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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Consumer Protection Law
Satisfied Customers: 17888
Experience:  B.A.; M.B.A.; J.D.
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To Phillip Esq / since your online now, & so well helped

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To Phillip Esq / since your online now , & so well helped me a moment ago in another streamso I ask this: considering the FL bar closed my brothers complaint citing , "statutes of limitations ran out."? This per a defective quit claim deed aka QCD . But I cant comprehend,,, if my home can't be sold, because there is no clear title to transfer , due to my attorney Z esq producing + E-filing a defective QCD . No title insurance could be purchased to satisfy the buyers mortgage co's demand for clear title . I read the title is to be reverted back to the grantors, which I asked my attorney Zeq & the opposition atty GB esq to do , they both ( my attorney & the oppositions atty) refused to respond. After 11 months of legal gamesmanship, three persons were forced to sign a QCD over to the buyer along with buyers modified for sale of real estate contract. So i ask , how can the title have run out per statutes of limitations, if it never was legal, never cured , thus the defective QCD either can't exist, or it lives until cured in some manner ? It never died , it never ran out. But the bar said statutes ran you see my frustration?Or is it true via "statute of frauds " : , that there is "no tolling of years" if the legal matter is regarding a real estate deed???
Submitted: 12 months ago.
Category: Consumer Protection Law
Expert:  Phillips Esq. replied 12 months ago.

I am not sure why your brother's bar complaint would be closed on Statute of Limitations grounds. Statute of Limitations only deals with the time someone must file a lawsuit or forever loses the opportunity to do so. A bar complaint is not a lawsuit and thus Statute of Limitations does not apply.

Customer: replied 12 months ago.
Im aware only 2 years were given to us to file suit, we did that in 2011 & aware of the statute ... per reasonable person to discover... tolling etc. I think. But I guarantee Positively that was the simple answer from the bar , the bar clearly stated case closed because statutes ran per the QCD. Bar complaint filed well before 6 years per rule by the bar to complaint per fraud vs 3 bar members.
This is why I ask you how wrong is the bar? You seem to think it is not a reason for the bar to close my case not pursue the bulk of my requests per fraud, collusion , cover up . The bar did not even ask or pursue all the fraud, cover up , the conspiring, dilatory acts,by the three attorneys. ( my brother filed 3 bar complaints.Thus I wish not to be treated the same way, avoiding the trigger of a 201 QCD , I'm tending to concentrate on the fraud, cover up, & making up conflicts of interest only protecting my attorney firm & the buyer steal my $900,000 assessed homestead , forced a sale for $387,000 in 2010 .. So can you elaborate on why you feel the bar can not use the statement statutes ran? ??The bar did not pursue asking either attorney any questions Bar , never asked about the collusion , fraud, dilatory acts exhibited in email s exhibited & explained what the atty's did to us. No resposne of any sort , only false irrelevant responses came back from one of the three atty's involved.its a long story s, hopefully you might glean some info on this that if I asked my attorney Z esq to file a quit claim deed in 2001, in 2009 it was 1st discovered by the buyers attorney , ie the opposition sued me for a breach in a real estate contract , where I did not know my realtor was conspiring with the buyers attorney (GB Esq ) ie representing the buyer & me simultaneously, lying about it , but on 12/30/09 GB esq admitted being involved from day one with my realtor.
Expert:  Phillips Esq. replied 12 months ago.

According to Florida Rules of Discipline, there is a 6-year limitation to bring a complaint to the bar. However, the limitation is tolled for concealment, fraud,and misrepresentation. I would think that your complaint to the bar would be timely based on the information that you have provided here. Your underlying lawsuit against the Attorneys is a separate matter from your complaint to the bar. The alleged running of the Statutes of Limitations on the lawsuit has nothing to do with the bar complaint. So, I am still not sure why your brother's complaint to the bar would be dismissed based on the running of Statutes of Limitations.

https://www.floridabar.org/divexe/rrtfb.nsf/FV/DF60BF4F67F76778852571630072A3EF

Customer: replied 12 months ago.
It so painful, my brother helped the Arizona bar years ago. He knows the difference of a bar wishing to work with the harmed client, & society. It's late I'll have mt brother call you soon. Need to make bullet notes , keeping a conversation on track. Insuring your hear the acts & games chronologically that were played. & the bar has cared less. It's late, when we see your one keith will try to call you per your offer above
Expert:  Phillips Esq. replied 12 months ago.

If you have further questions, do not hesitate to ask them on this thread.

In the meantime, a positive rating for my response is appreciated in order for me to receive credit for responding to your post.

Thank you!

Customer: replied 12 months ago.
I see your offline plus it will take some time organizing to make bullet points to talk about.
Phillip this is extremely helpful. But other JA.comers gave converse options. I love it that your right sayingquote "there is a 6-year limitation to bring a complaint to the bar. However, the limitation is tolled for concealment, fraud,and misrepresentation.end quote above.Im in fear the bar will seize any opportunity to close this complaint as they speedily did vs my brother. I f I write "there is a 6-year limitation to bring a complaint to the bar. However, the limitation is tolled for concealment, fraud,and misrepresentation.end quote above. Hopefully that stops the Bar from using statutes of limits vs me.
Do you have a little more to say , per the statements you made above ???? , ie ones above concealment, fraud & misrepresentation. Because those words exactly fit what three (3) attorneys did to me. So I can hang my hat on these words.
Expert:  Phillips Esq. replied 12 months ago.

My quote was extracted from Florida Bar Disciplinary Rules. So, when you make the statement, cite the Disciplinary Rule 3-7.16:

https://www.floridabar.org/divexe/rrtfb.nsf/FV/DF60BF4F67F76778852571630072A3EF

Customer: replied 12 months ago.
Once you gave me the language , google sent me to the FL Bar rule 3-7.16 just as your hyperlink does. This helps but i was looking for in my very 1st question ie in the beginning, asking for another response above per :
Customerquote : " if my home can't be sold, because there is no clear title to transfer , due to my attorney Z esq producing + E-filing a defective QCD . No title insurance could be purchased to satisfy the buyers mortgage co's demand for clear title . I read the title is to be reverted back to the grantors, which I asked my attorney Zeq & the opposition atty GB esq to do , they both ( my attorney & the oppositions atty) refused to respond. After 11 months of legal gamesmanship, three persons were forced to sign a QCD over to the buyer along with buyers modified for sale of real estate contract. So i ask , how can the title have run out per statutes of limitations, if it never was legal, never cured , thus the defective QCD either can't exist, or it lives until cured in some manner ? It never died , it never ran out. But the bar said statutes ran you see my frustration? " end quote .After I hear back , as i draft the two modified bar complaints , Ill put bullet points together....saving time as we speak soon.
Customer: replied 12 months ago.
But I guess its a moot point considering you say to an effect "the bar cant utilize statutes running " per a bar complaint. But they did.So I keep wondering if the defective deed does upon discovery or dies upon date a reasonable person should have doubted his attorney work product, and taken upon myself to know the FL constitution per never enjoining a homesteaded spouse .
Customer: replied 12 months ago.
if the defective deed dies upon discovery or dies at all , typo above
Expert:  Phillips Esq. replied 12 months ago.

Regrettably, I have nothing else to add to my previous responses. The alleged Statute of Limitations running on the QCD has nothing to do with the bar complaint.

Customer: replied 12 months ago.
im not good at getting my points across sorry , I'm just so curious looking for a yes or no answer , as I asked above , " is it true via "statute of frauds """" : , that there is "no tolling of years" if the legal matter is regarding a real estate deed??""" an answer may help me complete my bar complaints. Thank you .
Customer: replied 12 months ago.
http://homeguides.sfgate.com/statute-limitations-quitclaim-deed-6774.html
this link tells me 2 years t dispute a QCD, after that the deed is effective... . right or wrong in Florida ?
Customer: replied 12 months ago.
many games payed . legal plays i cant keep up , that is why I keep on this subject, i'm trying to see the true facts to then argue my bar complaint. my attorney Z esq refused to advise per his efiled QCD. he abandoned me. left me to hang there being sued for 7 months So if my detective Quit claim deed is legal its not disputable after 2 years of signing & efiling it...., then the title is real & good, thus the title co. cant say there is a cloud over it, & the buyer cant force me to cure the title , when the buyers attorney coerced by gamesmanship & dilatory legal actions to sell & cure the title after 10 months of gamesmanship. . , ( the buyer breached the FARBAR contract by not performing within a time standard of near 30-60- 90 days right or wrong? . But buyers atty.. forced us to cure the title is this not a reasonable thing to use to delay or demand my selling my home? right or wrong ? . ???

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