Posted on 02/04/2006 6:08:17 PM PST by Dooderbutt
First of all the price sounds like price gouging which is illegal and since Charlie Crist is running for Gov. he is agressively chasing these. Second, I went to Sunbiz.org and searched for the company listed. I couldn't find them. Couldn't find the Mr Falanga as being registered with the state. The only A. Falanga in their list was associated with a diving related business. He also hasn't registed as a fictitious name owner. I'm not a lawyer but it certainly sounds like this "company" isn't legit. There is also no way a lein can allow them to sell your house. That would take a court action and foreclosure. Lastly, according to the search I ran, the Miller Act is a law that requires contractors doing federal work to file a surety bond.
Again, I'm not a lawyer but I'd imagine some con artists saw the blue tarp and decided to send you and about 500 other people this same letter. Florida is well known for the scum bags who prey on homeowners on construction related issues.
If you are a young pretty blonde, missing, and presumed murdered...call Greta Van Susteren.
Your Senators are probably getting a piece of the action.
Take it seriously, in some states mechanic liens can be foreclosed on.
Most states now have laws in place that provide for damages three times the amount of frivolous or vexatious liens. Perhaps you can threaten with this. They could stand to loose $33k.
I assume that you do not have a contract with these people to put a tarp on your roof for $11K. Most states have what is called a "statute of frauds," which requires contracts over a thousand dollars be in writing.
I am afraid that you need to call an attorney and at least have him fire off a letter to these thieves and advise you of your status under Florida law. This would not cost you very much since you will have done all the homework for him. Remember that unless you get a FReeper, that is a Florida lawyer, we are all just armchair quarterbacks unless we are experienced with Florida law. Our advise can be very good but I wouldn't bet my home on it. We have all seen what Florida courts can do.
Hey Dooderbutt, put me on your ping list too, I would also like to see the progress on this one.
I looked up businesses with "crew69" or "crew 69" in all of Florida and came up empty. I then looked up "A. Falanga" and there are a LOT of those in Florida.
Either way, this seems like pure extortion. It might be likely this idiot had a contract with FEMA and not you. Did you ever meet this guy or company before? Did you have ANY type of agreement with them to pay before they started work? Did you sign any documents with them?
I had a bazturd roofer come to the house 2 years ago. He tried a stream of underhanded legal, emotional, and twisted logic tricks on me, which I expected he was used to seeing people cave on. Instead of getting worried, I went on the offensive and it would up costing the guy hundreds of dollars. I threw his ass on the street (figuratively), and over the phone I outlined my list of complaints and crimes he would be taken to court on if he didn't comply with my demands both in actions and dates to be completed. He backed down pretty quickly and got the hell out of Dodge.
Go on the Offensive. Pull out all the stops, and notify everyone who might care. You will get a lot of help. This guy could be charged with a few crimes for this tactic.
That is true. In Colorado a "Notice of Intent To Lien" must be given the property owner before an actual lien can be filed. A lien must also be filed within a statutory time period from when the work was done. (three months if I remember correctly) After the lien is filed it can be foreclosed. I did that once with a deadbeat company that was developing a subdivision and owed me quit a bit. They ignored the lien but boy did the foreclosure suit get their attention. I was paid within a few days.
Oh, someone said something about Homestead laws. Odds are that you waived any homestead rights when you signed your paperwork for your mortgage.
I checked sunbiz too. I also did a License check at DBPR Construction Industry Licensing Board. I sure see SCAM. Guess the idjits that sent the letter did not know us Freepers don't have MORON in lights on our foreheads.
Tourist season is also fraud season. The cons also like to travel south. Maybe Gypsies got tired of false roof and driveway repairs as a way to earn money.
How do I set up a ping list?
If they were even smart, they'd put out a letter like this with a small amount, say $300 - there are a lot of people out there that would probably pay it in a heartbeat rather than lose their house.
Even if I am in no danger of losing the house, I'm going to bring this to a lot of people's attention. It's just downright nasty what they are doing.
I would recommend that you follow up with a phone call in a couple of days. This is a scam. Do you think that some people will send them nmoney to settle? I betcha... and they did nothing to earn it!
I would recommend that you follow up with a phone call in a couple of days. This is a scam. Do you think that some people will send them nmoney to settle? I betcha... and they did nothing to earn it!
http://www.sio.org/html/miller.html
I think you're being scammed.
I have been following a similar path here in FL too...
First do not do anything without thought.
Second think again!
Everyone means well but can cost you a great deal of money.
Attorneys do not come free and guess what? YOU PAY! It should not be necessary!
There are lots of people to help you and they do not charge a dime!
If you have no contract with the "roofers" it is a bluff at this point. Even a lien is a very slow and drawn out process to get in place. If you respond to their notice keep copies and get a return receipt confirmation.
I have all the names of State officers if it seems too much to find them. I am working with an unpaid insurance claim, but many are the same people.
DO NOT PANIC and get the press involved. 15 minutes of fame will just make you look foolish...and the press loves to make us all out to be OLD FOOLS!
Take a deep breath and begin tomorrow to find out the real facts...good luck!
Relax about losing your home. You have seen the reaction of your fellow FREEPERS...they would barage the Governor with emails if necessary!
Hi Leni!
Glad to see you have the same advice...be calm and get state help.
This sure sounds like a scam is being tried.
All the folks saying to get aggressive (legal route) with them mean well, but from experience we know they will be glad to give you a letter saying it was a mistake! End of legal action! You are left with the legal bill.
Good!
I hope you kick their asses all the way to Tallahassee!
We're pulling for you.
Laura,
Governor Bush asked me to follow up on this issue.
The Corps of Engineers Blue Roof program is free to homeowners and liens cannot be placed on your home for accepting the free roof. We notified FEMA and the Corps of Engineers about letter you received and they are investigating. They did not contract directly with CREW69 but it may be possible that the company was a subcontractor. Attached is a press release issued by the Corps today to raise public awareness among unsuspecting homeowners that may have received the same letter as you.
Thank you for bring this issue to our attention.
Deirdre Finn
-----Original Message-----
From: Jeb Bush [mailto:jeb@jeb.org]
Sent: Sunday, February 05, 2006 8:55 PM
To: bobcarolh@bellsouth.net
Cc: Finn, Deirdre
Subject: RE: FEMA/Blue Roof Possible Scam? fup
this is an outrage. I appreciate you sending this to me. I will get my office involved on Monday.
Jeb Bush
It seems that quite a few letters like ours have gone out. In the letter from the Army Corps, they recommended that we contact our local authorities. If anything comes of this (like they nail the creeps) I'll be sure to let you know!
WOW! a letter from the big guy!
Good to see he is not happy. You may get a call from his office for a copy of the CREW69 letter so they can track down these scum.
I hope they get nailed.
Good luck and thanks for the update!
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