From: Paul Kogan, Esq. <pkogan@koganprober.com>
Sent: Wednesday, April 29, 2015 4:00 PM
To: Whitehead, Judy; agw@gtclaw.com; Fernander, Dwayne; Adams, Robert; dcw@gtclaw.com , Graham Thompson & Co.

Subject: Re: Iva Dean and Ocean Point Estates et. al.

Ms. Whitehead,

This will now be my fourth email attempting to follow up on my previous email to you. When Mr. Ben Zvi originally hired GTC and Mr. Wells to represent him in his purchase, he thought he was hiring the best law firm in the Bahamas to help him complete the purchase. Understanding this, and as compensation for GTC’s services, Mr. Ben Zvi paid GTC $20,000, double the amount required of him. What he has received in return is the complete opposite of what he was promised.

During the entire purchase process, Mr. Wells and GTC acted with complete disregard for the best interest of their client and acted in what appears to be in their and the sellers best interest, including negotiating with OPEL on behalf of the seller. Mr. Wells and GTC, knowing that title disputes are a regular occurrence in the Bahamas, decided to conduct a simple title search using the parties named in the chain of title, instead of conducting a more comprehensive search that would have discovered a duel-chain of title, the same duel-chain that was discovered by Mr. Ben Zvi after employing his own title company in February. The second chain, Ms. Dean, was easily discovered as it has been in the record since 1998.

Prior to purchasing Poly Cay, and out of concern for potential issues that have arisen since his purchase, Mr. Ben Zvi inquired from Mr. Wells and GTC whether GTC’s opinion letter was the same as a title insurance policy, and multiple times he was assured that it was and that if any issues of title ever arise, GTC would be responsible. Now that a title issue has arisen, Mr. Wells and GTC refuse to honor what they had previously promised to do in writing. Furthermore, based on the GTC’s actions, it appears that they are taking advantage of the fact that Mr. Ben Zvi is a US citizen and hiding behind the jurisdiction of the Bahamian Courts.

When Ms. Dean first brought the title issue to the attention of OPEL and GTC, Mr. Wells informed Mr. Ben Zvi that this was nothing, that she was just trying to blow smoke, and that he should do nothing. This continued for a couple of years until Ms. Dean stopped blowing smoke, and lit the match by filing the lawsuit.  Prior to Ms. Dean’s claims against the Poly Cay, Poly Cay was listed for sale, and since the claim was made, OPEL has removed the sale. Nonetheless, OPEL continues to get offers for the purchase of Poly Cay but has to deny them due to the ongoing issues with the title.

The only thing that Mr. Ben Zvi is requesting from you at this point is for GTC to defend OPEL in this matter; he is not seeking anything more than that. Please provide my office with your intention concerning the law suit and whether you will stand behind your promises to OPEL and Mr. Ben Zvi. Furthermore, please provide me with a status update on the matter, including whether the Plaintiff has proceeded with the action and what the next step in the litigation is. 

Cordially, 

Paul Kogan

Paul Kogan, Esq. , Kogan Prober, P.A.

200 S. Andrews Ave, Suite 901 ,   Ft. Lauderdale, Florida 33301