Mike's Story: A Tangled Web of Fraud

By Guest Blogger: Mike Aliberti
South Florida

The following situation is a very difficult and lengthy ongoing matter that happened to me and for which I appreciate the offer to explain and share with you as a guest.

Manuel Marcelo Arvesu and Florida Title & Escrow Company conducted closings for their client, supposed licensed real estate broker Waldo Toyos III, the buyer in each transaction. Toyos III NEVER paid into escrow any required monies (deposits nor remaining balances of the selling prices).

Arvesu/Florida Title prepared closing statements showing the payoff of mortgages inducing each of the sellers to close, knowing that his client as buyer failed to pay required amounts in escrow. Each seller was paid net proceeds from other people's money in Arvesu/Florida Title's trust accounts. Each seller was represented by counsel to safeguard their interests.

Mortgages were NOT PAID according the closing statements leaving all financial/tax/legal liability with each seller despite transferring their titles. Yet, Arvesu/Toyos made monthly payments (in wrong amounts and many late) on mortgages that were NOT ASSUMABLE. Several months after each closing, the mortgages were paid in full. In my case, the loan was not paid for 22 months and for which I was being foreclosed 14 months after my December 31, 2003 closing from their wrong/missing/late payments which are still on my credit reports to this very day.

Arvesu/Toyos stole my social security number in February 2005, pretended to be me with the mortgage company to obtain the correct monthly payment, and then paid all outstanding amounts to remove the loan from default/foreclosure. Toyos then continued to pay eight more months on a NON ASSUMABLE mortgage in the proper amount until the loan was paid/satisfied by October 2005.

I filed a complaint to The Florida Bar against Arvesu that resulted in an audit/investigation of his trust accounts. The Florida Bar filed a Petition For Emergency Suspension which was granted by the Florida Supreme Court on June 30, 2006.

Arvesu was then disbarred on May 31, 2007 by the Florida Supreme Court after he signed a Disbarment On Consent on April 18, 2007 (the day before his trial) to which he agreed with all of the facts/findings of The Florida Bar audit/investigation.

Arvesu used his own notary seal on the special warranty deed transferring my title. I filed a complaint to the Office of The Governor which was found to be valid, resulting in the request for immediate resignation in July 2006. Arvesu attempted to contest the resignation, finally relinquishing his certificate and seal in December 2006.

A second complaint was filed to The Florida Bar against Mark Hutner, an associate attorney of Arvesu, whose discipline is pending for conflict of interest, lack of communication, and other misconduct (i.e. perjury).

Hutner along with Arvesu continued to appear in the 11th Circuit Court from January 2004 through December 2005 without my consent or knowledge stating that they were my lawyers for matters pertaining to units that I sold (i.e. transferred title) on 12/31/2003.

Arvesu/Hutner actually lost the cases and for which judgments were recorded against me, of which I had no knowledge. They appealed to the 3rd District Court of Appeals stating that they were my lawyers for the appeal with my consent (I NEVER KNEW). In other words, they submitted a Substitution of Counsel in January 2004 to remove my former attorney from representation BUT failed to file a Substitution of Parties to remove me from the matters for TWO YEARS.

I also filed a complaint to the Florida Department of Business & Professional Regulation in February 2005. Subsequently, the Division of Real Estate filed an Administrative Complaint to the Florida Real Estate Commission on January 17, 2008 against Toyos III for seven counts/charges for which he was found GUILTY by the probable cause panel.

Since Toyos III has contested the allegations of fact, a formal hearing is scheduled with the Division of Administrative Hearings on June 11-12, 2008. Administrative Law Judge Larry J. Sartin in Tallahassee will appear by tele-video-conference for the hearing being held in Lauderdale Lakes.

A second case (2005029655) is pending against Waldo Toyos Jr. (the father) as Toyos III was representing that he was a licensed broker when Jr. (the father) actually was the licensee. Throughout each closing, Toyos III supposedly had a sales associate license that was inactive to orchestrate the fraud/scheme causing the credit damages. The complete docket for the Toyos III hearing can be viewed online here.

Criminal investigations are ongoing by the Coral Gables Police Department Economic Crimes Unit for the State Attorney's Office in Miami and the Miami office of the FBI for the separate federal investigation. The ease with which licensed professionals as criminals like Arvesu/Hutner/Toyos can decimate a person's credit is AWFUL, with lifelong issues of a compromised identity.

They have wasted money to pay attorneys, (as many as six lawyers, one a former Circuit Court judge and another who killed himself on May 10, 2007) to harass/victimize consumers like me, waste judicial and my personal resources, as well as abuse the civil court system. After all, they have already been found GUILTY for counts/charges by other administrative/government and professional venues or organizations.

I hope that my sharing my personal and difficult situation can help you to avoid subsequent matters of your own - or at least to know some ways to help protect yourself from reading my examples (I have many more to share if you want to contact me personally).

Michael A. Aliberti, MSW.