Investigate and prosecute the theft of the Sharps' real property, 72-74 Eldert Street Brooklyn, NY 11207
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Twenty years ago, my fledgling middle class family lived the American Dream by scrimping and saving to purchase a distressed, unliveable apartment building, 72-74 Eldert Street, Brooklyn, NY 11207, and spent several years painstakingly renovating that apartment building. We rented to low income tenants, primarily single mothers, and veterans of the United States Armed Forces; recipients of public housing subsidies.
Our dedication to provide quality housing to low income tenants continued unabated until July 8, 2013, when our building was stolen.
One year prior to that event, an investor had approached the two individual owners of the building, my father and I, and told us that he had a contract to buy our building for a fraction of its worth. Neither my father nor myself signed the contract, nor did either of authorize anyone else to sign to sell the building. Nonetheless, the investor, utilizing a shell corporation, sued us. Within twenty four hours of suing us, they even obtained a restraining order forbidding us from signing leases or other essential business acts.
The stress was so great that my father suffered a heart attack two weeks later. While my father was in the hospital, I devoted all my time to him to ensure that he was getting the care he needed and wanted, which included finding the best interventional cardiologist to perform necessary procedures.
In the meantime, a court hearing was taking place. Two law firms, neither of which were retained to represent our company, stipulated to give away our property to said shell company investor, in such a way in which neither my father nor myself would ever be compensated. We were devastated. Not only by the act of theft, but by the cavalier attitude of said attorneys, who appeared completely unconcerned by the consequences of their actions.
One of the attorneys claiming to represent us stated in a sworn affidavit that he anticipated being compensated for his legal fees by our adversary. His associate admitted in open court that neither he nor his firm were retained to represent our company.
The other offending attorney accepted legal representation from the same law firm representing my adversary, in a US Bankruptcy Court proceeding regarding my company. This was an unprecendented act of open collusion with my adversary which showed that while he held himself out as our company's attorney, he was actually colluding with our adversary.
Despite the open acts of fraud and collusion utilized to steal our building -- no documentation from my father or myself authorizing the "sale" or theft of our building, no trial, no evidentiary hearings, and no discovery -- the New York State Supreme Court gave the property to our adversary, without even a penny in compensation to my father and I.
Between the theft of our only significant asset without any compensation whatsoever, and our betrayal by attorneys who were supposed to be officers of the court and uphold the law, not break it, it became very difficult for us to trust attorneys, and impossible to pay one.
To make matters worse, our adversary sent agents to our property, telling our tenants not to pay us rent, that they were the rightful owners (before they obtained a sheriff’s title under the color of law), and in the process, instigated rent strikes in our property.
In the meantime, our mortgage company Flushing Savings Bank, committed “dual tracking” against us. While considering our loan modification application, made foreclosure proceedings against us without vital documentation, and sold our note to another shell company at usurious rates.
By the time we were able to represent ourselves, there were already four motions in this vexatious, fraudulent litigation against us. The case of our theft became so big, that every attorney we approached for representation wanted $5000, $10,000, even $25,000 (yes, TWENTY-FIVE THOUSAND DOLLARS), JUST TO READ OUR FILE! We, pro se litigants untrained in law were forced to represent ourselves.
When I took this matter to the Moreland Commission on Public Corruption on September 17, 2013 (see the video here timestamped at 1 hour 52 minutes and 50 seconds, https://www.youtube.com/watch?v=LP1GeOYKRas#t=1h52m50s ), Moreland Commission Co-chair William Fitzpatrick told me he would look into this matter. Months later, Governor Cuomo shut down the Moreland Commission, and effectively any hopes of my getting the authorities to investigate and prosecute the individuals responsible for the theft of our property.
Recently, my adversaries are doing everything they can to prevent my appeals from being heard in the New York State Supreme Court, Appellate Division, 2nd Department. In particular, appeal 2941/2014 in which they may be held liable for damages for the theft against us, they have filed motion after motion to avoid being heard by the court. They have made every effort to avoid answering our testimony. They are being represented by a well-connected, midtown Manhattan based Law Firm, and we are pro se litigants untrained in law. Our lack of procedural knowledge in the law is being exploited to find loopholes to avoid answering our appeals and opposition to their numerous motions. After all, what defense is there against theft?
Attorneys cannot be allowed to defraud people, to sign away their property. Attorneys cannot be allowed to defraud clients, or even worse, defraud people who they pretend to represent for their own personal gain. Judges should not be allowed to give away real estate property by ignoring criminal acts and misrepresenting facts, without any consequences whatsoever.
If the State of New York does not want to investigate the theft of our property, then the federal government must do so. To ignore this act of theft against my family sends the wrong message; that real estate theft and litigation fraud has no consequences whatsoever. It endangers the rights of every property owner not only in New York, but in the entire United States. Therefore, I urge you all to please sign my petition to have an investigation conducted so that those who stole the property of my father and myself be prosecuted to the full extent of the law.
The pertinent court index numbers are as follows:
New York State Supreme Court, Kings County, 502964/2012
New York State Supreme Court, Kings County, 503007/2012
New York State Supreme Court, Kings County, 503266/2013
New York State Supreme Court, Appellate Division, 2nd Department, 5858/2013
New York State Supreme Court, Appellate Division, 2nd Department, 9311/2013
New York State Supreme Court, Appellate Division, 2nd Department, 2941/2014
New York State Supreme Court, Appellate Division, 2nd Department, 11149/2014
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