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Fidelity Land Trust Owners a Mystery. Who Are They Really?

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A company in Florida, Fidelity Land Trust has made the news lately (here) and comments on another post really piqued my interest to want to know more.

The Fidelity Land Trust Company, LLC is a relatively new company making some big claims like, “Fidelity Land Trust has a 100% success rate for all of their litigated properties and has hundreds of active suits to this day.” They made that claim on March 2, 2012, after three months in business. – Source

According to public records, The Fidelity Land Trust Company, LLC is registered to do business in Florida and says they are located at 902 Clint Moore Road, Boca Raton, FL 33487. Their registered agent is Robert “Robby” Birnbaum, Esq., 100 West Cypress Creek Road, Suite 700, Fort Lauderdale, FL 33309. The company is relatively new, only have been registered on December 9, 2011. – Source

Again, this really piqued my interest since I know Birnbaum and his firm represent a number of debt relief companies.

For the sake of keeping commenters on track, in this article I simply want to focus on who is really behind The Fidelity Land Trust Company that is selling services to consumers by claiming they can and taking title to peoples homes.

The LLC documents say that the managing member of Fidelity Land Trust is Fidelity Land Trust Partners, also located at 902 Clint Moore Road, Boca Raton, Florida 33487.

But according to state records Fidelity Land Trust Partners is not registered to do business in Florida nor registered to conduct business under a fictitious name.

The State of Florida says even if the company is operating as a sole proprietorship or partnership, companies must register a fictitious name, “Whatever you choose, you need to register your company with the state, county and obtain a bank account for the company. You are required to do these steps even if you have an online business or an at home business.” – Source

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Consumers are signing over their homes to a company that is not transparent about their ownership nor who controls or owns the company and now the consumer’s home. So who are people really signing over their homes to?

The one clue we have is the signature on the Fidelity Land Trust Company LLC documents. They were signed by Edward C. Tudor as member or an authorized representative of the member.

Edward C. Tudor is actually a fictitious name on file with the state of Florida for Edward Cherry who is located at 902 Clint Moore Road, Boca Raton, Florida 33487. His alias is registered to a foreign address in Luxembourg. – Source

The Fidelity Land Trust website isn’t any more transparent about who consumers are giving their homes over to. The site offers up limited information on their company profile page about who controls and owns the organization:

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Fidelity Land Trust is operated by a group of attorneys with over 75 years combined litigation and transactional experience along with high-level insurance and financial associates. – Source

So the company is operated by a group of attorneys, but that does not say anything about ownership.

And on their FAQ page they publish this:

Even the Fidelity Land Trust Company website can’t be transparent about who really owns the company or even transparent about who the attorneys are that operate the company.

For all we know the company is owned by an unregistered illegal criminal syndicate that is stealing peoples homes. I actually doubt that’s the case but you see what I mean here. Without clarity, people have no clue who they are essentially giving their homes to.

In order to solve this mystery, if anyone can shed some facts on Fidelity Land Trust Partners, why they are not registered to do business in Florida as apparently required, and who the entity really is, please post it in the comments below.

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In my opinion this information should be open and transparent if people are going to sign their homes over to an organization they are relying on to keep them in their homes. Consumers should demand to know who specifically owns the organization and who the attorneys are that control the organization in order to do prudent research about the owners and operators before signing away the deed to their home to just anyone.


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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.
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20 thoughts on “Fidelity Land Trust Owners a Mystery. Who Are They Really?”

  1. I think the public would realy want to know also  it they can back up there promises and who  are the real owners of Fidelity Land Trust.  Too many names too many different addresses seen in the papers

    Reply

    • hence the word Trust or Trustee, (Investors) throwing onto a pot of gold and fighting against these Banks in which screw  middle class to lower class citizens, if you want to throw Convicted Felon into the mix Stop using credit cards because the Sourcing company is headed by Felons to protect your transaction. Cherry Might be a Felon and working behind corners though several cases have been won in lieu of and all is needed is to stop taking PrePayment and make it on a contingent basis.

      Reply

  2. you dont need to sign your deed over to Fidelity, you can choose your own trustee and hire them as a consultant   I did 

    Reply

  3. For those interested, John Wright published a post today that mentioned Fidelity land Trust. See http://piggybankblog.com/2012/08/05/what-might-have-some-of-the-real-estate-brokers-done-once-the-housing-market-crashed/

    Reply

    • A plaintiff in the case against Fidelity Land Trust posted on piggybankblog that the Fl. AG is now seeking criminal charges against the Fidelity Land Trust scumbags including Larry Diodato, Ed Cherry, Paul Gallenbeck, etc.. You knew this was coming. Stay tuned.

      Reply

  4. June 19, 2012 — 

    Huge News For Fidelity Land Trust !!!!
     A foreclosure action brought by New York Bank of Mellon as Trustee was dismissed today as a result of a motion to dismiss filed by Attorney Howard Feinmel, Esq. of the Delta Law Firm. The motion to dismiss was founded upon a Final Judgment quieting title to the property, canceling the mortgage and voiding the assignment entered in November 2011. 
    Res Judicata apparently is viable when a Mortgage has been cancelled and assignment voided by Default. This is a tremendous victory for Fidelity Land Trust Attorney.

    Reply

        • I’m happy to address any issue you might have. It seems you may not have visited the site FAQ page that covers these issues in depth. https://getoutofdebt.org/the-getoutofdebt-org-and-steve-rhode-faq/

          Also, if you follow the link to that wordpress.com blog and follow the links from there you will see I’ve previously responded to all that would permit a comment. Unfortunately that wordpress.com blog does not.

          Yet this site does. Your comment was posted.

          Reply

          • Certainly looks like the courts have caught on to this scam and are bitch slapping Fidelity Land Trust with defendants attorney fees for bringing these bogus actions. Meritless, frivoulous claims. Read on….

            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.

          • Looks like Howard Feinmel is going to get a whole lot worse than a bitch slap if he keeps filing these bogus lawsuits. I understand he was already under investigation by the Florida Bar for this crap. Hopefully he gets disbarred. Or worse. Wonder what the next “scam de jour” will be for Larry Diodato and Ed Cherry now that this is imploding.

  7. How can it not be the infamous Ed Cherry.  These idiots aren’t even smart enough to change address’ every time they change company names.  Its the same address as Elimidebt/Larry Diadato/Center for Legal Justice/August Belmont Racetrack.  I started writing that I am surprised Robbie would associate himself with that crew of thieves but it didnt take long to laugh at myself for thinking he has an ounce of integrity.  Robbie would defend a pedophile for the right amount of billable hours.

    Reply

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