[CLC-Discussion] Pro bono assistance - 90 year old client -Alachua lien foreclosure - Three Rivers Legal Services

[RPPTL CLC-Discussion]

The meeting was July 11th, not 12th. Sorry for the typo.

Sent from my iPhone

On Nov 1, 2023, at 10:25 PM, Kerey Carpenter <kcarpenter at ahg-group.com> wrote:


<https://tallahasseereports.com/2023/07/12/leon-county-commission-meeting-briefs-july-11-2023/>
[LEONCOUNTY.jpg]
Leon County Commission Meeting Briefs: July 11, 2023<https://tallahasseereports.com/2023/07/12/leon-county-commission-meeting-briefs-july-11-2023/>
tallahasseereports.com<https://tallahasseereports.com/2023/07/12/leon-county-commission-meeting-briefs-july-11-2023/>
This article is where I first learned of the predatory activities of these roofing and solar contractors in Tallahassee. The Leon County attorney made a presentation to the County Commission on July 12th about this. There is a very brief mention of it in this article. If you do a Google search of Florida Pace Funding Agency, you will discover problems in counties throughout Florida. This might be related to the company involved with this client.

Sent from my iPhone

On Oct 31, 2023, at 3:51 PM, Kerey Carpenter <kcarpenter at ahg-group.com> wrote:

 We’ve had companies doing this kind of thing in Tallahassee. Our City Commission has brought it up at a recent meeting. They were overpricing and financing and causing people to lose their homes. I’m going to try to find some information about this that might be helpful.

Sent from my iPhone

On Oct 31, 2023, at 3:41 PM, RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org> wrote:


I can try to help.
Bob

Robert P. Butts, Esq.
Board Certified as a Specialist in Construction Law
WARNER, SECHREST & BUTTS, P.A.
5200 S.W. 91st Terrace, Suite 101
Gainesville, FL  32608
Telephone:  (352) 373-5922
Facsimile:  (352) 373-5921
Electronic mail:  rbutts at fbswlaw.com<mailto:rbutts at fbswlaw.com>; bob at floridaconstructionlaw.net<mailto:bob at floridaconstructionlaw.net>

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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Tuesday, October 31, 2023 12:03 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Pro bono assistance - 90 year old client -Alachua lien foreclosure - Three Rivers Legal Services

Three Rivers Legal Services is looking for a pro bono construction attorney volunteer to assist with the defense of a lien foreclosure action for a 90 year old woman (Ernestine Stokes) who co-owns her home with her daughter in Alachua County.   The solar installation company (Solar Installation, Inc/Christopher Green) is attempting to enforce a lien in excess of 70K for a 1000 square foot home.  The work is not complete and appears to have been performed without a permit and was solicited in a door to door sale.  For conflict purposes, the roofing company on the permit is 360 Degreez Consulting, LLC/Ulysees Rushing.

Three Rivers is currently representing the client, so this volunteer role could either be mentoring the staff attorney, appearing as co-counsel, or taking over the case.  Three Rivers narrative follows and a copy of the complaint is attached hereto.

Please contact Samantha Howell, the Pro Bono Director of Three Rivers Legal Services at
samantha.howell at trls.org<mailto:samantha.howell at trls.org> with a copy to  pamela at anastasialaw.net<mailto:pamela at anastasialaw.net> for the CLC Pro Bono Initiative or contact me directly with any questions regarding the Pro Bono Initiative.

"The client and her daughter hired a roofing company to replace their roof. While the company was waiting for supplies to arrive, a solar panel company came to the home and asked the client's daughter to sign a Notice of Commencement. The daughter did so, thinking that the person was with the roofing company. The solar company replaced the roof and left unconnected solar panels on the roof. The next day, the roofing company called the client advising that the supplies had arrived. The client was confused, as she thought the roofing company was who had been working on the roof. The roofing company had already received a check from the insurance company for the work and had pulled permits.  The roof permit estimated the cost of work at appx $7500. The solar panel company is now suing the client for over $70k.

The issues that we see include: client did not sign the Notice of Commencement; the Complaint for Construction Lien/Foreclosure does not include a contract between either named party and the solar panel company; the roofing company did not return the insurance money. The client asked the court for an extension to file an answer on 7/31/23 (Judge Moseley), but there has not been an order issued yet. The Plaintiffs filed a Motion for [Clerk's] Default on 8/18/23. [Three Rivers filed an answer before a clerk's default was entered].

Pam Holcombe
Chair, CLC Pro Bono Initiative
--
Pamela M.M. Holcombe, Esq.
Anastasia Law, PL
107 A 11th Street
Saint Augustine, FL 32080
office: (904) 236-6243<tel:%28904%29%20236-6243>
fax:    (904) 239-5505<tel:%28904%29%20239-5505>
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