ATTORNEY FOR DHHOA

DruidHillsHOA May 24, 2022 Druid Hills Legal Matters, Druid Hills Notices and Alerts Leave a comment 224 Views

ATTORNEY FOR DHHOA- Mark Francis Correspondence that may help others understand the full impact of the sequence of events. The only attorney that has helped me fight the POA attorneys and saved me from losing my property.

Attorney for DHHOA

Correspondence

From: Mark Francis
Sent: Sunday, December 13, 2020 9:03 PM
To: ‘Kate M. Leason’
Subject: RE: Diana Foraci
Hello,
I understand from my client that the check she tendered has not yet been negotiated and the lien not yet released. Can you please let me know why? The case was dismissed without prejudice but the claims are not subject to re-filing as my client fully performed the settlement.
Please let me when your client will release the lien as Ms. Foraci fully complied with all requirements. It’s time to wrap this up. Thank you,
Mark

More Correspondence

From: Mark Francis
Sent: Wednesday, December 30, 2020 9:41 AM
To: Kate M. Leason KLeason@altitude.law
Subject: FW: Diana Foraci
Kate,
As of December 1, you indicated you would draft the dismissal docs and the release of the notice of lis pendens. We understand the case was since dismissed (without prejudice) and the lis pendens was released. My client tendered the full amount to your office before Thanksgiving, and yet the check she tendered has not been negotiated and the assessment lien not released. This email follows my prior one of December 13.

I am not sure what else could possibly be needed from my client at this time. At this point in time, the assessment lien is a spurious document as it has no legal effect with the holding of funds by your client. Your client was paid in full and has a duty to release the lien whether or not your client ever negotiates the check. The debt has been fully satisfied. As you know, my client has very good remedies for suing to remove a spurious lien document including actual damages or a minimum damage amount and attorney’s fees.

A dismissal without prejudice is the same as with prejudice in this case as my client’s full performance makes any more steps in that case frivolous, groundless, baseless and a violation of Rule 11. At this time, my client is demanding that your client immediately release the lien to avoid a new lawsuit on the spurious document.

I’d appreciate a very quick response so this can be finally ended. Thank you,
Mark

DHPOA Threatens to Sue

On March 2021, POA attorney threatened me with a lawsuit for slander for filed documents with Teller County Clerk and Recorder.

From: Mark Francis]
Sent: Wednesday, April 21, 2021 2:37 PM
To: ‘diana foraci’
Subject: RE: POA attorney letter

Ms. Oppenheimer,

I am responding to your letter to Ms. Foraci dated April 2, 2021.

I do not see a legal basis for your claims against my client.

The recorded documents are not spurious nor do they slander title because property purchases and sales continue. To take place and title insurance is routinely issued by the insurers for those transactions. No one is suffering detriment by virtue of the recorded documents. With no legal injury to anyone, there is no basis for claims against Ms. Foraci.

The recordings also do not support any Consumer Protection Act claims. That act only applies when a “person engages in a deceptive trade practice” of the type listed in the statute. And engages in that action “in the course of the person’s business, vocation, or occupation”. There is no “business, vocation, or occupation” involved. That statute does not apply to Ms. Foraci.

We ask that the Board refrain from more of these unfounded allegations against my client. As they waste time and resources that are better allocated elsewhere.

Mark