Monday, February 29, 2016

CERTIFICATE OF TITLE FIASCO - PART 10: COVERING FOR A LIFE OF LIES

Continued from Part 9

In CERTIFICATE OF TITLE FIASCO - PART 9: HAVE THE KIKOS INVADED DLM? there was one key piece of evidence that I did not have, and today I can provide it: a copy of the Abstract of Title Report for Lot No. 90-2-R1-R, Yona, Guam. 

This is the basic lot number before the lot was divided into four parcels, which together make up the property occupied by the Redemptoris Mater Seminary.

As you can see from a full copy of the Abstract of Title (last page), the Abstract was:
Preparing an abstract of title is Mr. Santos' job, so this is not to suggest that he was doing anything wrong. In fact, he was probably just following orders. The question is WHOSE ORDERS?

We have to ask this because as I laid out yesterday, the required request form to do the work Mr. Santos did (and completed) on October 28, 2015, was not filed until 11/3/15, suggesting that Mr. Santos was told to proceed with the work before the form was filed and without payment of the non-refundable processing fee as required by Public Law 29-02. 

And technically the form was NEVER filed because the requestor, Bertha Evangelista of Title Guaranty, NEVER signed the request:

Why don't you try this. Try going to Land Management and file the same form without your signature and without payment and see if they will take it. And while you're at it, ask them to date it for a different day. LOL. Courage!

Of course, a major question is, why is Bertha Evangelista &/or her title company, and Jackie Terlaje and/or her law firm involved in this request for the title. No firm or attorney is needed to do this. One need only look at the log book where Apuron signed (where he didn't need to) to see that no one else has employed a title company or a law firm to request a certificate of title. Anybody can do this. 


And more curious still, while Lovelynn Maidesil signs the log representing Apuron and Title Guaranty, she does not pay the fee with a check from either the Archdiocese of Agana or Title Guaranty but, as demonstrated here, with personal checks from Bertha Evangelista and Jackie Terlaje:

As also mentioned in the previous post, the news from Land Management so far is that the missing memorial was a "mistake." But there are several points of evidence which demonstrate it was NOT a mistake. 

First, there is the fact that too many people who knew better had access to the certificates before it was published in the U Matuna: Bertha Evangelista and Lovelynn Maidesil of Title Guaranty, Jackie Terlaje, Andrew Santos of DLM, Archbishop Apuron and Msgr. David C. Quitugua. As both the log book and the date at the top of the Request Form show, as well as this receipt...

...the copies of the certificates were retrieved on 11/19/15, TEN DAYS before one of the certificates was not only published in the U Matuna, but also sent to the Pacific Daily News, prompting a supporting story for the bogus certificate the next day.

There is also the matter of the amount charged for each certificate: $192.00. 

21 GCA § 60320. Fee Schedule. states the following:


In the matter of the subject lots, items (4) and (5) apply. As you can see from the abstract there are many "title cancellations": documents which once affected the title but are now "void and of no effect." Thus the fee for each certificate is $190. Let's review the detail before we go on:


The fee for each certificate is $192 because, as per item (5), there is an additional one dollar charge for each endorsement on the memorial of estate. And as you can see here, there are two memorials and thus the extra charge of two dollars:

PDF copy here

The entry of those two memorials shows that these two are the only charges against title that are still in effect. But that is not true. There is a third, and the third was the Declaration of Deed Restriction recorded in 2011. And thus the fee should have been $193 and everyone of the people involved in the retrieval of these certificates had to have known this, particularly since Bertha Evangelista's own firm had done a Title Report on the property in January of 2015.

And there is one more piece of evidence. The Deputy Registrar could NOT possibly have missed the Declaration of Deed Restriction on the Abstract of Title because it was directly over his name:


How terribly sad that Apuron thinks nothing of taking so many otherwise good people down to cover for his life of lies. 


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