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Details on Florida Bar Complaint Against Howard Feinmel

By on September 26, 2014

The Florida Bar has sent me a copy of the complaint they recently filed against Florida attorney Howard Feinmel. I reported yesterday about the case.

But today there are more facts available after reading the filed complaint.

Right off the bat I found it intriguing the Florida Bar makes the statement, “Respondent has represented various persons and entities, including but not limited to, Edward Cherry, Eastwinds Partnership, and Fidelity Land Trust Company, LLC.” It is almost as if they are identifying those people and entities as the most problematic.

However, just to be technical, Ed Cherry did change his name to Edward Steadman.

The primary issues the Bar addresses appear to center around Feinmel’s activities in the mortgage elimination business put forward by associates. The complaint says, “The various persons and entities represented by respondent would acquire title to various real properties that were subject to mortgage liens.

Respondent, with full knowledge of the existence of a recorded mortgage lien that was not satisfied, would file actions to quiet title, thereby seeking to extinguish the mortgage recorded against the related real property.

Pursuant to the representation, respondent filed numerous civil actions that were determined to be without merit, frivolous and in bad faith. These claims included, but were not limited to, actions for: Declaratory Judgment under Florida Statutes §48.23(1)(d); Declaratory Judgment under Florida Statute §695.01; Declaratory Judgment under Florida Statute §701.02; and to quiet title.

On or about October 20, 2011, respondent filed an action to quiet title in Eastwinds Partnership v. MERS, et. al, Case No. 502011CA016163XXXXMB, In the Circuit Court For Palm Beach County, Florida.”

The Bar says Feinmel was questioned about his activities by Judge Barkdull. “On or about December 22, 2011, Judge Barkdull held a hearing in the case wherein he questioned respondent as to what his legal basis and theory was for bringing the action. Judge Barkdull granted respondent’s request to allow ten days for the response to permit him time to review the file and ordered respondent to prepare a written explanation of his theory of the case.

READ  Update on Case Filed by Florida Against Fidelity Land Trust, Ed Cherry, Larry Diodato and Others

Respondent filed a Memorandum of Law in response to Judge Barkdull’s mandate. Essentially, respondent’s theory is that the failure to record an assignment of mortgage renders that mortgage extinguishable against a subsequent purchaser of the real property.

On or about January 5, 2012, Judge Barkdull conducted another hearing in the matter after reviewing respondent’s Memorandum of Law. At the hearing Judge Barkdull provided respondent with the case law, J.P. Morgan Chase v. New Millenial, LC, 6 So. 3d 681(Fla. 2d DCA 2009), that demonstrated respondent’s theory for bringing the action was without merit.”

The Judge is said to have told Feinmel to be careful, “Respondent was thereby placed on notice that his legal theories for quiet title and declaratory actions on behalf of a purchaser of the real property were frivolous and without merit.”

But, “Despite having such actual knowledge, respondent continued to file similar frivolous and meritless actions based on similar legal theory.”

In the case The Fidelity Land Trust Company LLC v. Mortgage Electronic Registration Systems, Inc. (MERS), et al., Case No. 12-cv-01367, in the United States District Court, Middle District of Florida, the Court found, “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.”

READ  Bank of America Sues Fidelity Land Trust With Foreclosure Action

And this wasn’t the only rebuke by the Court, the complaint lists more examples. You can read the Florida Bar complaint, here.

I’ve had interactions with Howard Feinmel over the phone. I found him to be articulate, intelligent, and generally a nice guy. So what perplexes me is why, in the face of staunch feedback from the court, would he continue to pursue this? It seems all that has come from those efforts is a record of action by the Bar and the facing of some disciplinary action which will follow him around for the rest of his career.

I wonder if he feels it was all worth it now?


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About 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.

3 Comments

  1. Michael

    October 1, 2014 at 5:08 pm

    What surprises me is that this surprises you.

    How? All of these criminals (Ed Cherry, Jon Sabian, Hess/Kennedy, Lee Stein, Paul Gallenbeck, Howard Feinmel, Delta Law, Cloud Legal, Tracy Long, Candace Abreu and the 40+ others that are directly associated within this Criminal Organizations Circle of Trust.

    All of these guys are sweet as honey in person. They are your typical Boiler Room types. What is really scary is that these characters actually believe their lies. They have all lied so much and robbed so much that they actually believe what they are saying. They believe that they are the victims and they believe this all while embezzling their clients money, cheating their own investors, cheating their own employee’s, and on, and on, and on…

    These guys will rob you and then call you the next day and tell you how they have a “different” product that they are making millions on and if you want to reinvest they can really make you rich with this new mastermind idea. Then when you ask them to explain how their concepts work they talk in circles and nonsense and they use big words the wrong way & its clear they don’t know. Then they’ll call in a drunk attorney like Feinmel to explain everything in the same circle talk nonsense with no proof or standing.
    BTW, Feinmel is literally a DRUNK. 24 hrs a day, 7 days a week this guy drinks. He’s has less power than the criminal secretaries. They pay him peanuts out of what the empire is making. It’s a sad sight to see.

    But, it will just go on and on and on and on and they’ll keep making their millions because nobody actually does anything to them other than put out bad press releases. That’s why Mizner Grande still operates that is why The Steadman Group is up and running and that’s why they can rob people with their FAKE steal your money in exchange for nothing STUDENT DEBT REDUCTION business…

  2. ed

    September 26, 2014 at 1:32 pm

    Why is this surprising to anyone ? It is common knowledge the Feinmel, much like Paul Rogers Kennedy, was simply a puppet whose strings were pulled by Ed Cherry and Larry Diodato. Feinmel has been a part of all of their scams including August Belmont and Co, The Center for Legal Justice, Fidelity land Trust and now Mizner Grande Law. At least Kennedy fell on the sword in the hopes of absolving himself one day of the misdeeds perpetuated by those scams. These guys are criminals. Period.
    Read more on Kennedy here :
    http://www.flsd.uscourts.gov/wp-content/uploads/adminOrders/2013/2013-83.pdf

    • Successful Mortgage Scammer

      December 9, 2014 at 10:08 pm

      NICK TORGERSON IS BETTER THAN YOU

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