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Edward Cherry, The Sunshine State Land Trust, and Others Appeal Asset Freeze

A reader brought to my attention that on October 19, 2012, Ed Cherry and other related entities had a notice of appeal recorded regarding the asset freeze for himself, The Sunshine State Land Trust Company, Growth Capital Funding, Florida Land Trust Services, and Zion Partners Irrevocable Trust.

The court document reflect the asset freeze is being appealed to the Fourth District Court of Appeal and is filed on behalf of Mr. Cherry and other Defendants by Peter J. Snyder and Howard Feinmel.

Interestingly, others that were named as part of the Florida Attorney General action appear to be represented separately.

Larry Diodato, August Belmont and Company, Esquire Litigation Support and EsqLitigationSupport.com are being represented by Richard Epstein from Greenspoon Marder.

Paul Gallenbeck and Fidelity Land Trust Company are being represented by Aaron Cohen of Cohen & Kuvin. – Source

I find it interesting that the parties are not being represented by the same firm.

Edward Cherry, The Sunshine State Land Trust, and Others Appeal Asset Freeze
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Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Tony

    Ed, you are on the money…Bzag, do you work for Cherry, Diodato or which one of their many minions? Given the fact (per the Florida AG and Florida Bar) that everything Mr. Cherry has touched in the past 6 years has been deemed fraudulent and not in support of the public interest; how could one believe that this is a governmental scheme against Cherry Diodato et al…? Easily… To answer a simple question posed below, are these companies all the same – NO. But they were all created together as part of one master scheme. How do I know this? Because I have seen the identical corporate entity shell game played by all parties twice before. Once in the debt settlement arena and once in the timeshare arena. In this case past performance (or lack thereof) is an excellent indicator…

  • Bzag

    I find it interesting that you find that interesting. Which basically means you not only assumed these were all the same company, but you also assumed that they were all guilty. As a client of Fidelity Land Trust I can tell you that nothing that has been alleged is true and I am also suing the OAG for violating my rights without any due process.

    This is a case of a guy named Ed Cherry having a bad name and therefore the govt decides that anything he has seen or touched is also bad. If that was how the world worked nobody could do business.

    • http://GetOutOfDebt.org Steve Rhode

      I’m not assuming any guilt. That’s for the courts to decide.

      It’s still an interesting observation how everyone used separate firms. There’s nothing wrong with that, it’s just an observation.

      • ed

        This is more calculating than interesting. Larry Diodato is trying to distance his cash cows August Belmont & Co (formerly The Center for Legal Justice and E-Limidebt) and Esquire Litigation Support from Fidelity and Cherry so that they can continue on with their debt elimination business and to solicit for one of the new land trusts they orchestrated to open recently. August Belmont & Co is the telemarketing operation who buys the leads then cold calls the unsuspecting consumers and dupes them into either debt elimination, land trusts or whatever the new scam of the day is . Esquire Litigation Support is where all the fees flow into from these operations. So, Larry Diodato wants to separate them in order to keep the cash flowing, only the Fl AG is onto this and he will not be able to distance himself from Cherry due to their “joined at the hip” relationship in E-Limidebt, The Center for Legal Justice, August Belmont & Co and Esquire Litigation Support.
        One last thought about Bzag above…how could someone stupid enough to deed their property into a land trust wake up one day and be smart enough to know what due process is ? Nice try Bzag. Better get back on the phones before Larry threatens you for not producing.

      • Bzag

        Seriously guy, what is your problem? Be a professional and have a little respect. What be so pretentious? So by putting my home in a Land Trust I am dumb?

        It is clear that you have or have had some involvement with some of these people. This is crystal clear by the specific comments and clear hatred that you spew.

        All I am saying is that Fidelity Land Trust has been open with me from day 1 about everything and they have also been very open with me since this has all gone down. So, if in my case none of what had been said is true shouldn’t I naturally be suspicious as to why the accusations are far from why I experienced?

        Your Madoff comment was simply ignorant as it was an awful example. Is Cherry in jail? I’m not defending the guy at all, but why is he not in prison if he is a Madoff? Where ate the criminal charges? Stop throwing stones for no reason other than the fact that you obviously have a personal vandetta against some of these people. More over, grow up!

      • ed

        These are facts guy. Apparently you are not familiar with the fact that Cherry embezzled 600K from I-Bill. Or the fact that chase sued him for over $5 million for bogus lawsuits related to debt elimination. Maybe you did not know that the economic crimes unit charged Cherry and has an investigation on the Fl AG site re Hess/Kennedy which has everything to do with Cherry.You certainly have no clue that quiet title is a scam and does not work. If you know what due course is you should be smart enough to research quiet title and understand no real attorney believes it can work. Yet, unlike a thoughtful, responsible consumer you defend this scam instead of running to the AG to find out how to get your property deeded back ? You are a fraud, Bzag. We try to enlighten and educate consumers here. But, guys like you who work for these scumbags come here to defend them pretending to be clients who love their services. You are suspicious of an attorney general investigation that has been going on for several years that labels this a scam ? You are right,Bzag. You are not stupid. You are a moron.

      • Bzag

        Steve, do you really allow this on your site? I’m being insulted ober and over again for explaining an opposing view from a current client?

        Ed, I won’t be conversing with you any longer because you are simply unprofessional and immature. However, I am a client I don’t care if you believe that or not. All I have said is that I have not been told any of things that have been alleged and I have a significant amount of paperwork from Fidelity that states my risk clearly.

        I also said I am not supporting or defending Ed Cherry, I was clear on that. He obviously has made waves and plenty of enemies but your comparison to Madoff was simply ridiculous. If Cherry was Madoff why isn’t he in prison? Why did he only receive a slap on the wrist? He is probably some combination of a mad scientist genius mixed with some severe tendencies to be shady.

        So, he may be a bad guy but is not Fidelity Land Trust. Maybe Fudelity had some dealings with the guy and separated theirselves from him because of his past. But, the separation is clear and I know this is a fact. You are simply a rock thrower. Grow up and make some thoughtful statements that aren’t 99% assumptions on your part and maybe people will take you even moderately serious.

        Steve, I must reiterate that I have been a fan of this site for years, but the fact that you allow a basher and a bullying troll like “Ed” to spew insulting remarks to people that are your primary audience is a bit disheartening to me.

      • http://GetOutOfDebt.org Steve Rhode

        Thank you for asking.

        We have a liberal policy on comments and allow people to voice an opinion and contribute.

        While it is unfortunate you feel you are being attacked, have you not seen the internet? People, even including yourself, hide behind anonymous names and say whatever they want. Damn free speech.

        All comments on the site fall under the site terms that make comment participation very clear. See http://getoutofdebt.org/terms/

        I’m sorry you are disheartened but I’m not getting sucked into your difference of opinion with Ed. I have not sided with either of you and have no dog in this hunt.

      • Bzag

        That is understandable. It just seems like an easy way to turn people away from your site that do have a dog in this fight or any others. To be insulted to such a level for simply expressing why has happened in my personal dealings just doesn’t make sense to me. Maybe these people are all going to jail, but if a newspaper article claims a man was beaten after resisting arrest when I watched it all in person and know the person did not resist arrest; I would then have to explain that it didn’t go down that way. Just as in my situation it didn’t go down the way things are being reported so doesn’t that mean a lot?

        I was not defending Ed Cherry at all. I simply said the guy is not Madoff. Not even close. From what I gather about Ed Cherry, he seems to be quite brilliant at challenging banks and his ideas have sadly led to scams that came from viable ideas that worked at a high rate if and when the work was done. Sadly most companies decided to collect the money for the ideas and not follow thru on the concepts. His concepts are still used today by many attorneys and hopefully they are doing the work necessary to follow thru on the task. How bad is he? I don’t know? Maybe he was part of the corruption as well.

      • ed

        How naive are you, Bzag ? Mr Cherry’s ideas did not lead to scams, he perpetuated them and established them ! All for his own personal financial gain and that of his co conspirators, like Larry Diodato. Ask yourself this question, did Cherry, Diodato or Feinmel have any prior experience in defending foreclosure actions ? Did any of them work for a title company ? Perhaps on behalf of a bank and prosecuted foreclosure actions ? Maybe a law firm that defended foreclosure victims ? The answer in each case is NO. Not one of them has any experience in the field, yet idiots like yourself deed your property over to them.They tried to use this same methodology but applied to credit card debt for the last several years and can boast not one case where they were able to eliminate debt. They certainly made tons of money, however, through upfront and monthly fees. The consumers were left worse off than when they started with judgements, liens and bankruptcies. They troll the legal system looking for and using the same techniques proven to not work and ways to convince consumers they are working on their behalf. In the end they are simply out to make a quick buck off the backs of people who can afford it the least.

      • ed

        Appeal SHOT DOWN !! DENIED !! Although Larry Diodato got his asset freeze lifted for August Belmont & Co and Esquire Litigation Support, he cannot participate in any form of foreclosure rescue. Guess that just leaves his debt elimination scam to generate revenue. Fidelity Land Trust and Gallenbeck, on the other hand, were DENIED having the freeze lifted after their two hearings in November and December, That order was issued 1/7. These guys are so brazen (see also stupid) that they had a “client” testify that a final judgement was issued on his case and that he no longer had a mortgage when court records reflected that it was a default judgement he received that was vacated by an agreed order of counsel a few months later. Better yet, Howard Feinmel , his attorney in the case who was present at the hearings DID NOT DISCLOSE THIS IN COURT which pissed that judge off !

      • http://GetOutOfDebt.org Steve Rhode

        That should be interesting especially when I think Ed Cherry testified he was an employee of Larry who owned Fidelity Land Trust Partners.

        Where is the truth?

      • steve

        Wow. Bzag are you living in a cave ? Steve has posted numerous articles about Mr. Cherry and his involvement in not only Fidelity Land Trust but other dubious enterprises. This “separation” you claim to know about seems far different an opinion than the factual evidence of Mr. Cherry attending court hearings for cases filed by Fidelity where his puppet, Howard Feinmel, had to defer to Cherry because it was Cherry orchestrating each and every case. There is no separation there, just as there is no separation between Mr. Cherry and Hess/Kennedy, or The Center For Legal Justice and August Belmont & Co.. I would heed the words of Ed and do your homework. To say Cherry simply made waves and that the charges levied against him by the AG and Chase are a “slap on the wrist” are a bit far from the truth. It appears as if you condone ex cons duping consumers for their own benefit and personal enrichment. Maybe Steve will not take a side here but I will side with Ed on this. He does not appear to have drunk the same coolaid you have.

    • ed

      Where there is smoke there is fire. If you accept the fact that Cherry and Diodato have dubious pasts and that their lead attorney, Feinmel is under Florida Bar investigation and was charged by the Indiana AG, and you are still willing to deed your house over to them then you deserve what you get. Based on your logic, we should all invest with Madoff if he gets out too, huh ? Somehow, I do not think you are a client though. You are just another spoke in the wheel for one of these scam operations .

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