Manhattan Club Lawsuit

bob, 1..did you uncover the copy/paste documents yourself or 2..did zimmerman lead you to them? if #1. is the case you must be a super sleuth or legal eagle. if #2..prevails then zimmerman must be doing his homework--or both! either one: both seem to strengthen our case. keep us posted. chris

robertb1802 wrote:

NEW DOCUMENT LINKS The links to two documents in my previous post apparently don’t work, so I’m posting new links to the files which I have uploaded to “Drop Box.” In order to open and read them you will have to have a Drop Box account, which is free to create and simple to use. So, here are the updated links.

Anyone who hasn’t done so already should read the 2 most important documents in this case; the NY Attorney General's July, 2015 court filing, which itemizes a remarkable list of allegations of civil and criminal conduct on the part of The Manhattan Club, and the Assurance of Discontinuance, in which the principals involved in TMC timeshare scam admit to their criminal conduct which was uncovered during the NY Attorney General’s nearly 4 year-long investigation! Here are the links to these court documents. If they don’t open when you click on them, just copy and paste the links into your browser address bar.

**2015 AG court filing containing list of allegations misconduct uncovered during the investigation:**

https://www.dropbox.com/s/p2znfoz0vi5y3ey/NY%20AG%20MEMORANDUM%20OF%20LAW%20IN%20OPPOSITION%20TO%20RESPONDENTS%E2%80%99%20MOTIONS%207-2-2015.pdf?dl=0

**2018 Assurance of Discontinuance containing admissions of criminal conduct:**

https://www.dropbox.com/s/58g3cfucsxo7j3j/Order%20of%20Discontinuance-manhattan-club-aod_0.pdf?dl=0

If you want the crooks to be held accountable and would like to win a small measure of justice, I urge you to contact the Zimmerman Law Group at jmz@tmcsuit.com, or (908) 768-6408, and ask them to represent you, too. Bob Biello

Chris, I’ve been following this case carefully for years and earmarking and saving what I felt were important documents. These 2 docs are part of the NY court system’s electronic file on the AG’s case against TMC.

bob, you developed much insight and critical information regarding TMC owners' plight and dilemmas. i hope zimmerman is following the docs that you do. please send the internet copy/paste site for the NY court system’s electronic file on the AG’s case against TMC. i assume other owners would be interested in doing similar research. knowledge is power. thanks.

happy thanksgiving. chris

robertb1802 wrote:

Chris, I’ve been following this case carefully for years and earmarking and saving what I felt were important documents. These 2 docs are part of the NY court system’s electronic file on the AG’s case against TMC.

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.

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.

I have have an owner of TMC for 18 years. I live on the other side of the world and only heard of the new ownership last month. Did not even know about the lawsuit at all. So is it better for me to join the Zimmerman lawsuit now ?? Any advice from you on this matter ?? I have not paid for my maintenance fees 2019 yet. I have a booking for a week at the TMC next spring. When I heard of the new ownership, I called the reservation at TMC to check my reservation; it is still there and confirmed.

You assume that Bluegreen will actually pay itself ( the board it controlls) the accumulated “in-arrears” maintenance fees after they acquire a unit from an in-arrears owner for $100. I don’t believe that it will work that way. Is there some legal or other requirements for BG to bring a unit’s missed/abandoned fees up to date?

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.

a DENT INDEED! more like a CHASM!

hello joann, and welcome!

WELCOME JOANN

if nothing else, it certainly can't hurt by joining your fellow defrauded TMC owners. consider taking time to read through some of the past pages of THE MANHATTAN CLUB LAWSUIT (a misnomer: it was not a lawsuit but litigation against TMC AND ITS DEVELOPER, IAN BRUCE EICHNER via the former new york state attorney general, eric schneiderman). i would also let other forum contributors know of your joining us by posting a comment (s).......................your call, of course.

also there are at least 2 other future lawsuit possibilities in the works which are noted in the TMC forum. one involves joining THE COALITION OF FINANCIALLY DISTRESSED TMC OWNERS of which becky and i are founders (see our mission statement on pages after #200) by contacting..............beckyfitzmaurice@yahoo.com...................mention my name, CHRIS, if you decide to join the COALITION, .also consider joining attorney zimmerman's in-the-works lawsuit; information also found on TMC forum pages.

GOOD LUCK!. all TMC owners need it to help combat all of the illegal activities heaped upon all who visited the sales offfice at their very first TMC SALES PRESENTATION...........ALL FRAUD, LIES AND MISCONCEPTIONS, e.g., currently our shares are worth about $100....hard to accept, right?

again, welcome and stay tuned.

chris

I am one of the clueless members as I just heard of the mess near the end of last month. I want to do something; join the 1. coalition 2. Zimmerman's or 3. both 4. wait for the Zimmerman's December court date. Before doing anything on my part, I want to know and read more of the past messages. What are most of the TMC owners do regarding this matter ?? It is year end now and soon I will be away for holidays for 4 weeks. I can concentrate more on this matter after Dec 31st or the festive season.

J - how did you finally find out about our group here and decide it was time to become more involved? I ask this because we owners have had roadblocks against us from the beginning. We have never been able to get a list of the timeshare owners so that we could be in contact to hear of their dissatisfaction and get their feedback. That list is valuable and we should be given access to it; that is why the Zimmerman Law Group is pursuing this in a motion before a Judge. Even though we as owners supposedly have 3 "non sponsored" members on the HOA Board, we have received very little assistance from them and they basically have gone along with the actions of the "sponsored"" members ( members put on the Board and protected by Developer Eichner) . I don't know if you were aware that Eichner admitted that he also had a management company overseeing the management of the Manhattan Club - he further waas forced to admit during the investigation by the then N. Y. Attorney General that he had zero employees in his sham management company yet he had been billing the Manhattan Club owners $6,000,000 ( yes, six million dollars) a year - he did nothing for it. And we owners continued to see our maintenance fees skyrocket. So - welcome to our group and I applaud you and others for deciding it was time to pursue justice. I believe there will be strength in numbers.

I contacted Becky and gave her my name and details. Just joined the coalition of financially distressed TMC owners. Thanks Chris for the info.

Gail, I suddenly thought of redweek during the Thanksgiving break. Decided to see anything related to TMC on redweek site and found some of you owners with the same concerns. I only realized that Blue Green was the new owner in late November.

alexcrystal22@gmail.com

Please send to me at mpolk0804@gmail.com

As an FYI, on Expedia right now there are apartments at TMCNY up for rent in February.

Marjorie

I would like to join the many of you that is fighting this injustice. Please add me to the coalition:

Jim Tam, jimtam67@gmail.com

Thank you!

hello jimt355,

thanks for your wish to join THE COALITION OF FINANCIALLY DISTRESSED TMC OWNERS. i sent you an email to accommodate your request. address further COALITION comments to cfox863@gmail.com................................&/or .........................beckyfitzmaurice@yahoo.com.

please continue using redweek.com for all other comments regarding the manhattan club. look for info at redweek.com regarding the possible lawsuit that's in the works.

perhaps all of these efforts coming together into a cohesive entity will further ensure owners to have our cause (s) prevail in combatting TMC and its board of directors from past and future "dumping" on us. part of what i believe many of us owners are seeking is substantial relief from the exponentially exorbitant maintenance fees and reasonable ability to get desirable reservation time. we want our initial investment to have market/investment value (as promised at the sales presentation) , and not worth about $100 as it currently is. (add your own dissatisfaction (s) as you see fit.)

keep in touch

chris

jimt355 wrote:

I would like to join the many of you that is fighting this injustice. Please add me to the coalition:

Jim Tam, jimtam67@gmail.com

Thank you!

For those "new arrivals" to this site I'll make this recommendation to get caught up. Go back to page 210 and start with the post from Jean-Marc Zimmerman, the attorney for a group of us who have agreed to legal action against Eichner and his cronies. Read forward from there up to today and you'll have a good idea of what's going on. I urge anyone who is fed up with getting screwed to contact Mr. Zimmerman and join our group. Bob Biello

hello fellow defrauded TMC OWNERS.

FYI

RE: OUR NEW AND (UN) IMPROVED SUCCESSOR TO IAN BRUCE EICHNER. WELCOME TO BLUEGREEN................ READ THE FOLLOWING 500+ REVIEWS FROM OTHER OWNERS UNDER BLUEGREEN'S "PROTECTIVE WING". IS THIS WHAT TMC OWNERS CAN EXPECT?

copy and paste the following to your address bar.

https://www.consumeraffairs.com/travel/bluegreen.html

with apologies for being discouraging!

chris

tmc owners,

consider filing a substantially complete complaint concerning all MANHATTAN CLUB's fraudulent and scamming actons that affected you to the FEDERAL TRADE COMMISSION: the FTC site is relatively easy to follow. they stop at certain intervals to allow you to check your copy and edit it if necessary, and to print your final complaint page. the FTC also sends an email confirmation of receipt of your complaint information with other resources to check. . it's worth a try spending 10-15 minutes of your time. they want the complaints to be substantive, so you can write detailed commentary. (there is a generous word/letter limitation). IF YOU INTEND TO DO IT, DO IT NOW. YOU'LL AT LEAST END UP WITH A SMILE OF SATISFACTION KNOWING THAT YOU''RE BEING PROACTIVE IN PROTECTING YOUR INVESTMENT AND NOT BE INSULTED WITH A $100 OFFER BY TMC TO TAKE YOUR SHARE BACK.

copy and paste the following site on your address bar. perhaps if the FTC notes a substantial number of complaints specifically about TMC in particular, they MIGHT take notice and act positively in owners' behalf.

https://www.ftc.gov/

chris

Let's all wish Irene the best in her upcoming hearing. Every little bit of progress helps every one of us.

I would like to join the law suit. I have previously indicated this, but have never been contacted. rhbmobley@yahoo.com