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Dave and Cris Neal
From:
Sent:
To:
Cc:
Subject:
Attachments:
Matthew Murray <[email protected]>
Wednesday, April 15, 2015 2:57 AM
Nnm Protects
Beverly Duran-Cash #1; Dave and Cris Neal #236; Heather & Terrence Nordquist #239;
Martha Trujillo #143; Mary Woodson - Woodson Trust #51; Miquela F Sanchez; Deborah
Tolar; Mike Menicks; Alex Trujillo; David Dogruel; Ed Pulliam; Flo Perkins; Jacob Mendez;
Joseph Ortiz; Raymond McAllister; Steve Carson; Vicente Roybal; Erin R. Ortigoza; Jackie
Fishman; Chrisann N. Romero; devin bent; Robert Griego; Eugene Young; Sharon Locke;
[email protected]; Alexander Saunders; Orlando A. Romero; Shelley Brown;
[email protected]; [email protected];
[email protected]; [email protected]; [email protected];
[email protected]; [email protected]; [email protected]; [email protected];
Fernando Quintana; [email protected]; [email protected]; [email protected]
Worthless Property in El Rancho - Santa Fe County Commission Meeting 4/14/2015
2013-12-06-TrespassBIAtoCounty.pdf; 2014-01-07-SFcountytoBIAwithEasement.pdf;
2015-03-12-LoanDenial-15oliveLanePojoaqueElRanchoRedactedall.pdf; 2014-01-15CongressmanLettertoBIA.pdf; 2014-04-16-ResponsefromBIAtoLujan.pdf
I presented my perspective Tuesday afternoon to the Santa Fe County Commission Meeting during the public
comment section, Matters of Public Concern. I suggested the declaration of an emergency, allocation of
emergency funds to hire a qualified law firm to file a federal suit, and active engagement of state and
congressional delegations to ensure congressional action.
After introducing myself as Matthew Murray living on exception 90 to the San Ildefonso Grant in El Rancho, I
noted the motto above the commissioners, "Protect Property, Religion, and Language", and stated that my
property has not been protected. Because I cannot get title insurance, my El Rancho property is worthless.
I quoted from the December 6, 2013 Notice to Show Cause sent by the United States Department of the interior,
via their Bureau of Indian Affairs Northern Pueblos Agency to the Santa Fe County Manager, "... must show
cause why the County should not be immediately assessed trespass damages and why the County should not be
evicted from the subject Pueblo lands."
From the well written and researched reply by the County on January 7, 2014, I quoted from page two, "... the
fact that hundreds of non-Pueblo residents live on the roads in question and the import of the "determination" by
the BIA is to deprive those persons of access to their homes and businesses, title to which is derived from
proceedings of the Pueblo Claims Board and the Federal Courts." From page three, I quoted, "The Bureaus'
declaration is tantamount to a determination that many thousands of non-Pueblo residents in the Pojoaque no
longer have legal access to their homes and businesses -- rendering those homes and businesses worthless -- and
which was something the Pueblos Lands Act was intended to avoid."
I told the commissioners, "As you predicted, my land is worthless!"
I continued - Congressman Ben Ray Lujan, appealed to the United States Department of the Interior, but they
rejected your claims, refused to withdraw the Notice to Show Cause, rejected your 1989 negotiated settlement
with the Pueblo concerning the El Rancho bridge, and encouraged you to negotiate with San Ildefonso Pueblo
while offering no assistance. The 1989 negotiated settlement might well be worthless due to a fatal
flaw. Although it was signed by both the Santa Fe County Commission and the Pueblo, it was not signed by a
Federal Judge, was not signed by the Secretary of the Interior, and it did not have congressional action to back it
up.
1
I expressed my support for continued negotiations led by District One Commissioner Henry Roybal. I also
urged caution in light of the three times market value easement tax extracted by the Pueblo from Jemez Electric
Cooperative for the power poles.
Because I cannot get title insurance without the exemption of no legal access due to the roads issue, I cannot:
1) refinance
2) sell
3) get a home improvement loan to replace my roof
My home is worthless!
Mechanical Liens by contractors are now worthless.
Small home business owners can no longer use their properties for commercial bonding. A member of the
Pojoaque Valley Planning Committee did not show up last night for the meeting because he had to go to Texas
to find work. Although he recently won a construction contract, his home is no longer accepted as surety for his
performance bond. His commercial vehicle insurance no longer covers driving on County Road 84. He has laid
of his workers and the tax revenue from this business has stopped.
A leading cause of family bankruptcies is medical bills. 18 months ago I had a thymoma the size of my fist cut
out of of the center of my chest for $190,000. A lot of residents in the Pojoaque Valley do not have the
insurance to cover major medical expenses. Now that they cannot put up their homes for a medical loan, this
can now literally become a matter of life and death for some residents.
If I die, my children cannot pay the mortgage and they cannot sell. My property will go into foreclosure. The
bank will not be able to sell it either.
Half of us get divorced. How does that work when neither spouse can buy out the other and they cannot not sell
the property?
I told the commissioners that their title to the El Rancho Roads has been slandered and so has the title to my
property. I told them I had voted for the bonds which they sold this morning but I was filing a protest against
my assessed valuation because my property is now worthless, just as they predicted. I expressed regret for the
damage this will do to the bonding capacity of the Pojoaque Valley School District. I wondered out loud, how
are we then going to pay for the new fire station, new police substation, increased police protection, the new
water system, and other county services? If hundreds or thousands of other residents successfully show their
properties to be worthless, how does that affect county's ability to sell bonds? Note: At the end of the
preceding budget meeting, the commissioners and staff congratulated each other for the wonderfully successful
bond sale Tuesday morning, due in large part to the county's great credit rating and a 2% projected growth in
property taxes.
I rhetorically asked the commissioners what they were going to do when they get letters from all of the other
tribal entities in the county. I urged them to take the United States Department of the Interior seriously when
they are threatened with eviction and not just to treat it as rhetoric.
Addressing the commissioners - If the El Rancho bridge was washed away, you would declare an emergency,
allocate emergency funding, and seek state and federal relief. I submit that this issue has gone on for more than
a year and it has now become an emergency justifying the allocation of emergency funds to hire a qualified law
firm, specializing in these matters, to file in federal court. We cannot wait 49 years like we have been for the
water rights to be resolved. I submit that you should continue to negotiate and then settle in Federal District
2
Court. In addition to getting the Secretary of the interior to sign off on the agreement, you should also seek
congressional action.
Note: Prior to the meeting, the attached loan denial and title insurance document was reviewed by the county
attorney to ensure I had sufficiently redacted Personally Identifiable Information. Then the county clerk was
given permission to enter it into the formal record. She passed out copies to the commissioners and staff during
my presentation.
Following my comments, District One Commissioner Henry Roybal thanked me and made a few
comments. He noted that he too lives in El Rancho and is equally impacted. He is committed to negotiating
with San Ildefonso Pueblo. Relating a recent conversation with the Pueblo Governor, he updated us as to the
status of the overdue survey effort by the Pueblo.
Commission Chairman Robert Anaya also expressed thanks. He asked the county attorney if a federal judge
was needed. After being put on the spot and following a very long pause, the attorney was not able to give clear
path forward because the issue is too complex.
Note: The above was written from memory and not an exact record of what I said to the commission while
speaking extemporaneously.
To those affected by this issue:
You must each express the impact this has upon you to your elected officials at the school district, county,
state, and federal levels. With all the other pressing issues needing attention, this issue cannot be taken
seriously by our elected officials unless hundreds of residents continuously keep them informed of the
catastrophic consequences.
3
STATEMENT OF CREDIT DENIAL, TERMINATION OR CHANGE
Pojoaque Valley
El Rancho, north side
Exception 90 to the
San Ildefonso Pueblo Grant
APPLICANT'S NAME: Matthew Miles Murray
ADDRESS
15 Olive Ln
CITY. STATE. ZIP
Santa Fe, NM 87506
Originator NMLS ID:
I. Description of Account, Transaction, or Requested Credit: Mortgage Loan Application
II. Description of Action Taken: Application Denied
Denied
III. Principal Roason(s) for Credit Denial, Termination or Other Action Taken Concerning Credit. This section must
be completed in all instances
A. Credit
file
No
___ Insufficient
number of credit references
Limited credit
_ Poor credit performance with us
credit
provided
experience
~~l Delinquent past or present credit obligations
with others
I I Bankruptcy
Garnishment or attachment
Foreclosure or repossession
Collection action or judgment
Unacceptable type of credit references provided
Unable to verify credit references
Number of recent inquiries on credit bureau report
B. Income and Employment
__ Unable to verify income
Income insufficient for
amount of credit requested
Excessive obligations in relation to income
__ Unable to verify employment
Temporary or irregular employment
_] Length of employment
C. Residence
s
a
Length of residence
Unable to verify residence
I I Temporary res
No Legal Access
No Clear Title
D. Other
Credit application incomplete
Value or type of collateral not sufficient
X l Specify Title company cannot ensure clear
access to the property.
_
IV. Disclosure of Use of Information Obtained from an Outside Source:
I I Disclosure inapplicable
fxl Our credit decision was based in whole or in part on information obtained in a report from the consumer reporting
agency listed below You have a right under the Fair Credit Reporting Act to know the information contained in
your credit file at the consumer reporting agency The reporting agency played no part In our decision and is
unable to supply specific reasons why we have denied credit to you You also have a right to a free copy of your
report from the reporting agency, if you request it no later than 60 days after you receive this notice. In addition, if
you find that any information contained in the report you receive is inaccurate or incomplete, you have the right to
dispute the matter with the reporting agency
Name:
Street Address
City. State. Zip
Experian Consumer Relations
PO Box 2002
Allen. TX 75013
Telephone Number (888) 397-3742
Name:
Street Address:
City, State, Zip:
Equifax Consumer Relations
PO Box 740241
Atlanta, GA 30374
Telephone Number: (800) 685-1111
Name:
Street Address:
City. State. Zip
Telephone Number
TransUnion Consumer Relations
PO Box 1000
Chester, PA 19022
(800)916-8800
(If the Consumer Reporting Agency compiles and maintains files on consumers on a nationwide basis, provide a
toll-free telephone number.)
fx~l We also obtained your credit score from Experian Consumer Relations
and used it in making our credit decision. Your credit score is a number that reflects the information in your consumer
report Your credit score can change, depending on how the information in your consumer report changes.
Your credit score:|
Date 01/14/2015
Scores range from a low of
320
to a high of
844
If you have any questions regarding your credit score, you should contact Experian Consumer
Relations
at PO Box 2002, Allen, TX 75013, (888)397-3742
I I Our credit decision was based in whole or in part on information obtained from an affiliate or from an outside source
other than a consumer reporting agency. Under the Fair Credit Reporting Act, you have the right to make a written
request, no later than 60 days after you receive this notice, for the disclosure of the nature of this information.
If you have any questions regarding this notice, you should contact:
Contact s Name:
Creditor’s Name:
Address:
Telephone Number:
V. ECOA Notice
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis
of race, color, religion, national origin, sex. marital status, age (provided that the applicant has the capacity to enter into a
binding contract): because all or part of the applicant's Income derives from any public assistance program; or because
the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that
administers compliance with this law concerning this creditor is:
Agency Office of the Comptroller of the Currency, Customer Assistance Group
1301 McKinney Street, Suite 3450
Houston, TX 77010-9050
Notice
Date
CZ) Mailed Q Delivered
March 12. 2015
By
My bank requested the title
company remove exception 13
From: Title Company
Sent:
To:
My Bank
Cc:
Subject:
Title Companies have these problems:
1) Tribes stating roads are no longer public
2) Tribes threatening to shut down roads
3) Tribes demanding a payoff
Friday, March 06. 2015 10:55 AM
RE: 15 Olive In., Santa Fe, NM 87506/
Good Morning
Unfortunately we are not able to remove that exception at this time. I am sorry this has been a problem with a lot of
the properties up north. There is a problem with a couple of the tribes raising a problem stating that the roads are no
longer public therefore they are threatening to shut them down and landlock all the homeowners unless they receive
some money. So it is all being litigated at this time but we do not have an outcome. So the title companies are put in a
bind until it gets worked out which I am hoping happens SOON.
Thanks
Officer
ITitle - Santa Fe
Sent: Friday, March 06, 2015 10:44
Santa Fe, NM
AM
title'
Subject: REÿÿlivÿjj, Santa Fe,
NM 87506/ÿÿÿHH
From My Bank
To the Title Company
Can you please update me on the above file? Do we may be at least have an idea when we will find out about the
exception being removed or not? Please inform.
Thank you,
Mortgage Loan Processor
CONFIDENTIALITY NOTICE: The information contained in this message and in any attached documents is privileged
information and/or other confidential information intended only for the use of the individual or entity named above. If the
reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended
recipient you are hereby notified that any dissemination, distribution or copying of this communication is strictly
l
See exception 13 (bottom of the next to last page continued on the top of last page) for the deal killer.
ALTA Commitment Form
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
ITLE GUARANTY COMPANY
(“Company*), for a valuable consideration, commits to issue
its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, 8S
owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums
and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions
of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies
committed for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the
policy or policies committed for shall issue, whichever first occurs, provided that the failure to Issue the policy or policies is not
the fault of the Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
Guaranty Company has caused its corporate name and seal to be affixed by its duly
IN WITNESS WHEREOF.
authorized officers on the date shown in Schedule A.
Countersigned by:
title guaranty company
iecretary
CONDITIONS
1.
The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2.
If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in
Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved
from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced
by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if
the Company otherwise acquires actual knowledge of any such cefect, lien, encumbrance, adverse claim or other
matter, the Company at its option m8y amend Schedule B of this Commitment accordingly, but such amendment shall
not relieve tne Company from liability previously Incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3.
Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in
reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions
shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this
Commitment. In no event shall such liability exceed the amount stated in Schedule A for the poficy or policies
committed for and such liability is subject to the insunng provisions and Conditions and Stipulations and the Exclusions
from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby
incorporated by reference and are made a part of this Commitment except as expressly modified herein.
4.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of
the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against
the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered
by this Commitment must be based on and are subject to the provisions of this Commitment.
5.
The policy to be issued contains an arbitration clause
AH arbitrable matters when the Amount of Insurance is
$2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules at< MinYAmvw.tttfa orn/>
All notices requiredtobegiventheCompanyandanystatement in writing required to be furnished the Company shall be
to at
Pursuant to the New Mexico Title Insurance Law §59A- -4 NMSA 1978, Control and supervision by superintendent and Title Insurance
Regulation $13.14.18.10, NMAC, no part of any title insurance commitment, policy or endorsement form may be added to, altered, inserted in
or typed upon, deleted or otherwise changed from the title insurance form promulgated by the New Mexico Superintendent of Insurance, nor
issued by a person or company not licensed with regard to the business of title insurance by the New Mexico Superintendent of Insurance,
nor issued by a person or company who does not own, operate or control an approved title abstract plant as defined by New Mexico law and
regulations for the county wherein the property is located.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No.:
1. Effective Date: January 30, 2015 at 8 00 A M
2. Policy or Policies to be issued:
(a) A L T A. Owner’s Policy
20C6 (Standard)
(b)A,L.T.A. Loan Policy
2006 (Standard)
Amount of Insurance
S|
(00.00
Proposed Insured.
iBank, its successors and assigns
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Matthew M. Murray
5. The land referred to in this Commitment is described as follows:
All of Tract “A1." as shown on, "Plat of Survey for Mathew Murray & James Blossom Portion of Exception 90, P C.
36. P. 4 within the San lldefonso Pueblo Grant in Sections 4 & 9, T19N, R8E, N.M.P.M Santa Fe County, New
Mexico." filed for record as Document Number 582,092, appearing in Plat Book 160, Page 014, records of Santa
Fe County, New Mexico.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PARTI
File No.
The following are the requirements to be complied with:
.
1 Payment of the full consideration to, or for the account of, the grantors or mortgagors.
2. Payment of all taxes, charges, assessments, levied and assessed against subject premises, which are due and
payable.
3. Satisfactory evidence should be had that improvements and/or repairs or alterations thereto are completed; that
contractor, subcontractor, labor and materialmen are all paid.
4. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly
filed for record, to wit:
a. Pay ad valorem taxes assessed under account number 036004468, records of Santa Fe County, New
Mexico.
b. Release of Mortgage, from Matthew M. Murray to
recorded as Instrument No.
of Santa Fe County. New Mexico
cÿxecution and recordation of Mortgage from Matthew M. Murray (indicate marital status) t(
securing its loan.
d. Obtain a current improvement Location Report if Standard Exception 2 and 3 (Survey Protection) is to be
deleted.
5. Provide this Company with official identification of all parties involved in this transaction before or at closing.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No.
Standard exceptions 1, 2, 3 and or 4, may be deleted from any policy upon compliance with all provisions of the
applicable rules, upon payment of all additional premiums required by the applicable rules, upon receipt of the required
documents and upon compliance with the company’s underwriting standards for each such deletion. Standard exception 5
may be deleted from the policy If the name insured in the case of an owner’s policy, or the vestee, in the case of a
leasehold or loan policy, is a corporation, a partnership, or other artificial entity, or a person holding title as trustee. Except
for the issuance of a U S policy form (NM7 or NM34), any policy to be issued pursuant to this commitment will be
endorsed or modified in schedule 8 by the company to waive its right to demand arbitration pursuant to the conditions and
stipulations of the policy at no cost or charge to the insured The endorsement or the language added to schedule B of the
policy shall read: 'In compliance with Subsection D of 13.14.18.10 NMAC, the company hereby waives its right to
demand arbitration pursuant to the title Insurance arbitration rules of the American land title association. Nothing herein
prohibits the arbitration of all arbitrable .matters when agreed to by both the company and the insured."
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same
are disposed of to the satisfaction of the Company:
1. Right or claims of parties in possession not shown by the public records.
2. Easements or claims of easements, not shown by the public records.
3. Encroachments, overlaps, conflicts in boundary lines, shortages in area, or other matters which would be
disclosed by an accurate survey and inspection of the premises.
4. Any lien, claim or nght to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law
and not shown by the public records.
5. Community property, survivorship, or homestead nghts, if any, of any spouse of the insured (or vestee in a
leasehold or loan policy)
6. [RESERVED)
7. Water rights, claims or tide to water,
8. [RESERVED]
9. Taxes for the year 2015, and thereafter.
10. Defects, liens, encumbrances, adverse claims or other matters, if any, created first appearing in the public records
or attaching subsequent to the Effective Date hereof but prior to the dare the proposed Insured acquires for value
of record the estate or interest or mortgage thereon covered by the Commitment.
11. All matters that may be shown on an Improvement Location Report or survey of the property, if one is provided to
the title company.
12. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas.
uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with an
rights, privileges, and immunities relating thereto, whetner or not appearing in the Public Records or listed in
Schedule B. The Company makes no representation as to the present ownership of any such interests. There
may be leases, grants, exceptions or reservations of interests that are not listed.
13. Any right, title or interest of any federally recognized Native
Exception 13
Americantÿbal group or association
The deal killer
to any parcel of
Exception 13
continued
COMMITMENT FOR TITLE INSURANCE
_ SCHEDULE B
PART II
The deal killer
property used for the purpose of ingress and egress to subject tract.
14. Title to the mobile home presently located on the above described land is not insured herein and any loss or
damage suffered as a result of the transfer of title to the mobile home or the removal of the mobile home from the
above described land is not insured herein.
15. Rights of parties in possession, daimed by or through any leasehold instrument or assignment thereof, not shown
by the public records.
16. Easement Matthew M. Murray and Barbara Murray to Jemez Mountains Electric Cooperative, Inc., dated 30
December 1985 recorded in Book 542 Misc., Page 776, records of Santa Fe County, New Mexico.
17. Easement. Matthew Murray anc Baroara Murray to Jemez Mountains Electric Cooperative, dated 4 April 1986
recorded in Book 555 Misc., Page 776, records of Santa Fe County. New Mexico
18. Twenty (20) foot wide ingress and egress easement running along the easterly boundary of tract as shown on,
"Plat of Survey for Mathew Murray & James Blossom Portion of Exception 90, P.C. 36, P. 4 within the San
lldefonso Pueblo Grant in Sections 4 & 9, T19N. R8E, N.M.P.M. Santa Fe County, New Mexico," filed for record as
Document Number 582,092. appearing in Plat Book 160, Page 014, records of Santa Fe County, New Mexico.
19. Encroachment of wall onto twenty foot wide ingress and egress easement, utility lines running through tract, utility
poles and other appurtenant accessories as situated thereon, all as contained on Surveyor's Inspection Report,
prepared by Moms A Apodaca. NMPS No. 5300, dated 23 July 1993, as SIR No. 93-216.
End of Schedule B
In compliance with Subsection D of 13.14.18.10 NMAC, the Company hereby waives its right to demand
arbitration pursuant to the Title Insurance Arbitration rules of the American Land Title Association. Nothing
herein prohibits the arbitration of all arbitrable matters when agreed to by both the Company and the Insured.