From: Paul Kogan, Esq. <pkogan@koganprober.com> Sent: Monday, March 2, 2015 3:39 PM
To: Whitehead, Judy; agw@gtclaw.com, Graham Thompson & Co
Subject: Polly Cay – Dual Title Chain – Eyal Ben Zvi
Ms. Whitehead,
Attached please find a title search done by a title company in Florida. As you can see by the title search, there is a clear dual chain that was found in the records. If GT and Mr. Wells would have completed a proper title search, the dual chain would have been discovered and OPAL would not be involved in this giant mess. Please advise as to why this was never discovered prior to OPAL purchasing the property.
Thank you,
—
Paul Kogan, Esq. Kogan Prober, P.A.
200 S. Andrews Ave, Suite 901Ft. Lauderdale, Florida 33301
(954) 281-8888 – office
From: Paul Kogan, Esq. <pkogan@koganprober.com>
Sent: Monday, March 9, 2015 8:53 PM
To: Whitehead, Judy; agw@gtclaw.com , Graham Thompson & Co
Subject: Re: Polly Cay – Dual Title Chain – Eyal Ben Zvi
Ms. Whitehead, I am following up on the email below. Mr. Ben Zvi and OPEL deserve an explanation after all of these years as to why something so simple was not discovered by GT or Mr. Wells prior to the purchase. I understand that you are in the Bahamas, and Mr. Ben Zvi is not, but that should not make a difference, and they are owed an explanation.
Cordially,
Paul
Paul Kogan, Esq. Kogan Prober, P.A.
From: pkogan@koganprober.com
Date: Fri, 27 Mar 2015 19:44:16 -0400
Subject: Iva Dean and Ocean Point Estates
To: jaw@gtclaw.com, Judith A. Whitehead Graham Thompson & Co
Ms. Whitehead,
as a follow up to our conversation from last week, you made three separate points to me concerning the OPEL matter: (1) Sir Michael has finished his review of the matter and believes that the Plaintiff’s case is not viable and will fail at trial and that he recommended amending the defence to add a limitation defence; (2) the reason GT and Mr. Wells did not find the dual chain is because they only looked back 35 years as required by law; and (3) concerning the letter sent by the Plaintiff, you believe that it’s a shake down.
In reference to your 2nd point, as you are aware of, a title search was conducted by IDM that showed the dual chain title was recorded six times between 1997 and 2000, furthermore, OPEL, at its expense also had a title search conducted by a Bahamian law firm that showed the same recorded documents as IDM.
I have talked to Eyal concerning a potential settlement, and on your previous advise to him, he does not want to settle as it could potential bring others out of the woodwork. Furthermore, a full trial of this matter will help resolve any future issues that may arise as a certificate of title will be issued by the government upon the rendering of the judgment.
Lastly, and as a follow up to my previous emails to you, OPEL still expects GT to fully defend OPEL in this matter. As Mr. Wells stated in his email to Eyal on September 10, 2009, the opinion letter issued by GT “Essentially provided insurance on the title so that you would not encounter any difficulty in the future … and if you did and we could not correct the problem we would be liable to make good any loss suffered.” That email was further reassured by Mr. Wells email dated November 5, 2009 which stated “our Report on Title does indeed provide Ocean Point Estate with an opinion that the title to the property is good and marketable so that in the event that you tried to sell the property and you encountered any problem we will be responsible to either correct the problem or make good any loss that you may suffer subject to the qualifications in the Report.” Furthermore, on June 28, 2012, Mr. Wells reassured Eyal via email that “in any event we are responsible to deal with any issues that may arise that affects the title that we did not tell you about.”
Please advise what GT’s intentions concerning this matter are at this point and going forward and whether GT intends to fully defend OPEL in this matter.
Cordially —
Paul Kogan, Esq.
Kogan Prober, P.A.
200 S. Andrews Ave, Suite 901, Ft. Lauderdale, Florida 33301