Sunday, February 7, 2016

CERTIFICATE OF TITLE FIASCO CONTINUED - PART 5

Continued from Part 4

Since most people engage in only one real property transaction in their whole life (buying a house), it is understandable that most would also not understand the intricate details of real property laws and all the possible details impacting title to real property. 




For most, having a government issued piece of paper saying you own something should mean that you own the thing noted on the paper. This is not true. And Apuron et. al. took advantage of this lack of knowledge in attempting to further their cover up of what they actually did with the Yona property. 

Perhaps this little illustration will help to illustrate why a government issued piece of paper saying you own a thing doesn't always mean you own the thing: 
  • Let's say you sell your old car to a guy named Bob.
  • If you've ever sold a used car you know that you are required to sign your name on the back of the certificate of title where it says "Seller" or "Owner." 
  • You also are required to produce a bill of sale.
  • You produce the bill of sale.
  • You sign the back of the title.
  • Bob gives you the money.
  • Bob drives off in your old car. 
  • But is it his car?
  • Yes and no. 
  • As far as you and Bob are concerned, yes.
  • As far as the government is concerned, no.
  • Until Bob goes to the DMV and requests the transfer of ownership and a new copy of the certificate of title with his name on it, the title Bob has still has your name on it, and as far as the government is concerned, it is YOUR car. 
  • Bob gets in an accident.
  • The police see he is driving your car.
  • The police come to see you.
  • You produce the bill of sale - proof that you sold the car.
  • Phew! You're off the hook. 
  • It's not your fault that Bob never went to DMV to change the title. 
Thus, perhaps you can see now why a certificate of title means nothing. What matters is the other documents which impact the certificate of title. 

In the matter of ownership of a pre-owned car, this would include the seller's signature on the back of the title and the bill of sale. In the matter of ownership of a property, this would include any and all documents impacting the ownership, control, or use of the property.

And Guam law requires that the existence of these documents and their effect, be recorded in the memorials section of the certificate title.

Let's look at the certificate of title as published in the U Matuna on November 29, 2015, again:



As you can see, there are two memorials already recorded: 1) Notice of Non-Responsibility, and 2) Declaration of Easement. Neither of these changed the ownership of the property and the ownership remained Tomen Development, Inc. However, both impacted the use of the property so they had to be recorded in the memorials section of the certificate, and so they were. 

The Declaration of Deed Restriction, recorded by Apuron on November 22, 2011, also impacted the use of the property and was required to be recorded. It says:



As you can see by the language of the Declaration, there is NO QUESTION that the property "shall be dedicated to, and for the use of" RMS. 

Now, let's say I'm a cash buyer and I am interested in buying the property. All I know from the certificate of title as published in the U Matuna is that Archbishop Apuron is the owner and that there is an easement on the property. 

No problem. I go to the Archbishop and say "Archie, here's 40 Mil. I want to buy your hotel." Apuron, being hard up for cash, says "Deal!" We go to one of his neo-attorneys and "she" types up a Warranty Deed which we have signed, notarized, and recorded, and the property is mine, right?

Right. It IS mine.

But then I go to open up my pachinko parlor and this Pius guy shows up and says, "Hey, you can't do that." I say "Why not?" He says, "Because I have the piece of paper right here that says this property can never be used by anybody but the RMS, Inc."

I look at the paper and...WTH!

He's right. I may be the new owner but I can't do anything with the property except host a fake school run by a foul-smelling cleric. 

Of course I'd sue Archie for fraud, but maybe by that time he'd be long gone. Now what?

Do you see?

If all we had to go on was the certificate of title published on the front page of what is supposed to be a "Catholic" newspaper, then a completely fraudulent transaction could follow simply because the document upon which the transaction was based was fraudulent to begin with. 

Of course, most buyers aren't stupid enough to purchase a property without doing a preliminary title report - which would have uncovered the Declaration of Deed Restriction NOT recorded on the certificate of title. However, in an all cash transaction, it is possible to fraudulently transact the sale of a property or even the wrong property. 

As a real estate agent, I once saw this happen. The seller actually sold the buyer the neighbor's lot, not his. It wasn't discovered until the owner of the lot the buyer had though he bought began building a house on the lot the buyer thought was his. Talk about complicated...and EXPENSIVE!

There is also one more thing. And it is NOT a small thing. 

Apuron has spent the better part of two years and tons of money trying to prove that the property still belongs to the Archdiocese of Agana. However, he forgot that on November 16, 2011, two weeks before he actually conveyed title to RMS via the Declaration of Deed Restriction, Apuron, after berating Richard Untalan for being too stupid to know what he was doing (LOL), clearly stated that he knew that he (Apuron) was assigning, transferring, and renaming the title to "another public juridic person" (the Church's way of saying "corporation"). 

Read the full letter here and then focus in on this paragraph:
The matter is clearly not “alienation,” but simply an assigning of the title of a property that is transferred and renamed from one public juridic person subject to the Ordinary to another public juridic person subject to the same Ordinary. 
Apuron sinks himself by trying too hard. In trying to prove that he is not alienating the property, he openly admits that RMS is "another public juridic person." In other words, RMS is a public corporation SEPARATE from the Archdiocese of Agana - the very thing they have been saying is NOT the case for more than two years. 

Apuron's only argument to Untalan is NOT that RMS is still part of the Archdiocese of Agana, but that he is still in control of it: "subject to the same Ordinary."

This is why The Diana has never been able to produce a document showing that RMS is part of the Corporation Sole that is the Archdiocese of Agana. BECAUSE IT ISN'T. It is - as Apuron clearly states - "another public juridic person." 

On top of that, Apuron already knew that RMS was not "subject to the same Ordinary" because the notes from the agenda from the finance council meeting of September 7, 2011 clearly show that Apuron was warned by his legal counsel, Ed Terlaje, that he would relinquish control of the property if he went forward with the assignment:


Apuron went forward with the assignment and has been lying about it ever since. The publication of the false certificate of title in the U Matuna is just the latest installment.

More to come. MUCH MORE!

Thank you for your contributions to keep documentation and stories like this coming. 



Continued on Part 6

16 comments:

  1. its sad that when brother tony was sick, the whole island prayed for his recovery and health because they believed in his leadership in the catholic faith through Jesus Christ. Low and behold, brother tony stabbed everyone in the back and lied to everyone.

    Ironic though how since his recovery, he drive a $60.000+ vehicle and is not afraid to pride himself on his so called popularity. The faithful even supported him back in the day when he made CDs of him singing. Just goes to show how selfish brother tony is since his last medical procedure. Now he should be known as the most travelled archbishop since he's rarely at home in this archdiocese.

    ReplyDelete
    Replies
    1. Being known as the most traveled archbishop is the least of his worries. He's finalizing his exit strategy so he can retire a rich man. This is why he doesn't care anymore and lets the other buffoons run the show.

      Delete
    2. Just because he's preparing for retirement, it doesn't release him from his duties as a priest and as a servant to God. Unless he's divorcing the church completely when he retires. Brother tony cannot take all the worldly goods to his death. He has no kids and it would be an even bigger embarrassment of he leaves it to kiko and his handlers. Go figure....

      Delete
    3. The archbishop should leave all his money to his sexual victims for their treatment and healing.

      Delete
    4. Anonymous February 7, 2016 at 11:23 AM says ,,,
      "Just because he's preparing for retirement, it doesn't release him from his duties as a priest and as a servant to God. Unless he's divorcing the church completely when he retires."

      Dear Anon,,,in normal circumstances we would all agree with you. But what the world needs to understand is that tony has already by abandoning his responsibilities tony has already divorced himself from the Church. He merely considers the vast money he bleeds from us as his right...his alimony if you will.

      the throne of agana has been empty for many years. We have only come to realize this through some brave persons outraged by tony's actions.

      Time for the rest of Guam and Rome to wake up!

      Delete
    5. the perfect cover...

      with all this traveling in and out of Guam, brother tony fits the description to a tee "the new jersey bag man"...

      somewhere along the "way" the unsub switches bags with brother tony, the bag heads east and tony heads his neo-way...

      starting today he needs to fill other bags earmarked for jersey...

      brother tony has lied from the beginning and has been lying about everything regarding the rms, if tony and his neo-buddies want the rms,then they should pay for it...

      STOP THE MONEY
      any money that goes through the church as a donation belongs to tony
      STOP THE MONEY... STOP... STOP..., STOP giving tony money...

      Delete
    6. Anonymous, Feb. 7, 8:45 a.m. Be careful what you pray for-you might get it. And then regret it.

      Delete
  2. This photo of Tony makes me want to puke. This fine regalia would be fitting on another, such as Archbishop Flores, but on Tony, coupled with that smirk, it's an absolute farce. Tony,I pray for you, to see the error of your ways, to repent for the lies you perpetrated upon your flock. It's not too late. Do the right thing. Act now, before its too late.

    ReplyDelete
    Replies
    1. In the photo, are those the fires of hell warming up behind him?

      Delete
    2. @ 6:02am...Certainly looks like that, doesn't it? What's that often stated quote? "The road to hell is paved with the bones of bishops."

      Delete
  3. These KAKA filled filled zombies from the Dungbats blog fails to acknowledge that there is no vocational indoctrination going on in that pretend seminary. The main course is how to swindle your neighbors time and resources 101. Why would anyone want to support an institution that forms Presbyters that will rob you of your precious time and resources all in praise of Anti-Christ Kiko and his minions...

    AnonymousFebruary 5, 2016 at 12:28 PM
    Why do you want to take the seminary away from the seminarians? It belongs to them and those who provide education for the future priests. By juridical language: it belongs to the Archdiocese of Agana and the owner is the Archbishop. That is all laid down in the appropriate documents.

    It does not matter how much Tim Rohr is talking about the seminary, it remains an institution for priestly education that won't ever change! Period. The subtleties of juridical language might be read by lawyers because of their profession, but lay people just don't care much about that. All they care about is that the seminary is in good hands, contributing to the better service of the Catholic people of Guam. What is your concern beyond that?

    If you really want to help the situation, stop complaining. You should applaud those who choose religious life and enter the seminary. Support their vocations. It is only fair that the faithful contributes to the expenses because the utility costs are running high. But if you choose otherwise that is your decision. I just let you know that regarding me and my household we will.

    ReplyDelete
    Replies
    1. It is a huge presumption that the seminary is adding benefit "to the better service of the Catholic people of Guam."

      We have no idea what the following "graduates from RMS are doing:
      Miguel, Fabio, Ed Bushu, Jason Granado, Art Stoia, Santiago Flor, Luis Camacho, John Wadeson, Ed Gallagher, James Arriola, Julio, Harold, Pedro. The only thing we do know for certain is that they are not serving the Church of Guam.

      In the 15 years since this seminary was formed the Church has spent many millions forming the following who serve Guam as presbyters:
      Julius, Michael Jucutan, Vincenzo, Francesco, Kristoff, Antonino, Alberto, and OJ.

      We also know we have the following real priests that came from foreign lands, and all it costed us was the price of an airline ticket:
      Fr Manny Ombao, Fr Dan Bien, Fr Jun Trenchera, Fr Simeon Balmeo, Fr Romy Canvocar, Fr Mel Camina, Fr Danny Ferrandez, Fr Willy Lorilla, Fr Vito San Andres, Fr Lito Abad, Fr Carl Vila. Over 200 years of good and faithful service...and they didn't abandon us to go on mission.

      Looks to me that it is actually tony who is guilty of financial mismanagement, and not Monsignor James.

      Delete
    2. My family will never provide monetary or service support to this fake seminary that produces NEO Cult Presbyters. It's all about the numbers to His Lordship KIKO. The more people he puts into these KAKA filled factories the more blackmail he has to get the church to do his bidding. It's all about the money, both in the black trash bags to the land and possessions that are meant to be passed down to the next generation. Too much coercion from these NEO Cult Presbyters and Catechists use from confessions that are supposed to be sealed. Additionally, these NEO Cult Presbyters practice a different religion then what we believe in. NO MONEY TO ANY APPEAL FOR SURE FOR SURE. I HOPE AND PRAY EVERYONE FOLLOWS SUIT. TOGETHER WE CAN RID THIS ISLAND FROM THIS EVIL INFESTATION. JOY!!!

      Delete
    3. Has The Diana ever posted even one document to substantiate even one claim? Ever? Even when they pay thousands of dollars for documents (the Denver opinion), they don't show them. The only document they showed was a false certificate of title. And there is much more to come about that!

      Delete
    4. A RESPONSE TO Anonymous February 5, 2016 at 12:28 PM

      “Why do you want to take the seminary away from the seminarians? It belongs to them and those who provide education for the future priests”. RESPONSE: Really? The seminary belongs to the seminarians?? Re-think that sentence again, my friend.

      “By juridical language: it belongs to the Archdiocese of Agana and the owner is the Archbishop. That is all laid down in the appropriate documents.” RESPONSE: Really? And what document is that, my friend - the fake Certificate of Title the archbishop says he has? Think again!

      “It does not matter how much Tim Rohr is talking about the seminary, it remains an institution for priestly education that won't ever change! Period.” RESPONSE: Really? By virtue of the archbishop’s Deed of Restriction, he’s legally given it away to the NCW for the promotion of its cultic mission. Enjoy it while it lasts – WE’LL GET IT BACK. Just wait!

      “… the seminary is in good hands, contributing to the better service of the Catholic people of Guam. What is your concern beyond that?”
      RESPONSE: Really? “…for the people of Guam?” Would you give us a list of seminarians there at RMS, and tell us how many of them are from Guam! Look at the list that Janet B. of Mangilao has supplied! How many of these are “people of Guam”?

      It’s a harborage for immigrants! Maybe Donald Trump should also build a wall around the waters of Guam to prevent these “illegal immigrants” from coming in, posing as prysbeters-to-be!

      “If you really want to help the situation, stop complaining. You should applaud those who choose religious life and enter the seminary.” RESPONSE: We’ll complaint (yes, demand) until every last of your kind is rid out of here!

      Delete
    5. A RESPONSE TO Anonymous February 5, 2016 at 12:28 PM

      “Why do you want to take the seminary away from the seminarians? It belongs to them and those who provide education for the future priests”. RESPONSE: Really? The seminary belongs to the seminarians?? Re-think that sentence again, my friend.

      “By juridical language: it belongs to the Archdiocese of Agana and the owner is the Archbishop. That is all laid down in the appropriate documents.” RESPONSE: Really? And what document is that, my friend - the fake Certificate of Title the archbishop says he has? Think again!

      “It does not matter how much Tim Rohr is talking about the seminary, it remains an institution for priestly education that won't ever change! Period.” RESPONSE: Really? By virtue of the archbishop’s Deed of Restriction, he’s legally given it away to the NCW for the promotion of its cultic mission. Enjoy it while it lasts – WE’LL GET IT BACK. Just wait!

      “… the seminary is in good hands, contributing to the better service of the Catholic people of Guam. What is your concern beyond that?”
      RESPONSE: Really? “…for the people of Guam?” Would you give us a list of seminarians there at RMS, and tell us how many of them are from Guam! Look at the list that Janet B. of Mangilao has supplied! How many of these are “people of Guam”?

      It’s a harborage for immigrants! Maybe Donald Trump should also build a wall around the waters of Guam to prevent these “illegal immigrants” from coming in, posing as prysbeters-to-be!

      “If you really want to help the situation, stop complaining. You should applaud those who choose religious life and enter the seminary.” RESPONSE: We’ll complaint (yes, demand) until every last of your kind is rid out of here!

      Delete

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