Florida
The Orlando Raid
Universal has been damaged by National Mortgage Bankers’ theft, disclosure, misappropriation, and use of Universal’s Secret Information.
Universal Mortgage & Finance, Inc. v. Nationwide Mortgage Bankers, Inc.
(6:21-cv-02134)
District Court, M.D. Florida
DEC 21, 2021 | REPUBLISHED BY LIT: DEC 24, 2021
ENDORSED ORDER discharging 9 Order to Show Cause in light of 14 Amended Complaint. Signed by Judge Carlos E. Mendoza on 1/12/2022
ORDER [TO SHOW CAUSE]
Dec. 28, 2021
THIS CAUSE is before the Court upon sua sponte review.
“A federal court not only has the power but also the obligation at any time to inquire into jurisdiction whenever the possibility that jurisdiction does not exist arises.”
Fitzgerald v. Seaboard Sys. R.R., 760 F.2d 1249, 1251 (11th Cir. 1985).
Plaintiff alleges that subject matter jurisdiction exists under 28 U.S.C. § 1332 based on diversity of citizenship. (Compl., Doc. 1, at 2). For this Court to properly exercise jurisdiction thereunder, complete diversity must exist at the time of filing.
See Grupo Dataflux v. Atlas Global Grp., L.P., 541 U.S. 567, 570–71 (2004); Triggs v. John Crump Toyota, Inc., 154 F.3d 1284, 1287 (11th Cir. 1998).
First, the Complaint does not make clear what type of business entity Plaintiff is.
(See Doc. 1 at 1 (alleging that Plaintiff is a “business” but not specifying the type)).
This, in and of itself, is cause for the Court to question Plaintiff’s jurisdictional allegations.
Additionally, Defendant is alleged to be a corporation, (id. at 1), and assuming Plaintiff is a corporation, (see id. (indicating that Plaintiff has the notation of “Inc.” in its name)), Plaintiff has failed to sufficiently allege either party’s citizenship.
“[A] corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business . . . .”
Holston Invests., Inc. B.V.I. v. LanLogistics Corp., 677 F.3d 1068, 1070 (11th Cir. 2012) (per curiam) (quoting 28 U.S.C. § 1332(c)(1)).
Plaintiff has only alleged it’s and Defendant’s principal place of business, and it has not alleged either party’s place of incorporation. Thus, Plaintiff has failed to sufficiently allege diversity jurisdiction.
Accordingly, it is ORDERED that on or before January 11, 2022, Plaintiff shall SHOW CAUSE as to why this case should not be dismissed for lack of subject matter jurisdiction.
Failure to do so may result in the dismissal of this case without further notice.
DONE and ORDERED in Orlando,
Florida on December 28, 2021.
CARLOS E. MENDOZA
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of Record
Universal Mortgage & Finance, Inc. v. Nationwide Mortgage Bankers, Inc.
(6:21-cv-02134)
District Court, M.D. Florida
DEC 21, 2021 | REPUBLISHED BY LIT: DEC 24, 2021
COMPLAINT
Universal Mortgage & Finance, Inc., Plaintiff, by and through its undersigned attorney, Thomas J. Fraser, Jr., and the law firm of Eavenson, Fraser & Lunsford, PLLC, brings this action against Nationwide Mortgage Bankers, Inc., Defendant, and for good cause states:
Parties, Jurisdiction, & Venue
1. Universal Mortgage & Finance, Inc., Plaintiff, is a business with its principal office located in Anne Arundel County, Maryland (hereinafter referred to as “Universal”). Universal conducts business throughout the United States.
2. Defendant, Nationwide Mortgage Bankers, Inc. (NMLS #819382) is foreign corporation with its principal office located in Lebanon, New Jersey (“NMB”).
NMB conducts business throughout the United States and has had approximately seventeen (17) branch locations in Florida, including four (4) branches in Orange County, Florida. NMB is a “Mortgage Lender” pursuant to §494.001(24), Florida Statutes.
3. Both Universal and NMB offer residential mortgage loans to the general public.
4. Mortgage lenders and loan originators, like Universal and NMB, must adhere to very strict mortgage lending laws can be found, among other laws and regulations, in the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008, the Florida S.A.F.E. Act, and the HUD Single Family Housing Policy Handbook 4000.1.
5. The very strict legal requirements applicable to mortgage lenders, like Universal and NMB, are implemented, interpreted, and/or enforced, by the United States Department of Housing and Urban Development (“HUD”), the Federal Housing Finance Agency (“FHFA”), the Florida Office of Financial Regulation (“FOFR”), and the Consumer Financial Protection Bureau (“CFPB”), among others.
6. NMB employs at least two or more employees who are engaged in commerce, produce goods for commerce, or handle, sell, or otherwise work on goods or materials that have moved in or were produced for commerce as a single enterprise.
7. Most of acts and transactions that form the basis of this Complaint occurred in Orange County, Florida, and/or related to real property in an about Orange County, Florida.
8. This Court has jurisdiction over the lawsuit under 28 U.S.C. §1332(a)(1) because the suit involves parties of different states, State of Maryland and State of New Jersey, both registered to conduct business in the State of Florida, and the amount in controversy exceeds $75,000.00, excluding interest and costs.
9. This Court has supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a) because Universal’s state law based claims are so related to the claims within this Court’s original jurisdiction that they form part of the same case or controversy under Article 3 of the U.S. Constitution.
10. Venue and personal jurisdiction are proper pursuant to 28 U.S.C. § 1391(b)(2) because a substantial number of the real properties and/or a substantial part of the events giving rise to these claims occurred in Orange County, Florida.
Factual Background
11. Universal is a mortgage lender which formerly had several branch offices in and about the Orlando, Florida metropolitan area.
12. Since its inception, Universal has developed, implemented, and monitored strict internal policies and controls intended to prevent employees from violating applicable laws and to protect the public. Universal justifiably relied upon its employees, especially its licensed managers, to play their respective role(s) in the implementation of its internal and public protection policies.
13. In and throughout 2017, Universal employed several high-level executives in whom it rightfully reposed trust and confidence of particular interest to this Complaint.
14. For most of 2017, Chris Schiele served as Universal’s Chief Operating Officer (“Schiele”).
15. In and through 2017, Jorge Diaz (NMLS #339949) served as Universal’s Division Manager of Universal’s former Orlando, Florida Division (“Diaz”).
16. The terms of Diaz employment with Universal were memorialized in a fully executed Division Management Agreement.
17. Each of Schiele and Diaz represented to Universal that he complied with all of Universal’s policies and procedures, including but not limited to protecting against the release or conversion of Universal’s borrower information, and intellectual property.
18. Universal’s former Orlando, Florida Division included five (5) locations in the Orlando, Florida area, specifically including 8810 Commodity, Circle, Suite 4A, Orlando, Florida and 12401 Orange Drive, Suite 220, Davie, Florida (“Universal’s Former Orlando Operations”).
19. Then unbeknownst to Universal; Schiele, Diaz, and NMB were concocting a scheme to orchestrate the en masse resignation of Universal’s Former Orlando Operations (the “Orlando Raid”).
20. Incredibly, the Orlando Raid was so blatant, in 2018, several offices simply changed the name on the door from Universal to NMB.
21. Subsequent to the Orlando Raid, Universal discovered that most of Universal’s Former Orlando Operations personnel had assumed substantially similar positions with NMB.
22. Subsequent to the Orlando Raid, Universal discovered that NMB converted Universal’s assets, trade secrets, borrowers, prospective borrowers, and other intellectual property for its benefit.
23. More specifically, Universal was able to subsequently discover that with the full knowledge and encouragement of NMB, the Orlando Raid included such acts as:
a) forwarding leads derived from Universal’s advertising to NMB;
b) uploading/downloading electronic files containing Universal’s active borrower files/information to NMB;
c) photocopying paper files containing Universal’s active borrower files/information for use by NMB;
d) uploading/downloading electronic files containing Universal’s lending policies and procedures;
e) forwarding electronic files containing Universal’s active borrower files/information to private emails for prospective borrowers;
f) falsifying grounds to deny Universal’s active/potential borrower files which NMB completed for its financial gain; and/or
g) converting other property or assets in ways yet to be determined.
24. Public records have revealed that the Orlando Raid resulted in nearly completed Universal loans, being diverted to NMB under false pretenses, and closed through NMB.
25. Universal has discovered seventeen (17) loans that originated at Universal’s Former Orlando Operations and were at or near their final stages of being funded were instead, fraudulently denied and/or closed out, usually upon the request of Diaz, and closed by NMB (the “Converted Loans”).
26. The Converted Loans include:
Borrower Reference | Property Location | Loan Amount |
Serrano | Orlando, Florida | $230,743.00 |
Salazar | Apopka, Florida | $274,684.00 |
Santiago-Quinones | Orlando, Florida | $287,145.00 |
Vargas | Kissimmee, Florida | $200,778.00 |
Racanelli | Windermere, Florida | $299,145.00 |
Egea | Homestead, Florida | $250,000.00 |
Pertuz | Doral, Florida | $199,200.00 |
Ordonez | Aventura, Florida | $96,750.00 |
Myrie | Orlando, Florida | $306,836.00 |
Pena | Orlando, Florida | $205,214.00 |
Medina | Miami, Florida | $409,521.00 |
Lyons | Orlando, Florida | $73,641.00 |
Romero | Orlando, Florida | $81,000.00 |
Cordero | Orlando, Florida | $298,953.00 |
Ramos | Orlando, Florida | $155,677.00 |
Barnet | Miami, Florida | $293,584.00 |
Total Loan Volume: | $3,000,662,871.00 |
27. Universal has good faith reason to believe NMB converted other and additional loans yet to be discovered.
28. In some cases, such as the Serrano, Racanelli, & Medina loans, NMB sought to circumvent the FHA transfer process by securing new FHA cases numbers for borrowers and properties already issued an FHA case number. On those loans, there is the added element that the false grounds for termination extended beyond Universal.
29. In other cases, such as the Pertuz and Medina loans, fully processed Universal files were closed through NMB before former Universal employees had even resigned their positions within Universal’s Former Orlando Operations. In these cases, Diaz falsely reflected the properties at issue failed a home inspection and/or asserted other false grounds.
30. Upon information and belief, the false grounds noted for denying a loan and/or closing a borrower file were intentional acts of deception such as to prevent Universal’s discovery of loans being diverted to NMB.
31. Universal has good faith reason to believe that several of the borrowers whose files were marked as “closed” in Universal’s systems, were not actually informed that their loan files were transferred to NMB.
32. Universal has not reviewed a request from any of the borrowers as part of the Converted Loans requesting the transfer of his/her loan to NMB – or cancelling/withdrawing his/her loan from Universal.
Count I – Trade Secret Misappropriation
33. Universal restates Paragraphs 1 through 32 as if fully stated herein.
34. Universal owned, possessed, and developed proprietary information that was used, or intended for use in business that was included in its data compilations, methods, techniques, and processes (“Universal’s Secret Information”).
35. Universal’s Secret Information satisfies the legal definition of a “Trade Secret” under § 688.002(4) of the Florida Statutes.
36. Universal’s Secret Information included, but was not limited to:
a) Internally developed reporting and processes,
b) Internally developed pricing models,
c) Internally developed rate calculators,
d) Internally developed compliance systems, policies, or procedures,
e) Internally developed lender instructions,
f) Internally developed underwriting procedures and checklists,
g) Internally developed service provider lists and approval procedures, and
h) Compilations of prospective borrower information including, but not limited to: names, properties, rates, birthdates, social security numbers, asset documentation, income documentation, and credit documentation.
37. Universal’s Secret Information was not publicly known and was not generally known in the mortgage industry and was rather the culmination of years of local and historical business development/experience and alterations to standard industry operating procedures.
38. Universal’s Secret Information is not of the type that could be readily ascertained or derived from publicly available information as such includes information not generally known or reported to the public and would include personally identifiable information of its past actual and prospective borrowers.
39. Universal’s Secret Information was the subject of reasonable efforts to maintain secrecy and included use of copyright symbols, internal systems, limited access office/file location, passwords, information system encryption, and restricted access to cloud/server-based data compilation storage or loan processing platforms.
40. Universal’s Secret Information has significant economic value and some forms of Universal’s Secret Information, specifically including the compilations of borrower information and borrower specific pricing, had their own independent market value which was significant to Universal.
41. NMB participated in, and/or benefited from, the misappropriations of Universal’s Secret Information without Universal’s approval, permission, or consent.
42. As noted herein and throughout, Diaz’s access to, and disclosure of, Universal’s Secret Information constitutes a breach of the confidence Universal reposed in Diaz and presumably occurred during a time in which Universal unwittingly reposed trust and confidence in Diaz prior to the Orlando Raid.
43. NMB knew or should have known that Universal’s Secret Information was a “Trade Secret” as defined under § 688.002(4) of the Florida Statutes that should not have closed the Converted Loans.
44. Considering that the applicable laws would require NMB to protect against information analogous to Universal’s Secret Information, NMB knew or should have known to refuse and/or reject the Converted Loans and/or the disclosure of Universal’s Secret Information.
45. Universal has been damaged by NMB’s theft, disclosure, misappropriation, and use of Universal’s Secret Information.
WHEREFORE, the above premises considered, Universal demands judgment for compensatory damages against NMB in excess of $75,000.00 with interest, punitive damages, attorney fees and costs of this action, and such further and different relief as this Court deems just and proper.
Count II – Conversion
46. Universal restates Paragraphs 1 through 32 as if fully stated herein.
47. NMB intentionally took and converted assets and property, including but not limited to active borrower files (aka the Converted Loans), as previously pled herein.
48. NMB intentionally took and converted assets and property in contemplation of closing said loans and thus rendering the Converted Loans to be of no remaining value to Universal.
49. As a direct and proximate cause of NMB’s acts of conversion, Universal has suffered substantial economic damages.
WHEREFORE, Universal demands judgment for compensatory damages against NMB in excess of $75,000.00 with interest, punitive damages, attorney fees and costs of this action, and such further and different relief as this Court deems just and proper.
Count III – Fraud – Conspiracy
50. Universal restates Paragraphs 1 through 32 as if fully stated herein.
51. Upon information and belief, at some point NMB permitted and/or perpetrated a scheme to convert or divert Universal’s assets as noted herein, proprietary information, and borrowers.
52. In furtherance of this scheme, Diaz made misrepresentations of material facts and/or omitted facts to convert or divert Universal’s assets as noted herein, proprietary information, and borrowers.
53. At times, Diaz made misrepresentations of material facts to borrowers and/or supervisors as to the source of certain borrowers and/or the true status of certain loan files in Universal’s loan pipeline.
54. The acts of Schiele and/or Diaz were done in contemplation of increasing NMB’s revenue from the loan volume being unlawfully transferred from Universal to NMB.
55. The acts of Schiele and/or Diaz encouraged and/or permitted with NMB’s actual or constructive knowledge of the falsity of such acts.
56. The acts of Schiele and/or Diaz were done with the intention of carrying out the scheme to convert or divert Universal’s assets as noted herein, proprietary information, and borrowers to NMB.
57. The manner in which Schiele and/or Diaz carried out the scheme of affecting a raid of Universal’s assets as noted herein, proprietary information, and borrowers was intentionally calculated to prevent detection by Universal.
58. Despite such knowledge, NMB did not refuse, and in fact knowingly accepted the benefits of, the misappropriation of Universal’s Secret Information and/or the Converted Loans.
59. NMB’s failure to refuse and/or notify Universal which itself, an act or omission to act forming its own misrepresentation.
60. Universal justifiably relied upon NMB’s misrepresentations.
61. Universal was damaged by NMB’s misrepresentations.
WHEREFORE, the above premises considered, Universal demands judgment for compensatory damages against NMB in excess of $75,000.00 with interest, punitive damages, attorney fees and costs of this action, and such further and different relief as this Court deems just and proper.
Count IV – Tortious Inference with Prospective Advantage or Advantageous Business Relations
62. Plaintiff restates Paragraphs 1 through 32 as if fully stated herein.
63. Diaz intentionally and willfully diverted Universal’s borrowers to NMB, Universal’s direct competitor, and completed such acts while his mortgage industry licensure was still associated with Universal, and/or transferred those relationships (and related confidential, proprietary, competitively sensitive, and business opportunity information) from Universal to NMB.
64. In exchange, NMB compensated Diaz, and upon information and belief incentivized Diaz, for his intentional and willful diversion of Universal’s borrowers to NMB.
65. NMB’s acts were calculated to cause damage to Universal in a loss of business, including a loss of employees and borrowers, including the Converted Loans.
66. NMB’s acts were committed with unlawful or improper purpose to cause such damage, without justification.
67. Each time a prospective Universal borrower completed a mortgage loan with NMB represented a separate injury to Universal and the date of each such loss remains to be determined by Universal other than by review of applicable public recordation of lost borrower’s mortgages with NMB.
68. As a direct and proximate result of NMB’s intentional and unjustified interference, Universal suffered damages, including but not limited to, losing employees, borrowers and the income and/or benefits derived therefrom.
69. Both prior to, and immediately after, the Schiele and/or Diaz resignations from Universal, NMB intentionally and willfully encouraged Universal’s former employees (including loan originators) to terminate their employment with Universal and/or to accept substantially similar positions with NMB, Universal’s direct competitor.
70. NMB’s acts were calculated to cause damage to Universal in a loss of business, including the loss of employees and/or loan originators.
71. NMB’s acts were illegal or unlawful pursuant to the Florida Uniform Trade Secrets Acts and/or the Florida S.A.F.E. Act, and/or were committed with unlawful or improper purpose to cause such damage, without justification.
72. As a direct and proximate result of NMB’s intentional and unjustified interference, Universal suffered damages, including but not limited to, losing borrowers, employees and/or loan originators and the income and/or benefits derived therefrom and other such losses as yet to be realized.
WHEREFORE, the above premises considered, Universal demands judgment for compensatory damages against NMB in excess of $75,000.00 with interest, punitive damages, attorney fees and costs of this action, and such further and different relief as this Court deems just and proper.
Relief Demand
WHEREFORE, Universal Mortgage & Finance, Inc. respectfully requests this Court grant the following relief:
A. Compensatory damages against Nationwide Mortgage Bankers, Inc. in an amount in excess of Seventy-Five Thousand Dollars ($75,000.00) to be determined;
B. Punitive Damages in an amount to be determined;
C. Award attorneys’ fees and costs and expenses incurred in connection with the litigation in this matter; and
D. For such other and further relief as this Court may deem just and proper.
Dated this 21st day of December, 2021.
Respectfully submitted,
EAVENSON, FRASER & LUNSFORD, PLLC
s/ Thomas J. Fraser, Jr.
Thomas J. Fraser, Jr., Esquire
Florida Bar No. 0155594
Primary Email: tj@efli.law
Secondary Email: sarah@efli.law
4230 Pablo Professional Court, Suite 250
Jacksonville, Florida 32224
Telephone: (904) 567-1160
Facsimile: (904) 567-1065
Attorney for Universal Mortgage & Finance, Inc.
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Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
U.S. District Court
Middle District of Florida (Orlando)
CIVIL DOCKET FOR CASE #: 6:21-cv-02134-CEM-LRH
Universal Mortgage & Finance, Inc. v. Nationwide Mortgage Bankers, Inc. Assigned to: Judge Carlos E. Mendoza Referred to: Magistrate Judge Leslie R. Hoffman Cause: Civil Miscellaneous Case |
Date Filed: 12/21/2021 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question |
Plaintiff | ||
Universal Mortgage & Finance, Inc. | represented by | Christopher T. Staiti Staiti Law Firm, Inc. Suite 112 1111 Benfield Blvd. Millersville, MD 21102 410-878-7411 PRO HAC VICE ATTORNEY TO BE NOTICEDThomas J. Fraser , Jr. Eavenson, Fraser, Lunsford & Ivan, PLLC Suite 250 4230 Pablo Professional Ct. Jacksonville, FL 32224 904-567-1062 Fax: 904-567-1065 Email: tj@efli.law ATTORNEY TO BE NOTICED |
V. | ||
Defendant | ||
Nationwide Mortgage Bankers, Inc. | ||
Date Filed | # | Docket Text |
---|---|---|
12/21/2021 | 1 | COMPLAINT against NATIONWIDE MORTGAGE BANKERS, INC. (Filing fee $ 402 receipt number AFLMDC-19052290) filed by Universal Mortgage & Finance, Inc.. (Attachments: # 1 Civil Cover Sheet)(Fraser, Thomas) (Entered: 12/21/2021) |
12/21/2021 | 2 | PROPOSED summons to be issued by Universal Mortgage & Finance, Inc.. (Fraser, Thomas) (Entered: 12/21/2021) |
12/21/2021 | 3 | NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Leslie R. Hoffman. New case number: 6:21-cv-2134-CEM-LRH. (SJB) (Entered: 12/21/2021) |
12/21/2021 | 4 | MOTION for Christopher T. Staiti to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19052602 for $150 by Universal Mortgage & Finance, Inc.. (Attachments: # 1 Exhibit)(Fraser, Thomas) Motions referred to Magistrate Judge Leslie R. Hoffman. (Entered: 12/21/2021) |
12/21/2021 | 5 | SUMMONS issued as to Nationwide Mortgage Bankers, Inc. (BD) (Entered: 12/21/2021) |
12/22/2021 | 6 | INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 12/22/2021. (MEH) ctp (Entered: 12/22/2021) |
12/22/2021 | 7 | NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 12/22/2021. (MEH) Copies mailed. (Entered: 12/22/2021) |
12/23/2021 | 8 | ORDER denying without prejudice 4 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie R. Hoffman on 12/23/2021. (MKH) (Entered: 12/23/2021) |
U.S. District Court
Middle District of Florida (Orlando)
CIVIL DOCKET FOR CASE #: 6:21-cv-02134-CEM-LRH
Create an Alert for This Case on RECAP
Universal Mortgage & Finance, Inc. v. Nationwide Mortgage Bankers, Inc. Assigned to: Judge Carlos E. Mendoza Referred to: Magistrate Judge Leslie R. Hoffman Cause: Civil Miscellaneous Case |
Date Filed: 12/21/2021 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question |
Date Filed | # | Docket Text |
---|---|---|
01/11/2022 | 14 | AMENDED COMPLAINT against Nationwide Mortgage Bankers, Inc. filed by Universal Mortgage & Finance, Inc..(Fraser, Thomas) (Entered: 01/11/2022) |
01/12/2022 | 15 | ENDORSED ORDER discharging 9 Order to Show Cause in light of 14 Amended Complaint. Signed by Judge Carlos E. Mendoza on 1/12/2022. (VLC) (Entered: 01/12/2022) |
Bankers
Mortgage Servicer PHH Ocwen: Scammin’ Homeowners Since 2008, with Government and Judicial Approval
The mortgage servicing industry constantly refuses, misallocates or has some other reason for not crediting customers mortgages with the payment to induce foreclosure.
News 6, DEO save 72-year-old Titusville woman from foreclosure in home assistance glitch
‘This just made our Christmas,’ woman’s daughter says
DEC 13, 2022 | REPUBLISHED BY LIT: DEC 14, 2022
TITUSVILLE, Fla. – A 72-year-old Titusville woman and her daughter found themselves on the brink of foreclosure after Homeowner Assistance Funds issued by the Department of Economic Opportunity went missing.
Nilda Molina and her daughter, Millie Aguirre, contacted News 6 and Make Ends Meet after their mortgage company, NewRez C/O PHH Mortgage Services, issued a foreclosure notice the day before Thanksgiving.
“Not a single payment has been received by the mortgage company,”
Aguirre told News 6.
“I’m nervous, I feel like I’m worse off now (than) before I entered the program.”
Molina has lived in her Titusville home for nearly 30 years, and according to documents obtained by News 6, was approved for mortgage and utility funds for 18 months on July 13, 2022.
Aguirre said the DEO indicated the payments had been issued, but according to the mortgage company, the funds were never deposited into Mrs. Molina’s account.
The DEO confirmation letter said the payments “will be made directly to your service provider and may process at different times.”
News 6 contacted the DEO and a representative got to work immediately.
The money, all 6 months of missing mortgage payments, were issued Monday.
In an email to News 6, her daughter wrote in part,
“We got results. Thank you! Thank you! Thank you! We could not have gotten this done without you. This just made our Christmas.”
During our interview, Aguirre said she and her mother felt News 6 would have the answer.
“The first thing we thought was we should come to Getting Results on Channel 6 and see if they could help us,”
Aguirre said.
“Here you are and I thank you so much for that.”
In a statement to News 6, DEO Press Secretary Leigh McGowan said in part,
“If homeowners are not seeing their awarded Florida HAF funds applied to their mortgage account, we encourage Florida HAF recipients to review their Florida HAF award letter. All award letters are emailed to Florida HAF recipients when they are initially awarded assistance.”
Each award letter states the name of the company to which the payment will be made.
If the name of the company in the award letter differs from the name of the company their mortgage payments are regularly sent to each month, the best course of action for Florida HAF recipients is to contact the Florida Homeowner Assistance Fund Customer Assistance Center for assistance at 833-987-8997, Monday through Thursday from 9 a.m. to 6 p.m., Friday from 8 a.m. to 4 p.m., and Saturday from 9 a.m. to 1 p.m.
LIF Comment: More information about homeowner assistance in states outside Florida (nationwide) is available on CFPB’s website.
YOUR DONATION(S) WILL HELP US:
• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.
• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.
Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
Editors Choice
A Message for Felon Francis Santa: We Cannot Be Bribed. Stop the Harassment
Once a person has been convicted of a felony, he or she can be considered a felon for life, according to the strict meaning of the word.
Dear Santa…..
DEC. 12., 2022
We’ve set aside your plethora of harassing emails and bribes for many months. Indeed, we have never contacted the ex-wife below, who is desperate to provide more unfavorable information about you, Francis “Frank” Santa.
But now your emails are becoming both incessant and threatening, which means we have to publish all the information for our own safety.
You are a convicted felon Francis “Frank” Santa. Considering your stalking behavior, that makes you a very dangerous and untrustworthy person.
We are stating in this public forum: cease and desist from your writings, threats and stop tryin’ to bribe us with “donations” – which are not donations as they are based on LIF and LIT removing an article about you, which is based on the real truth, no bull.
And remember Francis Santa, you are the one who came charging at us with a takedown request for the Ringel’s, indicted in NYC.
In return, all we did was google you and your business to find out who we were dealin’ with.
That’s when we discovered the information about your criminal past, which was recovered from publicly accessible information.
LIF and LIT didn’t ‘destroy’ you Frank, you did that all by yourself.
May 17, 2022
your-name
Francis Santa
your-email
fs.businessimagelift@gmail.com
your-subject
I am coming hat in hand to you for help.
your-message
Dear Sir/Madam,
I am sincerely and humbly asking you for help. I do not know who I upset to find myself being personally punished on your website but there my be a good reason for which an apology on my part may be need.
If I have wronged someone there I am deeply sorry.
I am a spiritual person and have worked very hard to get to where I am in my life after having my world destroyed 11 years ago.
I have changed and I take responsibility for all my past issues, but more important to me now in life is that if I have done something to someone to offended them even without knowing why, I apologize and more forward.
Please contact me back by email or phone (305)967-3168 so I can make amends.
I do know who has so much dislike for me and took the time to hurt my wife, children and grandchildren and me and but I must have hurt them deeply for the posting to be put up about me.
Last, please understand I am not asking for sympathy or asking you to remove it.
If I have harmed someone in the last 6 years and I am wrong for something I personal did then I deserve it but also if I did nothing I don’t.
Again, please contact me and tell me what I have to do to make things right and discuses this.
Very Respectfully,
Francis
Jun 9, 2022
your-name
Francis Santa
your-email
franksanta054@yahoo.com
your-subject
Need your help
your-message
Dear Sir/Madam,
I sent an email to info@lawsinflorida.com and did not receive a response.
I really need your help, please see attached.
Multi_Upload
https://lawsinflorida.com/wp-content/uploads/wp_dndcf7_uploads/wpcf7-files/Francis-Santa-lawsinflorida.pdf
Jul 22, 2022
your-name
GINA PELLICCIO
your-email
deadmom1960@gmail.com
your-subject
Francis Frank Santa
your-message
I read with great interest your article on my former spouse – what you don’t know is that Mr. Santa is currently in arrears for child support in the amount of $196,000.
I can provide documentation for proof.
I find it quite amusing that this man cries poor mouth, continues to hide assets, resides in a gated community in Boca Raton and has started this bogus foundation.
Leopards do not change their spots –
You do realize he also spent 5 of a 15 year bid in NYS prison for a credit repair scam in which he stole 2.5 MILLION; was prosecuted by DA Morgenthau’s office and was ultimately released to the state of Florida for his parole and probation.
Probation doesn’t give a rat’s ass about what he is doing.
Child Support enforcement doesn’t give a rats ass and good luck trying to get in touch with someone.
I will never see that money he owes – – I can’t even get a life insurance policy on him – something he was to provide for his FIRST born – not the other children he has – one of which is a convicted counterfeitter.
https://www.wpbf.com/article/santa-arrested-in-nordstrom-parking-garage/1311487#
https://www.justice.gov/usao-mdfl/pr/delray-beach-man-sentenced-making-and-possessing-counterfeit-currency
I encourage LIF to contact me.
October 13, 2022
your-name
Francis Santa
your-email
f.michael@businessimagelift.com
your-subject
Need your help ( https://lawsinflorida.com/where-is-he-now-fraudster-francis-santa-was-sentenced-to-88-months-for-conspiracy/ )
your-message
I sent you an email many months ago.
I have put my life back together.
The past 11 years I have paid dearly for what happen.
My family has suffered the most because of the issue.
As for myself I feel that what I went threw changed me and made me a better person and took me off a bad path.
I am trying so hard to move on.
Your article about me is destroying my family.
Please contact me back to see if you can help me in some way to remove or de-index this.
I do understand that you spent a tremendous in research and time posting this.
I have no problem paying and administrative fees that you need.
I am coming to you with hat in hand for your help
Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy
Respectfully,
Francis
December 1, 2022
Donor Comment: I wanted to donate more and will each month when I have extra money.
December 1, 2022
Donor Comment: I would like to also advertise with you.
December 8, 2022
Subject:
francis santa where is he now
From:
the former mrs santa <deadmom1960@gmail.com>
Submitted on: Dec 8, 2022 at 20:26
your-name
the former mrs santa
your-email
deadmom1960@gmail.com
your-subject
francis santa where is he now
your-message
ha ha now he is offering a scholarship???
lol scam people into giving money to his “foundation” that isn’t a 501c3 – so he can give it to “other” charities. Why don’t I just donate to them myself and get the tax write off?
are people that stupid?
December 8, 2022
your-name
FORMER MRS SANTA
your-email
DEADMOM1960@GMAIL.COM
your-subject
FRANCIS SANTA – WHERE ARE THEY NOW
your-message
YOU MIGHT ALSO BE INTERESTED IN KNOWING THAT IN ADDITIONAL TO THE HUNDREDS OF PEOPLE MR SANTA HAS SCAMMED – HE CURRENTLY OWES OVER 195000 IN BACK CHILD SUPPORT WHILST LIVING LARGE IN BOCA – HE HAS MADE HIMSELF UNTOUCHABLE SINCE NO ASSETS ARE IN HIS NAME.
ARE YOU ALSO AWARE THAT HE SERVED 5-15 IN NYS PRISON FOR A DEBT RELIEF SCAM?
December 12, 2022
I am waiting patiently to talk to you regarding your posting on LIF. I am being as respectful as I can at this time.
I know you own the site along with LIT and you are responsible for the posting.
You have turned my life upside down for no reason. The internet can be very cruel.
I have suffered enough with my family and you have put my life in danger.
I could understand if I did something wrong but that is not the case.
Please remove the posting or de-index it from the search engines. I am not the only person you did this to for no reason.
What I find interesting is that you are a media company helping people and you are also a company that destroys people.
Do your clients know this?
All I want is for you to remove the posting.
You have hurt me for more than 9 months.
I think that you made your point (whatever it was)
Donor Comment: Thank you
Boca man pleads guilty to conspiring to bribe bankers and fake financial documents
AUG 9, 2011 | REPUBLISHED BY LIT: APR 22, 2022
WEST PALM BEACH — The owner of a Boca Raton company pleaded guilty Wednesday to conspiring to bribe local bankers and falsify financial documents to secure more than $1.5 million in fraudulent small business loans and lines of credit.
Francis Santa admitted orchestrating what federal prosecutors have described as an unique form of fraud: enlisting corrupt bankers to approve business loans for clients with poor credit histories. Santa and his employees at Palm Beach Business Consultants attempted to push through more than $10 million in bogus loans and lines of credit since the firm opened in 2003, according to the U.S. Attorney’s Office.
After federal authorities caught on to Santa’s scheme, he began working with them and agreed to introduce an undercover FBI agent to the bankers. The sting culminated in January with the arrests of 15 people, including Santa, a Broward Schools assistant principal, a former Broward Sheriff’s investigative aide and seven Broward and Palm Beach bankers.
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• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.
Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
Florida
August 2022 List of Thievin’ and Lyin’ Attorneys In the State of Florida
The consistent theme for August 2022, and indeed most months, is Florida lawyers theft of client funds and settlement funds.
August 1, 2022 Disciplinary Actions
AUG 1, 2022 | REPUBLISHED BY LIT: NOV 15, 2022
The Florida Supreme Court in recent court orders disciplined six attorneys, suspending three and disbarring three.
Timmy W. Cox, Sr., 7401 S.W. 16th St., Plantation,
suspended effective immediately following a July 13 court order.
(Admitted to practice: 2014)
Cox failed to respond to official Bar inquiries.
The Bar filed its Petition for Contempt and Order to Show Cause on April 29.
The Florida Supreme Court ordered Cox to show cause by May 18. Cox failed to file a response to the court’s Order to Show Cause.
(Case No: SC22-598)
James F. Feuerstein III, 22724 Stallion Dr., Sorrento,
disbarred effective immediately per a July 21 court order as Feuerstein is currently suspended for 91 days (by court order dated April 21).
(Admitted to practice: 1987)
Feuerstein failed to respond to official Bar inquiries in three separate Bar matters and failed to file a response to the Court’s Order to Show Cause.
(Case No: SC22-618)
Thievin’ from Your Own Mamma’s Estate
John Hadsall, 18198 3rd St. E., Redington Shores,
disbarred, effective 30 days following a July 7 court order.
(Admitted to practice: 1980)
Hadsall was found to have improperly transferred assets from the estate of his mother for personal use.
He failed to show by clear, satisfactory, and convincing evidence that he acted in good faith throughout the transactions and failed to show that his mother acted freely, intelligently, and voluntarily in gifting him funds from her accounts.
Hadsall subsequently attempted to render himself judgment proof to thwart the estate’s attempt to recoup the funds.
(Case No: SC21-1444)
Melanie L. Johnson, 4790 Longbow Dr., Titusville,
disbarred effective immediately following a July 14 court order.
(Admitted to practice: 2004)
Johnson misappropriated client funds.
In response to the Bar’s request for records needed to perform a compliance audit of her law office trust account, Johnson reconstructed her records and submitted records to the Bar that contained false and misleading information.
(Case No: SC21-1675)
Thievin’ from Clients, and Received a PPP Loan
Bradley Nephase Laurent, 8615 Commodity Circle, Suite 6, Orlando,
emergency suspended effective 30 days following a July 14 court order but to cease accepting new clients as of July 14.
(Admitted to practice: 2005)
Laurent misappropriated client funds from his law office trust account, some of which he repaid from the proceeds of a Paycheck Protection Program loan he obtained on behalf of his law firm for COVID-19 relief.
(Case No: SC22-851)
Thievin’ from Clients, and Lyin’ to the Bar
James Santos Wilkie, 1333 S. Ocean Blvd., Suite 1323, Pompano Beach,
emergency suspended effective immediately following a July 19 court order.
(Admitted to practice: 2013)
Wilkie misappropriated client settlement funds and made misrepresentations to the Bar during their investigation.
(Case No: SC22-911)
Meet James S. Wilkie – Managing Partner
James was originally born in North Miami Beach; however, due to his father being a United States Marine Corps Officer (Col. James R. Wilkie Ret.), he lived in dozens of places across the continental United States. James graduated from Collierville High School in Collierville, Tennessee, where he elected to remain and receive his Bachelor of Science in Education from the University of Memphis. While attending the U of M, he joined the prestigious fraternity Pi Kappa Phi. Furthermore, Mr. Wilkie went on to make the Dean and Presidents list through his undergraduate education. He was accepted to Thomas M. Cooley Law School in Lansing Michigan, where he placed in the top 4% of his class.
Wanting to be closer to his family in South Florida, he transferred to Nova Southeastern University Shepard Broad Law Center, where he graduated with his Doctorate of Juris Prudence in 2011. Mr. Wilkie attended the Nova Southeastern University Family Law Clinic, where he worked with both The Thomas Family Law Firm in Memphis Tennessee, and Legal Aid of Palm Beach County Florida. During law school, his concentration was Personal Injury, Criminal Defense, Family Law, Civil Litigation, and Dependency. He accepted a position with Katz & Katz, P.A. where he practiced a wide variety of law, including but not limited too; Plaintiff Personal Injury Protection Litigation, Personal Injury Plaintiff, Contract Actions, and Criminal Defense. Eventually in 2013, Mr. Wilkie opened the doors to The Wilkie Law Firm, P.A. practicing mainly Plaintiff Personal Injury and complex negligence cases. He remained the managing partner of The Wilkie Law Firm until his assentation to of counsel with Salpeter Gitkin, LLP through his now conjoined practice in 2018.
Mr. Wilkie has recovered millions of dollars for his clients and boasts a wide variety of trial experience in multiple areas of law. Mr. Wilkie values himself as a well versed civil litigation attorney utilizing his knowledge and extended experience to provide his clients with the most advantageous outcome. Having successfully co-counselled cases in Michigan, North Carolina, Tennessee and Mississippi, Mr. Wilkie’s wide variety of experience and aggressive nature continues to achieve leaps and bounds for his clients.
James is a long time Florida resident and enjoys golf, softball, basketball, fishing and spending time with his wife Crystal and his two daughters Amilia and Anessa.
Pedestrian and Bicycle Accident Injuries
If you have been struck by a motor vehicle while riding your bike or walking then it may be necessary to seek financial compensation for your injuries. Medical bills, lost wages from time off work, and other considerations can create serious complications for your life beyond the pain and suffering associated with your injuries.
Car Accidents
If you have been hurt in a car accident, do not accept any settlement that is offered by an insurance company without first reviewing it with a skilled and experienced attorney who can advise you more thoroughly about your legal rights and options.
Motorcycle Accidents
If you have suffered injuries in a motorcycle accident that was caused by another party’s negligence or recklessness, then you may be able to file a civil lawsuit seeking financial compensation for damages rather than simply relying upon an insurance claim to meet your needs.
Truck Accidents
If you have been hurt in an automobile wreck involving a commercial truck then we can help you to explore the possible merits of legal action and to determine whether the driver, trucking company, truck manufacturer, or another third-party may be liable.
Catastrophic Injuries
If you have suffered life-complicating injuries and would like to know more about the possible advantages of filing a civil lawsuit then you should consult with a skilled and experienced attorney about your case.
Cruise Ship & Boating Accidents
If you have been hurt in an accident involving another person’s failure to properly operate, design, or maintain a watercraft then you might wish to consider filing a civil lawsuit seeking financial compensation for your injuries. You may be able to recover the resources that you need to address medical bills, boat repair costs, and other appropriate damages.
Premises Liability
Premises Liability If you or your loved one has been hurt in an accident that occurred on another party’s property then you may be able to pursue financial compensation through a civil lawsuit. Medical bills, lost wages, pain and suffering, and other damages may be recoverable.
Medical Malpractice
If you or your loved one has been the victim of a medical mistake and has experienced adverse health effects as a result, then you may wish to investigate the possibility of pursuing a medical malpractice claim. A successful lawsuit can gain you the resources that you need for present and future care and may also help you obtain financial compensation for other relevant damages.
Products Liability
If you have been sickened or hurt by a dangerous product then you may be able to file a civil lawsuit seeking financial compensation for your injuries. A successful legal action might help you cover the costs of medical bills, lost wages, and other considerations appropriate to the specific details of your case.
Personal Injury
If you have been hurt in an accident that was caused by someone else’s negligence or recklessness and are looking for a compassionate and committed legal representative, then we can help you fight to hold them accountable for the harm that you have suffered.
Uninsured/Underinsured Motorist
If you have been in an automobile accident with an uninsured or underinsured motorist then it may be possible to pursue additional financial compensation through a civil lawsuit. A successful legal action might gain you the resources necessary to make up the gap between the policy maximum and the damages you have experienced.
Wrongful Death
While prevailing in a wrongful death lawsuit against the person or entity responsible for your loved one’s death may seem like a hollow victory, the reality is that it may be the best or only way to ensure that you have the financial resources that you need to cope with the painful adjustments you must make.
The Florida Supreme Court, The Florida Bar and its Department of Lawyer Regulation are charged with administering a statewide disciplinary system to enforce Supreme Court rules of professional conduct for the more than 110,000 members of The Florida Bar. Key discipline case files that are public record are posted to attorneys’ individual online Florida Bar profiles. To view discipline documents, follow these steps. Information on the discipline system and how to file a complaint are available at www.floridabar.org/attorneydiscipline.
Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that includes a rigorous background check and retaking the Bar exam. Attorneys suspended for periods of 91 days and longer must undergo a rigorous process to regain their law licenses including proving rehabilitation. Disciplinary revocation is tantamount to disbarment.
YOUR DONATION(S) WILL HELP US:
• Continue to provide this website, content, resources, community and help center for free to the many homeowners, residents, Texans and as we’ve expanded, people nationwide who need access without a paywall or subscription.
• Help us promote our campaign through marketing, pr, advertising and reaching out to government, law firms and anyone that will listen and can assist.
Thank you for your trust, belief and support in our conviction to help Floridian residents and citizens nationwide take back their freedom. Your Donations and your Voice are so important.
-
Editors Choice3 years ago
Where Is He Now? Fraudster Francis Santa Was Sentenced to 88 Months for Conspiracy
-
Bankruptcy5 years ago
Two Florida Foreclosure Lawyers Matt Fuqua and Clay Milton Commit the Most Abhorrent Act
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Acceleration4 years ago
Who is Catalina Azuero, a Liar Lawyer at Goodwin Procter LLP?
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Editors Choice3 years ago
Judge Barbara Hobbs Son is Arrested for Attempted Murder. Her ExtraJudicial Intervention is Granted
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Editors Choice2 years ago
A Message for Felon Francis Santa: We Cannot Be Bribed. Stop the Harassment
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Federal Judges2 years ago
Selective Justice: Law Firm Assistant Criminally Charged with $3M IOLTA Theft But Lawyers Who Steal Millions Are Not.
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Eleventh Circuit4 years ago
Florida Insurance Defense Lawyer Curtis Lee Allen Faces Ethics Complaint Filed by the Florida Bar
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Appellate Circuit4 years ago
Who is Liar Lawyer Sabrina Rose-Smith of Goodwin Procter, LLP?