We bet you $100 you can’t show me a more blatant rip-off when compared to this!
The entire case summarized.
Ethical, Fair or Legal???
1. You buy a couple acres of land in N. Florida, adjacent to Lake Hampton (not lakefront) to build your home. The seller is a wealthy developer who inherited his fortune and thousands of acres of real estate from his granddaddy, his partner the promoter is a retiree from the infamous Enron Corp. You verify all information about the land with:
a.) County Property Appraiser;
b.) County Building & Zoning Building Official and Zoning Director;
c.) Survey is filed with the Courthouse;
d.) Appraised by licensed Real Estate Appraiser;
e.) Subdivision is permitted by the State of Florida;
f.) Inquire with neighbors, locals, etc.;
g.) You obtain a Tile Insurance Policy;
h.) You utilize a realtor with 38 years experience;
i.) A major bank financed your neighbor’s lot (who later discovered he has the exact same problem);
j.) You sign a written contract “Bound by Statutory Warranty” stating all restrictions have been disclosed to you which are none, etc.;
k.) Obtain a WARRANTY DEED which states the property is FREE FROM ALL ENCUMBRANCES.
2. Six months later escrow is closed and you move 2500 miles from one coast to another in a semi-truck you drive yourself containing your home of possessions and furnishings. After 3 weeks of being stranded in motels, permit delays, land clearing, etc. the State of Florida informs you:
a.) 98% of the land you purchased (2.2 football fields along the street end to end) is OWNED BY THE STATE OF FLORIDA BY VIRTUE OF SOVEREIGNTY. A Protected Environmental Nature Reserve called a “Jurisdictional Wetland”. A wetland is an underground swamp (18 inches below the surface is a water-table) with no visible surface water;
b.) You cannot step foot on this land or cut a blade of grass. The maximum unrestricted area (for building purposes) is 40’ feet x 40’ feet, or 1600 square feet. The Minimum area by law (allowing a septic & well) is 100’ feet x 218’ feet, or half (½) an acre per Fla. Stat. §381.0065(4)(a) and F.A.C. 64E-6.005(7)(a)-(b);
c.) The land you bought is the subdivision’s drainage easement, and was NOT permitted as a home-site;
d.) The State of Florida does NOT enforce permits once issued, and does not get involved in any legal matters.
3. You hire a lawyer and for the next 1-year the Court allows the following:
a.) The seller does not have to disclose;
b.) You GET SUED and defend bogus and frivolous Slander and Defamation charges;
c.) Irrelevant issues are used as a defense;
d.) Your complaint is NEVER once addressed by the judge since everyone in Starke Florida, Bradford County is related, or one another’s kin;
e.) Your lawyer quits stating “that’s what you get for moving to Yahoo country” (15 minutes from Gainesville);
f.) The Eighth Judicial Circuit Chief District Judge Frederick D. Smith is family and related to developer Stephen F. Smith, the defendant. Each share a striking resemblance, mannerisms, breeding origin, and DNA. All official records are suppressed from public record since Fred is a judge.
4. No attorney will help you, so you represent yourself Pro se. Your complaint is the Interstate Land Sales Full Disclosure Act, 15 U.S.C §1703(a)(2), and 24 C.F.R. §1710.4(b) and (c), your contract was breeched eleven (11) times, and Civil Conspiracy.
5. You obtain an adjudged written Court Ordered Jury Trial scheduled 3 months away!
6. You get bombarded with TRIPLE the bogus slander motions from the defendants compared to what your ex-attorney received and who already quit. You also amass the largest court case file in the historyof the Bradford County Courthouse Records Vault, over eight (8) boxed volumes. All this from a simple 3 page contract that said: name, address, social security number, telephone, no restrictions, date & sign, bound by statutory warranty, and Free from Encumbrances???
a.) Judge #1 is miraculously recused at plaintiffs’ request and 1st appearance.A new judge is assigned from out-of-town (???); however he is unexpectedly out sick for the defendant’s next two (2) scheduled hearings;
b.) Judge #2 DENIES all defendants’ punitive damages on their slander claims, and schedules a hearing with the plaintiffs in 1 week. “You are going to trial!” he exclaims to the defense’s counsel. This is the last time we ever see this judge ever again;
c.) Judge #3 (replaced Judge #2) cannot rule on plaintiffs’ motions today because: somehow the case file has mysteriously disappeared from the records vault? (This was Judge #4’s “judicial assistant’s” explanation, who was at the court today, and does NOT even work here yet???) Defendants did not show up today and had advanced warning???
7. The Jury Trial is CANCELLED verbally by defendants counsel’s secretary and against an adjudged written court order??? NO COURT RECORD EXISTS EXPLAINING HOW THIS COULD HAPPEN? Since all tactics by the defense have failed thus far against the Pro se plaintiffs, the defendants resort to the classic “railroad job”.
8. Now Judge #4 appears the day of trial, which has now been converted to an in-chambers defense hearing, and does the following:
a. Remove the plaintiffs and defense counsel OUT of the courtroom full of spectators and into chambers;
b. Never read the case file or plaintiff’s motions, and asks defendant’s counsel what it says;
c. Refuses to allow plaintiffs Pro se EVER to speak in his (borrowed) chambers (This judge is from out-of-town);
d. IGNORED the law AND outright lies “what” the Rules of Civil Procedure are;
e. Refused to ever schedule ANY hearing for the plaintiffs;
f. Confers with defendants’ counsel OFFthe RECORD, who wrote ALL his rulings for him to sign;
g. Plaintiffs NEVER once had 1-SINGLE hearing or trial, and motions from 2007 were NEVER HEARD or ever addressed.
9. Judge #4 grants the defendants a Summary Final Judgment against the plaintiffs AND IS INVOLUNTARILY RETIRED THE VERY NEXT DAY (2009) since he is 70 years-old. Note: This was planned all along with Judge Smith, since after the last hearing (2 total) Judge #4 forgot to turn off his speakerphone, and Mrs. Gata appearing Ex-parte overheard their conversation! “I’m going to make a lot more money on this” which will be cleverly disguised in his retirement bonus check! The F.B.I. then can’t touch him!
WELCOME TO BRADFORD COUNTY FLORIDA. The Capitol of Corruption, Collusion, and Conspiracy. There is currently NO regulatory agency that can do ANYTHING about this problem with a CORRUPT CHIEF DISTRICT JUDGE in control of the entire North Florida area.
Please Note: The Florida Department of Law Enforcement AND the United States Postal Inspector attempted to prosecute. In each attempt the prosecutors in Alachua (Chief Judge Smith district) refused to indict, was entirely familiar with the case, and knew of information NOT IN THE COURT RECORD. (Hmm?)
The plaintiffs are currently being sued for Slander & Defamation!
The land purchased by the plaintiffs is currently being taken away by the Bradford Court to pay for the defendant’s exorbitant legal expenses, which are twice the amount of the original claim! A Lis Pendens has already been filed.
· The case is now before the First District Court of Appeal in Tallahassee Florida, Case No.: 1D08-5013.
· Lower Case 04-2007-CA-308, the Eighth District Judicial Circuit Court, Bradford County Florida.
· A case has been now filed in Los Angeles against the realtor Case No.: CV08 08233 PSG(RCx).
· Pro se plaintiffs are now ready to file a Petition for Writ of Certiorari in the Supreme Court.
· RICO charges will be filed next AGAINST EVERYONE involved including, but not limited to: Developers Stephen F. Smith and Edith Ellen Smith, Promoter and Realtor Wayne E. Douglas, Sr. from Douglas Realty, Eighth District Chief Judge Frederick D. Smith, Judge Mark W. Moseley, Judge Peter K. Sieg, Surveyor Gerald Ray Daugherty, Bradford County Courthouse Property Appraiser and Building & Zoning Officials Wilson Whidden and Nora Thompson, Real Estate Developer Thomas K. Smoak, Real Estate Appraiser Terry A. Gaines, Title Policy Broker Land Title Services of Starke, Florida, First American Title Insurance Company, Attorney Michael T. Ruff, Esq., Attorney James J. Taylor Jr., Esq., Attorney Robert A. Stok, Esq., the State of Florida, Suwannee River Water Management District, Florida Division of Land Sales in Tallahassee, Florida Department of Business and Professional Regulation, Florida Real Estate Commission, Governor Charlie Crist, and others.
· Special Agent Mark Warren of the Florida Department of Law Enforcement.
Pending Credit:
CBS-TV NY 48 HOURS
60 MINUTES
· Debbie Reid of the Federal Department of Housing and Urban Development (HUD), in Washington, DC.
Meet the victims: Florence and Ma lost their home to this Bradford County Florida scam. Ma just turned 83-years-old, Florence’s husband is still stranded in Florida fighting this charade, all their possessions are rotting from humidity in storage, this ordeal has been going on since December 2005, and NOBODY CAN DO ANYTHING ABOUT IT?
