- Report: #271761
Report - Rebuttal - Arbitrate
Complaint Review: Margaret DeMuynck, Salvatore Viviano, Paul J. Nicoletti, Exquisite Homes, Superior Cut Stone
Margaret DeMuynck, Salvatore Viviano, Paul J. Nicoletti, Exquisite Homes, Superior Cut Stone1 South Main Street Mt. Clemens, Michigan U.S.A.
Margaret DeMuynck, Salvatore Viviano, Paul J. Nicoletti, Exquisite Homes, Superior Cut Stone $$ EQUITY STRIPPING SCAM $$ Macomb Prosecutor's Office engaged in criminal activity with Viviano family to extort homes Mt. Clemens Michigan
*REBUTTAL Owner of company: Paul Nicoletti also represents PIO Masonry, Sal Viviano
*Consumer Comment: Nightmare on Highbury Court - Metrotimes 12/12/07
*Consumer Comment: Paul Nicoletti cozy with Sal Viviano / PIO and Judge Rudy Nichols
*REBUTTAL Individual responds: PAUL NICOLETTI RESPONDS TO SLANDEROUS STATEMENTS
His name is Salvatore Viviano (AKA Pio Masonry and Superior Cut Stone) and said if we didn't pay him the $50,000 not owed to him that he had connections, if we fought him, he would buy my attorney, the judge, the jurors and in the long run I would lose my home to him and the attorneys would get a lot of money. I truly thought his immigrant dropout punk who lived in his parents basement at the time was joking. That mistake has cost me eight years of hell, I am now homeless and out $1.5 million dollars.
What I didn't know is that this would be the only truthful statement that would ever come out of this 4th time convicted felon who now lives in a mansion and has 5 crews of illegal aliens working for him and still ripping off the masses.
Salvatore Viviano, has charges of two attempted murders, possession of a lethal weapon, assaulting a Police Officer, beating a man almost to death with a tire iron during a road rage incident, actually shooting another victim in a parking lot, twice beating and strangling his own cousin Dominic Matina, dozens of cases of fraud in civil actions, possession of marijuana and cocaine and who is self-admitted mentally ill and bi-polar. There are public records and transcripts that prove each of these crimes not including perjury, forgery, loan fraud, tax evasion and etc.
As Viviano claimed, my former attorney Paul J. Nicoletti threw my case, caused $1.5 million dollars in actual monetary damages, went on to represent Viviano in other actions, incorprated Viviano and had our property and equity transferred to Viviano through the Viviano run court.
Now Nicoletti is being sued by Fifth Third Bank for orchestrating a $10.8 million dollar loan fraud scam.
I lost my home even when it was proven that the brickwork was condemned, it was fully paid for with a signed receipt, there was no contract, there were over $50,000 of other accounts tacked onto my account, that expert witnesses and 25 other witnesses proved that massive fraud, perjury, forgery and a civil conspiracy to extort my property and sizeable equity was committed. I am not the only victim that lost their home to Nicoletti and Viviano.
I tried to have Judge Edward Servitto, Jr. dismissed for obvious bias and corruption but Chief Viviano said that Judge Servitto was not prejudiced in favor of a Viviano when awarding a $50,000 judgment for breach of contract for condemned work with no contract and then garnishing 100% of my wages!
This judgment was for 25,000 bricks that supposedly were stuffed into my chimney after Judge Servitto said he knew masonry and you can fit that amount of bricks into a chimney even though there were less than that on the entire 5,000 sq. ft. home. And this is after Soils, Materials and Engineering (SME) determined using a boris scope with videotaping capabilities that NOT ONE SINGLE BRICK was in the entire chimney.
Then the Shelby Twp. Building Dept. came out and determined that if there was a fire in the $50,000 chimney that it would fill up with toxic fumes and explode of the house and condemned it. There was no flashing or weepholes and the whole house should have been condemned but to remove the bricks is not an option as it would do structural damage.
Our home went to a Sheriff's sale for Viviano Construction that did not even exist! However, we had a redemption period and were going to redeem our home through Dennis Tamburo, Home Connection Mortgage.
Dennis Tamburo was my former loan officer and former main witness in the lawsuit. Tamburo was to provide a new loan for our home but instead obtained a loan to a non-existent entity of 'Matina Construction, Inc.' and then flipped it through loan fraud to Salvatore Matina and Paul Viviano for an illicit profit. We were evicted as ordered by the Viviano run court and they are now selling the home in a distressed market. Because of shoddy work by Salvatore Viviano the water damage has now caused black toxic mold at 52185 Highbury Ct., Shelby Twp., MI 48315. RE/MAX was sent a full legal disclosure but agent Greg Grant is still selling the home for $600,000 without disclosing the unclean hands, unclear title and all of the hidden defects.
Salvatore Matina, Dominic Matina, Gaetano Matina (EXQUISITE HOMES), Paul Viviano and my former loan officer Dennis Tamburo for Home Connection Mortgage in Harper Woods, MI all admitted under oath that they engaged in massive loan fraud that exceeded millions and they used this money to illegally purchase my home. There are videotapes and transcripts available of these admissions. I guess there is no denying this if they admitted to it under oath but Judge Mary Chrzanowski still awarded our home to them for no valid legal reason whatsoever.
The attorney that handled the illegal closing is Robert C. Horvath, Bloomfield Hills, MI who had his licensed suspended in the past for running a stolen auto part ring. Look under MICHBAR website.
The panel found that the petitioner did not have a proper understanding of and attitude toward the standards imposed on members of the bar, that he would not conduct himself in conformity with those standards in the future, and that petitioner could not now be safely recommended to the public, the courts or the legal profession as a person fit to be consulted by others. The petitioner had not accepted personal responsibility for the crime for which he was convicted and was not forthright in answering questions regarding his actual involvement in the crime. Based upon the amount of restitution ordered by the U. S. District Court, the petitioner had a far greater involvement in the conspiracy than he would admit. The panel also reported that the petitioner did not appear to have a cohesive plan to practice law, had no plans to carry professional liability insurance and presented no expectation of employment as a practicing attorney in the event he was reinstated."
Dennis Tamburo had to purchase back loans in another case and pay a $300,000 settlement to Amerifirst (his former employer) for writing hundreds of fraudulent loans. You can see this case in the Macomb County Circuit Court. Case No: 2005-000216-CK
Attorney Paul Nicoletti has stolen the property and settlements of several clients (see Oakland County Circuit Court records Case No: 2005-070592-CZ) and has been sued for legal Malpractice too many times to count. His former partner sued him for Espionage and Fraud and won, the MI Court of Appeals has sanctioned him several times for his unethical antics and it has been reported that he most likely will go to prison for a very long time for his role in the Fifth Third scam
Between Nicoletti, Tamburo, the Viviano's and Matina's there have well over 100 cases of 'alleged' fraud, yet only Tamburo has had to pay any sort of restitution to his victims to date.
Every case involving a Matina and/or cousin Viviano in the Macomb court has been dismissed or they are somehow rewarded property and equity due to the fact that the Chief Judge is named Antonio Viviano. And a new judge was just voted in, his son and their cousin, David Viviano. All of the current cases involving the Matinas and Vivianos (including my Quiet Title case) were transferred to Judge David Viviano.
REPEAT HISTORY- They even commit fraud against each other! On or about May 4, 2005 DOMINIC MATINA and other Plaintiffs commenced an action in the Macomb County Circuit Court, case number 05-1772-CB, against SALVATORE VIVIANO and other Defendants who added Third Party Defendant MATINA CONSTRUCTION, INC.
In that case the parties have asserted cross-allegations including breach of fiduciary duties, interference with advantageous business relationships, unauthorized encumbrances through mortgages and loans, misappropriation and failure to account for funds ". . . in the approximate amount of Six Hundred Thousand Dollars", diversion of funds for personal gain, conversion of assets, tortuous interference with contracts, assault and battery, trespass, clouding title through the filing of liens, negligence and for other wrongful conduct.
When my wife went to the Macomb County Prosecutor's office with another Victim who lost her home to these felons, Attorney Nicoletti got an ex-parte PPO against my wife and the victim Karen Stephens (librarian/teacher) banning them from having contact together. Let me explain, my wife is NOT to have contact with co-victim Karen Stephens. The Oakland County Circuit court with corrupt Judge Martha Anderson (who did not even have jurisdiction) ruled this ex-parte as if it was an emergency. The reason for this? You need at least a pattern of 2 or more victims to prove racketeering.
My wife has been arrested twice in court right before she was to testify favorably for Karen Stephens. She was arrested for being with Karen in court as a witness (!), not because she was near attorney Nicoletti (who stole Karens $215,000 settlement and withdrew from the case 10 months prior.)
She was arrested again (3rd time) and is a convicted felon as retaliation for fighting to save our home and placing a lien on their property. She filed the lien after the Prosecutor's Office Margaret DeMuynck stated that when Viviano filed a bogus lien for work and materials not provided on our home that it was not a crime but a civil matter. It only became criminal when my wife did it. The jury was tampered with and that is how the felony was given to my wife.
HUGE CASE OF PROSECUTORIAL MISCONDUCT AGAINST MACOMB COUNTY AND PROSECUTOR DEMUYNCK: If the Prosecutors Office would have done their job back in 1988 when Salvatore Viviano tried to murder two innocent people he would have been in jail and never met my family or been able to destroy our lives. He certainly would not have been able to rack up 100s of victims and stolen the homes and money from several innocent and unsuspecting people. The two people who were shot at (one of whom was actually shot in the stomach) were able to testify that Viviano held the gun to them (one at his head) and tried to fire it over two dozens times but it was jammed only allowing two shots to go off. He kept screaming, "Your dead". If the gun did not jam, they would be dead. This was an unprovoked attack. All they did was ask Viviano to buy beer for them when he happened onto the same party store parking lot and they almost die? Viviano got 6 months jail and 6 months tether. That is it. They pleaded with the court to not allow him out into society ever again. And guess what? He is and more psychotic than ever.
Since then, Margaret DeMuynck, CHIEF OF WHITE COLLAR CRIMES (hypocritical?), has stood and protected these scumbags throughout decades of violent and massive crime sprees.
The bogus lien filed by Viviano initiated the 8 year vexatious lawsuit to steal our home in what is called EQUITY STRIPPING. DeMuynck claimed she would never prosecute ANYONE with the name of Viviano no matter what proof I had of his crimes including affidavits and volumes of evidence from other victims. This is after the MI State Police claimed that Salvatore Viviano should be in prison for a very long time but since DeMuynck will not prosecute a Viviano, it is out of their hands. And therefore, this scum roams the streets in a drug-induced, violent, mentally-ill state. And his home backs to a grade school which is truly frightening.
I have been told that I have a rock-solid case of Prosecutorial Misconduct and Selective Prosecution. The State Defender is claiming they entrapped my wife but that again is going in front of the Viviano run corrupt court.
$****UPDATE: According to the Director of SADO, Attorney Anne Yantus received a DEATH THREAT prior to her filing an appeal for my wife that included allegations of Margaret DeMuyncks unclean hands, entrapment and misconduct. So now 'allegedly' the Chief of White Collar crimes is issuing death threats against counsel and forcing them to withdraw out of fear?
Quite possibly Judge Edward Servitto and Judge Mary Chrzanowski are not corrupted as earlier suspected but actually threatened as it is a pattern. The judges in my cases usually rule strongly in our favor early on and then they are threatened and then they made the heinous, bogus and legally void decisions to transfer our property rights to these lifetime criminals. This equity stripping scam has gone from covert to overt with Margaret DeMuynck at the helm.
We should be awarded a huge amount of damages but Chief Judge Viviano/DeMuynck are so big that I can't find any one in the State of Michigan to go after them or felon Salvatore Viviano who still holds a builder's license in Michigan! Margaret DeMuynck should be in Federal Court for Obstruction of Justice and a slew of other crimes. We are currently looking out of state for counsel and with the multiple victims and the huge monetary damages, I hope someone will go after them.
The FBI will probably take all of Nicoletti's assets in the Fifth Third case and I am reporting all of them including Tamburo to OFIS because Tamburo is continuing to write fraudulent loans in the millions for his Viviano/Matina clients so they can continue to conduct business fraudulently because no one will do anything to stop them.
The Oakland Press: Local News
In his role as owner of Continental Title, Bloomfield Hills attorney Paul Nicoletti helped the straw buyer appear to have paid the down payment herself, ...
theoaklandpress.com/stories/100706/loc_20061... - 41k - Similar pages
It appears as if Margaret DeMuynck is making a ton of money off of builders, contractors and the Matina's and Viviano's for NOT PROSECUTING them. She is in so deep right now and a reporter doing this story said she is shooting herself in the foot by only coming after my wife and not the real felons. I am hoping the story will produce public outrage. This is costing the taxpayers a fortune for all of the 100s of other cases of fraud filed by victims in civil litigations that have arisen for one reason only: Margaret DeMuynck refuses to get these criminals off of the streets and protect the public.
For verification purposes, every single allegation is documented as a public, court or police record and is readily available for viewing.
Shelby Twp., Michigan
This report was posted on Ripoff Report on 09/01/2007 06:44 AM and is a permanent record located here: http://www.ripoffreport.com/r/Margaret-DeMuynck-Salvatore-Viviano-Paul-J-Nicoletti-Exquisite-Homes-Superior-Cut-Stone/Mt-Clemens-Michigan-48043/Margaret-DeMuynck-Salvatore-Viviano-Paul-J-Nicoletti-Exquisite-Homes-Superior-Cut-Sto-271761. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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