The Nonagenarian
and the “Property Buyers”


By HEINZ DINTER, PhD

For the mind that thinks:
Issues of Value, Ethics,
 Human Needs
and Deeds



 

Don’t be mistaken. We are not presenting here a fable intent on challenging Aesop’s fame. Here we present the truth and nothing but the truth. Hopefully, it will also serve as a warning.

How "We Buy Property" works:

n The property owner receives a contract for sale and purchase in the mail with a cover letter advising where to sign and to return the signed contract.
n The "seller" does not sign. (Without the "seller's" signature, the transfer of title cannot take place.)
n The "buyer" now takes the bull by the horn and files a lawsuit for "specific performance of a contract" and files a lis pendens, making it most difficult for the property owner to enjoy the rights of ownership, including selling to someone else.
n Since the "buyer" is not an agent for someone else, the laws of the State of Florida overseeing the sale and purchase of real estate do not apply and the "buyers" are outside the reach of the Florida Real Estate Commission.
n Touché.

Paradise Properties of America, Inc., a Florida corporation, on December 14, 2004 filed a lawsuit in the Circuit Court, 18th Judicial Circuit, Brevard County, Florida, Case No. 05-2004-CA-074726 against a widow nonagenarian stating “This is an action for specific performance of a contract,” alleging in the complaint the plaintiff and defendant on December 2, 2003 [sic; see below where we make reference to the lawsuit against Mary D. Pappas] “entered into a written Contract for Plaintiff to purchase from said person certain real properties located in Brevard County, Florida.” The complaint also states, “Plaintiff tendered the purchase price to Defendant.” The plaintiff demands conveyance of the property to the plaintiff and has filed a lis pendens.

There is no evidence the plaintiff “tendered the purchase price to Defendant” or placed the purchase price in escrow with an escrow agent.

What does the lawsuit's supporting evidence reveal?

 Exhibit “A” of the complaint — the Vacant Land Contract — shows the following:

  1. The purchase price is $10,000 cash.

  2. The closing date is to be on or before 90 days from the effective date.

  3. The buyer signed on February 23, 2004.

  4. The deadline for acceptance of the offer is clearly stated: March 2, 2004.

  5. The seller’s name is printed in the space “Print name:” and the date printed is May 8, 2004. Neither the name nor the date were placed by the 90-year-old seller. The space calling for the seller’s signature is blank.

An ironic twist should give reason for wonder: Paradise Properties is not licensed by the State of Florida to engage in the buying and selling of real estate for others and is not a member of the Florida Association of Realtors®. However, though this company and those working for them may not call themselves Realtor®, the "Vacant Land Contract" form they use is that of the Florida Association of Realtors. The form they use even displays the "Realtor" and "Equal Housing Opportunity" logo. Is it an act of deliberate deception?

Will sneaking in a closing date work?

On July 8, 2004, B-D-R Title Corporation of Melbourne, Florida, in a letter addressed to the nonagenarian advises “we have completed title work on the property you are selling” and also forward County Tax Proration Statement; 1099-S Certificate Exemption Form; Compliance Agreement; Addendum to Contract for Sale and Purchase dated August 10, 2004, stating the closing date “shall occur on or before September 8, 2004;” General Warranty Deed dated July 15, 2004; Settlement Statement showing the purchase price as $10,000; Owner’s Affidavit of No Liens; and Non-Foreign Certification by Transferor. The nonagenarian did not authorize B-D-R Title to do this work.

On August 10, 2004, Geri Sue Blackford, Contract Manager, Paradise Properties of America, Inc., signs an “Addendum to Contract for Sale and Purchase” stating, “Due to circumstances beyond both the seller and the buyers [sic] control the closing date for the sale and purchase is modified. The new date set for the closing shall occur on or before September 8, 2004.” The nonagenarian did not sign this addendum.

Will another "carrot" work?

On November 3, 2004, Rafael E. Gonzalez, Contract Manager, Paradise Properties of America, Inc., submits a new contract to the nonagenarian which contract shows a purchase price of $18,000. The nonagenarian did not sign this contract.

Who are the people that dazzle you with "Paradise" and "America?"

Here are facts regarding the plaintiff, Paradise Properties of America, Inc., who are in business of "flipping" properties (buy low and quickly turn around to sell high):

  1. Paradise Properties of America, Inc. is a Florida for-profit corporation and was incorporated on January 31, 2003.

  2. The latest Annual Report was filed with the Florida Secretary of State, Division of Corporations, on January 10, 2005.

  3. The principal and mailing address is 100 Rialto Place, Suite 875, Melbourne, FL 32901.Telephone numbers: 866-624-9299; 866-624-9298 (Fax).

  4. Email address: vacantland@paradiseamerica.com.

  5. Website: www.paradiseamerica.com (Slogan displayed: We Buy Property).

  6. Registered agent: Robert N. Blackford, 100 Rialto Place, Suite 875, Melbourne, FL 32901.

  7. Director: Robert N. Blackford, 1510 Napanee Street NW, Palm Bay, FL 32907.

  8. Director: Kenneth D. Casillas, 42 Hepburn Place, Merritt Island, FL 32953.

  9. Officer: Geraldine S. Blackford, 1931 Alma Drive, West Melbourne, FL 32901.

Doesn't what you read so far cry for further study?

On January 6, 2005, this writer addressed a letter to Robert Blackford requesting verification of information regarding his company’s relationship with and action against the nonagenarian. There was no reply.

On January 27, 2005, this writer succeeded in reaching Mr. Blackford at his cellphone, 321-591-8969 identifying “Troy Tube Manuf” as the telephone number’s account holder. There is no such company registered with the Florida Secretary of State, Division of Corporations.

In the telephone conversation, Mr. Blackford stated the following:

  1. He will forward a “rebuttal to your letter” in “not more than one week.” (He’s referring to the January 6, 2005 letter.)

  2. They will “push forward with the purchase.”

  3. He places the delay in closing squarely on the nonagenarian claiming she called and “needs more time to talk to her financial advisor.” (The records of the telephone company will easily confirm or deny such claim.)

  4. Why another contract dated November 3, 2004 with an offer of $18,000? He explained there are “several people in the office” and since “she was not on the due to call list,” this second offer to purchase was submitted. In other words, they prepared this second offer without realizing there was already a purchase contract in the works. That brings to the forefront the following question: What is the market value of this vacant land?

  5. Does Mr. Blackford realize the owner of the property in question is in her nineties and the question of legal competence should be taken into consideration? He stated that she “sounded very competent” and “my mother is in her eighties and she is very fit.” He suggested we produce a letter from her doctor to back up a claim of incompetence. [Did Mr. Blackford ever talk to this nonagenarian?]

  6. He will talk to his lawyers re the letter of January 6.

  7. This writer asked what the land is to be used for. He answered it will be used to build a single-family home or it is to be sold.

  8. Upon asking for more details, he wished this writer a “nice day” and hung-up.

On January 31, 2005, this writer followed up to his letter of January 6, 2005 and the telephone conversation of January 27, 2005, requesting review of the information presented and, if any statements are contrary to the truth, identify such specific statements and bring them to this writer’s attention forthwith; otherwise, all statements are considered to be confirmed by Mr. Blackford as being true and correct. To date there has been no response.

What else should you know?

This leaves one question: Who else has had or has now dealings with Paradise Properties of America, Inc., Robert Blackford, Kenneth D. Casillas, and Geraldine S. Blackford? What about you?

Fledgling Paradise Properties of America, Inc. celebrated its second birthday this past January 31 and, as the public records of Brevard County reveal has already taken quite a number of people to court — eight (8) legal actions to be exact within a time period of less than thirteen (13) months. That's less than two actions per month going after victims and burdening even more the already severely clogged court.

Let us learn a few details about one lawsuit filed on February 27, 2004 against Mary D. Pappas in which Defendant Pappas is accused of not honoring her obligation spelled out in a contract to sell land to the Plaintiff for $32,090, a contract that was entered into on December 2, 2003. Conveniently (?), this lawsuit's exhibit does not contain the contract's signature page. Did the "seller" sign? Is the nonagenarian in our story the victim of boilerplate lawyering and assembly line lawsuit attacks/harassment driven by the theory as long as you keep slinging mud, sooner or later some will stick? The lawsuit for specific performance against Mary D. Pappas was "Dismissed Before Hearing" on May 14, 2004 — less than three months later.

Actually, one more question comes to mind: Are we here introduced to an issue or issues that also fall into the domain of the District Attorney who deals with criminal matters?

How much is the property worth?

In consultation with realtors in the area, $40,000 is a reasonable asking price and, with Palm Bay experiencing healthy growth, land owners should be rewarded handsomely. That gives credence to the saying “wisdom comes with age.” This nonagenarian didn’t fall for the $10,000 bluff — not even the $18,000 “carrot.”

Please visit www.GrandLifestyle.blogspot.com and share your thoughts — it's the forum where those who think deal with the issues of value, ethics, human needs and deeds.

 

Here's a postscript: The letter below was received from Mr. Robert Blackford, president of Paradise Properties of America, Inc. via facsimile in the late afternoon of February 7, 2005 (Sender's name and telephone number: Paradise Prefer; 321-541-1112. Date and time of receipt: February 7, 2005; 4:31 pm).

The highlighting of text in the letter was provided by the author of the article

The name of the nonagenarian has been rendered anonymous to protect her privacy. Let us call her "Ms. Owner". However, this writer will cooperate with those who have a right to know.

 

 

February 6, 2005 

Via facsimile: 305-859-9011

Heinz Dinter, PhD
Editor & Publisher
Grand Lifestyle Publisher
P.O. Box 558250
Miami, FL 33255-8250

Re:       Your letter dated January 6, 2005; Email dated January 31, 2005

Dear Dr. Dinter:

 In response to your letter, we provide the following responses:

(1) The information regarding the filing of the lawsuit and lis pendens is correct. The information regarding the contract and that we are seeking specific performance is also correct. (The date of the contract has been corrected in the Complaint)

(2) We were not aware of Ms. Owner’s age, other than she was a senior. In researching the information regarding what Ms. Owner paid for the subject property, the property appraiser’s web page reflects that she paid $5,200.00 for it in February, 1986. For your information, we do not generally consider what someone pays for property when we make an offer. Our business generally involves buying lots and immediately selling them to builders for new home construction. Our offering price is generally within a range based upon market conditions at the time of the offer.

(3) The purchase price was tendered at the time the closing documents you refer to in your letter were sent to Ms. Owner. It was in the escrow account of the title company. If Ms. Owner would have executed and returned the closing documents, the money would have been sent to her. The work done by B-D-R was done at our direction as the contract provided for us to take care of all matters regarding the title transfer. (See Par. 18) The closing documents were all forwarded to Ms .Owner within the time provided for closing in the contract.

(4) The letter forwarded to Ms. Owner in November, 2004, was done in error as that sales representative for our company apparently did not know of the prior contract, and Ms. Owner apparently did not advise her of it. The offer was $18,000.00 because that was within the market range at the time of that letter. If you are not aware of the market conditions in this area, the resale market for Palm Bay lots bas been somewhat volatile for the past 1½ to 2 years.

(5) The only additional information that I would provide you is that Ms. Owner did sign a contract in May 2004. It is our position that it is a binding contract. Our records reflect that Ms. Owner had the contract in her possession for approximately 2½ months before she signed it. She advised our sales rep during this period that she had other offers and that she wanted to discuss the contract with a friend of hers. We assumed that only after she considered this information did she sign the contract and return it to us.

In response to your email, we provide the following responses:

(1) Paradise Properties does wish to purchase Ms. Owner’s property. As noted above, Paradise Properties is in the business of buying lots for re-sale to builders. This is what is planned for Ms. Owner’s property.

(2) As noted above, we are not aware of Ms. Owner’s age. You have told me that she is over 90 years old.

(3) Ms. Owner signed the contract as seller.

(4) Ms. Blackford is my mother. Geraldine S. and Geri Sue Blackford are the same person.

It would be appreciated if you could tell us what your relationship is to Ms. Owner and if our information answers your questions. If you are Ms. Owner’s intermediary, please let us know. Based upon our conversation, we are willing to consider offering Ms. Owner more money in an attempt to settle this action if she will agree to sell the property to us. We filed the lawsuit because of the lack of response from Ms. Owner. Because of the length of time since the initial contract, the value of the lot has increased. If Ms. Owner will consider negotiating a settlement, please let us know that fact and whether we should communicate through you or contact Ms. Owner directly.

Thank you for your assistance.

Sincerely,
(Signed)
Robert Blackford
President

The following are worth noting:

  • Mr. Blackford confirms knowing the prospective seller was a person of advanced age.

  • Mr. Blackford confirms his company is engaging in "flipping" what they buy.

  • Mr. Blackford continues to allege the nonagenarian signed the contract. But where, Mr. Blackford, is the signature? Then follows the question: Are we dealing with a forgery? More: Who done the dirty deed that's subject to the severe penalties meted our for such criminal activity?

  • Since when, Mr. Blackford, does non-acceptance of an offer by the offeree who simply ignores the offer create a valid, enforceable contract?

  • Should we wonder how many such "actions for specific performance" have landed before The Honorable T. Mitchell Barlow and other judges in the Circuit Court of Brevard County, Florida?

  • Florida, the Sunshine State, invites thousands every day with its magnetism of the charming, peace-of-mind inducing climate that enthralls so many — especially the elderly, most of them seeking a retirement heaven. Must we let them suffer the sneak attacks of predators? Hopefully you will understand this warning: Flippers are humans. Animals devour others for self-preservation only!

  • Would it not be prudent — actually most urgent — for competent and compassionate attorneys to step into the ring and represent the victims of unlawful acts driven by greed and disrespect for our laws?

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We must expose those who prey on the weak, especially our nonagenarians

 

Can you imagine anyone who pursues the entrepreneurial dream seeks professional and material success by taking advantage of the age-driven inability of those who could easily be called great-grandma and great-grandpa?

The so-called entrepreneurs’ website bluntly proclaims, “We Buy Property,” but does not tell the world how and why — and most importantly — who they are.

I will share with you in this forum how they do it, why, and who they are. It is my duty doing so because no one besides the widow — who has enjoyed a peaceful life for more than 90 years — and who became their victim, should experience what this nonagenarian has to struggle with being hit by a lawsuit intent on taking away her property.

I am advising those who blatantly attempt to wrest from this frail lady her valuable property to come forward and explain their action. So far, they have ignored my three attempts (two written and one in a telephone call) seeking their cooperation and justifying their efforts to remove the senior citizen’s name from the title to her property and substitute the name of their clandestine business.

Is this nonagenarian lady alone or are there others who handed title to their property over to a company that snows you with the words “Paradise” and “America” in their name. [A message to their website’s webmaster: You forgot to insert the American flag and wave it proudly to demonstrate … (Shucks, is my patriotism running amok?)]

What are they hiding? In an abundance of caution, I think it is the truth they fear. That — the truth — will be shared with you and THEY have this opportunity here and now to join in bringing you the truth.

What are your thoughts? What is your experience? Please let us know. You can even do so anonymously by visiting the
Grand Lifestyle Blog
where those who think
 express their thoughts..

"Flippers" are humans. Animals devour others for self-preservation only!