From: Jean Allan Sovik
To: "michael.delaney@doj.nh.gov"
Sent: Thursday, October 27, 2011 2:02 PM
Subject: NH RSA 477 and NH's interpretation
Dear Attorney General Delaney:
Please accept this email as a good faith attempt by me to understand the extremely complex issues incorporated into NH RSA 477 et al, and specifically RSA 477:3-a. As I continue to research the law with respect to my family's complaints there are more questions that my research into NH RSA 477, to include other state and federal laws, have spawned with respect to the legality of the claims of McLane's clients against my family's real properties located in New Hampshire. These properties have been located in Durham, Derry, Center Harbor, and No. Woodstock, NH. The value of these properties is in the tens of millions of dollars.
477:3-a Recording. – Every deed or other conveyance of real estate and every court order or other instrument which affects title to any interest in real estate, except probate records and tax liens which are by law exempt from recording, shall be recorded at length in the registry of deeds for the county or counties in which the real estate lies and such deed, conveyance, court order or instrument shall not be effective as against bona fide purchasers for value until so recorded.
Source. 1975, 428:3, eff. Aug. 17, 1975.
Recently I have read a white paper written by Charles Szypszak (http://gonzagalawreview.org/files/2011/01/gonlr43.7.pdf) Attorney Szypszak has first hand knowledge of my family's complaints with respect to the Oct 12 1989 fraud upon the court which is the subject of this email. Attorney Szypszak and his law firm Orr & Reno were removed from one of the related cases that ultimately resulted in the May 2, 1994 Settlement. You already have a Summary Document which includes details of the May 2, 1994 settlement in your files. After Attorney Szypszak was removed from the case for conflict of interest, he complained to me as to why I did not file a complaint against the Devine Millmet and Shaheen law firms for the fraud that they committed in 1989. In fact, when I retained the Upton firm, I asked Attorney Smith to proceed with those suits. I believe he went as far as to send the Shaheen firm a notice of my intent. But, then as the Summary Document explains Upton quit before it completed its work: It was paid off by a client of McLane Law Firm. Those claims, I was told, expired due to statutes of limitation issues.
Recently the Commissioner of the NHBD reported to me that his Department has closed my inquiry. His first reason was that the issue had already been litigated. But, when I asked which NHSC decision did he depend on, the 1996 or the 2006 decisions, he was unresponsive. The 1996 decision ruled that 1988 BankEast loan had been discharged, and therefore my family had to pay the Upon Law Firm its full $250,000 fee. The 2006 decision said it had not, and therefore my family owed more than $850,000 to McLane's clients SN et al.
We continue to ask, where does my family go to seek justice when the fraudulent and deceptive actors appear to have total immunity from justice? The final SN company that actually foreclosed upon the real property owned by the Jean E. Vorisek Family Trust in Center Harbor was SN Commercial, which is one of the SN companies linked to SN Properties that have recently filed for Bankruptcy in Delaware. SN Commercial is not a company regulated by the NHBD.
Investigator Tracy wrote me a letter stating that "at this time" the NH AG did not have resources to consider my complaint. Hernando de Soto, has been quoted in the "The Mystery of Capital", that: "A reliable and accessible public record of property rights is essential to private property ownership and to the formation of economic development". Considering, the confusion that exists within the interpretations of NH RSA 477:3-a, as to whether non compliance is voluntary, or that it is a form of tax evasion; it would appear to me the time 'time is ripe' for your Office to consider the fact set of my family's specific case. Not only does it involved the properties owned by the Jean E Vorisek Family Trust in Durham, Derry, and Center Harbor, now all lost to foreclosure; but it involves the answer to the question that I posed to your office late in 2010 with respect to the status of the Water Supply and Distribution System of the High Birches Springs that has not been responded to 'at this time'.
As you can see by the plethora of all my prior emails, along with other communications, my family's frustrations to find a jurisdiction that can assist us in our search for justice has only been heightened with the knowledge that other states' AG are actively assisting their citizens and taxpayers who have become victims of illegal foreclosures, and perhaps tax evasions. As always, I will be available for a consultation. You have all of my addresses.
Sincerely,
Jean E. Allan aka Jean E. Allan Sovik
