Galindo Trust sold homes without disclosing liens; many consumers faced foreclosure

 AUSTIN – Attorney General Greg Abbott has obtained an emergency restraining order and asset freeze against an Austin business that systematically targeted Hispanic consumers by selling them homes without making important disclosures, including failure to reveal pre-existing liens.

Defendants Roberto Flores, real estate broker Richard Allen Small, Jr. and their company, Galindo Trust, are also accused of misrepresenting to consumers that tax and insurance payments were being made on their behalf, when in fact the defendants pocketed many of these funds. As a result of their scheme, numerous houses were placed in jeopardy of being foreclosed upon even though consumers had been diligent in making monthly payments. The homes are located on Galindo Street in east Austin.  

“Homes are far and away the most important investment consumers make in their lifetimes,” said Attorney General Abbott. “It is unconscionable that unscrupulous businesses would line their pockets while causing consumers’ lifelong dreams of home ownership to degenerate into nightmares. I will take all necessary measures to hold these scam artists accountable and make certain they face the justice they deserve.”

According to the lawsuit filed under the Deceptive Trade Practices Act (DTPA), Flores allegedly told consumers that he was the “free and clear” owner of the homes he sold, but Galindo Trust was in fact still making payments on the same homes, which Flores and Small acquired in a mass purchase from Shriner’s Hospital. The lawsuit alleges that Flores never disclosed the pre-existing liens to most of the buyers. Shriner’s was not aware of the scam and is not a target of the Attorney General’s legal action.

The lawsuit also alleges Flores often told victims that the monthly payments included homeowners’ insurance premiums and property taxes. However, consumers eventually discovered that the defendants discontinued payments to insurers and the tax appraisal district, causing insurance policies to lapse and consumers to become delinquent on their property taxes. Furthermore, Flores assured consumers that payments for their homes would never change, but in fact payments increased as property taxes rose.

When some consumers who financed through Galindo Trust tried to sell their homes, they were unable to do so because of Shriner’s pre-existing lien on the properties. Only then did consumers learn that someone other than Flores had a legal claim on their homes.

Consumers’ problems grew when in 2004 the defendants ceased making payments to Shriner’s Hospital and instead pocketed the monthly payments consumers made to them, putting the homes at risk of foreclosure. Shriner’s is currently working individually with consumers to determine if they can be given title to their properties.

Galindo Trust operates primarily from an address at 307 East Croslin in Austin.

A court hearing to consider issuing a temporary injunction against the defendants was scheduled to take place in Travis County on Thursday, June 15, at which time the Office of the Attorney General would ask the court to uphold the terms of the emergency restraining order and asset freeze until a permanent final order is issued following trial.

Consumers who believe they have been deceived in the purchase of real estate should report it to the Office of the Attorney General by calling 1-800-252-8011 or by filing a complaint online at www.oag.state.tx.us.
 

SUPREME HEADQUARTERS

ALLIED EXPEDITIONARY FORCE

Soldiers, Sailors and Airmen of the Allied Expeditionary Force

You are about to embark upon the Great Crusade, toward which we have striven these many months. The eyes of the world are upon you. The hopes and prayers of liberty-loving people everywhere march with you. In company with our brave Allies and brothers-in-arms on other Fronts, you will bring about the destruction of the German war machine, the elimination of Nazi tyranny over the oppressed people of Europe, and security for ourselves in a free world.

Your task will not be an easy one. Your enemy is well trained, well equipped and battle-hardened. He will fight savagely.

But this is the year 1944! Much has happened since the Nazi triumphs of 1940 – 1941. The United Nations have inflicted upon the Germans great defeats, in open battle, man to man. Our air offensive has seriously reduced their strength in the air and their capacity to wage war on the ground. Our home Fronts have given us an overwhelming superiority in weapons and munitions of war, and placed at our disposal great reserves of trained fighting men. The tide has turned! The free men of the world are marching together to Victory!

I have full confidence in your courage, devotion to duty and skill in battle. We will accept nothing less than full Victory!

Good luck! And let us beseech the blessing of Almighty God upon this great and noble undertaking.
 

            Date:            Wednesday, July 5, 2006

Time:             5:30 p.m.

Place:   Claude Black Recreation Center

                                    2805 E. Commerce

                                    San Antonio, Texas

Presentations:

I.                    You Have Rights!

A crash course on what every mother needs to know about her rights regarding child support, visitation and divorce.

II.                  You can get help!

Free counseling for parents and children.

III.                You have a future!

Career building through Dress for Success and Resume/Interview training.

Refreshments will be provided courtesy of South Texas Republicans.

For more information please contact Diane Rivera at 735-9911.

RSVP: diane@dianerivera.com
 

Carl asked me the following question: “Why should we believe those in government are going to solve the problems they created with more legislation?” Here is my answer to Carl. I am a praying man and I have faith in certain leaders, including Senator John Cornyn.

The Senator has been willing to tackle unpopular issues including immigration at great peril.  What does he gain by being a target for critics, including us and others? It is leadership. Putting yourself in the arena and leading is what impresses me. The Senator is only one out there talking about ending “waste, fraud and abuse in Medicare and Social Security.” On immigration, right or wrong, he was way ahead of the curve by talking about the importance of the issue in this country.

I have faith that he is very serious about bringing authentic fiscal conservatism back to our party leadership in Washington. He could start at the White House with this new initiative. Let me know what you think.
 

Over 200 attended the Barnard fundraiser that was held at the San Antonio Country Club prior to the Republican State Convention. Numerous judges and other elected officials including Congressman Lamar Smith and Senator Jeff Wentworth were present in support of Barnard for District Judge.  
 

WASHINGTON—U.S. Sen. John Cornyn joined several Senate colleagues on Friday in introducing legislation to improve Health Savings Accounts (HSA's). 

Cornyn is an original co-sponsor of the bill, which was authored by Tom Coburn, M.D. (R-OK), a practicing physician. Also co-sponsoring the bill are Sens. Jim DeMint (R-SC), David Vitter (R-LA), and Jim Inhofe (R-OK).
 
“This bill will move us closer to a true consumer-oriented health care system, reducing government influence over health care decisions and putting consumers in charge of their decisions and dollars,” Cornyn said. “The legislation will improve HSAs by making them more flexible and portable, so I encourage my colleagues to support it.”
 
The bill gives:

1.)     Premium deductibility to individuals purchasing HSA-compatible insurance on their own;

2.)     Reimburses payroll taxes paid on HSA-compatible insurance premiums & HAS contributions;

3.)     Allows employers to provide larger contributions to the HSAs of acutely & chronically ill employees;

4.)     Allows Health Reimbursement Arrangement to rollover into HSAs;

5.)     Allows premiums for high deductible health plans to be paid from an HSA; and

6.)     Enables portability of consumer-driven HSA-qualified health insurance plans, which reduces "job lock" by allowing Americans to take their health insurance with them when they change jobs, move, or become self-employed.

“Health insurance premiums have skyrocketed in recent years in large part because health insurance has evolved into pre-paid health care,” Dr. Coburn said. “HSAs can solve this problem by allowing patients to use their own tax-free dollars for smaller medical expenses like routine physician visits and prescription drugs, items usually paid for through insurance premiums. HSAs give consumers ‘some skin in the game’ by putting them in charge of health care dollars. When individual consumers own their health care dollars, they can become smart consumers and have the chance to look for value and quality.”
 
Bill text and summary are available at www.coburn.senate.gov  in the “Right Now” section.
 

The Texas GOP has a *very* deep bench, but Michael Williams would probably receive the support of both Presidents Bush and would be tough to beat in the primary and general.

Commissioner Williams' Bio

Another Texas Railroad Commissioner, Victor Carrillo, is also a rising star in the GOP. Carrillo is in his early-to-mid 40s, is an expert on oil and gas issues, a native of Abilene and was an elected official at the city and county level, and since appointed (and later elected) to statewide office has been living with his family in Austin (where they home school their kids and attend Redeemer Presbyterian Church). Carrillo would be a very strong candidate for Congress in the Lubbock-to-Abilene TX-19, the Midland-Odessa-San Angelo TX-11 (one of the top oil and gas districts in America) or in one of the Austin-based districts. Commissioner Carillo's Bio
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Texas has such an embarrassment of riches in the GOP! Of course, the problem with that is with too many talented people, there can be a downside when internecine battles occur. Imagine how great it would be if just a few of these folks were out in California or other states where they're badly lacking for strong Conservative leaders!
_______________________

Original Source:

http://www.freerepublic.com/focus/f-news/1651292/posts
 

This is a response to the article in last week’s (06/19) newsletter by someone called “The Republicrat (A Moderate View).”  While I am a Republican, I feel I am fairly moderate in my thinking and try to participate in the election process by being a chair for my district (3013).

When I read the comments by the so-called Republicrat, I found myself wondering how can anyone believe this stuff and then I thought in the absence of the truth, the fiction becomes the fact. So let me state some facts for you.

The Republicrat stated “County Court Judge Monica Guerrero is another Democrat who should win re-election relatively easy. Guerrero has a good reputation for being fair among lawyers who practice in her court.” Well, nothing could be farther from the truth.

County Court Judge Monica Guerrero who presides in County Court 7 which is our family violence court has seemed to always have had issues with her court.

Let’s start with recent events. At the end of 2005 and beginning into 2006, the Court Bailiff for County Court 7(now charged in Federal Court) was involved and believed to be the ring leader in the Southwest Airline ticket scam and the recipient of a great many tickets was Judge Monica Guerrero. Her response was to simply state well I gave him a nice watch for Christmas. Let us let common sense take place here especially since we are dealing with a sitting Judge who expects the public to believe she has no common sense. Who gives thousands of dollars of tickets to someone for a $200 watch before they even received it? You make up your own mind on this one.

Another issue, which has been in the media as of late, was the filing of a temporary restraining order by a Ms. Panza, who was residing with Judge Guerrero and was on her campaign team in her previous election, and worked diligently to get Judge Monica Guerrero elected. As stated through her attorney and the Republicrat “The lawsuit was politically motivated.” The Republicrat all but came out and blamed County Court 7 Republican Candidate Genie Wright for the incidents that occurred. Well anyone who has gone through a break up of some one they care about knows things can get ugly and this is simply what it was. I doubt Ms. Wright could orchestrate the multiple police reports that occurred at the residence of Judge Guerrero and Ms. Panza much less the elaborate story that Ms. Panza gave in her sworn testimony in her filing of the Temporary Restraining Order against Judge Guerrero. Yet if there was nothing to these allegations why was a settlement given to Ms. Panza and she is not allowed to discuss the incident per her agreement with Judge Guerrero. (See all the filings we currently have at www.bexarcountyjudges.com/mguerrero/)

Judge Guerrero was elected to office on her promises to fix the court and move cases and administrate the court better. Well, she has done none of these. Her Court Clerk resigned recently and when the county came in to court there were almost 400 cases on the floor which have not been entered into the system. The ones who suffer from these failures are the people. The criminals are the ones who benefit as their cases are lost in the shuffle, they are free to continue their activities and possibly cause more harm to others or their own family in some cases.

While I understand the Republicrat has his or her own personal views, the facts should not be altered because of one’s political views and the people deserve to know the facts. Reckless allegations cause only harm to others unless we speak out for the truth. Would Genie Wright be a better Judge then Monica Guerrero? Who is to say without her being in office? But she is qualified and while I am biased to her as a Republican, if she were to act as Judge Monica Guerrero has, I would not vote for her. As a father and a husband, I believe we need someone who can represent and protect the families in trouble in this court. The Family Court Justice needs to be someone the community can respect and look up to. I do not believe that Judge Monica Guerrero has shown the people of Bexar County that she is that person nor do I believe she will have an easy race as Bexar County has people who do care about the type of judges who we have in office and know this is not a judge who needs to be presiding over families when she can not even control her own emotions.

Please do make an informed decision when voting and please remember to vote for whomever you choose. All the information and facts I have listed are at www.bexarcountyjudges.com/mguerrero/ and all the information listed is a matter of public record and was obtained through the freedom of information act or are articles that have been written in the Express-News.
 

Forbids any discussion of tolls at public meeting even though it’s in the contract

Who would have thought that while our soldiers are fighting to defend and protect our freedom around the world, that back home we're losing one of our fundamental Constitutional rights, the freedom of speech. It's not just graduation speeches that mention God. Now, our own Texas Department of Transportation shut down any discussion using the word "toll" at a PUBLIC MEETING whose purpose is to solicit public comment! TxDOT physically removed the microphone from my hand at a meeting on the highway expansion of SH 46, June 20, at New Braunfels High School.

As soon as I turned to the page in the contract that mentions tolls, TxDOT grabbed the microphone, abruptly and rudely, physically wresting it from my hand! They did the same thing to another supporter. They were flanked with police throughout the building. TxDOT is using Gestapo-like tactics to suppress the TRUTH about their plans for Hwy 46 from being made public.

TxDOT told the crowd that no one could use the word toll or discuss tolls during the public comment period. They also forbid the use of the term “outer loop of San Antonio.” Both terms are relevant to the Highway 46 expansion project since there is provision in the contract (page 3 of pass- through finance agreement) between Comal County and TxDOT that they can toll Hwy 46 in the future as long as the County and TxDOT agree.

Also, during the Transportation Commission meeting last November, TxDOT employee, Jennifer Moczygemba, repeatedly refers to Highway 46 as the “outer loop of San Antonio” (in the November Transportation Commission meeting ), which would more than ruffle a few feathers in Comal County…it could well lead to the quick demise of a few politicians! So rather than face the music from their own public documents, they simply SILENCED any discussion from citizens.

How can bringing up the toll provision in the contract possibly be off-limits? It’s a legitimate concern; it’s in their own contract in black and white. If TxDOT gets away with forbidding citizens from using the word ‘toll’ and expressing legitimate concerns over project financing, how much longer will it be before it’s forbidden to publicly criticize elected officials in this country? Where will this suppression stop? I thought this was America where protecting and defending our First Amendment Constitutional Rights are sacred.

TxDOT and Comal County officials know from constituent feedback and the SATollparty.com blog that this toll provision in the contract is a MAJOR sticking point with the public, and they also know that the vast majority of folks in Comal County DO NOT want our rural community (and our two lane highway) turned into a new 6-lane truck route between I-10 and I-35 dubbed the “outer loop of San Antonio”, especially on the Comal County taxpayers’ dime. The pass-through financing agreement takes $16 million of Comal County tax dollars to pay for the project to be paid back through “shadow tolls” based on traffic volume.

More evidence came in this week that clearly shows special interest groups more powerful than the electorate want TxDOT to make Hwy 46 the preferred alternate truck route to Loop 1604, particularly for hazardous cargo. Hazardous cargo right through the beautiful Texas Hill Country? Loop 1604 has a ban on hazardous cargo due to the aquifer, but though much of 46 is also over the aquifer, a freight study of I-10 done in 2002 by the National Freight Corridor (Freight Study) states that Hwy 46 should be the alternate route for such cargo for those who want to bypass San Antonio. This news would have caused a near riot in Comal County, so TxDOT and elected officials pushing the overkill expansion project blocked any of this information from being made public. Are we to assume they don't want an informed citizenry armed to take action at the ballot box?

The PEOPLE are the owners of government and we pay TxDOT’s paychecks and yet they continually get away with gagging citizens from voicing their concerns about highway projects (see prior attempts to gag citizens: Example 1 and Example 2 and scroll down to March 30), particularly how they’re being financed. TxDOT has lost all objectivity when it comes to toll roads. They want to operate in secrecy like the private, foreign companies they’re brokering deals with in secret.

The contract negotiations are done in secret, and given the fact that TxDOT and Cintra are suing to keep even the signed contracts secret from the public (TXDOT and Cintra Lawsuit Story), SECRECY is now what characterizes arguably one of the most powerful government agencies in this State. TxDOT can seize our private property, and now has the power to levy unlimited toll taxes, even on existing freeways.

Even our elected officials think the Legislature needs to change the focus of TxDOT (Collin County Commissioner Jerry Hoaglund, “I think that the Legislature needs to change the focus of TxDOT.” --McKinney Courier-Gazette, 2/16/06) and that TxDOT needs greater financial accountability (the Senate’s Executive Summary for Fund 006 had this to say about TxDOT’s financial management: “The sheer size of the budget of the Texas Department of Transportation coupled with the significant new financial authority granted to the agency during the78th Legislative Session calls for improvements to the agency's financial reporting methods.” See the Full Report).

TxDOT is out of control and continues to overstep its authority. My question is, who is going to put a stop to the trampling of citizens’ free speech and our legal right to make public comment on highway projects? There is a dizzying number of public meetings and hearings this summer. TxDOT cannot be allowed to continue intimidating ordinary citizens into silence. They used similar tactics for public meetings for 281 (scroll down to March 30, 281 Public Meetings, March 30th). If toll roads are the silver bullet to all of our problems, then why are they forbidding ANY discussion of them in public? Why won’t they answer the public’s questions? We’re the owners of government, and we’re simply trying to get to the truth.
 

Former Vice President Al Gore’s new movie, “An Inconvenient Truth,” is now showing at the Bijou Theatre at Crossroads Mall. Since Joe Solis wanted to publish a review of the movie upon its release without having to view it himself, he chose a Democrat to do his dirty work. Thanks a lot, Joe.

Where do I begin? The opening scene began with beautiful panoramas of forests and streams and all that environmental stuff. The entire hour and 45 minute movie was about Republicans favorite subject other than gay marriage, global warming.

Narrated by the man himself, the movie interspersed his political career between shots of glaciers crumbling into the Arctic waters, rivers running dry, forests burning hot, space shots of the earth, hurricanes and tornadoes wreaking havoc on humanity and numerous natural disasters.

Throughout the college lecture, Gore poked fun at himself by using self-depreciating humor. He introduced himself as “Al Gore, the former next President of the United States.”

While his presentation was full of undisputed facts about global warming, he presented too much information to digest at one sitting. He could have edited out about 20 minutes of the film and still driven home his point about the climate.

Like Michael Moore’s “Fahrenheit 9-11” Gore barraged the movie-goer with too much hype.

Had he copied Hollywood and promoted his movie like “The Da Vinci Code,” he could have possibly produced a blockbuster. A voice over with someone of the caliber of say, actor James Earl Jones, would have been more dynamic.

The major problem with the movie was the messenger, not the message. Backing up the message with scientist’s research was a plus. Gore’s deliverance was a minus.

Utilizing quotes from Mark Twain and Winston Churchill gave the movie some extra punch. All in all, it wasn’t as bad as a root canal, but not much better. Apparently I dozed off somewhere in the middle of the movie and was brought back to reality by a not so gentle elbow to the ribs.

Part of the point of the movie was the message that global warning was akin to terrorism. Although there were no visuals or photos of Osama bin Laden, he apparently was lurking in the shadows.

Since there was no love scenes in the movie, its appeal seemed somewhat diminished. Perhaps if they had showed the famous kiss Gore planted on his wife during the presidential campaign, it would have spiced up the movie.

What caught my attention was the crowd who came to see the movie. The theatre was a packed house. There were vocal Sierra Club members, activists, Progressive Democrats, tree huggers, environmentalists of all shapes and sizes and me and my date who was under-whelmed by the whole affair.

My companion thought we were going to see the animated film, “Over the Hedge.“ It was more like, over the top!

Watching the crowd brought back flashbacks of my “Rocky Horror Picture Show” days and the fans that dressed up in weird costumes and makeup and participated with the characters on the screen.

One man wore a long sleeve shirt, walking shorts, plaid sox and hiking boots. To say that people wore the strangest outfits, would be understating it. But then again, I won’t go there in my capacity as movie critic not a fashion guru. That is my take.

That’s the moderate viewpoint. I AM the Republicrat.