POLICE REPORT

LEGAL NOTICE GIVEN:

Posted November 25, 2023, Crime-Stopper’s Report to Chief Wentz Taos Police:

On May 1, 2023, five truckloads of the Sheriff’s department officers show up in my parking lot around 2 PM in the afternoon, and proceed to physically remove people from their lodgings, given 30 minutes to pack or go to jail, wrongfully evicting us from my property where I have lived for 40 years with no notice and nowhere to go.  They immediately changed all the locks and put a gate across the entrance to the property, blocking 110C which is not part of the writ, but was decimated as well.  Before the thirty day allotment expired, I delivered to the Plaintiffs and to the Court the Final Decree, the Stipulated Federal Order and the NM Court of Appeals ruling in my favor, but they still knowingly, wantonly, and with malice robbed me of everything, destroying my business, my livelihood, and my life, attempting to wipe me off the face of the earth taking down my signs, disrupting my websites, and rendering my car undrivable.  They destroyed my livelihood and my legacy, leaving me penniless and homeless; they took my tools of trade for my art business, stole all of my PAINTINGS and boxes of my book, Inside the Wind, and the folded and gathereds to publish more books; all were created by me, which are my intellectual property, subject to copyright laws.  I do not even have a copy of my book. They stole my life’s work in hundreds of full scale drawings from the world over ready to be turned into paintings. They stole my slides of artwork for prints to sell,  They stole my collection of worldwide masters: Picasso, Hundertwasser, Copley, Galovic, Kaminsky, Rossi, Walton, Bergerson, Borrego, Egri, Gorman, Fitzgerald, eight ancient Scrolls, and many more. They stole my sculptures and pottery, my ceramics tools, kilns, pottery wheel, slab roller, matt cutters, overhead mirror, frames, Plexiglas, matts, stretchers, canvas, packages of art papers, D’Arches, paints and brushes.  They stole all of my marketing tools and brochures and slides which were to be used to make giclees; they stole all federal tax documents,  FEDERAL 501C3 documents which were in my safe-keeping, they stole my personal legal documents and business tax documents, my court case documents, printers, and computers, all gone.

December 2009, 11-05-10321, Federal Judge Jacobvitz, CHAPTER 11 JUDGE DISMISSED my case with an ORDER Granting the US Trustee’s Motion, Dismissing the case in my favor as fully administered and substantially consummated, giving Plaintiffs 14 days to appeal; they did not do so. Read the footnotes.  All secured creditors and their successors were included in this order, including BONY Mellon who has violated many laws and will be held accountable.  District Court erred in reopening the case based on the 2013 Bank of America fabricated mortgage payments as ‘reasonable cause’.   The Statute of Limitations had already expired with the case in September 2013, and second generation Plaintiffs’ allegations in the complaint and the assignment of mortgage show the note was transferred knowing a default had occurred and the transfer is subject to UCC 9 requiring proof of the transfer chain and not UCC 3; no Plaintiff past chapter 11 is a ‘Holder in Due Course’ because all of my mortgages were called into default in December 2004 and January 2005.  June of 2017, the New Mexico Court of Appeals ruled IN MY FAVOR, the Appellee, that US Bank does not have Standing to foreclose, reversing District Court Judge McElroy’s Order, which he then ignored in contempt of higher court Orders in my hearing on March 6, 2018, whereby my attorney filed a Motion to Dismiss Without Prejudice based on the New Mexico Court Of Appeals ruling in my favor, US Bank has NO Standing to Foreclose.  In contempt of higher court Orders, Judge McElroy said, “No, I am not going to allow that, let’s just see what the banks do now.” Four years later US Bank filed another motion for default judgment, presenting an altered Note indorsement and claiming to have received possession of the note directly from Countrywide, America’s Wholesale Lender in 2003; however, the assignment of mortgage they presented with their complaint for Foreclosure was from Bank of America on September 15, 2013,  and the Indorsements are out of sequence on that original claim.  Simply cutting off the Bank of America Stamp does not change the fact that Bank of America purchased Countrywide, America’s Wholesale Lender in July of 2008, and Countrywide did not exist at the time of the Assignment of Mortgage in 2013.  The US Bank Indorsement should appear on the Bank of America stamp, not on the Countrywide stamp. There is nothing in the records showing possession by US Bank prior to 2013,

The District Eight Court has shown a pattern of abuse against me with the lack of due process, allowing Plaintiffs to commit fraud on the court without consequence, Judge Kennelley’s acceptance of the Plaintiff’s lie that last the mortgage payment was August 2014, 10 years off with she declaring them a Holder in Due Course is fraud on the court,  judicial contempt of higher court orders in 3 instances, judicial bias in not allowing me a continuance in my October 12, 2023, hearing to give me time to find an attorney while the Plaintiff has been allowed 19 continuances, holding a double standard with Plaintiff who failed to appear at my October 30, 2018^, hearing with no consequences at which point I should have won, then ruling against me for the same issue, ‘failure to appear’ at my August 10, 2022, hearing while I most certainly did appear at that Hearing which was switched from 9:30 AM to 9:00 AM, and changed from Zoom to Google Talk; nonetheless I was in attendance along  with my attorney, Mr. Padilla where we waited to be let into the online chat room as we listened to Spanish and English banter coming from the courtroom; the consequences of that wrongful ruling led to the Writ of Assistance and Eviction.

The certified return receipt signed by Judge Shannon for the Letter to Judges and Plaintiffs, proves he had knowledge  beforehand of the illegality of his Writ per Appeals Court ruling and Federal Court ruling, and he did nothing to stop the decimation of my property which discredits his Writ.

By May 15th of 2023, while homeless, I filed numerous Emergency Motions with District Court before the allotted 30 days had expired, and I filed an Emergency Writ with the Supreme Court on 110B, because while I had an attorney of Record with a timely Appeal pending, I was coerced by Tiffany and Bosco scheduling the sale of my property on the Courthouse steps 5 times while cases were still pending in court, so I freaked out and filed en personam asking for permission to notify the court of mistakes that had been made.  The New Mexico Court of Appeals deemed my appeal not timely filed and ignored the actual Appeal by my attorney that was timely filed on 110B Mabel Dodge Lane; perhaps it is still pending.  The Supreme Court has yet to respond to my Writ on 110B.  The Supreme Court sent me an Order denying my Writ on 110A, but I did not file a writ on 110A, and I sent them a letter of dispute which they did not answer.  I was naïve to think that the courts would act swiftly, and that my business would go on as usual. We were totally booked for Memorial Day Weekend, the beginning of our season, and totally booked for a June concert in the park; I had to refund in-hand reservation deposits for over $26,000, and $2,000 half month’s rent to my long term tenants who were paid to the 15^th of the month and were evicted without notice, put out on the street with nowhere to go, four elderly people over the age of 75, one handicapped, my grandson who has no immune system after a kidney transplant who since contracted COVID due to the negligence of the perpetrators.

All of my properties were allowed to be plundered and the contents stolen or destroyed while I was locked out and denied access, and with court cases still pending six months later. Now everything is decimated, and for what purpose?  The property was surely worth far more in tact as a thriving business than it is after the work of  Rose Ramirez and Associates who are now marketing the property at a fraction of its value with the challenge to restore it to its former glory.  I pleaded to be allowed to remove my personal belongings and documents, but was denied access.  I sent letters to the Judges and to all the Plaintiffs included, so the communication was not exparte, with documents disputing the debt with copies of higher court orders long before the plunder began; this tragedy was so uncalled for, a travesty of justice.

BEFORE photo of the Leopold Room, named after the famous composer Leopold Stokowski, who in this room snuffed out the Christmas candle lights with his hands when little Edwin Hapgood’s trousers caught on fire.

AFTER Photograph of the Leopold Room, compliments of the Plaintiffs

Third generation successor Plaintiffs, Bank of New York Melon and US Bank, targeted my property by filing fabricated fraudulent documents at District Court, giving false testimony accepted by the courts, lieng to the Judge, committing fraud on the court and getting a Writ of Assistance from the sheriff, making these agencies of the law complicit in their crimes against me and my family, and the community.  They colluded to simultaneously evict all of my adjacent properties, disregarding all of the motions and proofs I had filed beforehand, violating the Fair Debt Collections Practices Act. The Statute of Limitations had expired on their claims, Federal Chapter 11 Judges had already ruled in December 2009 and handed down their Final Decree, January 7, 2010, and the New Mexico Appeals Court had already ruled in my favor, June 21, 2017, with their Final Order and mandate to the District Court Clerk to wrap up, September 29. 2017; I was expecting an award of millions of dollars for my years of pain and suffering, since Judge Hennessy said he did not have the authority to act upon my request for a million dollars; now I ask for a million dollars for the pain and suffering I have endured each year I have been caused to defend this case 14 years beyond the Statute of Limitations plus actual loss and consequential loss and damages, plus reinstatement of my property.  Then along comes a fourth generation Plaintiff, Bank of New York Melon on 110A with an embezzled second mortgage HELOC converted to a first lien above a $630K existing first mortgage  to dun me for $79,000 on a $45,000 line of credit debt on which I collected ZERO; I do not know how that is legally accomplished.   Then in July 2023 that same $45,000 HELOC was assigned to Merrill Lynch, a fifth generation Plaintiff who is SOL and is asking for $81,000 from me.  All of these creditors including the late comers with 2^nd mortgage HELOC were all called into default in December of 2004 and January 2005, none of them are ‘Holder in Due Course,’ because they were called into default, and were dealt with in Chapter 11 over a period of five years, and all of them fall under the Trustee’s Motion to Dismiss and close the case as fully administered and substantially consummated, all of which stems from a predatory lending case involving fourteen flipped mortgages within a span of a little over 2 years beginning in 2000 with a cold call from an Albuquerque Broker at S&S Financial offering to ‘help’ me build a residential teaching studio.

The first two mortgages of the series added a bogus $344K blue-sky amount Paid Outside of  Closing – POC, to People’s Bank, but In truth, I paid POC the People’s Bank debt myself with cash out of a  $100K CD  held as collateral by the bank on a business loan and for the cottage at 110C Mabel Dodge Lane, which cost $68,000 to build and I paid for it free and clear February 15, 2002; however, March 18, 2003 $172,000 was added POC to the 110A principle debt stream for People’s Bank POC [$157K plus $20K included a monthly payment= $177,000], and the same $172,000 POC was added to the 110B principle debt stream and again was subtracted from the $500K construction loan; that seems to be paid 4 times; I do not know where the blue-sky money went, but I did not get it.  Besides the $45,000 HELOC on which I collected zero, then another $20,000 was added to principle on 110A Mabel Dodge Lane on the present mortgage paying the Broker $26,000 despite failure of specific performance with no net benefit to me.

The original Plaintiffs were  Countrywide-America’s Wholesale Lender for a mortgage on 110A which was purchased by Bank of America in July of 2008, during Chapter 11. That mortgage, as explained above, was plagued by fraudulent concealment [RECENTLY DISCOVERED FRAUDULENT CONCEALMENT, COUNTRYWIDE SECOND MORTGAGE, CONVERTED TO A $45K HELOC OF WHICH I RECEIVED ZERO WAS FUNDED OCTOBER 14, 2003, BY BANK OF NEW YORK MELLON, AN UNKNOWN PARTY OF INTEREST] with the embezzlement of the $45,000 HELOC on which closer’s instructions were to convert it to a first lien and that I was to receive not a penny, and Bank of America for a mortgage on 110B May 17, 2004, that was backdated to May 14, 2004, negating my 3-day right of rescission and adding $20,000 more to principle with no net benefit to me, and the fraudulent concealment of $126,000 Second that was to be paid off  but was withheld from closing by Chase who had secretly purchased it from S&S Financial 6 days after prior closing and S&S Financial lied to me, the closer, and the title company as to the whereabouts of the $126,000 second while they knew that they had sold it to Chase. Bank of America then assigned the First mortgage, allegedly January 4, 2005, to JP Morgan Chase who then filed a Summons and Complaint for Foreclosure on January 12, 2005, but they failed to file  the Assignment of Mortgage with the complaint and did not file the Assignment of record until January 21, 2005, the same day I was Served their Summons and Complaint in violation of Chapter 11 Code as I had filed a Stay in Federal Chapter 11 Court  on January 19, 2005. I never received an Assignment of Mortgage from JP Morgan Chase, never knew there had been an assignment, and never saw the assignment until September of 2015, and as a result, I paid the wrong lender over $38,000. In their Complaint for Foreclosure, JP Morgan Chase cited page 680 as proof of transference of the mortgage.  Document 680 is simply a Subordination Agreement between National City Mortgage and Bank of America, there is no mention of JP Morgan chase.  Nothing in their Complaint gives them Standing to Foreclose, read the complaint.

Altogether, between 110A and 110B,  that is an extra $642,000 blue-sky added to principle which these SOL Plaintiffs think they have been collecting interest for 20 years. I have been caused to defend my case for 19 years beyond the Statute of Limitations at a cost in legal fees to be determined, but beyond $158K.

During the night before my September 24, 2023, Hearing, my 1995 Saturn was rendered undriveable by trashing the  IGNITION and all the websites that were noted in my affidavit were listed as THIS SITE IS NOT REACHABLE.   These four websites document what has been knowingly and wantonly destroyed and stolen from me and the world at large by the present Plaintiffs, Bank of New York Melon and US Bank while the cases were still pending in courts:

https://www.brenprice.com,

https://www.touchstoneinn.com,

https://touchstoneinn.com/taos-house-touchstone/,

https://www.touchstonefoundation.org,

The present mendacious Plaintiffs, US Bank on 110A and Bank of New York Melon on 110B, are third generation and did not even have possession of the Notes until 2013, while the Statute of Limitations had expired three years prior, on which they altered the Note Indorsements committing fraud on the court. Fourth  generation Resolution Trust with Bank of New York Mellon then Fifth generation Merrill Lynch are late comers who have come with malice aforethought and disregard of any decency have committed irreparable crimes against me from which I will never recover, robbing my family of their inheritance and destroying a valuable asset to the community.

Notice was sent to my physical address by Rose Ramirez and Associates through US Postal Service.  Everyone in Taos gets their mail at a Post Office Box, not a physical address, so the Notice was returned to her and she ignored it, I was never served. Any legal creditor would know my mailing address.  Her hired agent certified that she served me, but she did not do so, and never have any of my adjacent properties been vacant.  While I am allowed thirty days to gather belongings from 11,000 square feet of buildings by appointment, I am denied access by the Agent and the assets manager of the Bank, even though I begged for time to pick up the things I had already packed, and when I did manage to be there, two of the buildings were locked.  I had about ten hours at most out of 30 days to get what I could and travel back and fourth to Albuquerque where I slept on the couch of friends.

Plaintiffs targeted my property where I have lived for 40 years, which I purchased free and clear July 6, 1983.  Arsonists burned it to the ground November 22, 1992;  a shell of it was rebuilt and opened with 2 rooms to rent, December 23, 1993.  With insurance monies and business loans from People’s Bank, which I repaid myself in full February 15, 2002, I was able to eventually add 8 more rooms over time. The property is worth in the range of $20 million dollars, has water rights and a replenishing aquifer, 2 wells on 1.64 acres of land bordering Taos Pueblo and the Rio Pueblo, zoned commercial in the Town of Taos, has six buildings, 11,000 square feet of improvements on which I have invested over 2.2 million dollars of my own money sans any mortgages. The present disputed mortgages were taken out to build a residential teaching studio at 110B Mabel Dodge Lane where we have held many workshops, and have hosted people from all over the world over the years through our 501c-3. This building was left half finished by the banks, and was finished with private bridge loans during Chapter 11 which take precedent over all any others.

My Counterclaim filed September 15, 2015, was deemed time barred based on the 4-year rule for citizens, while banks are allowed 6 years to prosecute.  But high-cost-loan rules of the Home Loan Protection Act, Chapter 58, Article 21A NMSA 1978, provide 6 years to defend instead of 4, so I should then be allowed to Prosecute my case, but so far that has not been honored.

These criminals who had the courts and sheriff’s department do their dirty work for them took everything from me, even my mother’s ashes and family photos. They destroyed my lodging business, stripping all furnishings, linens, accessories, and appliances from all rooms; I had to refund over $26.000 of in-hand reservations at the start of our season.  We had more bookings throughout the summer and into September, robbing the State of New Mexico and the Town of Taos gross receipts and lodger’s taxes. I thought that the courts would act upon the Emergency Motions to District Court and the Emergency Writ on 110B to the Supreme Court, and I thought that business would go on because the law is on my side, and I had already won my cases in Federal Chapter 11 Court and in the New Mexico Court of Appeals, Why destroy a turn-key business that is worth much more in tact than stripped and plundered? Why?