June 7, 2024 • 31 mins
Join Phil Silberman and Austin Black in Episode 21 of the 'Weekly Docket' as they discuss the lifetime ban of a San Diego Padres player for betting on baseball and the controversial due process violations in Trump's trial. Get insights into what buyers should be aware of when purchasing property through an HOA foreclosure auction. Plus, Phil and Austin rant about the NFL's hypocritical stance on violence against women. Don't miss this episode filled with legal analysis, expert advice, and lively discussions!
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Episode Transcript
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phil-silberman_3_06-06- (00:04):
Welcome to the Silberman Law Firm's
Weekly Docket, Episode 21, wherewe talk legal news and practical
law.
Today is June 6, 2024, and I'myour host, Phil Silberman, owner
of the firm, and I'm joined bymy co host, Austin Black, who
works in our Dallas office.
How are you doing today, Austin?
austin_3_06-06-2024_130644 (00:22):
I'm doing just fine, rooting for the
Mavs to bring home a win inBoston tonight.
phil-silberman_3_06-06-20 (00:26):
Yeah, go Mavs.
What's on our docket today, Mr.
Black?
austin_3_06-06-2024_13064 (00:30):
we're going to be talking first about
the San Diego Padres player, whoreceived a lifetime MLB ban for
betting on baseball.
we'll be going over what the banspecifically was.
And then, talking about probablythe biggest legal news right
now, which is, Trump's, trial inNew York, where he was convicted
(00:50):
of a numerous amount of, felonycharges, and exactly what that
means.
and our take on it, we'll begoing over our legal questions,
section, specifically, whatbuyers should be aware of when
they purchase property throughan HOA foreclosure action.
When you do that, are you justgetting a really cheap house or
are there potential strings thatcome with that?
and then in our Rant and RaveWe're a little bit late on this
(01:13):
subject, but we're going to betalking about the NFL player who
gave a commencement speech, thata lot of people were upset about
when he was praising his wife.
but the NFL seems to be prettyokay when their players are
beating their wives.
phil-silberman_3_06-06-2024 (01:25):
All right, but let's go ahead and
get Started with our legal newssection, and we've got the San
Diego Padres player justreceived a lifetime ban from
Major League Baseball.
big news.
It would have been bigger.
He really wasn't very good of aplayer, but We'll talk about
him.
We'll get to him in a second.
Okay, but before we did, we diginto that.
I want to talk to you a littlebit about the history of
(01:48):
gambling in baseball.
Now, Austin, I know you don'tknow a lot about sports, but
have you seen filled of dreams?
austin_3_06-06-2024_130644 (01:54):
I have not seen Field of
phil-silberman_3_06-06-20 (01:55):
Okay,
austin_3_06-06-2024_130644 (01:56):
I'm
phil-silberman_3_06-06-202 (01:56):
that does not surprise me because.
Field of Dreams was pretty muchwatching corn grow for half the
movie, But we're going to go wayback on this one to 1919.
And there was a White Soxscandal, okay?
And there were like six WhiteSox players, including Shoeless
Joe Jackson.
And Shoeless Joe Jackson was afamous player, and he was
(02:18):
famously in the movie Field ofDreams.
not literally in the movie, buthis character was in Field of
Dreams.
And the idea of these six guys,who played for the White Sox,
conspired to throw the WorldSeries for money.
Okay.
And they call them instead ofthe white socks, they call them
the black socks, obviously aplay on doing these unscrupulous
(02:38):
activities.
So they conspired with thisinfamous mob boss.
Okay.
And this is one of these thingsI'm ashamed to say, obviously I
have a Jewish background.
and Mr, Arnold Rothstein was oneof these guys.
he was named or termed thebrain.
And he was the, basically thehead of the Jewish mafia in New
(02:59):
York.
And these white socks, ballplayers got together.
to throw the world series.
And the Major League Baseballfigures it out.
And there's actually a criminaltrial.
And this criminal trial isdeemed to be baseball's trial of
the century.
And they charge these White Soxguys with conspiracy to obtain
(03:21):
money by false pretenses or viaa game of confidence.
a swindle in which the victim ispersuaded to trust the swindler
in some way.
this is the original con gameright here in 1919.
I tried to find that violationin some penal code in Illinois.
(03:41):
I could not find any modernversions.
of that criminal act.
But conspiracy obviously stillexists under the law.
as far as I can tell, thiscriminal violation would be
closest to just criminal fraud,essentially.
austin_3_06-06-2024_13064 (03:56):
Makes sense.
phil-silberman_3_06-06-2024 (03:57):
but here's the news.
They were all acquitted, so theyget off scot free, but they were
banned from baseball for life bythen Commissioner Kennesaw
Mountain Landis.
I, is that a real name, Austin?
I don't know.
austin_3_06-06-2024_130644 (04:13):
It must be.
I don't know why you'd namesomeone that, but, go for it,
phil-silberman_3_06-06-20 (04:17):
maybe he was native American.
And, that was the first banningof baseball for gambling.
and it didn't stop people fromgambling though,
phil-silberman_4_06-06-2024 (04:28):
And one of the most infamous
examples we have in kind of themodern era is Pete Rose.
all time hit leader in MajorLeague Baseball with 4, 256
hits.
but he had a gambling problemand he bet on baseball.
So he received a lifetime banfor betting on baseball.
(04:49):
he denied it for like years andyears, but then he wrote an
autobiography where he admittedit.
So I'm not sure if.
He wanted to do that to sellbooks.
They caught him through a seriesof investigations, gave him a
lifetime ban.
we have a Major League Baseballrule, MLB rule 21.
austin_4_06-06-2024_131924 (05:06):
it says, quote, any player, or club
or league official or employeewho shall bet any sum whatsoever
upon any baseball game inconnection with which the better
has a duty to perform shall bedeclared permanently ineligible.
phil-silberman_4_06-06-2 (05:19):
pretty simple rule.
You bet on baseball, you're out.
and there was, no evidence thatPete Rose ever bet against
himself.
Or against his team.
does that matter to you?
what if he was like, I'm sogood.
I'm betting on myself to win.
austin_4_06-06-2024 (05:35):
Personally, I wouldn't care about it, but I
can also see how in thesituation, if there are people
who would be, I don't know, moreit would give him more of a
motivation to throw games,right?
phil-silberman_4_06-06-202 (05:49):
Then we've got the Shohei Itani
incident.
great ballplayer for the Angels.
He's currently the designatedhitter.
That's really just because he isa phenomenal pitcher.
He injured his shoulder, so he'snot able to be on the mound
pitching in 2024.
So he's just going to hit, in2023, he led, baseball in, on
(06:10):
base percentages.
So phenomenal player Otani'sfamily was linked to gambling
activities through the player,though Otani himself.
Was not actually linked to it.
Shohei Otani's interpreter tookthe fall on this deal.
He was accused embezzling money,pleaded guilty in federal court
(06:30):
on charges related to theft.
Nearly 17 million from show.
Hey, that's a lot of gambling ifthat's what they used it for.
And Hey, the word on the streetis if you're an athlete, you've
got to have a fall guy.
austin_4_06-06-2024_13192 (06:45):
Yeah, that's a good
phil-silberman_4_06-06-20 (06:46):
maybe that was part of the deal.
You're going to be theinterpreter.
You get to steal a bunch ofmoney or get paid a bunch of
money.
but if anything, when the, youknow, what hits the fan.
You're going down.
So maybe that was the deal.
Scandal was uncovered throughsome financial audits.
Shohei comes out of thatunscathed by Major League
(07:06):
Baseball, but maybe hisreputation is a little
tarnished.
So now we get into this recentnews, by much lesser ballplayers
that frankly, no one reallycares about, but made the
headlines.
Tukapito McCarno, we're gonna gowith that, was banned for a life
Venezuelan ballplayer, belowaverage, second baseman played
(07:27):
for the Pirates got a lifetimeban recently.
He had like low 200 battingaverage to show you how good
this guy was.
he's a major league ball player,so give him some credit.
austin_4_06-06-2024_131924 (07:36):
your word for it that that's
phil-silberman_4_06-06-2024_ (07:38):
He was on the injured reserve.
He wasn't even playing and hejust started betting 387 bets,
some of them on his team, but hewasn't playing in the games.
He bet, over 150 grand.
I think the data we have isthat.
he did not win.
We have a statistic here.
austin_4_06-06-2024_131924 (07:56):
he won just 4.
3 percent of his wages.
phil-silberman_4_06-06-2024_ (07:59):
3.
so let's break that down.
Just use round numbers.
If the guy bet 100 times, helost, let's just say 95 of those
times,
austin_4_06-06-2024_13192 (08:11):
yeah, let's be conservative.
phil-silberman_4_06-06-2024_ (08:12):
so he was almost as bad a gambler
as he was a baseball player.
austin_4_06-06-2024_131924 (08:17):
So they just banned him from
playing baseball,
phil-silberman_4_06-06-2 (08:20):
that's like a big deal.
that would be like you beingbanned from being a lawyer.
You got your bar card pulled.
You're out,
austin_4_06-06-2024_131924 (08:25):
no.
I get that.
I get that.
I feel like maybe they should'vejust banned him from gambling,
and that would've helped him,
phil-silberman_4_06-06-2 (08:31):
right?
I don't think they have thepower to do that.
and this brings us to a legaltopic.
The power to regulate theseballplayers is based on a CBA, a
collective bargaining agreement.
And in the law, if you haveunionized.
Employees, which in this case,the major league baseball
players are in fact unionized.
(08:51):
So the union appoints somemembers, they bargain
collectively on behalf of allthe ballplayers.
With Major League Baseball andin the contract, in the union
contract, it states explicitlyprohibits gambling and, players
agree to those terms.
So we were not able to find anymodern legal cases of these of
(09:13):
like Pete Rose or Tuco gettingbeing charged with criminal
prosecution.
That could have been from thefact that they tried it in 1919
to criminally prosecute.
These guys didn't work.
Jury acquitted him and maybeafter the Black Sox scandal in
1919.
Prosecutors have been veryreluctant based on that.
They figured we're not going toget a jury and in today's era,
(09:36):
right?
The era of draft Kings and fanduel and all that good luck
getting a jury to some guys whogambled,
austin_4_06-06-2024_131 (09:45):
convict
phil-silberman_4_06-06-20 (09:45):
Yeah, to convict him.
they may take it a little moreserious if they gambled on
themselves.
I think this is the part of theshow Austin, where we need to
say.
If you have a gambling problem,go find a number to get help.
I don't have that number, but ifyou have a gambling problem,
there's a number out there,
austin_4_06-06-2024_131924 (10:02):
the number is 800 GAMBLER, by the
way, in case anyone
phil-silberman_4_06-06-2 (10:06):
That's actually the number.
austin_4_06-06-2024_131924 (10:08):
Yep.
phil-silberman_4_06-06-2 (10:09):
that's terrible.
Like, I mean, what's the suicidenumber?
Like, like 1 800 KILL YOURSELFor something?
if
austin_4_06-06-2024_131924 (10:15):
I did hear a story though about
someone who called the suicidehotline recently and no one
picked up.
And they just thought that wasso funny that they didn't move
forward with committing suicide.
phil-silberman_4_06-06-2024_ (10:23):
we got to talk about Donald Trump,
if you've been living under arock, Trump was tried in New
York for, some 130, 000, somehush money paid to a porn star,
Stormy Daniels.
The hush money payments are notillegal.
The New York prosecutor had tocharge him with something.
They charged him with falsifyingbusiness records, which is just
(10:45):
a misdemeanor in New York.
There had to be another crime.
associated with that falsifyingbusiness records to raise it to
a felony.
So Trump gets convicted, jurycomes back guilty on all 34
counts.
That was surprising to me.
Trump, of course, said the wholetrial's rigged.
The judge is out to get him.
And I'm not a Trump fan,alright, in full disclosure.
(11:09):
But I did not like this trial.
It felt like politicalpersecution.
austin_4_06-06-2024_131924 (11:15):
it is strange to me and it seems
like they're grasping at straws.
And then we're about to talkabout, even with this one, there
were procedural issues with it.
phil-silberman_4_06-06-2024_ (11:23):
so here's the legal theory and the
idea if this is gonna getoverturned.
Here's the best idea that I'veseen, and these are not my
original thoughts, is thatDonald Trump did not receive due
process.
And most of that argument isstemming from the fact that he
did not have an opportunity todefend he did not get adequate
(11:44):
notice of the jury charges Anddid not have an opportunity to
properly defend, on that secondcrime.
He didn't get adequate notice ofthe second crime because the
prosecutor, was hiding the ball.
Like no one knew, including theTrump defense, what was this
elusive second crime.
That he's being accused of andthe indictment did not specify
(12:07):
the second crime.
Okay So during the trial it wasonly revealed, you know after
the evidentiary phase And thatwhat was it?
What was the second crime?
It was, crimes unlawful otherunlawful means a federal
election law falsification ofother business records
austin_4_06-06-2024_13192 (12:25):
Yeah.
phil-silberman_4_06-0 (12:26):
violation of tax laws.
So very late in the game, didTrump get notice of this second
crime?
and that's the idea.
Okay.
He wasn't afforded due processand that's why it's going to be
overturned.
Did not have the opportunity todefend.
And, the other concept here is,this thing being unanimous and
(12:46):
if you're a juror in a criminalcase, there has to be a
unanimous decision, not that hewas guilty, but it has to be
unanimous on all of the elementsof the charges.
And we've got some cases onthat.
Cole v.
Arkansas from 1948.
that one established thenecessity of the notice of
specific charges.
(13:07):
And that goes back, that's nottalking about whether it was
unanimous.
That's talking about, did he getnotice of the specific charges
specifically that other crime.
austin_4_06-06-2024_131924 (13:15):
and then it was Shad v.
Arizona in 1991 that addressedthe need for Specifically
unanimity in criminal verdicts,especially when the means of
committing the crimes are broadyou
phil-silberman_4_06-06-2024_ (13:26):
So you got a lot of different
crimes there.
The jury has to be unanimous inthere.
And there's some evidence thatthe judge did not give the
proper instructions to the jury,because I think the jury even
had some questions about it.
and the jury was actuallyinstructed that they did not
need to be unanimous on whatunlawful means.
(13:49):
from a guy myself, from PhilSilberman here in Texas.
I know you think everyone fromTexas is a Trump supporter and
all that, but from a guy who'snot a big Trump supporter, this
has some real problems.
the other thing we're hearing alot is the United States Supreme
Court is going to overturn this.
I don't know if I buy that, butI at least need to address the
(14:09):
theory.
phil-silberman_5_06-06-2024 (14:10):
The theory here would be that Trump
is somehow immune as a previouspresident, from this type of
prosecution.
presidents are, or the idea thatpresidents are immune from all
sorts of crimes is a bitridiculous.
If a president were to commitsome heinous crime.
active murder, then certainlythe president can be prosecuted
(14:30):
for that sort of thing.
I don't think the Supreme Courtis going to just give Trump
blanket immunity.
But what they would do if theywere to take this up is to go
back and have another court lookat whether this second crime
that, that they allegedlyaccused Trump of.
or anything Trump did had to dowith his official capacity as
(14:55):
president, right?
And if it did, the Supreme Courtcould then make a ruling his
presidential immunity.
And that would, no pun intended,Trump the 34 verdict charges,
right?
austin_5_06-06-2024_134938 (15:13):
Yes
phil-silberman_5_06-06-2 (15:14):
here's an interesting idea.
Have you seen what Mike Johnson,Speaker of the House, said about
Trump?
about this case and the, Ithought this was really
inappropriate.
austin_5_06-06-2024_134938 (15:23):
Mike Johnson said, quote, to Fox
News, that he believed theSupreme Court should step in.
On the verdict, I'm implyingthat he may have spoken with
some of the justices aboutTrump's legal issues, which
again, yeah, it just seemsreally inappropriate.
And again, he said, quote, Ithink that some of the justices
on the court, I know many ofthem personally, I think they
(15:44):
are deeply concerned about thatas we are.
So I think they'll set thisstraight.
This will be overturned, guys.
There's no question about it.
It's just going to take sometime to do it.
It's super inappropriate forsomeone in one branch of
government to be talking likethat about Sort of collusion
with another branch ofgovernment.
Yeah.
phil-silberman_5_06-06 (16:00):
exactly.
Our 3 branches of government,executive, judicial and
legislative are supposed to beindependent.
Mike Johnson being part of thelegislative branch is supposed
to be independent of thejudiciary and to imply.
That he has any influence over atribunal.
(16:21):
So I don't know if MikeJohnson's a lawyer.
A lot of them are lawyers.
Like that would be a violationof the Texas rules of
professional conduct to implythat you have some sort of sway.
over a tribunal.
let alone the, to imply that youhave some sort of sway over the
United States Supreme Court, thehighest court in the land.
phil-silberman_6_06-06-2024 (16:40):
All right.
So let's go ahead and answersome legal questions.
Moving on to our next section.
What should buyers be aware ofwhen purchasing property through
an HOA auction?
austin_6_06-06-2024_135725 (16:51):
so an HOA foreclosure auction
usually is instituted due tofees or other sorts of
assessments, that the homeownerhas racked up owed to the HOA,
that they can assess accordingto their bylaws, covenants or
restrictions, right?
The big amount usually comesfrom legal fees that they tack
on to that and so that younotices of this potential
(17:11):
foreclosure or violations andthen interests that are tacked
on to those fees that you'reassessed.
But when those eventually gethigh enough, the HOA institute
foreclosure proceedings againstthe property.
let's say that.
The money that they've racked upfor the foreclosure is like
around 7, 000.
That's a pretty standard amount,unfortunately, most of these
properties that are beingforeclosed on with an HOA
(17:34):
foreclosure auction are notowned free and clear by the
homeowner.
They're subject to a superiorlien, right?
A purchase money mortgage,usually in that situation, for
let's say 200, 000.
And then the HOA's lien on theproperty that they're
foreclosing on is only 7, 000.
So if they sell that property ata foreclosure auction.
don't get the full property freeand clear.
(17:57):
It's going to come subject tothat superior mortgage.
So a lot of people look and theysay, Oh, look, here's a 200, 000
property.
I'm getting for 7, 000.
This is such a great deal,right?
And they purchase it.
they don't realize that it canstill be foreclosed on by that
superior lien.
phil-silberman_6_06-06-20 (18:14):
yeah, that's exactly right.
Let me add just a little bit ofcolor to this and tell you
what's happening.
all over the state of Texas.
you have all these auctionsgoing on at this designated
place, the courthouse in allthese counties across Texas on
the first Tuesday of everymonth.
And everybody who thinks they'regoing to be the next greatest
and real estate investor isgoing to make millions of they
(18:35):
go and flock to thesecourthouses.
Now there are some verysophisticated buyers down there,
but there's also a lot ofnovices.
These novices of thesegreenhorns go into the auction
and a lot of times they don'thave a lot of money to spend.
Do they have their life savingsand they're sitting around the
auction and up comes a propertythat's worth 200, 000 that they
(18:56):
can buy for 10 grand, 20 grand,30 grand, 40 and they're like, I
just bought a 200, 000 propertyfor 50, 000.
yes, I finally done it.
I'm going to, I'm a real estateguru.
And then they quickly figure outthat.
They did not get such a gooddeal.
And that's what's Austin'stalking about.
Turns out that the mortgage, thebank who lent the money had a
(19:20):
superior lien to the HOA fees.
So when they did the HOAauction, that lien was not wiped
out.
So they ended up basicallyoverpaying for property.
Maybe the 200, 000 property theybought for 50, 000.
You know that had a 200, 000lien on it.
So they just threw away 50, 000,right?
austin_6_06-06-2024_135725 (19:42):
then they call us the Monday before
the first Tuesday of the month.
phil-silberman_6_06-06-20 (19:46):
yeah,
austin_6_06-06-2024_135 (19:46):
they're like, my property's up for
foreclosure tomorrow.
What do I do?
And I was like, you should havecalled a lawyer before you
bought.
phil-silberman_6_06-06-2 (19:53):
right.
we get 2 calls, The 1 you'retalking about before the auction
is often the homeowner that'swaited to the last minute.
That's getting foreclosed on.
and then the call we get like aweek after the auction are these
novice investors, like theyfinally figured out, Oh crap, I
just way overpaid for an HOAforeclosure property.
Mr.
Attorney, Silverman Law Firm,Mr.
(20:14):
Black, Mr.
Silverman, please help me andget me out of it.
It's my life savings.
That's the call we get a weeklater.
austin_6_06-06-2024_13572 (20:20):
help.
phil-silberman_6_06-06-2024 (20:20):
how we go about solving those
problems is beyond the scope ofthis podcast.
But,
austin_6_06-06-2024_13 (20:25):
requires some, a lot of negotiations
where the is on the other side.
So yeah, sometimes it can besuccessful and there are things
we can do to help.
We just don't have a lot ofbargaining power usually.
phil-silberman_6_06-06-2024 (20:35):
and I think what needs to happen and
the HOAs don't want this tohappen.
There needs to be a big sign,caveat emptor, buyer beware, the
sign right down to the auctionhouse.
Be very careful when buying HOAforeclosures.
These properties are usuallysubject to a Superior bank loan.
And and I've thought about,going down there to do a public
(20:55):
service like wearing, like theguy on the corner who's come by
the furniture or come bywhatever.
And he's doing a little bit.
I'm gonna go down there with alittle sign says, be careful.
Don't buy these HOA properties.
They're usually I'm doing apublic service.
maybe we should have one of theassociates go down there and do
that as a public service.
I really want to move on to thisa rant and rave section, which
(21:17):
is my Favorite part of the show.
I'm super fired up about this.
harrison butker he's a kickerfor the kansas city chiefs No
one really ever notices thekicker.
All right until he misses It'sonly when you screw up as
someone can take notice.
he was giving a commencementspeech at a Catholic private
college.
Somewhere in Kansas.
I think it's BenedictineCollege.
(21:39):
and he sparked a lot ofcontroversy in this speech.
My favorite thing about HarrisonButcher is his Instagram handle.
buttkicker7 he, He stirred upcontroversy on many things, but
one of the things I want tofocus on that really just got me
fired up is, his quote aboutwomen and specifically his wife.
(22:00):
So I've got the transcript here,and Austin, it's a rather long
quote, but I want you to, forour listeners, I want you to go
ahead and read, because a lot ofthe mainstream media out there
is not giving you the wholequote.
This is the whole quote.
austin_6_06-06-2024_13572 (22:16):
taken bits and pieces of it to make
you, to give you rage bait, but
phil-silberman_6_06-06-2 (22:19):
Right.
Good.
austin_6_06-06-2024_13572 (22:20):
quote is How many of you're sitting
here now about to cross thisstage and are thinking about all
the promotions and titles you'regonna get in your career?
Some of you may go on to leadsuccessful careers in the world,
but I would venture to guess themajority of you are most excited
about your marriage and thechildren you'll bring into this
world.
I can tell you that my beautifulwife, Isabel, would be the first
(22:41):
to say that her life trulystarted when she began living
her vocation as a wife and as amother.
I'm on the stage today and ableto be the man I am because I
have a wife who leans into hervocation.
I'm beyond blessed with the manytalents God has given me, but it
cannot be overstated that all ofmy success is made possible
because a girl I met in bandclass back in middle school
would convert to the faith,become my wife, and embrace one
(23:04):
of the most important titles ofall, Homemaker.
phil-silberman_6_06-06-20 (23:06):
Yeah.
that was him talkingspecifically to the women in the
audience.
And after he, he said thatapplause, we have an applause
lasting 18 seconds after thatquote, I think it was one of the
sweetest things, ever said abouta wife.
Tell me the truth, okay?
You're a young, hip millennial.
(23:27):
is this wrong?
Is this inappropriate?
austin_6_06-06-2024_135725 (23:29):
I don't think that there's
anything wrong with the secondparagraph of that, right?
Where he starts talking about, Ican tell you my beautiful wife
as well, etc.
The beginning where he says, Iwould venture to guess that the
majority of you are most excitedabout your marriage and the
children you bring into thisworld.
I think maybe that's a littlebit Presumptuous, possibly, when
(23:53):
it's at a commencement,
phil-silberman_6_06-06-20 (23:55):
Yeah,
austin_6_06-06-2024_13572 (23:55):
these women have finished their
degree.
and maybe that is true.
Maybe a lot of them are moreexcited about that.
Their marriage and potentiallybeing homemakers later, and
maybe in addition to theircareer, or maybe foregoing it
later.
I don't know, but I do thinkit's a little bit, the venue
that he chose to say this, Ithink may have been a little bit
(24:16):
inappropriate.
phil-silberman_6_06 (24:17):
interesting to me.
So you would have completelyagreed with it if it had been a
speech to like a group ofgraduating high school seniors
in a home economics class.
austin_6_06-06-2024_13572 (24:28):
Sure.
Yeah.
I think that all the outrageover this is ridiculous, but I
think he could have been morediplomatic about where this was
set.
phil-silberman_6_06-06-20 (24:38):
Okay.
All right.
austin_6_06-06-2024_13572 (24:39):
yeah.
phil-silberman_6_06-06-2 (24:39):
point.
I think the whole thing isgreat.
I it did strike me as a look,maybe a little bit,
presumptuous, he does give himsome credits.
Like many of you may go out andget some careers, maybe you're
the presumption is you're morefor those of you that are going
to get careers, you're probablymore excited about the children
you're going to have.
So, I can lend some credibilityto that theory.
(25:02):
So it's controversial.
portraying women as homemakersbeing viewed as misogynistic and
out of touch with modern viewson gender is the rap.
The NFL's response to that,distances itself from Butker's
views, emphasizing itscommitment to inclusion.
the NFL stated very clear thatButker's views do not align with
(25:24):
the league's values of inclusionand diversity.
So here's my take on it.
the NFL doesn't agree with womenbeing homemakers and being this
influential, this rock andsupporter for their husbands, I
guess the traditional role ofthe woman as opposed to the
modern role of women.
(25:46):
But, they're okay.
They Austin, they see the NFLseems to be more okay with
beating your wife or beatingyour fiance or your girlfriend.
Then they don't seem to distancethemselves from that as near as
much as this.
And we've got some exampleshere.
we're gonna go through some ofthese players.
Who have gotten into sometrouble and I would say in
(26:07):
fairness the animals not likethey condone it I just don't
think they're
austin_6_06-06-2024_135725 (26:11):
but did they come put out a
statement saying oh, we stronglybelieve in not beating women.
That happens way more thanpeople coming out, than Interpol
players coming out and giving acommencement speech people may
take as misogyn
phil-silberman_6_06-06-202 (26:26):
well
austin_6_06-06-2024_135725 (26:27):
Hmm.
phil-silberman_6_06-06-202 (26:33):
beat his fiance And got a two game
suspension two games for beatfor beating your fiance That
suspension was shorter than manyother plays players facing drug
charges.
So the idea, the message the NFLis sending there.
Is were, more okay with youbeating your fiance than you are
doing drugs.
(26:53):
2014 San Francisco defensive endRay McDonald arrested for
domestic violence, against,either a girlfriend or a fiance.
and the NFL determined that didnot violate, personal conduct
policies.
another instance in 2014, GregHardy, Carolina defensive, and
(27:16):
assaulted his girlfriend.
This is one of my favorite onesfrom this list.
Used physical force, causing herto land on a futon that was
covered with at least four semiautomatic rifles.
So how many automatic rifles doyou need to throw the girl on?
Okay.
it's just, what?
austin_6_06-06-2024_13572 (27:35):
know.
I'm sure our government willfund a study about
phil-silberman_6_06-06-2024 (27:38):
the NFL here, they originally gave
him a 10 game suspension, butlater reduced it to a four game
suspension.
I, I think the four games werepart of an arbitration,
proceeding.
austin_6_06-06-2024_135725 (27:49):
Are they not doing a game per rifle?
Like, if they say at least four,
phil-silberman_6_06-06-2 (27:54):
Right.
That's what it was.
And this to me, this is theworst one.
It's 2021 22.
Deshaun Watson.
He was the quarterback for theHouston Texans.
That's my home team accused by26 women of sexual misconduct
and harassment.
What he would do, Austin, is hewould go to these massage
parlors, or he would callmassage therapists over his
(28:15):
house.
We have a lot of massage parlorsin Houston, in case you're
wondering.
and then he would, There's somereally gross kind of weird, sick
stuff that came out of it.
I'm not going to go into thedetails.
The NFL gave him an 11 gamesuspension, not a lifetime ban.
if he had been a baseball playerand gambled, he'd have been
(28:35):
banned for life.
NFL is like.
You can do what you want with26, women, you can still play in
11 games.
so that's a little flavor of howthe NFL has handled some of the
violence against women.
austin_6_06-06-2024_13572 (28:52):
yeah.
phil-silberman_6_06-06-2024 (28:53):
And irony here, what gets me fired
up is the NFL wants to distanceitself from the kicker, who's up
there saying amazing, wonderfulthings about his wife.
not beating her, giving her allkinds of glorification and all
kinds of praise.
And they want to distancethemselves from that.
(29:14):
And then meanwhile, they'rebasically slapping these wife
beaters on the wrist.
I guess their idea is, Hey, wegot to let them beat women
because we wouldn't have, verymany players left in the league
if we did it.
it just really gets me fired up.
hear me on this.
If whoever you are, women, men,whoever, if you strongly
disagree with violence againstwomen, you need to not, focus on
(29:37):
this Harris Butker, thing, butyou need to tell the NFL, to
take the plank out of your eyebefore you try to take the speck
out of your neighbors.
And boycott, the NFL and thisTaylor Swift thing, women, you
have made the N-F-L-A-Aphenomenal sum of money with the
whole Taylor Swift thing and theChiefs.
(29:58):
The Chiefs have made a ton ofmoney on that.
austin_6_06-06-2024_1357 (30:00):
Travis Kelsey actually commented on the
Harrison,
phil-silberman_6_06-06-202 (30:04):
what did he say?
What did he say?
austin_6_06-06-2024_135725 (30:06):
he said that personally disagreed
with a lot of what he said, butalso thought that it was
ridiculous how people were,like, judging him on just the
speech made at the commencementthing.
and people are mad at him aboutthat.
phil-silberman_6_06-06-202 (30:17):
they should be mad at these other
guys for beating up theirgirlfriends and fiances.
here's a number for you.
This was an estimate by ApexMarketing Group.
they told, front office sports.
that, the whole Taylor Swiftthing has generated 331.
5 million for the Kansas CityChiefs in the NFL.
if you want to keep making theNFL richer, ladies keep watching
(30:41):
it every time Taylor Swift comeson, but leave this Harrison
Butcher kid alone.
and I think this is just totallycrazy.
I think it's, I think the NFL isa filthy, dirty organization.
That cares more about, money andnot offending people or not
offending a small minority ofpeople than it does.
(31:01):
Actually, properly policingtheir players and disciplining
their players.
So that brings our show to aclose.
I've been your host.
Phil Silberman.
Austin Black has been my cohost.
Like us, follow us, review uswherever you get your podcasts.
Just a friendly reminder.
Nothing in the show is to beconsidered legal advice.
And this has all been forentertainment purposes.
(31:23):
If you have a legal question,email us at info at sylblawfirm.
com and say you want it publiclyanswered in the podcast.
Thanks everybody for watchingand have a great rest of your
day.
austin_6_06-06-2024_1357 (31:37):
Thanks guys.
Bye.
Welcome to the Silberman Law Firm's
Weekly Docket, Episode 21, wherewe talk legal news and practical
law.
Today is June 6, 2024, and I'myour host, Phil Silberman, owner
of the firm, and I'm joined bymy co host, Austin Black, who
works in our Dallas office.
How are you doing today, Austin?
austin_3_06-06-2024_130644 (00:22):
I'm doing just fine, rooting for the
Mavs to bring home a win inBoston tonight.
phil-silberman_3_06-06-20 (00:26):
Yeah, go Mavs.
What's on our docket today, Mr.
Black?
austin_3_06-06-2024_13064 (00:30):
we're going to be talking first about
the San Diego Padres player, whoreceived a lifetime MLB ban for
betting on baseball.
we'll be going over what the banspecifically was.
And then, talking about probablythe biggest legal news right
now, which is, Trump's, trial inNew York, where he was convicted
(00:50):
of a numerous amount of, felonycharges, and exactly what that
means.
and our take on it, we'll begoing over our legal questions,
section, specifically, whatbuyers should be aware of when
they purchase property throughan HOA foreclosure action.
When you do that, are you justgetting a really cheap house or
are there potential strings thatcome with that?
and then in our Rant and RaveWe're a little bit late on this
(01:13):
subject, but we're going to betalking about the NFL player who
gave a commencement speech, thata lot of people were upset about
when he was praising his wife.
but the NFL seems to be prettyokay when their players are
beating their wives.
phil-silberman_3_06-06-2024 (01:25):
All right, but let's go ahead and
get Started with our legal newssection, and we've got the San
Diego Padres player justreceived a lifetime ban from
Major League Baseball.
big news.
It would have been bigger.
He really wasn't very good of aplayer, but We'll talk about
him.
We'll get to him in a second.
Okay, but before we did, we diginto that.
I want to talk to you a littlebit about the history of
(01:48):
gambling in baseball.
Now, Austin, I know you don'tknow a lot about sports, but
have you seen filled of dreams?
austin_3_06-06-2024_130644 (01:54):
I have not seen Field of
phil-silberman_3_06-06-20 (01:55):
Okay,
austin_3_06-06-2024_130644 (01:56):
I'm
phil-silberman_3_06-06-202 (01:56):
that does not surprise me because.
Field of Dreams was pretty muchwatching corn grow for half the
movie, But we're going to go wayback on this one to 1919.
And there was a White Soxscandal, okay?
And there were like six WhiteSox players, including Shoeless
Joe Jackson.
And Shoeless Joe Jackson was afamous player, and he was
(02:18):
famously in the movie Field ofDreams.
not literally in the movie, buthis character was in Field of
Dreams.
And the idea of these six guys,who played for the White Sox,
conspired to throw the WorldSeries for money.
Okay.
And they call them instead ofthe white socks, they call them
the black socks, obviously aplay on doing these unscrupulous
(02:38):
activities.
So they conspired with thisinfamous mob boss.
Okay.
And this is one of these thingsI'm ashamed to say, obviously I
have a Jewish background.
and Mr, Arnold Rothstein was oneof these guys.
he was named or termed thebrain.
And he was the, basically thehead of the Jewish mafia in New
(02:59):
York.
And these white socks, ballplayers got together.
to throw the world series.
And the Major League Baseballfigures it out.
And there's actually a criminaltrial.
And this criminal trial isdeemed to be baseball's trial of
the century.
And they charge these White Soxguys with conspiracy to obtain
(03:21):
money by false pretenses or viaa game of confidence.
a swindle in which the victim ispersuaded to trust the swindler
in some way.
this is the original con gameright here in 1919.
I tried to find that violationin some penal code in Illinois.
(03:41):
I could not find any modernversions.
of that criminal act.
But conspiracy obviously stillexists under the law.
as far as I can tell, thiscriminal violation would be
closest to just criminal fraud,essentially.
austin_3_06-06-2024_13064 (03:56):
Makes sense.
phil-silberman_3_06-06-2024 (03:57):
but here's the news.
They were all acquitted, so theyget off scot free, but they were
banned from baseball for life bythen Commissioner Kennesaw
Mountain Landis.
I, is that a real name, Austin?
I don't know.
austin_3_06-06-2024_130644 (04:13):
It must be.
I don't know why you'd namesomeone that, but, go for it,
phil-silberman_3_06-06-20 (04:17):
maybe he was native American.
And, that was the first banningof baseball for gambling.
and it didn't stop people fromgambling though,
phil-silberman_4_06-06-2024 (04:28):
And one of the most infamous
examples we have in kind of themodern era is Pete Rose.
all time hit leader in MajorLeague Baseball with 4, 256
hits.
but he had a gambling problemand he bet on baseball.
So he received a lifetime banfor betting on baseball.
(04:49):
he denied it for like years andyears, but then he wrote an
autobiography where he admittedit.
So I'm not sure if.
He wanted to do that to sellbooks.
They caught him through a seriesof investigations, gave him a
lifetime ban.
we have a Major League Baseballrule, MLB rule 21.
austin_4_06-06-2024_131924 (05:06):
it says, quote, any player, or club
or league official or employeewho shall bet any sum whatsoever
upon any baseball game inconnection with which the better
has a duty to perform shall bedeclared permanently ineligible.
phil-silberman_4_06-06-2 (05:19):
pretty simple rule.
You bet on baseball, you're out.
and there was, no evidence thatPete Rose ever bet against
himself.
Or against his team.
does that matter to you?
what if he was like, I'm sogood.
I'm betting on myself to win.
austin_4_06-06-2024 (05:35):
Personally, I wouldn't care about it, but I
can also see how in thesituation, if there are people
who would be, I don't know, moreit would give him more of a
motivation to throw games,right?
phil-silberman_4_06-06-202 (05:49):
Then we've got the Shohei Itani
incident.
great ballplayer for the Angels.
He's currently the designatedhitter.
That's really just because he isa phenomenal pitcher.
He injured his shoulder, so he'snot able to be on the mound
pitching in 2024.
So he's just going to hit, in2023, he led, baseball in, on
(06:10):
base percentages.
So phenomenal player Otani'sfamily was linked to gambling
activities through the player,though Otani himself.
Was not actually linked to it.
Shohei Otani's interpreter tookthe fall on this deal.
He was accused embezzling money,pleaded guilty in federal court
(06:30):
on charges related to theft.
Nearly 17 million from show.
Hey, that's a lot of gambling ifthat's what they used it for.
And Hey, the word on the streetis if you're an athlete, you've
got to have a fall guy.
austin_4_06-06-2024_13192 (06:45):
Yeah, that's a good
phil-silberman_4_06-06-20 (06:46):
maybe that was part of the deal.
You're going to be theinterpreter.
You get to steal a bunch ofmoney or get paid a bunch of
money.
but if anything, when the, youknow, what hits the fan.
You're going down.
So maybe that was the deal.
Scandal was uncovered throughsome financial audits.
Shohei comes out of thatunscathed by Major League
(07:06):
Baseball, but maybe hisreputation is a little
tarnished.
So now we get into this recentnews, by much lesser ballplayers
that frankly, no one reallycares about, but made the
headlines.
Tukapito McCarno, we're gonna gowith that, was banned for a life
Venezuelan ballplayer, belowaverage, second baseman played
(07:27):
for the Pirates got a lifetimeban recently.
He had like low 200 battingaverage to show you how good
this guy was.
he's a major league ball player,so give him some credit.
austin_4_06-06-2024_131924 (07:36):
your word for it that that's
phil-silberman_4_06-06-2024_ (07:38):
He was on the injured reserve.
He wasn't even playing and hejust started betting 387 bets,
some of them on his team, but hewasn't playing in the games.
He bet, over 150 grand.
I think the data we have isthat.
he did not win.
We have a statistic here.
austin_4_06-06-2024_131924 (07:56):
he won just 4.
3 percent of his wages.
phil-silberman_4_06-06-2024_ (07:59):
3.
so let's break that down.
Just use round numbers.
If the guy bet 100 times, helost, let's just say 95 of those
times,
austin_4_06-06-2024_13192 (08:11):
yeah, let's be conservative.
phil-silberman_4_06-06-2024_ (08:12):
so he was almost as bad a gambler
as he was a baseball player.
austin_4_06-06-2024_131924 (08:17):
So they just banned him from
playing baseball,
phil-silberman_4_06-06-2 (08:20):
that's like a big deal.
that would be like you beingbanned from being a lawyer.
You got your bar card pulled.
You're out,
austin_4_06-06-2024_131924 (08:25):
no.
I get that.
I get that.
I feel like maybe they should'vejust banned him from gambling,
and that would've helped him,
phil-silberman_4_06-06-2 (08:31):
right?
I don't think they have thepower to do that.
and this brings us to a legaltopic.
The power to regulate theseballplayers is based on a CBA, a
collective bargaining agreement.
And in the law, if you haveunionized.
Employees, which in this case,the major league baseball
players are in fact unionized.
(08:51):
So the union appoints somemembers, they bargain
collectively on behalf of allthe ballplayers.
With Major League Baseball andin the contract, in the union
contract, it states explicitlyprohibits gambling and, players
agree to those terms.
So we were not able to find anymodern legal cases of these of
(09:13):
like Pete Rose or Tuco gettingbeing charged with criminal
prosecution.
That could have been from thefact that they tried it in 1919
to criminally prosecute.
These guys didn't work.
Jury acquitted him and maybeafter the Black Sox scandal in
1919.
Prosecutors have been veryreluctant based on that.
They figured we're not going toget a jury and in today's era,
(09:36):
right?
The era of draft Kings and fanduel and all that good luck
getting a jury to some guys whogambled,
austin_4_06-06-2024_131 (09:45):
convict
phil-silberman_4_06-06-20 (09:45):
Yeah, to convict him.
they may take it a little moreserious if they gambled on
themselves.
I think this is the part of theshow Austin, where we need to
say.
If you have a gambling problem,go find a number to get help.
I don't have that number, but ifyou have a gambling problem,
there's a number out there,
austin_4_06-06-2024_131924 (10:02):
the number is 800 GAMBLER, by the
way, in case anyone
phil-silberman_4_06-06-2 (10:06):
That's actually the number.
austin_4_06-06-2024_131924 (10:08):
Yep.
phil-silberman_4_06-06-2 (10:09):
that's terrible.
Like, I mean, what's the suicidenumber?
Like, like 1 800 KILL YOURSELFor something?
if
austin_4_06-06-2024_131924 (10:15):
I did hear a story though about
someone who called the suicidehotline recently and no one
picked up.
And they just thought that wasso funny that they didn't move
forward with committing suicide.
phil-silberman_4_06-06-2024_ (10:23):
we got to talk about Donald Trump,
if you've been living under arock, Trump was tried in New
York for, some 130, 000, somehush money paid to a porn star,
Stormy Daniels.
The hush money payments are notillegal.
The New York prosecutor had tocharge him with something.
They charged him with falsifyingbusiness records, which is just
(10:45):
a misdemeanor in New York.
There had to be another crime.
associated with that falsifyingbusiness records to raise it to
a felony.
So Trump gets convicted, jurycomes back guilty on all 34
counts.
That was surprising to me.
Trump, of course, said the wholetrial's rigged.
The judge is out to get him.
And I'm not a Trump fan,alright, in full disclosure.
(11:09):
But I did not like this trial.
It felt like politicalpersecution.
austin_4_06-06-2024_131924 (11:15):
it is strange to me and it seems
like they're grasping at straws.
And then we're about to talkabout, even with this one, there
were procedural issues with it.
phil-silberman_4_06-06-2024_ (11:23):
so here's the legal theory and the
idea if this is gonna getoverturned.
Here's the best idea that I'veseen, and these are not my
original thoughts, is thatDonald Trump did not receive due
process.
And most of that argument isstemming from the fact that he
did not have an opportunity todefend he did not get adequate
(11:44):
notice of the jury charges Anddid not have an opportunity to
properly defend, on that secondcrime.
He didn't get adequate notice ofthe second crime because the
prosecutor, was hiding the ball.
Like no one knew, including theTrump defense, what was this
elusive second crime.
That he's being accused of andthe indictment did not specify
(12:07):
the second crime.
Okay So during the trial it wasonly revealed, you know after
the evidentiary phase And thatwhat was it?
What was the second crime?
It was, crimes unlawful otherunlawful means a federal
election law falsification ofother business records
austin_4_06-06-2024_13192 (12:25):
Yeah.
phil-silberman_4_06-0 (12:26):
violation of tax laws.
So very late in the game, didTrump get notice of this second
crime?
and that's the idea.
Okay.
He wasn't afforded due processand that's why it's going to be
overturned.
Did not have the opportunity todefend.
And, the other concept here is,this thing being unanimous and
(12:46):
if you're a juror in a criminalcase, there has to be a
unanimous decision, not that hewas guilty, but it has to be
unanimous on all of the elementsof the charges.
And we've got some cases onthat.
Cole v.
Arkansas from 1948.
that one established thenecessity of the notice of
specific charges.
(13:07):
And that goes back, that's nottalking about whether it was
unanimous.
That's talking about, did he getnotice of the specific charges
specifically that other crime.
austin_4_06-06-2024_131924 (13:15):
and then it was Shad v.
Arizona in 1991 that addressedthe need for Specifically
unanimity in criminal verdicts,especially when the means of
committing the crimes are broadyou
phil-silberman_4_06-06-2024_ (13:26):
So you got a lot of different
crimes there.
The jury has to be unanimous inthere.
And there's some evidence thatthe judge did not give the
proper instructions to the jury,because I think the jury even
had some questions about it.
and the jury was actuallyinstructed that they did not
need to be unanimous on whatunlawful means.
(13:49):
from a guy myself, from PhilSilberman here in Texas.
I know you think everyone fromTexas is a Trump supporter and
all that, but from a guy who'snot a big Trump supporter, this
has some real problems.
the other thing we're hearing alot is the United States Supreme
Court is going to overturn this.
I don't know if I buy that, butI at least need to address the
(14:09):
theory.
phil-silberman_5_06-06-2024 (14:10):
The theory here would be that Trump
is somehow immune as a previouspresident, from this type of
prosecution.
presidents are, or the idea thatpresidents are immune from all
sorts of crimes is a bitridiculous.
If a president were to commitsome heinous crime.
active murder, then certainlythe president can be prosecuted
(14:30):
for that sort of thing.
I don't think the Supreme Courtis going to just give Trump
blanket immunity.
But what they would do if theywere to take this up is to go
back and have another court lookat whether this second crime
that, that they allegedlyaccused Trump of.
or anything Trump did had to dowith his official capacity as
(14:55):
president, right?
And if it did, the Supreme Courtcould then make a ruling his
presidential immunity.
And that would, no pun intended,Trump the 34 verdict charges,
right?
austin_5_06-06-2024_134938 (15:13):
Yes
phil-silberman_5_06-06-2 (15:14):
here's an interesting idea.
Have you seen what Mike Johnson,Speaker of the House, said about
Trump?
about this case and the, Ithought this was really
inappropriate.
austin_5_06-06-2024_134938 (15:23):
Mike Johnson said, quote, to Fox
News, that he believed theSupreme Court should step in.
On the verdict, I'm implyingthat he may have spoken with
some of the justices aboutTrump's legal issues, which
again, yeah, it just seemsreally inappropriate.
And again, he said, quote, Ithink that some of the justices
on the court, I know many ofthem personally, I think they
(15:44):
are deeply concerned about thatas we are.
So I think they'll set thisstraight.
This will be overturned, guys.
There's no question about it.
It's just going to take sometime to do it.
It's super inappropriate forsomeone in one branch of
government to be talking likethat about Sort of collusion
with another branch ofgovernment.
Yeah.
phil-silberman_5_06-06 (16:00):
exactly.
Our 3 branches of government,executive, judicial and
legislative are supposed to beindependent.
Mike Johnson being part of thelegislative branch is supposed
to be independent of thejudiciary and to imply.
That he has any influence over atribunal.
(16:21):
So I don't know if MikeJohnson's a lawyer.
A lot of them are lawyers.
Like that would be a violationof the Texas rules of
professional conduct to implythat you have some sort of sway.
over a tribunal.
let alone the, to imply that youhave some sort of sway over the
United States Supreme Court, thehighest court in the land.
phil-silberman_6_06-06-2024 (16:40):
All right.
So let's go ahead and answersome legal questions.
Moving on to our next section.
What should buyers be aware ofwhen purchasing property through
an HOA auction?
austin_6_06-06-2024_135725 (16:51):
so an HOA foreclosure auction
usually is instituted due tofees or other sorts of
assessments, that the homeownerhas racked up owed to the HOA,
that they can assess accordingto their bylaws, covenants or
restrictions, right?
The big amount usually comesfrom legal fees that they tack
on to that and so that younotices of this potential
(17:11):
foreclosure or violations andthen interests that are tacked
on to those fees that you'reassessed.
But when those eventually gethigh enough, the HOA institute
foreclosure proceedings againstthe property.
let's say that.
The money that they've racked upfor the foreclosure is like
around 7, 000.
That's a pretty standard amount,unfortunately, most of these
properties that are beingforeclosed on with an HOA
(17:34):
foreclosure auction are notowned free and clear by the
homeowner.
They're subject to a superiorlien, right?
A purchase money mortgage,usually in that situation, for
let's say 200, 000.
And then the HOA's lien on theproperty that they're
foreclosing on is only 7, 000.
So if they sell that property ata foreclosure auction.
don't get the full property freeand clear.
(17:57):
It's going to come subject tothat superior mortgage.
So a lot of people look and theysay, Oh, look, here's a 200, 000
property.
I'm getting for 7, 000.
This is such a great deal,right?
And they purchase it.
they don't realize that it canstill be foreclosed on by that
superior lien.
phil-silberman_6_06-06-20 (18:14):
yeah, that's exactly right.
Let me add just a little bit ofcolor to this and tell you
what's happening.
all over the state of Texas.
you have all these auctionsgoing on at this designated
place, the courthouse in allthese counties across Texas on
the first Tuesday of everymonth.
And everybody who thinks they'regoing to be the next greatest
and real estate investor isgoing to make millions of they
(18:35):
go and flock to thesecourthouses.
Now there are some verysophisticated buyers down there,
but there's also a lot ofnovices.
These novices of thesegreenhorns go into the auction
and a lot of times they don'thave a lot of money to spend.
Do they have their life savingsand they're sitting around the
auction and up comes a propertythat's worth 200, 000 that they
(18:56):
can buy for 10 grand, 20 grand,30 grand, 40 and they're like, I
just bought a 200, 000 propertyfor 50, 000.
yes, I finally done it.
I'm going to, I'm a real estateguru.
And then they quickly figure outthat.
They did not get such a gooddeal.
And that's what's Austin'stalking about.
Turns out that the mortgage, thebank who lent the money had a
(19:20):
superior lien to the HOA fees.
So when they did the HOAauction, that lien was not wiped
out.
So they ended up basicallyoverpaying for property.
Maybe the 200, 000 property theybought for 50, 000.
You know that had a 200, 000lien on it.
So they just threw away 50, 000,right?
austin_6_06-06-2024_135725 (19:42):
then they call us the Monday before
the first Tuesday of the month.
phil-silberman_6_06-06-20 (19:46):
yeah,
austin_6_06-06-2024_135 (19:46):
they're like, my property's up for
foreclosure tomorrow.
What do I do?
And I was like, you should havecalled a lawyer before you
bought.
phil-silberman_6_06-06-2 (19:53):
right.
we get 2 calls, The 1 you'retalking about before the auction
is often the homeowner that'swaited to the last minute.
That's getting foreclosed on.
and then the call we get like aweek after the auction are these
novice investors, like theyfinally figured out, Oh crap, I
just way overpaid for an HOAforeclosure property.
Mr.
Attorney, Silverman Law Firm,Mr.
(20:14):
Black, Mr.
Silverman, please help me andget me out of it.
It's my life savings.
That's the call we get a weeklater.
austin_6_06-06-2024_13572 (20:20):
help.
phil-silberman_6_06-06-2024 (20:20):
how we go about solving those
problems is beyond the scope ofthis podcast.
But,
austin_6_06-06-2024_13 (20:25):
requires some, a lot of negotiations
where the is on the other side.
So yeah, sometimes it can besuccessful and there are things
we can do to help.
We just don't have a lot ofbargaining power usually.
phil-silberman_6_06-06-2024 (20:35):
and I think what needs to happen and
the HOAs don't want this tohappen.
There needs to be a big sign,caveat emptor, buyer beware, the
sign right down to the auctionhouse.
Be very careful when buying HOAforeclosures.
These properties are usuallysubject to a Superior bank loan.
And and I've thought about,going down there to do a public
(20:55):
service like wearing, like theguy on the corner who's come by
the furniture or come bywhatever.
And he's doing a little bit.
I'm gonna go down there with alittle sign says, be careful.
Don't buy these HOA properties.
They're usually I'm doing apublic service.
maybe we should have one of theassociates go down there and do
that as a public service.
I really want to move on to thisa rant and rave section, which
(21:17):
is my Favorite part of the show.
I'm super fired up about this.
harrison butker he's a kickerfor the kansas city chiefs No
one really ever notices thekicker.
All right until he misses It'sonly when you screw up as
someone can take notice.
he was giving a commencementspeech at a Catholic private
college.
Somewhere in Kansas.
I think it's BenedictineCollege.
(21:39):
and he sparked a lot ofcontroversy in this speech.
My favorite thing about HarrisonButcher is his Instagram handle.
buttkicker7 he, He stirred upcontroversy on many things, but
one of the things I want tofocus on that really just got me
fired up is, his quote aboutwomen and specifically his wife.
(22:00):
So I've got the transcript here,and Austin, it's a rather long
quote, but I want you to, forour listeners, I want you to go
ahead and read, because a lot ofthe mainstream media out there
is not giving you the wholequote.
This is the whole quote.
austin_6_06-06-2024_13572 (22:16):
taken bits and pieces of it to make
you, to give you rage bait, but
phil-silberman_6_06-06-2 (22:19):
Right.
Good.
austin_6_06-06-2024_13572 (22:20):
quote is How many of you're sitting
here now about to cross thisstage and are thinking about all
the promotions and titles you'regonna get in your career?
Some of you may go on to leadsuccessful careers in the world,
but I would venture to guess themajority of you are most excited
about your marriage and thechildren you'll bring into this
world.
I can tell you that my beautifulwife, Isabel, would be the first
(22:41):
to say that her life trulystarted when she began living
her vocation as a wife and as amother.
I'm on the stage today and ableto be the man I am because I
have a wife who leans into hervocation.
I'm beyond blessed with the manytalents God has given me, but it
cannot be overstated that all ofmy success is made possible
because a girl I met in bandclass back in middle school
would convert to the faith,become my wife, and embrace one
(23:04):
of the most important titles ofall, Homemaker.
phil-silberman_6_06-06-20 (23:06):
Yeah.
that was him talkingspecifically to the women in the
audience.
And after he, he said thatapplause, we have an applause
lasting 18 seconds after thatquote, I think it was one of the
sweetest things, ever said abouta wife.
Tell me the truth, okay?
You're a young, hip millennial.
(23:27):
is this wrong?
Is this inappropriate?
austin_6_06-06-2024_135725 (23:29):
I don't think that there's
anything wrong with the secondparagraph of that, right?
Where he starts talking about, Ican tell you my beautiful wife
as well, etc.
The beginning where he says, Iwould venture to guess that the
majority of you are most excitedabout your marriage and the
children you bring into thisworld.
I think maybe that's a littlebit Presumptuous, possibly, when
(23:53):
it's at a commencement,
phil-silberman_6_06-06-20 (23:55):
Yeah,
austin_6_06-06-2024_13572 (23:55):
these women have finished their
degree.
and maybe that is true.
Maybe a lot of them are moreexcited about that.
Their marriage and potentiallybeing homemakers later, and
maybe in addition to theircareer, or maybe foregoing it
later.
I don't know, but I do thinkit's a little bit, the venue
that he chose to say this, Ithink may have been a little bit
(24:16):
inappropriate.
phil-silberman_6_06 (24:17):
interesting to me.
So you would have completelyagreed with it if it had been a
speech to like a group ofgraduating high school seniors
in a home economics class.
austin_6_06-06-2024_13572 (24:28):
Sure.
Yeah.
I think that all the outrageover this is ridiculous, but I
think he could have been morediplomatic about where this was
set.
phil-silberman_6_06-06-20 (24:38):
Okay.
All right.
austin_6_06-06-2024_13572 (24:39):
yeah.
phil-silberman_6_06-06-2 (24:39):
point.
I think the whole thing isgreat.
I it did strike me as a look,maybe a little bit,
presumptuous, he does give himsome credits.
Like many of you may go out andget some careers, maybe you're
the presumption is you're morefor those of you that are going
to get careers, you're probablymore excited about the children
you're going to have.
So, I can lend some credibilityto that theory.
(25:02):
So it's controversial.
portraying women as homemakersbeing viewed as misogynistic and
out of touch with modern viewson gender is the rap.
The NFL's response to that,distances itself from Butker's
views, emphasizing itscommitment to inclusion.
the NFL stated very clear thatButker's views do not align with
(25:24):
the league's values of inclusionand diversity.
So here's my take on it.
the NFL doesn't agree with womenbeing homemakers and being this
influential, this rock andsupporter for their husbands, I
guess the traditional role ofthe woman as opposed to the
modern role of women.
(25:46):
But, they're okay.
They Austin, they see the NFLseems to be more okay with
beating your wife or beatingyour fiance or your girlfriend.
Then they don't seem to distancethemselves from that as near as
much as this.
And we've got some exampleshere.
we're gonna go through some ofthese players.
Who have gotten into sometrouble and I would say in
(26:07):
fairness the animals not likethey condone it I just don't
think they're
austin_6_06-06-2024_135725 (26:11):
but did they come put out a
statement saying oh, we stronglybelieve in not beating women.
That happens way more thanpeople coming out, than Interpol
players coming out and giving acommencement speech people may
take as misogyn
phil-silberman_6_06-06-202 (26:26):
well
austin_6_06-06-2024_135725 (26:27):
Hmm.
phil-silberman_6_06-06-202 (26:33):
beat his fiance And got a two game
suspension two games for beatfor beating your fiance That
suspension was shorter than manyother plays players facing drug
charges.
So the idea, the message the NFLis sending there.
Is were, more okay with youbeating your fiance than you are
doing drugs.
(26:53):
2014 San Francisco defensive endRay McDonald arrested for
domestic violence, against,either a girlfriend or a fiance.
and the NFL determined that didnot violate, personal conduct
policies.
another instance in 2014, GregHardy, Carolina defensive, and
(27:16):
assaulted his girlfriend.
This is one of my favorite onesfrom this list.
Used physical force, causing herto land on a futon that was
covered with at least four semiautomatic rifles.
So how many automatic rifles doyou need to throw the girl on?
Okay.
it's just, what?
austin_6_06-06-2024_13572 (27:35):
know.
I'm sure our government willfund a study about
phil-silberman_6_06-06-2024 (27:38):
the NFL here, they originally gave
him a 10 game suspension, butlater reduced it to a four game
suspension.
I, I think the four games werepart of an arbitration,
proceeding.
austin_6_06-06-2024_135725 (27:49):
Are they not doing a game per rifle?
Like, if they say at least four,
phil-silberman_6_06-06-2 (27:54):
Right.
That's what it was.
And this to me, this is theworst one.
It's 2021 22.
Deshaun Watson.
He was the quarterback for theHouston Texans.
That's my home team accused by26 women of sexual misconduct
and harassment.
What he would do, Austin, is hewould go to these massage
parlors, or he would callmassage therapists over his
(28:15):
house.
We have a lot of massage parlorsin Houston, in case you're
wondering.
and then he would, There's somereally gross kind of weird, sick
stuff that came out of it.
I'm not going to go into thedetails.
The NFL gave him an 11 gamesuspension, not a lifetime ban.
if he had been a baseball playerand gambled, he'd have been
(28:35):
banned for life.
NFL is like.
You can do what you want with26, women, you can still play in
11 games.
so that's a little flavor of howthe NFL has handled some of the
violence against women.
austin_6_06-06-2024_13572 (28:52):
yeah.
phil-silberman_6_06-06-2024 (28:53):
And irony here, what gets me fired
up is the NFL wants to distanceitself from the kicker, who's up
there saying amazing, wonderfulthings about his wife.
not beating her, giving her allkinds of glorification and all
kinds of praise.
And they want to distancethemselves from that.
(29:14):
And then meanwhile, they'rebasically slapping these wife
beaters on the wrist.
I guess their idea is, Hey, wegot to let them beat women
because we wouldn't have, verymany players left in the league
if we did it.
it just really gets me fired up.
hear me on this.
If whoever you are, women, men,whoever, if you strongly
disagree with violence againstwomen, you need to not, focus on
(29:37):
this Harris Butker, thing, butyou need to tell the NFL, to
take the plank out of your eyebefore you try to take the speck
out of your neighbors.
And boycott, the NFL and thisTaylor Swift thing, women, you
have made the N-F-L-A-Aphenomenal sum of money with the
whole Taylor Swift thing and theChiefs.
(29:58):
The Chiefs have made a ton ofmoney on that.
austin_6_06-06-2024_1357 (30:00):
Travis Kelsey actually commented on the
Harrison,
phil-silberman_6_06-06-202 (30:04):
what did he say?
What did he say?
austin_6_06-06-2024_135725 (30:06):
he said that personally disagreed
with a lot of what he said, butalso thought that it was
ridiculous how people were,like, judging him on just the
speech made at the commencementthing.
and people are mad at him aboutthat.
phil-silberman_6_06-06-202 (30:17):
they should be mad at these other
guys for beating up theirgirlfriends and fiances.
here's a number for you.
This was an estimate by ApexMarketing Group.
they told, front office sports.
that, the whole Taylor Swiftthing has generated 331.
5 million for the Kansas CityChiefs in the NFL.
if you want to keep making theNFL richer, ladies keep watching
(30:41):
it every time Taylor Swift comeson, but leave this Harrison
Butcher kid alone.
and I think this is just totallycrazy.
I think it's, I think the NFL isa filthy, dirty organization.
That cares more about, money andnot offending people or not
offending a small minority ofpeople than it does.
(31:01):
Actually, properly policingtheir players and disciplining
their players.
So that brings our show to aclose.
I've been your host.
Phil Silberman.
Austin Black has been my cohost.
Like us, follow us, review uswherever you get your podcasts.
Just a friendly reminder.
Nothing in the show is to beconsidered legal advice.
And this has all been forentertainment purposes.
(31:23):
If you have a legal question,email us at info at sylblawfirm.
com and say you want it publiclyanswered in the podcast.
Thanks everybody for watchingand have a great rest of your
day.
austin_6_06-06-2024_1357 (31:37):
Thanks guys.
Bye.
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