Lawyer to seek Stern's eviction
By K. NANCOO-RUSSELL, Freeport News Reporter
nancoo@nasguard.com
When he presents his case before Supreme Court Justice Anita Allen on Wednesday, March 14, prominent Bahamian lawyer Godfrey "Pro" Pinder will argue that the house that Anna Nicole Smith and Howard K Stern have been occupying since August does in fact belong to his client, G Ben Thompson.
In an exclusive interview with The Freeport News on Sunday, Pinder
explained that his client's purpose at the hearing is to regain possession of the house known as "Horizons," which is located on Bay Street in the Eastern District of New Providence.
According to Pinder, when his client, a close friend of Smith's, found
out that she was interested in moving to The Bahamas to have her baby and to escape the media frenzy in the United States, he offered her his house.
Thompson then searched for the house, bought it and had his lawyers
draw up the papers for it in her name, because although he was in possession, he wanted to have her purchase the house eventually.
The house, purchased by Thompson for $900,000, was put in Smith's name pending her signing of a mortgage and a promissory note. The mortgage and promissory note was for $950,000 since Thompson had made repairs to the house and provided Smith with maids, gardeners and other services.
Pinder claims that after this agreement was made, Smith declined to
sign the mortgage or promissory note.
"Well, in law once you do not sign those documents, you do not own the house. She never signed the mortgage so she was living in the house without any kind of ownership, but merely at the sufferance of the owner," Pinder explained. "She is called a tenant of sufferance, meaning she was just there at his will and whenever he wanted her to leave, she would leave."
Unfortunately, Smith died in Florida, on February 8 after collapsing in
her hotel room at the Hard Rock Hotel.
Citing the Latin maxim "Nemo dat quad nemo habet," Pinder explained that, according to law, if you do not have anything, you have nothing to give.
"So even though she has a will, she cannot include the property in the
will because she did not have it in the first place," Pinder reasoned.
When Smith declined to honor the agreement, Thompson then instructed the liquidator to put the property in his name and had his lawyers registerd the property.
Pinder maintains that since this action has been taken, it would be
difficult to prove that Smith, and now Stern, has any real legal claim
to the property.
Pinder has put in a caveat on behalf of his client, which is a warning
to Stern's counsel that if any claims are filed, Pinder must be notified
first.
"When I go to court on Tuesday, I will be asking that the court find
that the action does not survive the deceased, in accordance with the
Survivor of Action Act Chapter 79," said Pinder. "I will also ask the court to find the deceased and therefore the deceased's estate never had either legal or equitable title to the land. She was merely a tenant at sufferance and anybody who takes from her would take as tenants of sufferance and therefore the persons living in the house should not be allowed to be there."
Pinder says that he will request a writ of possession, which would
order Howard K. Stern to vacate the premises and would give possession to G. Ben Thompson.
Weighing in on the custody battle surround Smith's daughter,
Dannielynn, Pinder says that although Howard K. Stern's name is on the birth certificate, the problem is that where Stern's signature should have been, the lawyer Dion Smith Jr put his name.
"In America, the lawyer puts his name there, but in The Bahamas either a parent, someone who witnessed the birth, the midwife, or someone who lives in the house where the baby was born must sign there," explained Pinder.
"He is using American law in The Bahamas. That makes the birth
certificate defective. If the other lawyers pick up on it, then they could have that struck out and ask that a new birth certificate be ordered to be made with the father. They can ask that a DNA test be ordered to show who the father is."
Referring to Vergie Arthur's claim to guardianship, which she says she wants because she believes the child is in danger, Pinder explains that Bahamian law generally says that one may get guardianship of a child, from anyone, even the parents, if the child's life is in danger. Arthur has to prove this, though, says Pinder.
The paternity matter is currently before Justice Steven Issacs and has
been adjourned to March 16.
When asked about his thoughts on how the whole matter surrounding
Smith's time in The Bahamas has impacted the country, Pinder said he believed it has brought some good and some bad.
According to Pinder, the good includes the massive publicity that The
Bahamas has received, which he believes is positive for tourism.
"You couldn't pay for the publicity that The Bahamas has gotten," said
Pinder. "It has brought some good work for some people — the taxi
drivers, the hotels, etcetera. Financially, it's a boon."
Pinder feels that the bad involves the fact that it might have
reflected negatively on the moral value of the country.
"It is written that one should not mix God with manna, manna being most material things," said Pinder. "It also shows the seven deadly sins, the greed, avarice, jealousy and all the rest, that's mixed up in this."
http://www.thenassauguardian.com/national_local/288355910141893.php
Thanks for this info and for the paternity article. Pinder is on the ball!
Thanks for this info and for the paternity article. Pinder is on the ball!
Purchase Offers are written all the time subject to a mortgage and become part of the abstract of Title.
Title does not pass until the mortgage is signed by all parties and BOTH documents are recorded in the Clerk's Office. I know, this is the Bahamas, but from Pinder, it sounds like the same system, more or less.
Turn on Showbiz tonight..... they are going to cover some issues surfacing about Dannielynn that has "them" concerned -- her weight, sleeping habits, etc...