10 class action lawsuit against Bella Collina (Part 10 of 15)

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STEPHEN AND ELIZABETH FRIEZE

349. On January 28, 2005, the Friezes, then citizens and residents of England, purchased lot number 391 from R. L. Vogel Homes, Inc., a designated builder of Bella Collina and constructed a luxury home for approximately $5,100,000., using their life savings from the sale of their family business and a loan in the amount of$3,600,000 from Fifth Third Bank.
350. The Friezes also invested approximately $1,000,000 in furnishings for their home.
351. On June 29, 2012, Burman, fraudulently asserting that he was agent for the POA but acting as agent for the conspirators, filed a lien on behalf of the POA against the Friezes’ home for $11,849.02 in unpaid assessments at Book Number 4181, Page 487ofthe Otlicial Records of Lake County, Florida.
352. On February 25, 2013, the Conspirators, acting as the POA, filed suit against the Friezes in the Circuit Court of the Fifth Judicial Circuit for Lake County Florida at case number 2013-CA- 000680, alleging that the Friezes owed $14,163.68 in annual assessments and $78,407.64 in special assessments for payment of the illegal mandatory club membership.
353. The conspirators used the POA and the lawsuit to acquire personal information about the Friezes which was used to further the purposes of the conspiracy and provided to Arrighi.
354. On August 24, 2014, the Friezes attended a status conforence at the Lake County Court House concerning the Bella Collina suit.
355. James Ryan, acting for the conspirators, appeared for the POA, and while waiting in the corridor prior to the conference, excoriated and threatened the Friezes, in a very loud voice that many would consider shouting.
356. From 80 feet away, they heard Mr. Ryan tell embarrassed strangers that he sued hundreds of Bella Collina Property owners who were rich enough to acquire property in the Development, and every one of these lawsuits has resulted in these rich Bella Collina Property owners losing their property and their wealth, including “I cannot wait to get their money,” and ”Now all these rich people have nothing, I’ve taken it all away,” with the malicious intent to intimidate the Friezes and perhaps other Bella Collina lot owners.
357. Waiving his arms wildly, Mr. Ryan announced that “there is a couple here today that are going to fight it, and then boasted: ..I’m going to take all their money too, just as I have, with all the others I have sued. I can’t. wait.”
358. Ryan then walked over to the Friezes and arrogantly introduced himself returning to his previous position in the corridor to make the same points regarding the taking of money and property from various Bella Collina property owners.
359. Ryan’s rant continued on for at least 20 minutes, embarrassing others present who hung their heads and tried to distance themselves from this spectacle
360. A short while after the status conforence, Arrighi, using information in the possession of the POA, contacted the Friezes and appeared at their home, falsely representing himself as an attorney for DCS and the POA, and stating: “”I can make everything go away.”
361. Arrighi contacted Fifth Third Bank to get details about the status of the Friezes loan and began negotiating for a discount of the balance owed in the event of a short sale.
362. Arrighi represented that he controlled Burman, could make the POA settle its lawsuit and could solve any problems at the Reunion development, where the Friezes also owned property and where Burman was also the community association manger.
363. On information and belief, Arrighi submitted false preliminary HUDs and other documentation to secure the agreement of the bank, which decreased the bank’s payment by large assessments, fees, and commissions, which were never paid to the POA or others.
364. On June 2, 2015, the Friezes sold their home for $1,640, 000 conditioned on the payment of the payment Club Dues allegedly owed to The Cub of Bella Collina for $51,351.65 and POA assessments of$21,446.35 as indicated on the HUD statement prepared by the closing agent.
365. Burman executed a “Release of Lien” on August 6, 2015 in which he identified himself as the “Agent” of the POA and the consideration for the consideration for the release of the unpaid assessments as $0 at Book Number 4671, Page Number 690 of the Official Records of Lake County, Florida, indicating that the POA had not received any of the payment listed on the June 2, 2015 HUD.
366. The pressure from the Conspirators caused the Friezes to reject a $2,700,000 offer for the house which was accompanied by a $250,000 offer to purchase the furniture.
367. The conspirators ordered the guards at the entry gate of the POA to deny the Friezes access to their home.
368. Arrighi appeared unannounced at the Frieze residence with other members of the conspiracy to celebrate their victory over the Friezes.
369. Schar resides in this home when he visits Bella Collina and DCS uses it in violation of the CC&Rs as part of the Club’s wedding packages and for other commercial purposes.

ARRIGHI AND 15008 PENDIO

370. On June 28, Margaret A. Rogers and Russell Rogers (hereinafter “the Rogers”) purchased a lot at 15008 Pendio Drive in Bella Collina effectuated by a deed recorded in the official records of Lake County, Florida at Book Number 2872, Page 1741.
371. In 2008, the Rogers built an 8755 square foot mansion complete with an elaborate pool and spa on the “Street of Dreams” in Bella Collina, using funds from a large mortgage provided from a financial institution.
372. In 2009, the Lake County Tax Collector Assessed the value of the home at $2,758,208.
373. On February 12, 2013, Ryan, on behalf o f the Conspirator controlled POA, sued the Rogers in Lake County Circuit Court at Case Number 2013-CA-000516 for $42,396.97 in annual assessments set forth in Exhibit A of the complaint and for $65,364.44 in special assessments for the Golf Club membership mandate set forth in Exhibit B of the Complaint, and used various other methods of coercion to force the Rogers to surrender their home.
374. The Rogers relented and Arrighi fraudulently damaged the home in an attempt to make a fraudulent insurance claim and to get it condemned as a means to coerce the mortgagee into discounting its loan.
375. On June 24, 2013, the Rogers conveyed the home by deed recorded at Book 4375, Page 1480 in the official records of Lake County, Florida for $125,000.
376. After the conveyance to Arrighi, Ryan ceased significant activity in the Rogers lawsuit and dismissed the suit with prejudice on May 16, 2014.
377. The POA never received any of the proceeds of the Arrighi sale to pay for the delinquent assessments.
378. On November 19, 2013 aegis sent Arrighi a “DELINQUENCY NOTICE” in the amount of $47,568.45.
379. On September 3, 2014, Greene, without any authorization, instructed co-conspirator Burman to “write off the balance” by email.
380. Thus the POA suffered damages of$47,568.45 in assessments due on this lot and Arrighi was enriched by the receipt of an unencumbered lot.
381. In response, on September 4, 2014, Burman instructed Aegis employee Karla Key by email to “write of the balance on Arrighi’s home up to the date he took title and send new coupons. 382. Arrighi owes the Commonwealth of Massachusetts more than $400,000 in restitution for his previously describe theft, but claims that he is destitute.
382. The distress sale of this home creates a comparable that dramatically decreases the values of other homes in Bella Collina, serving the conspirators’ goal of suppressing home and lot values.

JORDAN AND MYRA RUPERT

384. In September, 2011 William Boylan (hereinafter “Boylan) of Alfreso Acquisitions, LLC (hereinafter “Alfresco”) acting as an agent for Jordan Rupert and Myra Rupert (hereinafter the “Ruperts”) purchased a home on lot 383 for the Ruperts, exclusively using the Rupert’s fonds.
385. Boylan fraudulently deeded the home to Alfresco and personally occupied it.
386. On August 21, 2012, the Ruperts filed suit in the Fifth Judicial Circuit Court for Lake County Florida at Case Number 2012-CA-002916 against Boylan to reacquire possession of their home.
387. On November 5, 2013, the Florida Circuit Court ruled that the Ruperts ••established their equitable interest” in the home and appointed a receiver as part of the process of returning the home to the Ruperts.
388. The conspirators, especially DCS, Greene and Ryan, were aware of this fraud and ofthe Circuits Court’s Order and intended it as part of their conspiracy to acquire homes for little or no investment through force, intimidation and fraudulent legal proceedings.
389. In 2013, DCS on behalf of the POA filed suit against Alfresco for allegedly delinquent club and POA dues owed for multiple properties that Alfresco had purchased (including the Ruperts’ house).
390. Greene in a deposition dated June 12, 2013 (with Jim Ryan present) acknowledged that the Ruperts were illegally deprived of their house as part of a “ponzi scheme.”
391. On April 28, 2014, although DCS and Greene were fully aware of the Rupert lawsuit, the Circuit Court Order, and the Boylan fraud, Ryan, acting as closing agent for the conspirators and with the intent to frustrate the Ruperts’ reacquisition of their home, illegally filed a false deed from Alfresco to DCS “as partial satisfaction of judgement,” without the knowledge or consent of the court appointed receiver, the only entity with legal authority to transfer title.
392. On May 30, 2014, Ryan acting as closing agent, transferred the property from DCS to Randall F. Greene and Christina M. Greene, who took immediate possession of the Rupert’s home, by filing another false deed, again with the intent to harm the Ruperts, benefit the Conspirators, and frustrate the Court Order.
393. Ryan, with knowledge of the illegality of the transaction, inserted “without benefit of title search” in both deeds, and to the benefit ofGreene and the detriment of the POA but without authorization, satisfied all liens.
394. Ryan filed false deeds and lien satisfactions, with the intent to further the Conspiracy.
395. The Ruperts, after obtaining a final summary judgement against Alfresco to get possession of the house, were required to amend their suit to take possession from Randall F. Greene starting the process all over again.
396. Finally, on May 1, 2016 (four years and 2 fraudulent transfers later) the Ruperts obtained possession of their house only to then be sued by DCS for outstanding HOA and the illegal club dues, since Greene had not been paying those while he had title to the house.
397. The DCS controlled POA reported the Ruperts as owing $11,144.48 even though they only had legal possession of the house for 3 months.
398. Although the fraudulently stated the intent of the transfer was to satisfy a judgement to the benefit of HOA and the Club, only Greene and Ryan benefitted, Greene by occupying a house for free for 2 years and Ryan by receiving legal fees paid by the HOA to defend Greene for the fraudulent transfer.

NICK FALDO PROPERTY

399. Nicholas A. Faldo (hereinafter “Faldo”) is a lot owner and manager of Nick Faldo Real Estate Holdings, LLC with headquarters a 1000 Legion Place, Suite 1200, Orlando, Florida 32801 who resides in Orlando, Florida.
400. Faldo and the Conspirators engaged in a sham real estate transaction, described more particularly herein, for the purpose of manipulating lot prices and creating false comparables to deceive lot buyers and financial institutions.
401. On April 12, 2005, Nicholas C. Faldo and Valerie Faldo, LLC (‘”Faldo”) acquired Lot 124 of Bella Collina for $1,250,900 by deed recorded in the official records of Lake County Florida at Book 2875, Page 585.
402. On September 23, 2004, J Richard Watson Construction Company, Inc. (“Watson”) acquired lot 380 of Bella Collina for $574,900 by deed recorded in the official records of Lake County, Florida at Book 2671, Page 223.
403. On May 1, 2014, after employing the coercive means of the Conspirators as described herein, DCS acquired lot 380 from Watson for a stated value of $50,000 by deed recorded in the official records of Lake County at Book 4494, Page 310.
404. On October 10, 2016, DCS conveyed lot 380 to Faldo for a stated value of$599,000 by deed recorded in the official records of Lake County, Florida at Book 4853, Page 1976.
405. Lot 380 has a current appraised value of$115,000 for real estate tax purposes.
406. Also on October 5, 2016, Faldo conveyed lot 124 to DCS for the identical amount of $599,000 by deed recorded in the official records of Lake County, Florida at Book 4853, Page 614.
407. Lot 124 has an assessed value of $126,500 for real estate tax purposes.
408. These DCS-Faldo deed conveyances were sham transactions to create false comparables to deceive banks and future purchasers about the true fair market value of the subject lots and the other lots that DCS owned to further the previously stated purposes of the Conspiracy.

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