Professional Documents
Culture Documents
Plaintiffs,
EMERGENCY MOTION
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http://www.scribd.com/doc/35563611/GRANADA-CONDO-HOMES-ASSOCIATION-FRAUD-GOV-
DOCUMENTS
1. The purported Plaintiff and Plaintiff’s Attorneys falsified expenses and/or assessments. See,
e.g., attached O.R. 330, Pages 498, 472, Collier County Public Records.
2. The governing documents did not authorize the Plaintiff association to “assess” more than
105% …:
“The total of the assessments for recurring common expense shall be not more than
105% of the assessments for this purpose for the prior year unless approved in
writing by apartment owners …”
See O.R. 330, Page 498, 6. Fiscal Management, 6.2. Assessments …
Here, there had been no “approval in writing” and the association falsified “assessments”.
Here, the “governing documents” did not “authorize” “the association” to defraud Dr. Jorg
Busse. Id. Here in particular, the governing documents did not authorize the association to
extort, and violate said Section 6, OR 330 Page 498. As a matter of law, the fraudulent lien
was null and void. See pleadings on file; see publicly recorded assessment payment records,
4. Here without authorization, the association purported to have filed “instrument” 4285498,
OR 4445 PG 1665.
5. Here, Dr. Jorg Busse had made satisfactory payment in full. In particular, the association
knew and fraudulently concealed that Dr. Jorg Busse had made satisfactory payment in
b. The purported “Plaintiff” did not hold any legitimate and genuine lien on Dr. Busse’s
c. There was no “debt” pursuant to Dr. Busse’s publicly recorded payment records and the
“governing documents”.
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CONTESTED “lien”, VIOLATIONS OF GOVERNING DOCUMENTS
8. Dr. Jorg Busse gives notice of contest of the association’s unauthorized and fraudulent lien.
“(4) A homeowners' association may not file a record of lien against a parcel for
unpaid assessments unless a written notice or demand for past due assessments as
well as any other amounts owed to the association pursuant to its governing
documents has been made by the association. The written notice or demand must …”
Here, “pursuant to its governing documents”, Dr. Jorg Busse had owed absolutely nothing to
the association. No “written notice or demand for” any “amounts owed to the association
pursuant to its governing documents” has been made by the association. Here, the association
10. Defendant Eugene C. Turner, an investor in bankrupt Orion Bank, knew that Defendant
Judicial Officers Chene M. Thompson and Richard DeBoest, II, fraudulently pretended a
falsified lien, which had been conclusively controverted by the publicly recorded payment
records on file.
11. Here, Federal Defendant Eugene C. Turner had conflicts of interest and refused to recuse
himself even though Turner had invested in failed Orion Bank, which had managed the
12. Therefore, Dr. Jorg Busse demands an independent audit and accounting of any and all of
purported Plaintiff’s transactions under Florida law, and Ch. 718, Fla. Stat.
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ONGOING THREATS & INTIMIDATION
13. Process server Nicholas Krancher, ID # 157188, was arrested on February 9, 2008.
14. The Twentieth Judicial Circuit Certified Civil Process Server Review Board, 2072 Victoria
Ave., Ft. Myers, FL 33901, has been monitoring Defendant process server Nicholas
Krancher.
15. Dr. Jorg Busse complained about troubled process server Nicholas Krancher with the
16. Troubled process server Nicholas Krancher never served Dr. Jorg Busse with any summons
and/or complaint. Defendant Nicholas Krancher had perjured himself and falsified
official documents. Here, Defendant Krancher knew that Dr. Jorg Busse had not been
served.
FRAUDULENT PRETENSES
17. Defendant Krancher fraudulently pretended attempted service at the Naples Courthouse.
18. Defendant Krancher could not have possibly attempted any service at said Courthouse.
19. Dr. Jorg Busse has not been any served party Defendant.
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DEFENDANT KRANCHER’S HISTORY OF DRUG/ALCOHOL ABUSE
21. Based on the public record evidence, troubled Nicholas Krancher was arrested and has a
22. Defendant Krancher perjured himself for criminal and illegal purposes on the public
record.
23. Dr. Jorg Busse lives in reasonable fear of further unlawful acts by Defendant Nicholas
24. Defendant N. Krancher poses a threat. Dr. Jorg Busse has a Constitutional right to be free
25. Dr. Jorg Busse is suing Defendant Chene M. Thompson, a judicial officer, in Federal Court.
NO service – NO jurisdiction
26. Pursuant to the record, Dr. Jorg Busse was not served and did not submit to any jurisdiction.
NO debt – NO lien
27. Defendant Thompson knew that no debt had existed in this facially fraudulent action. Here,
nothing could have possibly become any lien on Dr. Jorg Busse’s record property.
28. Orion Bank, the purported “Plaintiff’s” failed agent went bankrupt, and Defendant E. C.
29. Prevention of publicly recorded foreclosure fraud is a top-ranking public agenda and an
EMERGENCY.
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1. An Order declaring the falsified proceedings fraudulent and unauthorized under said
2. An Order for said independent audit and accounting pursuant to Florida law;
4. An EMERGENCY Order restraining Defendant Nicholas Krancher from any service upon
perjury;
frivolous and illegal claims should not be summarily dismissed as supported by the
10. An Order compelling Eugene C. Turner to SHOW CAUSE why his “orders” and “rulings”
were not on their faces irrational, arbitrary, capricious, and null & void as evidenced by
the public record evidence, Affidavits, and Dr. Busse’s payment records on file.
11. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because he was so impaired that he could not perform the essential duties of a
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12. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s
shoes could have possibly determined Dr. Busse’s “liability” without first obtaining the
13. An EMERGENCY Order disqualifying and recusing objectively impaired Judge Eugene
C. Turner, because no reasonable, intelligent, and fit judge, juror, and/or person in Turner’s
shoes could have possibly refused to give full credit to the record evidence of payments by
14. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer was not impaired and not objectively partial;
15. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer must not be disqualified under the Rules and based upon the conclusive
evidence of Dr. Busse’s payments to the Association on file in this and the related Case;
16. An Order compelling said Judicial Officer Turner and the Court to show good cause why
said judicial Officer did not conceal that Dr. Busse was NEVER served;
17. An Order compelling the Plaintiff to disclose and produce the Association’s “common
18. An Order compelling the Plaintiff to disclose and produce the Association’s “accounting”
19. An Order dismissing Plaintiff’s fraudulent Complaint with prejudice pursuant to said
20. An Order providing Dr. Busse with mandatory access to the case file prior to any hearing;
21. An Order for service of a notice of hearing upon Dr. Busse under said Rules;
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22. An Order declaring the fraudulent lien null and void and/or not in effect and Defendant’s
23. An Order declaring any and all unapproved assessments null and void under said By-Laws
24. An Order compelling the Association to disclose any and all accounting and other records
since 2003 pursuant to said By-Laws, and Ch. 718, Condominiums, Florida Statutes, and in
25. An Order sanctioning Chene M. Thompson, Esq., Florida Bar 541540, for the prima facie
perjury and fraud on the Court she and her firm, Richard D. DeBoest, II, Condo & HOA Law
Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901, perpetrated on the record when
Thompson swore to and filed the fraudulent Affidavit (01/28/2010) to mislead this Court.
26. An Order taking judicial notice of the Plaintiff Association’s said By-Laws, Public Records,
I HEREBY CERTIFY that a true and correct copy of the above pleading has been furnished to
the Plaintiff, Granada Condominium Homes Association, Inc., and/or its agent of record,
Platinum Property Management, LLC, North Collier Corporate Center II, 1016 Collier Center
Way, Suite 102, Naples, FL 34110, Chene M. Thompson, Esq., Florida Bar 541540, Richard D.
DeBoest, II, Condo & HOA Law Group, LLC, 2030 McGregor Blvd., Fort Myers, FL 33901,
and to reassigned Judge Eugene C. Turner, Naples Courthouse, 3301 E. Tamiami Trail, Naples,
FL 34112, on this 9th day of August, 2010. The pleading is also being published worldwide. See,
e.g., www.scribd.com.
CC: Donna Woodruff, Facsimile: 239-252-8020, Clerk of Courts; Angela Turner, J.A.