Affidavit Homeowner Appellant:
MEMORANDUM of WARNING TO POTENTIAL BUYERS:
TOXIC PROPERTY LISTED FOR SALE -FRAUDULENTLY FORECLOSED:
Toxic Homestead Condition Update 6768 Mauna Loa Blvd, Sarasota, Fl 34241
As of 2-13-2019
Sarasota case: 2012-CA-08232-NC
SECOND DISTRICT COURT OF APPEALS CASES PENDING
US DISTRICT COURT OF TAMPA CASES PENDING
US COURT OF APPEALS ATLANTA, GA PENDING
UNITED STATES SUPREME COURT PENDING
FOR IMMEDIATE RELEASE – SARASOTA, FL .
Alleged buyers as of 12-21-2018 of 6768 Mauna Loa BLVD, Sarasota, Fl, INTEND TO EVICT DISABLED SENIOR – BLIND due to a stroke condition, inflicted through PTSD LEGAL ABUSE. THIRD-PARTY FRAUD on the part of the FLORIDA DEPT. OF REVENUE and LIZABETH LYNN LOTSEY illegally garnish former owner of SOCIAL SECURITY RETIREMENT GARNISHING of $915.00 [Appellant’s mortgage payment] leaving Appellant total $467.00 total for necessary living expense. This FRAUDULENT GARNISHMENT of $915.00 of total $1515 per month, FORCES THIS FORECLOSURE as of 12-21-2019, Sarasota, FL.
The buyers now have relisted the property intending to hijack the former owner’s equity listed at the below link:
THIS PROPERTY WAS FORECLOSED THROUGH THIRD-PARTY FRAUD: PERPETRATED NOT LIMITED TO FLORIDA DEPT. OF REVENUE:
- LITIGATION HAS BEEN PENDING IN STATE APPELLATE SECOND DISTRICT OF FLORIDA SINCE 2016,
- LITIGATION IS PENDING IN FEDERAL COURT,
- POTENTIAL BUYERS BEWARE: OWNER ATTESTS ADVICE BY SEASONED BUILDERS THIS HOUSE IS NEAR TEAR DOWN – NOT LIMITED TO DESCRIPTION BELOW.
- YOU WILL BE INVOLVED IN LITIGATION IF YOU BUY THIS HOUSE.
- THE HOUSE IN LIKELY POTENTIAL FOR FORECLOSURE SALE REVERSAL IN STATE OR FEDERAL COURT.
- MORTGAGE SERVICERS HAVE RECEIVED APPROXIMATELY $12,000 FOR INSURANCE REPAIRS NEVER PERFORMED, THEY POCKETED THE FUNDS:
Federal U.S.District Court of Tampa 8:18:-cv-01437-CEH
Under penalty of perjury do I swear the following is true and correct:
- Homestead at the above address was damaged during Hurricane Irma date 9-11-2017 in the following description:
- Black Mold. Experienced contractor builder of 40 years states black mold damage is present especially in the attic but not limited to kitchen area and throughout the house, where heavy damage from roof leaks occurred. Builder says the majority of interior walls need to be replaced to correct mold issue; that the house is near a total loss.
- Ceiling damage from roof leak. Kitchen ceiling is heavily damaged from roof leak, considerable standing water poured in through roof leak. Replacing kitchen ceiling will further open up entire house to black mold.
- Homeowner is advised black mold is more toxic than lead.
- Lightning damaged roof, punched a hole in a crucial corner of the roof valleys exacerbating drain problems, also causing another leak with an additional black mold source.
- Electrical damage throughout: numerous outlets don’t work after storm damage, bathroom lights and outlets no longer function since Hurricane Irma, other lights and outlets don’t work.
- Exterior electrical repairs are needed; hanging wires in broken conduit.
- Air conditioner need replacing may be 20 years old or more, duct work needs replaced, leaks air and uses a lot of energy.
- Tub and sink in master bath is rusted through, repaired with a patch. Needs replacing. Plumbing problems in both bathrooms need a plumber. Neither of 2 toilets flush properly.
- Shower in Master bathroom leaks inside the wall when turned on, so is non functional.
- Yard and trees needs extensive rehab. Enormous Oak tree about 3 feet from house on east side is a lethal risk any direction it falls, will tear up the foundation if it goes over.
- Back yard trees are rotten and has split narrowly missing the house in Hurricane Irma; is still needing removal.
- Garage door destroyed during Hurricane Irma.
- No kitchen appliances function properly and are trash.
- Kitchen cabinets, sinks and counters are trash.
- Carpets are trash.
- The roof needs replacing.
- Many plumbing problems in both bathrooms and kitchen.
- National Insurance has paid out approximately $12,000 about 1 year ago to the bank; however, refuses to pay out for repairs. Bank may have committed insurance fraud and may need to litigate.
- Deteriorating house condition not limited to black mold is a health risk where Bank, Insurance Company and attorneys may be liable for toxic black mold health issues, by refusing to perform necessary repairs since they have already been paid.
- Florida Dept. of Revenue and Lizabeth Lynn Lotsey are alleged to having engaged in Third Party Fraud on homeowner, triggering foreclosure for a fraudulent claim. Their alleged Third Party fraud triggers foreclosure; hence, the enormous amount of litigation appear in state and Federal courts appearing to have no end in the foreseeable future. Any perspective buyer should expect to be a party in litigation.
- Street drains are under construction by Sarasota County. Drains typically flood up to near the top of the driveway during heavy rains.
- Summary: builder advises the house is near a total loss primarily from [forced] neglect, If repairs are not accomplished soon it will be a tear down.
- Lighting and electrical in kitchen and bathrooms don’t work electrical issues.
ELEMENTS OF FRAUD
The FLORIDA DEPT. OF REVENUE continue to fraudulently garnish Appellant’s Social Security Retirement – necessary income, not disposable, for the amount of $915.00 per month, the amount of the Appellant’s mortgage payment, forcing the foreclosure described above. The FLORIDA DOR violates Fourth Amendment seizure, Art VI Supremacy Preemption, 42 U.S.C. 666, 45.C.F.R. 302.56 and 45 C.F.R. 303.8, Florida State law violations include not limited to F.S. 61.13, 409.2563, 409.2564, F.R. 12.995(a) and SB590.
The following alleged “court order” simulates a legal process used by the Florida DOR to the Social Security Administration to garnish
The following Audit Review – A deprecated attempt shows the requirement to downward modify as of August, 2006 pursuant to 42 USC 666 and State laws mentioned above. The modification is not discretionary but required; however, the FLORIDA DOR continue to defy Federal and State law, forcing Foreclosure, homelessness and poverty for this fraudulent judgment of $122.000.
The following Audit Review – A deprecated attempt shows the requirement to downward modify as of May, 2013 pursuant to 42 USC 666 and State laws mentioned above. The modification is not discretionary but required; however, the FLORIDA DOR continue to defy Federal and State law, forcing Foreclosure, homelessness and poverty for this fraudulent judgment of $122.000.
Appellant’s child now 20 yo, aged out of the system. FLORIDA DOR RECORDS SHOW TOTAL PAYMENT’S TOTALING APPROXIMATELY $120,000 over the 18 years he was a minor. The following payment history fails to show approximately $15,000 of payments.
6768 Mauna Loa Blvd
Sarasota, Fl 34241