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Legal Summary
You Be the Judge!
The Art of a Scam
Who's Busted!
Know The Law
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The Deposition
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Official Site of Edith Ellen Estates Subdivision Lot Purchaser - 1.89 Acres -
Hampton Lake.  N. Florida, Bradford County U.S.A.  $35,000.00

Please see this link for complete land fraud information and more details including statutes and codes:

http://floridacourts.angelfire.com/



http://photobucket.com/Edith_Ellen_Estates


If You Lived Here, You Could Be Fishing Right Now!

BUT I CAN'T BUILD A HOUSE???

Sound familiar?  .



Actually Swampfront Lots!!! (Jurisdictional Wetlands)



  • Lots Average Two Plus Acres In Size.
  • Our Lot Is 0.04 Acres Developable.
  • 1.85 Acres Restricted.
  • 1.89 Acres Taxable.
  • 100% Misrepresentation!

Developer / Seller - Stephen F. Smith & Edith Ellen Smith - Brooker, FL.

Sales Agent - Douglas Realty - Wayne E. Douglas Sr. - Starke, FL.

es·tate noun, verb, -tat·ed, -tat·ing.1. a piece of landed property, esp. one of large extent with an elaborate house on it: to have an estate in the country.

Here is the lot that was sold indicating restrictions that were not disclosed prior to sale.  As you can see almost 99% of this property cannot be developed, the majority consists of a "State Protected Jurisdictional Wetland", which is only for the bugs, bushes, and animals, not people.  The Property Appraiser, Building & Zoning - Building Official, and Zoning Director all said this was good property, not a swamp, not a flood area, and they would buy it themselves?  This is what you get when you buy land in a brand new subdivision from a realtor with "38 years experience" in Florida these days? 

You cannot legally step foot on this land!  This lot is legally unbuildable by law, and cannot be sold as a home-site by law!  F.S. 381.0065(4)(a) Administrative Code 64E-6, pg. 13-7a.  Developer did not permit lot, and the subdivision’s permit required it NOT to be sold ever!  Sales of such lots to the public by law are considered fraudulent, deceptive, and illegal. F.S. 498.



Lot purchased includes NO Homeowners Association Fees.


RIDERS; ADDENDA; SPECIAL CLAUSES – HOMEOWNERS’ ASSOCIATION / NONE.


http://photobucket.com/Contracts

RESTRICTIONS; EASEMENTS; LIMITATIONS – Any additional restrictions should be attached by an addendum.  Where?  AND nothing will prevent use of the property for "Single Family Residential"?  Well how about F.S. 381.0065(4)(a) Administrative Code 64E-6, pg. 13-7a.



Now look at Title Policy mailed June 27, 2006 - 4 ½ months after closing escrow.



http://photobucket.com/Title_Policy

TRANSACTION BROKER NOTICE.



Standard Florida Form Contract.

http://photobucket.com/Contracts


Here's a closer look.  The unrestricted area is large enough for a 20' ft. x 40' ft. swimming pool, and a few lounge chairs.  However legally, you cannot build anything whatsoever!



Waste of Money???  You Be the Judge!  The experience cost much more than this!


Because payments were transmitted by the U.S. Postal Service, these activities constituted the federal crime of Mail Fraud under 18 U.S.C. § 1341.



Here is a close-up of the unrestricted area of 40’ ft. x 40’ ft.  This is where you build a minimum 1600+ sq. ft. home, garage, front & backyard, pool, cabana/pool house, shed, septic tank, lift pump, septic mound, water well, driveway, deck, boat parking, picnic table, BBQ, trash container storage, etc???  Actual septic mound would over triple the size illustrated here. 

The MINIMUM AREA REQUIRED by LAW to be a subdivision home-site lot in Florida is well over TEN TIMES this size! Restricted land area does NOT count!





Actual Photo nof the Building Area - Developer Smith states in his deposition he designed the lot for a 1 story 1600 sq. ft. home???  pg.19 line 20.



Home with Onsite Sewage Treatment Disposal System.



This tree is far, far away from the house by comparison, but not far enough!



LANDSCAPING YOUR HOME IN A FIRE AREA.  The first step in protection is observing the vegetation and terrain around you.  Could you and your family survive a fire?  Would firemen have a chance to save you with uncut brush & trees only inches away from the house, and 100' ft. flames?



"How do You sleep at night Wayne & Steve?"  "You should be ashamed of yourself!!!"



This is from the courthouse.  Notice there are NO Restrictions???



Here is a diagram from the subdivision's permit that required all "Jurisdictional Wetlands" and "35' ft. buffers" to be included in the Drainage Easements, and Granted to the Homeowners Association!  This lot magically appeared after the subdivision was permitted?  It was NOT to be DEEDED / CONVEYED OUTSIDE of the HOA?  It's nowhere near the minimum lot size requirement of 21,780 sq. ft., which has been the law in Florida since Jan. 1, 1972.

Actual unrestricted land area is smaller than illustrated since rear setbacks have not been taken into consideration!



Majority of lot #4 is a Drainage Easement that was granted to the Homeowners Association.



And yes, Developer Smith was perfectly aware of the requirements!  Should he step down or resign from the Homeowners Association, these illegal & unbuildable wetland lots will become the liability of the Homeowners Association, for all the other homeowners?  What a nice guy!







Should you complain, the realtor & developer will say: "That's Life" "Why You Don't Just Sell Your Lot If You're Not Happy"  "You Can Talk To An Attorney, But That Might Cost You More Than You Paid For Your Land" and our all-time favorite "You Shouldn't Listen To What People Tell You Or What You Hear Them Say" from Developer Smith?  And these people tell others to read the Bible?  Sounds like somebody doesn't practice what they preach!


What is this Realtor & Developer's defense/excuse?

  • They do not have to be honest or truthful in their business?
  • They do not have to disclose material defects?
  • They have no fiduciary duty to the public?  (Why have a real estate license?)
  • The "Realtors Code Of Ethics" - do not apply to "Transaction Brokers".
  • State & Federal Laws NOT applicable in Bradford County, North Florida?

The Deposition

Hire an attorney to sort out the legalities? 

You will be sued for Defamation of Character, Slander, Libel, Threatening their lives, etc. and numerous other frivolous motions that have absolutely nothing to do with anything (97 Pleadings to date so far).  All while they hide from the media, who would like to get their side of the story?  Ever see a Realtor or Company sue their customers after stealing their money?  Here's 1 recent example!









Duties to Clients
and Customers


Article 1
REALTORS® protect and promote their
clients’ interests while treating all parties
honestly.

Article 2
REALTORS® refrain from exaggeration, mis-
representation, or concealment of pertinent
facts related to property or transactions.

Article 4
When buying or selling on their own
account or for their families or firms,
REALTORS® make their true position or
interest known.

Article 5
REALTORS® do not provide professional
services where they have any present or
contemplated interest in property without
disclosing that interest to all affected parties.

Article 6
REALTORS® disclose any fee or financial
benefit they may receive from recommend-
ing related real estate products or services.

Article 7
REALTORS® receive compensation from
only one party, except where they make full
disclosure and receive informed consent
from their client.


Article 9
REALTORS® make sure that contract details
are spelled out in writing and that parties
receive copies.

Duties to the Public

Article 10
REALTORS® give equal professional service
to all clients and customers irrespective of
race, color, religion, sex, handicap, familial
status, or national origin.

Article 11
REALTORS® are knowledgeable and
competent in the fields of practice in which
they engage or they get assistance from a
knowledgeable professional, or disclose any
lack of expertise to their client.

Article 12
REALTORS® paint a true picture in their ad-
vertising and in other public representations.


Article 14
REALTORS® willingly participate in ethics
investigations and enforcement actions.
Duties to REALTORS


Article 17
REALTORS® arbitrate financial disagree-
ments with other REALTORS® and with
their clients.

NATIONAL ASSOCIATION OF REALTORS®
Code of EthicsCode of Ethics
REALTORS’® Pledgeof Performance and ServiceThe NATIONAL ASSOCIATION OF
REALTORS® adopted the Code of Ethics in
1913, following the professions of medicine, law,
and engineering. 

REALTORS® are subject to disciplinary action
and sanctions if they violate the duties imposed
by the Code of Ethics.

The Code of Ethics is a detailed document that
spells out the professional responsibilities of
every REALTOR®.

Prepared by the NATIONAL ASSOCIATION OF REALTORS®
©2006 NATIONAL ASSOCIATION OF REALTORS®




Would YOU Buy this Property???