In November 2006, Paola Jimenez (a Realtor with New Opportunity Realty: http://cacfrealty.com/website.asp?Id=242) found a potential buyer for my South Beach condominium (Mirador 1200). After getting a verbal offer, a few days passed before [New Opportunity Realtor] Paola Jimenez was able to figure who would be on the contract.

When I received the contract from Paola Jimenez, I was a bit thrown off by the language. I do not practice law nor do I pretend to but it seemed 'wrong'. Firstly, the contract Paola Jimenez put together had me selling my condo to a third person (Alvaro Arteaga) that I had no idea even existed who would then assign the contract to Paola Jimenez' original client Walter Medina. Additionally, there was an escrow deposit that I wanted increased to $3,000 with another $3,000 two weeks after for a total of $6,000.

After numerous calls to Paola Jimenez' mobile (786 277 8722), she finally told me that her manager at New Opportunity Realty reviewed the contract and that she would send a new one with all the revisions. Walter Medina was also in agreement with aside from other things, the escrow / deposit increase.

A few days later, another contract was faxed to me from Eastland Title in Doral / Miami however after all of Paola Jimenez' work, she opted to remove herself from the contract as Realtor which was odd given she orchestrated the entire purchase between myself and her client Walter Medina, who Paola Jimenez claimed to be the owner of Eastland Title Company.

Regardless, I moved forward with the purchase as I was in a rush to sell my condo and Paola Jimenez AND Eastland Title assured a closing within 30 days. More importantly, the contract reflected a $6,000 escrow / deposit held by Eastland Title.

Without going into too much drawn out detail, the closing was scheduled to happen before my leaving the country on December 5th. The actual date was December 1, 2006 however Eastland Title claimed they needed more time as did Walter Medina and Paola Jimenez of New Opportunity Realty (who now did not appear on the contract but was still orchestrating from her end).

I hired an attorney to represent me at the closing table but NOTHING happened. He communicated with the attorney(ies) from Eastland Title numerous times as well as with Lizette from Eastland Title but could still get no definitive answer with regards to a closing date.

WAY AFTER the initial 30 days, I make a final attempt to see if the buyer and his 'group' are still moving forward as they have been ignoring previous calls and was unsuccessful.

After receiving a letter drafted by my attorney requesting the escrow / deposit for client's failure to meet contractual obligations, Eastland Title responds with the 'story' that they have lost contact with their client Walter Medina (the supposed owner / partner of Eastland Title Company). Eastland Title ALSO realized that they did not have the escrow / deposit therefore the contract never even existed in the first place so I was free to sell my property.

Eastland Title Company, it's attorney(ies) and / or it's employees reviewed the contract and even confirmed on two occassions that the escrow / deposit was at Eastland Title.

Come clean Eastland Title Company. Give me the escrow / deposit that is due me.

Stop supporting fraud Paola Jimenez. If Henry Roger (your boss at New Opportunity Realty) knew your role in this, I'm sure he'd be less than happy. You knew this was going to end this way because most banks don't like the way the contract was constructed and that is why you never wanted to give me your client Walter Medina's address or ANY information on him.

Walter Medina, I'm sure you've done this many times and will continue to do so but your tactics (and the long arm of the law) will catch up with you. Do the right thing. It's in your best interest to see that my escrow / deposit is given to me for your failure to meet your contractual obligations. I have been more than understanding and have bent over backwards waiting for you to get funded and ended losing money as a result of dealing with you. Do the right thing...

Ivan
Miami Beach, Florida
U.S.A.