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Original Message:
Re: Manhattan Club Lawsuit (by Chris V.):
hi robert s,
your statements above make a great deal of sense. however, "sense" doesn't seem to fit in with the scheme of legal importance of owner's current muddled mess. my opinion is that an important legal maneuver is to somehow retry eichner the in another case against him (unless double jeopardy is claimed), have him criminally indicted, pay owners their individual dues and sent to jail along with his associates involved in his fraudulent scheme. and no, i'm not venting.....been there, done that. this is a practical action that could be considered. the notion that schneiderman helped our cause is highly questionable, if not a total joke.
roberts714 wrote:Just a point of clarification since I've seen references to it a few time in the last few days....It's my understanding the that we (current owners) have never been precluded from selling our unit. The action taken by the NYAG was to stop TMC (Eichner) from buying or selling units. So the idea that we've been precluded from sale is false, and would not be a reason to stop a foreclosure. IMHO there are a thousand other reasons a court might laugh at a foreclosure - but this isn't one of them.
What is interesting about the current 'offer' from Bluegreen is it is now possible for Bluegreen to 'offer' to purchase units back. And in the process according to what the offer states Bluegreen will make the association 'whole' by paying the unpaid maintenance fees. That action should allow the association to pay Eichner any unpaid or arrears that may be outstanding. This is just another way the settlement by the NYAG only put a small dent into the problems we owners are still facing.