Letter to U.S. Embassy, Nassau
From: Paul Kogan, Esq. <pkogan@koganprober.com>
Sent: Friday, September 16, 2016 4:24 PM
To: HaraNN@state.gov
Subject: Polly Cay - Graham Thompson
Mr. Hara,
Please be advised that I represent Mr. Eyal Waters. The Embassy and Mr. Waters have been communicating concerning Mr. Waters purchase of real property in the Bahamas several years ago and the current litigation that he is experiencing. As you are aware, Mr. Waters retained the service of Graham Thompson & Co to represent him in the purchase of the Property. After visiting the US Embassy website and reviewing the Real Estate Matters disclosure and a list of “Attorneys and Lawyers in the Bahamas, Mr. Waters retained the service of GTC to help him with the purchase of the Property.
During the three years that it took to purchase the property, GTC represented that Mr. Waters was receiving good and marketable title and that it conducted a thorough title search. After Mr. Waters finally obtained title to the property, which included an opinion letter from GTC insuring the title, issues began to arise. Once Mr. Waters obtained the title to the property the Plaintiff, Iva Dean, in the underlying lawsuit began to harass and question Mr. Waters title, and at all times, GTC continued to tell Mr. Waters that his title is good and that Ms. Dean had no rights to the title. Now, fast forward six (6) years since Ms. Dean originally made her claim, and Mr. Waters in embroiled in a lawsuit that GTC wants no part of, and claims that they have a conflict of interest.
As you are fully aware of the majority of the facts based on your previous communications with Mr. Waters, Mr. Waters did not receive a good and marketable title and GTC failed to perform the simplest of tasks in researching the title on the property by failing to find a dual chain. Based on GTC's actions, GTC has its own best interest in mind and not my clients, and further taking advantage of the fact that Mr. Waters is not in the Bahamas and will have difficulty enforcing any action against GTC. Throughout the entire purchase process, GTC had its own best interest in mind and deceived my client into purchasing a property they knew or should have known that a dual chain of title existed and another individual would make a claim against the property.
As the note on Embassy's website shows, these types of issues exist in the Bahamas and citizens should make sure that they hire a reputable attorney. Well, Mr. Waters thought he found a reputable attorney that would have his best interest in mind, but came to find out that the only interest GTC had in mind is their own. At this time Mr. Waters is in the process of preparing and commencing a lawsuit against GTC in the United States Federal Court for the fraudulent and misleading way that GTC treated Mr. Waters. Knowing the facts of Mr. Waters story and the potential danger to US Citizens in the future, we are requesting that the Embassy remove GTC from their listing of attorneys. Continuing to have GTC listed on the US Embassy website shows that the US Embassy does not have the best interest of its citizens in mind, and further shows that its relationship with those law firms is more important than protecting its citizens.
Should you have any questions, please feel free in contacting me.
Cordially,
--
Paul Kogan, Esq.
Kogan Prober, P.A.
200 S. Andrews Ave, Suite 901
Ft. Lauderdale, Florida 33301
(954) 281-8888 - office
(954) 333-1505 - facsimile
Email to Graham Thompson & Co
From: Paul Kogan, Esq. <pkogan@koganprober.com>
Sent: Monday, August 15, 2016 11:06 AM
To: Whitehead, Judy; agw@gtclaw.com; dcw@gtclaw.com; Adams, Robert
Cc:Fernander, Dwayne; Swann, Natalie
Subject: Re: Ocean Point Estates Limited,Regarding Polly Cay Real Estate Bahamas
Ms. Whitehead, please accept this as my clients response to your letter dated July 18, 2016. First, as you would agree, your and my clients interest in this entire matter was to always have clear and marketable title to Poly Cay, and our interests are very much aligned, because the only way to accomplish this is to have this lawsuit resolved. After years of harassment by Ms. Dean and the continued litigation, it is in the best interest of all parties to settle this matter as soon as possible.
The continued delay is what is causing this problem to arise at this point. On June 2, 2016 Justice Widner entered a judgment denying the Application. By way of email on June 3rd, Mr. Fernander advised that " The Plaintiff must now make application for case management to move the claim to trial. If she fails to do so within a week, we will push to have the matter set down for directions and a trial date obtained as a matter of urgency given the importance of the matter" At no time prior to June 24, 2016, some 3 weeks after the judgment was entered, did my client receive any notice that this matter was pushed to have set down for “directions and a trial date. It has now been more two (2) months since the Judgment was entered, and there is still no trial date set. This continued delay, and the continued impact on my clientâs financial condition, is what caused the June 24, 2016 correspondence.
As to the matter of settlement with Ms. Dean. It was previously mentioned by Mr. Fernander that she was willing to resolve this matter financially. With the amount of time spent by Mr. Fernander and other Graham Thompson attorneys, it appears as though a financial settlement would be in the best interest economically for everybody. Based on the opinion letter issued by GTC when OPEL purchased the property, the payment should come from GTC and not OPEL.
My experience with similar matters in the United States has always been to get rid of matters like this as soon as possible. Such issues almost never arise, and when they do, the insurance company steps in and resolves it before costing itself and the insured significant amounts of money. This is not the case with GTC, who in all respects, essentially is acting as the insurer of the title by way of its opinion letter, and it is its duty to resolve or defend OPEL against any title issues. The lawsuit has been around for 2 ½ years now, and the issues have been around for seven, with no end in sight. My client is merely asking for GTC to stand by its Opinion Letter and get this matter resolved so that all parties can move on.
It is my client interest to get this matter resolved with the assistance of GTC. It appears from you letter as though GTC is trying to wash its hands of this matter. When my client originally hired GTC to conduct the purchase and title of the property, he relied on GTC's reputation to make sure there are no issues, and he will continue to rely on GTC's reputation until this matter is resolved. As you are fully aware of, my client is very passionate about this situation, and will do anything to make sure that he is not taken advantage of, that he receives the results he is entitled to, and for him, at this point, the most he will lose is the property, but ultimately he will make sure that justice is served.
Cordially,
Paul Kogan, Esq.
Kogan Prober, P.A.
200 S. Andrews Ave, Suite 901
Ft. Lauderdale, Florida 33301
(954) 281-8888 - office
(954) 333-1505 - facsimile