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

Tue Oct 31 14:30:38 PDT 2023

Thanks all for the input.  I ensure all these additional excellent points
are provided to counsel.
A copy of the claim of lien is attached as an exhibit B on the last page of
the complaint, which is attached hereto for ease of reference.

On Tue, Oct 31, 2023 at 5:05 PM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

> You will likely also find grounds to rescind the loan documents.  The
> lender needs to be placed on notice of her claims.
>
>
>
>
>
> *Sherry A. Lambson-Eisele*
>
> Partner- Business Litigation Practice Group Leader
>
> Boyd & Jenerette, P.A.
>
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> Maitland, FL 32751
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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 4:53 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] Pro bono assistance - 90 year old client
> -Alachua lien foreclosure - Three Rivers Legal Services
>
>
>
> Florida Statute 825.103 – Exploitation of an Elderly Person may also be
> applicable
>
>
>
> Paul J. Kelly
>
> Paul J. Kelly, P.A.
>
> 2959 First Avenue North
>
> St. Petersburg, Florida 33713
>
>
>
> [image: Board Certified Construction Logo]
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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 with a copy to  *pamela at anastasialaw.net
> <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
> fax:    (904) 239-5505
> email: pamela at anastasialaw.net
>
> https://link.edgepilot.com/s/4f82b26b/SWRnkftnAUSj1pKPkDh8QQ?u=http://www.anastasialaw.net/
>
>
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-- 
Pamela M.M. Holcombe, Esq.
*Anastasia Law, PL*
107 A 11th Street
Saint Augustine, FL 32080
office: (904) 236-6243
fax:    (904) 239-5505
email: pamela at anastasialaw.net
www.anastasialaw.net
-- 

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STRICTLY PROHIBITED.  PLEASE NOTIFY US IMMEDIATELY OF THE ERROR BY RETURN
E-MAIL AND DELETE THE MESSAGE FROM YOUR SYSTEM.  THANK YOU IN ADVANCE FOR
YOUR COOPERATION.*

*There is no attorney-client relationship with Anastasia Law, P.L. unless
there is an express representation agreement between the firm and the
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does not constitute attorney-client communication nor does the firm's
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