in the circuit court of the twentieth judicial circuit...
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA
GRANADA CONDOMINIUM HOMES ASSOCIATION, INC., et al.,
Plaintiffs,
vs. Clerk’s Case Number: 09 02617CC DR. JORG BUSSE [“BUSSE, J. R.”], et al.
NOTICE
__________________________________________________________________________/
VIOLATIONS OF GOVERNING DOCUMENTS, NOTICE,
BY GRANADA CONDO HOMES ASSOCIATION, INC., AND
JULIA N. JACKSON, DEFENDANT BOARD MEMBER
OFFICIAL RECORDS 330 PG 498, 472; 1517 PG 2165;
2922 PG 1364; 3950 PG 3899; 3950 PG 3900,
COLLIER COUNTY PUBLIC RECORDS,
ASSOCIATION VIOLATIONS OF RECORD
1. Attached are said Collier County Public Records in support of the publicly record violations
of the governing documents of purported Plaintiff, Granada Condominium Homes
Association, Inc. See, e.g., O.R. 1517, Page 2165, and O.R. 330, Pages 498, 472.
CONTESTED “lien”, VIOLATIONS OF GOVERNING DOCUMENTS
2. Dr. Jorg Busse had contested the association’s fraudulent lien and/or claim.
3. Again, Dr. Jorg Busse gives notice of contest of the association’s unauthorized and
fraudulent lien.
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NO “authority to file a record of lien”
4. § 720.3085, Fla. Stat. expressly states:
“(4) A homeowners' association may not file a record of lien against a parcel for unpaid assessments unless a written notice or demand for past due assessments as well as any other amounts owed to the association pursuant to its governing documents has been made by the association. The written notice or demand must …”
Here, “pursuant to its governing documents”, Dr. Jorg Busse had owed absolutely nothing to
the association. No “written notice or demand for” any “amounts owed to the association
pursuant to its governing documents” has been made by the association. Here, the association
had no “authority to file a record of lien” under Florida law.
FALSIFICATION OF “expenses” and “assessments”
5. The purported Plaintiff and Plaintiff’s Attorneys falsified expenses and/or assessments. See,
e.g., attached O.R. 330, Pages 498, 472, Collier County Public Records.
6. The governing documents did not authorize the Plaintiff association to “assess” more than
105% …:
“The total of the assessments for recurring common expense shall be not more than 105% of the assessments for this purpose for the prior year unless approved in writing by apartment owners …”
See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …
Here, there had been no “approval in writing” and the association falsified “assessments”.
LACK OF AUTHORITY UNDER THE GOVERNING DOCUMENTS, § 720.3085, F.S.
7. § 720.3085, Fla. Stat. (Payment for assessments; lien claims), states:
(1) When authorized by the governing documents, the association …
Here, the “governing documents” did not “authorize” “the association” to defraud Dr. Jorg
Busse. Id. Here in particular, the governing documents did not authorize the association to
extort, and violate said Section 6, OR 330 Page 498. As a matter of law, the fraudulent lien
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was null and void. See pleadings on file; see publicly recorded assessment payment records,
Dr. Jorg Busse; Bank of America, et. al.
PRIMA FACIE UNAUTHORIZED AND FRAUDULENT “lien”, § 720.3085, F.S.
8. Here without authorization, the association purported to have filed “instrument” 4285498,
OR 4445 PG 1665.
9. Here, Dr. Jorg Busse had made satisfactory payment in full. In particular, the association
knew and fraudulently concealed that Dr. Jorg Busse had made satisfactory payment in
full. See Google Blog Sites.
MOTION TO DECLARE PROCEEDINGS FRAUDULENT & UNAUTHORIZED
10. Dr. Busse had moved this Court to declare the proceedings fraudulent and unauthorized.
AFFIDAVIT OF PROTECTED HOMESTEADED NAPLES PROPERTY
11. This Court knew that
a. Dr. Jorg Busse’s record homesteaded property was protected;
b. The purported “Plaintiff” did not hold any legitimate and genuine lien on Dr. Busse’s
homesteaded Naples real property of record;
c. There was no “debt” pursuant to Dr. Busse’s publicly recorded payment records and the
“governing documents”.
EMERGENCY MOTION FOR INDEPENDENT ACCOUNTING AND AUDIT
12. Defendant Eugene C. Turner, an investor in bankrupt Orion Bank, knew that Defendant
Judicial Officers Chene M. Thompson and Richard DeBoest, II, fraudulently pretended a
falsified lien, which had been conclusively controverted by the publicly recorded payment
records on file.
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DEMAND FOR INDEPENDENT AUDIT AND ACCOUNTING
13. Here, Federal Defendant Eugene C. Turner had conflicts of interest and refused to recuse
himself even though Turner had invested in failed Orion Bank, which had managed the
purported Plaintiff’s money receipts prior to its bankruptcy.
14. Therefore, Dr. Jorg Busse demands an independent audit and accounting of any and all of
purported Plaintiff’s transactions under Florida law, and Ch. 718, Fla. Stat.
ONGOING THREATS & INTIMIDATION 15. Process server Nicholas Krancher, ID # 157188, was arrested on February 9, 2008.
16. The Twentieth Judicial Circuit Certified Civil Process Server Review Board, 2072 Victoria
Ave., Ft. Myers, FL 33901, has been monitoring Defendant process server Nicholas
Krancher.
COMPLAINT AGAINST NICHOLAS KRANCHER
17. Dr. Jorg Busse complained about troubled process server Nicholas Krancher with the
Twentieth Judicial Circuit Certified Civil Process Server Review Board.
DEFENDANT KRANCHER PERJURED HIMSELF
18. Troubled process server Nicholas Krancher never served Dr. Jorg Busse with any summons
and/or complaint. Defendant Nicholas Krancher had perjured himself and falsified
official documents. Here, Defendant Krancher knew that Dr. Jorg Busse had not been
served.
FRAUDULENT PRETENSES
19. Defendant Krancher fraudulently pretended attempted service at the Naples Courthouse.
20. Defendant Krancher could not have possibly attempted any service at said Courthouse.
21. Dr. Jorg Busse has not been any served party Defendant.
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22. Defendant Krancher pretends to work for:
Sherman & Associates, LLC 62575 Cleveland Ave., 2nd Floor Fort Myers, FL 33901 (239) 437-9600 [email protected]
DEFENDANT KRANCHER’S HISTORY OF DRUG/ALCOHOL ABUSE
23. Based on the public record evidence, troubled Nicholas Krancher was arrested and has a
history of drug and/or alcohol abuse.
24. Defendant Krancher perjured himself for criminal and illegal purposes on the public
record.
25. Dr. Jorg Busse lives in reasonable fear of further unlawful acts by Defendant Nicholas
Krancher and Krancher’s intent to further injure Dr. Jorg Busse.
EMERGENCY OF FURTHER INJURY
26. Defendant N. Krancher poses a threat. Dr. Jorg Busse has a Constitutional right to be free
of said intimidation, threats, perjury, and harassment.
SUMMONS, SERVICE, CHENE M. THOMPSON
27. Dr. Jorg Busse is suing Defendant Chene M. Thompson, a judicial officer, in Federal Court.
NO service – NO jurisdiction
28. Pursuant to the record, Dr. Jorg Busse was not served and did not submit to any jurisdiction.
NO debt – NO lien
29. Defendant Thompson knew that no debt had existed in this facially fraudulent action. Here,
nothing could have possibly become any lien on Dr. Jorg Busse’s record property.
BANKRUPT ORION BANK – DEF. INVESTOR EUGENE C. TURNER
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30. Orion Bank, the purported “Plaintiff’s” failed agent went bankrupt, and Defendant E. C.
Turner had invested in failed Orion Bank.
31. Prevention of publicly recorded foreclosure fraud is a top-ranking public agenda and an
EMERGENCY.
WHEREFORE, Dr. Busse demands
1. An Order declaring the falsified proceedings fraudulent and unauthorized under said
Chapter 720, F.S., and the Governing Documents of said association;
2. An Order for said independent audit and accounting pursuant to Florida law;
3. An EMERGENCY Order restraining Defendant Nicholas Krancher from any further
intimidation of and threats against Dr. Jorg Busse;
4. An EMERGENCY Order restraining Defendant Nicholas Krancher from any service upon
Dr. Jorg Busse;
5. An EMERGENCY Order restraining Defendant Nicholas Krancher from any further
perjury;
6. An EMERGENCY Order enjoining said perjury and fraud on the Court;
7. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it was
procured through perjury and fraud an on its face fraudulent;
8. An EMERGENCY Order striking said fraudulent “affidavit of non-service”, because it
violated Florida’s Rules of Civil Procedure;
9. An Order compelling Eugene C. Turner to SHOW CAUSE why Defendants’ facially
frivolous and illegal claims should not be summarily dismissed as supported by the
Affidavits and Public Record evidence on file;
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10. An Order compelling Eugene C. Turner to SHOW CAUSE why his “orders” and “rulings”
were not on their faces irrational, arbitrary, capricious, and null & void as evidenced by
the public record evidence, Affidavits, and Dr. Busse’s payment records on file.
11. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because he was so impaired that he could not perform the essential duties of a
judge in his shoes in this Case;
12. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s
shoes could have possibly determined Dr. Busse’s “liability” without first obtaining the
absolutely required “common expenses” [denominator in said fraction];
13. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s
shoes could have possibly refused to give full credit to the record evidence of payments by
Dr. Busse to the Plaintiff Association;
14. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer was not impaired and not objectively partial;
15. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer must not be disqualified under the Rules and based upon the conclusive
evidence of Dr. Busse’s payments to the Association on file in this and the related Case;
16. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer did not conceal that Dr. Busse was NEVER served;
17. An Order compelling the Plaintiff to disclose and produce the Association’s “common
expense” records as required by law;
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18. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”
records as required by law [see, e.g., Ch. 718];
19. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said
Official Records, By-Laws, and conclusive evidence on file;
20. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;
21. An Order for service of a notice of hearing upon Dr. Busse under said Rules;
22. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s
record title free and clear;
23. An Order declaring any and all unapproved assessments null and void under said By-Laws
and Public Records;
24. An Order compelling the Association to disclose any and all accounting and other records
since 2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in
particular the records of said failed and/or defunct Association agents;
25. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie
perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law
Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when
Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.
26. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,
and Declaration of Condominium.
CERTIFICATE OF SERVICE AND PUBLICATION
I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to
the Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record,
Platinum Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center
Way, Suite 102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D.
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DeBoest, II, Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901,
and to reassigned Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples,
FL 34112, on this 9th day of August, 2010. The pleading is also being published worldwide. See,
e.g., www.scribd.com.
/s/Jorg R. Busse, M.D., M.M., M.B.A. SIGNATURE, State Certified Residential Appraiser, Licensed Real Estate and Mortgage Broker P.O. Box 11124, Naples, FL 34101-11124, [email protected], 239-595-7074 CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.
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