Wednesday, December 21, 2011


QUINTANILLA'S HOME GOING INTO FORECLOSURE ON JANUARY 3, 2012

http://www.docstoc.com/docs/109331067/QuintanillaForeclosure2


I have held this post because I have been waiting on the judge to formally sign the order denying the temporary injunction.  The judge seems unwilling to sign an order which verifies her own ruling.  So I am now providing an update.

The first document is the notice of foreclosure set for January 3, 2012.  Quinintanilla is very confused with the law.  NTex is the substitute trustee.  Any mortgage company can appoint just about anyone as a substitute trustee.  It is standard practice for substitute trustees to be removed after a foreclosure.  His failure to understand this could cost him.

He has sought another TRO set for December 28, 2011.  I suspect the court will receive it as a rehearing on the Temporary Injunction, which according to Quintanilla was denied after he failed to appear.

Quintanilla has been down this path before.  The second document is the dissolving of the Temporary Injunction after the matter came to a full hearing.  This occurred during his first case.

In the original case after the TI was dissolved the parties agreed in mediation that Quitanilla would be allowed to seek a mortgage modification.  The next document shows that after Quintanilla failed under the terms of the loan modification his original case was reopened and the mortgage company was free to foreclose on the note.

The final document is a document prepared by and signed by Quintanilla.  In it he dismisses his original lawsuit based on an agreement he made with NTex.  Quintanilla now claims the agreement was based on fraud.

I have no idea what will happen on the 28th.  My sources are telling me the judge, Emily Tobolowsky is a judicial activist and cannot be trusted to follow the law.  Some of this can be seen in the fact she has refused to sign the order denying the Temporary Injunction.  It is not disputed that she denied the Temporary Injunction, so the question becomes - why is she refusing to sign the order as provided by NTex.  I am the first to agree the proposed order is over broad and abusive, but the judge nonetheless has a duty to sign an order - even if she herself has to prepared it.

Another Dallas Judge  Carl Ginsberg spent quite a bit of time reading the Brownsville Voice.  This does not help the process.  If he shared with Emily Tobolowsky what he learned Quintanilla could find a bias against him based on outside research.  It certainly does not speak well of either Ginsberg or Tobolowsy that Ginsberg or his staff chose to research the Brownsville Voice and Quintanilla.  This is not how honorable judges act.

2 comments:

Anonymous said...

The final document is a document prepared by and signed by Quintanilla. In it he dismisses his original lawsuit based on an agreement he made with NTex. Quintanilla now claims the agreement was based on fraud.

No such document was prepared by Quintanilla FYI

BobbyWC said...

the document was sign by and filed by Quintanilla - by law this means he prepared it.

In the end it matters not if there was fraud - that is my entire point - anything he signed can be voided if it was based on fraud.

NTex's argument to the contrary is simply bogus

Bobby WC