Stern Show Dominic in trouble again?

Discussion in 'The Howard Stern Show' started by the G-man, Feb 5, 2016.

  1. the G-man

    the G-man Well-Known Member

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    A judge rejected some of a suspended matrimonial attorney's defenses in an action to establish a bank's mortgage rights to the attorney's multimillion-dollar Long Island house.

    JPMorgan Chase Bank filed a quiet title action asking a judge to declare that the bank's rights to the an unoccupied Shelter Island property were above those of Dominic Barbara and his adult children.

    Barbara was a matrimonial attorney who had numerous high-profile clients before he was suspended in 2011.

    Last June, the Appellate Division, Second Department, in Matter of Barbara, 191354, suspended Barbara again, this time for an indefinite period, after a medical expert declared he was unable to practice law due to "mental infirmity, and because of addiction to drugs and alcohol."

    The bank argued there was no evidence to suggest Barbara had delivered a deed to his adult children, Jason and Elyse Figueiredo, which would have made their partial interest on the Shelter Island property effective in 2002—four years before a 2006 mortgage refinancing.

    In a Jan. 28 decision in JP Morgan Chase Bank v. Barbara, 11261/12, Suffolk County Supreme Court Justice W. Gerard Asher granted the bank's motion to dismiss two affirmative defenses. Other pending affirmative defenses—such as a laches argument and a contention Barbara was "suffering from a disability and/or incapacity" when executing the refinance agreement—are undisturbed by the decision.

    According to the bank's complaint, the property was conveyed to Barbara by a deed recorded by the Suffolk County Clerk's Office in 1991.

    A 1994 deed conveyed the property to Barbara and his wife at the time, and a 2002 deed, dated Feb. 11, returned the property solely to Barbara.

    On Feb. 14, 2002, Barbara brought Jason and Elyse to his office to sign "transfer documents" on the Shelter Island property that would transfer the property to him and his children.

    When the children signed the documents, they did not offer Barbara anything of value in exchange, nor did they receive or see the deed, Asher noted.

    In a deposition, Barbara's former office manager testified that Barbara instructed her to not record the deed.

    In 2006, Barbara applied to Washington Mutual Bank to refiance the mortgage, adding $400,000 to his preexisting debt of $2 million. The judge noted that Barbara said in his application that he was the sole owner of the property.

    Washington Mutual drew up a Consolidation, Extension and Modification Agreement. According to the complaint, the agreement was lost or inadvertently destroyed and, as a result, never recorded.

    JPMorgan Chase bought Washington Mutual in 2008. After filing the quiet action suit against Barbara, the bank found a duplicate original of the agreement at issue.

    In 2007, Barbara entered a prenuptial agreement with his soon-to-be wife, Leslie Barbara. In the prenup, he said he was the sole owner and would convey 16.67 percent of the property interest to Leslie.

    The prenup was silent on any ownership rights of Jason and Elyse.

    The deed with Barbara and Leslie was recorded in January 2008.

    In June 2009, the 2002 deed naming Barbara and his children as the owners was filed.

    The bank filed its suit for declaratory relief in 2012, saying its rights to the property were superior to those of Barbara, his children, or Leslie, who divorced Barbara and settled out of the quiet title matter.

    The bank's complaint said,"it appears that each of the defendants may have, or claim to have an interest in the premises (but any and all such interests are subordinate to the rights of the plaintiff)."

    In their answer, Barbara and his children said they had a complete defense based on the state's Recording Act, codified in Real Property Law §291.

    As Asher explained, the statute "protects a good faith purchaser for value from an unrecorded interest in a property," provided that the interest of the good faith purchaser was the first to be recorded.

    Barbara and his children said there was a presumption of delivery of the deed to the children in 2002, making it effective then.

    But Asher said the "inconsistent actions of the defendants would lead a prudent person to determine that a 'physical delivery' of the deed did not occur."

    As a result, he deemed the deed as delivered in 2009, when it was recorded, making it "second in time" to the bank's unrecorded consolidation agreement.

    The judge said the law protected "second in time" conveyances if two conditions were met: the party claiming protection under the Recording Act statute had to show they "paid a valuable consideration for the property" and, also, that they "had no knowledge of the unrecorded prior interest."

    Asher said that despite the children's claim they were unaware of their father's 2006 refinancing, they failed to demonstrate they paid valuable consideration for the Shelter Island property.

    The judge noted that between 2002 and 2009, the children's records, such as credit and loan applications and tax return preparations, were "all silent as to any ownership rights of the property in question."

    Michael Siris, of counsel at Solomon & Siris in Garden City represented JPMorgan Chase Bank.

    Matthew Dollinger and Joshua Krellen of Dollinger, Gonski & Grossman in Carle Place represented Barbara and his children.




    Read more: http://www.newyorklawjournal.com/id...ses-to-Attorneys-Mortgage-Claim#ixzz3zL4b9N2d
     
  2. flaflaflunky

    flaflaflunky Well-Known Member

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    Mayday!! Mayday!!! I'm on fire!! I'm on fire!!
     
  3. reno

    reno VIP Extreme Gold

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    What do you call 20,000 lawyers under the sea?



    A good start.
     
  4. Hugh Blowmont

    Hugh Blowmont Just be funny

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    I wonder if he still has the unwashed sheets from the first time Howchie hired Beth for sex...
     
  5. Buster Himan

    Buster Himan Well-Known Member

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    Counselor.
     
  6. Mr Cachexic

    Mr Cachexic Well-Known Member Banned User

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    i would bone siobhan just to get the opportunity to rabbit punch his fat fucking face repeatedly until i got tired
     
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  7. zhukov

    zhukov Time traveler Gold

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    God I hope so...karma
     
  8. DrivenByDemons

    DrivenByDemons Spinoff Jesus Staff Member

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    Steak for 2 for 1 please.
     
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  9. Sloppyjoe

    Sloppyjoe VIP Extreme Gold

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    I'M ON FIRE!!!!!
     
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  10. Javaforgotme

    Javaforgotme Well-Known Member Banned User

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    "Matter of Barbara" sounds like a good Shed alias.
     
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  11. Javaforgotme

    Javaforgotme Well-Known Member Banned User

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    More like "Jail-cell for two for one"
     
  12. al pacinos baby

    al pacinos baby Well-Known Member

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    I don't really know Dominic, he was just a guy that called into the show. - Howard Stern
     
  13. suckemnuckledus

    suckemnuckledus Well-Known Member

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    Karma is a mother fucker! Fuck Dom the scumbag!! Enjoy poverty you fat piece of shit!
     
  14. Mr Cachexic

    Mr Cachexic Well-Known Member Banned User

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    i love the show where stern tells dominic how pathetic he is for considering them close friends

    howard basically said he uses dominic for his beach house or something to that effect. it was lol
     
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  15. Mlaw

    Mlaw Quite Contrarian Gold

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    That fuck muscled his way into one of my calls to Howard discussing the Anna Nicole case, he didn't like Howard talking law with someone else :jj:
     
  16. al pacinos baby

    al pacinos baby Well-Known Member

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    Howard seems like a fair weather friend.
     
  17. Krinkle

    Krinkle What?

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    This.

    That guy was a total piece of shit.
     
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  18. imissalison

    imissalison f**k Mutt

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    Not sure why, but this makes me smile :)
     
  19. Shady_Jake

    Shady_Jake Well-Known Member

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    2 for 1 for 1! For me, Dominic!
     
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  20. Captain

    Captain Alto, Blanco y Guapo Gold

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    "In a deposition, Barbara's former office manager testified that Barbara instructed her to not record the deed."

    Don't know NY law, but in California that's the winner for the bank. Christ, what a fraudster.