Fidelity Land Trust Busted! Attorney General Bondi’s Office Protects Distressed Homeowners from Mortgage Relief Scam!

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Bondi’s Office Protects Distressed Homeowners from Mortgage Relief Scam

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Piggybankblog posted on 09/26/12

Cross liked with myfloridalegal.com

TALLAHASSEE, Fla.—Attorney General Pam Bondi’s office has obtained a temporary injunction and asset freeze against a company that allegedly preyed on distressed homeowners, defrauding them out of thousands of dollars in a mortgage relief scam. According to the complaint filed by the Attorney General’s Office, Edward Cherry, Lawrence Diodato, Paul Gellenbeck, Shane Frankovic, Anthony C. Pintsopoulos and their businesses charged homeowners $3,500 in up-front fees and, in return, falsely guaranteed that the defendants would “void” the homeowner’s “upside-down mortgage.” The Broward County Circuit Court today ordered the defendants to immediately cease operations and freeze their assets.

“This mortgage relief scam targeted hundreds of distressed homeowners who were already facing financial hardship,” stated Attorney General Pam Bondi. “By obtaining a temporary injunction and asset freeze, we have stopped this company from preying on even more of Florida’s homeowners.” An example of the allegedly misleading claims made by the company is that they would work with property owners who are currently in distress or upside down in their mortgage. The business claimed that they were the only ones that offered Florida homeowners the chance to refinance an upside down mortgage and regain equity in their homes by permanently cancelling or voiding the homeowners’ mortgages. The temporary injunction bars the company from advertising for or providing services to Florida homeowners directly or indirectly by which the defendants claim to cancel or otherwise void previously recorded mortgages so that the mortgages are not enforceable against defendants or any other party because the mortgage assignments were not recorded. The temporary injunction and asset freeze were obtained against: Edward Cherry, Lawrence Diodato, Paul Gellenbeck, Shane Frankovic, Anthony C. Pintsopoulos, The Fidelity Land Trust Company, LLC, The Sunshine State Land Trust Company, LLC, Florida Land Trust Services, LLC, Growth Capital Funding, LLC, August Belmont And Company, LLC, Esquire Litigation Support, LLC, Click Media Consulting, LLC doing business as Florida Home Rescue Mission and American Federal Trust, LLC, EsqLitigationSupport.Com, LLC, Zion Partners Irrevocable Trust, LLC, Zion Partners Irrev Trust, LLC, and their officers, affiliates, agents, servants, employees, attorneys and those persons in active concert or participation.

 

2013-01-07 Order _new by

Other court documents below:

  1. Florida Ag vs Fidelity Land Trust
  2. 047111291192

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Scores of homeowners unsure how to get back title from trusts

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Cross linked with palmbeachpost.com

For some, it was the last hope to keep their homes and so they listened to the pitch rather than their gut.

They paid thousands of dollars, deeded their homes to a land trust company, and waited for the payout — a canceled mortgage, lower monthly payments, regained equity in their homes.

Foreclosure defense attorneys doubted the soundness of the trusts’ legal maneuvering. Trust managers assured they’d never lost a case. Florida Attorney General Pam Bondi called it a “scam.”

She shut down 12 South Florida land trusts and related companies on Tuesday, freezing the assets of the firms and their owners and leaving scores of homeowners unsure of their next step or how to get their deeds back. Although owners may no longer have title, they still owe the note, or debt, to the bank.

“I had an uneasy feeling about it, like if it was too good to be true, it probably was,” said Lee County resident Irene Arcario, who is one of an estimated 290 homeowners statewide who signed their deeds over to the trusts. “I have a real sick feeling in my stomach right now.”

Arcario said she wanted to cancel her deal with Fidelity Land Trust Co. weeks ago when she started getting bills saying she owed it $900-a-month on top of $3,000 she paid in the beginning.

“They persuaded me to stay in the program,” Arcario said about the company, which has a Boca Raton address in state records. “Then I got a letter saying I needed to pay them for foreclosure defense.”

Fidelity managers have denied the attorney general’s claims, which include making false promises and representations to consumers. The complaint, filed in Broward County, calls Fidelity’s legal theory that it can cancel a mortgage and quiet title “frivolous.”

Attorney Spencer Kuvin, whose Delray Beach firm is representing Fidelity Land Trust and its managing director Paul Gellenbeck, disagrees. He said Friday that he hopes to meet with the attorney general’s office soon and explain Fidelity’s legal process so that it will drop its complaint. Kuvin is also representing attorney Peter Bowers, who is not named in the attorney general’s complaint but has filed some of Fidelity’s lawsuits.

“The client is playing out their legal strategy in order to effectuate a good resolution on behalf of their customers,” Kuvin said. “Their concern is if they educate the banks on what their strategy is, the banks will be able to be ready for that strategy and respond. They are fighting to keep consumers in their homes.”

“This is going to be a huge mess for homeowners who transferred their properties,” said Boca Raton real estate attorney Marlyn Wiener. “Unless the trustees voluntarily transfer the properties back to the homeowners — execute and record a deed conveying the property — the homeowner is no longer the record title owner,” Wiener said.

Without title, the homeowner will find it difficult to do anything with the property, such as negotiate a loan modification, short sale, or refinance a loan, Wiener said.

Fidelity’s paperwork to clients says it will deed properties back to homeowners in the case of an “unfavorable” legal outcome.

“This has never happened,” a May e-mail says to one client, “but I would like to explain all possible outcomes.”

Lora Potts, also of Lee County, said she got her deed and $1,600 of a $3,200 payment back when Fidelity said itcouldn’t help her because she filed for bankruptcy — something she said she told it before signing up.

“With phone call after phone call and nearly four months of being in the program they still had not prepared a court case as they said they were going to,” said Potts, who signed her deed to Fidelity in mid-April and got it back July 20, according to official records.

A Boca Raton man, who didn’t want to be identified because he owns a business in the area, said he was one of Fidelity’s first clients. He signed his deed into a group called Hunting Partnership in October last year, which deeded it to Fidelity Land Trust in January. The homeowner got it back in April after he said his case went nowhere and he “hounded” the company for the deed’s return. In the end, he said he lost $1,000 but “took it as a learning experience.”

Still, there may be more at stake than just the deed. Royal Palm Beach-based foreclosure defense attorney Tom Ice said one of his clients signed his deed to the trust as well as a promissory note to pay $176,500 for a new mortgage.

“It’s kind of messy,” Ice said, echoing Wiener’s statements.

Because the homeowner is still a beneficiary of the trust, the property can’t be sold and probably isn’t considered a frozen asset of the trust, Ice said.

Boynton Beach homeowner Marcie Lowe signed her deed over to Fidelity in April and has paperwork reflecting a proposed new $269,600 mortgage. She said she paid $2,600 up front, but didn’t realize there would be a monthly mortgage payment due to Fidelity.

Then she got a call saying she was late on her monthly payments, she said.

“They had all this paperwork we signed and I suspected something was going on but wasn’t really sure,” Lowe said. “I don’t need my $2,600 back. I just want their name off the deed.”  — end of article

If you remember — Get Out Of Debt Guy (The Honorable Blogger Steve Rhode) and me both did stories on this company a few months ago.Well I guess I should say Steve was really the first and the main source on this story.  This is because I really got all my information from his page. 

Related articles below: 

  1. Get Out Of Debt Guy Blog Gives Warning About Fidelity Land Trust Company Based In Florida.  Steve Rhode Said – “The Owners Are A Mystery.  Who Really Are They?
  2. What Might Have Some Of The Mortgag Brokers Done Once The Housing Market Crashed
  3. Judges lash out at land trusts, call attempts to cancel mortgages meritless
  4. Plantation homeowners sue to reclaim million-dollar property they signed away to Boca Raton land trust
  5. Update on 03/26/13 on Case Filed by Florida Against Fidelity Land Trust, Ed Cherry, Larry Diodato and Others

 

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72 Comments

  1. Allen Keller says:

    I have read the law suits and counter suits filed by the attorneys mentioned and nothing but case law and state statues throughout these suits showing the court all the laws violated by my bank-i was amazed how well these filings were put together!.The program and therory behind all this is rather new,so yes there is going to be red flags thrown and the state is going to tell fedelity what they can and can not do,but the only thing that really matters is there is numerous FLA. State Statues protecting the home owner from BANK FRAUD-AND LAWS WHERE BROKE and all Peter Bowers and his staff did was to file suit and show the courts that state laws had been violated,big money banks should be worried because not only did i do the research myself,i have a broad background in realestate and the lobbyist can blow the whisel only once..i read Bank Americas countersuits and saw not only fraud in the paperwork submitted,but the prelaw center at a local Community College could have done a better job writting the counters-Ba sumitted 5 papers..fidelity sumitted over 100 violations backed by case law and state law..wazz-up?OAG need to make revenue for the county else where. Allen Keller Plant City,Fl.

  2. Allen Keller says:

    I have read the law suits and counter suits filed by the attorneys mentioned and nothing but case law and state statues throughout these suits showing the court all the laws violated by my bank-i was amazed how well these filings were put together!.The program and therory behind all this is rather new,so yes there is going to be red flags thrown and the state is going to tell fedelity what they can and can not do,but the only thing that really matters is there is numerous FLA. State Statues protecting the home owner from BANK FRAUD-AND LAWS WHERE BROKE and all Peter Bowers and his staff did was to file suit and show the courts that state laws had been violated,big money banks should be worried because not only did i do the research myself,i have a broad background in realestate and the lobbyist can blow the whisel only once..i read Bank Americas countersuits and saw not only fraud in the paperwork submitted,but the prelaw center at a local Community College could have done a better job writting the counters-Ba sumitted 5 papers..fidelity sumitted over 100 violations backed by case law and state law..wazz-up?OAG need to make revenue for the county else where. Allen Keller Plant City,Fl.

  3. Allen says:

    The current recorded bank owner of my home is not the bank that is counter suing fidelity.I saw for myself the law suit filed by fidelity asking the current recorded owner for certain paperwork that they can not produce because the ownership chain has been broke on their side,my side has all sales recorded at the courthouse-all suits must attach recorded ownership of a home along with the law suit..-FL.LAW,i do not have the background to fight BIG $ but these guys do.Yes-you sign over the property for legal reasons that i am not allowed to mention.but i am 100% beneficiary..this is a new therory..banks sold off so many notes-no one can get a modification because of that alone…once the dusts clears BIG MONEY BANKS are in big dodo!!!!!!!!!!!!!!

    • Piggybankblog says:

      I understand what you are saying. I am also familiar with the legal reasons for why they have to do it. Unfortunately, it appears that the people that are having them sign over the house have a past. This is why I am sure the people and the State are having a problem with the whole thing. This is because it is very desperate homeowners that are singing over their rights to their home while under stress. I understand that it could be argued that they would lose it anyway. But I think that there are a lot of people that do not realize that the great interest rate the new person gives them usually changes in a few years — but only lead the person to being foreclosed on by the ones who were helping them. Then there are the ones saying they got the loan but did not. This is even though they were charging the person a mortgage payment as if they had. I am not saying this is what Fidelity was doing. I am just saying that I think the reason everyone might be concerned is because there was a background with the people behind this venture.
      .
      With that being said, I am person who believes that all avenues should be available to the homeowner. That means — even if it is something I would not do — I do believe people should have the choice to do it since they are adults.
      .
      Thank you for taking the time to share your feelings with me.
      .
      John Wright
      Piggybankblog.com

  4. Allen says:

    The current recorded bank owner of my home is not the bank that is counter suing fidelity.I saw for myself the law suit filed by fidelity asking the current recorded owner for certain paperwork that they can not produce because the ownership chain has been broke on their side,my side has all sales recorded at the courthouse-all suits must attach recorded ownership of a home along with the law suit..-FL.LAW,i do not have the background to fight BIG $ but these guys do.Yes-you sign over the property for legal reasons that i am not allowed to mention.but i am 100% beneficiary..this is a new therory..banks sold off so many notes-no one can get a modification because of that alone…once the dusts clears BIG MONEY BANKS are in big dodo!!!!!!!!!!!!!!

    • Piggybankblog says:

      I understand what you are saying. I am also familiar with the legal reasons for why they have to do it. Unfortunately, it appears that the people that are having them sign over the house have a past. This is why I am sure the people and the State are having a problem with the whole thing. This is because it is very desperate homeowners that are singing over their rights to their home while under stress. I understand that it could be argued that they would lose it anyway. But I think that there are a lot of people that do not realize that the great interest rate the new person gives them usually changes in a few years — but only lead the person to being foreclosed on by the ones who were helping them. Then there are the ones saying they got the loan but did not. This is even though they were charging the person a mortgage payment as if they had. I am not saying this is what Fidelity was doing. I am just saying that I think the reason everyone might be concerned is because there was a background with the people behind this venture.
      .
      With that being said, I am person who believes that all avenues should be available to the homeowner. That means — even if it is something I would not do — I do believe people should have the choice to do it since they are adults.
      .
      Thank you for taking the time to share your feelings with me.
      .
      John Wright
      Piggybankblog.com

  5. Allen Keller says:

    I had 2 lawyers file law suits or counters that are under the fl.bar and are very good and well known-fidelity is the holing company for my house while this is going own-i can transfer or quit them anytime i want-we have a dream team here-i do not care what some of the other trust have done-just my law suit is good enough for me.

  6. Allen Keller says:

    I had 2 lawyers file law suits or counters that are under the fl.bar and are very good and well known-fidelity is the holing company for my house while this is going own-i can transfer or quit them anytime i want-we have a dream team here-i do not care what some of the other trust have done-just my law suit is good enough for me.

  7. Peter says:

    You are all Idiots!! Go pay Tom Ice $600 a month to stall for 5 years and then lose your house and credit. Men lie women lie numbers dont

    65,000 homes lost in 90 days 23 went to Trial PER KIM MILLER ( Please see article for exact numbers)

    Why are there no consumer complaints???

    Would Tom Ice or any other Attorney file a Dec Action for $3500 and work for 9 months without any other payment?

    Why didnt Kim Miller Show up to AG Hearing? Ag got their ASS kicked!!! Read the public record !!!!!

    Wish I had time to blog but real numbers are what I look at
    1. ZERO COMPLAINTS
    2. Minimal Fees with positive results
    3. Fidelity does not delay for fees
    4. I will meet any attorney any time and show them exactly what they are missing

    Dont be a defendant!! It does not work

    Unless you have real facts stop posting CRAP

    • Piggybankblog says:

      Well I am not sure I posted crap. Actually — I re-posted the articles from “myfloridalegal.com” and “Get-out-of-debt-guy” and “Palmbeachpost.com” page. However — if my memory serves me right — I think I gave you specifically a chance to comment on my blog and respond. You declined to respond. You said in the Steve Rhodes blog that you did not have to justify your work product — remember? I responded with either do we then — remember?
      .
      Listen “Peter” — it is readily apparent that you have still not learned it is probably not a good idea to insult bloggers or the press. Yet we are the idiots — right? (rolling my eyes)
      .
      In regards to your threat: Neither does suing someone with no money who is represented by several firms for free work for the one suing either. Maybe you should do your homework on these facts as well. (Wink) What I mean is – it is not my first rodeo here. I am not “Steve Rhode” – Peter. I am a “protest” site. That means I have the tendency to protest when I feel a need. At this time — I have no current protest against Fidelity Land Trust. Why? Probably because Honey Badger does not really give a shit.
      .
      With that being said — I would be happy to give you an interview to where you can tell your side of the story. Other than that — I am not sure these hit and run insults really do much for you with my thousands of supporters. What I mean is — it is probably not a smart way to gain support on your end.
      .
      In conclusion — I am willing to be fair with you by letting you tell your side — because I have not really taken a position one way or the other. You have not seen me write my version “yet” — have you? Unless you would like me too? Other than that — I just report the news. Yet I am not going to take abuse. So try to tone it down a little bit please.
      .
      Respectfully,
      John Wright
      Piggybankblog.com

  8. Peter says:

    You are all Idiots!! Go pay Tom Ice $600 a month to stall for 5 years and then lose your house and credit. Men lie women lie numbers dont

    65,000 homes lost in 90 days 23 went to Trial PER KIM MILLER ( Please see article for exact numbers)

    Why are there no consumer complaints???

    Would Tom Ice or any other Attorney file a Dec Action for $3500 and work for 9 months without any other payment?

    Why didnt Kim Miller Show up to AG Hearing? Ag got their ASS kicked!!! Read the public record !!!!!

    Wish I had time to blog but real numbers are what I look at
    1. ZERO COMPLAINTS
    2. Minimal Fees with positive results
    3. Fidelity does not delay for fees
    4. I will meet any attorney any time and show them exactly what they are missing

    Dont be a defendant!! It does not work

    Unless you have real facts stop posting CRAP

    • Piggybankblog says:

      Well I am not sure I posted crap. Actually — I re-posted the articles from “myfloridalegal.com” and “Get-out-of-debt-guy” and “Palmbeachpost.com” page. However — if my memory serves me right — I think I gave you specifically a chance to comment on my blog and respond. You declined to respond. You said in the Steve Rhodes blog that you did not have to justify your work product — remember? I responded with either do we then — remember?
      .
      Listen “Peter” — it is readily apparent that you have still not learned it is probably not a good idea to insult bloggers or the press. Yet we are the idiots — right? (rolling my eyes)
      .
      In regards to your threat: Neither does suing someone with no money who is represented by several firms for free work for the one suing either. Maybe you should do your homework on these facts as well. (Wink) What I mean is – it is not my first rodeo here. I am not “Steve Rhode” – Peter. I am a “protest” site. That means I have the tendency to protest when I feel a need. At this time — I have no current protest against Fidelity Land Trust. Why? Probably because Honey Badger does not really give a shit.
      .
      With that being said — I would be happy to give you an interview to where you can tell your side of the story. Other than that — I am not sure these hit and run insults really do much for you with my thousands of supporters. What I mean is — it is probably not a smart way to gain support on your end.
      .
      In conclusion — I am willing to be fair with you by letting you tell your side — because I have not really taken a position one way or the other. You have not seen me write my version “yet” — have you? Unless you would like me too? Other than that — I just report the news. Yet I am not going to take abuse. So try to tone it down a little bit please.
      .
      Respectfully,
      John Wright
      Piggybankblog.com

  9. Peter says:

    John I would love to meet with you. After holidays we should get together.

  10. Peter says:

    John I would love to meet with you. After holidays we should get together.

  11. Allen Keller says:

    The PIGGYbank web site reports the news and gathers facts and comments,its up to us to put the pieces together-i use prayer and meditation to subdo fear-but we have the laws on our side my friend,so take a moment and thank god for bringing FIDELITY to the arena. PlantCity..AK

  12. Allen Keller says:

    The PIGGYbank web site reports the news and gathers facts and comments,its up to us to put the pieces together-i use prayer and meditation to subdo fear-but we have the laws on our side my friend,so take a moment and thank god for bringing FIDELITY to the arena. PlantCity..AK

  13. ed says:

    Thought you might find this interesting. Fidelity Land Trust and its attorney are getting bitch slapped in court now. The game is up.

    FIDELITY LAND TRUST COMPANY, LLC v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
    THE FIDELITY LAND TRUST COMPANY, LLC, Plaintiff,v.MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and HOMECOMINGS FINANCIAL NETWORK, INC., Defendants.
    Case No. 6:12-cv-1367-Orl-37TBS.
    United States District Court, M.D. Florida, Orlando Division.

    December 27, 2012.

    ——————————————————————————–

    ORDER
    ROY B. DALTON, Jr., District Judge.
    This cause is before the Court on Magistrate Judge Thomas B. Smith’s Report and Recommendation dated December 4, 2012. (Doc. 12.) The Magistrate Judge recommends that this Court grant in part and deny in part Defendants’ Motion for Attorney’s Fees, Costs and Sanctions (Doc. 10.) Plaintiff filed a timely objection to the Magistrate Judge’s Report and Recommendation. (Doc. 16.)
    When a party objects to a magistrate judge’s findings, the district court must “make a de novo determination of those portions of the report . . . to which objection is made.” 28 U.S.C. § 636(b)(1). The district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id. The district court must consider the record and factual issues based on the record independent of the magistrate judge’s report. Ernest S. ex rel. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990).
    Like the Magistrate Judge, this Court concludes that Plaintiff initiated and pursued this litigation in bad faith. The evidence of this is legion: a state judge has told Plaintiff that its legal theory is meritless; a federal judge has told Plaintiff its legal theory is frivolous; and the Florida Attorney General has obtained injunctive relief against Plaintiff to prevent it from asserting claims based on the legal theory advanced in this lawsuit. Yet even in its objection, Plaintiff clings to the notion that its claims have merit. They do not.
    Plaintiff is aware that its claims have no merit. Its business model, however, does not rely on the ability to prevail on the merits. Rather, Plaintiff appears to be in the business of delaying lawful foreclosures. The courts are not to be used to delay, deny, or frustrate just claims, and they are not to be used as a cog in a litigant’s business model. Litigants who pursue meritless claims should be sanctioned, if only to ensure that the burden of their contemptuous behavior is borne by themselves alone.
    Accordingly, it is hereby ORDERED and ADJUDGED:
    1. Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation (Doc. 16) are OVERRULED.
    2. The Magistrate Judge’s Report and Recommendation (Doc. 12) is ADOPTED as the opinion of the Court.
    3. Defendants’ Motion for Attorney’s Fees, Costs, and Sanctions (Doc. 10) is GRANTED IN PART and DENIED IN PART. It is granted to the extent it seeks, pursuant to the Court’s inherent power, sanctions against Plaintiff. The Motion is denied in all other respects.
    4. The Court hereby finds that Plaintiff The Fidelity Land Trust Company, LLC instituted and prosecuted this action in bad faith. As a sanction, and in accordance with its inherent power, the Court awards Defendants their reasonable attorney’s fees and costs.
    5. Defendants shall apply for their award of attorney’s fees and costs by separate motion on or before January 11, 2013, in accordance with Local Rule 4.18.
    6. Plaintiff’s counsel, Howard Feinmel, is hereby placed on notice that the claims raised in this lawsuit are without merit. If Mr. Feinmel continues to commence lawsuits based on the legal theories advanced in this case or continues to prosecute any claims based on these meritless theories, the Court may, pursuant to Local Rule 2.04, refer the matter to the Grievance Committee of the U.S. District Court for the Middle District of Florida for an investigation and recommendation as to whether such conduct merits disciplinary action by the Court.
    DONE AND ORDERED.

  14. ed says:

    Thought you might find this interesting. Fidelity Land Trust and its attorney are getting bitch slapped in court now. The game is up.

    FIDELITY LAND TRUST COMPANY, LLC v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
    THE FIDELITY LAND TRUST COMPANY, LLC, Plaintiff,v.MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; and HOMECOMINGS FINANCIAL NETWORK, INC., Defendants.
    Case No. 6:12-cv-1367-Orl-37TBS.
    United States District Court, M.D. Florida, Orlando Division.

    December 27, 2012.

    ——————————————————————————–

    ORDER
    ROY B. DALTON, Jr., District Judge.
    This cause is before the Court on Magistrate Judge Thomas B. Smith’s Report and Recommendation dated December 4, 2012. (Doc. 12.) The Magistrate Judge recommends that this Court grant in part and deny in part Defendants’ Motion for Attorney’s Fees, Costs and Sanctions (Doc. 10.) Plaintiff filed a timely objection to the Magistrate Judge’s Report and Recommendation. (Doc. 16.)
    When a party objects to a magistrate judge’s findings, the district court must “make a de novo determination of those portions of the report . . . to which objection is made.” 28 U.S.C. § 636(b)(1). The district court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id. The district court must consider the record and factual issues based on the record independent of the magistrate judge’s report. Ernest S. ex rel. Jeffrey S. v. State Bd. of Educ., 896 F.2d 507, 513 (11th Cir. 1990).
    Like the Magistrate Judge, this Court concludes that Plaintiff initiated and pursued this litigation in bad faith. The evidence of this is legion: a state judge has told Plaintiff that its legal theory is meritless; a federal judge has told Plaintiff its legal theory is frivolous; and the Florida Attorney General has obtained injunctive relief against Plaintiff to prevent it from asserting claims based on the legal theory advanced in this lawsuit. Yet even in its objection, Plaintiff clings to the notion that its claims have merit. They do not.
    Plaintiff is aware that its claims have no merit. Its business model, however, does not rely on the ability to prevail on the merits. Rather, Plaintiff appears to be in the business of delaying lawful foreclosures. The courts are not to be used to delay, deny, or frustrate just claims, and they are not to be used as a cog in a litigant’s business model. Litigants who pursue meritless claims should be sanctioned, if only to ensure that the burden of their contemptuous behavior is borne by themselves alone.
    Accordingly, it is hereby ORDERED and ADJUDGED:
    1. Plaintiff’s Objections to the Magistrate Judge’s Report and Recommendation (Doc. 16) are OVERRULED.
    2. The Magistrate Judge’s Report and Recommendation (Doc. 12) is ADOPTED as the opinion of the Court.
    3. Defendants’ Motion for Attorney’s Fees, Costs, and Sanctions (Doc. 10) is GRANTED IN PART and DENIED IN PART. It is granted to the extent it seeks, pursuant to the Court’s inherent power, sanctions against Plaintiff. The Motion is denied in all other respects.
    4. The Court hereby finds that Plaintiff The Fidelity Land Trust Company, LLC instituted and prosecuted this action in bad faith. As a sanction, and in accordance with its inherent power, the Court awards Defendants their reasonable attorney’s fees and costs.
    5. Defendants shall apply for their award of attorney’s fees and costs by separate motion on or before January 11, 2013, in accordance with Local Rule 4.18.
    6. Plaintiff’s counsel, Howard Feinmel, is hereby placed on notice that the claims raised in this lawsuit are without merit. If Mr. Feinmel continues to commence lawsuits based on the legal theories advanced in this case or continues to prosecute any claims based on these meritless theories, the Court may, pursuant to Local Rule 2.04, refer the matter to the Grievance Committee of the U.S. District Court for the Middle District of Florida for an investigation and recommendation as to whether such conduct merits disciplinary action by the Court.
    DONE AND ORDERED.

  15. ed says:

    Hey “Peter”, or is it Paul (as in Gallenbeck) ? You want us to believe that a used car salesman with no law background (sound familiar) and Ed Cherry, who has a law degree (earned at Disco Tech I believe) but who cannot practice because he is a convicted felon, have concocted a law theory that is so fucking brilliant that no judge or lawyer other than their own (the infamous Howard Feinmel) can understand it ? Go back to sellling cars you douche bag. Any idiot can file a lawsuit, which you guys have proven time and again. Save your breath in trying to make your case in the court of public opinion you moron. You are doing worse here and on Steve’s blog than you are in court based on the verdict against your “theory” above.

  16. ed says:

    Hey “Peter”, or is it Paul (as in Gallenbeck) ? You want us to believe that a used car salesman with no law background (sound familiar) and Ed Cherry, who has a law degree (earned at Disco Tech I believe) but who cannot practice because he is a convicted felon, have concocted a law theory that is so fucking brilliant that no judge or lawyer other than their own (the infamous Howard Feinmel) can understand it ? Go back to sellling cars you douche bag. Any idiot can file a lawsuit, which you guys have proven time and again. Save your breath in trying to make your case in the court of public opinion you moron. You are doing worse here and on Steve’s blog than you are in court based on the verdict against your “theory” above.

  17. ed says:

    Hey Peter…what hearing did you attend ? Judge Gates shot down your motion to dismiss the asset freeze against you (you are Paul Gallenbeck right ? ) and Fidelity Land Trust. Ordered and adjudged on 1/7/13 moron. So just whose ass got kicked again ? BTW, keep your eyes open for a follow up article coming from Kim on you and your motley crew in the Palm Beach Post. Who is the idiot now ?

  18. ed says:

    Hey Peter…what hearing did you attend ? Judge Gates shot down your motion to dismiss the asset freeze against you (you are Paul Gallenbeck right ? ) and Fidelity Land Trust. Ordered and adjudged on 1/7/13 moron. So just whose ass got kicked again ? BTW, keep your eyes open for a follow up article coming from Kim on you and your motley crew in the Palm Beach Post. Who is the idiot now ?

  19. ed says:

    Peter ? Peter ? Sorry, I mean idiot ? Idiot ? I am curious about your take on those two recent hearings in November and December where you claim the AG got their ass kicked. A somewhat distorted view of what really transpired according to the judges order and this article in the Palm Beach Post today.
    John, out of curiousity have you had this meeting with the infamous “Peter”, who even at the time he posted these comments knew of these outcomes in court ? Larry Diodato, Ed Cherry and this guy live in a constant state of denial. The jails are full of criminals who would tell you with a straight face they are innocent, when all evidence points to the contrary. Time for you to take a side and write your version .

    http://www.palmbeachpost.com/news/business/judges-lash-out-at-land-trusts-call-attempts-to-ca/nTtf9/

  20. ed says:

    Peter ? Peter ? Sorry, I mean idiot ? Idiot ? I am curious about your take on those two recent hearings in November and December where you claim the AG got their ass kicked. A somewhat distorted view of what really transpired according to the judges order and this article in the Palm Beach Post today.
    John, out of curiousity have you had this meeting with the infamous “Peter”, who even at the time he posted these comments knew of these outcomes in court ? Larry Diodato, Ed Cherry and this guy live in a constant state of denial. The jails are full of criminals who would tell you with a straight face they are innocent, when all evidence points to the contrary. Time for you to take a side and write your version .

    http://www.palmbeachpost.com/news/business/judges-lash-out-at-land-trusts-call-attempts-to-ca/nTtf9/

  21. Allen Keller says:

    Read washingtons fereral court ruling on mers-im glad my house is in hillsbourgh county-fl.stat. 673.3091,..fl.695.01–law of the land.

  22. Allen Keller says:

    Read washingtons fereral court ruling on mers-im glad my house is in hillsbourgh county-fl.stat. 673.3091,..fl.695.01–law of the land.

  23. Allen Keller says:

    BA gets sued by federal goverment-read johns article posted 11-12…that judge is probably tring to change state and federal laws..maybe the judge needs a refresher course…on the process…THE LAWs are FL673.3091..695.01..701.02 BLACK AND WHITE-chew on that jack…,Allen Keller.Plant City,FLORIDA!!!!!!!!!!!!!

  24. Allen Keller says:

    BA gets sued by federal goverment-read johns article posted 11-12…that judge is probably tring to change state and federal laws..maybe the judge needs a refresher course…on the process…THE LAWs are FL673.3091..695.01..701.02 BLACK AND WHITE-chew on that jack…,Allen Keller.Plant City,FLORIDA!!!!!!!!!!!!!

  25. Allen Keller says:

    OK-now you messing with my Dogs-time out?hell no-plan B! I think the boyz in the robes are getting paid-they are using Webster to define case law that has been written in black and white.

  26. Allen Keller says:

    OK-now you messing with my Dogs-time out?hell no-plan B! I think the boyz in the robes are getting paid-they are using Webster to define case law that has been written in black and white.

  27. Allen Keller says:

    I beleive in time fidelity will figure something out,but they can not hold deeds anymore and still charge more money-im not paying anymore money and will get my deed back and still keep my defense lawyer unless they want to pay …because i paid enough and really should not have to pay because there is no note that Fedelity holds legal title to recorded property and my contract is void..with refund due-hey Pam-they are calling me for more money…do you still want me to …..normal defense is $5000 and i almost have paid $7000 waz up? No -i am not paying anymore Mr. Paul Gizoud.I would think twice and have this fixed fast before Pam calls me….to be continued

  28. Allen Keller says:

    I beleive in time fidelity will figure something out,but they can not hold deeds anymore and still charge more money-im not paying anymore money and will get my deed back and still keep my defense lawyer unless they want to pay …because i paid enough and really should not have to pay because there is no note that Fedelity holds legal title to recorded property and my contract is void..with refund due-hey Pam-they are calling me for more money…do you still want me to …..normal defense is $5000 and i almost have paid $7000 waz up? No -i am not paying anymore Mr. Paul Gizoud.I would think twice and have this fixed fast before Pam calls me….to be continued

  29. Allen Keller says:

    I will admit Fidelity Land Trust has the best lawyers in the bussiness,so if U need good legal advice-A+ in realestate and civil law…ok plan B in motion…yeah!!!!!!! to be continued- Plant City Farmer plowing the field….

  30. Allen Keller says:

    I will admit Fidelity Land Trust has the best lawyers in the bussiness,so if U need good legal advice-A+ in realestate and civil law…ok plan B in motion…yeah!!!!!!! to be continued- Plant City Farmer plowing the field….

  31. Steven Lane says:

    How do Fidelity victims proceed to get deeds and money back? Do we contact the AG office?

  32. Steven Lane says:

    How do Fidelity victims proceed to get deeds and money back? Do we contact the AG office?

  33. Allen Keller says:

    Yes-once you tell them you are client with Fidelity,the AG will want original paperwork signed and you will become the plainiff.The AG will send you a caseworker and you have the right to ask for what they owe you and you do not have to hire one of their other lawyers-they have to provide that-get your deed because the banks will probably mod you down the line or you can shortsale.

  34. Allen Keller says:

    Yes-once you tell them you are client with Fidelity,the AG will want original paperwork signed and you will become the plainiff.The AG will send you a caseworker and you have the right to ask for what they owe you and you do not have to hire one of their other lawyers-they have to provide that-get your deed because the banks will probably mod you down the line or you can shortsale.

  35. I work under Paul Gellenbeck and he is a definite scumbag – just like you uneducated nancys. Paul owes me a lot of money and so does his mother. Contact me for his address and information on the law suit being filed against him due to breaking labor laws and blowing ed dipshit cherry. Yup, you guessed it, Paul, even a good friend of yours thinks your a scumbag piece of shit.

  36. I work under Paul Gellenbeck and he is a definite scumbag – just like you uneducated nancys. Paul owes me a lot of money and so does his mother. Contact me for his address and information on the law suit being filed against him due to breaking labor laws and blowing ed dipshit cherry. Yup, you guessed it, Paul, even a good friend of yours thinks your a scumbag piece of shit.

  37. Allen Keller says:

    Judge Gates is going to put some people in jail for crimes after the fact-CONTEMP of court carries min.6 months and big fines…if i do not get paid by 3-28-2013 10am ,im moving forward.$4500×2-(double for being a scumbag)keeps me quiet…pissed of strawberry farmer.I know he reads the site.

    • Piggybankblog says:

      Hi Allen!
      .
      Say — I noticed that you said they did not pay you. That is why I thought I would ask. What did they pay you to do?
      .
      John Wright
      Piggybankblog.com

  38. Allen Keller says:

    Judge Gates is going to put some people in jail for crimes after the fact-CONTEMP of court carries min.6 months and big fines…if i do not get paid by 3-28-2013 10am ,im moving forward.$4500×2-(double for being a scumbag)keeps me quiet…pissed of strawberry farmer.I know he reads the site.

    • Piggybankblog says:

      Hi Allen!
      .
      Say — I noticed that you said they did not pay you. That is why I thought I would ask. What did they pay you to do?
      .
      John Wright
      Piggybankblog.com

  39. Allen Keller says:

    I should have read the first paragraph on this 9-26-2012 posting better;instead of listening to the trust-no bussiness means NO bussiness-10 days and counting-what really gets me mad is the games Paul has been playing with me getting my deed returned and “new note cxld”

  40. Allen Keller says:

    I should have read the first paragraph on this 9-26-2012 posting better;instead of listening to the trust-no bussiness means NO bussiness-10 days and counting-what really gets me mad is the games Paul has been playing with me getting my deed returned and “new note cxld”

  41. Allen Keller says:

    I have personal checks wrote to fidelity that were cashed by fidelity from 9/30/12-2/30/13 and also money debits from fidelities payment system and pay invoices from 9/30/12-2/30/13 adding up to $4500,office memos,emails from a mock up company using there same bussiness address-the AG is working with me and these guys are in contemp of court -orders to have no bussiness with current (290) clients or any in the future under a temp freeze and a seize of assets NO BUSSINESS means no bussiness period PAUL-fidelity was not allowed th charge anyone and they lied to me,so i went to the AG turned in all my evidence-i have a interveiw with the AG in Tampa and on the east coast soon-last chance for Paul to pay before he gets more charges-his call.Paul i live in Plant City….

    • Piggybankblog says:

      Hey Allen!
      .
      Oh! Okay! Good for you! I am proud of you for fighting back!
      .
      Thanks for clearing that up :)
      .
      Your friend,
      .
      John Wright
      Piggybankblog.com

  42. Allen Keller says:

    I have personal checks wrote to fidelity that were cashed by fidelity from 9/30/12-2/30/13 and also money debits from fidelities payment system and pay invoices from 9/30/12-2/30/13 adding up to $4500,office memos,emails from a mock up company using there same bussiness address-the AG is working with me and these guys are in contemp of court -orders to have no bussiness with current (290) clients or any in the future under a temp freeze and a seize of assets NO BUSSINESS means no bussiness period PAUL-fidelity was not allowed th charge anyone and they lied to me,so i went to the AG turned in all my evidence-i have a interveiw with the AG in Tampa and on the east coast soon-last chance for Paul to pay before he gets more charges-his call.Paul i live in Plant City….

    • Piggybankblog says:

      Hey Allen!
      .
      Oh! Okay! Good for you! I am proud of you for fighting back!
      .
      Thanks for clearing that up :)
      .
      Your friend,
      .
      John Wright
      Piggybankblog.com

  43. Allen Keller says:

    Thank you Fidelity Land Trust Co. for returning my deed,but the property decription was wrong,so you will have to send again with the correct one, which can be looked -up using the pholio #:the pholio# and description has to match-per Hillsbourgh County-now lets talk about my cxld note due back to me-where is it? I got your text messages and you are good at loophole 101 ,but i guess the AG will tell me what the deal is on 3-28..to be continued-pissed off stawberry farmer. AK

  44. Allen Keller says:

    Thank you Fidelity Land Trust Co. for returning my deed,but the property decription was wrong,so you will have to send again with the correct one, which can be looked -up using the pholio #:the pholio# and description has to match-per Hillsbourgh County-now lets talk about my cxld note due back to me-where is it? I got your text messages and you are good at loophole 101 ,but i guess the AG will tell me what the deal is on 3-28..to be continued-pissed off stawberry farmer. AK

  45. Allen Keller says:

    Plant City farmer moving complaint to the south-looking forward to seeing you people from Fidelity in court-tell the truth cause i am going to counter your bullshit.

  46. Allen Keller says:

    Plant City farmer moving complaint to the south-looking forward to seeing you people from Fidelity in court-tell the truth cause i am going to counter your bullshit.

  47. ed says:

    Allen…Did you contact Fulvio “Joe” Gentili at the Fl AG office ? He is deposing these scumbags one at a time and also calling on witnesses to testify. His contact info is :
    Fulvio J. Gentili at AG office 954-712-4600 Joe.Gentili@myfloridalegal.com

  48. ed says:

    Allen…Did you contact Fulvio “Joe” Gentili at the Fl AG office ? He is deposing these scumbags one at a time and also calling on witnesses to testify. His contact info is :
    Fulvio J. Gentili at AG office 954-712-4600 Joe.Gentili@myfloridalegal.com

  49. Allen Keller says:

    I gave Fidelity 45 days to return my ownership of property and cxld note and the trust played games-i spoke to a officer named Mark in Ft.Lauderdale and we spent many hours putting the package together-plant city farmer finished Mr. P.G.-can you say contemp?- behind federal walls we go….hi hoo,hi HO and good bye and i warned you!

  50. Allen Keller says:

    I gave Fidelity 45 days to return my ownership of property and cxld note and the trust played games-i spoke to a officer named Mark in Ft.Lauderdale and we spent many hours putting the package together-plant city farmer finished Mr. P.G.-can you say contemp?- behind federal walls we go….hi hoo,hi HO and good bye and i warned you!

  51. ed says:

    Another article in the Palm Beach Post 4/18 about clients of Fidelity Land Trust filing suits against them because they have been charged fees post injunction, a big no no as they were supposed to cease and desist. The article also shows how they are trying to dodge the AG injunction by transferring deeds to different trusts not named in the AG suit. They guys are too funny. Did they think no one was looking ? Allen, you are right, contempt charges are coming !

  52. ed says:

    Another article in the Palm Beach Post 4/18 about clients of Fidelity Land Trust filing suits against them because they have been charged fees post injunction, a big no no as they were supposed to cease and desist. The article also shows how they are trying to dodge the AG injunction by transferring deeds to different trusts not named in the AG suit. They guys are too funny. Did they think no one was looking ? Allen, you are right, contempt charges are coming !

  53. Allen Keller says:

    I spoke to the ag yesterday and my evidence is ready to be submitted-PG had to change his pants 4-30 i heard,he is really going to in a day or 2-he is on the stand now.

  54. Allen Keller says:

    I spoke to the ag yesterday and my evidence is ready to be submitted-PG had to change his pants 4-30 i heard,he is really going to in a day or 2-he is on the stand now.

  55. ed says:

    I saw the motion filed by the Florida AG against Paul and Fidelity Land Trust asking for criminal contempt charges and fines to be applied by the court. These scumbags have waded into some deep shit now but they have skirted the law for years with their previous scams so it is about time that pricks like Larry Diodato, Ed Cherry and Paul Gallenbeck get their ass handed to them after screwing consumers out of millions of dollars. I say fuck’em.

  56. ed says:

    I saw the motion filed by the Florida AG against Paul and Fidelity Land Trust asking for criminal contempt charges and fines to be applied by the court. These scumbags have waded into some deep shit now but they have skirted the law for years with their previous scams so it is about time that pricks like Larry Diodato, Ed Cherry and Paul Gallenbeck get their ass handed to them after screwing consumers out of millions of dollars. I say fuck’em.

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