Hey, do you know anybody in NYC are practicing what Randy and Ed are doing? I just begin to learn this and sure want to group together and grow to be one of the watchmen of our justice system.

Best
B3

34:30
Anthony (TX) updates us on his case concerning his garage arrest. There are no records at the clerk’s office. He asks how to file motions.
Randy: Go to JurisImprudence.com and look for blanks of complaints, motions, etc. There are many ways to go after these guys. Look up Sections 17.05, 17.30, and 37.10 in the TX Code of Criminal Procedure. The magistrate secreted the papers to the prosecuting attorney.
Deborah: Anthony is 17 and cannot file criminal complaints.
Eddie: He can file motions in his defense though.
Randy: It’s tough to being under-age while wanting to go take on the System. Anthony’s parents need to take up the torch. The police don’t care about the laws anymore. [William Norman Grigg’s articles prove this in spades.]
Get a court-appointed attorney and warn him/her about bar grievances.
Deborah: Anthony could still file a motion to dismiss at the next scheduled “arraignment”, as she told him on the last show.
Randy: There is nothing to dismiss. Charge the court with abusive process. The court has claimed authority to appear but has no subject matter jurisdiction because he hasn’t been accused of a crime. Move the court to disqualify itself. Tomorrow’s show will be about due process.

1:05:10
Melissa (TX) received a call from a law firm about six thousand dollars in speeding tickets. They wanted her to pay by phone [huh?].
Eddie: I know this law firm. They are a private debt collection law firm that falsifies information. They are trying to extort money. Get Mike Mirras’ program.
Deborah: Don’t argue about the debt. This is about something else.
Melissa: These tickets date from 2003, 2005, and 2006.
Eddie: Then they are too old to collect on (due to the 2-year statute of limitations) if they’ve never taken you to trial for them. However, if they issued a warrant, it’s probably still out there (locally, not state-wide). If the officer didn’t file out a complaint, there should not be an arrest warrant.

1:20:35
Carolynn (TX) answered a joint discovery case management in her federal mortgage lawsuit. The other party also filed an answer and is pressuring her to sign, but she has problems with their answers.
Randy: Federal lawsuits require joint discovery case management so that the parties can figure out how much time to allot to discovery, etc. Just deny their answer, as they will do to yours.

1:27:10
Brian (MN) just purchased JurisDictionary. He is calling back about his illegal search & seizure case in April. He wants to know about Miranda.
Randy: Miranda only comes into play if the police questioned you prior to reading you your rights and then tried to bring your testimony from that into court. Other information subsequent to that initial questioning is irrelevant to the Miranda ruling.
What crime did the policeman think you committed when he stopped you?
Deborah: Stealing a vehicle because he had dirty fingernails. It was ridiculous.
Brian: What’s a good strategy?
Randy: Civil case of false imprisonment. Send tort letter to city council/major. 60-day minimum prior to lawsuit usually. Identify the police department in the Monelle sense: the officer acted per department policy.

1:45:20
Marshall (OR) asks a thought-provoking question regarding how “commerce” is defined in traffic law. For instance, say someone has a landscaping business and a truck with that type of equipment in the back. Is that commerce?
Randy: Only if you are on the clock while driving.
Marshall: How about someone paid to haul debris away?
Randy: You’re being paid to remove the debris off of the property and nothing else. Where you take it is irrelevant to the client.
Marshall: In any case, don’t I have a right to engage in a business without a license?
Eddie: Yes. It depends upon whether the business affects the public’s health and safety.
Marshall: Who gets to define “public health and safety”?
Eddie and Deborah: There is no right to do business on the roadways, which are paid for by the public. You are profiting at someone’s expense and adding wear-and-tear to the road surface. [NOTE: This damage to the road surface is principally due to the weight of the vehicle and pressure in the tires. And it is an exponential effect.] That is not a right. You may travel to go from A to B however, just like every other member of the public. That is the purpose of the roadways, long recognized by the courts. One is a right, the other is a privilege. Thus businesses can be regulated. So if the business/trade only occurs at the business at the terminus of one’s travel on the roadways, there is no business taking place on the roads. Transporting passengers and/or goods for hire is engaging in business.
Eddie: If you are operating under the auspices of a corporation, you would then be engaged in commerce: for instance, someone engaged in hauling lumber to a building site while working as the agent of a corporation.
Randy: I have concerns about this line of reasoning. The commerce occurs when he gets to the building site and drops off the lumber. If they are only getting paid to build the building, the transporting of the lumber is only a cost. The corporation does not profit from that activity. Same as a farmer taking goods to market.
Eddie: That’s two different things. One is a human being. The other is a corporation, that is, a privileged entity. Everything the corporation [“creature of the State”] does is privileged activity.
More on this in another ROL show. Stayed tuned.

I have a proposition for you. As I am sure you are aware, these postings are time-consuming. At the moment I am unable to devote the amount of time to ROL archive posting. I’ve been putting in 10-hour days working on my own lawsuit. Would it be possible for you to take over the postings for awhile? I can make it up to you in time.

I will email Deborah and let her know that I would like to contact you by email about these matters.
Nescience

“The right to travel is part of the liberty of which the citizen cannot be deprived without due process of law under the Fifth Amendment.” Kent v Dulles, 357 US 116 at 125.

Eddie quotes many other court cases explicitly acknowledging the right to travel without the permission of the State.

Chad (TX) tells [at 0hr 34m] of his meeting with a prosecutor who falsely told him that he did not have the right to evidentiary due process in a Justice of the Peace court case. Eddie encourages bar grievances for every falsehood. She also filed sanction charges against him, even though he does not practice law.

Kevin (CO) [at 0hr40m] is trying to get to the grand jury after being brutally assaulted from behind by the State Patrol at a traffic stop, where he got a concussion, while trying to make a 911 call (which is a felony). They did not care for his mention of their video camera. Because of his injuries, he was taken to a hospital. These officers followed him there, into his room, and abused him there. The judge subsequently denied Kevin the discovery of evidence. He has multiple medical problems now and is having great difficulty functioning at his job. Deborah strongly encourages Kevin to sue the hospital, its doctors, and its nurses, invoking Randy’s Tar Baby strategy. Because Kevin is classified as half-disabled, she encourages suing under the Americans with Disabilities Act. Kevin has numerous causes of action.

Frank (NY) revisits [at 1hr13m] his ROL conversation from August 26 about the traffic stop where his car was taken from him by the police while he was on private property. A Eddie and Deborah explain the differences between a civil case and a criminal complaint. Frank has numerous causes of action.

Alan (TX) also revisits [at 1hr33m40s] his brief ROL conversation from August 26 about a false charge of forging a financial instrument and being punched in the face. Even though he was apprehended with a warrant (to be taken to a magistrate), he was taken immediately to jail first. Without his presence the judge set his bail (in an ex parte hearing). Alan went to the courthouse to see his court file and there was none. Deborah explains the probability that the prosecutor has absconded with it, which is a felony. Alan has numerous causes of action.

Brain (MN) also revisits [at 1hr52m] his brief ROL conversation from August 26 concerning his speeding traffic stop that turned into a search and seizure of his vehicle. The police falsified evidence. Eddie throws out possibilities: criminal conspiracy, denial of due process, aggravated assault, and aggravated kidnapping. It is suggested that Brian file criminal complaints, that he file a motion withdrawing his “conciliation court” papers so that he can proceed into a formal court proceeding, and that he file criminal complaints with the grand jury.

Deborah then mentions the story about backscatter (porno) machines being driven down city streets to scan people’s vehicles (and probably homes). She raises the point that these machines have a frequency that places fully under the auspices of the FCC. The backscatter-porno machines may not be used outdoors or near open window. She urges airline travelers to send her pictures of TSA porno machines in airports close to windows, as that is illegal too. The FCC can use their own regulations to bring criminal charges against these perverts. Later in the show [at 1hr06m] Deborah tells of late-breaking news from an e-mail she received: the FCC has just issued new regulations about backscatter-porno machines at 47 CFR Part 15 Section 510 (i.e., 47 CFR § 15.510). These new regulations state that only state and local law enforcement, emergency, and fire official may use the machines indoors. Federal employees are disallowed.

Randy and Eddie get into one of their classic debates, this time concerning the Texas laws using the phrase “breach of the peace”. Too good to miss.

Anthony, of warrantless-police-busting-into-his-garage-fame, calls in to update us that the court records are empty for his “case”. Randy and Anthony clarify that there was no examination hearing. (Listen to ROL shows dated 20100809 [at 1hr46m] and 20100806 [at 3hr23m20m] for a more complete account of Anthony’s situation.) A dismissal seems to be in the works for Anthony at his September 10th examination hearing-free “arraignment”. Randy suggests the filing of many criminal complaints against the judge and prosecutor, some being felonies.

Eddie discusses a bizarre year-old traffic case in which a client in Texas was summoned under false pretenses to meet with the judge and prosecutor. The judge walked out. The prosecutor admitted that there was no complaint in the court record. Unfortunately the client failed to move for dismal for lack of a complaint. Needless to say, an “information” did not exist either.

The show ends with a long conversation about surreptitious vaccinations by hospital employees upon young children, and even new born babies, out of their parents’ sight and against their parents’ explicit wishes. Our ROL hosts agree that criminal charges need to be filed against criminals.

Traffic night discussing red light cameras. Guest is patent attorney Bill Davis.
Bill has won cases against red light cameras. He got involved after receiving red light ticket in the mail from Austin.
Most camera vendors are non-USA. Companies approach try to sell camera systems to cities.
Senate Bill “implementing act” is legislation in Texas that authorized the cameras in 2007 to allow cities to implement. Allowed cities to implement ordinances complying with chapter 707 of Texas transportation code.
Owner of vehicle is presumed to be responsible party. Lack of response is default judgment against vehicle owner.
When receiving envelopes, save the envelope. Austin uses a company from Arizona and the letters are mailed form Arizona. Austin splits fees with camera company.
Running red light was criminal. It was changed to civil and has become a tool for revenue collection.
Describes how another attorney in a different jurisdiction challenged vendor ATS because they did not have an investigator license.
Texas DPS licenses private investigators and have gone after many companies including computer data recovery companies. DPS claims red light camera vendors do not need a license.
In one year, top 40 collection cities collected $100 million on these tickets.
Suggests everyone challenge the red light tickets. A basis for challenge may be shortened yellow “amber” light times.

Eddie discusses problems with the local ordinances, such as lack of enacting clause.
Municipalities created under constitution Article 16.

When going to court, get a court reporter so the record can be preserved for appeal. Demand affidavits that are signed, dated, and notarized.

Difference between guilt and liability. Case outcome will be either liable or not liable.

Do not sign a document that makes you the “driver”. You may be the owner of the vehicle.

In Austin, amber light time information is concealed. It apparently is collected.

Eddie suggests discovery for 48 hours of camera footage to show they are doing ongoing monitoring.

84:08
Paul from Texas.
Can you hire your own court reporter for court trial?
Bill says no.

87:27
Dennis in Texas.
Will call back on another day.

87:57
Kevin in Colorado.
Assaulted by State Highway Patrol.

Deborah asks Bill how to proceed.
Bills says to challenge the ticket. Go to legislator and ask for it to change. Go to city council and tell them to remove the red light cameras.

97:09
Michael in Maryland.
Getting run-around about his red light camera ticket. How to proceed?
Bill says to consider challenging if there is not a liability amount.
Is mailing red light ticket sufficient service?
Eddie says in Texas a summons can only be served by office in judicial branch.

Deborah says do not ignore a summons. Bill agrees.

114:13
Danny in Illinois.
Red light notice of violation in Missouri.
Bill says it may be criminal. Recalls an AG opinion that the cameras are not legal. Apparent case law that a turn on red may be different than going through a red light. In Missouri they may need an information from a grand jury before issuing a summons.

Steve Skidmore and Randy discuss mortgage issues.
“Show me the wet ink signature note” is good. There are other avenues of attack including bifurcation (separation of deed of trust from the mortgage). 1972 Carpenter vs. Longan 83 US 275, says note and mortgage are inseparable. Security instrument ties property to note. If they are separated, there is a fatal flaw.
A note is turned into a security instrument that is sold to investor that packages these, and shares in the package are then sold. The lien document, the deed of trust, don’t move with the packaged note.
The original lender gets consideration when selling note to investors. The original lender keeps the lien document. They have therefore been bifurcated.
Some Washington State courts have said they both always move together.
There is a qui tam movement going against Mortgage Electronic Registry Service for not filing change of note ownership with county recorder. These cases are in Tennessee, California, Nevada and allow a person to sue on behalf of government and to get part of the judgment. MERS is not the holder of the instrument, they say they are the nominee.

Those who are current on their note are in the best situation to go after the lender.

37:10
Michael in Maryland.
Question: Regarding letters to Austin micro broadcasters providing a public service to those listening to the radio.
Answer: Only write letters if you can hear the station over the air. Template letter is on website.
Funds for the micro are in a trust. Those who sent letters are beneficiaries of the trust for purpose of suing and everyone having standing to be co-plaintiffs.
FCC can’t regulate intra-state radio.
Question: Why are mortgage companies allowed to do this fraud without government stepping in?
Answer: Everyone thinks banks help people achieve “a wonderful life” and everyone is making money. Lenders intend for the notes to default. Everything changed after they began securitizing notes.
Question: If person will be moving in two years, should they begin process of going after lender?
Answer: Yes. Gramm–Leach–Bliley
in 2000 repealed Glass–Steagall act. 2006-2007 is when predatory lending peaked.
Look at page 2 of HUD 1 statement which lists all fees paid at closing. Look for junk fees paid to lender. Those are fraud.
Going after lender for fraud could only take 3-4 months, in some cases. If you are current on mortgage, going after lender will not cloud the property.
Question: Do you like Living Lies
blog?
Answer: Steve says yes. Neil Garfield.

64:47
Carlos in California.
Agrees with Neil Garfield.
How to bring up the mortgage fraud issues in court without the fraud being minimized.
Politics is moving against the lenders. Provide judges with what they need to rule in your favor.
Deborah tells story about judge ruling in favor of Willow and how judges are waking up on their own.
Randy tells story of judge in Michigan who lost 35 of 36 houses. Says she is not happy.
Randy and Steve tell other stories of judges helping.
Steve says Wells Fargo is being sued in The Hague for securities fraud.

Randy and Steve work for different firms. They share ideas and use different ideas to attack the same problem.

Carlos found complaint pleading that hammers the banks. Can Carlos use it?
Randy says when pleading is filed, it is part of the public record and can be used.

Carlos asked Steve why Wells Fargo doesn’t answer his letters about securitization and holder-in-due-course?
Wells Fargo was not holder-in-due-course. Servicer only collects payment and disburses those payments.

93:15
Keith in Texas.
Student loan to private school which has gone bankrupt. Can’t find job and Sallie Mae wants their money.
Deborah says student loans can not be cleared by bankruptcy.
Loan modification offer over the phone can not be believed until it is in writing.
Michael Mirras may be able to offer some help.

100:22
Sam in Texas.
Student loan question about going after the school. School still exists. Teacher was rarely there.
Lawsuit against school may work if you are pro se and the school is paying a lot to defend the lawsuit. If the suit can damage the reputation of the school, they may settle. You don’t have to win every claim in the suit, just make it expensive for them so they will be likely to settle.

113:02
Dennis in Texas.
Municipal court traffic issue. Judge met caller in hallway and send the person must first enter a plea before anything else. Judge threatened to issue warrant.
Randy says to file criminal charges against judge with DA for tampering with a witness. If DA doesn’t take it, go to district court with charges against DA. Then go to grand jury with complaint against judge.
File a judicial conduct complaint. Send tort letter to county claiming judge had ex-parte communications to intimidate and get you to waive your rights.
Eddie says he has a brief on why a citation is not a valid complaint. An information is still required or the court does not have jurisdiction.

117:31
Craig in Ohio.
Provides information about debt collection with federal, FFEL, student loans.

Deborah interviews Karen Renick of Vote Rescue. Deborah thinks paper trail audit of electronic voting is a fraud. The counting is still done electronically. Are verification systems useful and necessary?
Karen says verification of electronic voting is a red herring. Printers on electronic machines are an after-thought of those systems. Paper trails are difficult to audit, and don’t even print 10%-20% of the time.
Electronic vote system vendors have poor track record of secure systems.
A paper printout is not a receipt. Receipts will never be allowed because it proves how you voted and would contribute to buying votes. Buying votes would apply to any way to look up a person’s vote (online).
There is no reason to believe the printout has the same votes as what is recorded electronically.
On electronic machines, there is a test mode that counts differently than in the real mode.
Everything in voting should be verifiable and publicly accountable. Electronics are not visible to the public.
Voting systems should make it difficult to cheat, not make it easy to cheat.
Deborah wants paper voting with public oversight. Put internet video stream over box where paper ballots are placed. Put internet video of the vote recording process.
Germany ruled electronic voting will not be allowed.

33:30
Rob in Connecticut.
Member of CT Election Audit.
By state law, 10% of ballots must be recounted. Describes story of vote inaccuracy with bubble paper scans.
Rob asks if a prototype system that Deborah describes has been built.
Karen says 1/3 of New Hampshire polling places to paper ballots and hand counts. Says around 10 counties do hand count.
Karen says the priority of accurate voting has been distorted into convenience and getting home earlier in the evening.

Texas law allows counting all day long. Karen has some concerns with counting in private during the day. Wants no early voting (because it is hidden) and holiday on voting day.

46:00
Randy will present mortgage fraud seminar on Saturday. 1PM - 9PM. No charge. Will show why lender creates loan documents that are intended to default (they make more money).
In the late 1990s there banking changes that guaranteed the problems. Expect 1/2 of all mortgages to default in next decade.
Lender doesn’t care about taking house and selling it, as they make more money in other ways.
Real Estate Settlement Procedures Act defines how to rescind the note and get everything refunded. This is not the goal because you have to return the property. The goal is to keep the property and make the note and everyone collecting to go away.
Randy now has twelve no-answer defaults. These seldom happen. 75% are later overturned because defendant was not properly served.
In Colorado, an unrelated party over 18 years of age can serve. Instead hire a professional process server.
Lender must respond within 21 days, and they typically can’t do all of the work. General denials are OK, but then file motion to dismiss for being unresponsive and then motion for summary judgment.

63:50
After no-answer default is signed, the property is free and clear. Collecting the fees and penalties from the bank is another matter. The judge’s ruling can be appealed for improper service or mistake or accident.
“Prove up” hearing is when court makes determination of amount. You get the amounts that are fixed for the penalties by statute (Real Estate Settlement Procedures Act). After the hearing, get a judgment against lender. After judgment, move for execution and have Sheriff remove furniture from their offices.

81:00
Greg from Austin.
Ticketed for sitting while playing guitar.
Eddie says if charged under city ordinance (does not have enacting clause), it would only apply to city employees and contractors. City ordinances are rules for city employees. Texas Constitution, Article 3, Section 29.

87:47
Gary in Austin.
Will bring some forensic appraisers to Randy’s seminar.

92:37
Denise from Oregon.
Wants guidance on how to proceed with foreclosure that is in process. Sue the lender and send qualified written request (60 day reply). QWR is a notice to lender notifying them of accounting error and demanding it be corrected. Claim accounting error of 4x-5x amount of original principal. Also demand proof that all fees were necessary and reasonable and no markup was taken.
Origination fee is restricted to 1% of original principal. “Yield spread premium” is synonym for “origination fee”.
Randy describes process of prosecuting judge, DA, district judge, … for outlawry and official oppression.
Randy says anyone who has or had a mortgage note can get remedy.

108:00
Eddie describes traffic case in which judge denied motions and used ticket as the initial complaint. Court trying to say it is using Texas vehicle code 27.14D. Valid complaints must be signed by office under oath. The court is violating due process.
Defendant should file criminal charges against judge.
Lower courts are rigged to generate revenue, not justice.

114:00
Randy says to sue the mortgage lender. Get example suits by asking clerk at the court house.

116:17
Robert.
Chapter 13. Disputing validity of lender.
If stay is already in place in bankruptcy, use that stay.

Monday is traffic night.
Eddie discusses purpose and objective of Texas chapter 45 of code of criminal procedures. Will lead to constitutional question.
Article 45.001 of code of criminal procedure. Put in place to remove “undue formalism”.
Why set up a court that doesn’t have to follow rules or formalities of other courts?
Article 45.002 of code of criminal procedure.
Has this made justice more friendly for pro se litigants without having to know all formal rules of other courts or has this allowed them to more easily take our money?
What if people don’t want the easiness and simplicity, because it allows them to run roughshod over us? How to move case to a more formal court?

Since justice and municipal courts can only hear cases with fines, how do they force community service? Why does article article 45.014 contain “warrant of arrest”.
Why does article article 45.015 contain “jail”.
Why does article article 45.016 contain “bail”.

No other defendant does not get a court appointed attorney.
No other defendant must post double bond.
No other defendant can be held indefinitely before posting bond (class C misdemeanor does contain “48 hours” clause).

If you go into court room showing you know what is happening, then you have a chance.

32:52
James from Colorado.
Traffic ticket for expired license plate. At the time did not have driver’s license and insurance in the vehicle. He approached officers in their vehicles and was handcuffed. He sent letter asking for nature of charges and has not received a response. He says police are paranoid.
Eddie says to appear with criminal complaints against officers. Go to police station or court clerk and ask for a blank criminal complaint form.
Deborah says to pull criminal complaint form that has been filed in the courts. It is a specific legal document in Texas. Need to name specific statute that was violated, sign it, notarize it. Attach statement of probably cause (story of what happened).
Several methods to get the criminal complaint in front of a magistrate. Could attach it to documents in your current case so the judge will get it in his hands.
Get the documents presented to the judge and in his hands.
Deborah thinks in Colorado judges are magistrates, and thinks this is true in all states. They may tell you to go to a Justice of the Peace. Duty of magistrate is invoked when they get a criminal complaint in their hand. If judge does not accept criminal complaint it is a crime so file motion to have judge dismissed from your case.
Filing affidavits in your case typically has no effect. File a motion, possibly with motions attached. File judicial notice if you want court to take notice of something, don’t file an affidavit. Affidavit is for you declaring under penalty of perjury that you have personal knowledge of something. Don’t file affidavit telling court how to interpret law.
Caller asks if they know “IRS Humbug” Frank Karolick (sp?).
Deborah suggests retitling affidavit to “judicial notice”.

53:21
Marvin in Texas.
Traffic ticket. Has sent motion to judge to dismiss for lack of jurisdiction. Clerk responded with denial.
Eddie says clerk in Texas does not have authority to dismiss. An unsigned order in Texas is considered a denied motion. File “demandings of fact and conclusions of law” so judge will show why. This motion is in traffic seminar material.
Ask for name and full contact information of prosecutor. Find out who they work for. If the prosecutor works for a private firm or is a city attorney, he can not prosecute state law.

63:55
Michael from Maryland.
Question of applicability of common law.
Eddie says people (not employees nor contractors) can not be bound by rules unless it is in the common law. Employees and contractors must follow the rules.
As an example of unwritten law, Eddie says morality is a law.
Deborah says common law is wrote down in the Magna Carta.

Caller emailed concerning Texas City chemical leak. Deborah says “Sea Breeze” published it. It was an equipment failure and they didn’t shut down the refinery. Everyone exposed is at risk of early death.

71:00
Randy is giving mortgage fraud seminar at 1 PM Saturday. No charge. Will not discuss due process at this seminar (may be done at cost to fund the network).
Traffic Seminar is available for purchase to help fund the network.
Order Jurisdictionary through the website to help fund the network.
If the radio show helps the callers, please provide a donation.

75:15
Michael from Maryland.
How to ask prosecutor to show complaining party when in administrative court?
Eddie says administrative court is about rules, not injury to someone else. There is no adverse party.
Caller says constitution only specifies civil and criminal. Eddie says that is why people are only bound to these rules if the people agree to contract.
Eddie says to ask complaining party to show where defendant has agreed to be bound by those rules. Ask the to show:
1) enforceable agreement
2) two parties
3) breach of contract.

Deborah says Randy is over-worked.

84:44
Randy in Texas.
Traffic speeding ticket on July 2. On ticket the date of offense is 4/2/10.
Eddie says that makes it defective, though judge will not consider it to be a fatal defect. Consider going to trial and have office read ticket. Point out it is invalid.
Review code of criminal procedure to learn the process.

93:00
Rebecca in California.
Idaho DUI case. Held in jail for 18 days before seeing magistrate. Now lives in California. Motions to appear by phone instead of in person have been ignored.
Eddie suggests judge show due cause and foundation for denying motion.
Failure to appeal will cause a warrant to be issued. Has person been served?
Person was served by mail after speeding case was heard.
If they can find guilt in absentia, then it is administrative.
Read the procedural rules.

97:44
Floyd from Texas.
Bicycle ticket issued as a pedestrian.
Eddie says bicycle is considered traffic, though not a vehicle. Does offensive on ticket exist in law?
Look up definition of: pedestrian, roadway.
Texas Constitution, Article 3, Section 29, enacting clause.

Son had identity stolen.
Go to county attorney or district attorney. Get credit report. File disputes with credit agencies.

102:47
Samuel from Georgia.
How to check bond and insurance carrier of public official.
It depends on state law of where they will be located. Determine this by reading constitution or statutes.
Deborah says only elected officials have individual bonds. Police have a bond for entire department.

105:57
Gerald in Texas.
Son Anthony previous called about Portland police. Son arrested with friends in garage. Says they admit there is no public access to hearings, and recorded this conversation. There were two witnesses.
File criminal charges and tort letter to county commissioners against judge and others in court for violation of state law of open courts.
In Texas when this happens, write up everything in an affidavit, have witnesses do the same. Send to Rule of Law Radio.

111:05
Damon from California.
Brother has arraignment for not voluntarily exiting vehicle during traffic stop. Was placed in jail without going first to magistrate.
Review California law about process after placing person under arrest. In Texas the statutes say to go to magistrate before jail.
Arraignment is to get person there with a name, and to ask for plea. When judge asks for plea, ask for nature of crime to be put in writing. Ask for continuance (reschedule) of arraignment. If judge enters please for brother, this can later be appealed.

116:24
Carl in Texas.
Docket appearance in Austin. Asked judge nature of court. Judge said criminal and that no counsel can be appointed because no jail time can be given and that jury trial can be rescheduled up to four times.
If jury trial does not take place, file motion to dismiss with prejudice.

Guest Dennis Gray in San Diego, California discusses unincorporated associations and his experiences over twenty years. http://www.corp.ca.gov/
Randy says Dennis is setting up an unincorporated association for Randy’s real estate venture.
With trusts, Dennis could not easily open bank accounts. He sets up a pair, both having same name: unincorporated association and nonprofit association. He has seventeen set up. When he gets a car (for example), he puts it in the nonprofit. Gets tax ID for unincorporated association by having secretary person allow use of his SSN, to then get tax ID for unincorporated association. Then fire the secretary and hire a new secretary. Dennis manages association as treasurer. The association is not “owned” by Dennis. Board of Directors is appointed, typically having president & secretary & treasurer. Can have as many members as desired. Only treasurer manages bank account, with sometimes secretary also allowed to sign checks jointly with treasurer.
[ Jon from Colorado sees difference with trust structure is existence of the tax ID in what Dennis is describing. Why couldn't something similar be done within a trust? Or, why not have a LLC (with a tax ID) own a trust that holds the assets (like a car)? ]
Randy asks how unincorporated association protects from creditors better than a trust. Dennis gave example of trust assets seized because trust’s trustee had a judgment from IRS.
Go into California Secretary of State in person, with a unique name that doesn’t tie Dennis to association, and wait three months for paperwork processing. Process can be sped up to a couple weeks by using a company in Sacramento. Typical cost $995. Every five years they pay $25 to state. When Dennis sets this up for someone, he takes care of getting the tax ID. Dennis says to have a will to provide direction.
Deborah says a trust can get a tax ID. Dennis says banks won’t open account for a pure trust, even with a tax ID. Bank will want to see by-laws to know who can sign checks. Get non-interest-bearing bank account. Keep transactions under limit for suspicious reporting.
A difference between incorporated and unincorporated are the higher yearly costs (in California) every year.
Eddie says bank wants to know signor’s tax ID. Dennis says this is only to check if the people often write bad checks. Dennis agrees signers need to provide tax ID.
Dennis says in twenty years he has never filed taxes on the associations.
Required filings: statement & registration with secretary of state. Every five years send state $25.
Can establish in other states if they have agent for service of process.
Eddie asks Randy how it will have access to courts and do business. Dennis says use a DBA (Doing Business As).
Stamps non-redeemable on Federal Reserve Notes before depositing. This makes them not income when deposited in bank account.
Randy asks: what advantages to adding members to the association? Dennis says he could put all conference attendees in the association and give them access to new material. No tax benefit to the members.
Phone caller Carlos asks for more information. Dennis provides contact info mlgnow at gmail . com.
Carlos is selling home. Dennis suggests “123 LLC” (which is real). Set up “123 LLC” association and “123 LLC” nonprofit. When selling house, deposit check in association bank account.

HOUR 2

66:00
Eddie provides update on traffic seminar materials. New motions. Working on briefs to be used in case of trial on the merits.
Randy is going to court on Tuesday, and says the new motions will likely not be read by judge. Then Randy will ask judge to step down or bailiff to take judge off bench.
Randy says municipal judges must be elected, though they don’t remember ever voting on these judges. Reference to government code under municipal courts of record.
Randy expects to be found guilty and will sue them in district court, instead of posting bond of double $ to appeal. Eddie says requirement of posting double bond for class C violation in unconstitutional.

79:15
Randy provides update on mortgage fraud.
[ Jon from Colorado: http://en.wikipedia.org/wiki/Unlawful_detainer ]
Good decisions in California about standing. Recently attended hearing on unlawful detainer and how other attorney became upset when the information was presented to judge. Nearly physical confrontation outside court room with opposing attorney. Will bar grieve that attorney.

A couple cases where they could not bring in wet ink signature document. Also several “no answer defaults”.

85:55
Mike in Texas.
Traffic case. Going to court of criminal appeals. Will file “petition for review”, similar to appellate brief. Copied brief filed previously be someone else.
Randy suggests getting O’Connor’s Civil Trials, even an older copy. Will show how to file motions and defend motions.

93:50
Jeff in Maryland.
Randy has not read qui tam action in California.
Qui tam in Tennessee against MERS and banks on behalf of all counties.
Similar action being done in California under false claim act over past ten years. Saying documents are false - beyond just saying they are avoiding the fee.
Filing documents with court is tampering with government document, a felony. Filing false documents and taking property based on that is conversion and aggravated perjury. This furthers ongoing criminal conspiracy. Even if properties have been seized and sold, they can potentially be taken back.
Jeff had Temporary Restraining Order thrown out because magistrate said there was not a statement of irreparable harm.

99:42
Dan in Connecticut.
Good news that hypothetical (discussed on previous show) will soon become reality.
Connecticut Attorney General did report on similar matter. Secretary of State was compiling voter list with demographics and personal information. The list was FOIA’d then used to solicit donations. AG referred this to a prosecutor.
Dan is running a campaign for office. Concerned about retaliation. Says campaign laws are typically violated and he will document this pattern of behavior.

Randy is looking to put attorneys on retainer in each state to check documents before filing with court. Considering training program for attorneys.
“No answer defaults” are so rare that few no how to deal with it. At that point make sure it is done right and do not go pro se. Also, if property has already been sold do not go pro se, use an attorney to make sure it is done right.
Looking to do forensic audits of financial instrument - everywhere it has been transferred.
Looking for way to go after lender, even after house has been sold. Fraud never goes away.

HOUR 3 & 4

5:00
Dan in Connecticut.
Warns about current political climate being negative. Suggests Republicans vote for Peter Schiff.

9:00
Don Terry from Agenda 21 Talk. Don knows about pure trusts. http://www.agenda21talk.com/
Deborah asks difference between private contract pure trust and statutory trust in Texas. No requirement to make private contract pure trust known to state. Can this also be considered statutory trust and not a private contract? Don responds, “What does “declare” mean”?
Deborah reads from Texas Title 9, chapter 112, sub chapter 8: methods of creating trust. “Declaration” is not defined. No filing requirement and not standard form.
[ Jon from Colorado found this link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.112.htm ]
Randy says corporations have specific structure, and trusts don’t have a specific structure. Trust is a private contract between individuals.
Don does not refer to himself as a “trustee of a trust”. Constitution provides for unlimited right to contract. He describes a trust as, “Private contract in form of pure trust.”
Deborah says following words are restricted when registering names with state: bank, trust.
Don says sitting President can not accept gifts from foreign entities. Older Bush got around this by putting gifts from Saudis into a trust.
Trusts have been used for hundreds of years. Typically trusts have been used to hold something that could have a liability to protect the person controlling it from having personal liability.
Deborah asks Don about California case with private contract trust that court wanted to see. Person had oath of secrecy and privacy, along with trust papers in a locked box. Judge did not order person to open box.
Don describes personal story about child support and child custody. Don said he has oath of secrecy. Judge ordered Don to violate his oath, and asked for time. Judge never brought it up again. Court still does not know even name of trust.
Don mentions Loring’s trustee book available online:
http://books.google.com/books?id=QF4ZAAAAYAAJ&pg=PA48&dq=loring+on+trusts&hl=en&ei=_Ih6TOvvCMH9nAfr6pydCw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CFAQ6AEwBQ#v=onepage&q=loring%20on%20trusts&f=false
http://www.amazon.com/Loring-Trustees-Charles-Rounds-Jr/dp/0735560900/ref=sr_1_1/189-4451331-3186021?ie=UTF8&s=books&qid=1283098799&sr=8-1

42:33
Carl from Texas.
Question to Don why not patent (trademark) a trust name, similar to what is done in Book Cracking The Code? Don says that would mean making trust name in uppercase, which they don’t do.

45:44
Don mentions Wall Street Journal article about vote in Congress to authorize IRS to go after sham trusts. Vote overwhelmingly defeated it.

46:37
Carl from Texas.
Continues discussion of uppercase name.
Don says to not say, “The purpose of a trust is to shield liability.” Instead say the purpose is something beneficial, for example, beneficial to a family.
Deborah agrees and says if trust is sued and loses, the assets in trust will be taken. If asset protection is desired, also use LLC.
Deborah describes plane crash with JFK Jr. Says Caroline’s family sued Kennedy family for negligence over death. Plane was in trust by itself with a pet cat, and they only got the cat (plane was crashed).
Randy cautions that transferring asset after claim is evident will not be upheld. Randy says a trust for liability purposes would rent or lease vehicles from another trust that holds those assets.

53:53
Carlos in California.
Says he who claims trust must prove trust. Trust does not necessarily need EIN or TIN. Carlos puts his properties in a land trust. Carlos does not record trust documents. Uses this to shield payments during sale. Says judge can compel trustee to declare trust assets, so use a difficult to find trustee. Do not keep property in personal name “worst thing to do”.
Don says to be careful with words, as Don does not “own” or “have” a trust. Don is just a trustee. Says property can be bought in name of trust so it doesn’t need to be conveyed into the trust.

Don Terry says when you want to sell assets in the trust, simply transfer the trust to the other person. There will be no filings to show who now owns the asset.

Carlos mentions Christian Walters. Don says Christian’s trust presentation seems confusing.

Deborah says transferring a property with a lien into a trust does not remove the lien. Carlos agrees and says do everything early, instead of waiting for a lien or other action against the property.

Carlos said trusts don’t even have to be in writing.
Deborah asks what an express trust is. Don says it acts like a trust without being written down relying on the actions (expressions) of people.
Carlos says trusts need three elements:
1) grantor
2) trustee
3) beneficiary

Carlos says everyone should have their property in a land trust, with a beneficiary (in case you die).
Don says put anything of value into trusts. Don says anything you can do, an agent can do for you. This will keep your name completely off it.

79:50
Randy describes seminar in Austin on how to stop foreclosures. No cost. Saturday 14th, 1PM.
When foreclosure process gets to court house steps, it is more difficult to stop them. Lender can be sued anytime, but the earlier you start the more likely the judge will grant an injunction.
If in modification negotiation with bank, be careful because they can foreclose and sell without an additional notice.

83:45
Anthony in Texas.
Was with friend in garage. Police arrive and find marijuana. Arrests and adult jail. Minor charged as adult. Does not yet have an attorney.
Caller asks what motions to file since police did not have a warrant? Probable cause was happenstance while responding to another call.
Randy says without warrant, police could have done breaking and entering. Claim aggravated assault (police did not see crime).
Get your file from court house, including complaints.
Caller has been to magistration (held inside jail, not allowing public to attend). Determine if public can view magistration hearing.
Not had arraignment, which is scheduled for 20th.
Write detailed narrative of what happened during time of arrest.

94:50
Jason in Texas.
Previous caller about traffic stop in front of his house in August 2009. Arrested for unlawful carry of weapon.
How to file six criminal charges against police? Should all six be filed?
Randy answers yes, file all six though you will not get an indictment.
Caller asks about timing of criminal charges and says he has not yet moved to dismiss.
Eddie says to file now. Possibility of issues with delay of trial (speedy trial).
Caller says his lawyer filed motion to suppress but did not set it for a hearing.
Eddie says normally the judge can not proceed until all pending issues are addressed.
Randy says pre-trial hearing is to hear motions.
Eddie recommends cases with possible jail time use assistance of counsel.
Eddie’s email is eddie at rule of law radio . com

106:00
Deborah discusses how to indict public servants, while understanding it is unlikely to happen.
The intention is to clean up the system.

110:22
Mark in Wisconsin.
Updates case on bill collector. Was offered $1200 buy collectors to make him go away. He countered with $1200 plus court costs.
Says Mike Mirras course is working for him.

Randy is setting up foreclosure conference in Wisconsin September 25.

112:40
Carlos in California.
Asks about notary working for a company. Randy says it is OK for notary to work for company they notarize for. Can request notary’s journal. Have a 3rd party request it. They may not be allowed to ask why you want to see it.
Randy says to request verification from secretary of state that notary is a valid notary. Generally used when sending notarized documents out of the country.

Guest Dennis Gray in San Diego, California discusses unincorporated associations and his experiences over twenty years. http://www.corp.ca.gov/
Randy says Dennis is setting up an unincorporated association for Randy’s real estate venture.
With trusts, Dennis could not easily open bank accounts. He sets up a pair, both having same name: unincorporated association and nonprofit association. He has seventeen set up. When he gets a car (for example), he puts it in the nonprofit. Gets tax ID for unincorporated association by having secretary person allow use of his SSN, to then get tax ID for unincorporated association. Then fire the secretary and hire a new secretary. Dennis manages association as treasurer. The association is not “owned” by Dennis. Board of Directors is appointed, typically having president & secretary & treasurer. Can have as many members as desired. Only treasurer manages bank account, with sometimes secretary also allowed to sign checks jointly with treasurer.
[ Jon from Colorado sees difference with trust structure is existence of the tax ID in what Dennis is describing. Why couldn't something similar be done within a trust? Or, why not have a LLC (with a tax ID) own a trust that holds the assets (like a car)? ]
Randy asks how unincorporated association protects from creditors better than a trust. Dennis gave example of trust assets seized because trust’s trustee had a judgment from IRS.
Go into California Secretary of State in person, with a unique name that doesn’t tie Dennis to association, and wait three months for paperwork processing. Process can be sped up to a couple weeks by using a company in Sacramento. Typical cost $995. Every five years they pay $25 to state. When Dennis sets this up for someone, he takes care of getting the tax ID. Dennis says to have a will to provide direction.
Deborah says a trust can get a tax ID. Dennis says banks won’t open account for a pure trust, even with a tax ID. Bank will want to see by-laws to know who can sign checks. Get non-interest-bearing bank account. Keep transactions under limit for suspicious reporting.
A difference between incorporated and unincorporated are the higher yearly costs (in California) every year.
Eddie says bank wants to know signor’s tax ID. Dennis says this is only to check if the people often write bad checks. Dennis agrees signers need to provide tax ID.
Dennis says in twenty years he has never filed taxes on the associations.
Required filings: statement & registration with secretary of state. Every five years send state $25.
Can establish in other states if they have agent for service of process.
Eddie asks Randy how it will have access to courts and do business. Dennis says use a DBA (Doing Business As).
Stamps non-redeemable on Federal Reserve Notes before depositing. This makes them not income when deposited in bank account.
Randy asks: what advantages to adding members to the association? Dennis says he could put all conference attendees in the association and give them access to new material. No tax benefit to the members.
Phone caller Carlos asks for more information. Dennis provides contact info mlgnow at gmail . com.
Carlos is selling home. Dennis suggests “123 LLC” (which is real). Set up “123 LLC” association and “123 LLC” nonprofit. When selling house, deposit check in association bank account.

HOUR 2

66:00

Eddie provides update on traffic seminar materials. New motions. Working on briefs to be used in case of trial on the merits.
Randy is going to court on Tuesday, and says the new motions will likely not be read by judge. Then Randy will ask judge to step down or bailiff to take judge off bench.
Randy says municipal judges must be elected, though they don’t remember ever voting on these judges. Reference to government code under municipal courts of record.
Randy expects to be found guilty and will sue them in district court, instead of posting bond of double $ to appeal. Eddie says requirement of posting double bond for class C violation in unconstitutional.

79:15
Randy provides update on mortgage fraud.
[ Jon from Colorado: http://en.wikipedia.org/wiki/Unlawful_detainer ]
Good decisions in California about standing. Recently attended hearing on unlawful detainer and how other attorney became upset when the information was presented to judge. Nearly physical confrontation outside court room with opposing attorney. Will bar grieve that attorney.

A couple cases where they could not bring in wet ink signature document. Also several “no answer defaults”.

85:55
Mike in Texas.
Traffic case. Going to court of criminal appeals. Will file “petition for review”, similar to appellate brief. Copied brief filed previously be someone else.
Randy suggests getting O’Connor’s Civil Trials, even an older copy. Will show how to file motions and defend motions.

93:50
Jeff in Maryland.
Randy has not read qui tam action in California.
Qui tam in Tennessee against MERS and banks on behalf of all counties.
Similar action being done in California under false claim act over past ten years. Saying documents are false - beyond just saying they are avoiding the fee.
Filing documents with court is tampering with government document, a felony. Filing false documents and taking property based on that is conversion and aggravated perjury. This furthers ongoing criminal conspiracy. Even if properties have been seized and sold, they can potentially be taken back.
Jeff had Temporary Restraining Order thrown out because magistrate said there was not a statement of irreparable harm.

99:42
Dan in Connecticut.
Good news that hypothetical (discussed on previous show) will soon become reality.
Connecticut Attorney General did report on similar matter. Secretary of State was compiling voter list with demographics and personal information. The list was FOIA’d then used to solicit donations. AG referred this to a prosecutor.
Dan is running a campaign for office. Concerned about retaliation. Says campaign laws are typically violated and he will document this pattern of behavior.

Randy is looking to put attorneys on retainer in each state to check documents before filing with court. Considering training program for attorneys.
“No answer defaults” are so rare that few no how to deal with it. At that point make sure it is done right and do not go pro se. Also, if property has already been sold do not go pro se, use an attorney to make sure it is done right.
Looking to do forensic audits of financial instrument - everywhere it has been transferred.
Looking for way to go after lender, even after house has been sold. Fraud never goes away.

HOUR 3 & 4

5:00
Dan in Connecticut.
Warns about current political climate being negative. Suggests Republicans vote for Peter Schiff.

9:00
Don Terry from Agenda 21 Talk. Don knows about pure trusts. http://www.agenda21talk.com/
Deborah asks difference between private contract pure trust and statutory trust in Texas. No requirement to make private contract pure trust known to state. Can this also be considered statutory trust and not a private contract? Don responds, “What does “declare” mean”?
Deborah reads from Texas Title 9, chapter 112, sub chapter 8: methods of creating trust. “Declaration” is not defined. No filing requirement and not standard form.
[ Jon from Colorado found this link: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.112.htm ]
Randy says corporations have specific structure, and trusts don’t have a specific structure. Trust is a private contract between individuals.
Don does not refer to himself as a “trustee of a trust”. Constitution provides for unlimited right to contract. He describes a trust as, “Private contract in form of pure trust.”
Deborah says following words are restricted when registering names with state: bank, trust.
Don says sitting President can not accept gifts from foreign entities. Older Bush got around this by putting gifts from Saudis into a trust.
Trusts have been used for hundreds of years. Typically trusts have been used to hold something that could have a liability to protect the person controlling it from having personal liability.
Deborah asks Don about California case with private contract trust that court wanted to see. Person had oath of secrecy and privacy, along with trust papers in a locked box. Judge did not order person to open box.
Don describes personal story about child support and child custody. Don said he has oath of secrecy. Judge ordered Don to violate his oath, and asked for time. Judge never brought it up again. Court still does not know even name of trust.
Don mentions Loring’s trustee book available online:
http://books.google.com/books?id=QF4ZAAAAYAAJ&pg=PA48&dq=loring+on+trusts&hl=en&ei=_Ih6TOvvCMH9nAfr6pydCw&sa=X&oi=book_result&ct=result&resnum=6&ved=0CFAQ6AEwBQ#v=onepage&q=loring%20on%20trusts&f=false
http://www.amazon.com/Loring-Trustees-Charles-Rounds-Jr/dp/0735560900/ref=sr_1_1/189-4451331-3186021?ie=UTF8&s=books&qid=1283098799&sr=8-1

112:40
Carlos in California.
Asks about notary working for a company. Randy says it is OK for notary to work for company they notarize for. Can request notary’s journal. Have a 3rd party request it. They may not be allowed to ask why you want to see it.
Randy says to request verification from secretary of state that notary is a valid notary. Generally used when sending notarized documents out of the country.

[For more information on this topic of red-light cameras, see also ROL show dated 20100701 with guests Jim Ash, Mike Kubosh, and Mike’s attorney brother Paul Kubosh (www.nocamerashouston.com). See also the ROL show dated 20100723, Hour 1, at 0hr52m30s for ROL’s response to a question about what to do with a red light camera ticket.]

Deborah and Eddie. Traffic night.

Deborah pays July 24 audio clip of Congressman Pete Stark from California. Health care law is slavery because it compels people to provide service.
Deborah discusses accuracy and accountability in voting.

19:11
Eddie presents federal government lack of jurisdiction to sue Arizona over immigration law. The injunction against Arizona is illegal because federal government has no jurisdiction.
Article 4, Section 4 requires federal government to protect states from invasion.
Article 4, Section 4, Clause 2 says the case should only go to the Supreme Court.

28:15
Deborah discusses lead in water in D.C. that existed for three years.

32:44
Eddie discusses Arizona immigration. Suggests articles of impeachment against President for failure to uphold laws.

35:10
Eddie discusses why Social Security was implemented.
Continues Arizona immigration law discussion.
Deborah discusses inflation tax as a hidden way to pay for federal government programs.
President Wilson signed Federal Reserve Act into law. It was done during Christmas break with few Congressman present.

47:00
Eddie discusses interrogation case from Ohio that went to Supreme Court. Defendant was mostly silent.
BERGHUIS v. THOMPKINS ( No. 08-1470 )
http://www.law.cornell.edu/supct/html/08-1470.ZD.html
Supreme Court is chipping away at Miranda warning. Ruled suspect must pro actively invoke right to be silent.
Rights exist, and should not need to be invoked.

55:50
Discussion of original purpose of Supreme Court life appointment to avoid justices needing to engage in politics.

65:54
Rob.
Describes his story of being under arrest and remaining silent. After traffic violation, he gave personal information “under duress” and the police then didn’t want the information.
Eddie says if they are asking questions (before arrest), invoke your right to be silent.
Deborah describes how the provided information could be used in Fusion Center lookups.
Eddie says police are accustomed to people giving away their rights.

74:17
Julie in Williamson County, Texas.
Traffic violation of turn without signal. Upon pulled over, asked if there was emergency, if they could help, and if they were free to go. Asked police for their ID.
Eddie says there is not a law requiring police to comply with ID request, though it is a common courtesy they are taught.
Police refused providing ID and said it would be on the citation.
Eddie says traffic seminar is a PDF on DVD. Current price is $250. Print it yourself or attend the seminar to get a printed copy. DVD includes seminar audio and sample court filings. OfficeDepot will print the PDF for $21.
Seminars are expensive to produce and there are not currently plans for another seminar this year.

85:31
Doug in Wisconsin.
14th amendment. Considering using Michael Mirras method for debts. Can civil rights be used against a tax issue?
Deborah says with Mirras’ method, they typically violate Fair Debt Collection Practices Act.

Questions swearing to be a US citizen when applying for a passport. Is this not taking a benefit from the government that could then be used against the person by the IRS?
Eddie says this is similar to invoking a jurisdiction you do not have, and why federal lawsuits will not fix the problem.

Caller is trying to disentangle himself from government licenses.
Eddie says information in Cracking The Code is valid and it is essential to recognize status as “non taxpayer”. The difference is not about citizenship, it is about where you are working, do what, for whom. Eddie has not filed tax returns since 1995. Don’t create false filings such as W9s.
http://www.amazon.com/Cracking-Code-Fascinating-Taxation-America/dp/0974393606/ref=sr_1_3?ie=UTF8&s=books&qid=1282905883&sr=8-3

100:38
Erin from Texas.
Lives in Texas with South Dakota vehicle registration. Says South Dakota is “open registration state”.
Appeared at office of Justice of the Peace to clarify the traffic charges. Asks for statute he violated, and they did not provide it.
Using Traffic Seminar materials, caller is looking at clarifying “nature & cause”.
Eddie describes how to use motions in Traffic Seminar and when they should be filed.

112:24
Daniel in California.
Foreclosure unlawful detainer question. Removed to federal court. Judge continued with trial after it had been removed.
Temporary restraining order is typically granted.
Other actions: Motions to recuse and disqualify. Writ of mandamus.

118:20
James from Colorado.
Texas traffic code only applies when in commerce.

Michael (MD) asks [at 0hr37m] about letters supporting the micro-broadcasters. Deborah stress that these letters only pertain to radio (not archive) listeners and says there is now a trust for the Austin micro-broadcaster to give listeners beneficiary legal (co-plaintiff) standing. Michael also asks why the insurance companies are asking questions about the real estate fraud. A: It hasn’t been an issue and everybody has been profiting. Besides, the banks don’t care if the borrower defaults, because they’ve already been paid back. Steve says that predatory lending “dug its heels in” with the passage of the Gramm-Leech-Bailey Act (which repealed the Glass-Seagel Act) and peaked in 2006-2007. Michael’s refinance in 2005 suggests that major fraud occurred. Randy: look at page 2 of your HUD-1 statement and look for extraneous fees. Michael recommends Neal Garfield’s “Living Lives Wordpress” website and Steve concurs that there is a lot of good mortgage information to be found there.

Eddie joins ROL for the second hour. Carlos (CA) asks [at 1hr05m] how to raise certain issues (e.g., where the money comes from, credit swaps) in court. Randy wants to find technology to uncover where the mortgage documents have been. The judges seem to be filing briefs telling the plaintiffs to raise the right issues so that they can rule for them. A discussion of the current predisposition of the politicians and courts ensues. Steve mentions that Wells Fargo was sued in The Hague for international security fraud. Randy claims the real estate market is in freefall. Carlos says he found a great pleading from a high-powered attorney and wants to know if he can plagiarize it. A: Yes. Carlos wants to know why Wells Fargo did not answer his questions (“Are you the holder in due course?”) Randy notes that the case of Tweel v U.S. is often misused. The holding in Tweel states that in an administrative process if Party #1 makes a demand on Party #2, it invokes a duty to respond to Party #2’s inquiries concerning those demands.

Keith (TX) says [at 1hr33m40s] he went to a school of radio and television broadcasting, was promised a job upon graduating, but the school went bankrupt. He had obtained a Sally Mae school loan. Keith is jobless and wonders if he can sue Sally Mae. It is suggested that Michael Mirras is the person to whom Keith should contact.

Sam (TX) says [at 1hr40m30s] he had a similar situation with a trade school as Keith just reported.

Dennis (TX) tells [at 1hr53m10s] about his traffic court appearance in which the judge demanded a guilty/not guilty plea and threatened him with a warrant if he did not. Dennis noted that warrant concerned court appearances and he was already in court and would promise to appear again if need be. This conversation took place outside of the courtroom in the hallway. Randy says that Dennis should (a) file a judicial conduct complaint against the judge for tampering with a witness, (b) file a tort letter with the city (or county) claiming that the judge tried to unduly influence a witness in ex parte hearing in order to intimidate Dennis so that he would waive his rights, and (c) prepare a criminal complaint against the judge for tampering with a witness and take that to the district attorney (and on up to the district judge and grand jury). Eddie chimes in that an information is still required for a plea to be entered.

Craig (OH) adds [at 1hr57m30s] (briefly) on federal student loans.

Author Tom Woods will be in town for symposium (http://WeTexans.com) and will speak at a dinner banquet. Debra Medina will also speak.
Tom has wrote ten books, writes for Lew Rockwell website http://LewRockwell.com/, and recently wrote book Nullification http://www.amazon.com/Nullification-Resist-Federal-Tyranny-Century/dp/1596981490/ref=sr_1_1?ie=UTF8&s=books&qid=1282510522&sr=8-1
Nullification is the response Thomas Jefferson’s suggests when the Feds go beyond their bounds. States should say the Federal law is null in the State.
Tom set up website for State nullification. http://StateNullification.com
Discussion of State nullification resolutions and laws.
Resistance by states five years ago to Real ID Act was recent start to state nullification. California medical marijuana laws are in place, even though the state has lost in federal court.
Deborah says there is resistance to chipping livestock.
Best example of state nullification was in South Carolina when state nullified tariffs in 1830s. Feds agreed to lower tariffs.
http://www.TomWoods.com/
Misinterpretation of constitutional clauses: General Welfare, Commerce

31:55
Deborah asks why does state have monopoly on prosecuting criminally? In civil, people can hire their own “prosecutor” attorney.
Eddie says constitution restricts government, not the people. We the people have failed by not keeping the government bound by the constitution, with recent example being the health care bill.
Deborah discusses repeal of 17th amendment of federal government. http://en.wikipedia.org/wiki/Seventeenth_Amendment_to_the_United_States_Constitution This changed senators from being appointed by state to being elected by people of the state. This effectively removes power of states to have voice in federal government, thus abolishing “state’s rights”. When senators were appointed, the states could recall the senators at any time if senators were voting against state interests. Now the special interests control the senators.
Deborah says Michael Badnarik says 3/4 of states would need to get together, or it could be changed by federal legislators.
Eddie says 17th amendment was implemented in 1913, along with Federal Reserve Act, and 16th amendment (income tax).

47:45
Deborah discusses “crazy laws” article about law against eye rolling.

52:33
Gary from Texas.
Asks Eddie what steps to follow if receiving red light camera citation in the mail. Citation was given in city near San Antonio.
Find out name of camera company that issued citation. Are they licensed to operate as investigative company by secretary of state? It will likely be an out-of-state company that is not registered.
Administrative finding guilt is illegal because it is a bill of attainder.
Kubosh brothers helped Jim Ash have red light cameras banned in College Station. They are now working the issue in Austin.
Where/when was notice mailed from? How to go to local hearing?
Red light city ordinances in Texas don’t have enacting clauses, so they are not laws.

70:25
Janet from Texas.
Concerned about people saying we should throw out the elected people who are doing us wrong, which allows them to stay in office for duration of term. What are remedies for faster action?
Deborah says some cities/states allow recall of elected officials. This is not in Texas. Abolishing or reworking constitution is not necessary, just enforcing what we already have. Bill Still has documentary “Secret of Oz” says we need more laws about debt. Deborah says HJR 192 already says no more debt is allowed.
Forum at http://ruleOfLawRadioFan.proboards.com is hosted by a listener.

79:17
Danny in Illinois.
Traffic ticket question. Found guilty when he did not appear. Says this is civil matter in Illinois. Was served by mail.
Eddie asked if regular mail delivery is OK or if they need personal or certified mail. Listener did not know.
Eddie says anything sent to court should be certified mail. Know what you are getting into before going to court, along with court procedure to be followed. Find where they violated the law or civil procedures.
Charged under state laws. What are the laws? Because it is civil, they can’t arrest you. They can only provide penalties related to your driver’s license.
If a convicted person pays the fine, there is no more remedy except lack of jurisdiction.

91:31
Mark in Wisconsin.
The opposing party waived service, and plaintiff Mark has copy of signed waiver of service. Defendant’s attorney says they will not waive service.
Bar grieve defendant’s attorney that he is misleading the court. Also for lying to his client.
“Move the court to make judicial determination whether waiver of service as signed by defendant will stand.”
Attorney introducing evidence by his own word should be objected to: objection facts not in evidence, objection attorney is testifying and should be a witness under oath to allow cross-examination.

96:02
Sam in Georgia.
Citation for speeding. Citation offense is speeding at 76, though code was not cited. Remarks section contained abbreviations and “estimated speed 85″.
Asked for oath of office of everyone. Asked for municipal insurance policy. Asked for types of radar and subpoenaed radar equipment information. Asked for financials to determine if they have financial instruments. Asked for CUSIP numbers upon bond related to signature on citation.
Told story about questions that were asked of him before court started by a nervous court employee.
Sam says to dress in a suit when going to court. Put everything into filed pleading paper work.
Deborah asks to see case law that says a corporation can not sue a breathing person.

HOUR 3 & 4

5:34
Mike in Texas.
Continuation of previous call about traffic ticket that went to court of appeals who said they don’t have jurisdiction. Going to court of criminal appeals.
Eddie says to check filing deadlines and procedures.

13:15
Ken in Texas.
http://municipalCourtFraud.com to collect people’s experiences in municipal court.

Traffic case with Plano, Texas. Criminal complaints against prosecutor, judge, police, bailiff. Sent letter to city manager and assistant mayor and city attorney replied with: complaints against officials in their official duties has raised no viable facts and raise any complaints in court.
Eddie says courts in Texas are divided about officials committing crime while exercising public duties. They have no immunity, per O’Connor book, that they have no immunity when committing crimes or rights during public office.
Can bar grieve the city attorney. City attorney not allowed to cover for illegal acts of public officials.
Ask district attorney to file charges. If DA refuses, go to grand jury.

26:46
Janet from Texas’ husband Frank.
Concerned that our small victories are not enough to turn the tide of corruption. Suggests people observe government, find violations, and make citizen’s arrests.
Eddie presents information from Larry Nelson on getting appearances with Texas state speaker of house.
Laura.Grable@house.state.tx.us is assistant. Suggests we request accessible access before legislature to address issues.
Frank suggests officials be placed lower than public so public looks down on them.
[ Jon's note: German legislature public viewing area looks down, onto the officials. http://www.bundestag.de/htdocs_e/index.html Same with US Congress public viewing area and Colorado State house public viewing area. ]
Eddie says education of bailiff on his duties will be useful in controlling judges. Eddie suggests patriots take over counties and states like New Hampshire. http://www.freestateproject.org/

38:30
Deepwater Horizon well chief engineer testified alarms had been deliberately disabled for a year. Violation fines had been routinely paid.
Eddie suggests fine cost should be high including any profits.
Deborah says murder charges are appropriate. Questions health effects of dispersants.
Eddie questions for how long seafood will be poison with DNA alterations? Calls it genocide for profits.

45:50
Karl from Texas.
8.5 million gallons of dispersant was used. Equivalent of 1,000 gasoline tanker trucks or nearly three supertanker ships.
Traffic violation for expired tags. Made court appearance and did not enter plea. Filed several motions. Response was that an arrest warrant was issued. Asked to appear at “appearance docket” and resolve it. State you are “making a special appearance under threat and duress not to be considered a general appearance”. Petition or motion for examining trial. Do this all in writing.
Eddie says traffic seminar material is about to be updated with new motions including pretrial motions.
Subject matter jurisdiction is not granted by defendant. They either have it or they don’t.
In personam jurisdiction can be withheld and they can only get it after proving subject matter jurisdiction.
A ticket is not a complaint. 45.18 code of criminal procedure specifies a valid complaint. Information must be filed in all misdemeanor cases.

64:20
Eddie tells Pelosi genie joke.

66:20
Christian from La Porte.
State representative assistant is Laura Grabel 512.463.0610. Ask her to schedule time for appearance before legislature.
Oil in Galveston is worsening. Shrimping is ruined. Clean-up workers are endangered. Asks how to fight the polluting corporations?
Eddie says stand up and fight. Eddie travels without license and without license plate and could be (incorrectly) thrown in jail.

79:13
Michael from Maryland.
Follow-up on call from previous night about Maryland constitution language. Paraphrasing, “the people have exclusive right to regulate police”.
Eddie says police and Texas Rangers are not in Texas constitution.
Question on due process.
In civil there is no accuser as in criminal. Understand the procedural rules.
Criminal requires beyond a reasonable doubt. Civil requires preponderance of evidence.
In traffic violation, can police be both accuser and witness? Check the procedural rules.

91:47
Christian from La Porte.
Had contacted OSHA regarding oil spill. Has contacted Congress about delay of OSHA response.
Deborah says for unsafe corporate practices, a person harmed can file a civil case.
Eddie says federal government agencies are bought and sold by special interests. The legislators are also bought off. We let the legislators too far from our grasp, and they ran off.
Deborah asks about tropical storm and possible evacuation.
Christian says evacuation began two days ago. Says well is still leaking and people are still fishing.
Eddie says oil on water will be picked up and spread to the land. Avoid seafood from Gulf Coast.
Deborah says oil is on New Jersey beaches and approaching New England due to the gulf stream current, which goes to open ocean before New England. Will only eat fresh water fish.
Christian says instead of using ice, the shrimpers use chemical preservatives.

105:27
Ray in Texas.
Friend in Williamson County with DUI and dirty urine. In jail without bond set because of revoked probation.
Violating probation can result in jail without bond.
Deborah says a Texas law allows them to take blood in case of serious accident without consent. This needs to be challenged.
Ray says Austin is designated as a safe area because revolution will begin in Austin. Deborah questions Ray about this statement.
Ray says hurricane will dilute everything, and nature is taking care of itself. Says most patriots are in Austin.
Deborah worries about Houston population leaving and going to Austin. People are controlled by mainstream media. Describes how she was awaken by her husband who heard information on micro-broadcasters several years ago.

Eddie presents common law. Asks how many constitutions have governed Texas. Answer is nine. Eddie reads article 4, section 13 of 1836 constitution, which says English common law should be basis of Texas laws.
1845 constitution did not have the article 4, section 13 text.
Current constitution, footnote 3, says vested rights are not affected by alterations of constitution. Therefore previous constitution enumeration of rights are still in effect.
When the nation of Texas joined the United States, was the new state constitution created fresh or created from building on previous constitutions?
Statutory revisions being substantive changes or unsubstantive changes.
Laws are owned by the people, so why is the legislature sending law to a publishing house that copyrights the law? Secretary of State no longer certifies new laws, and this requirement was apparently not repealed.
US constitution creates two criminal jurisdictions: admiralty/military, common law. How are states creating third jurisdiction called statutory?
Texas constitution does not grant rights to the people, it restricts government actions. Article 1, section 29.

45:24
Daryl in Texas.
Vested rights are inherent and inalienable from our Creator. Asked what we had when England was in control.
We had the rights, but they were repressed.
Daryl asks where Texas has authority to create agencies.
Agencies can not alter legislation.

What is goal of this radio station?
Deborah says it is to encourage people to use the existing system to force authorities to follow the law. Education of libertarian principles. Read Michael Badnarik’s book Good To Be King. http://www.amazon.com/Good-Be-King-Foundation-Constitutional/dp/1594110964 All rights derive from property rights, not from being part of a group.
Randy says purpose is to offer remedies in the law that people can use. The problem is not the law. The problem is the people wallowing in our fear.

69:13
Michael in Maryland.
Agrees with discussion about statutory authority. Maryland constitution Article 1 says government originates from the people and is founded “in compact only”. Randy says compact is the constitution.
“… and instituted solely for the good of the whole”. What does that expression mean? Randy says “whole” likely means government can only work for benefit and prosperity of all, not for individuals and groups to benefit.
Article 5 mentions common law of England. Does this allow gradual shift in common law to allow pre-emptive laws such as driving laws? Eddie says this is his concern about common law - whatever judges say it is. Randy says common law was set in Magna Carta at that time. Eddie uses example of judges in Minnesota doing whatever they want.

78:33
Deborah says common law has foundation in Magna Carta. Eddie says judge is not at liberty to use common law nor statute law to cause harm to anyone.

85:50
Tony from Illinois
Suggestions for Tom Woods and Judge Napolitano and Dr. Graves.
Mentions Texas Education Agency which is making changes.
Deborah says to listen to archives of Gary Johnson’s show.

92:20
Sten in Texas.
Sten is in law school and describes common law burglary. In school they are told everything is codified in statutes. Asked professor why common law rules are emphasized in law schools but in practice common law is not used.
Pursuant to contract law, who is damaged by speeding? Prosecutors claim state is damaged.
Randy asks how is statutory law anything other than limits on government? Sten says some common law is “positive law” that limits government. Non-positive law is a restriction on the person.
People are only free if they know the law and if they can contract away their rights.

105:25
Dominick.
Common law and Magna Carta.
Deborah says before Magna Carta there was no common law, just law of whatever the kings said.

111:37
Mark in Wisconsin.
Sent waiver of service to attorney who offered $500 to end the TCPA claim against creditor. The attorney claimed no more that $1000 can be awarded for violation, even if their are multiple violations.
Eddie says some letters may not be introduced in court if you state in the letter it is non-discoverable.
Randy says Michael Mirras says to those attorneys, “Let’s see what the jury says”.
Deborah says strategy is to get enough money to cover your costs and to have them agree to permanently retire the debt. TCPA says you can get $1500 each time they call and you answer, if you pay per minute on cell phones and if you have sent validation letter and told them not to call.

116:47
Tony from Illinois.
Suggests Blackstone’s Common Theories on Law.

7:35
Randy discusses with Eddie how to correct judge behavior. Go to grand jury for indictment of judge. Existing rules and regulation are enough, if they would be followed and enforced.
Some cases show city attorney can represent state of Texas, even though this violates Texas constitution.
Eddie quotes Colorado grand jury duties.
The problem exists because of lack of our will to enforce the law.

19:12
Nathan from Texas.
Traffic court strategy to attack calibration of radar gun tuning force. Has been told first court, municipal traffic court, is not court of record. Speeding ticket.
Eddie says without a court of record, judge will do whatever he pleases. Need to appeal to county court after losing. Or first file motion to remove to county court before going into traffic court. The motion will likely be denied.
Must have copy of complaint one day before trial, along with an information. Check for these in your court record. Do not plead to anything without knowing with what you are charged. In court, demand to know “the nature of the charge” against you. Demand judge be disqualified for failure to abide by law, if these two are not provided. Be persistent without going to jail for contempt of court.

34:05
Dave Champion http://taxRevolt.us
New book Income Tax, Shattering the Myth.
Dave provides his background, including military service and firearms trainer. Started learning about taxes twenty years ago when running a private business. Book is wrote for average person who does not have a deep background in tax law.
16th amendment. 1916 Supreme Court case with Union Pacific. Justice White wrote decision.
Congress made three “classes of persons” are subject to income tax: non-resident aliens, foreign corporations, US citizens residing abroad with foreign earned income. A fourth was made liable for the income tax: withholding agent (person withholding tax on US non-resident aliens).
Discusses rhetoric of socialism, collectivists, and private property. American’s thinking shifted after 1913.
Largest financial crime in the history of the world.

63:34
1916 Supreme Court case.
Constitution permits two tax classes: direct, indirect. Direct taxes must be apportioned. Income taxes are not apportioned.
Definition of “privilege”. Something an American does not have a right to do. Americans have a right to earn a living.

75:33
Melinda in Texas.
Filed taxes in 2007. Applied for refund based on “OID”. Granted. Then called a frivolous filing and assets are being taken by IRS.
The book is not a problem solving guide for specific problems.

79:05
Melinda in Texas.
Deborah describes her research on OID and frivolous filings. Suggests suing IRS in federal court.
Dave Champion says the tax code does not have a provision for someone not liable to file no return. So filing OID or zero return or anything is not allowed unless a tax is owed. Contact Dave at http://nontaxpayer.org

82:01
Carlos in California.
Did not file for two years. IRS told him to pay and he sent “accepted for value”. Will be selling two houses that are in escrow.
Dave Champion says the escrow agreement required a tax form that was signed with a Taxpayer Identification Number.
W9 independent contractor.

92:51
Sharla from Texas.
How to change W4 status with an employer. Payroll withholding. Refer to chapter in book.
It is illegal for you to fill out W4 and illegal for employer to force anyone to sign it.

95:40
Randy expresses concern about people who go to court and say “show me the law that makes me liable to pay taxes”. Every taxpayer has a “master file” and it has each person in an employment category. The employment category often puts in a code as if the person is working in the Virgin Islands. The IRS person who incorrectly coded the employment category could be sued.
Eddie has not filed with IRS since 1995.
Petitioning IRS to change the employment category code has not caused the IRS to change it. IRS failure to act is violation of federal code. Randy suggests filing “official oppression” against IRS when they don’t change the employment category code.
Randy discusses filing complaint with IRS inspector general against individual IRS workers in Florida. One person was fired.

107:10
Deborah asks Dave Champion how a person without much money can resist an employer who is demanding the person to complete a W4. Give the book Decision Maker to the person in the company.

110:40
Tony in Illinois.
Tony asks for more commentary on W4 and W9 that have already been submitted.
How to open bank account without Taxpayer Identification Number has changed since 9/11. Section 326 of Patriot Act is referenced by banks, but it is incorrectly interpreted. Signature card is a substitute tax form. This enables IRS to perform administrative seizure of account funds without judicial review.
Keynesian and income taxation go together.
Deborah says illegal aliens can open bank accounts with taxpayer number or ID.
http:///nonTaxPayer.org

5:15
Matt Medina and Joseph from We Are Change San Antonio.
Tickets for signs during a rally. Tickets were for violation of commercial signage regulations. Tickets dismissed.
April 11 they were near Alamo displaying a 9/11 banner. Park police confronted them and wrote the tickets under city ordinance.
They went to court and pled not guilty. In July they appeared for court and the case had already been dismissed.
Randy suggests they file charges against the officer.
Description of more sign-waving and mega-phone usage at events. Say that most officers are supportive and most city police believe 9/11 was an inside job.
City ordinance is only binding on city employees and contractors, not the public.

21:00
Matt Medina and Joseph from We Are Change San Antonio.
Continuing to hand out DVDs and bull horn at Alamo Park.
They have passed out 10,000 DVDs.
Starting Baptist Patriots to attract Christians to the movement.
False imprisonment and malicious prosecution lawsuit could be filed. In Texas, giving a citation is an arrest.
Go to chief of police and demand an explanation of the original tickets.

33:25
Audio clip from Michael Savage about allowing immigration and welfare. Shows how we got into the current mess of what America has become and how we suffer through bad laws.
Deborah says capitalism and free markets are different things. We really want a free market.
Eddie says we should talk to people to educate them.
Handout slavery mentality.
Welfare mindset. People say they don’t have same opportunity due to past things. These same people will get money from the government and be slaves to that money.
Is forced slavery or voluntary slavery worse?

46:30
Frank in New York.
Taking a stand on right to travel in Highland, New York.
Parked in Sunoco gas station and spoke with police on two different days. Expected to be arrested by someone who would make procedural mistakes. No license, no insurance, no registration. Vehicle towed.
Randy previously recommended a tort letter to tow company.
Eddie asks if officer asked who owned car. Yes.
Frank did not drive in front of them. Frank was given tickets. Eddie asks if issuing a citation is “custodial arrest” in New York. If it is a custodial arrest and they did not witness a crime, they may have false imprisonment, aggravated assault, abuse of official capacity, criminal conspiracy (two officers), grand theft auto.
Another listener suggests looking at New York Penal Code 195 for Official Misconduct.
Frank has filed affidavits and made appearances.
Frank asks about procedure when going to court. Frank should find proper format for criminal complaint and write complaint against officer. Signed, notarized, and hand in along with pleadings. Find out requirements for subpoena of evidence.
Frank says they did not point their cameras at his plate. Frank can take his own pictures and in court ask if they recognize the plate.
Randy suggests caller read New York Code of Criminal procedure, twice. Deborah suggests reading New York transportation code.
Title 49 of federal law is the start of all State motor law.

70:18
Steve in Texas.
His car hit by car a year ago. Was ticketed and car was towed (against his objections) from private property.
Eddie asks on what grounds he stated he could take the car. Go after police and tow truck driver for theft of vehicle, armed robbery, aggravated assault, aggravated perjury, malicious prosecution. Also sue. Learn the basics from Jurisdictionary and get O’Connors Causes of Action.
Two years to bring civil action.

79:45
Christian in La Port, Texas.
Says tar balls have reached Galveston.
Summarizes a newspaper article about BP chemical release in Texas City that is unrelated to oil well leak. Comparison to Bhopal, India chemical release.

91:56
Bill in Texas.
Recommends activated charcoal and food grade bentonite clay for internal use.
Ticketed in Georgetown (municipal). Officer used electronic printing machine for ticket. Says ticket states the person agrees to appear in court.
Read Texas Transportation Code 54300[5,6,8].
Go as soon as possible and demand to see a magistrate. Just before closing the judge may have already left. Take something to file and get it stamped by the court. Randy suggests filing motion to disqualify prosecutor and motion to show authority (city attorney may not represent State), lack of subject matter jurisdiction for failure to apply all administrative duties.
Asks about Motion to Quash. Randy describes format of a motion - the parties, brief statement of facts, tell court what you want them to do, give supporting law for request, ask the to do it “the prayer”.
O’Connors Forms has many examples, though not everything.
Bill was also cited for driving with expired inspection, though it is illegal to display an expired inspection sticker.

11:46
Ramone in Austin, Texas.
Soon to be in foreclosure. Has sent certified letter requesting note for inspection. Uniform Commercial Code lack of presentation of instrument.
Randy has another approach of asking them to prove they have real standing and someone else won’t also try to collect the debt.
Randy says to sue them before you are behind in payments. Randy provides example of someone who was not behind, sued, and received offer from their attorney to modify the note. Deborah says it is better to file early and be the plaintiff.
Randy says to take a few hours to read the Real Estate Procedures Settlement Act.
Randy says to find similar foreclosure cases and read them.

HOUR 3 & 4

4:10
Garry from Georgia.
In States that have non-judicial foreclosure, before getting behind on payments people should make sure lender has complied with all laws. Sue the lender. In pre-trial discovery ask for documents.
Federal crop insurance corporation vs. Merrill, 1947, cited 1000+ times. Supreme Court said government must abide by law even if agent misrepresented truth, therefore when dealing with government people must ensure agent is acting correctly. Law of estoppel.
For traffic laws, people should ask for certified authenticated copy of regulations that implement law that require people to get drivers license and vehicle tags.
Agencies can not make laws, only regulations.
“Turning square corners” means government must follow what law says, not to add/subtract from it.
Person can counterclaim at any time against opposing party until their is a judgment.

19:52
Mark from Wisconsin.
Asks for Randy to visit Wisconsin Supreme Court and explain “turning square corners”.
Describes Wisconsin Supreme Court rulling on unconstitutional vehicle search acknowledged as illegal, but not thrown out.
Mark cites similar case with searching a drug house with unconstitutional search.
Randy suggests filing criminal charges against Supreme Court justices.
Mark says Supreme Court reviews judicial complaints.
Randy says filing presenting criminal complaints to grand jury.
Everyone, including Supreme Court justices, is afraid of grand juries.
Caller asks Randy if it is too late to change the system. Randy says to use the grand juries because it is outside reach of the branches of government. Take them on for official misconduct and official oppression.

31:25
Mike from Texas.
TSA in Austin stopped him for water bottle. Ticket without charges.
Requested magistrate at arraignment. Denied.
Asked for court reporter. Denied.
Asked to know charge. Denied.
Motion for dismisal. Denied.
Judge-like person entered plea for caller.
Caller asks how to prevent this from going to pre-trial, or what he should now do because he has appeared as specified on the ticket.
Randy says don’t be magistrated, ask for “examining trial”. Eddie agrees.
Eddie says without charging instrument, court lacks subject matter jurisdiction. In Texas there must also be an information to accompany a criminal charge. In Texas there must also be an indictment because law says all criminal cases must be presented to grand jury and indictment handed down by the grand jury. Potential criminal charges against prosecutor and judge. File suit and criminal charges against judge for proceeding without jurisdiction. Use discovery when filing civil suit to get information about person who wrote ticket.
After filing suit, file for temporary restraining order to prohibit city from moving forward until your suit is litigated. In suit, include request for injunctive relief (so they won’t throw it out). If you only ask for monetary relief they will throw it out.
File in district court costs $192. City will then likely want to make a deal.

40:08
Anonymous.
When harassed with police and telling them I don’t want to contract with them or with a court, do what when they proceed anyway?
Eddie asks why are you saying it is contracting? What is the contractual element?
Randy says a contract is only enforceable when something of value is exchanged.
Randy wonders what legal reform movement is trying to accomplish when using contract argument. This is not a perfect world so we need government to enforce rules. Therefore we can’t opt out of the system. Declaring a person private does not make that person private when the person is in public.
Randy says to use statutory law against them.
Caller is trying to be a private, non-contractual being and describes how he is being harassed.
Randy says he has duty to his grand-children to force public officials to abide by the laws. Hiding is not an option for Randy because he has a duty to make this a better world.

55:31
Deborah describes email about courts not having authority. Other than courts, we still have Constitution and laws that make courts legitimate. If you don’t agree, then you need to find somewhere else to go that is not already regulated. Deal with what we have.

65:02
Jamie in California.
State issue with litigant in different state. At time of occurrence litigant was in the state. No longer resides in state.
Question about personal appearance of disabled person. Do disability laws apply?
Randy says to review Americans With Disabilities Act. Give judge reasons from the act so the judge can do something different and make accomodations. Judges need parties to bring relevant law to the judge.
How to file these motions: three copies, three envelopes, one to opposing attorney, one to yourself, one to file with court. Have the envelopes delivered to clerk and stamped by clerk of court and then mail the two with one for court staying with clerk of court. Get certificate of service for the two that are delivered.
Randy describes parts of motion and purpose of motion. (See 91:56 of hours 1 & 2.)
Tell public defender to file the motion or threaten with a bar grievance.
Caller asks about subpoenas. How to get fraudulent contracts in their names.
Request them with specificity. There is difference between contract and implied duty (of government).

82:25
John from Colorado.
Property tax payment with dollar coins was refused. County threatening to seize property. Federal code for legal tender.
Randy says legal tender does not apply because it is state. Use state UCC to show debt has been discharged. Property tax is authority of state, so federal does not apply. Can’t immediately bring in federal law when state has jurisdiction.
Don’t file Lis Pendens without showing just cause. First file suit, then there is a valid Lis Pendens to cloud the file. It is relatively easy to file civil suit.
Caller asks what is practicing law without a license?
Just don’t put your name on any filed documents, and don’t sit with them or communicate with them while in court.

91:31
Dave in California.
What is statute of limitations for code enforcement violation in incorporated city in California?
In Texas it is two years. In civil it is typically wrote in the law.
Caller says non-operative vehicle on his property. Caller was cited in 2007. After three years they are pursuing the civil charge.
Read the statute under which charge was made. California Constitution has an enacting clause, so the code is likely not valid on the people.
If they are trying to collect a debt, read the Michael Mirs information.

95:13
Carlos in Caifornia.
In reference to previous caller, if you file anything on title in California, it is slander on title and they will sue you.
Foreclosure question about addressing judge when judge is not following law.
Randy says in unlawful detainer, court can only decide who has right to lawful posession. Judge can not rule on other issues. Person could have filed in district court and filed stay in this court.
Agenda 21 contact is admin@agenda21talk.com

Randy will do mortgage seminar in San Diego on July 24.
Randy is stopping foreclosures in their tracks by suing the lender. Describes some successes including defaults.

100:45
Bill from Texas.
Asks for details on bar grievances.
Randy says every state bar website will have a form. File them quick and often. Bar grievances are secret which works against attorneys because their insurance companies will drop them if too many are filed (regardless of outcome of grievance). Nine malpractive underwriters in USA, which are backed by Lloyd’s of London. They all have similar requirements.
Judicial conduct complaints file judges for their career.
File separate bar grievance for each claim. Don’t file them all at once. State claim in form from standard of ethics.
Filing bar grievance does not have impact on related trials.

112:53
Randy describes more mortgage fraud successes.
If your house is going to foreclosure sale and you haven’t done anything, at least go to foreclosure sale and wave around a red folder with papers and state “this house is under suit and if you buy this house you get the suit”. Then sue the lender which prevents them from doing anything to property. Therefore you stay in the property while litigation is scheduled.
In next two years, expect median housing price to drop to 30% of 2008 highs.

Rob (CT) [at 0hr34m20s] works with http://www.ctelectionaudit.org and says that 10% of the votes are recounted during a recount in Connecticut and the problems with that system. Karen notes that in some parts of New Hampshire they still hand-count the ballots. She STRONGLY advocates for this approach. She also gives a thumbs down to early voting because (logically enough) of the loss of sight of the chain of custody.

[NOTE: Although only a half-hour long, this is a great interview. I find Karen’s and Deborah’s logic unassailable that the chain of custody of the original ballots and their counting must have rigid oversight. On the nitpicky side of things, I am a little confused by a couple of Karen’s statements. For instance, she mentions that there are laws making vote-selling illegal. Chicago politicians are renowned for encouraging the electorate to “Vote early, vote often”, but in most parts of America I believe it would be considerably more difficult to change one’s vote after the fact. To whom the typical voter would sell his/her vote is open to debate, particularly if doing so is a crime. I also believe that the logic of outlawing vote selling is open to debate in a free market culture. What is not open to debate is the unabashed hypocrisy of legislators: vote selling is exceedingly commonplace in their workplace (i.e., the 51 capitols). Another matter that I have long had my doubts about is secret ballots. This concept, almost idolized today, was once held in disdain. In earlier days Americans electors were unashamed to communicate how they voted, and why, to their neighbors. This sharing of information led to a highly informed and honorable electorate. (Of course, they did not have millions of foreigners secretly voting.) The vast majority of today’s voters invest great emotion but little thought into the issues they vote on. I believe they feel powerless about a system that affects their lives. Everyone wants to feel in control, but often without the hard work required to attain it. Voting serves this purpose. One can do nothing more than cast a ballot into an ocean of ballots and pretend one is a blessing to one’s countrymen, all the while leaving Big Brother firmly entrenched. Perhaps there is a better alternative. I prefer the nullification concepts of Jefferson, Madison, and Thomas Woods. (See the 20100723 ROL show.) As a personal aside, I still find my idea (see comments of the 20100802 ROL show) worth contemplation: anti-election fraud websites run by private citizens. But the chain of custody for ballots and ballot counting, as Karen and Deborah state, reigns paramount.]

Randy tells us [0hr46m30s] about Saturday’s RemediesInRealEstate (RIRE) seminar at the Windham in Austin and that a mortgage holder would have to be in a coma to not be angry at his/her lender. The fraud is far more extensive than we can imagine. Twelve RIRE clients have gotten no answers to their complaints against their lenders. Randy explains why no answer defaults are so rare: they are a raw deal for the defendant.

Continuing, Randy tells [at 1hr04m] how a half million dollar mortgage can engender a $14,000,000 lawsuit. Some damages must be awarded as stipulated by law and some (e.g., triple the amount of the damages because of fraud) invoke the judgment of the court. Chiefly, it’s the delay that RIRE is hoping for. That keeps the homeowner in the house without making any further mortgage.

Greg [at 1hr21m] wants to be a ROL call screener. He also was given a ticket for playing guitar in public for tips. Eddie notes that city ordinances do not apply to Greg. City ordinances are not a law and are therefore illegal per the Texas Constitution, Article 3, section 29 and Article 1, section 29.

Gary (Austin) [at 1hr28m] will be at Randy’s seminar and says that real estate forensic appraisers will be there.

Denise (OR) [at 1hr32m50s] wants Randy to look at her mortgage/foreclosure situation. There is time for the qualified written request. Denise should sue immediately. Randy gives the definition of the word of art “qualified written request” as a letter to the lender claiming that there is an accounting error and demanding that the lender correct the error. Randy describes how RIRE is an evolutionary process: each response to a lawsuit suggests an area for RIRE to cover in the next lawsuit, beating the defendant to the punch. Denise knows someone who was foreclosed upon before she had heard about it.

Eddie discusses [at 1hr48m] a client who was told by the traffic judge that the court was going to use the ticket as the complaint and the legal problems surrounding that matter. Eddie suggests the client file a criminal complaint against the judge.

Robert [at 1hr56m30s] asks about his chapter 13 bankruptcy situation.