Thursday, March 17, 2016

WOW! JUST WOW!

Let's take a closer look at Michael Borja's January 20, 2016 letter to Bob Klitzkie.


In the previous post we addressed Mr. Borja's acknowledgement of erroneous certificates of title versus his statement reportedly made to KUAM yesterday that "...at no time was the certificate of tile improper or incorrect..." Let's now look at the next sentence.

Mr. Borja says that based on the advice of his legal counsel, Assistant Attorney General, Kristan Finney, and the Attorney General of Guam, Elizabeth Barrett-Anderson, and in accordance with Guam law, a person of interest or the registrar is REQUIRED to petition the court to correct a certificate of title.

A person of interest would be either Archbishop Apuron or a member of the RMS board. The "registrar" is Michael Borja, himself, and as he says, HE is required to petition the court. But did he do what was required by law? According to the following paragraph, he did. So far so good:

However, now we have to question the Office of the Attorney General, or more precisely, Assistant Attorney General, Kristan Finney, who is Mr. Borja's legal counsel. Because if Mr. Borja in fact prepared and forwarded the required petition, why was the petition NOT filed in the Superior Court of Guam?

We find the answer in what was previously noted in a letter from Klitzkie to Borja memorializing a meeting between Borja, Klitzkie, and Finney, in which Finney advised Klitzkie that she "needed to sit down and work something out with Jackie Terlaje." 

HUH? The law requires a petition to be filed in the Superior Court, but Finney works something out behind the scenes with a person who says she does not represent the Archdiocese!

And then there's this:



As we know, the Bronze Legal Opinion found that the Declaration of Deed Restriction acted as "an absolute conveyance (of title to the property) in fee simple," meaning RMS is the new title holder to the property. However, though Mr. Borja acknowledges receipt of the Opinion, apparently it is ignored. We will discuss this more later. 

Now look at the last sentence. Mr. Borja promises to "inform" Mr. Klitzkie as "additional information is available." Yet, after this letter, Mr. Borja goes silent, and yesterday, explains to KUAM that his reason for NOT informing Mr. Klitzkie is that he is not one of the "parties of interest." 

So he commits to do something and then does not, and does not even advise Klitzkie the reason for not doing what he committed himself to do. 

As you can see from the general tone of the whole January 20, 2016 letter, Mr. Borja seems eager and willing to resolve the issue immediately. And then TWO MONTHS pass without any acknowledgement of Mr. Klitzkie's many calls and emails. And then PRESTO, the problem is resolved? (Are you beginning to smell the neo-stench?)

Wow! Just Wow!


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