Monday, December 5, 2011

THE TRUTH

The BV is back for one or two days - that is it. I am so enjoying reading books. Since moving into my house I have not had the time to really organize things. This week I will make a box which holds the cable and DVD box with the TV on top of the box.

Below was originally a wet bar in the family room. I took out the sink and am using it for an entertainment center. The box will match the cabinet, and then allow me to put the TV on top of the box.

55 Ripple Creek Cir, Brownsville, TX 78521

My point is, I am enjoying my free time. If I believed for one second the BV could change anything, I would have kept it going. The reason for today's post is to demonstrate how the system is so broken, it would be an exercise in futility to continue the BV.

JUAN MONTOYA - SERVING TIME

Mugshot

UPDATE:  Montoyas has an appeal hearing on the 7th.  The file did not show who filed the notice of appeal.  The docket sheet also does not show any information along these lines.  But the file did have Alex Dominquez's name in it with his phone number.  This does not mean Dominquez is representing Montoya.  But if he wants to keep the propaganda machine going againt Oliveira he better get Montoya out of jail.  I sent to his campaign the Turner v. Rodgers case from the Supreme Court.  If you want to help Juan you better make sure Juan or his attorney have a copy of this opinion before the hearing.  Regardless of what I think of Juan Montoya the law still applies and I believe under Turner v. Rodgers he should not be in jail.

As of this morning the inmate list shows he remains in jail. Over the weekend his name dropped of the list. If I am nothing else I am about the law. I am the perfect juror because I can dislike someone, but still demand the law apply.

Unfortunately for Montoya, Sorola has been his lawyer. I do not know if Sorola attended the hearing last week or if he had another lawyer. But here is the scoop, the use of contempt to force payment of child support took a hard hit last year when the US Supreme Court found that based on a financial sheet which reviews the Respondent's ability to pay a court cannot incarcerate a person for failure to pay unless a review of the data on the financial sheet affirmatively shows the respondent can pay the sum owing, but chose not to. 

There is no way the financial sheet showed Montoya had the ability to pay the sum owed.  See Turner v. Rodgers (US Supreme Court 06/20/2011) Had the law been applied, Montoya would not be in jail. The real bad news is, I am certain error was not preserved, and even if it was - good luck finding someone who knows how to get him out of jail. I know some people are celebrating Montoya being in jail, but if you are, you are celebrating a contempt for the law.

 


"INTEGRITY FOR
A BRIGHTER FUTURE"- MY ASS
This woman is everything wrong with Cameron County and Brownsville. She has no moral compass and could not save her own soul if she tried. Integrity would mean not hiding the fact she has asked people to raise money to get Montoya out of jail. Why? She cannot afford to have his propaganda machine for her down for 3 months.  Yolanda Begum has so much contempt for Brownsville and its children that she has no problem funding the propaganda machine which will see the  corruption at BISD continue, and $14 million dollars go out the window.

I have no idea what her motivation is in running for JP.  All I can think of is, she wants a place among the social elite and believes being able to call herself a judge will provide her a seat at the table.  I have a news flash for you Yolanda - the social elite consider you a cyst on Brownsville.  You will never be welcome at their table.  These are educated people.  You told them everything they needed to know about you the day you placed an ad with Montoya.

People Jim Barton is running cover for every corrupt and unethical politician or candidate he considers a sacred cow.  No one can dispute he is running cover for Ben Neece.  He has no problem asking why school trustees would associate with a convicted felon.  But Jim Barton is dead silent when it comes time to question why a sitting judge is working with a  convicted  felon.

On Yolanda Begum I know she is trying to raise money for Montoya because she emailed Jim and asked that he try and get people to donate money for Montoya's back child support.  He has asked I not discuss this because when he told me about it in an email he was drunk.  When a 63 year old man still does not his limits with alcohol we have a problem.  Why does it not shock me Ben Neece has another drunk running cover for him.














photo of Lawyer

THE FACES BEHIND
THE CORRUPTION AND INCOMPETENCE
IN THE QUINTANILLA FORECLOSURE

Left to right you have Carlos Quintanilla, Craig M. Crockett (the unethical attorney for the company seeking the foreclosure), and Emily Tobolowsky (the judge of the 298th Judicial District Court - who never met a law worth enforcing).

UPDATE:  Based on a threat I got from NTex's lawyer they are very unhappy with my actions in exposing the truth.  I do not know what it is, but the nature of the threat informs me there is a problem with the foreclosure or their authority to seek foreclosure.

I am going to take this methodically, but at  the end I will be throwing Quintanilla a life preserver.  NTex's lawyer is engaged in unethical conduct and the court documents prove it.  What you will see here is a convicted felon using the courts to avoid his financial obligations on his mortgage, lawyers for Ntex, who has so little knowledge of the law it shocks the mind, and a judge who sees the law as something not even worth consideration.

But in the end I am about the law.  These people need to win fair and square and what is clear in their last filing with the court is, Craig Crockett is an unethical lawyer misrepresenting the law for the sole purpose of taking advantage of a pro se.  This is a black and white violation of the rules of professional conduct.  Again, just because I find Quintanilla to be a cyst on society, does not mean it is okay for lawyers to make unethical arguments before a judge so that they can  foreclose on his home.  First and foremost I stand for the law, regardless of who the players may be.

And for the record I provided Jim Barton all of the documents related to Quintanilla's foreclosure, IRS lien etc.  Quintanilla cannot speak without lying.  My hope is he is a sociopath.  At least if he is a sociopath he then may have the defense of mental illness.  This would mean he is not pure evil - he is just mentally ill.  But this is a matter for a psychiatrist and not me, in that I am not qualified to make such a diagnosis.

Here is the TRO which issued to stop the foreclosure on Quintanilla's home.

http://www.docstoc.com/docs/107137804/QuintanillaTRO298th

And for the record Carlito - I have an endless number of people in the court house and in Dallas who on demand will provide me any documents I want.  All court records are public records.  In terms of this TRO I believe it was 10:15 a.m. when the clerk told my source that it would be ready within 30 minutes or so.  It was in the process of being recorded into the official minutes of the court.  The second it was ready, my source was given the order and it was provided to me within minutes.

The more  I read the order of the court the more bizarre the order becomes.  It is clear Craig Crockett who represents NTex, and Judge Tobolowsky have zero knowledge of the law.  how can justice be an option when this level of incompetence exists.

If you read the order she ordered a permanent injunction.  This is a final order, by its plain language.  But even though she issued a final order granting a permanent injunction she then sets it for a hearing on a temporary injunction.  You get the impression this incompetent judge did not even read the order before signing it.

HEY CARLITO - HERE IS A LIFE LINE:  Once she signed an order granting a permanent injunction it is a final order.  She has no jurisdiction to now go back and have a temporary injunction hearing. 

Second, where in Texas Property Code 51.002 does it provide for injunctions against foreclosure as found by the quack judge Emily Tobolowsky?  It does not.  Again, did she even read the TRO order prepared by Quintanilla before she signed it.

Third, where in the order does it state Quintanilla will suffer an irreparable injury if the TRO does not issue?  It does not.  Where does the order provide "define injury they were designed to prevent" and "explain why such injury would be irreparable" ?  It does not

In re Office of Attorney Gen., 257 S.W.3d 695, 697 (Tex., 2008) (orig. proceeding) (per curiam) (temporary restraining orders that did not meet requirements of Texas Rule of Civil Procedure 680 that such orders "define injury they were designed to prevent" and "explain why such injury would be irreparable" were void.

A competent attorney would have taken Judge Tobolowsky on mandamus.  See, Office of Attorney General. The court of appeals would have voided the TRO and the foreclosure would have gone forward.

NTEX ATTORNEY CRAIG CROCKETT MAKES QUINTANILLA LOOK HONORABLE

I do not doubt that NTex has the right to foreclose on Quintanilla's home.  But between Crockett's unethical conduct and incompetence Quintanilla can win the hearing on December 12, assuming his house is not foreclosed on Tuesday.  Do not worry Carlito - Crockett could never understand the legal issue herein - he simply does not have the intellect - your house is safe.

Mr. Crockett for NTex filed a No Evidence Motion for Summary Judgment.  If Quintanilla had an attorney this motion would be met with a motion for sanctions. 

"After adequate time for discovery, a party without the burden of proof at trial may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense. See Tex. R. Civ. P. 166a(i)"

http://texas-opinions.com/law-no-evidence-motion-for-summary-judgment.html

The rule of thumb is at least six months for discovery is allowed before a party can move for a no evidence motion for summary judgment.  Quintanilla has been provided no time for discovery.  This motion on its face is unethical.  Like I said, I do not care who you are - I will always come to your defense when I see corrupt lawyers and judges taking away your rights.

FURTHER - NTEX'S ARGUMENT IS ALMOST TOO BIZARRE TO BELIEVE

They are actually arguing that Quintanilla is not entitled to the documents which show their legal authority to seek foreclosure because he signed an agreement with them, which according to them has breached.

Let's put this in context.  A person who is a professional con artist goes to some senior citizen who is facing foreclosure and tells her - sign here - we will lower your interest rate if you just pay us so much today.  This senior citizen now defaults.  The con artist seeks foreclosures.  The entire thing was a scam.  Under NTex's argument this senior citizen would now be estopped from arguing fraud, because once you are the object of a fraud you cannot challenge the fraud.

I hate court, lawyers and judges.  What you see in Quintanilla's foreclosure case is a con artist using the courts to avoid paying his mortgage, an attorney  for NTex who is unethical and appears to have no knowledge of the law, and a judge who seems oblivious to the law and possibly her own existence.  This is reality in almost all cases in Texas courts.

PEOPLE TIME TO RETIRE TO REALITY - THE SYSTEM IS TOO BROKEN TO BE FIXED - LET IT GO AND MOVE ON WITH YOUR LIFE

What will I do later today?  Here is a hint.  Twenty laps in a cold pool does wonder for your circulation.


55 Ripple Creek Cir, Brownsville, TX 78521

As to you idiots who think you can engage in a criminal conspiracy and then defame those who expose it, you better check with a real attorney about malice and the impact criminal indictments have in such matters.

10 comments:

Anonymous said...

Thank you!
We really miss your political revelations, your honesty and your questions for politicians.
That being said, those questions are still and will continue to be ignored.
What's the story with Argelia Miller?

BobbyWC said...

My take on Arg Miller is she has already told her grandchildren she is being prosecuted for defending the agenda of corrupt public officials. Of course she is not telling them about the public officials being corrupt. She is telling her grandchildren these public officials are great and honorable people.

Arg Miller has no conscience. If she does ever flip, which I believe she has not, she will only do it to save her own ass.

Arg Miller is a liar without a moral compass.

Bobby WC

Anonymous said...

Bobby, before you shut down can you give us an idea regarding what is going on with the school board's reorganization?

Anonymous said...

Bobby, i haven't always agreed with ALL of your posts, but i do agree with most. You should consider keeping your blog up and running even if on a part time basis.

BobbyWC said...

I have no idea what is happening with the board reorganization. It will not matter - there is no support to stop the corruption.

Even Mary Rey has stopped her efforts - where is part 2 - where are her recordings - there is nothing.

Had I not pulled all of those documents on Quintanilla there would not have been any conversation on his desperate need for money.

People need to just let it go

Bobby WC

Anonymous said...

Wishful thinking. Most people will never let it go. That's the reason for the successful election of the corrupt four in the first place. Because so many people have been wronged due to the recent elections and changes in administration in the school district, we will probably see a new corrupt four at the next election as a consequence. All you can really do is point that bright light at them as you did before in this blog. It really affects a lot of people, even if you don't really see any tangible results.

Lastly, I really don't know why you are giving advice to the felons you mentioned above. They could care less of what you have to say about them.

If you really think the system is so broken, you should write novels or screenplays so that movies can be made about them and the public can be made aware of this issue. Most people don't read, but they do go to the movies. Make good use of your talents and educate the masses.

Anonymous said...

Well Bobby, sorry you gave up and felt you could do no more :(

Anonymous said...

Bobby is there any merit to Montoya being out of jail? And if so do you know who footed the bill?

Anonymous said...

Is there any truth to Montoya being out of jail? Do we lnow who footed the bill?

BobbyWC said...

Alex Dominguez got him out of jail at a hearing on the 7th by appealing his incarceration for non-payment of child support. I have no problem with the ruling - given the Supreme Court's decision in Turner v. Rodgers I think it was wrong to put him in jail. I do believe there is another hearing around the 18th of January - he needs to come up with $2,500 - so the docket sheet says.

I assume there was no bill. Montoya will now do the hack work for Dominquez and if Dominquez fails to report the payment in kind for services by Montoya the Texas Ethics Commission will issue sanctions

But on Montoya being in jail - I think the court was wrong - under Turner v. Rodgers - I am not results oriented and never have been - I am about the process

Bobby WC