You purchase your dream home-site for $35k in a brand new 38 lot subdivision, and discover you’ve just bought into the infamous Florida swampland scam, the 1.89 acre property is 98% RESTRICTED (1.85 ac)by undisclosed protected Jurisdictional Wetlands (the water is underground, not above). Your building area is only 40’ ft. x 40’ ft., and the minimum home size allowed in the subdivision is 1600 sq. ft. (.04 acre)?
*Note: minimum lot size in Florida requiring well & septic is .50 acres, 21,780 sq. ft. FS §381.0065(4)(A), and unrestricted FAC Chapter 64E-6(7)(A)(B.) The lot is NOT a home-site per FS §498.005 & FS §498.022, and cannot be sold to out-of-state buyers without disclosure 15 USC §1703 & 24 CFR §1710.3, AND legally binding contracts are breached eleven times. (FAR/BAR-6S 10/01 & BRD-4tb Rev. 5/00)
You then spend the next 2 ½ years fighting to get back your money! Your attorney files a case of fraud, and YOU get sued back for defamation,whichthe Court allows? The people you are suing are all related somehow, and you’re from out of town. Your attorney withdraws after 1-year of getting hit weekly with stacks of motions for defamation, slander, libel and no attorney will help you with a 3000+ page case file (largest file in records vault).
Next you represent yourself pro se, put a stop to all further punitive damage motions against you, “Jury Trial” is set for 09-02-08, and get Judge #1 recused (07-02-08) in chambers.
The defendants’ schedule a hearing on 08-05-08 with Judge #2 to rehear AGAIN a 2nd time the very same motions already heard on 07-02-08 with Judge #1 who said “save it for trial”?(Recordings available) The pro tem actingChief District Judge #2 hears casestoday, and the defendants’ offer $35k (purchase price only, no damages) the day before to drop the case? Judge #2 flat out DENIES all their motions, stating “You sold a lemon, and now you’re suing?” Absolutely NOT! NO, NO, NO, “You’re going to trial”!!! (Transcripts available)
Finally your big day arrives on 08-12-08 to get your 1st chance all year in the Courtroom to blow them away for good with a MOTION TO STRIKE ALL DEFENDANTS’ AFFIRMATIVE DEFENSES, and CASE CLOSED! However, Judge #2 is gone and here comes Judge #3? Your case file has now mysteriously vanished from the records vault; he’s conveniently overbooked today, and cannot hear your motion? *The defendants’ today file and schedule a hearing for their motion filed on 07-22-08, “Final Summary Judgment” to be heard on 09-02-08?The defendants’ are notified a week earlier by Judge #4’s Judicial Assistant (your telephone number is no longer in the case file?) 09-02-08 JURY TRIAL IS OFF with ONLY 2 WEEKS TO GO???NO WRITTEN COURT DOCUMENTATION!!!The Court’s order entered March 3, 2008 specifically states ALL MOTIONS MUST BE HEARD PRIOR TO 08-13-08 AND JURY TRIAL IS SCHEDULED TUESDAY SEPTEMBER 2, 2008 at 9AM. FOUR (4)days have been reserved for trial!!!
Now here comes Judge #4 on 09-02-08 special order from the 8th District Chief Judge who shares social circles and family with the defendants’. Judge #4 hears several cases, exits the courtroom, and a very big security guard says you’re being moved into chambers? Judge #4 tells you he’s NOT going to read your motions, and you can only speak by affidavit? (Recordings available)Judge #4 then GRANTS the developers of this UNBUILDABLE home-site a JUDGMENT and sets them free of all charges, and you can’t even say a word? Judge #4 thensays to the defendants’ attorney“Sorry I missed your last hearing”(the hearing all their notions were DENIED) shook hands, andboth smile at you with a look that says nothing less than F@#$ Y#X
Developer Steve Smith, Realtor Wayne Douglas, and Surveyor Ray Daugherty's Home Plan Design for Your New Home in the Edith Ellen Estates Subdivision??? "Copyrighted January 15, 2000". * 38 lots total in the subdivision & ONLY 5 homes constructed to date. As of 1-26-08 there were 22 lots FOR SALE. WHY??? This is what they submitted to the court as their defense!
Note:
* Home fronts street at 45 degree angle?
* Average 3/2 1600 sq. ft. home heated/cooled + garage requires 2937 sq. ft. (depth x width) area. Not 40' ft. x 40' ft. / 1600 SQ. FT.
* Defendants’ illustration exceeds building area limitations.
* 1/3 of septic drain field illustrated built in drainage ditch? MUST be 15 ft. away!
* Drain field MUST be at least 2 times as large as absorption area required by law!
* Minimum unrestricted land area to permit well & septic is 21,780 sq. ft. in Florida.
* Cannot cut a blade of grass outside of (highlighted) unrestricted area??? Fire/wind hazard!
* NEVER PERMITTED!!!* Plus many, many more violations!!!
The Developers Edith Ellen Smith & Stephen F. Smith
Chief Judge Frederick D. Smith
Judge #1 Mark W. Moseley
Judge #4 Peter K. Sieg
Realtor Wayne E. Douglas, Sr.- Douglas Realty @ Starke (Currenly hiding under a rock!)
The Victims: Florence & Ma
Florence is Ma's legal guardian, and Ma's been living with us since 1996 because she's had a stroke. Florence would never let her Mom be put in some home. Ma was 79 years old when we bought this property, and will be 83 on Christmas 2008. This was her dream to have a place where all her children, grandchildren, and great grandchildren could come see her and get the family together. She hopes you are all proud of yourselves, this is how you make a living? She would personally like to thank Wayne, Steve, Ray, the Bradford County Courthouse Judges, Property Appraiser, Building & Zoning Dept., and Title Brokers for their business. Ma never did move to Florida since living in the Sleepy Hollow Motel would not be suitable for her. Ma plans to thank you all personally, very, very soon!!
* The 1.89-acre lot sold in the Edith Ellen Estates subdivision in Hampton Florida by Developer Stephen F. Smith & Realtor Wayne E. Douglas Sr. encompasses 2.2 football fields along the street, which they received thirty five thousand dollars for in return.
* The maximum area of unrestricted land that can be squared at right angles parallel to the street is a 40’ ft. x 40’ ft. patch of land. This represents less than 2% of the lot. The rest of this land is restricted from development because it is a State Protected Jurisdictional Wetland, for the bugs, bushes, and animals. Not people! Also, it is the subdivision’s Drainage Easement for the benefit of all homeowners, and was required by the subdivision permit issued by the state to be owned by the homeowners association, and not to be ever sold.
* NO RESTRICTIONS WERE DISCLOSED AS REQUIRED BY LAW.
* It is IMPOSSIBLE to put in a 1600 ft. area, a minimum of a 1600 sq. ft. home heated & cooled, garage, driveway, backyard, water well, septic tank, septic lift pump, a 30’ ft. x 60’ ft. or 20’ ft. x 90’ ft. above ground mound drain field, pool, shed, picnic table, 3 trash containers, etc.
* You cannot camp-out on this land.
* You can only live here in a home, which is certified to occupy by the county.
NO CONTRACTOR HAS BUILT ANYTHING IN SUCH A LIMITED AREA EVER!!!
* The main subdivision sign insinuates if you purchase land here, you can build a home, and be "Fishing Right Now!" You cannot be fishing here ever, period! To protect the public welfare, numerous laws have been established, Civil, Federal, Administrative, etc. Most laws do not appear to be ever enforced by the regulators or apply in the Bradford County Courthouse, North Florida. However, the law does apply to this situation.
VIOLATIONS INCLUDE:
FS 381.0065(4)(a) - Minimum legal lot size with septic is ½ acre excluding restrictions in Florida.
State of Florida Department of Health Chapter 64E-6, Florida Administrative Code Standards for Onsite Sewage Treatment and Disposal Systems.
HUD Anti-Fraud Provisions - Developer & Realtor MUST DISCLOSE either in Property Report or equivalent.
FS 498 – Cannot sell unbuildable land to unsuspecting buyers, the infamous swampland scam.
Violation of subdivision building permit, lot required NOT to be sold.
FS 720 – A homeowner’s association contract (deed restrictions) were added without signatures.
Title Policy restrictions added without buyer’s knowledge and written approval or signature.
*** Who in their right mind would trade a $100 bill for 8 quarters? That is a better deal than this! Pay tax on the $100 @ 7% = $7 minus the 8 quarters EQUALS "Your OUT $5 !!!See how this works!!!
Fraud
n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted. Borderline overreaching or taking advantage of another's naiveté involving smaller amounts is often overlooked by law enforcement, which suggests the victim seek a "civil remedy" (i.e., sue). However, increasingly fraud, which has victimized a large segment of the public (even in individually small amounts), has become the target of consumer fraud divisions in the offices of district attorneys and attorneys general. See also: constructive fraudexemplary damagesextrinsic fraudfraud in the inducementfraudulent conveyanceintrinsic fraud
