From: Paul Kogan, Esq. <pkogan@koganprober.com Sent: Friday, September 16, 2016 4:24 PM
To: HaraNN@state.gov US Embassy Nassau
Subject: Polly Cay – Graham Thompson
Mr. Hara,
Please be advised that I represent Mr. Eyal Waters. The Embassy and Mr. Waters have been communicating concerning Mr. Waters’ purchase of real property in the Bahamas several years ago and the current litigation that he is experiencing. As you are aware, Mr. Waters retained the service of Graham Thompson & Co (“GTC”) to represent him in the purchase of the Property. After visiting the US Embassy website and reviewing the “Real Estate Matters” disclosure and a list of “Attorneys and Lawyers in the Bahamas,” Mr. Waters retained the service of GTC to help him with the purchase of the Property.
During the three years that it took to purchase the property, GTC represented that Mr. Waters was receiving good and marketable title and that it conducted a thorough title search. After Mr. Waters finally obtained title to the property, which included an opinion letter from GTC insuring the title, issues began to arise. Once Mr. Waters obtained the title to the property the Plaintiff, Iva Dean, in the underlying lawsuit began to harass and question Mr. Waters title, and at all times, GTC continued to tell Mr. Waters that his title is good and that Ms. Dean had no rights to the title. Now, fast forward six (6) years since Ms. Dean originally made her claim, and Mr. Waters in embroiled in a lawsuit that GTC wants no part of, and claims that they have a conflict of interest.
As you are fully aware of the majority of the facts based on your previous communications with Mr. Waters, Mr. Waters did not receive a good and marketable title and GTC failed to perform the simplest of tasks in researching the title on the property by failing to find a dual chain. Based on GTC’s actions, GTC has its own best interest in mind and not my clients, and further taking advantage of the fact that Mr. Waters is not in the Bahamas and will have difficulty enforcing any action against GTC. Throughout the entire purchase process, GTC had its own best interest in mind and deceived my client into purchasing a property they knew or should have known that a dual chain of title existed and another individual would make a claim against the property.
As the note on Embassy’s website shows, these types of issues exist in the Bahamas and citizens should make sure that they hire a reputable attorney. Well, Mr. Waters thought he found a reputable attorney that would have his best interest in mind, but came to find out that the only interest GTC had in mind is their own. At this time Mr. Waters is in the process of preparing and commencing a lawsuit against GTC in the United States Federal Court for the fraudulent and misleading way that GTC treated Mr. Waters. Knowing the facts of Mr. Waters story and the potential danger to US Citizens in the future, we are requesting that the Embassy remove GTC from their listing of attorneys. Continuing to have GTC listed on the US Embassy website shows that the US Embassy does not have the best interest of its citizens in mind, and further shows that its relationship with those law firms is more important than protecting its citizens.
Should you have any questions, please feel free in contacting me.
Cordially,
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Real Estate Matters
The Bahamas Travel Advisory
Exercise increased caution in The Bahamas due to crime.
Violent crime, such as burglaries, armed robberies, and sexual assault is common, even during daylight hours and in tourist areas. U.S. government personnel are not permitted to visit the Sand Trap area in Nassau due to crime. Jet-ski operators are known to commit sexual assaults against tourists, including minors. As a result, U.S. government personnel are not permitted to use jet-ski rentals on New Providence and Paradise Islands. View resources here; https://travel.state.gov/content/travel/en/traveladvisories/traveladvisories/the-bahamas-travel-advisory.html