Rooms and Rates

LEGAL NOTICE GIVEN:  “There is a $23 million dollar Lien I placed on this property against BANK OF NEW YORK, now BNY.  If you are considering purchasing this property, DON’T! The people you are dealing with are deemed 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 desirable properties, three of which I personally know. BNY has a record of targeting desirable properties, covertly placing a 1st-Lien HELOC on a Second Mortgage of any Lender, lay in wait, in our case 20 years and I received ZERO funds from their ‘loan,’ then as a third and fourth generation Plaintiff, proceed to Evict these properties by presenting their fraudulent documents and lieing to a District Court Judge, making the court and sheriff’s department complicit in their crimes, then disappearing by assigning their second mortgage HELOC to another entity a few weeks after eviction without a trace of ever being involved in the theft and grand larceny; however, we have the Proof and the Evidence of the Transgressions by Bank of New York.”

“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, alleged criminals headed by 3rd and 4th generation successors:  Bank of New York, US Bank, JP Morgan Chase, S&S Financial, Rose Ramirez and Associates, Tiffany and Bosco,  and predecessors Bank of America and Countrywide which was purchased July 1, 2008 by Bank of America, 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 Federal 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 in such an uncalled for tragedy. Plaintiffs’ agent, Baca certified that she served me; she did not, all she had to do is knock on my door and hand the document to me, yet another liar.  Baca was involved in the physical eviction with no Notice of nine people, 4 elderly and one transplant recipient with no immune system who later contracted COVID because of this action.  Baca denied access to recover documents and belongings, now she is the Realtor offering the property for sale considerably below value, a certain Conflict of Interest. Eraina Edwards from the office of Rose Ramirez and Associates, emailed to me the offer to allow me to pick up my personal items if I would ‘drop the case’.  Touchstone was a viable business on the day of the abrupt Wrongful Eviction at the start of our 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 $28,000 loss. The property is now zoned commercial since 1992, with residential grandfathered since 1983.

“Three Documents dictate the status of this claim in favor of Brenda Price, NOT in favor of Plaintiffs or their Successors, none of which is a ‘Holder in Due Course’ because each of them accepted an Assignment of Mortgage in Default; therefore, none have Standing to foreclose. On June 29, 2017, New Mexico Court of Appeals ruled in my favor that US Bank does not have Standing to Foreclose, reversing District Court Judge McElroy’s decision. In a subsequent hearing a year later, Stephen Natelson filed a Motion for Summary Judgement Without Prejudice, based on the NM Appeals Court ruling. Judge McElroy said :No, I’m not going to allow that; let’s just see what the banks do now,” in Contempt of a Higher Court Order.

‘What the banks did now,’  was almost four years later, just before Christmas, US Bank filed a bogus Motion for Summary Judgement with an altered Note Indorsement, claiming that US Bank had ownership of the Note and Assignment of Mortgage from 2003, but the History document shows otherwise. US Bank failed to file their Assignment of Mortgage at the time they filed their Complaint for Foreclosure, but filed it 8 days later. The Problem was the presence of a Bank of America Indorsement stamp on the Note along with the stamp of Countrywide America’s Wholesale Lender. When asked in hearing by Judge McElroy, “Why is there a Bank of America stamp on this note?” Attorney Brown, representing US Bank, said, “I don’t know.” I, Brenda Price, was not allowed to speak, but I knew, and they all, including my attorney Natelson, decided that the Bank of America stamp was an ‘anomaly’, they even convinced New Mexico Court Of Appeals that the BOA stamp was an ‘anomaly’. But we all know that Bank of America purchased Countrywide on July 1, 2008; ergo, Bank of America stamped the Note! In September, 2013, Bank of America assigned the Note and Mortgage on 110A Mabel Dodge Lane, Taos, NM to US Bank, and US Bank put their Indorsement Signature on the wrong stamp. US Bank put their signature on the Countrywide stamp; their signature should have been on the Bank of America Stamp; the Assignment of Mortgage that US Bank finally filed was from Bank of America; therefore, Plaintiff;s attorney Brown should have known why the Bank of America stamp Appeared on the Note! So this is the dilemma for US Bank; they cannot logically claim that Countrywide assigned to them the Note in 2013, because Countrywide no longer existed; so someone Altered the Note, which attorney Jason Bousliman presented in District Court almost 4 years later, a Fraud on the Court.

On January 7, 2010,  the Order and Final Decree of Federal case 11-05-10321, which included Bank of New York’s fraudulently concealed 1st- Lien HELOC, was handed down by Federal Judge Robert H. Jacobvitz, 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; however, the Federal Order and Final Decree in  favor of Brenda Price takes precedent, Statute of Limitations expired January 7, 2010.  All secured creditors are treated the same, including Bank of New York’s fraudulently concealed claim on a Countrywide Second Mortgage placed October 14, 2003. from which Brenda Price received ZERO funds.  Even with the knowledge that New Mexico Court of Appeals had reversed Judge McElroy’s Summary Judgement on Standing, ruling in my favor, and that Federal Chapter 11 court had litigated and judged this case, District Court Judge Jeffery Shannon based his decision to issue a Writ of Assistance on fraudulent information, altered note indorsement and fabricated documents filed by the Plaintiffs, committing Fraud on the Court.  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 wrongfully ruled ‘Failure to Appear’ against Brenda Price at a Zoom hearing on August 10, 2022, for his online court at which Brenda Price most certainly did appear along with her attorney, Timothy Padilla.

Brenda Price: “I drove all the way from Taos to Albuquerque to be at that Zoom hearing, and I most certainly was at that hearing.  At the last minute, the hearing was moved from 9:30 AM to earlier at 9:00 AM and was switched from Zoom to Google Talk at the last minute; nonetheless, we were in attendance waiting to be let into the chat room as we listened to laughter and banter in Spanish and English being carried on in the courtroom for about 15 minutes, then the Clerk came on to say, “Mr. Padilla, you are excused,”with no explanation. 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. Letters of proof with exhibits were sent to all of the Judges and all Plaintiffs, so this was not ‘Exparte’ Communication’, but the bank knowingly proceeded with their gutting and theft of my property and all contents. At the next hearing, in September, 2023, since I was deemed ‘Failure to Appear’ at the last zoom hearing while I most certainly was there with my attorney waiting to be let into the chatroom, but was not allowed in by the clerk, I went to the Courthouse in Taos to appear in person for the next Google talk hearing, and was caused to sit in the hallway outside the courtroom on my cell phone as instructed by the Court Clerk, saying we were not allowed inside Shannon’s Courtroom, but COVID was a non issue at that time.  The Clerk refused to file exhibits that I twice presented in person.” Civil Rules of Procedure allow Pro Se Litigants to file paper documents; whereas, Attorneys must file electronically.

“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 partially rebuilt with insurance monies by December 1993, leaving the upstairs unfinished.  There was no mortgage until 1996 when funds were needed to finish remodel of 110A Mabel Dodge Lane, Taos, New Mexico, after the arson.  This whole fiasco has been an unconscionable travesty of willful Theft and Grand Larceny.  This has been a failure of the Judicial System accepting fraudulent documents, 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 over five years of litigation 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. 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.  Neither of these original lenders filed for Foreclosure. 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 document, 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 used those fraudulent documents as Reasonable Cause to reopen JP Morgan Foreclosure case that had been closed, LOP. Bank of America 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 Broker’s Price Opinion, and Plaintiffs knew that they were adequately protected by the value of the property, almost $4,000,000. 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 the 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, but they did not qualify as Holder in Due Course because the mortgages were already called into default when they accepted assignment , and according to the Complaint for Foreclosure which states that mortgages were called into default August 2004, so Plaintiffs were aware and still committed Fraud on the Court, lieing to the Judge Kennelly saying the date of last mortgage payment was 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; however, the Final Decree sets the expiration of the statute of limitations as January 7, 2010. 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 + $45K=$242K, and principle on 110B was raised $409,000 plus $172,000 for POC, Paid Outside of Closing on People’s Bank business Line of Credit which actually, I paid myself out of a $100K CD held as collateral, LOC, zdded three times and subtracted once from the construction loan out of blue sky = $688,000 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 =$753,000 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, and Plaintiffs lie to the court saying that I have no equity in the property. 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. I want my property back, I want my contents and business loss insurance to be paid by State Farm Insurance, which they are obligated to do by NM law, because the eviction was based on fraud. I want my paintings, drawings and writings returned, which are covered by Article I, Section 8 of the US Constitution; I want restitution and damages from Bank of New York for the irreparable harm they have caused me, my family and the world at large for 22 years of physical, mental and emotional suffering and loss of opportunity, reputation, theft, Grand Larceny, and RICO for being just one victim in their Racket Bank of New York has perpetrated on the American people, amassing $176 Trillion in assets.

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