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Subject: If you've been declined by Victoria Landing Homeowners Assoc. Inc., please let me know.
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Author Messages
CarmenP
(Florida)

Posts:32


10/09/2011 5:45 PM  
Yes, you summed it up right. The check was made out to Victoria Landings Homeowners Association, Inc. He stamped it in the bank with the VLHOA name on the stamp and cashed it as the "President". His signature was on his check as the President. I have a copy of the front and back of the check. Yes, I think he is plain stupid.
BruceF1
(Connecticut)

Posts:2535


10/10/2011 6:49 AM  
Posted By CarmenP on 10/09/2011 5:45 PM
Yes, you summed it up right. The check was made out to Victoria Landings Homeowners Association, Inc. He stamped it in the bank with the VLHOA name on the stamp and cashed it as the "President". His signature was on his check as the President. I have a copy of the front and back of the check. Yes, I think he is plain stupid.

The idea of a check being written to a corporation being exchanged for cash at a check cashing facility appears very suspicious to me. Did you inform your attorney of this activity?
PetunkaM
(Florida)

Posts:1000


10/10/2011 8:28 AM  
Carmen,

Well I poked around a little last night and it seems that your president is a serious investor who also got caught up in the real estate bubble. He actually bought a few units in Victoria; one in 2006- for over $450K - and walked away from it; also transferred some of his units to the International Sales along with others. There are just too many Quit Claim Deeds and foreclosures under their names and I have no idea what that means without matching the lots or do the title search on each lot. Also several other partnerships are/were involved. My first impression (unsubstantiated)is that the International Sales could be in financial trouble.

It would take an aggressive attorney to go thru all the Association Financial records – if they even exist- and figure out who is doing what to whom. The rental deposits should be also checked. Are these guys paying dues and the $1,200 membership fee with every title transfer? Do you know what the annual assessments are? If your $150 check did not end up in the Association account this tells me that the BOD may not even know about your application. When exactly was your application rejected? Was it signed by the President only and does it mention the Board voted on it?
I do not know if one could trace more $150 cancelled checks thru Amscott?

I would be really surprised if these guys will want to go to court and turning this Association back to owners could take years.
PetunkaM
(Florida)

Posts:1000


10/10/2011 8:36 AM  
Carmen,

you mentioned there are about eight individual owners. Are these guys unhappy about what is going on? If so, ask them to join you. If at least one will participate your attorney could get an immediate access to the Association Financial records and that could get the ball rolling.
CarmenP
(Florida)

Posts:32


10/10/2011 10:13 AM  
Yes, I thought about that. I will look again at the Osceola County Appraisal website, to obtain the unit numbers and names. Thanks.
MelissaP1
(Alabama)

Posts:9413


10/10/2011 10:38 AM  
I just wanted to interject some information before it gets a bit carried away or suspicious. My job as President of the HOA was to sign checks. We had a two signature system. The bookkeeper's office would create the check and sign it. After that, the President(Me) and one other BOD member had to sign the check. We kept a signature card at our bank for the approved BOD members who could sign. We didn't have to sign any of the actual dues payments.

Just wanted to state this as my name as President would indeed be on checks signed by the HOA. This isn't an unusual situation as the President (or assigned representative) name would be able to cash these checks. Plus in this situation this person the check signed is by the person is the head of the company. So I can't say it is suspicious or questionable to see their signature on the check and even representing the HOA.

Basically, the deposit money being cashed the way it was, doesn't raise any real red flags to me. What does raise flags is that the company is clearly in financial trouble and their rights to this property should have been revoked unless they pay the foreclosure off. A foreclosure should stop when the debt owed is paid. Otherwise, it's paid off when it goes up for auction or a short sale...

Former HOA President
BruceF1
(Connecticut)

Posts:2535


10/10/2011 11:17 AM  
Melissa,

Most likely, when you signed the checks they were deposited into the HOA's bank account, no?

I don't question the checks being signed by Mr. Moth. What looks suspicious to me is cashing the check at a check cashing facility (Amscot) which pays out cash for the check (probably for a fee?). Once the check is converted to cash there is no way of knowing whether the money ended up in the HOA's bank account or Mr. Moth's pocket unless we can somehow trace that amount to a cash deposit to the HOA's account made by Mr. Moth. The question is, why go to the trouble of converting the check to cash and later depositing the cash in the HOA's account, especially if a check cashing fee is involved? Why not deposit the check directly into the HOA's account to begin with? Also, the IRS frowns on commingling funds, and they're suspicious by nature.
CarmenP
(Florida)

Posts:32


10/10/2011 11:24 AM  
I agree with Bruce. I am not disputing the fact that Mr. Moth signed the check as the President of the HOA. It's the fact that he went out of his way to stop at an Amscott, paid a fee, and cashed it. I'm sure he pocketed every penny of it....making it a tax-free transaction. I have a copy of the front and back of the check. My attorney can also request from Amscott, the amount of checks that have been cashed this way......
PetunkaM
(Florida)

Posts:1000


10/10/2011 11:32 AM  
Carmen, be a little careful whom you talk to in that development .. I am starting to understand a little what is really going on. Sorry, but I do not want to post it here.
CarmenP
(Florida)

Posts:32


10/10/2011 12:48 PM  
You want to call me? Any input you can give me would be greatly appreciate it.
PetunkaM
(Florida)

Posts:1000


10/10/2011 1:32 PM  
May be eventually but e-mail would do for now.. I will try to send you a file tomorrow evening.
CarmenP
(Florida)

Posts:32


10/10/2011 2:25 PM  
Ok, you have my e-mail address?
PetunkaM
(Florida)

Posts:1000


10/10/2011 2:48 PM  
Nope, I do not.
CarmenP
(Florida)

Posts:32


10/10/2011 2:51 PM  
[email protected]
PetunkaM
(Florida)

Posts:1000


10/11/2011 10:52 AM  
Carmen, thanks.. I did
SimonL1
(Florida)

Posts:1


10/13/2011 8:46 AM  
Hello Carmen. Please e mail me at [email protected]
KevinJ4
(Florida)

Posts:1


05/24/2012 12:59 PM  
That HOA was forced out by a Judge in a case filed in 2008 in Osceola County. If you were scammed or took by these former people the court appointed receiver is ATTY Brian Phillips Tel: 407-872-0777. They are still sorting through the mess but everything they can get against these former HOA people will help. They truly ran the place into the ground on purpose and are now paying the price. Hope this helps out.
JustinV1
(Florida)

Posts:1


06/28/2020 7:19 AM  
We just stumbled on this researching the HOA. I am current resident having problem. It looks like they were not forced out. Does anyone have any information on this case where they were 'forced out'. Many thanks.
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