Wednesday, 19 July 2017

Lis Pendens BLOCKED by Florida Judge. The Estate of Simon Bernstein is still going on, currently under Judge Rosemarie Scher.

"It is the Law to Disclose anything that could possibly, adversly affect a real estate buyer. It is the ethical duty, more obligation and the LAW to disclose ANY material factors in a real estate transaction that could potential harm a buyer.

Yet JUDGE Martin Colin seems to have forbid the legal, lawful, dutiful filing of a Lis Pendens on 7020 Lions Head Lane, Boca Raton Florida.

Judge Martin Colin, and attorney Alan Rose, along with Florida Real Estate Broker John Poletto of Nestler Poletto Realty Inc. and Distinctive Florida Estates Inc. have DUPED litigants into thinking that Judge Martin Colin has jurisdiction and some VETO power over the filing of a Lis Pendens in the Palm County courts, which is the LAW to file, in order to prevent Real Estate Fraud and Mortgage Fraud.

If 7020 Lions Head Lane Boca Raton Florida sells and Judge Martin Colin, Ted Bernstein, Attorney Alan Rose and Broker John Poletto KNOW and deliberately FAIL to disclose. This could easily be MORTGAGE Fraud. As the buyer can't pay off a loan if if the property is rescinded by the proper heirs or is tied up in a lawsuit and a Florida Judge ORDERS that the law be BROKE and the buyer not be told.

It is NOT Lawful to Forbid the Filing of a Lis Pendens. It is REQUIRED as a matter of law. Judge Martin Colin is ordering the law to be broke, and it is my opinion that buyers can go after his bond, as well as sue Ted Bernstein personally, Alan Rose personally and professionally, John Poletto personally and professionally and Greg Geffen if his title insurance charade closes the deal like he did the Shirley Bernstein condo, in my opinion, as a real estate profession, FRAUD.

They all know and deliberately, willfully, knowingly REFUSE to disclose and FORBID litigant Eliot Bernstein to disclose as the way I read the court documents.

Here is the Transcript of the Judges unlawful RANTS
https://drive.google.com/file/d/0Bzn2NurXrSkiVUFCVVZKb1YtWnM/view


Here is the Lis Pendens that Judge Martin Colin has BLOCKED from being legally filed.
https://docs.google.com/file/d/1P0bCnsa6dTu68lrUZjgAszgWlDeup9ZwixKicXJgS88GpyEJ5yIuzwjBeUYz_KxvumpZ5k_XEP5XJ0Cd/edit

Florida Law Regarding the Requirement as a matter of law to file a Lis Pendens, yet clearly you see a Probate Judge, attorney Alan Rose, PR Ted Bernstein and Broker John Poletto BREAKING the law and refusing to disclose AND Judge Martin COLIN blocked litigant Eliot Bernstein from obeying the law and protecting the real estate consumer by filing a lawful Lis Pendens.

Colin Blocks the Lis Pendens, then Mortgage Companies and Buyers don't KNOW
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0048/Sections/0048.23.html

Judge Martin Colin let a dead guy close an estate. There are many lawsuits in which dispute the title of the property at 7020 lions head lane and the Shirley Bernstein Condo of which was already fraudulently SOLD.  A Lis Pendens is prudent and is the LAW.
http://en.m.wikipedia.org/wiki/Lis_pendens


Originally Posted At
http://tedbernsteinreport.blogspot.com/2015/04/florida-lis-pendens-7020-lions-head.html#comment-form

Tuesday, 11 July 2017

Letter to Guardian Diana Lewis, Formerly Judge Diana Lewis, Demanding that she Cease and Desist Illegal Guardianship, Turn over Documents, and Correct All Fraud.

Attorney Alan Rose, Ted Bernstein, Diana Lewis and more seem to be involved in Massive Fraud on the Courts and violations of Rights. 

Read the Document Below
Full Cease and Desist Letter Regarding Florida Guardianship
https://drive.google.com/file/d/0Bzn2NurXrSkiUW9tV0lNa2NKcFk/view?usp=sharing

Monday, 10 July 2017

"SORTING OUT THE FRAUD AND THE FRAUDS WITHIN THE FRAUD, UNPEELING THE ONION:"

"24. Part of the basis for Appellant to respectfully move this Court to accept the
separate Jurisdictional Statement is for this Court to consider, as shown and stated
to the US District Court, the painstaking amount of time it takes and has taken to
continually unravel the "lie within a lie of a lie" or "fraud within a fraud of a
fraud" that this case has been from the outset as pleaded by the Appellant in the
original Answer ( Docket No. 35 Filed: 09/22/13 ) and multiple other filings
including a Motion for Injunctive Relief under the All Writs Act filed Feb. 24,
2016 ( Case: 1: 13-cv-03643 Document#: 214 Filed: 02/24/16 ) and of course
Docket No. 271 above and other filings.

25.   I respectfully request this Court to carefully examine Appellant's Motion for
Injunction under the All Writs Act filed by Appellant Feb. 24, 2016 as it is not
only relevant to this Court's Jurisdiction to hear this Appeal having moved for
Injunctive relief at the District Court, but further provides a roadmap to the
Documented "Missing Millions" Unaccounted for in these cases, "Missing
Originals" and documents and Discovery in general, "Missing Witnesses",
pervasive frauds herein and "sharp practices" by the parties against
Appellant including the pervasive "conflicts of interest" which have been
"controlling the withholding of Discovery" and "Discovery used as a Weapon"
throughout these related proceedings.

26. This Court is respectfully referred to Exhibit 10 of Plaintiffs' Summary Judgment
motion ( 1 of 2 "Probate Orders submitted by Plaintiffs) which is a "Final
Judgment" on "validity" of Testamentary instruments from Judge Phillips in
Florida issued Dec. 16, 2015 while the parties were awaiting the first Summary
Judgment determination from the US District Court ( Summary Judgment filings
"No 1 from summer of2015 ).

27.   Paragraph 2 of that Final Judgment provides: "Based upon the evidence presented
during the trial, the Court finds that the Testainentary Docmnents, as offered in
evidence by Plaintiff, are genuine and authentic, and are valid and enforceable
according to their terms."   See, Adam Simon and Plaintiffs "Round 2" Smnmary
Judgment filing Exhibit 10, Case: 1: 13-cv-03643 Document #: 240-11 Filed:
05/21/16 Page 3 of 6 PageID #:4193.

28.   Instead of the Plaintiffs actually attaching the Will of Simon Bernstein so the
US District Court could see the "terms" of the Will of Simon Bernstein, Plaintiffs
attorney Adam Simon simply made False Statements of Fact in the Statement of
Facts submitted on Summary Judgment "Round 2" and in the Memorandum
supporting the motion quoting from Attorney at Law Adam Simon presently
licensed as follows:

"The Probate Orders entered after trial include findings that (i) Eliot is not
beneficiary of the Estate of Simon Bernstein; (ii) appoint a guardian ad litem
for Eliot's children; and (iii) Eliot has no standing in the Probate Actions on
behalf of himself, the Estate or his children." See, Case: 1: 13-cv-03643
Docmnent #: 241 Filed: 05/21/16 Page 11 of 17 PageID #:4263
29. Further from Adam Simon, "The Probate Orders bar Eliot from the Probate
Actions to represent his own interests," See, Case: 1: 13-cv-03643 Document #:
241 Filed: 05/21/16 Page 11 of 17 PageID #:4263

ATTORNEY ADAM SIMON ACTING FOR TED BERNSTEIN
CONTINUING FALSE AND FRAUDULENT STATEMENTS NOW USED
BY THE US DISTRICT COURT IN THE ORDER ON APPEAL WHICH
BEGAN WITH TED BERNSTEIN'S COUNSEL ALAN B. ROSE MAKING
FALSE AFFIRMATIVE STATEMENTS OF FACT AND FRAUD UPON
THE COURT IN FLORIDA:

30.    This "fraud" that Appellant was not a "beneficiary" in the Simon Bernstein Estate case that Ted Bernstein's attorney Adam Simon has used before the US District
Court below began with Ted Bernstein's attorney Alan Rose falsely claiming this to then "new" Judge Phillips in Florida in an after hours filing on the eve of a Status Conference in the Simon Bernstein Estate case. See Ted Bernstein and Attorney Alan Rose Status Conference filing in Florida as follows:

Ted and Rose in Filing # 32030300 E-Filed 09/14/2015 05: 18:25 PM

"TRUSTEE'S OMNIBUS STATUS REPORT AND REQUEST FOR CASE
MANAGEMENT CONFERENCE"

"Introduction - The overarching issue in these cases is Eliot Bernstein. He is
not named as a beneficiary of anything: yet he alone has derailed these
proceedings for more than two years and has harassed and attacked the prior
judges, fiduciaries and their counsel." ( See, full document to be uploaded upon
Permission to file Electronically or supplement this filing )

31.   As shown in my All Writs filing, this lead to Appellant being denied fundamental
rights to be heard and due process even in the "Scheduling" of the alleged "one
day" "Validity Trial'' that has then been used before this Court to wrongly dismiss
all my claims and remove me from the action which had been scheduled in the
Shirley Bernstein Trust case which was not even "Noticed for Status Conference"
and thus in direct violation of Florida Procedural Laws. See, All Writs Motion
Feb. 2016.

32.   On or about Jan. 4, 2016 just a few weeks after this "Validity Trial", Ted
Bernstein's attorney made the following False and clearly Fraudulent Affirmative
Statement of Fact in a Motion to the Florida Court to remove my "standing" in the
cases as follows:

"As a result of upholding these documents, the Court has determined that
Eliot Bernstein, individually, is not a beneficiary of either Simon's or Shirley's
Trusts or Estates.  Instead, his three sons are among the beneficiaries of both
Simon's and Shirley's Trusts, in amounts to be determined by further proceedings.
Eliot lacks standing to continue his individual involvement in this case."

See, Jan. 4, 2016 Motion by Ted Bernstein-Alan Rose to be submitted Electronically
upon permission or to be supplemented.

33.   This statement, however, by this attorney at law Alan Rose, was clearly False and
Fraudulent as Judge Phillips had Never done the Acts being claimed as already
occurring and none of these alleged acts or findings are in existence in the "Final
Judgment"    ( See, Adam Simon and Plaintiffs "Round 2" Summary Judgment filing
Exhibit IO Probate Order, Case: 1: 13-cv-03643 Document#: 240-11 Filed:
05/21/16 Page 3 of 6 PageID #:4193. ) and the Transcript of the Validity Trial.

Instead, this is simply a FALSE and Fraud Upon the Court scheme and narrative
that continued for over a year in the Florida Courts and as alleged in the
Appellant's All Writs Motion for Injunctive relief is part of the wrongful scheme to
gain "collateral estoppel" advantage in these proceedings.


Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiMkVoQUlWR1daSk0/view?usp=sharing

A Fraud within a Fraud. Fraud on the Courts?

"20.   The U.S. District Court's Order on Appeal ( Docket Entry No. 273) appears
in all material respects in this part of the Order to be no more than a simple
"copy and paste" by the Court of False statements and arguments submitted by
Plaintiffs' attorney Adam Simon which have been regurgitated into an official
federal Court Order with no evidence, proof or documents in support, a
"fraud within a fraud" in an ongoing series of frauds.

21.   Plaintiffs and their attorney Adam Simon had wholly failed to submit ANY Order
or Judgment from Florida showing Appellant was not a Beneficiary in the Estate of
Simon Bernstein and lacked standing in the Estate of Simon Bernstein. Of course,
legally, the Plaintiffs and Adam Simon could not submit such an Order as No Such
Order exists as this never happened in the Florida state Courts but instead
Plaintiffs and Counsel Adam Simon simply knowingly "stated False Facts" to
the US District Court that this was the case and such an Order existed in efforts
to wholly remove Plaintiffs Constitutionally protected Due Process and Procedure Rights .

22.   The US District Court below appears to have bought into this fraud "hook, line
and sinker" without requiring any Proof or evidence as the Order on Appeal not
only makes reference to these False Facts stated by Adam Simon but instead of
Citing to some actual Order or Judgment document from Florida provided in the
Summary Judgment filings, the District Court simply cites to the Statement of
Facts submitted by Counsel Adam Simon for Plaintiffs.

23.   For example, the US District Court states in the Order on Appeal, "First, Eliot
cannot sustain cognizable damages related to the disposition of the Estate or the
testamentary trust in light of the Probate Court's rulings. The Probate Court found,
inter alia, that Simon Bernstein's "children - including Eliot - are not
beneficiaries" of the Will of Simon Bernstein or the related testamentary trust.
[240] at 11." See, US District Court Order Docket No. 273 pages 7-8. The US
District Court had made it clear in FOOTNOTE 1 that, "

The facts are taken from the parties' Local Rule 56.1 statements and the Court's previous rulings [106, 220[. (240[ refers to Plaintiffs' statement of material facts." Thus, the US District Court simply ruled based upon a section of False Statement of Facts from Plaintiffs citing to Plaintiffs Statement of Facts [2401 at 11 that had NO Orders attached or submitted used to provide the Findings and language that the District later gives "preclusive effect to" and thus, a fraud within a fraud, a lie within a lie. "

Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiMkVoQUlWR1daSk0/view?usp=sharing

" the Estate of Simon Bernstein and PR Brian O'Connell are now directly acting in Unity with Ted Bernstein and Alan Rose "

"14.   The U.S. District Court below, Northern District of Illinois, abused its discretion
acting clearly erroneously by failing to determine any actual proof or evidence in
the Record and submitted on Summary Judgment by the Plaintiffs to support the
False and Fraudulent claim by Ted Bernstein and Counsels Adam Simon and Alan
Rose that Appellant Eliot Bernstein is not a beneficiary of the Estate of Simon
Bernstein, lacks standing and is barred from that Probate action lacking standing
asserted as collateral estoppel which was improperly relied upon by the District
Court in granting Summary Judgment dismissing all of Appellant's claims.

15.   On Jan. 30th, 2017, Appellant notified the US District Court prior to the actual
issuance of the Order now on Appeal in part "about important circumstances in the
Florida Courts which I believe are consistent with what I notified this Court about
in my All Writs petition where there is Direct collusion between the parties in the
Florida proceedings which are impacting the Integrity of this Court's
proceedings and path to Judgment Specifically, that in Florida, the Estate of
Simon Bernstein and PR Brian O'Connell are now directly acting in Unity
with Ted Bernstein and Alan Rose and even permitting Ted Bernstein's
attorney Alan Rose to act as the Counsel for the Estate which is a major
conflict of interest.

This conflict has also been raised in Florida by the Creditor's
attorney Peter Feaman, Esq. and Hearings are scheduled in a few weeks in
Florida to address this Conflict and it is also important to note that these
hearings are before a new Judge, Judge Scher, and all the Orders that the
Plaintiffs are relying upon for Collateral Estoppel before this Court were
issued by a Judge Phillips who has now left the Bench prematurely and
retired.'' See, US District Court Docket No. 271 filed Jan. 30, 2017."

Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiMkVoQUlWR1daSk0/view?usp=sharing
"14.   The U.S. District Court below, Northern District of Illinois, abused its discretion
acting clearly erroneously by failing to determine any actual proof or evidence in
the Record and submitted on Summary Judgment by the Plaintiffs to support the
False and Fraudulent claim by Ted Bernstein and Counsels Adam Simon and Alan
Rose that Appellant Eliot Bernstein is not a beneficiary of the Estate of Simon
Bernstein, lacks standing and is barred from that Probate action lacking standing
asserted as collateral estoppel which was improperly relied upon by the District
Court in granting Summary Judgment dismissing all of Appellant's claims.

15.   On Jan. 30th, 2017, Appellant notified the US District Court prior to the actual
issuance of the Order now on Appeal in part "about important circumstances in the
Florida Courts which I believe are consistent with what I notified this Court about
in my All Writs petition where there is Direct collusion between the parties in the
Florida proceedings which are impacting the Integrity of this Court's
proceedings and path to Judgment Specifically, that in Florida, the Estate of
Simon Bernstein and PR Brian O'Connell are now directly acting in Unity
with Ted Bernstein and Alan Rose and even permitting Ted Bernstein's
attorney Alan Rose to act as the Counsel for the Estate which is a major
conflict of interest.

This conflict has also been raised in Florida by the Creditor's
attorney Peter Feaman, Esq. and Hearings are scheduled in a few weeks in
Florida to address this Conflict and it is also important to note that these
hearings are before a new Judge, Judge Scher, and all the Orders that the
Plaintiffs are relying upon for Collateral Estoppel before this Court were
issued by a Judge Phillips who has now left the Bench prematurely and
retired.'' See, US District Court Docket No. 271 filed Jan. 30, 2017."

Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiMkVoQUlWR1daSk0/view?usp=sharing

Eliot I. Bernstein IS IN FACT a Beneficiary of the Simon Bernstein Estate and has ALWAYS been.

"8.   This "Injunctive" relief filed in the State Court was predicated upon the "then
discovered" Frauds and forgeries of Dispositive documents filed in the Shirley
Bernstein Estate case by attorneys working for and with Ted Bernstein, the alleged
"Trustee" and Plaintiff in this action being attorneys at Tescher and Spallina who
were the Estate Planners for Simon and Shirley Bernstein and made themselves
Personal Representatives of the Estates and Co-Trustees of Trusts.

9.    As shown by Appellant's Answer and Counterclaims in this case and by a Motion
for Injunctive Relief filed in the US District Court in this action in Feb. of 2016,
the "same parties" involved with the frauds in the State of Florida cases are the
same as those frauds before the US District Court where no "original" documents
have been produced and all key dispositive Documents like the Insurance Policy
and alleged controlling Trust have all allegedly become "lost" and "missing".

10.   To the contrary, Appellant has alleged this is all part of a fraudulent scheme to
"control" the Assets and Disposition of Assets and take away Appellant's
"standing" and right to be heard after Appellant has exposed frauds and crimes in
both actions and reported same to Federal and State investigative authorities.

11.    Attached is a recent Order of Florida 15th Judicial Circuit Judge Scher which
confirms that I, Appellant, Eliot I. Bernstein am in fact a Beneficiary of the Simon Bernstein Estate which thus changes the circumstances and facts upon
which the District Court issued its Order.

12.   Further, Judge Scher has also found that Ted Bernstein, who is the Plaintiff in this
case, is adverse to the Estate of Simon Bernstein and has a conflict of interest
involving the Illinois Insurance action and yet as later shown herein, continues to
act "in unity" with the Estate PR Brian O'Connell to "control" Discovery and
documents and the frauds and litigation in both this "Insurance" action and the
Florida cases.

13.   As this Court will note, while I have attempted in good faith to cite to the Docket
Entries in the Record of the US District Court of the Northern District of Illinois in
both the Jurisdiction Statement and this motion herein, there are references to
newly discovered facts and change of circumstances which have occurred after the
issuance of the Order being Appealed and this Court's Orders which I believe are
important and while I have attached some of these items in hard copy print, it
would be burdensome to do so for the entire motion and would further delay the
filing of these papers and I request permission to Electronically file in the future
and if required by this Court, to supplement my filings Electronically.

UNDISPUTED CLEAR AND CONVINCING PROOF OF ONGOING
FRAUD BY PLAINTIFF TED BERNSTEIN, HIS COUNSELS ALAN B.
ROSE, ESQ. AND ADAM SIMON, ESQ. AND INTERVENOR PR BRIAN
O'CONNELL, ESQ. FOR THE ESTATE OF SIMON BERNSTEIN ACTING
IN CONCERT AND ACTIVE CONCEALMENT OF THE FRAUD
DIRECTLY IMPACTING THE US DISTRICT COURT'S ORDER ON
SUMMARY JUDGMENT "NEWLY DISCOVERED" AFTER ISSUANCE
OF THE SUMMARY JUDGMENT ORDER ON APPEAL; 

FRAUD THAT HAS BEEN CONCEALED FROM BOTH THE US DISTRICT COURT 
AND NOW THIS 7TH CIRCUIT US COURT OF APPEALS DESPITE APPELLANT'S REQUEST OF FLORIDA 15TH JUDICIAL CIRCUIT JUDGE SCHER 
TO NOTIFY ALL PROPER AUTHORITIES  "

Source and Full Document
https://drive.google.com/file/d/0Bzn2NurXrSkiMkVoQUlWR1daSk0/view?usp=sharing