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New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

A tipster (send in your tips here) sent in a number of documents which show companies in Florida are continuing to market land trusts. This is particularly interesting since Fidelity Land Trust was sued and given a Temporary Restraining Order in September, 2012 to cease all business.

I’m going to post the documents I received below and we shall see where they lead, especially as new names pop up in this discredited way to imply to people their homes can be saved from foreclosure by paying massive advanced fees.

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue
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Whitestone Capital Trust, LLC

5645 Coral Ridge Drive
Suite 102
Coral Springs, FL 33076

Formed June 19, 2012. Nick Torgerson signed formation documents. Peter Bowers, PA is the registered agent. – Source

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

Private Capital Trust, LLC

5645 Coral Ridge Drive
Suite 102
Coral Springs, FL 33076

Formed on January 11, 2013 with Dan Keen as manager. – PrivateCapitalTrust

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

Carefree Properties, Inc.

413 N. Federal Highway
Hallandale, FL 33009

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

Florida Land Trust

According to the State of Florida there is no company named just Florida Land Trust that is registered to do business.

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue

Emails

From: [email protected]
Sent: Tuesday, November 13, 2012 1:28 PM
Subject: Re: As per our conversation / CareFree Properties – Florida Land Trust

As per your request when we spoke, here is more information about the course of action we discussed, as well as a bit more about ourselves, “CARE FREE PROPERTIES, Inc.” (Our FL Real-Estate License info is attached above). And please review the additional attachments as well.

We specialize in many real-estate services for property owners. Buying & Selling of Properties; Short Sales, Cash for Keys and Land Trust Services. If your property qualifies we can assist you with Trust Services with the intent to replace your existing mortgage with one at market value. You then become Creditor and Judgment proof which will protect and defend your property from foreclosure, IRS liens, HOA’s, and other creditors or liens

With this program you would be hiring the Trustee as a property expert to orchestrate the process of separating your home from your existing mortgage and resolving your current mortgage debt. This process is NOT about stall tactics. We seek a permanent solution to the problem that can result in a principal reduction to market value, lower payments, and the ability to quickly regain the equity in your home. Homeowners are at a landslide disadvantage in pursuing or defending claims by their Lenders.

Homeowners often lack
1. Knowledge and Experience
2. Financial Resources
3. Leverage for negotiating
4. Land Trust professionals and attorneys whose interests are aligned with your needs.
5. Informed and fair guidance/advice that goes beyond stall tactics

It is clear that homeowners are at a severe disadvantage with no availing hopes with government programs failing and banks unwilling to work out any amicable solutions that make real sense. Lenders have created such a complex web in securitization of loans consisting of pools, servicers, and sub servicers, master servicers, depositors, sponsors, nominees, successors and assigns in different capacities. Lenders have made it virtually impossible for homeowners to actually have a fair fight. Most Foreclosure Defense Attorneys are not SEC experts and don’t have time and or resources to become one. The Trustee will determine the following facts that can be used in mortgage litigation AGAINST your lender where you become the plaintiff and not the defendant:

1. Was the loan Originated and Serviced Compliantly?
2. Who actually owns the loan?
3. Were all transfers done complaint with all State, Federal, and Trust Laws?
4. Upon default, has the Lender or Servicer been made whole from Default Swap, Derivative, Loss Share Agreement, or other third party? (i.e. did the bank already cash in on title insurance then continue to charge the client)
5. Who has rights to foreclose?
6. Was foreclosure action initiated properly and compliantly?
7. Where all available options properly disclosed with any and all liabilities, obligations and expectations set fairly.

The Trustee of a Florida Land Trust brings together all of the resources, professionals, and experts in the exact areas needed for every individual case to prosecute or defend any action in the best interest of the homeowner and, at the same time, saves the homeowner sometimes hundreds of thousands of dollars if the debt is canceled. The Trustee’s compensation is exactly aligned with the homeowner’s interest in canceling the debt and there is a perfect exit strategy for all parties. There is accountability and responsibility on all parties to perform to the best of their ability and in the best interests of the homeowner at all times with absolute full disclosure as you will see.

WHAT OPTIONS ARE AVAIALBLE FOR HOMEOWNER RIGHT NOW?
1. Loan Modification: can cost $3500 – $20,000 and almost no chance of real, substantial success
2. Foreclosure defense – can cost $1000 – $5000 initial and $500 – $1000 monthly. This often results in the homeowner losing his/her home and credit with little or no chance of permanent solution
3. Trust Services – There will be a onetime title search & legal review for $169.00 and a monthly Trustee fee set at todays market value of the property. This will be determined once you are accepted into the trust. The homeowner is now a Plaintiff, not a defendant, completely turning all momentum.

A fair fight or settlement is very hard to come by without a Trustee to provide a conduit between all parties.

Do you have more time to review?

Informational Video’s > NBC Investigative reports; go to: www.landtrustforum.com click on educational videos/ top right

Public filings >

Through various trustee’s clients have received favorable outcomes, obtaining final judgments against their lenders, such as:

· A recent Miami Dade Case no: 2009-56339-CA-01 where defendant won by involuntary dismissal and the attorney was also awarded attorney’s fees. In this case the lender could not foreclosure on this property.

· Citibank vs. Neyma Soltura, where defendant was able to dismiss a foreclosure action after 4 years in litigation. Miami–Dade Case no: 2008-50548-CA-01.

These types of cases are unique and require very complex litigation. Most homeowners wait too long to make a move and end up losing their property. It’s important to note that not all properties are accepted by Florida land trusts. Accepted are only the cases which the trust first discerns they are capable of assisting. Hopefully we will have the opportunity to give you a fighting chance to save your home and regain the equity in your home.

Sincerely,

Tony Brown
Assistant to Matthew Krac
Office of Carefree Properties Inc
LIC# 3103474
413 N. Federal Hwy. | Hallandale, FL 33009
954-393-1153 | 305-896-0073 mobile
[email protected] | www.landtrustforum.com


From: [email protected]
Sent: Monday, November 19, 2012 10:47 AM
Subject: Approval, Please Review

CONGRATULATIONS!

A legal review of your property at [ ] has been conducted and you have been approved to have your current mortgage litigated. We will connect you with one of our partnering Florida-based land trust companies and a Trustee that will execute this process on your behalf. Your new principal balance of $140,000 constitutes the Trustee’s fee for managing this legal process and currently has a 0% interest rate. This will allow you to reduce your monthly payments, reduce your principal balance, and quickly regain the equity in your home.

Attached is a copy of the documents analyzed in the title search that you purchased and a synopsis of the legal review that was done on those documents. After an extensive review by our legal team, it was determined that your property fits the parameters of this program. This same legal team will work to have your existing mortgage debt resolved. If we receive an unfavorable judgment to get the existing mortgage debt resolved the New Note made payable to your Trustee will be void.

A Client Analysis outlining your options is attached to this email. You will be contacted within 24 to 48 hours to review the Analysis and schedule the date of your closing.

Thank you for choosing Carefree Properties to assist you with your home.

Sincerely,

Client Services

Office of Carefree Properties Inc
LIC# 3103474

413 N. Federal Hwy. | Hallandale, FL 33009
954-362-9792 |888-211-9518
[email protected] |www.landtrustforum.com

THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY, CAREFREE PROPERTIES DOES NOT ACCEPT A CLIENT DIRECTLY. RESULTS MAY VARY

CAREFREE PROPERTIES ADVISES ALL CLIENTS TO CONTINUE WITH ALL THE FOLLOWING ACTIVITIES: MAKING MORTGAGE PAYMENT, MAINTAIN ANY CURRENT ATTORNEY RELATIONSHIP

Sincerely,

Client Services

Office of Carefree Properties Inc
LIC# 3103474

413 N. Federal Hwy. | Hallandale, FL 33009
954-362-9792 |888-211-9518
[email protected] |www.landtrustforum.com

THIS WEBSITE IS FOR EDUCATIONAL PURPOSES ONLY, CAREFREE PROPERTIES DOES NOT ACCEPT A CLIENT DIRECTLY. RESULTS MAY VARY

CAREFREE PROPERTIES ADVISES ALL CLIENTS TO CONTINUE WITH ALL THE FOLLOWING ACTIVITIES: MAKING MORTGAGE PAYMENT, MAINTAIN ANY CURRENT ATTORNEY RELATIONSHIP


From: [email protected]
Sent: Tuesday, November 20, 2012 11:43 AM
Subject: re: As requested

In answering the question, will this affect credit?

As we discussed, it is possible; the note gives the lender the ability to damage credit. There are 5 options available after the process to release personal liability.

1. Prior to initiating an action the Trustees send a QWR (Qualified Written Request) and dispute the loan balance. This keeps the creditor from reporting because nothing can be recorded with the credit bureaus if it is being disputed.

2. During the litigation, the Trustees send FDCPA (Fair Debt Collection Practices Act) letters to any servicer or debt collector asking them to verify the debt.

3. Verification letters are sent to each and every Credit Reporting Agency.

4. Litigation is filed against any debt collector or credit reporting agency that cannot verify the debt.

5. Litigation is initiated or the note is satisfied once the new mortgage is originated.

Once the process is complete the Land Trust will receive a Court order of mortgage being canceled or satisfied. Any attempt to collect a debt will be met with an attorney hired by your Land Trust. The Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act provide statutory remedies for any bank or debt collector that attempts to collect a debt that has been extinguished. In other words if an attempt is made to report to the credit bureaus after the process is complete you will have a remedy via the attorney for the Land Trust.

Sincerely,

Tony Brown
Assistant to Matthew Krac
Office of Carefree Properties Inc
LIC# 3103474

1031 5th Street. | Miami Beach, FL 33139
954-393-1153 | 305-896-0073 mobile
[email protected] | www.landtrustforum.com


From: Client Services
Sent: Wednesday, December 05, 2012 3:08 PM
Cc: [email protected]
Subject: Notary / Closing Information.

As per our conversation we have organized a notary to arrive at your home this Friday the 7th of December at 6:00pm.

She will arrive with all closing documents and her contact information is the following:

Phyllis Johnson
Mobile Notary / Jacksonville, FL
Phone: 904-894-1339

With regards to your payment schedule I have updated the Client Analysis form to accommodate your requests.

If it is convenient please sign and fax this document back otherwise we will include it in the closing this Friday.

If any questions should arise please feel free to contact me. Thank you for your time.

Sincerely,

Don Martin

Client Services
Office of Carefree Properties Inc
LIC# 3103474

1031 5th Street. | Miami Beach, FL 33139
954-362-9792 |888-211-9518
[email protected] |www.landtrustforum.com


From: [email protected]
Sent: Friday, December 21, 2012 10:44 AM
Subject: Re: Some Final Judgments for your review

Please see the attached Final Judgments, all evidence that the process does work, patience is required, but it does indeed work. I will be available to you even through the holidays if you have any questions, in the meantime, have a Merry Christmas with your family and I will speak with you soon.

Sincerely,

Tony Brown
Assistant to Matthew Krac
LICENSED REALTOR
Office of Carefree Properties Inc
LIC# 3103474
1031 5th Street. | Miami Beach, FL 33139
954-393-1153 | 305-896-0073 mobile
[email protected] | www.landtrustforum.com


From: [email protected]
Sent: Friday, January 11, 2013 11:58 AM
Subject: Land Trust 2nd payment info

The Client Analysis shows the second initial payment installment as being due 1/16/2013. That payment would be sent to the following address:

Whitestone Capital Trust LLC.
5645 Coral Ridge Dr. Suite 102
Coral Springs, FL. 33076

Please contact me with any questions, thank you.

Sincerely,

Tony Brown
Assistant to Matthew Krac
LICENSED REALTOR
Office of Carefree Properties Inc
LIC# 3103474
1031 5th Street. | Miami Beach, FL 33139
954-393-1153 | 305-896-0073 mobile
[email protected] | www.landtrustforum.com

New Documents Show Florida Land Trust, Whitestone Capital Trust, and Private Capital Trust Activities Continue by

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About Steve Rhode

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.
  • spider

    The judge should throw the book at these guys because people
    who steal simple things are being punished severely while these guys getting a
    slap on the wrist. They all should go to jail for life I hope when they are
    being tried I get the chance to be a jury on this case.

    • ed

      In keeping up with past business practices, Larry Diodato, Ed Cherry, Paul Gallenbeck and Nick Torgerson have simply shifted their land trust scam business to Private Capital Trust now that Fidelity Land Trust and Whitestone Capital Trust, their previous entities, got busted. They continue to flaunt their stupidity in the face of the AG by just changing the company they do business under once the AG catches on. Sound familiar ? Diodato and Cherry did this with E-limidebt, The Center for Legal Justice and August Belmont and Co. These guys are about to get what they deserve.

  • spider

    This shows how low some people would go to make a buck they
    would rob their mom with not an ounce of conscience or integrity, there must be
    something this unfortunate guy can do, and can somebody suggest a lawyer or something
    that would help him get some justice?

    • ed

      The Fl AG is all over this case. Not to worry. More depositions to come. More clients being interviewed about what transpired post injunction. More charges coming against them. These guys are so brazen they were calling people after the injunction and telling them “we have a new plan”, which consisted of them deeding their property to another trust they set up. As an aside, I find it amazing that if they filed over 250 deeds @ $3500 a client and charged each client $1000 month, as it stipulates in their agreements, yet Larry Diodato states “we lost hundreds of thousands of dollars” in his deposition. When I do the math, they are making hundreds of thousands of dollars each month ! What I also find interesting is that Ed Cherry, on his bankruptcy deposition, claimed he was making just 10-15K month when Larry was deposed that he paid Cherry 7K week. Can you say bankruptcy fraud ? I bet his creditors, namely Chase, were very interested to read that.

  • spider

    With this entire information one would think that the law in Florida would do something about all these citizen abuse by these crooks

  • ed

    Larry Diodato is listed as President of Florida Land Trust Services LLC when it was formed and he also, on page 142 of his deposition, lies about it NOT being in operation. Take a look at this website http://www.fllandtrust.com/contact.html. Does this look like it is out of business ? This idiot lies so much he cannot remember what he lied about so he perjurs himself in a deposition and CLEARLY violated the court order and AG suit by continuing to do business. My bet they file a criminal contempt order against this moron and his sidekick Ed Cherry.

    • http://GetOutOfDebt.org Steve Rhode

      You also have the start of the depo where he says he’s not involved in the land trust business to the end of the depo where he says they lost hundreds of thousands of dollars in the land trust business and you can’t make any money.

      • ed

        He is a walking, talking contradiction. Nothing that guy says has any truth to it and when he gets busted on it you better run for the hills as it is every man for himself. Everyone gets thrown under the bus. He did the same thing with his criminal conviction in NJ and the pay for hire murder case where he testified against his friend who ended up killing the wrong guy, read the transcripts. He once again proves his stripes here. Big tough guy. Until the shit hits the fan. Then he rolls over.

      • http://GetOutOfDebt.org Steve Rhode

        He did seem to be very vague and uncertain about everything including his business, his lawyers roll, his partners, his wife’s roll and what the companies he formed actually did. Reading the deposition certainly did not fill me with overwhelming confidence.

      • ed

        How do you lose hundreds of thousands of dollars when you put no money into the company, as he testified in his deposition, and have been taking out 7K week (not just him but Cherry too) ? I am confused. He makes it sound as if they are paying for the attorney to file these bullshit cases when it is quite the opposite. The attorneys are kicking back their fees to Larry Diodato and Ed Cherry via Esquire Litigation Support so they can pay for leads, pay commissions and pay themselves . He failed to mention they use the company credit card for all personal expenses which has to get paid too, right ? It is amazing to me how Larry Diodato spends 100% of his time in that office yet testified he has no fucking clue what goes on, who does what, what information goes out, etc. Has Jamie Dimon of Chase, or any other CEO, had his weekly check paid to his wife or state for the record he is oblivious to what goes on in his own business ? How fucking stupid is Larry Diodato to believe the AG is stupid enough to believe him ? This case is not over. Not by a long shot.

      • http://GetOutOfDebt.org Steve Rhode

        The AG questions were entertaining. Some of the answers given were just nonsensical and it read as if the AG was saying “noted” in his head and moving on.

        How about the statement the reason we continued to transfer assets from the company was because we sent out the letters earlier?

        And then of course was the almost naked statement that Robby Birnbaum of Greenspoon Marder sent out misstatements that he had no knowledge of?

        I can’t wait to see Ed Cherry’s deposition.

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