know that I'm serious.
[09:30.000 --> 09:36.000]  So next time I bring up an issue, my servants will act right.
[09:36.000 --> 09:37.000]  Okay.
[09:37.000 --> 09:47.000]  There is a very good chance, if you file two separate suits, that the city will file a
[09:47.000 --> 09:55.000]  motion for Joinder, a motion to join these two suits as they will claim they both arise
[09:55.000 --> 09:58.000]  out of the same incident.
[09:58.000 --> 10:03.000]  Yeah, but I have an argument for that and it's illegal.
[10:03.000 --> 10:07.000]  It's in the statute.
[10:07.000 --> 10:09.000]  That's great.
[10:09.000 --> 10:15.000]  That would be a great thing to do to them.
[10:15.000 --> 10:20.000]  Set them up, knowing what they're going to do so you're ready for them when they try
[10:20.000 --> 10:21.000]  it.
[10:21.000 --> 10:24.000]  Yeah, that's what I was trying to explain to you.
[10:24.000 --> 10:30.000]  I mean, I want to be a pain in the butt because I've been locked up several times and there's
[10:30.000 --> 10:33.000]  no driving issue and I have a license.
[10:33.000 --> 10:37.000]  I just did it because I can't get other people to believe me.
[10:37.000 --> 10:42.000]  So I had to go get the paperwork to show them, look, hey, I go to court, I beat the charges.
[10:42.000 --> 10:47.000]  Now stop looking at me like I'm crazy.
[10:47.000 --> 10:49.000]  Well, I like that idea.
[10:49.000 --> 10:52.000]  I like setting them up.
[10:52.000 --> 10:57.000]  It's always good for them to think you're a step ahead.
[10:57.000 --> 11:00.000]  Oliver, do you play chess?
[11:00.000 --> 11:01.000]  Yes.
[11:01.000 --> 11:07.000]  I thought so because that was definitely a pawn move.
[11:07.000 --> 11:09.000]  Okay.
[11:09.000 --> 11:15.000]  Yeah, in that case, if that's what you want to do, yeah, I think it's a great idea.
[11:15.000 --> 11:22.000]  And then I can use the same format that you showed me here because it's almost the same
[11:22.000 --> 11:26.000]  case but I get to separate it because the law says I can.
[11:26.000 --> 11:27.000]  Yeah.
[11:27.000 --> 11:33.000]  I will send you one that's much more complete and you can use that.
[11:33.000 --> 11:36.000]  I may actually have a template.
[11:36.000 --> 11:40.000]  If I don't have one, I probably need to produce one.
[11:40.000 --> 11:45.000]  So I may just produce a template and send you a copy of that.
[11:45.000 --> 11:51.000]  So just send me an email to remind me and I'll send you some stuff to look at that will
[11:51.000 --> 11:53.000]  make a lot of this a whole lot easier.
[11:53.000 --> 12:01.000]  And as soon as this first suit gets done, I'm going to have to come down there and thank
[12:01.000 --> 12:10.000]  you personally, you and Eddie Craig and your assistant because without your information
[12:10.000 --> 12:16.000]  or push to go look at these things and understand it, I wouldn't be in the position I am now.
[12:16.000 --> 12:19.000]  So I'm going to make sure that I...
[12:19.000 --> 12:20.000]  Okay.
[12:20.000 --> 12:25.000]  Well, if you come down to meet Eddie Craig, make sure you bring a flush water with you
[12:25.000 --> 12:28.000]  to whack him and keep him in line.
[12:28.000 --> 12:30.000]  All right.
[12:30.000 --> 12:32.000]  I really appreciate that.
[12:32.000 --> 12:33.000]  Okay.
[12:33.000 --> 12:36.000]  Do you have anything else for us today, Oliver?
[12:36.000 --> 12:43.000]  No, but I looked in that section where you told me to go find the inability to pay.
[12:43.000 --> 12:44.000]  It was not in that section.
[12:44.000 --> 12:50.000]  So what I'm going to do is I'm going to go look through all the court statutes that are
[12:50.000 --> 12:54.000]  possible in the TCA code.
[12:54.000 --> 13:00.000]  Then once I can't find it, then I'll come back and confirm with you that I can't find
[13:00.000 --> 13:01.000]  it.
[13:01.000 --> 13:02.000]  So there's a problem.
[13:02.000 --> 13:03.000]  Okay.
[13:03.000 --> 13:05.000]  As far as the ability to pay.
[13:05.000 --> 13:06.000]  Okay.
[13:06.000 --> 13:07.000]  Thank you.
[13:07.000 --> 13:08.000]  Thank you, Oliver.
[13:08.000 --> 13:09.000]  Okay.
[13:09.000 --> 13:11.000]  Now we're going to go to Doug in Ohio.
[13:11.000 --> 13:12.000]  Hello, Doug.
[13:12.000 --> 13:13.000]  Hey, Randy.
[13:13.000 --> 13:14.000]  Good evening.
[13:14.000 --> 13:22.000]  Earlier in the week, we had a conversation about filing a quiet title based on the dead
[13:22.000 --> 13:29.000]  man issue where a lender had gone out of business in 07 and then their name was used in an assignment
[13:29.000 --> 13:32.000]  in 2011.
[13:32.000 --> 13:33.000]  So that's...
[13:33.000 --> 13:34.000]  Yes.
[13:34.000 --> 13:35.000]  Right.
[13:35.000 --> 13:36.000]  Okay.
[13:36.000 --> 13:40.000]  Let me amend that with some of my latest research.
[13:40.000 --> 13:41.000]  Okay.
[13:41.000 --> 13:46.000]  28 U.S. Code 2201.
[13:46.000 --> 13:55.000]  That's the Declaratory Judgment Act in the Fed.
[13:55.000 --> 14:07.000]  And that's something that you can focus on the quiet title issue kind of indirectly here.
[14:07.000 --> 14:17.000]  This statute was intended to give a party an opportunity to get the court to declare
[14:17.000 --> 14:20.000]  its rights.
[14:20.000 --> 14:29.000]  What you want to do is go to the court and ask the court to say that this is your property
[14:29.000 --> 14:41.000]  and the foreclosing party or the party claiming to be preparing to foreclose lacks standing
[14:41.000 --> 14:45.000]  to take an action against your property.
[14:45.000 --> 14:51.000]  So it's really very focused.
[14:51.000 --> 14:53.000]  Okay.
[14:53.000 --> 14:59.000]  I'm thinking back on your property, who was your original lender?
[14:59.000 --> 15:01.000]  FMS Capital.
[15:01.000 --> 15:05.000]  When did S&S Capital die?
[15:05.000 --> 15:07.000]  07.
[15:07.000 --> 15:14.000]  And when did S&S Capital transfer its asset to a third party?
[15:14.000 --> 15:16.000]  In 07.
[15:16.000 --> 15:22.000]  They transferred to a liquidating trustee and then the assignment was done in 2011.
[15:22.000 --> 15:29.000]  And how I came about the fact that FMS Capital went out of business is because when I did
[15:29.000 --> 15:40.000]  my rescission in 2015, the CEO for the liquidating trustee told me that as of 2007,
[15:40.000 --> 15:44.000]  FMS Capital didn't have any loans on their books.
[15:44.000 --> 15:52.000]  Okay. Did the liquidating trustee file an assignment in the record?
[15:52.000 --> 15:54.000]  Nope.
[15:54.000 --> 16:01.000]  Then, wait a minute, did S&S Capital bankrupt?
[16:01.000 --> 16:06.000]  Was this a bankruptcy trustee?
[16:06.000 --> 16:15.000]  Well, FMS Capital was the lender and Amherst Partners was the liquidating trustee.
[16:15.000 --> 16:20.000]  So it appears as though the company just shut down.
[16:20.000 --> 16:22.000]  I guess.
[16:22.000 --> 16:28.000]  We might go back and see if they went bankrupt because the bankruptcy trustee may have
[16:28.000 --> 16:36.000]  hired this trustee to liquidate the assets.
[16:36.000 --> 16:41.000]  The reason I'm asking these questions is the question arises.
[16:41.000 --> 16:48.000]  At the time this company went out of business, was your mortgage an asset of the company?
[16:48.000 --> 17:01.000]  Hang on, Randy Kelton that pack, we'll be right back.
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[19:00.000 --> 19:10.000]  You are listening to the Logos Radio Network, the LogosRadioNetwork.com.
[19:10.000 --> 19:14.000]  Well, don't let nothing get to you.
[19:14.000 --> 19:17.000]  Only the Father can deliver you.
[19:17.000 --> 19:20.000]  Don't let bad-minded people hurt you.
[19:20.000 --> 19:23.000]  Until Satan gets behind you.
[19:23.000 --> 19:25.000]  Know what I mean?
[19:25.000 --> 19:28.000]  My friend, Nala Jackson.
[19:28.000 --> 19:31.000]  Those things are hurting me, friend.
[19:31.000 --> 19:34.000]  Telling you problems and pain.
[19:34.000 --> 19:37.000]  Calling his name once again.
[19:37.000 --> 19:40.000]  Every day you know he won't stay in.
[19:40.000 --> 19:43.000]  Those things are hurting me, friend.
[19:43.000 --> 19:45.000]  Telling you problems and pain.
[19:45.000 --> 19:47.000]  Okay, we are back.
[19:47.000 --> 19:48.000]  Randy Kelton.
[19:48.000 --> 19:49.000]  We're back with a radio.
[19:49.000 --> 19:53.000]  We're talking to Doug in Ohio.
[19:53.000 --> 20:06.000]  And the reason I was going to those issues is here's an argument I made on one of these cases where the company went bankrupt.
[20:06.000 --> 20:10.000]  You have this company here that's operating and they file for bankruptcy.
[20:10.000 --> 20:22.000]  When they file for bankruptcy, the first thing they have to do is transfer all of the assets of the company to the bankruptcy trustee.
[20:22.000 --> 20:29.000]  And then it's the duty of the bankruptcy trustee to properly dispose of the assets.
[20:29.000 --> 20:49.000]  So if your lender goes into bankruptcy and you don't find an assignment of your mortgage to a third party prior to the time they went into bankruptcy,
[20:49.000 --> 20:59.000]  then the presumption must be that the property was transferred to the bankruptcy trustee.
[20:59.000 --> 21:13.000]  And then you would expect, since the bankruptcy trustee can't hold this property, that the bankruptcy trustee would assign the property to someone else.
[21:13.000 --> 21:19.000]  But you look in the record and you never find an assignment by a trustee.
[21:19.000 --> 21:27.000]  So who and how is it that chain of title can be perfected?
[21:27.000 --> 21:48.000]  It must be presumed that since the bankruptcy trustee did not assign the property to a third party in accordance with his duty of liquidating the assets of the bankrupt entity for the benefit of the creditors,
[21:48.000 --> 22:03.000]  then you must assume that the entity did not hold the property when it died, that it had already gotten rid of it and never filed notice in the record.
[22:03.000 --> 22:05.000]  Does that make sense, Doug?
[22:05.000 --> 22:13.000]  Yes. So that should be pretty much an open and shut declaratory judgment, shouldn't it? I mean, there's not much...
[22:13.000 --> 22:18.000]  That's why I'm thinking using the Federal Declaratory Judgment Act.
[22:18.000 --> 22:26.000]  You know, we could argue those issues that witness companies ceased to exist and was liquidated.
[22:26.000 --> 22:42.000]  The liquidated trustee would have necessarily transferred this asset from the original party to some third party, but there is no such transfer there.
[22:42.000 --> 22:54.000]  So the presumption must be is that this company transferred the property to someone else and never filed that transfer in the public record.
[22:54.000 --> 23:14.000]  And if Ohio law is the same as Texas law, it almost has to be, then Texas law under 13.001 property code says any claim against real property not properly acknowledged or proven and filed in the record is void as to the holder.
[23:14.000 --> 23:20.000]  So you don't care who claims to hold this property.
[23:20.000 --> 23:24.000]  It's not in the record, so it's void as to the holder.
[23:24.000 --> 23:27.000]  That's the argument that needs to be made.
[23:27.000 --> 23:39.000]  And you go to the court under the Federal Court under Declaratory Judgment Act and ask the court to rule on the rights of the parties.
[23:39.000 --> 23:47.000]  You ask them to rule that the foreclosing entity has no right to a claim against your property.
[23:47.000 --> 23:49.000]  That's all that's there.
[23:49.000 --> 23:51.000]  The only issue before the court.
[23:51.000 --> 23:57.000]  Who would be the party then, the lender to whom the assignment was directed?
[23:57.000 --> 23:59.000]  In other words, Wells Fargo?
[23:59.000 --> 24:04.000]  Whoever is claiming authority to foreclose.
[24:04.000 --> 24:05.000]  Okay, that's Wells Fargo.
[24:05.000 --> 24:07.000]  Okay.
[24:07.000 --> 24:10.000]  Yeah, it may have changed two or three times in between.
[24:10.000 --> 24:13.000]  It's always the one that's taking the action.
[24:13.000 --> 24:17.000]  And I like to go after the trustee.
[24:17.000 --> 24:20.000]  I just did that to a trustee and the trustee never answered.
[24:20.000 --> 24:22.000]  Yahoo!
[24:22.000 --> 24:26.000]  Sold the property, put a trustee's deed in the record.
[24:26.000 --> 24:40.000]  The date of the sale, I gave, put in the trustee's hand a notice to remove from the record a notice of acceleration.
[24:40.000 --> 24:49.000]  And there's a statute in Texas that was put in place to stop the Republic of Texas group from filing liens against public officials.
[24:49.000 --> 24:56.000]  And this statute says that if someone has filed a claim against real property in the public record
[24:56.000 --> 25:01.000]  and there's nothing in the record showing they have authority to make that claim,
[25:01.000 --> 25:12.000]  if you demand that they remove that record, they must remove it within 20 days or it's a Class A misdemeanor.
[25:12.000 --> 25:19.000]  So I gave one of those notices to the trustee.
[25:19.000 --> 25:22.000]  He ignored it and sold the property.
[25:22.000 --> 25:31.000]  And I went over to the property and somebody had bought it and was cleaning it up, getting it ready to sell.
[25:31.000 --> 25:35.000]  I said, oh, wonderful. This is going to be great.
[25:35.000 --> 25:47.000]  Now I just sued the trustee, claiming that the deed of trust was void and the trustee didn't answer.
[25:47.000 --> 25:53.000]  So now I move for declaratory judgment on the deed of trust.
[25:53.000 --> 26:02.000]  Once I get that ruled void, then I sue the person who's trying to sell the property and evict them from the property.
[26:02.000 --> 26:06.000]  Now they bought it from the trustee and put a lot of money in it so they could sell it.
[26:06.000 --> 26:09.000]  And they're going to say, well, I put all this money in it.
[26:09.000 --> 26:15.000]  I'm going to say, your problem, not my problem.
[26:15.000 --> 26:19.000]  You can get out of my house.
[26:19.000 --> 26:22.000]  You've got a problem with the trustee.
[26:22.000 --> 26:28.000]  Go take it to the trustee or better yet, let's make a deal.
[26:28.000 --> 26:30.000]  I'm already suing the trustee.
[26:30.000 --> 26:33.000]  You sue the trustee and we'll make a deal.
[26:33.000 --> 26:37.000]  I'll get this property back to you.
[26:37.000 --> 26:42.000]  And we get our money from the trustee, from his errors in admissions policy.
[26:42.000 --> 26:46.000]  So I take the buyer and turn him to our side.
[26:46.000 --> 26:54.000]  And both of us go after the foreclosing entity and the trustee.
[26:54.000 --> 26:56.000]  Okay.
[26:56.000 --> 27:02.000]  Another matter is that yesterday I filed bankruptcy, which I had mentioned to you earlier in the week.
[27:02.000 --> 27:04.000]  I was going to do that.
[27:04.000 --> 27:05.000]  Yes.
[27:05.000 --> 27:11.000]  Did you claim the property is unsecured?
[27:11.000 --> 27:12.000]  No.
[27:12.000 --> 27:16.000]  I had to provide a list of creditors.
[27:16.000 --> 27:23.000]  Take the company claiming authority to enforce the deed of trust.
[27:23.000 --> 27:25.000]  Take them off as a creditor.
[27:25.000 --> 27:27.000]  Claim the property is unsecured.
[27:27.000 --> 27:33.000]  You do not have to stipulate to a claim against that property.
[27:33.000 --> 27:34.000]  Take them off.
[27:34.000 --> 27:36.000]  Okay.
[27:36.000 --> 27:38.000]  There's a schedule for that.
[27:38.000 --> 27:51.000]  I think it's Schedule D where you put, you claim the deed of trust in the unsecured section.
[27:51.000 --> 27:52.000]  Yes.
[27:52.000 --> 27:54.000]  Okay.
[27:54.000 --> 27:58.000]  You move them to that and then they're going to say, oh, it's secured, it's secured.
[27:58.000 --> 28:00.000]  And you're going to say, no, it's not, no, it's not.
[28:00.000 --> 28:04.000]  We need to have an evidentiary hearing.
[28:04.000 --> 28:12.000]  This is where we've had a number of people win because the bank comes to the evidentiary hearing.
[28:12.000 --> 28:14.000]  We had one in Fort Worth.
[28:14.000 --> 28:16.000]  The woman was great.
[28:16.000 --> 28:19.000]  The lawyer is on the other side talking to the judge and she said, Your Honor,
[28:19.000 --> 28:22.000]  our counsel has a big stack of papers that he's referring to.
[28:22.000 --> 28:24.000]  Can I see those?
[28:24.000 --> 28:27.000]  And the judge said, sure, to her.
[28:27.000 --> 28:30.000]  So she looks at them and she did exactly what we said.
[28:30.000 --> 28:33.000]  She said, Your Honor, I've never seen these before.
[28:33.000 --> 28:35.000]  Well, aren't those your closing documents?
[28:35.000 --> 28:39.000]  No, Your Honor, I have never seen these documents before.
[28:39.000 --> 28:41.000]  Well, isn't that your signature?
[28:41.000 --> 28:42.000]  I never signed these documents.
[28:42.000 --> 28:44.000]  I've never seen them before.
[28:44.000 --> 28:48.000]  She said the judge ground owned her for about 10 minutes and she never backed down.
[28:48.000 --> 28:50.000]  She hadn't seen those before.
[28:50.000 --> 28:52.000]  They just made these photocopies.
[28:52.000 --> 28:55.000]  She'd never seen these photocopies before.
[28:55.000 --> 29:02.000]  So said finally the judge leaned back and smiled and turned to the lawyers and said, well, counselor,
[29:02.000 --> 29:05.000]  it seems she's never seen these before.
[29:05.000 --> 29:08.000]  You're going to have to come back with the originals.
[29:08.000 --> 29:14.000]  He said a date six weeks ahead, they never showed up.
[29:14.000 --> 29:17.000]  He discharged the debt.
[29:17.000 --> 29:20.000]  So you may be able to discharge the debt in here.
[29:20.000 --> 29:21.000]  Hang on.
[29:21.000 --> 29:22.000]  Going to break.
[29:22.000 --> 29:24.000]  Actually, I've got a few more seconds.
[29:24.000 --> 29:25.000]  Go ahead.
[29:25.000 --> 29:27.000]  I've got 30 seconds.
[29:27.000 --> 29:37.000]  If I listed Wells as alleged and disputed on my list of creditors, should I go ahead and take them off anyway?
[29:37.000 --> 29:38.000]  Wait a minute.
[29:38.000 --> 29:39.000]  I missed part of that.
[29:39.000 --> 29:40.000]  Let me pick that up on the other side.
[29:40.000 --> 29:43.000]  I didn't understand what you said there.
[29:43.000 --> 29:44.000]  Okay.
[29:44.000 --> 29:45.000]  We're going to break.
[29:45.000 --> 29:46.000]  This is Randy Kelton.
[29:46.000 --> 29:47.000]  That PAC.
[29:47.000 --> 29:48.000]  Radio.
[29:48.000 --> 29:51.000]  I call it number 512-646-1984.
[29:51.000 --> 30:01.000]  We'll be right back.
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[33:24.000 --> 33:26.000]  Okay, we are back.
[33:26.000 --> 33:32.000]  Randy Kelton back with Rule of Law Radio, and we're talking to Doug in Ohio.
[33:32.000 --> 33:45.000]  Okay, Doug, you were forced into filing for bankruptcy, but now we generally don't suggest somebody file bankruptcy until the last minute, and you did that.
[33:45.000 --> 33:50.000]  But there's a good chance you can get this thing discharged.
[33:50.000 --> 34:04.000]  I don't know if you can file a 28 USC 2201 as an adversarial proceeding into bankruptcy.
[34:04.000 --> 34:07.000]  How do I find that out?
[34:07.000 --> 34:20.000]  You have to do some research. You can file it and see. If you can't, they'll sure complain about it.
[34:20.000 --> 34:25.000]  And then if they toss it out of the bankruptcy, then you just file it separate.
[34:25.000 --> 34:31.000]  But I'm relatively sure you can file this as an adversarial proceeding.
[34:31.000 --> 34:43.000]  And you don't have to pay a second time to be able to file. And the adversarial proceeding should stay the bankruptcy.
[34:43.000 --> 34:50.000]  You move the court to stay the bankruptcy until the adversarial proceeding can be completed.
[34:50.000 --> 34:54.000]  So you may buy more time that way.
[34:54.000 --> 35:05.000]  Okay. Whether or not I can do that declaratory judgment as an adversarial, Randy, should I go ahead and take Wells Fargo off the list of creditors?
[35:05.000 --> 35:14.000]  Yes. No, no, no, no, not as creditors. Take them off the secured creditor side and put them on the unsecured side.
[35:14.000 --> 35:22.000]  Oh, I guess I have to go back and look at the documents. I had to turn in what was called a list of creditors.
[35:22.000 --> 35:30.000]  I put Wells Fargo down on that list of creditors, but I designated them as alleged and disputed.
[35:30.000 --> 35:36.000]  Well, that will probably do.
[35:36.000 --> 35:46.000]  Alleged and disputed. I'm not sure if that will work yet. They have to be noticed.
[35:46.000 --> 35:56.000]  Okay. And my producer says you can do that as an adversarial proceeding. So he's kind of researching for us in the background.
[35:56.000 --> 36:07.000]  So great. Okay. But in order to get Wells Fargo into the court, you probably did that exactly right.
[36:07.000 --> 36:16.000]  You listed them as disputed. I haven't done bankruptcy, so I don't know as well as some others.
[36:16.000 --> 36:28.000]  But as I recall, their claim goes on Schedule D as unsecured, and you challenge their claim altogether.
[36:28.000 --> 36:31.000]  So you've probably done it right.
[36:31.000 --> 36:33.000]  So far, huh? Okay.
[36:33.000 --> 36:39.000]  So far. And I'm not the bankruptcy guy, so I can't give the real details.
[36:39.000 --> 36:45.000]  Do you have a referral for bankruptcy, or you mentioned somebody?
[36:45.000 --> 36:50.000]  Yes. Send me an email. I will send it to David in Austin.
[36:50.000 --> 36:56.000]  Great. Okay. I'm going to have one more question about the bankruptcy and what's to follow.
[36:56.000 --> 37:02.000]  Since I was scheduled to be evicted tomorrow, I went and took a copy of the certificate of bankruptcy
[37:02.000 --> 37:10.000]  and put a notice into the foreclosure court, and then dropped a copy of that off to the magistrate.
[37:10.000 --> 37:15.000]  So there should be no way that the sheriff should show up tomorrow, right?
[37:15.000 --> 37:22.000]  He probably wouldn't show up anyway, but give him a notice.
[37:22.000 --> 37:27.000]  They'll generally tell you to be out by a certain day, but they generally don't show up that day.
[37:27.000 --> 37:32.000]  They schedule it. They just put it in their schedule.
[37:32.000 --> 37:37.000]  But you can call the sheriff in the morning and notify him that you have filed bankruptcy,
[37:37.000 --> 37:44.000]  and then bring a copy of the bankruptcy filing to him, and that will put a stop to that.
[37:44.000 --> 37:46.000]  Well, here's how it went down.
[37:46.000 --> 37:51.000]  When I filed bankruptcy yesterday, I went right from the bankruptcy court out to the state court
[37:51.000 --> 37:57.000]  in the notice of filing a bankruptcy along with a copy of the bankruptcy court's certificate
[37:57.000 --> 37:59.000]  into the notice file.
[37:59.000 --> 38:03.000]  Well, they won't necessarily notice the sheriff.
[38:03.000 --> 38:10.000]  So the sheriff may show up on your porch, but if he does, you wave the bankruptcy ad in and he'll go away.
[38:10.000 --> 38:17.000]  Yeah. I went to the sheriff's office before filing, and they said to go see the court clerk and the magistrate.
[38:17.000 --> 38:19.000]  So that's how that went.
[38:19.000 --> 38:22.000]  Oh, okay. So you should be in good shape.
[38:22.000 --> 38:26.000]  Okay. All right. All right. I appreciate your time, sir.
[38:26.000 --> 38:31.000]  Okay. Thank you. Okay. Now we're going to go to Danny in Tennessee.
[38:31.000 --> 38:34.000]  Hello, Danny. It's been a while.
[38:34.000 --> 38:40.000]  Yeah, it has. I just had an idea bubble up in my head, and I thought somebody maybe could use it.
[38:40.000 --> 38:53.000]  And so I just wanted to pass it on to you, and you can maybe get it to some others like Sean on the other show, the vaccine show.
[38:53.000 --> 38:54.000]  Yeah.
[38:54.000 --> 39:02.000]  And I just got thinking about the way that these vaccine manufacturers are being treated,
[39:02.000 --> 39:08.000]  that the way I understand the story back in the 80s or 70s, they're starting to get sued so much.
[39:08.000 --> 39:16.000]  They were going to get out of doing that if they didn't have some protection, so the government giving them protection.
[39:16.000 --> 39:26.000]  So now most everything coming out to be, you know, vaccines as much as they can declare something be a vaccine and take that kind of protection.
[39:26.000 --> 39:40.000]  So it seemed that doing this, they're implementing a government policy, and you can't regulate them through the market by suing them.
[39:40.000 --> 39:53.000]  So you're suing the government, and the government's involved on that part, and that they are effectively an agency of the government and subject to FOIA.
[39:53.000 --> 40:02.000]  And then start hitting them with FOIA requests for all these research records that they wouldn't want to be getting out.
[40:02.000 --> 40:18.000]  Well, generally, any highly regulated and controlled company tends to be subject to FOIA.
[40:18.000 --> 40:20.000]  No, I didn't know that before.
[40:20.000 --> 40:25.000]  Yeah, so like insurance companies and such, they're subject to it.
[40:25.000 --> 40:29.000]  Well, one on a limited basis.
[40:29.000 --> 40:40.000]  So Sean might be a good place to bring this to, because that might be a good way to go after them.
[40:40.000 --> 40:49.000]  I'm not very up on the issue of vaccines.
[40:49.000 --> 40:54.000]  So Sean would be the right one to take it to.
[40:54.000 --> 40:56.000]  Okay, well, I'll see if I can't catch him on a Sunday.
[40:56.000 --> 41:02.000]  I was looking today, but he wasn't live today, so.
[41:02.000 --> 41:07.000]  Okay, well, fortunately, I'm live today.
[41:07.000 --> 41:19.000]  Apparently, the wife has had me working, so I'm too fat known to work hard.
[41:19.000 --> 41:23.000]  Give Sean a ring on his show Sunday.
[41:23.000 --> 41:32.000]  I think that's when he airs. If he was played today, it was an archive.
[41:32.000 --> 41:36.000]  Yeah, on the schedule, I think it says it's live, but it wasn't.
[41:36.000 --> 41:39.000]  Oh, okay.
[41:39.000 --> 41:46.000]  Well, I don't know how the producers handle that.
[41:46.000 --> 41:52.000]  I have been ordered to stay out of that part of things, and I do.
[41:52.000 --> 41:57.000]  Okay, well, I just thought I'd pass it on.
[41:57.000 --> 42:00.000]  Maybe somebody could do something with it.
[42:00.000 --> 42:02.000]  Okay, thank you, Danny.
[42:02.000 --> 42:04.000]  Okay, bye.
[42:04.000 --> 42:06.000]  Bye.
[42:06.000 --> 42:08.000]  Okay, now we're going to Rob in New Mexico.
[42:08.000 --> 42:10.000]  Hello, Rob.
[42:10.000 --> 42:12.000]  Hi, Randy.
[42:12.000 --> 42:14.000]  I subscribe to the Michael Badnerick School of Vaccination.
[42:14.000 --> 42:19.000]  I don't want to have a beer with Oliver and Georgia.
[42:19.000 --> 42:21.000]  Wait, you're getting a ringing in the background.
[42:21.000 --> 42:23.000]  I couldn't quite understand you.
[42:23.000 --> 42:25.000]  No, that would be the reaper.
[42:25.000 --> 42:27.000]  I apologize for all the noise back there.
[42:27.000 --> 42:30.000]  It's freezing chickens.
[42:30.000 --> 42:34.000]  I subscribe to the Michael Badnerick School of Vaccination,
[42:34.000 --> 42:38.000]  and I want to have a beer with Oliver and Georgia.
[42:38.000 --> 42:46.000]  Yeah, I'm familiar with Michael's, his school of vaccination.
[42:46.000 --> 42:49.000]  You bring your needle, I'll bring my 45.
[42:49.000 --> 42:52.000]  We'll see who makes the bigger hole.
[42:52.000 --> 42:55.000]  Exactly, exactly.
[42:55.000 --> 43:00.000]  So, Oliver's creating a tar baby that's supposed to get them
[43:00.000 --> 43:05.000]  to leave us alone and stop making stupid mistakes.
[43:05.000 --> 43:08.000]  I think it just blew up in their face.
[43:08.000 --> 43:10.000]  Well, wait a minute.
[43:10.000 --> 43:16.000]  I never said it would keep them from making stupid mistakes.
[43:16.000 --> 43:20.000]  You know, I've got this suit against the seller
[43:20.000 --> 43:23.000]  and the escrow company and the broker
[43:23.000 --> 43:25.000]  that is the son of the seller,
[43:25.000 --> 43:28.000]  and the seller is also the co-owner
[43:28.000 --> 43:33.000]  of the real estate company of the broker, right?
[43:33.000 --> 43:37.000]  So it sounds like it's all tied together, yes.
[43:37.000 --> 43:43.000]  Yeah, and so I put in a request for all real estate contracts,
[43:43.000 --> 43:46.000]  warranty deeds, and special warranty deeds
[43:46.000 --> 43:49.000]  in the name of the seller in my distribution.
[43:49.000 --> 43:51.000]  Okay, okay, hold on.
[43:51.000 --> 43:54.000]  We're about to go to break.
[43:54.000 --> 43:57.000]  We'll be right back.
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[46:02.000 --> 46:26.000]  MUSIC
[46:26.000 --> 46:28.000]  Okay, we are back.
[46:28.000 --> 46:34.000]  Randy Kelton, Vet Pack, Rule Law Radio, and we're talking to Rob in New Mexico.
[46:34.000 --> 46:35.000]  Okay, Rob.
[46:35.000 --> 46:36.000]  Okay.
[46:36.000 --> 46:42.000]  So I asked the seller defendants for all of the real estate contracts
[46:42.000 --> 46:48.000]  and their name, all of the warranty deeds distributing property
[46:48.000 --> 46:51.000]  from them to their customers,
[46:51.000 --> 46:54.000]  and all the special warranty deeds conveying property back to them
[46:54.000 --> 46:57.000]  from failed real estate contracts.
[46:57.000 --> 47:00.000]  Their attorney declined to produce that,
[47:00.000 --> 47:04.000]  stating that it was a privilege to stay confidential and yadda, yadda, yadda,
[47:04.000 --> 47:08.000]  which is ridiculous because it's all public records.
[47:08.000 --> 47:12.000]  Real estate contracts are required to be filed in public records
[47:12.000 --> 47:15.000]  because there are warranty deeds and special warranty deeds.
[47:15.000 --> 47:18.000]  So I'm putting together a motion to compel,
[47:18.000 --> 47:20.000]  but I figured in the meantime,
[47:20.000 --> 47:25.000]  why not just send that to the county clerk since it's all public records, right?
[47:25.000 --> 47:27.000]  No problem.
[47:27.000 --> 47:31.000]  And they require another statute to be filed by name.
[47:31.000 --> 47:33.000]  So it shouldn't be a problem, right?
[47:33.000 --> 47:36.000]  Okay, well what they're going to tell you is,
[47:36.000 --> 47:41.000]  and if the lawyer objected what he, the objection he should have brought was,
[47:41.000 --> 47:45.000]  is that you have equal access to the records.
[47:45.000 --> 47:47.000]  He didn't object because of that.
[47:47.000 --> 47:50.000]  He objected because of the confidentiality.
[47:50.000 --> 47:55.000]  He's a stupid lawyer.
[47:55.000 --> 47:58.000]  Well, okay, maybe I do understand why he said that
[47:58.000 --> 48:03.000]  because he may have some real estate contracts that are private,
[48:03.000 --> 48:08.000]  that don't necessarily go to the purchase or transfer of real estate
[48:08.000 --> 48:16.000]  unless your information request was very specific to deeds of trust,
[48:16.000 --> 48:23.000]  then he would have contracts that would be proprietary.
[48:23.000 --> 48:27.000]  Well, this is where it gets funny because, you know,
[48:27.000 --> 48:33.000]  I'm working on a motion 37 or a rule 37 motion to compel,
[48:33.000 --> 48:38.000]  but in the meantime I asked the county clerk for the same information
[48:38.000 --> 48:40.000]  because it's public.
[48:40.000 --> 48:44.000]  And what I got back instead of a letter from the county clerk
[48:44.000 --> 48:50.000]  coming in and hollering about, you know, limits to scope or whatever,
[48:50.000 --> 48:54.000]  I got a letter from a lawyer.
[48:54.000 --> 48:59.000]  Let me read it to you.
[48:59.000 --> 49:10.000]  This office represents the county in that capacity.
[49:10.000 --> 49:17.000]  We have been asked to respond to this public records request.
[49:17.000 --> 49:23.000]  You requested real estate records related to a specific party.
[49:23.000 --> 49:27.000]  The county clerk's office maintains all real estate records,
[49:27.000 --> 49:31.000]  but not in a format which you have requested.
[49:31.000 --> 49:34.000]  However, you are welcome to come down to the county clerk's office
[49:34.000 --> 49:37.000]  and look for the records yourself.
[49:37.000 --> 49:41.000]  Now, why would the county clerk immediately deliver
[49:41.000 --> 49:47.000]  a public information records request to an attorney?
[49:47.000 --> 49:52.000]  Pretty much that is standard practice.
[49:52.000 --> 49:54.000]  Is it?
[49:54.000 --> 49:58.000]  The clerk doesn't know anything about open records law.
[49:58.000 --> 50:00.000]  You know, every time I file an information request,
[50:00.000 --> 50:05.000]  they give it to the district attorney generally.
[50:05.000 --> 50:12.000]  And if it's a municipality, they give it to the city attorney.
[50:12.000 --> 50:17.000]  Well, this is a county clerk records request directed to it
[50:17.000 --> 50:21.000]  that's responded to by a private attorney.
[50:21.000 --> 50:24.000]  It's not the county attorney.
[50:24.000 --> 50:26.000]  This is actually...
[50:26.000 --> 50:28.000]  Okay, yeah, they can do that.
[50:28.000 --> 50:32.000]  They can hire a private counsel for certain purposes.
[50:32.000 --> 50:37.000]  In Texas, it's always the county attorney
[50:37.000 --> 50:41.000]  represents the county in any civil litigation.
[50:41.000 --> 50:45.000]  But that's not necessarily so in every state.
[50:45.000 --> 50:51.000]  Because this looks to me like misuse of public funds.
[50:51.000 --> 51:00.000]  Well, they may do that in order to free up the prosecutor for other duties.
[51:00.000 --> 51:03.000]  I can think of a number of reasons why they would do that.
[51:03.000 --> 51:09.000]  And certainly, as far as I can tell, they have a right to hire counsel.
[51:09.000 --> 51:13.000]  At least I know they certainly do in Texas.
[51:13.000 --> 51:15.000]  Okay.
[51:15.000 --> 51:18.000]  Just for a simple public record request?
[51:18.000 --> 51:19.000]  Yeah.
[51:19.000 --> 51:24.000]  Every information request I give, they send it to the prosecutor.
[51:24.000 --> 51:32.000]  I did one recently in Alan Ritchie's court on the south side of Fort Worth.
[51:32.000 --> 51:39.000]  And I handed the request to the clerk, and she was already a little upset with me.
[51:39.000 --> 51:42.000]  And she said, well, let's send this to our lawyer, to the district attorney,
[51:42.000 --> 51:45.000]  and see what he has to say.
[51:45.000 --> 51:48.000]  And I said, ma'am, you can send that to anybody you want to,
[51:48.000 --> 51:53.000]  but you need to understand on the 16th day after giving this to you,
[51:53.000 --> 51:57.000]  I will be back here seeking those records.
[51:57.000 --> 52:02.000]  And if you have not provided the records, I will not be reasonable.
[52:02.000 --> 52:05.000]  I will not be understanding.
[52:05.000 --> 52:11.000]  I will file criminal charges against this judge who is extolled into the record.
[52:11.000 --> 52:14.000]  Do I make myself clear?
[52:14.000 --> 52:16.000]  She stood there a minute, grinding her teeth.
[52:16.000 --> 52:19.000]  Yes, Mr. Kelton, you make yourself clear.
[52:19.000 --> 52:21.000]  Starned away.
[52:21.000 --> 52:25.000]  Oh, that was fun.
[52:25.000 --> 52:27.000]  But that's my position.
[52:27.000 --> 52:29.000]  You can give it to a lawyer if you want to,
[52:29.000 --> 52:32.000]  but if the lawyer doesn't respond in time,
[52:32.000 --> 52:36.000]  I'm going to come back and charge you, not the lawyer.
[52:36.000 --> 52:39.000]  Well, the response was timely.
[52:39.000 --> 52:42.000]  It's just non-responsive.
[52:42.000 --> 52:46.000]  The statute requires that the records be filed by the name of the person
[52:46.000 --> 52:48.000]  whose property is affected.
[52:48.000 --> 52:56.000]  Okay, the record, the clerk is required to keep a repository of those records.
[52:56.000 --> 53:04.000]  She is not required to pull records for you.
[53:04.000 --> 53:09.000]  She's required to keep the records where you can go look at them yourself,
[53:09.000 --> 53:12.000]  and that's the way it should be.
[53:12.000 --> 53:15.000]  Because when I go look at records,
[53:15.000 --> 53:19.000]  I don't want the clerk knowing what I'm looking for.
[53:19.000 --> 53:22.000]  Okay.
[53:22.000 --> 53:25.000]  What I'm looking for is my business, not her business.
[53:25.000 --> 53:32.000]  And in Texas law, the statute says that the custodian of the record
[53:32.000 --> 53:36.000]  may make no inquiry of the requester
[53:36.000 --> 53:41.000]  other than to determine his identity and the records sought.
[53:41.000 --> 53:46.000]  So they're not to know why I want these records.
[53:46.000 --> 53:51.000]  And I go to great lengths to make sure they don't know why I want these records,
[53:51.000 --> 53:56.000]  because generally when I ask for records, I ask for more than what I need.
[53:56.000 --> 54:03.000]  And I try to ask for them in a way that will mask what I'm really looking for.
[54:03.000 --> 54:08.000]  And sometimes I ask for stuff I don't care about just to get them curious
[54:08.000 --> 54:11.000]  or to send them in the wrong direction,
[54:11.000 --> 54:14.000]  and very often they get curious and ask me why I want to see them,
[54:14.000 --> 54:19.000]  and that always gets a 911 call.
[54:19.000 --> 54:22.000]  Just for yucks.
[54:22.000 --> 54:28.000]  So they don't have any duty to provide a list of records by name
[54:28.000 --> 54:31.000]  even though the records are required to be filed by name?
[54:31.000 --> 54:33.000]  No, they don't have a duty.
[54:33.000 --> 54:36.000]  You can go down and find this information yourself,
[54:36.000 --> 54:39.000]  so they don't have a requirement to get it for you.
[54:39.000 --> 54:41.000]  Okay.
[54:41.000 --> 54:48.000]  Now, the next thing is I had a presentment hearing on Monday
[54:48.000 --> 54:55.000]  for a order on a motion for 12B6.
[54:55.000 --> 55:05.000]  The defendant in the motion completely misrepresented in the statement's facts in my claim
[55:05.000 --> 55:10.000]  and basically filed a motion for summary judgment that didn't meet the requirements.
[55:10.000 --> 55:13.000]  The judge agreed with that during the hearing
[55:13.000 --> 55:17.000]  that it was essentially a motion for summary judgment that didn't meet the requirements
[55:17.000 --> 55:21.000]  and that the defendant would be better off filing a motion for summary judgment.
[55:21.000 --> 55:25.000]  Instead of filing a motion for summary judgment,
[55:25.000 --> 55:32.000]  the defendant filed an order claiming that they lost on yada yada yada yada yada yada,
[55:32.000 --> 55:38.000]  but one on no claims regarding a trust.
[55:38.000 --> 55:44.000]  Now, there's nothing in my complaint relating to a trust,
[55:44.000 --> 55:47.000]  but there's nothing in their motion relating to a trust,
[55:47.000 --> 55:53.000]  and the only statements relating to a trust in the motion hearing
[55:53.000 --> 56:00.000]  were regarding the subsequent escrow servicer, which is a trust company.
[56:00.000 --> 56:02.000]  So I objected to that.
[56:02.000 --> 56:05.000]  We had a motion for presentment,
[56:05.000 --> 56:14.000]  and the judge agreed with the defendant that their order reflected his ruling.
[56:14.000 --> 56:23.000]  Now, in amongst their conclusions was that there was no violations of the Enter Practices Act,
[56:23.000 --> 56:27.000]  but the specific things that the judge did allow in the order
[56:27.000 --> 56:30.000]  went to unconscionable trade practices,
[56:30.000 --> 56:36.000]  which seems to me were very unfair practices to that.
[56:36.000 --> 56:39.000]  Am I wrong on that?
[56:39.000 --> 56:40.000]  I don't know.
[56:40.000 --> 56:49.000]  I have not having seen the order or the facts on which the judge made the ruling,
[56:49.000 --> 56:52.000]  it would be hard for me to speculate.
[56:52.000 --> 57:00.000]  Okay. If I show up there at 7 o'clock in the morning, will your wife shoot me?
[57:00.000 --> 57:06.000]  No. Actually, she would probably just be getting home from work.
[57:06.000 --> 57:12.000]  I'm about half an hour from you right now, and I'm out of hours until 6.30.
[57:12.000 --> 57:15.000]  Can I buy you coffee in the morning?
[57:15.000 --> 57:18.000]  Yeah, we might be able to do that.
[57:18.000 --> 57:23.000]  Actually, I will probably be in Lake Worth in the morning with the wife.
[57:23.000 --> 57:25.000]  We have some...
[57:25.000 --> 57:27.000]  Oh, and I'm going to Southlake.
[57:27.000 --> 57:31.000]  Where are you at? I take it you're in the DFW area?
[57:31.000 --> 57:40.000]  Yeah, I'm around, what do you call it? Hold on, I'll tell you.
[57:40.000 --> 57:42.000]  I'm around Hazlitt.
[57:42.000 --> 57:46.000]  Oh, yeah, you're about 20 minutes away.
[57:46.000 --> 57:50.000]  Yeah, I might put those on 287.
[57:50.000 --> 57:57.000]  If you're going up 287 to 114, I'm six miles over, so you're not far from me.
[57:57.000 --> 58:02.000]  Yeah. Well, I'll look for you. If you're not around, you're safe.
[58:02.000 --> 58:05.000]  If you're there, I'll get you some coffee.
[58:05.000 --> 58:09.000]  Okay. Why don't you call me in the morning?
[58:09.000 --> 58:12.000]  Okay, thank you very much.
[58:12.000 --> 58:14.000]  Okay, thank you, Rob.
[58:14.000 --> 58:22.000]  Okay, now we're going to go to the infamous troublemaker, Mark from Wisconsin.
[58:22.000 --> 58:27.000]  Petal Mark, you've got 20 seconds.
[58:27.000 --> 58:32.000]  All right, you made a comment about...
[58:32.000 --> 58:36.000]  Time's up, we've got to go to break, hang on.
[58:36.000 --> 58:50.000]  This is Ray DeKalb from VetPak, Luv La Radio, and we'll be right back.
[59:06.000 --> 59:13.000]  It's an accurate translation and it contains thousands of footnotes that will help you to know God and to know the meaning of life.
[59:13.000 --> 59:18.000]  The free books are a three-volume set called Basic Elements of the Christian Life.
[59:18.000 --> 59:27.000]  Chapter by chapter, Basic Elements of the Christian Life clearly presents God's plan of salvation, growing in Christ, and how to build up the church.
[59:27.000 --> 59:40.000]  To order your free New Testament Recovery Version and Basic Elements of the Christian Life, call Bibles for America toll-free at 888-551-0102.
[59:40.000 --> 59:49.000]  That's 888-551-0102. Or visit us online at bfa.org.
[59:49.000 --> 59:59.000]  You're listening to the Logos Radio Network at logosradionetwork.com.
[59:59.000 --> 01:00:22.000]  The following newsflash is brought to you by the Lone Star Lowdown, providing your deli bulletins for the commodities market. Today in history, news updates and the inside scoop into the tides of the alternative.
[01:00:22.000 --> 01:00:44.000]  Markets for Wednesday, July 20, 2016, are currently trading with gold at $1,318.42 an ounce, silver at $19.53 an ounce, Texas crude at $44.65 a barrel, and bitcoin is currently sitting at about 667 U.S. currency.
[01:00:44.000 --> 01:00:57.000]  Today in history, the year 1977, the Central Intelligence Agency releases 20,000 documents relating to Project MKUltra under the Freedom of Information Act, revealing that it engaged in mind control experiments.
[01:00:57.000 --> 01:01:18.000]  Today in history, in recent news, Reuters and several human rights organizations, including the Syrian Observatory for Human Rights, SOHR, and Amnesty International have reported that anywhere between 56 and 160 civilians, including at least 11 children, were killed in a U.S.-led airstrike in Syria yesterday.
[01:01:18.000 --> 01:01:38.000]  It appears the strike had apparently hit a school that was sheltering displaced people from Syria. SOHR is reporting that at least 167 civilians have been killed so far in the city of Manbij since May, when the U.S.-led coalition started their campaign in the area.
[01:01:38.000 --> 01:01:50.000]  Researchers have published a new map of the brain detailing nearly 100 previously unknown regions today. Matthew F. Glasser, a neuroscientist at Washington University School of Medicine and lead author of the new research, said that, quote,
[01:01:50.000 --> 01:02:15.000]  This map you should think of as a version 1.0. There may be a version 2.0 as the data gets better and more eyes look at the data. We hope the map can evolve as the science progresses. Three years ago, Dr. Glasser and his colleagues set out to create a new, much more detailed and precise map of the human brain using data collected by the Human Connectum Project, where 1,200 volunteers were studied with powerful new brain scanners.
[01:02:15.000 --> 01:02:38.000]  The project team recorded high-resolution images of each participant's brain and then recorded its activity during hours of tests on memory, language, and other kinds of thought. Scientists plan on using this new map to track the development of young brains and to look for changes caused by disorders like Alzheimer's and other neurological disorders.
[01:02:38.000 --> 01:02:54.000]  The Volstar Lowdown is still looking for sponsors. Should apply for a service you'd like to advertise with us, feel free to give me a call at 210-363-2257. This was Rick Brody with the Lowdown for July 20, 2016.
[01:03:08.000 --> 01:03:29.000]  Okay, we are back. Randy Kelton back through the radio and we're talking to Mark in Wisconsin. Okay, Mark, what have you been up to?
[01:03:29.000 --> 01:03:52.000]  Well, I was prompted to call because of something you just said this evening, notably, well-regulated industries have a FOIA of some kind. That interests me because I can think of a better, well, I shouldn't say better, I can't think of an industry that should be more regulated than lawyers.
[01:03:52.000 --> 01:04:10.000]  And I've been always trying to figure out a new way to ask questions of them that they're compelled to give me the answers. This FOIA idea is pretty interesting. So, can you explain more about that?
[01:04:10.000 --> 01:04:39.000]  Well, lawyers are licensed, they're licensed professionals. So, they're in a different situation. The kinds of businesses that are highly regulated, insurance companies, any company that enjoys a government regulated monopoly like the electric companies and gas companies, phone companies,
[01:04:39.000 --> 01:05:00.000]  all these guys are subject to information requests, but for certain aspects of their business. But as far as I know, lawyers, they pretty well wrap the laws up so they can stay pretty secret.
[01:05:00.000 --> 01:05:22.000]  They go to great trouble to hide what they do from us. And speaking of lawyers, I'm looking at putting together a service for the purpose of auditing court cases.
[01:05:22.000 --> 01:05:47.000]  Look at the case. I had somebody hire me to go to Waco and look at the company that started buying your whole life policies, your life insurance policies. They would buy it from you and then they'd pay you so much a month as long as you lived.
[01:05:47.000 --> 01:06:04.000]  And then when you passed away, they got the premium on the insurance policy. Well, the insurance companies went berserk because most of the people who buy life insurance, when they get older, their funds decrease and they wind up dropping the life insurance.
[01:06:04.000 --> 01:06:23.000]  So they never have to pay off the premium. Well, with this guy buying them, they'd always have to pay it off. So the insurance companies went after him. And one of his employees listened to me on a regular basis and got him to have me come down there and look over what was going on.
[01:06:23.000 --> 01:06:40.000]  I told them your lawyers are screwing you big time. The state of Texas went after him on an issue that was already adjudicated in his favor. So they had no subject matter jurisdiction.
[01:06:40.000 --> 01:06:47.000]  And one of the litigants filed a challenge to subject matter jurisdiction. He's the only one who got out of it.
[01:06:47.000 --> 01:07:04.000]  They put this guy out of business, almost put him in jail because his lawyers just screwed him. And I don't know how many cases I've looked at, looked at what the lawyer done and said, this is absolutely insane.
[01:07:04.000 --> 01:07:19.000]  So thinking of auditing court cases and then use the audit to write a malpractice suit.
[01:07:19.000 --> 01:07:46.000]  And where this came from is talking to someone and they're telling me about it was a family law case and how this lawyer screwed them and that lawyer screwed them. And it occurred to me, you know, when you go to a lawyer and you want to file a suit, the first thing the lawyer is going to do is look around for deep pockets.
[01:07:46.000 --> 01:07:51.000]  Who has deep pockets who's tied to the suit?
[01:07:51.000 --> 01:07:54.000]  Because this is how it works.
[01:07:54.000 --> 01:08:01.000]  Guy in New York has a restaurant in the basement of a nine story building.
[01:08:01.000 --> 01:08:05.000]  His stove goes out on a Sunday.
[01:08:05.000 --> 01:08:11.000]  He can't find a plumber so he calls his brother-in-law who's a plumber but not a master plumber.
[01:08:11.000 --> 01:08:14.000]  The brother-in-law comes over and fixes it.
[01:08:14.000 --> 01:08:20.000]  He calls the gas company and electric company and they come and look at it and they approve it.
[01:08:20.000 --> 01:08:26.000]  The whole place blows up the next day and kills 17 people.
[01:08:26.000 --> 01:08:38.000]  They sued the plumber but he didn't have anything to start with. They sued the restaurant owner, he lost everything in the fire. They sued the property owner, he lost everything in the fire.
[01:08:38.000 --> 01:08:47.000]  They sued the electric company, they sued the gas company. They named the electric company and gas company 1% responsible.
[01:08:47.000 --> 01:08:52.000]  But they had to pay the whole settlement or judgment.
[01:08:52.000 --> 01:09:03.000]  Whoever got the money pays with a group of litigants, whichever one has the money has to pay the judgment.
[01:09:03.000 --> 01:09:08.000]  And then it's up to him to get his money from the other litigants.
[01:09:08.000 --> 01:09:17.000]  So the lawyer is always looking for who has deep pockets and I'm thinking, heck, all these lawyers got errors in emissions.
[01:09:17.000 --> 01:09:23.000]  They're malpractice insurance. They got deep pockets.
[01:09:23.000 --> 01:09:30.000]  The lawyer throw you under the bus, sue him.
[01:09:30.000 --> 01:09:45.000]  So I'm looking at putting together a fill in the blank form based on the bar standards that I have converted into a questionnaire.
[01:09:45.000 --> 01:09:51.000]  And use the answers to write a lawsuit.
[01:09:51.000 --> 01:10:00.000]  So you go online, fill out the questionnaire and it spits you out a lawsuit against the lawyer.
[01:10:00.000 --> 01:10:03.000]  Does that sound like fun?
[01:10:03.000 --> 01:10:08.000]  I've actually been wanting to do this for a long time, but to create the form.
[01:10:08.000 --> 01:10:13.000]  But I haven't, you know, I hadn't thought about this too long ago.
[01:10:13.000 --> 01:10:24.000]  Doing audits of court cases. That should be of great value. All these people feel like they've been screwed by their lawyer.
[01:10:24.000 --> 01:10:35.000]  They need to get somebody like me or you or Ken Magnuson to go over the case and say they screwed up here, they screwed up here, they screwed up here.
[01:10:35.000 --> 01:10:43.000]  Now you get to go back to the lawyer with a claim against him.
[01:10:43.000 --> 01:10:51.000]  And then he has to notify his insurance carrier that you came to him with a claim against him or he's not insured.
[01:10:51.000 --> 01:11:04.000]  That might be the way we get our lawyers to start acting appropriately and doing what they're supposed to.
[01:11:04.000 --> 01:11:07.000]  What do you think, Mark?
[01:11:07.000 --> 01:11:10.000]  Well, I think it's not a bad business plan.
[01:11:10.000 --> 01:11:18.000]  I know that in my ongoing saga, which started my phone calls to you a few years ago,
[01:11:18.000 --> 01:11:25.000]  ultimately one of the business partners wasn't a business partner based on his bankruptcies.
[01:11:25.000 --> 01:11:32.000]  And that information I was able to point out to the people who were still business partners.
[01:11:32.000 --> 01:11:35.000]  Walked them through the code, walked them through the case.
[01:11:35.000 --> 01:11:41.000]  They thought about it for a few months, then called me up all apologetic that they were hiring a lawyer.
[01:11:41.000 --> 01:11:46.000]  I said, well, they're going to tell you the same thing I have, but you're going to pay a lot more.
[01:11:46.000 --> 01:11:49.000]  And the lawyer told them exactly the same thing.
[01:11:49.000 --> 01:12:01.000]  And that lawyer was a member of the law firm involved in one of the lawsuits and up and quit his law firm and his partnership to avoid the train wreck.
[01:12:01.000 --> 01:12:16.000]  And of course, the big law firm in this whole drama, they went ahead and advised against their own previous client.
[01:12:16.000 --> 01:12:20.000]  And then it charged somebody for 40 hours of time.
[01:12:20.000 --> 01:12:28.000]  And at the bottom of the bill, it said 50% discount because you're a frequent customer.
[01:12:28.000 --> 01:12:30.000]  Interesting.
[01:12:30.000 --> 01:12:44.000]  So auditing of these things is certainly, it appears they can't even screw their pants on straight as a profession.
[01:12:44.000 --> 01:12:47.000]  So, yeah, auditing would work.
[01:12:47.000 --> 01:12:52.000]  And it might be a good business model to even sue them.
[01:12:52.000 --> 01:12:57.000]  I know I'm here in Texas and in Texas, champer is legal.
[01:12:57.000 --> 01:13:00.000]  I don't know if it is in Wisconsin or not.
[01:13:00.000 --> 01:13:06.000]  Champerty is where you purchase someone else's claim.
[01:13:06.000 --> 01:13:10.000]  Then you can stand in their shoes and adjudicate their claim.
[01:13:10.000 --> 01:13:14.000]  Do you know if they can do that in Wisconsin?
[01:13:14.000 --> 01:13:18.000]  Well, now that brings up an interesting point.
[01:13:18.000 --> 01:13:23.000]  The last time I looked explicitly at Champerty, no, it was not.
[01:13:23.000 --> 01:13:27.000]  The governor changed the law on death collection.
[01:13:27.000 --> 01:13:34.000]  So if you have a valid debt to go for collection, you can stand in.
[01:13:34.000 --> 01:13:39.000]  And it's an attempt to get past the objections of the Michael Mears method.
[01:13:39.000 --> 01:13:43.000]  Now it's a fresh law, so there hasn't been adjudication.
[01:13:43.000 --> 01:13:53.000]  And I'm looking at buying up some debt just to go ahead and hammer a lawyer or two.
[01:13:53.000 --> 01:13:57.000]  Wait a minute, explain that.
[01:13:57.000 --> 01:13:58.000]  Okay.
[01:13:58.000 --> 01:14:05.000]  The reason that the debt exists and these court cases exist is because the big law firm went ahead
[01:14:05.000 --> 01:14:13.000]  and I believe Jeff Sedwick would say don't say fraud, just say false and misleading.
[01:14:13.000 --> 01:14:19.000]  So the big law firm had a whole bunch of false and misleading statements.
[01:14:19.000 --> 01:14:25.000]  Ultimately, and ultimately gave the person who ran away with the business,
[01:14:25.000 --> 01:14:28.000]  basically took it from the owners, changed the locks,
[01:14:28.000 --> 01:14:33.000]  and started putting the Daily Till in his own pocket.
[01:14:33.000 --> 01:14:37.000]  He got that advice from somewhere, I'm going to claim it's a big law firm,
[01:14:37.000 --> 01:14:46.000]  and they are the ones who now owe the debt.
[01:14:46.000 --> 01:14:54.000]  So they advised him to take an action, but I'm not sure.
[01:14:54.000 --> 01:14:56.000]  Yes.
[01:14:56.000 --> 01:15:02.000]  I'm still not sure whose debt.
[01:15:02.000 --> 01:15:14.000]  Again, there's a whole half a mile wide and a foot deep of wreckage this guy had left in the court system.
[01:15:14.000 --> 01:15:18.000]  So it's going to take a bit of time.
[01:15:18.000 --> 01:15:23.000]  What you're saying is the lawyers advised this person to take an action
[01:15:23.000 --> 01:15:30.000]  that served the lawyer's benefit in another circumstance.
[01:15:30.000 --> 01:15:34.000]  They collected fees, yes.
[01:15:34.000 --> 01:15:42.000]  In addition, had they not advised him to do what he did, these lawsuits wouldn't exist.
[01:15:42.000 --> 01:15:48.000]  That's fomenting litigation.
[01:15:48.000 --> 01:15:55.000]  So that'll get you a felony baritone charge in Texas.
[01:15:55.000 --> 01:16:00.000]  I'm not sure if it will get you anything in Wisconsin other than a pat on the head.
[01:16:00.000 --> 01:16:07.000]  I think Texas is the only state that has baritone laws.
[01:16:07.000 --> 01:16:15.000]  But if you actively, if you advise the client to take an action that results in a lawsuit,
[01:16:15.000 --> 01:16:18.000]  you represent the lawsuit, that's baritone.
[01:16:18.000 --> 01:16:25.000]  That's fomenting litigation and it's a felony in Texas.
[01:16:25.000 --> 01:16:28.000]  Should be in every state.
[01:16:28.000 --> 01:16:33.000]  Well, I'd have to dig around to find that in Wisconsin.
[01:16:33.000 --> 01:16:42.000]  Again, my purpose of my call was to follow up on that, follow up on that break.
[01:16:42.000 --> 01:16:47.000]  Information requests to lawyers, I don't think you'd get anywhere with that one.
[01:16:47.000 --> 01:16:52.000]  The good idea, I don't think that one will fly.
[01:16:52.000 --> 01:16:53.000]  All right.
[01:16:53.000 --> 01:16:54.000]  Thank you much, sir.
[01:16:54.000 --> 01:16:56.000]  You're a gentleman and a scholar.
[01:16:56.000 --> 01:16:57.000]  Okay.
[01:16:57.000 --> 01:17:00.000]  Thank you, Mark.
[01:17:00.000 --> 01:17:05.000]  Are you being harassed by debt collectors with phone calls, letters, or even lawsuits?
[01:17:05.000 --> 01:17:09.000]  Stop debt collectors now with the Michael Mears Proven Method.
[01:17:09.000 --> 01:17:14.000]  Michael Mears has won six cases in federal court against debt collectors and now you can win two.
[01:17:14.000 --> 01:17:20.000]  You'll get step-by-step instructions in plain English on how to win in court using federal civil rights statutes.
[01:17:20.000 --> 01:17:24.000]  What to do when contacted by phone, mail, or court summons.
[01:17:24.000 --> 01:17:26.000]  How to answer letters and phone calls.
[01:17:26.000 --> 01:17:29.000]  How to get debt collectors out of your credit report.
[01:17:29.000 --> 01:17:33.000]  How to turn the financial tables on them and make them pay you to go away.
[01:17:33.000 --> 01:17:38.000]  The Michael Mears Proven Method is the solution for how to stop debt collectors.
[01:17:38.000 --> 01:17:41.000]  Personal consultation is available as well.
[01:17:41.000 --> 01:17:46.000]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner.
[01:17:46.000 --> 01:17:49.000]  Or email michaelmears at yahoo.com.
[01:17:49.000 --> 01:17:51.000]  That's ruleoflawradio.com.
[01:17:51.000 --> 01:17:57.000]  Or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
[01:17:57.000 --> 01:18:01.000]  To learn how to stop debt collectors now.
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[01:19:07.000 --> 01:19:27.000]  Oh, come on.
[01:19:27.000 --> 01:19:29.000]  Okay, we are back.
[01:19:29.000 --> 01:19:34.000]  Randy Kelton, Vet Pack, Move Our Radio and we're going to David in South Dakota.
[01:19:34.000 --> 01:19:37.000]  Hello, David.
[01:19:37.000 --> 01:19:38.000]  Hello, Randy.
[01:19:38.000 --> 01:19:39.000]  How are you today?
[01:19:39.000 --> 01:19:40.000]  I am good.
[01:19:40.000 --> 01:19:43.000]  What do you have for us today?
[01:19:43.000 --> 01:19:52.000]  I've been listening off and on all night and I just had a question about the quiet title action.
[01:19:52.000 --> 01:20:01.000]  Do you have to prove your standing to file a quiet title action or do you have to have been informed?
[01:20:01.000 --> 01:20:05.000]  Okay, you do not have to be harmed.
[01:20:05.000 --> 01:20:09.000]  Quiet title does not go to harm at all.
[01:20:09.000 --> 01:20:10.000]  Okay.
[01:20:10.000 --> 01:20:15.000]  Quiet title goes to a declaration by the court.
[01:20:15.000 --> 01:20:24.000]  You're asking the court to rule on some specific point of law.
[01:20:24.000 --> 01:20:25.000]  All right.
[01:20:25.000 --> 01:20:26.000]  How about this?
[01:20:26.000 --> 01:20:30.000]  And I'm familiar with this because it happened to me.
[01:20:30.000 --> 01:20:36.000]  AmeriQuest went out of business, like several of them.
[01:20:36.000 --> 01:20:51.000]  And they passed the processing, the paperwork, at least four times before it ever ended up with Dorsey Bank.
[01:20:51.000 --> 01:20:57.000]  As several other people, you know, others went out of business.
[01:20:57.000 --> 01:21:10.000]  And let's say a man does his research and he goes in and he finds all the accounts that, say, AmeriQuest wrote in a certain number of years.
[01:21:10.000 --> 01:21:17.000]  And then he follows them through and sees if all the things happen to those accounts that like happened to me.
[01:21:17.000 --> 01:21:25.000]  And we find the loose end, like you were discussing with the third caller back, and then you file the quiet title.
[01:21:25.000 --> 01:21:31.000]  You could theoretically win that quiet title case and end up with that real property, right?
[01:21:31.000 --> 01:21:33.000]  Yes.
[01:21:33.000 --> 01:21:37.000]  Well, not from the quiet title case.
[01:21:37.000 --> 01:21:53.000]  But once you get the ruling in the quiet title case, then you can go back and nullify whatever document that was that the other party used to reach a judgment.
[01:21:53.000 --> 01:22:08.000]  And then whoever owns it has got to go back and file against the title company to pay you whatever the value of the property is because they don't really own it.
[01:22:08.000 --> 01:22:10.000]  Right.
[01:22:10.000 --> 01:22:21.000]  And that's where I was going to with this property that David Stockman, he's the trustee, sold at auction when he didn't have standing to do that.
[01:22:21.000 --> 01:22:34.000]  And one of the claims that we have developed, one of the techniques is to claim lack of subject matter jurisdiction and say Deutsche Bank,
[01:22:34.000 --> 01:22:49.000]  I would want to go to under 28 USC 2201, go to the federal court and say, based on the clear chain of title in the public record.
[01:22:49.000 --> 01:22:50.000]  Okay.
[01:22:50.000 --> 01:23:03.000]  Without regard to who may or may not have been at the time, the bona fide holder of the dead instrument.
[01:23:03.000 --> 01:23:04.000]  Okay.
[01:23:04.000 --> 01:23:25.000]  Because it was not properly filed with the county recorder, the document is void as to the holder and asked the court to rule that according to the laws of the state of Texas, this particular document is void as to the holder.
[01:23:25.000 --> 01:23:27.000]  That's all we want.
[01:23:27.000 --> 01:23:29.000]  The Declaration of Rights.
[01:23:29.000 --> 01:23:36.000]  So we're declaring the rights and it's void to the holder and then you go take it where?
[01:23:36.000 --> 01:23:37.000]  Okay.
[01:23:37.000 --> 01:23:40.000]  Once that's ruling, that's a final judgment.
[01:23:40.000 --> 01:23:42.000]  Okay.
[01:23:42.000 --> 01:23:46.000]  This res judicata cannot be revisited by another court.
[01:23:46.000 --> 01:23:55.000]  So now you go back to the state court and file a challenge subject matter jurisdiction to the original, for the original foreclosure.
[01:23:55.000 --> 01:24:12.000]  Okay. And then somebody's going to holler foul and bring in their title company immediately because they think that they're the real owner when in fact whoever they bought it from didn't have the right to sell it to them.
[01:24:12.000 --> 01:24:13.000]  Exactly.
[01:24:13.000 --> 01:24:18.000]  And the title company, I mean, guys, this is your job.
[01:24:18.000 --> 01:24:21.000]  Didn't you go look at the record?
[01:24:21.000 --> 01:24:25.000]  I mean, why do I have to tell you this problem is here?
[01:24:25.000 --> 01:24:31.000]  Yeah, I'm just a John Q. public walking, not even an attorney.
[01:24:31.000 --> 01:24:36.000]  And why do I have to tell you how to clear a title?
[01:24:36.000 --> 01:24:37.000]  Exactly.
[01:24:37.000 --> 01:24:40.000]  Do I have to quote 51901C to you?
[01:24:40.000 --> 01:24:44.000]  They should all have it memorized.
[01:24:44.000 --> 01:24:55.000]  Any document filed in the record for which there is no document granting the filer authority to file is presumed to be fraudulent.
[01:24:55.000 --> 01:25:01.000]  Special definition of fraudulent for this purpose.
[01:25:01.000 --> 01:25:05.000]  Weren't you guys aware of that?
[01:25:05.000 --> 01:25:08.000]  Didn't you see MERS filing for a dead guy?
[01:25:08.000 --> 01:25:12.000]  You kidding me?
[01:25:12.000 --> 01:25:14.000]  So, yeah, they would.
[01:25:14.000 --> 01:25:19.000]  Now, you as the the plaintiff, you wouldn't care about the title company.
[01:25:19.000 --> 01:25:22.000]  That's the buyer's problem.
[01:25:22.000 --> 01:25:28.000]  He has to deal with the title company and get them to pay him back once he pays you.
[01:25:28.000 --> 01:25:32.000]  Or actually, you know, I've been looking at this.
[01:25:32.000 --> 01:25:43.000]  We take the guy who bought the property and we sting him and immediately he's going to go back and sue the one he bought it from.
[01:25:43.000 --> 01:25:49.000]  But I'm going to end up with either his property or the value of his property in dollars.
[01:25:49.000 --> 01:25:50.000]  Exactly.
[01:25:50.000 --> 01:26:04.000]  If you can get that declaratory judgment, then you can go back and the one thing, you know, challenge subject matter jurisdiction can be filed at any time, no matter how remote in history.
[01:26:04.000 --> 01:26:05.000]  OK.
[01:26:05.000 --> 01:26:26.000]  So if you get this declaration that Deutsche Bank or whoever never had standing in the first place because the document they relied on is void, then you can go back with res judicata and overturned by filing a challenge.
[01:26:26.000 --> 01:26:33.000]  Subject matter jurisdiction saying these guys never had standing to invoke the subject matter jurisdiction of this court.
[01:26:33.000 --> 01:26:38.000]  So nothing this court did makes any difference.
[01:26:38.000 --> 01:26:41.000]  It's all a nullity.
[01:26:41.000 --> 01:26:42.000]  OK.
[01:26:42.000 --> 01:26:50.000]  And you do that about 10 times and pretty soon you got more money than you'll ever need the rest of your life.
[01:26:50.000 --> 01:26:51.000]  That would be nice.
[01:26:51.000 --> 01:26:55.000]  I would like to see more money than I'll ever need for the rest of my life.
[01:26:55.000 --> 01:27:00.000]  But the older I get, the less money that turns out to be.
[01:27:00.000 --> 01:27:03.000]  OK.
[01:27:03.000 --> 01:27:05.000]  Well, I want to get off of you here, Randy.
[01:27:05.000 --> 01:27:15.000]  I just had that call when I was listening to that guy said, well, heck, you don't have to have standing to go in there and file those lawsuits.
[01:27:15.000 --> 01:27:27.000]  Theoretically, every one of those properties where the guy, the original person went out of business or filed bankruptcy and it ended up with a trustee.
[01:27:27.000 --> 01:27:37.000]  Theoretically, all those properties have got great big holes where you can walk in and claim the property right there if you go through the proper procedure.
[01:27:37.000 --> 01:27:38.000]  Exactly.
[01:27:38.000 --> 01:27:41.000]  And it's kind of like playing chess.
[01:27:41.000 --> 01:27:46.000]  I consider the declaratory judgment as a pawn move.
[01:27:46.000 --> 01:27:47.000]  I got you.
[01:27:47.000 --> 01:27:51.000]  It's not attacking the foreclosure directly.
[01:27:51.000 --> 01:27:57.000]  It's attacking the underpinnings on which the foreclosure rests.
[01:27:57.000 --> 01:27:59.000]  Base, yeah.
[01:27:59.000 --> 01:28:03.000]  And I like subtle.
[01:28:03.000 --> 01:28:08.000]  I like it when it sneaks up behind you.
[01:28:08.000 --> 01:28:10.000]  And that's what this kind of thing is.
[01:28:10.000 --> 01:28:17.000]  I've been filing the quiet titles, but when I file a quiet title, they immediately remove it to the federal court.
[01:28:17.000 --> 01:28:28.000]  And the federal courts here in Fort Worth, if you're a pro se litigant, they will dismiss it with prejudice out of hand.
[01:28:28.000 --> 01:28:31.000]  Makes no difference what your claim is.
[01:28:31.000 --> 01:28:38.000]  I file a claim exactly on the state farm.
[01:28:38.000 --> 01:28:47.000]  And the judge dismissed my declaratory judgment suit because I didn't claim damages.
[01:28:47.000 --> 01:28:48.000]  Okay.
[01:28:48.000 --> 01:28:50.000]  Duh.
[01:28:50.000 --> 01:28:53.000]  It's a declaratory judgment suit.
[01:28:53.000 --> 01:28:55.000]  There are no damages.
[01:28:55.000 --> 01:28:57.000]  There are no damages, right?
[01:28:57.000 --> 01:29:06.000]  If I claim damages and they grant me damages, the court of appeals will overturn it.
[01:29:06.000 --> 01:29:08.000]  So this is a kind of...
[01:29:08.000 --> 01:29:18.000]  So what I'm trying to do, if you file in the federal court as the plaintiff, now you're in a somewhat different position.
[01:29:18.000 --> 01:29:24.000]  Now they don't get to dismiss quite so easily.
[01:29:24.000 --> 01:29:31.000]  And especially if you only have one singular, highly focused issue.
[01:29:31.000 --> 01:29:36.000]  So they don't have a way to dodge around it.
[01:29:36.000 --> 01:29:37.000]  Mm-hmm.
[01:29:37.000 --> 01:29:40.000]  That's what I'm working on.
[01:29:40.000 --> 01:29:43.000]  So MERS, it all goes back to MERS.
[01:29:43.000 --> 01:29:47.000]  MERS created all these big holes in these...
[01:29:47.000 --> 01:29:48.000]  Hang on, hang on.
[01:29:48.000 --> 01:29:50.000]  I'm about to go to break.
[01:29:50.000 --> 01:29:51.000]  We'll pick this up on the other side.
[01:29:51.000 --> 01:30:01.000]  Randy Kelton, BetPak, Bluebell Radio, we'll be right back.
[01:30:01.000 --> 01:30:02.000]  Pay attention.
[01:30:02.000 --> 01:30:06.000]  Attention deficit disorder is on the rise, affecting millions of Americans.
[01:30:06.000 --> 01:30:09.000]  Could the culprit be lurking in our cooking pans?
[01:30:09.000 --> 01:30:15.000]  I'm Dr. Catherine Albrecht, and I'll be back to explain how Teflon may play a role in ADD.
[01:30:15.000 --> 01:30:17.000]  Privacy is under attack.
[01:30:17.000 --> 01:30:20.000]  When you give up data about yourself, you'll never get it back again.
[01:30:20.000 --> 01:30:25.000]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:25.000 --> 01:30:30.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:30.000 --> 01:30:33.000]  Privacy, it's worth hanging on to.
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[01:30:43.000 --> 01:30:48.000]  Researchers at Syracuse University say the more Teflon chemicals in kids' bloodstreams,
[01:30:48.000 --> 01:30:50.000]  the worse their self-control.
[01:30:50.000 --> 01:30:56.000]  They had kids play a computer game that rewarded them if they could resist pressing the space bar for 20 seconds.
[01:30:56.000 --> 01:31:02.000]  Then they measured their blood levels for PFCs, perfluorochemicals, found in nonstick pans.
[01:31:02.000 --> 01:31:06.000]  They found the kids with poor impulse control had the highest levels.
[01:31:06.000 --> 01:31:11.000]  Scientists have also linked PFCs with neurological problems and delayed motor development.
[01:31:11.000 --> 01:31:13.000]  But despite the dangers of nonstick cookware,
[01:31:13.000 --> 01:31:18.000]  the New York Times says it still accounts for 70% of cookware sales.
[01:31:18.000 --> 01:31:23.000]  We may have to hit parents over the head with a frying pan to get their attention on this one.
[01:31:23.000 --> 01:31:31.000]  Hi, Dr. Catherine Albrecht. More news and information at CatherineAlbrecht.com.
[01:31:31.000 --> 01:31:36.000]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11.
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[01:33:41.000 --> 01:34:08.000]  Okay, we are back.
[01:34:08.000 --> 01:34:11.000]  We're in DeKalton, back with Louisville Radio.
[01:34:11.000 --> 01:34:14.000]  And we're talking to David in South Dakota.
[01:34:14.000 --> 01:34:26.000]  And we're talking about declaratory judgment and how to use declaratory judgment as a pawn move.
[01:34:26.000 --> 01:34:33.000]  And I've helped a lot of people file lawsuits and foreclosure issues.
[01:34:33.000 --> 01:34:43.000]  And I've been trying to find a way to set up the suit before we actually get there.
[01:34:43.000 --> 01:34:53.000]  And that's exactly what a well-crafted quiet title or a declaratory judgment suit can get you.
[01:34:53.000 --> 01:34:58.000]  But my problem is if you file it in the state, they'll remove it to the Fed.
[01:34:58.000 --> 01:35:04.000]  The last two, I filed a challenge subject matter jurisdiction and the judges just ignored it.
[01:35:04.000 --> 01:35:08.000]  So I'm filing, I've already filed criminal charter, which is against Judge McBride.
[01:35:08.000 --> 01:35:15.000]  I've got Judge O'Connor that I'm going to file against next because they want to dismiss.
[01:35:15.000 --> 01:35:20.000]  They are absolutely, if you are a pro se, they are going to dismiss your case.
[01:35:20.000 --> 01:35:23.000]  Legal, illegal, they're going to dismiss.
[01:35:23.000 --> 01:35:27.000]  And these two were grossly illegal.
[01:35:27.000 --> 01:35:30.000]  Okay. I cut you off there, David.
[01:35:30.000 --> 01:35:35.000]  No, you didn't cut me off at all.
[01:35:35.000 --> 01:35:46.000]  Okay. But the nice thing about subject matter jurisdiction challenges is even if the case is already adjudicated and over with,
[01:35:46.000 --> 01:36:01.000]  if the party, if the party never had standing, sufficient standing to invoke the subject matter jurisdiction to the court, you can challenge that at any time.
[01:36:01.000 --> 01:36:05.000]  Okay.
[01:36:05.000 --> 01:36:12.000]  So it would be a good way to get you back in court, especially if you had a property that was already been foreclosed on and somebody else bought it.
[01:36:12.000 --> 01:36:21.000]  Oh, yeah. And maybe tore down everything that was there before and rebuilt it three times more, bigger and better and more expensive.
[01:36:21.000 --> 01:36:25.000]  Now you're looking to take it away from them.
[01:36:25.000 --> 01:36:37.000]  You start with a $400,000 piece of property and end up with a $1.7 million property.
[01:36:37.000 --> 01:36:46.000]  And these guys are paying a lot of money to get you to go away and leave them alone.
[01:36:46.000 --> 01:36:54.000]  Okay. But it's the federal court that's not going to rule on it for a pro se, is what you're saying.
[01:36:54.000 --> 01:36:57.000]  That's been my experience.
[01:36:57.000 --> 01:37:01.000]  Well, Randy, you know there are some federal courts that have offices for pro se's,
[01:37:01.000 --> 01:37:09.000]  and they specifically appoint a person to help anyone that goes to that pro se office in that federal courthouse.
[01:37:09.000 --> 01:37:12.000]  Well, I've never run into that one.
[01:37:12.000 --> 01:37:28.000]  Well, we need to interview all the federal circuit courts and find out which ones have a pro se office and why some have them and some don't.
[01:37:28.000 --> 01:37:33.000]  I was looking at something on jurisdiction the other day where someone said,
[01:37:33.000 --> 01:37:37.000]  you don't want to file in federal court because it's so bad and it's so hard.
[01:37:37.000 --> 01:37:41.000]  And I disagreed with him, but I didn't have time to.
[01:37:41.000 --> 01:37:50.000]  Actually, federal court seems easier in one respect in that the judges never want to see you.
[01:37:50.000 --> 01:37:54.000]  Right. Right. They want to see your paper. They don't want to see you.
[01:37:54.000 --> 01:37:56.000]  Yeah. And that's the way I want to do it.
[01:37:56.000 --> 01:38:02.000]  If I file in a state court, I'm going to object to oral argument as being pro se.
[01:38:02.000 --> 01:38:07.000]  It would give the lawyer an unfair advantage.
[01:38:07.000 --> 01:38:10.000]  So I always file an objection to oral argument.
[01:38:10.000 --> 01:38:14.000]  And if I have to go to oral argument, I'm not going to do oral argument.
[01:38:14.000 --> 01:38:18.000]  I stand on my pleadings.
[01:38:18.000 --> 01:38:26.000]  The only reason they bring a pro se in for oral argument is to trick him into missing an objection
[01:38:26.000 --> 01:38:33.000]  or saying something in artfully so they can rule against him.
[01:38:33.000 --> 01:38:34.000]  Okay.
[01:38:34.000 --> 01:38:38.000]  Rule on my documents. I don't want to talk to you.
[01:38:38.000 --> 01:38:40.000]  That brings in another question.
[01:38:40.000 --> 01:38:46.000]  You can hire an attorney to represent you as an attorney or you can hire him to assist you
[01:38:46.000 --> 01:38:50.000]  where he doesn't have your power of attorney to represent you.
[01:38:50.000 --> 01:38:53.000]  Right. Where he's second seat.
[01:38:53.000 --> 01:38:55.000]  Yeah. He's always second seat.
[01:38:55.000 --> 01:39:01.000]  So when you really have to do something that you either don't want to do,
[01:39:01.000 --> 01:39:03.000]  you tell him the rules.
[01:39:03.000 --> 01:39:06.000]  If you don't do this, this is what's going to happen.
[01:39:06.000 --> 01:39:12.000]  Like you said, you make them put the fear of God in their heart.
[01:39:12.000 --> 01:39:17.000]  And then they tell the judge, hey, if we don't do it this way, he's going to do this for me
[01:39:17.000 --> 01:39:20.000]  and all kinds of bad things are going to happen.
[01:39:20.000 --> 01:39:25.000]  But the point is he's not really your attorney.
[01:39:25.000 --> 01:39:26.000]  Correct?
[01:39:26.000 --> 01:39:28.000]  He's your counsel.
[01:39:28.000 --> 01:39:33.000]  He's only your counsel, but he can stand up there and speak when you tell him to
[01:39:33.000 --> 01:39:36.000]  if he's a better speaker than you are.
[01:39:36.000 --> 01:39:44.000]  If I hire an attorney and the judge wants to tell me that since I have an attorney,
[01:39:44.000 --> 01:39:49.000]  I can't do anything horse manure, show me that in law.
[01:39:49.000 --> 01:39:52.000]  Did you guys just make that up?
[01:39:52.000 --> 01:39:54.000]  I'm following you.
[01:39:54.000 --> 01:39:58.000]  I haven't seen that in law anywhere.
[01:39:58.000 --> 01:40:01.000]  This is just what they want to do.
[01:40:01.000 --> 01:40:02.000]  Yeah.
[01:40:02.000 --> 01:40:06.000]  They want you to believe that law.
[01:40:06.000 --> 01:40:12.000]  When I was young and in my prime, attorneys lied to me so much
[01:40:12.000 --> 01:40:14.000]  and I believed them because they were attorneys.
[01:40:14.000 --> 01:40:19.000]  Then I found out that when they open their mouth, it's a lie.
[01:40:19.000 --> 01:40:24.000]  It's either it's a lie, they either know it's a lie or don't know it's a lie.
[01:40:24.000 --> 01:40:27.000]  Most of the time they probably don't know
[01:40:27.000 --> 01:40:33.000]  because I'm amazed at how much of lawyers don't know.
[01:40:33.000 --> 01:40:35.000]  Yeah.
[01:40:35.000 --> 01:40:37.000]  It's frustrating.
[01:40:37.000 --> 01:40:42.000]  I've come to some conclusions about lawyers.
[01:40:42.000 --> 01:40:46.000]  The only thing the lawyer wants is your retainer.
[01:40:46.000 --> 01:40:50.000]  He's going to feed you song and dance and seltzer down your pants
[01:40:50.000 --> 01:40:56.000]  and tell you, oh yeah, you got a case, we can win this case, blah, blah, blah.
[01:40:56.000 --> 01:41:00.000]  All he's trying to do is get your retainer.
[01:41:00.000 --> 01:41:06.000]  Once he's got your retainer, he's going to start this flurry of BS motions
[01:41:06.000 --> 01:41:09.000]  that he files in every case.
[01:41:09.000 --> 01:41:14.000]  The counsel on the other side is going to file responses that he files in every case
[01:41:14.000 --> 01:41:21.000]  until they can fill up a ledger and bill out your retainer.
[01:41:21.000 --> 01:41:26.000]  They go to their file and pull out this motion already filled out.
[01:41:26.000 --> 01:41:29.000]  All they've got to do is put your name on it, send it in,
[01:41:29.000 --> 01:41:33.000]  charge you 500 bucks for producing the motion.
[01:41:33.000 --> 01:41:40.000]  Once they have your retainer swallowed, now they want to get rid of you
[01:41:40.000 --> 01:41:44.000]  because from this point, they'll actually have to be a lawyer.
[01:41:44.000 --> 01:41:47.000]  They have to actually do their job.
[01:41:47.000 --> 01:41:53.000]  So now their tune changes dramatically.
[01:41:53.000 --> 01:41:57.000]  Oh, well, this turned out to be harder than we thought.
[01:41:57.000 --> 01:41:59.000]  There are other issues.
[01:41:59.000 --> 01:42:03.000]  You may not have a case, blah, blah, blah.
[01:42:03.000 --> 01:42:07.000]  Because they don't really want another retainer.
[01:42:07.000 --> 01:42:10.000]  They'll tell you they want a humongous retainer
[01:42:10.000 --> 01:42:15.000]  because they try to pick a retainer amount that's more than they believe you can afford
[01:42:15.000 --> 01:42:22.000]  because they don't want to get in a position to where you expect them to do their job.
[01:42:22.000 --> 01:42:27.000]  They want to go out and get another retainer instead.
[01:42:27.000 --> 01:42:32.000]  They want someone that has no experience dealing with them.
[01:42:32.000 --> 01:42:35.000]  Yeah, and lawyers are afraid of the judges,
[01:42:35.000 --> 01:42:42.000]  so they're not going to do anything that might possibly annoy the judge.
[01:42:42.000 --> 01:42:45.000]  And on the one hand, you can't blame them.
[01:42:45.000 --> 01:42:48.000]  I mean, they're in business to make money,
[01:42:48.000 --> 01:42:53.000]  and they've got to bring more clients before this judge.
[01:42:53.000 --> 01:42:59.000]  You screw the judge on this one, he's going to screw you on the next one, maybe the next ten.
[01:42:59.000 --> 01:43:02.000]  So what's the lawyer supposed to do?
[01:43:02.000 --> 01:43:08.000]  Well, you give the lawyer plausible deniability.
[01:43:08.000 --> 01:43:16.000]  And we're about to go to break, but I'd like to try to explain this as often as I can so it makes sense
[01:43:16.000 --> 01:43:25.000]  because it requires us getting over some notions of civility that we have.
[01:43:25.000 --> 01:43:32.000]  We think we have to get along with our lawyer, and he has to like us, or he's not going to do his job.
[01:43:32.000 --> 01:43:35.000]  Nonsense.
[01:43:35.000 --> 01:43:40.000]  Hang on, David, we're about to go to break.
[01:43:40.000 --> 01:43:46.000]  We'll pick this up on the other side, how to give your lawyer plausible deniability.
[01:43:46.000 --> 01:43:50.000]  Give him plausible deniability.
[01:43:50.000 --> 01:44:07.000]  Randy Kelvin, the fat pack, we'll be right back.
[01:44:20.000 --> 01:44:45.000]  We're about to go to break, but I'd like to explain this as often as I can so it makes sense because it requires us getting over some notions of civility that we have.
[01:44:45.000 --> 01:45:00.000]  We're about to go to break, but I'd like to explain this as often as I can so it makes sense because it requires us getting over some notions of civility that we have.
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[01:45:15.000 --> 01:45:22.000]  If you have a lawyer, know what your lawyer should be doing. If you don't have a lawyer, know what you should do for yourself.
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[01:46:17.000 --> 01:46:25.000]  Okay, we are back. Randy Kelton, Pat Goodwell Radio, and we're talking to David in South Dakota.
[01:46:25.000 --> 01:46:39.000]  Plausible deniability. There's something that is so much fun about that, and in order to be able to do it, we have to get over some notions of civility.
[01:46:39.000 --> 01:46:56.000]  We tend to think that we have to get along with the judge and our attorney if we're going to get a positive adjudication in our case.
[01:46:56.000 --> 01:47:04.000]  That is not true. You do not have to get along with either one of them.
[01:47:04.000 --> 01:47:13.000]  When you get along with them, they take advantage of you, so you've got to not get along with them to win the case.
[01:47:13.000 --> 01:47:22.000]  Exactly, and the best way to do it is tell your lawyer what he is to do.
[01:47:22.000 --> 01:47:28.000]  He's going to do this, I'm not going to do that, blah, blah, blah. Did you bar-grieve him immediately?
[01:47:28.000 --> 01:47:35.000]  Don't tell him you're going to bar-grieve him, just bar-grieve him. But go ahead and do it.
[01:47:35.000 --> 01:47:43.000]  Go ahead and do it, and he's going to get apoplexy, and then he's going to want to come and talk to you about it.
[01:47:43.000 --> 01:47:53.000]  You tell him, no, no, no, no, the State Bar Association forbids me to talk to you about this. All this needs to go through the bar.
[01:47:53.000 --> 01:48:01.000]  And the first thing he's going to do is file a motion to withdraw. And here's where the fun starts.
[01:48:01.000 --> 01:48:08.000]  You go in and you absolutely object to his withdrawal. We just had this in a bankruptcy case.
[01:48:08.000 --> 01:48:14.000]  And the judge says, well, Ms. Ortiz, if you can't get along, why do you want to keep him?
[01:48:14.000 --> 01:48:24.000]  He said, I paid him. He's under contract. The judge turned to the lawyer and said, sorry, counselor,
[01:48:24.000 --> 01:48:38.000]  you're going to have to work this out with your client. See, he can't allow the lawyer to withdraw unless you agreed to it.
[01:48:38.000 --> 01:48:44.000]  Otherwise, he's interfering with a private contract. Here's the client agreed to it.
[01:48:44.000 --> 01:48:49.000]  And we've got a Constitution that tells him you can't do that, Bubba.
[01:48:49.000 --> 01:48:59.000]  And we have never had one remove a lawyer when they objected to the withdrawal. When the client objected.
[01:48:59.000 --> 01:49:10.000]  When the client objects to it. So now the lawyer has got an unruly client. Now you bargrieve the lawyer on the other side.
[01:49:10.000 --> 01:49:13.000]  You file a judicial conduct complaint against the judge.
[01:49:13.000 --> 01:49:20.000]  And you'll have both of them hopping up and down, having a fit, calling this lawyer, wanting to know what's going on.
[01:49:20.000 --> 01:49:26.000]  And he's going to tell her, don't complain to me. She bargrieved me, too.
[01:49:26.000 --> 01:49:32.000]  Yeah, they're going to try to get your case solved and gone and out of their hair quick.
[01:49:32.000 --> 01:49:38.000]  Exactly. And that's how you give your lawyer plausible deniability.
[01:49:38.000 --> 01:49:45.000]  When the DPS knocked out one of my teeth at the Secretary of State's building after I called 911 on them,
[01:49:45.000 --> 01:49:53.000]  and then prosecuted me to cover up what they did, they appointed me counsel. I didn't ask them to.
[01:49:53.000 --> 01:49:58.000]  They just decided to appoint me counsel. The lawyer comes out.
[01:49:58.000 --> 01:50:04.000]  We go in this room and he starts this spiel about how things are going to go.
[01:50:04.000 --> 01:50:11.000]  And I said, let him run on for a while. And then I said, no, no, no, no, that's not how things are going to go.
[01:50:11.000 --> 01:50:14.000]  Well, Mr. Copeland, how are things going to go?
[01:50:14.000 --> 01:50:20.000]  So this is how they're going to go. You're going to go to the judge and ask the judge to remove you from this case.
[01:50:20.000 --> 01:50:24.000]  And I'm going to go to the judge and tell the judge, don't you dare remove him from this case.
[01:50:24.000 --> 01:50:28.000]  He's my counsel of choice and he's under contract.
[01:50:28.000 --> 01:50:33.000]  And the lawyer said, well, I'm not under contract with you, Mr. Copeland, I'm under contract with the state.
[01:50:33.000 --> 01:50:40.000]  Yes, you are. But I'm the intended third party beneficiary and I have standing under the contract.
[01:50:40.000 --> 01:50:47.000]  That kind of backed him up. And I said, and the judge is going to remove you from the case.
[01:50:47.000 --> 01:50:53.000]  And he said, yes, he will. Then I get to sue the judge for interfering with the private contract.
[01:50:53.000 --> 01:50:57.000]  And that's when the lawyer knew he had a problem.
[01:50:57.000 --> 01:51:02.000]  He sat back in his chair, looking at me and I know what he's thinking.
[01:51:02.000 --> 01:51:06.000]  He's going to get me disbarred.
[01:51:06.000 --> 01:51:13.000]  No, he was thinking that because he told me that 20 times if he told me at once.
[01:51:13.000 --> 01:51:21.000]  That we're in court, he's over by the bench with the prosecutor and I'm outside the bar.
[01:51:21.000 --> 01:51:25.000]  And my lawyer comes over to me and said, the prosecutor said she knows who you are.
[01:51:25.000 --> 01:51:30.000]  And if you start filing criminal charges, she's going to charge you with tampering the government document.
[01:51:30.000 --> 01:51:34.000]  Oh, she said that, didn't she? And I look right at her.
[01:51:34.000 --> 01:51:38.000]  I said, well, get her over here. And I pulled 30 of them out of my case.
[01:51:38.000 --> 01:51:46.000]  I got about 30 here. I need her to verify these in accordance with her duty under Article 2.06, Code of Criminal Procedure.
[01:51:46.000 --> 01:51:52.000]  And I pointed at her, you, come here. And she just kind of scooched back against the bench.
[01:51:52.000 --> 01:51:58.000]  Then I turned to my lawyer and I said, here, take him. He held up both hands with his palms out.
[01:51:58.000 --> 01:52:03.000]  I'm not going to touch him. I'm not going to touch him. Take him, you chicken.
[01:52:03.000 --> 01:52:13.000]  I did this right in front of the judge. So the judge knows this lawyer has an unruly client.
[01:52:13.000 --> 01:52:19.000]  David, have you heard my foresighted chessboard analogy?
[01:52:19.000 --> 01:52:24.000]  I heard it, but I don't remember. So tell me again.
[01:52:24.000 --> 01:52:30.000]  When you go to court, it's like you're sitting down at a foresighted chessboard.
[01:52:30.000 --> 01:52:35.000]  To your right is your lawyer with whom you have a relationship.
[01:52:35.000 --> 01:52:42.000]  To your left is opposing counsel with whom your lawyer has a relationship.
[01:52:42.000 --> 01:52:49.000]  Across from you is the judge with whom both lawyers have a relationship.
[01:52:49.000 --> 01:52:53.000]  You're the odd one out. If you're going to win this case,
[01:52:53.000 --> 01:53:01.000]  you've got to get into those relationships and manipulate them to your benefit.
[01:53:01.000 --> 01:53:07.000]  When I did that to my lawyer, I'm trying to get him to take these and he refuses.
[01:53:07.000 --> 01:53:16.000]  The judge picks up the gavel. Recess for lunch. I go to lunch.
[01:53:16.000 --> 01:53:24.000]  I just got my burrito and my lawyer calls me. They dismiss the case.
[01:53:24.000 --> 01:53:31.000]  Dismiss the case to protect my lawyer from me.
[01:53:31.000 --> 01:53:36.000]  They all have their nose snouts in the same trough.
[01:53:36.000 --> 01:53:41.000]  What they say out on the farm is more than one way to skin a cat.
[01:53:41.000 --> 01:53:44.000]  There's more than one way to win a lawsuit too.
[01:53:44.000 --> 01:53:49.000]  Exactly. Once your lawyer has plausible deniability,
[01:53:49.000 --> 01:53:56.000]  now he's in a position to where he can actually work for you.
[01:53:56.000 --> 01:53:59.000]  Lawyers are terrified of judges.
[01:53:59.000 --> 01:54:03.000]  They don't want to do anything that might annoy the judge.
[01:54:03.000 --> 01:54:07.000]  Well, first thing I want to do is annoy the judge.
[01:54:07.000 --> 01:54:18.000]  You want to give your attorney plausible deniability so he can actually work for you.
[01:54:18.000 --> 01:54:25.000]  Exactly. Now he can go and use his relationships to your benefit.
[01:54:25.000 --> 01:54:29.000]  The judge, I don't care if the judge is upset at me.
[01:54:29.000 --> 01:54:31.000]  Don't bother me a bit.
[01:54:31.000 --> 01:54:38.000]  We have this notion that in order for people to do what we want, they have to like us or be happy with us.
[01:54:38.000 --> 01:54:46.000]  Nonsense. Sometimes it works a lot better if they don't like you.
[01:54:46.000 --> 01:54:52.000]  It works a lot better if they think you are such a pain in the rear.
[01:54:52.000 --> 01:54:57.000]  You're going to give them so much misery. I want him out of here.
[01:54:57.000 --> 01:55:06.000]  The rule of law is not built on who likes who or how much he likes somebody.
[01:55:06.000 --> 01:55:12.000]  It's built on straight down the middle of the road without likes attached to it.
[01:55:12.000 --> 01:55:19.000]  Exactly. It kind of goes to the notion that a lot of people have about judges,
[01:55:19.000 --> 01:55:26.000]  that the judge is there to find a just adjudication of the case.
[01:55:26.000 --> 01:55:30.000]  He is there to do no such thing.
[01:55:30.000 --> 01:55:37.000]  I do not want my judge sitting up there trying to determine what is just.
[01:55:37.000 --> 01:55:42.000]  I want my judge determining the facts in accordance with rules of evidence,
[01:55:42.000 --> 01:55:45.000]  then apply the law as it comes to him to the facts in the case.
[01:55:45.000 --> 01:55:53.000]  If he's got another agenda, if he thinks his version of justice is better than the legislature's,
[01:55:53.000 --> 01:56:00.000]  I want him off that bench. It's the legislator's place to create justice.
[01:56:00.000 --> 01:56:07.000]  If the laws they write don't produce just outcomes, they need to change those laws.
[01:56:07.000 --> 01:56:18.000]  But I certainly don't want the judge to enforce the law the way he pleases toward his concept of justice.
[01:56:18.000 --> 01:56:25.000]  Heck with that. That's common law.
[01:56:25.000 --> 01:56:31.000]  The Republic of Texas, they want to reassert the common laws. Are you kidding me?
[01:56:31.000 --> 01:56:36.000]  I don't want a judge up there that can do anything he wants to.
[01:56:36.000 --> 01:56:43.000]  I want a judge bound very tightly to statute.
[01:56:43.000 --> 01:56:46.000]  And whether he likes me or not, who cares?
[01:56:46.000 --> 01:56:49.000]  I'll do just a kind of complaint him in a heartbeat.
[01:56:49.000 --> 01:56:55.000]  I get one loud cross, disrespectful word out of him.
[01:56:55.000 --> 01:56:59.000]  I'd be calling 911 or asking the bailiff to arrest him.
[01:56:59.000 --> 01:57:04.000]  See, you want to play hardball? I'll show you hardball.
[01:57:04.000 --> 01:57:09.000]  And I'm not going to threaten the judge. Oh, I'll sue you. I'll ruin your career.
[01:57:09.000 --> 01:57:12.000]  I'll just sue him.
[01:57:12.000 --> 01:57:16.000]  I'm not going to tell him I'm going to file a judicial conduct complaint.
[01:57:16.000 --> 01:57:20.000]  The only way he's going to know is when the state commission calls him.
[01:57:20.000 --> 01:57:22.000]  Yeah, when they call him.
[01:57:22.000 --> 01:57:25.000]  Bushwhack is so much more fun.
[01:57:25.000 --> 01:57:28.000]  You don't get that immediate gratification.
[01:57:28.000 --> 01:57:33.000]  You know, we want to get in their face and read them the right act
[01:57:33.000 --> 01:57:39.000]  and tell them how the cow ate the cabbage and various and sundry other clichés.
[01:57:39.000 --> 01:57:43.000]  It's much better if we don't do that.
[01:57:43.000 --> 01:57:46.000]  Don't give them a clue.
[01:57:46.000 --> 01:57:48.000]  You come in with your little tar baby.
[01:57:48.000 --> 01:57:53.000]  Here, you want to touch it? Come on, touch it. Touch it. I want to see you touch it.
[01:57:53.000 --> 01:58:00.000]  And when you start treating them that way, they have no idea how to deal with you.
[01:58:00.000 --> 01:58:06.000]  If I can get David doing this in South Dakota, get Mark doing it in Wisconsin,
[01:58:06.000 --> 01:58:11.000]  get a few people around the country doing this, this could catch on.
[01:58:11.000 --> 01:58:17.000]  You know, 10 years ago you were talking about teaching people how to do it,
[01:58:17.000 --> 01:58:21.000]  and then a few have picked up, but not enough.
[01:58:21.000 --> 01:58:26.000]  It's gaining momentum, so I'm happy. I'm pleased.
[01:58:26.000 --> 01:58:31.000]  It's picking up momentum, we're gaining speed, and I hope it keeps doing that.
[01:58:31.000 --> 01:58:34.000]  Thank you, David. We are out of time.
[01:58:34.000 --> 01:58:41.000]  We'll be back next week, Thursday at 8 o'clock for our two-hour show,
[01:58:41.000 --> 01:58:44.000]  and then again next Friday for our four-hour show.
[01:58:44.000 --> 01:58:50.000]  Thank you all for listening, and good night.
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