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Updated over 5 years ago on . Most recent reply

User Stats

9,365
Posts
6,551
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John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
6,551
Votes |
9,365
Posts

SHTF: "We Buy Houses" Guy Sues When Seller Defaults

John Thedford#5 Wholesaling Contributor
  • Real Estate Broker
  • Naples, FL
Posted

The title is short but may not reflect the entire transaction.

Seller was approached by "buyers". After believing all the "buyers" representations were not true, seller defaulted on a contract which he signed. "Buyer" has filed suit and seller has responded with a counter suit. I believe this case will have ramifications for others that want to play the unlicensed brokering game writing contracts with no intention to actually purchase.

Here is the County Case:

Style:COLD HARD DEALS LLC vs ROCCO A BOVENZI
Uniform Case Number:112017CA0004320001XXFiled:03/10/2017
Clerks Case Number:1700432CA
Court Type:CIRCUIT CIVILDisposition Judge:
Case Type:OTHER REAL PROPERTY ACTIONDisposed:
Judge:BRODIE, LAUREN LReopen Reason:
Case Status:PENDINGReopened:
Next Court Date:00/00/0000Reopen Close:
Last Docket Date:04/20/2017Appealed:
PartiesDocketsEventsFinancials
NameTypeDOBCity, State, Zip
COLD HARD DEALS LLCPLAINTIFF
WEST COAST GLOBAL PROPERTIES LPLAINTIFF
BOVENZI, ROCCO ADEFENDANT
DUGAN, RYAN PATRICKPLAINTIFF'S ATTORNEYFORT MYERS, FL 33901
DUGAN, RYAN PATRICKPLAINTIFF'S ATTORNEYFORT MYERS, FL 33901
FISHER, PETER M.DEFENDANT'S ATTORNEYFORT MYERS, FL 33908

"Buyer" cold hard deals LLC is managed by logan hand. You can find some info about logan hand here:

HAND, LOGANComplaint ID1564793
CountyLeeProfessionRevenue Receipt Only - Individual
Street Number6900Complaint Number2015050001
Address Line1DANIELS PARKWAYComplaint ClassUnlicensed Activity
Address Line2SUITE 29-317Entered Date11/16/2015
Address Line3Disposition Date5/5/2016
CityFORT MYERSComplaint DispositionNolle Pros
StateFL
Zip33912
Close Window

Here is the current case which the owner of the house identified in the complain above has filed. Note the state has found his complaint to be "legally sufficient" to be turned over to the state legal department.

HAND, LOGANComplaint ID1641395
CountyLeeProfessionRevenue Receipt Only - Individual
Street Number12421Complaint Number2017011004
Address Line1MCGREGOR BLVD.Complaint ClassUnlicensed Activity
Address Line2Entered Date3/8/2017
Address Line3Disposition Date3/8/2017
CityFORT MYERSComplaint DispositionLegally Sufficient
StateFL
Zip33919

Last but no least, here is information on logan hands attorney:
https://www.avvo.com/attorneys/33901-fl-ryan-dugan...

Note he has been disciplined by the bar.

Note hand is now facing his second complaint dealing with the state. Some guys don't learn the first time.

This is an interesting case to watch. Those putting properties under contract with no intention or ability to close COULD find themselves being sued for FRAUD, FDUPTA, and more. Many of these operators have been MISLED by guru BS. Most of those guys don't know Florida law. In a nutshell: using contracts to circumvent licensing law does NOT work in this state and it is a presumption by the state the person is brokering without a license.

Most Popular Reply

User Stats

46
Posts
40
Votes
Logan Hand
  • Investor
  • Tampa, FL
40
Votes |
46
Posts
Logan Hand
  • Investor
  • Tampa, FL
Replied

Hello Everyone. I have been wanting to chime in here for a while, but was waiting for the legal proceedings to take its course. This case was settled and I think now perhaps I will say a few things: 

For starters I have been Investing In real estate for just under 3 years now and have invested in over 65 houses, bought two apartment buildings and currently own over 30 apartments at 25 years old. I started with nothing, and I am NOT even close to this VIllanous person being described here. This is the first and only time I have ever been in a lawsuit. 

I have fought tooth and nail for everything I have accomplished. 

@John Thedford first off THANK YOU for the learning experience.

You know, I have held a lot of hatred in my heart towards you for quite some time now, but right here and right now Im going to let it go and move on. I can respect your passion for the field, but I just don't understand why you spend so much time trying to be a police officer instead of being productive. 

I find it absolutely baffling that you know of me and have an intimate knowledge of this case because you played a role in it AND were named several times in its documents, but yet you never once have picked up the phone to call me, have coffee, network, or go to lunch? Fort Myers is a small town and almost all the investors know each other. I know some of the best investors in this town and they don't think very highly of you.... Nor do people really even know who you are. 

Instead you choose to make assumptions and make other peoples business look bad by saying certain things like "Fraud" and "never planning on purchasing the home." You know nothing about myself or the access to capital that I have. I have plenty of private money investors that invest with me in partnership to buy houses AND commercial assets. NO, I don't mean investors as in a "buyers list" I mean literally liquid capital provided for me to find suitable investments with. 

These are completely false, and IMO are fraudulent claims about one of my companies. I never place a property under contract that I don't feel completely comfortable closing on with our own capital or my partners. 

I mean how would you feel if someone just made a post that negatively effected your business? Say I made an assumption about you and just put it out there so every time someone googled your name it pulled up? 

As far as what you have to say about assignment of contracts..... For starters you and EVERYONE OUT THERE that maybe listens to you need to realize something. @John Thedford is not an attorney and even if he was what he puts out online is merely his INTERPRETATION OF WHAT THE LAW MEANS. 

Just because he says something is right or wrong does not make it ACTUALLY THAT WAY. Wether you like it or not THESE ARE JUST YOUR OPINIONS regarding the legality of assignment of contracts/"Wholesaling". You or an attorney (which your not)  would have to PROVE without reasonable doubt to a judge/jury that they should INTERPRET the law the same way that you do. 

Everyone should educate themselves on the business of Investing in Real Estate and how its done, but they should also have the choice if they want to be a licensed realtor or not. You don't need to use your scare tactics to make people think they need to get a license. Getting a license is a choice. 

Additionally. I know that YOU are the one that reported me to the DBPR not only once (anonymously) which you left a trace like a fool, but twice! Lets make something crystal clear. The first time the DBPR came back to me after I cooperated fully and RELEASED ME FROM ALL CLAIMS, DROPPING THE COMPLAINT THAT YOU FILED. STATING I DID NOTHING WRONG and was within my rights. 

So what was I supposed to "Learn from the first time" when the own state department is telling me Im not doing anything wrong. 

The second time you coached the seller on how to file to the DBPR and basically wrote the whole entire complaint for them. Now to be clear this is not a fact, but a very calculated assumption, because the seller all of a sudden is able to specifically state florida statutes down to the decimal point........... 

Come on man we aren't idiots we know you went to him and walked him through the whole thing. 

AND AGAIN.... DBPR comes back, I cooperate give them everything they request and they then deem that everything I was within my rights AGAIN. 

If you are going to educate people on the process you should know the actual process

When someone gets reported.... WHICH IS FREE TO DO, there is a person that basically fact finds and collects data. After that all the data is placed on one of only 2 state attorneys desks at the DBPR for processing. 

EVERY PERSONS COMPLAINT STATUS GOES TO ""legally sufficient" as it sits on the attorneys desk since they are back logged for a very long time. 

You should also know the DBPR purpose is focused on EDUCATION, not Prosecution. They simply want to let people know if they are making a mistake, and not try to punish them. 

You act like people should be hung up in the city streets. 

TWO last points before I sign off here. 

1). You talk about my attorney and how he previously was reprimanded by the BAR

- Thats his problem and it may be true, it shouldn't reflect anything to do with me. I will say I learned a lesson about being cheap with my attorney. 

No offense man but your the one pointing the finger at other people, yet you turn around and lend money as an HML to a CONVICTED WHITE COLLAR CRIMINAL THAT ACTUALLY SERVED TIME. I wont name names, but if you seriously don't know that one of your biggest borrowers in town served time for Mortgage fraud, you should probably do some research on who you are lending to. 

I think its sort of wrong to run around and say all these other people are bad, yet your lending money to actual bad people? 

2). Your main argument is the marketing of the property? 

- Again this is something left open for interpretation. I never marketed this property nor did I ever need to in order to have the ability to close the transaction. In this case what I know you are going to refer to is someone (I know you know who) fraudulently claimed they were interested in buying me out of my contract rights, and then put it all over craigslist without my knowledge, consent or them having any right to do so. 

I want you to understand that. Maybe you believe me maybe you don't. I would be happy to chat in person or discuss anything you wish. 

You also hide behind a fake alias on Craigslist called "JIMMY B" when your name is John Thedford. I imagine there could be some grey areas having a license and code of ethics yet posing to be someone that you are not online while trying to buy real estate? 

You have thousands of comments on here yet no profile photo? What are you hiding from John? Are you just not that confident in yourself that you have to hide behind computer screens and no profile pics? 

I dont hide. I have a large social media following on instagram a very popular Real Estate Podcast and you can find me wherever you wish. 

Any way. I wont be responding to any comments made after this so you minus well not waste your time. 

You can call me anytime, email me or DM me. 

I wish you the best of luck and I hope you have a great prosperous life that brings you happiness and Joy. 

I think for the both of us, its probably best that this feed gets deleted. Its unnecessary for all of this between both of us. 

Plus if you ever want to lend money to someone that actually isnt a criminal maybe I could be a customer, although I dont need your money. 

Cheers and best of success to everyone. Don't let anyone push you around or try to ruin your business. Bury them in production and Multiply your net worth. 

You can take whatever you want from me, but you can never take my ability to make it all back. 

I have faced much bigger challenges than @John Thedford and will continue to crush them and learn from them. 

@Brit Foshee @Luke Rainone @Andrew Michael @Noel Fernandez @Evan Poole @George Temes 

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