Rooms and Rates

LEGAL NOTICE GIVEN:  There is a $23 million dollar Lien on this property against BANK OF NEW YORK MELLON.  If you are considering purchasing this property, DON’T! The people you are dealing with are criminals and all involved will be prosecuted to the fullest extent of the law.  If you are a property owner in New Mexico, be afraid, be outraged!  This could happen to you as it has to others with targeted properties. Touchstone is now closed due to circumstances beyond our control. After their hostile takeover and 6 month decimation of the Properties at Touchstone, leaving nothing intact, criminals headed by Rose Ramirez and Associates, Tiffany and Bosco, Bank of New York Mellon, US Bank, S&S Financial, and predecessors Bank of America and JP Morgan Chase, and [Reported individuals’ names have been removed here], committing fraud on the court, lieing to and making complicit District Court Judges on record in contempt of higher court orders providing a Writ of Assistance to Taos County Sheriff’s Department, the mendacious criminals are now offering it for sale with the ironic challenge to, “Revive this property back to its original glory,” after they themselves have destroyed it, such an uncalled for tragedy. Plaintiffs’ agent certified that she served me; she did not.  She was involved in the physical eviction of nine people with no notice, she denied access to recover documents and belongings, now she is the Realtor offering the property for sale considerably below value!  Talk about Conflict of Interest!!  Touchstone was a viable business on the day of the abrupt wrongful  eviction at the start of season, May 1, 2023, with a totally booked Memorial Day weekend, a totally booked June concert in the park, and bookings into September all paid, in-hand deposits had to be refunded, over $26,000. Three Documents dictate the status of this claim in MY favor, NOT in favor of Plaintiffs or their Predecessors and Successors: On June 29, 2017, New Mexico Court of Appeals ruled in my favor that US Bank does not have Standing to Foreclose, reversing Judge McElroy’s decision.  On January 7, 2010,  the Order and Final Decree was handed down by Federal Judge Robert H. Jacobvitz Closing Case 11-05-10321, Order Granting US Trustee’s Motion to Dismiss or Convert to Chapter 7 after five years, calling the case fully administered and substantially consummated, READ THE FOOTNOTES. Plaintiffs failed to appear at the last hearing and were given two weeks to appeal the decision; they failed to do so.  August 14, 2008, Stipulated Order by Federal Judge, McFeeley, 11-05-10321, explains that secured creditors could foreclose as of May 19, 2006, with Confirmation of the Plan, reverting parties to their status prior to filing of Stay on January 19, 2005, six years from that date is January 19, 2011, but the Final Decree in my favor takes precedent; all secured creditors are treated the same.  Even with the knowledge that Federal Chapter 11 court had litigated and judged this case, District Court Judge Shannon based his decision to issue a Writ of Assistance on fraudulent information, altered note indorsement and fabricated documents filed by the Plaintiffs.  Judge Shannon who had knowledge of the Chapter 11 Decree from his time in Magistrate Court was in contempt of higher court orders when he chose to issue a Writ for Assistance with a license to steal, after he deemed that I failed to appear at a hearing on August 10, 2022, for his online court at which I most certainly did appear along with my attorney, Mr. Padilla.  I drove all the way from Taos to Albuquerque to be at that Zoom hearing, and I was at that hearing.  At the last minute, the hearing was moved from 9:30 AM to 9:00 AM and switched from Zoom to Google Talk; nonetheless, we were in attendance waiting to be let into the chat room as we listened to banter in Spanish and English for about 15 minutes being carried on in the courtroom, then the Clerk came on to say, “Mr. Padilla, you are excused.” We were in attendance at that hearing and the Clerk would not let us into the chat room.  Mr. Padilla was sent to hospital that day in an ambulance, and he withdrew from my case on May 9, 2023, after the wrongful eviction on May 1, 2023, due to health issues. I then filed approximately 20 emergency documents Pro Se in the courts by May 15, 2023, to quash the unlawful Writ, all of which were ignored. At the next hearing, in September, 2023, I went to the Courthouse in Taos to appear in person, and was made to sit in the hallway outside the courtroom on my cell phone as instructed by the Court Clerk because we were not allowed inside the Courtroom, COVID was a non issue at that time.  The Clerk refused to file exhibits that I twice presented in person.

I purchased the property outright in 1983 with no mortgage.  The black and white spreadsheet [provided upon request] shows revenues from 1983 that have nothing to do with mortgages and show an equity in the property of around 2.2 million dollars sans any mortgages.  The property was burned by arsonists, November 22, 1992, and was rebuilt with insurance monies by December 1993 with 2 rooms to rent. There was no mortgage until 1996 when funds were needed to finish remodel of 110A to complete ten rental rooms. This whole fiasco has been an unconscionable travesty of willful theft and grand larceny.  This has been a failure of the judicial system not knowing what the right hand is doing while the left hand is allowing irreparable harm come to innocent people, destroying a valuable icon of Taos.

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Weddings at Touchstone

This Is a Predatory Lending case involving 14 flipped mortgages within 2 years’ time that was settled in Federal Chapter 11 Court with a Final Decree and Order upholding the US Trustee’s Motion to Dismiss or convert to Chapter 7 and close the case as fully administered and substantially consummated after 5 years of litigation. The Plaintiffs failed to appear at the final hearing and were given two weeks to oppose the order; they failed to do so.  All of the secured creditors with first and second mortgages and HELOCs were subject to this order, read the footnotes. The two original Lenders were Countrywide-America’s Wholesale Lender on 110A, January 1, 2002, culminating with refinance on October 14, 2003, and Bank of America on 110B, February 11, 2002, culminating in refinance, last mortgage on 110A May 17, 2004, backdated to May 14, negating my 3-day right of rescission and adding $20,000 to principle with no net benefit to me; the $20,000 went to the Broker S&S  Financial who was paid in spite of Lack of Specific Performance on 110B.  Bank of America assigned that mortgage on 110B to JP Morgan Chase, allegedly January 4, 2005, but Chase did not mention the assignment in their Complaint for Foreclosure, January 12, 2005, siting Page 680, paragraph 10 of Complaint as proof of ownership of the note, excluding that page from my Service, which I discovered years later is simply a Subordination Agreement between National City Mortgage and Bank of America; there is no mention of JP Morgan Chase. JP Morgan Chase had no Standing to Foreclose.  Nor was the Assignment of Mortgage filed of record until January 21, 2005, the same day I was Served with the Summons and Complaint for Foreclosure, violating Chapter 11 code because I had filed Chapter 11 Stay for reorganization on January 19, 2005.  I never received nor knew of that Assignment of  Mortgage until 2015,  and I paid the wrong lender over $38,000, $31,000 in adequate protection payments, no payments were ever made to JP Morgan Chase.  Monthly payments on all 4 mortgages were over $10,000, plus there was no Escrow, so I also paid property tax and insurance on elevated mortgage amounts, and continued to do so until August 2013 when my payments were usurped by Bank of America which fabricated two fake mortgage payments on each property in July and August of 2013, and had State Farm to refund the insurance payments to me. I paid the property taxes through 2009 up to a planned administrative transfer to 501c3, but those were also usurped by Plaintiff, all part the of Record Proper litigated in District Court and ignored by Judge Backus. There were 2 Bridge Loans by private investors in Chapter 11 that take precedent over all other loans. These funds were used for adequate protection payments demanded by the banks committing Fraud on the Court by Omission because they covertly hired a BPO and knew that they were adequately protected by the value of the property. The Chapter 11 case lasted 5 years from January 2005 to January 2010, and private funds were used for completion of  the construction at 110B Mabel Dodge Lane which was lacking the whole front of the building, and was not finished with bank funds. District Court erred in reopening the case in 2013, using the fake documents created by Bank of America as Reasonable Cause for third generation Plaintiffs to reinstate their case as the Statute of Limitations had expired; this was Fraud on the Court. Bank of America Purchased Countrywide in July of 2008, during Chapter 11.  Bank of America committed Fraud, fabricating two fake mortgages on each 110A and 110B in 2013, which were then passed on to successors US Bank and Bank of New York Mellon who filed this evidence as Holder in Due Course, committing Fraud on the Court, lieing to the judges as to the date of last mortgage payment being in 2014 when the actual last payment was in August 2004, and had already been called into default as seen in JP Morgan Chase’s Complaint for Foreclosure, paragraph 5 of the Complaint, and part of the Record Proper, January 12, 2005, and in Countrywide’s Motion for Lift of Stay in Chapter 11, both of which were litigated and dealt with in Federal Chapter 11 Court.  Federal Judge Mc Feeley’s Stipulated Order explained that secured creditors could foreclose as of May 19, 2006, with the Confirmation of the Plan; they failed to do so.  With Confirmation of the Plan, parties’ status is reverted to that prior to placement of Stay, January 19, 2005, setting the trigger date for Statute of Limitations expiration as January 19, 2011.  I received a total of $539,425 over all mortgages of all properties; the cost to finance 110A and 110B was $886,000 of which the Broker received $197K and principle on 110B was raised $409,000 plus $172,000 subtracted from the construction loan out of blue sky = $577,000 in principle fluff with no net benefit to me, earning interest for 20 years.  The 110A property added  another $45,000 second mortgage on the HUD converted to a HELOC secretly converted to a 1st lien + $20,000 principle fluff on 110A bank principle =$642,000 total overall blue sky added to bank principle with no net benefit to me earning interest for 20 years.  I have invested over 2.2 million of my own money, and 40 years of my life in the property sans any mortgage. This business loss is devastating to the Town of Taos, the State of New Mexico, and to the citizens of the world as well as to myself and my family!  A valuable historical asset to the community and to the world has been deliberately and pointlessly extinguished.  A magnificent tapestry woven of events and memories by participants from all over the world has been knowingly and wantonly destroyed.

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