- Report: #999949
Complaint Review: Geoff Bramwell John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract Deceit Fraud Fraudulent and Negligent Misrepresentations in Nicaragua - Vancouver British Columbia
Reported By:
Grupo Mariana -
Managua, Other, Nicaragua
Submitted:
Updated:
-
Author Not Confirmed
Why?
Geoff Bramwell John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract Deceit Fraud Fraudulent and Negligent Misrepresentations in Nicaragua
1332 Franklin St. Vancouver, V5L 1N9 British Columbia, United States of America
Phone:
604-254-1844
Web:
http://nicaprojects.com/
Categories:
Business Rating:
(0)
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Geoff Bramwell, John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua AKA: El Faro Developments S.A., Tamarindo Beach & Ocean Estates, Toucan Properties S.A., Nica Projects Ltd, Lighthouse Enterprises Ltd., Brammy Bros. Properties Ltd. and Brammy Bros Painting & Restora Geoff has lied about his name and he's lied about where he lives and the lies don't stop there. Vancouver, British Columbia
*Author of original report: Facts About Geoff Bramwell, John Bramwell, Tamarindo Beach Ocean Estates and Los Suenos Island Resort Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua
*REBUTTAL Owner of company: Update on Kevin Fleming & Isla Mariana/Seaside Mariana/Grupo Mariana Collapse
*Author of original report: Edward Albert Cole (AKA. Ted Cole and Grupo Coleli) Exposed for Irregular and Illegal Activities in Nicaragua
*Author of original report: Legal Matters Resolved in Nicaragua: A New Mariana Emerges from the Past and Embraces the Future
*Author of original report: Legal Matters Resolved in Nicaragua: A New Mariana Emerges from the Past and Embraces the Future
*Author of original report: Geoff Bramwell False Statements Continue
*Author of original report: SCEASE AND DESIST ALL DEFAMATION OF GRUPO MARIANA, S.A. AND RELATED COMPANIES, NICARAGUA DEVELOPMENTS S.A., PACIFIC PROPERTIES, S.A., KEVIN FLEMING AND MARIA RUEDA’S CHARACTER AND REPUTATION
*Author of original report: Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada
*Author of original report: British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online
*Author of original report: British Columbia Supreme Court Grants Kevin Fleming Permission for “Alternative Service” against Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd.
Geoff Bramwell is from Vancouver, BC and is nothing more than a rival developer with a big chip on his shoulder. His development borders Isla Mariana Beachfront Retreat and is called Tamarindo Beach and Ocean Estates and Los Suenos Island Resort/Suenos Development S.A.. Geoff has lied about his name and he's lied about where he lives and the lies don't stop there. What you're seeing reflected in his post and emails is an increasingly desperate man who is trying to mask the truths of his desperation.
Here are the facts. Geoff Bramwell is a former associate of ours jealous of an enterprise that created success rapidly. In 2005, Geoff Bramwell negotiated secretly to purchase land through a Nicaraguan attorney in the amount of USD $1,200,000 that was under contract to our company for half the price. Geoff Bramwell brought in his brother John Bramwell and they formed an anonymous company (Toucan Properties S.A.) in order to conceal who was purchasing the land and made deposits to the Vendor in a Panamanian bank account on October 17, 2005 in the amount of USD $30,000 and November 2, 2005 in the amount of USD $350,000 for the purchase of the land and carry the balance owed on a mortgage to the Vendor.
In 2006, Geoff Bramwell and his brother John Bramwell then proceeded to purchase another title what is known as an Agrarian Title with with 275 Manzanas (473 Acres). Had they done their due diligence, they would have known it was a fake.
Why did they buy it?
Consider this. Land values on the island were not cheap, yet Geoff and John Bramwell were offered an Agrarian Title priced at roughly 4% of the established price per manzana on the island and to Eduardo Jose Yrigoyen. In a rational person this would set off all kinds of alarm bells, but the key word here is "rational."
I'm not a mind reader, but I assume that Geoff and John Bramwell figured that if they could purchase the Agrarian Title for a 96% discount off the market price on the island they would have plenty of money left over to try to make it legitimate. And that's exactly what they tried to do. The Agrarian Title sequence was out of order, the type of land (mostly mangroves) was inappropriate for an Agrarian Title, the official paper was incorrect, and further irregularities piled up from there. To top it off, the official governmental office of land titles could find no evidence that the Agrarian Title ever existed. Despite all contrary evidence, Geoff and John insisted that their title was legitimate and attempted to extort Kevin Fleming, Maria Rueda and the owners of property on the island.
We are pleased to report that what we have believed for a long time has been comprehensively and unequivocally proven. Indendencia, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued an official letter stating there is no evidence of the existence of the Agrarian Title. The Agrarian Title is not valid as decided by the highest official office of titles in Nicaragua. This is a very important development for all owners at Isla Mariana.
As you may know, for years the Bramwells have been maintaining that they need a letter from Intendencia to demonstrate the validity of their Agrarian Title and a Letter of No Objection from the Republic of Nicaragua. The highest Director within the official title office of Intendencia, Mr. Ciro Orozco Berrios, has issued a letter.
Intendencia de la Propiedad, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued 3 official letters in three different consecutive government administrations stating there is no evidence of the existence of the Agrarian Title held by the Bramwell's for the project Tamarindo Beach & Ocean Estates, Los Suenos Island Resort and Nica Projects.
In regards to the Agrarian Title, an official at Intendencia de la Propiedad confirming its existence in July 2007 generated a letter; however, the person who issued the letter was subsequently fired under strong public allegations of fraud. Prior to that, there were three letters issued by officials from different governments within Intendencia de la Propiedad stating that the Agrarian Title has no registration record in their office.
Not only has Intendencia, the highest governmental body in the country that authenticates titles, declared that the Bramwells' Agrarian Title does not exist, they have also named and referenced the exact title number, exact volume, page and seat. The bottom line is that the Bramwells will never receive the letter they need because the Agrarian Title it does not exist.
In essence, the Bramwells gambled. They hoped to purchase an Agrarian Title for pennies on the dollar and later find a way to make it legitimate. Thankfully, in the end the bet did not pay off. They have no viable development, no legitimate title and no title insurance. Soon the Agrarian Title should be annulled.
It was more bad news for the Bramwells when they tried to get title insurance for the Agrarian Title in their project, Tamarindo Beach and Ocean Estates. First American Title Insurance Company declined their request for title insurance on the Agrarian Title. But that did not stop Bramwells from continuing to advertise their land to unsuspecting buyers that eventually led to a lawsuit and judgment against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd., NOT Kevin Fleming.
Download Judgment Against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd.
The Bramwells have maintained that the Agrarian Title overlaps Isla Mariana and that we must move. In addition to the official disclosure from Intendencia, First American Title Insurance Company and the law firm of Garcia Boden ruled that there was no evidence to support the Agrarian Title and that the title may be located in an area elsewhere according to the same Agrarian Title description. (That is if it were real, which we now have unequivocal evidence that it is not.) We are not going anywhere. We have a legal right to be where we are.
We will not be accepting any deals from the Bramwells because we feel it could jeopardize our owners. The Bramwells offered us millions of dollars to keep quiet and allow them to get title insurance on the Agrarian Title. We refused because we could not accept a deal when we have evidence to the contrary regarding the Agrarian Title. We are simply not willing subject our owners to the adverse consequences, regardless of the money.
The Attorney General of the Republic of Nicaragua has issued an official signed letter declaring that the government has no objection to the location of Isla Mariana. The official document, which is referred to as a Letter of No Objection, is crucial because such a letter can never be issued twice for the same piece of land.
The official document, which is dated April 8, 2008, gives clear authorization for the location where Isla Mariana currently stands. The document also acknowledges all deeds purchased by Isla Mariana. The entire landmass of Isla Mariana has been recorded and detailed, deed-by-deed.
The letter issued by the Attorney General of Nicaragua establishes Isla Mariana as the owner of the land in question. With the issuance of the letter, the Republic of Nicaragua has made it known that they recognize Isla Mariana to be on State land but in granting an official Letter of No Objection, the government is affirming and protecting Isla Mariana's rights as a good-faith third party purchaser.
The Bramwells Agrarian Title has been a source of contention on the island. The Republic of Nicaragua, INETER and the Municipality of Leon have weighed in on the matter. The island in its entirety has undergone a thorough investigation. The Republic of Nicaragua has concluded that the Agrarian Title does not correspond to the area that Isla Mariana is located. In addition, the Attorney General of Nicaragua has raised serious concerns about the origin of the Agrarian Title.
With the issuance of the Letter of No Objection, the government is confirming its position of upholding the rights of good-faith third party purchasers, such as Isla Mariana. In doing so, the Republic of Nicaragua is taking a positive step toward resolving property disputes that have been ongoing in the area.
We've have been acting in good faith throughout the difficult process of development at Isla Mariana. When a problem was discovered, we were adamant about not exposing future owners to risk. We have been diligently trying to resolve the matter, while simultaneously contending with multiple difficulties and delay tactics generated by the Bramwells.
If Geoff and John Bramwell could find a way to make their Agrarian Title legitimate they stand to earn millions, if not tens of millions of dollars in profit from their development. There seems to be one major hurdle standing in their way. As you may have guessed, based on the venom theyve been aiming in our direction, that hurdle would be the truth. They don't care for our company, Kevin Fleming and Maria Rueda because we're standing in the way of their duplicity.
As you know, the obstructionist behavior displayed by the Bramwells has made moving forward in a positive manner difficult. However, with their Agrarian Title finally and thoroughly discredited we are now free to proceed forward. We are pleased to announce as a result of due diligence and hard work, Isla Mariana Beachfront Retreat is firmly on track and stronger than ever. While the operations of many other developers in the region have come to a halt for lack of permits, we remain on-track and steadfastly moving forward.
As we have mentioned, the Bramwells had no option but to fight because they were aware that without the Agrarian Title they would have nothing. We were standing in their way and thus they had strong incentive to attempt to sully our character. Any emails received from them are more readily understood when viewed from that vantage point.
Perhaps, buyers are wise to ask Geoff and John Bramwell, which title they are currently attempting to sell properties to unaware buyers in Nicaragua at Tamarindo Beach & Ocean Estates and Los Suenos Island Resort. Is it the discredited Agrarian Title or the original title purchased from the Vendor for the purchase price of USD $1,2000,000.
The Bramwells emails and post are truly out of line. Having one's back to the wall can bring out a viciousness that is frightening to witness. And that is exactly what we're seeing from their recent actions and communication. Any message from John and Geoff Bramwell should be viewed through the lens of what it is - the ranting of a men with their back against the wall and nothing to lose.
In future communication, we will reveal additional details about the newly established relationship between Edward Albert Cole, Carmen Elizondo and the Bramwells. In addition, you will learn more facts about the Bramwells, Panama Offshore Services International, Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation, Toucan Foundation and the real identity of the Seaside Mariana Investor Union.
Here are the facts. Geoff Bramwell is a former associate of ours jealous of an enterprise that created success rapidly. In 2005, Geoff Bramwell negotiated secretly to purchase land through a Nicaraguan attorney in the amount of USD $1,200,000 that was under contract to our company for half the price. Geoff Bramwell brought in his brother John Bramwell and they formed an anonymous company (Toucan Properties S.A.) in order to conceal who was purchasing the land and made deposits to the Vendor in a Panamanian bank account on October 17, 2005 in the amount of USD $30,000 and November 2, 2005 in the amount of USD $350,000 for the purchase of the land and carry the balance owed on a mortgage to the Vendor.
In 2006, Geoff Bramwell and his brother John Bramwell then proceeded to purchase another title what is known as an Agrarian Title with with 275 Manzanas (473 Acres). Had they done their due diligence, they would have known it was a fake.
Why did they buy it?
Consider this. Land values on the island were not cheap, yet Geoff and John Bramwell were offered an Agrarian Title priced at roughly 4% of the established price per manzana on the island and to Eduardo Jose Yrigoyen. In a rational person this would set off all kinds of alarm bells, but the key word here is "rational."
I'm not a mind reader, but I assume that Geoff and John Bramwell figured that if they could purchase the Agrarian Title for a 96% discount off the market price on the island they would have plenty of money left over to try to make it legitimate. And that's exactly what they tried to do. The Agrarian Title sequence was out of order, the type of land (mostly mangroves) was inappropriate for an Agrarian Title, the official paper was incorrect, and further irregularities piled up from there. To top it off, the official governmental office of land titles could find no evidence that the Agrarian Title ever existed. Despite all contrary evidence, Geoff and John insisted that their title was legitimate and attempted to extort Kevin Fleming, Maria Rueda and the owners of property on the island.
We are pleased to report that what we have believed for a long time has been comprehensively and unequivocally proven. Indendencia, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued an official letter stating there is no evidence of the existence of the Agrarian Title. The Agrarian Title is not valid as decided by the highest official office of titles in Nicaragua. This is a very important development for all owners at Isla Mariana.
As you may know, for years the Bramwells have been maintaining that they need a letter from Intendencia to demonstrate the validity of their Agrarian Title and a Letter of No Objection from the Republic of Nicaragua. The highest Director within the official title office of Intendencia, Mr. Ciro Orozco Berrios, has issued a letter.
Intendencia de la Propiedad, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued 3 official letters in three different consecutive government administrations stating there is no evidence of the existence of the Agrarian Title held by the Bramwell's for the project Tamarindo Beach & Ocean Estates, Los Suenos Island Resort and Nica Projects.
In regards to the Agrarian Title, an official at Intendencia de la Propiedad confirming its existence in July 2007 generated a letter; however, the person who issued the letter was subsequently fired under strong public allegations of fraud. Prior to that, there were three letters issued by officials from different governments within Intendencia de la Propiedad stating that the Agrarian Title has no registration record in their office.
Not only has Intendencia, the highest governmental body in the country that authenticates titles, declared that the Bramwells' Agrarian Title does not exist, they have also named and referenced the exact title number, exact volume, page and seat. The bottom line is that the Bramwells will never receive the letter they need because the Agrarian Title it does not exist.
In essence, the Bramwells gambled. They hoped to purchase an Agrarian Title for pennies on the dollar and later find a way to make it legitimate. Thankfully, in the end the bet did not pay off. They have no viable development, no legitimate title and no title insurance. Soon the Agrarian Title should be annulled.
It was more bad news for the Bramwells when they tried to get title insurance for the Agrarian Title in their project, Tamarindo Beach and Ocean Estates. First American Title Insurance Company declined their request for title insurance on the Agrarian Title. But that did not stop Bramwells from continuing to advertise their land to unsuspecting buyers that eventually led to a lawsuit and judgment against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd., NOT Kevin Fleming.
Download Judgment Against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd.
The Bramwells have maintained that the Agrarian Title overlaps Isla Mariana and that we must move. In addition to the official disclosure from Intendencia, First American Title Insurance Company and the law firm of Garcia Boden ruled that there was no evidence to support the Agrarian Title and that the title may be located in an area elsewhere according to the same Agrarian Title description. (That is if it were real, which we now have unequivocal evidence that it is not.) We are not going anywhere. We have a legal right to be where we are.
We will not be accepting any deals from the Bramwells because we feel it could jeopardize our owners. The Bramwells offered us millions of dollars to keep quiet and allow them to get title insurance on the Agrarian Title. We refused because we could not accept a deal when we have evidence to the contrary regarding the Agrarian Title. We are simply not willing subject our owners to the adverse consequences, regardless of the money.
The Attorney General of the Republic of Nicaragua has issued an official signed letter declaring that the government has no objection to the location of Isla Mariana. The official document, which is referred to as a Letter of No Objection, is crucial because such a letter can never be issued twice for the same piece of land.
The official document, which is dated April 8, 2008, gives clear authorization for the location where Isla Mariana currently stands. The document also acknowledges all deeds purchased by Isla Mariana. The entire landmass of Isla Mariana has been recorded and detailed, deed-by-deed.
The letter issued by the Attorney General of Nicaragua establishes Isla Mariana as the owner of the land in question. With the issuance of the letter, the Republic of Nicaragua has made it known that they recognize Isla Mariana to be on State land but in granting an official Letter of No Objection, the government is affirming and protecting Isla Mariana's rights as a good-faith third party purchaser.
The Bramwells Agrarian Title has been a source of contention on the island. The Republic of Nicaragua, INETER and the Municipality of Leon have weighed in on the matter. The island in its entirety has undergone a thorough investigation. The Republic of Nicaragua has concluded that the Agrarian Title does not correspond to the area that Isla Mariana is located. In addition, the Attorney General of Nicaragua has raised serious concerns about the origin of the Agrarian Title.
With the issuance of the Letter of No Objection, the government is confirming its position of upholding the rights of good-faith third party purchasers, such as Isla Mariana. In doing so, the Republic of Nicaragua is taking a positive step toward resolving property disputes that have been ongoing in the area.
We've have been acting in good faith throughout the difficult process of development at Isla Mariana. When a problem was discovered, we were adamant about not exposing future owners to risk. We have been diligently trying to resolve the matter, while simultaneously contending with multiple difficulties and delay tactics generated by the Bramwells.
If Geoff and John Bramwell could find a way to make their Agrarian Title legitimate they stand to earn millions, if not tens of millions of dollars in profit from their development. There seems to be one major hurdle standing in their way. As you may have guessed, based on the venom theyve been aiming in our direction, that hurdle would be the truth. They don't care for our company, Kevin Fleming and Maria Rueda because we're standing in the way of their duplicity.
As you know, the obstructionist behavior displayed by the Bramwells has made moving forward in a positive manner difficult. However, with their Agrarian Title finally and thoroughly discredited we are now free to proceed forward. We are pleased to announce as a result of due diligence and hard work, Isla Mariana Beachfront Retreat is firmly on track and stronger than ever. While the operations of many other developers in the region have come to a halt for lack of permits, we remain on-track and steadfastly moving forward.
As we have mentioned, the Bramwells had no option but to fight because they were aware that without the Agrarian Title they would have nothing. We were standing in their way and thus they had strong incentive to attempt to sully our character. Any emails received from them are more readily understood when viewed from that vantage point.
Perhaps, buyers are wise to ask Geoff and John Bramwell, which title they are currently attempting to sell properties to unaware buyers in Nicaragua at Tamarindo Beach & Ocean Estates and Los Suenos Island Resort. Is it the discredited Agrarian Title or the original title purchased from the Vendor for the purchase price of USD $1,2000,000.
The Bramwells emails and post are truly out of line. Having one's back to the wall can bring out a viciousness that is frightening to witness. And that is exactly what we're seeing from their recent actions and communication. Any message from John and Geoff Bramwell should be viewed through the lens of what it is - the ranting of a men with their back against the wall and nothing to lose.
In future communication, we will reveal additional details about the newly established relationship between Edward Albert Cole, Carmen Elizondo and the Bramwells. In addition, you will learn more facts about the Bramwells, Panama Offshore Services International, Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation, Toucan Foundation and the real identity of the Seaside Mariana Investor Union.
10 Updates & Rebuttals
Kevin Fleming
New Westminster,British Columbia,
British Columbia Supreme Court Grants Kevin Fleming Permission for “Alternative Service” against Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd.
#2Author of original report
Mon, December 29, 2014
On Tuesday, December 16, 2014, the Plaintiff Kevin Fleming made an application for alternative method of service brought without notice to the presiding master at the courthouse at The Law Courts at 651 Carnarvan Street in the City of New Westminster, in the Province of British Columbia to serve the notice of civil claim filed on November 4, 2014 in the Supreme Court of British Columbia on the Defendants Geoff Bramwell, John Bramwell, Nica Projects Ltd. and Brammy Bros. Painting & Restoration Ltd., collectively referred below as the (“Bramwell Defendants”).
The Fleming lawsuit alleges defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, David Crowe, Darrell Bushnell, Federico Gurdian Sacasa and 26 John Doe individuals who have published lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
In an Affidavit of Attempted Service filed in the Supreme Court of British Columbia, the process server from Rapid Taggers attended the work address of the Bramwell Defendants on November 6, 2014 and left a message with the receptionist. On the same day, the process server received a message from Geoff Bramwell stating he was out of town and to return the next week.
On November 10th and 12th, 2014, the process server returned to the work address of the Bramwell Defendants and was only able to leave a message on the intercom. On November 12th, 2014, the process server left a voice mail message for John Bramwell. On November 18, 2014, the process server attempted to serve John Bramwell at a known residential address but was unsuccessful. As of December 1, 2014, no return phone calls from the Bramwell Defendants were received from the process server and it’s the process servers belief that the Bramwell Defendants are evading service.
Rule 4-4 in the Supreme Court of British Columbia permits substituted service in two distinct circumstances: 1) where it is impracticable to serve the person by personal service; and b) where the person to be served cannot be found after a diligent search or is evading service.
Upon hearing Fleming, and on the reading the sworn Affidavits #3, #4 and #5 of Kevin Fleming, the court ordered that Fleming may serve the notice of civil claim by alternative method upon the Bramwell Defendants by posting a copy of the notice of civil claim and the court order at the Bramwell Defendants work address on the rear entrance door of 1332 Franklin Street, Vancouver, British Columbia, and such service shall be deemed to be good service upon the Bramwell Defendants.
In addition, the time within the Bramwell Defendants may file a response to the notice of civil claim be 21 days after the completion of service. Fleming says, “the alternative service message proposed offers a clear statement of the significance of the notice of civil claim”.
“I will continue to defend my reputation and hold the Defendants to account for their irresponsible publishing of defamatory statements that has deeply hurt me and my family and I welcome the opportunity to meet the Defendants in the courtroom to address their negligent behavior”, says Kevin Fleming.
Kevin Fleming
New Westminster,British Columbia,
British Columbia Supreme Court Grants Kevin Fleming Permission to Serve Defendants Online
#3Author of original report
Mon, December 22, 2014
On December 15, 2014, the Supreme Court of British Columbia allowed legal notice to be served by private messages on online forums and sent via email to 26 anonymous individuals advising them that they are being sued in the Kevin Fleming defamation case.
Fleming, who filed a defamation lawsuit seeking damages on November 4, 2014, says in the lawsuit that online comments that imply he was acting in fraudulent manner and unethical are untrue.
Fleming does not know who the John Doe Defendants are or where they are located, and there is no cost-effective means of discovering this information. The only readily apparent means of finding out would be to seek production orders against the various Internet service providers.
Even if such orders were granted and obeyed, they would only yield e-mail addresses, service on which would essentially be no different than that under the proposed order. A court permits alternative (“substituted”) forms of legal service when the usual method of hiring a detective or a process server is “impracticable” or when a defendant is evading service.
With the success of the recent motion, defendants such as “Seaside Mariana Investors Union”, “Isla Mariana Investors Union” and “NicaHeat” will be forced into a tricky choice between fighting the lawsuit, and thus exposing themselves to a verdict, or laying low and allowing a default judgment to be entered against them, thus exposing themselves to the risk of being identified and penalized later without any chance of a defense.
Under most circumstances, when a person does not file a statement of defense within a given time, the suing party is entitled to a default judgment, which can result in the collecting of compensation from the defendants.
Fleming believes being able to serve legal notice over the Internet is a way for the law to catch up to social media and the judgment means he does not have to serve the defendants in person. This is not unprecedented; there are other cases of hard-to-identify people being notified through Facebook and Twitter that they have been sued.
According to Fleming, “it is important that this defamation lawsuit is seen to the end where judgment is granted in order that individuals would not have to endure these types of hate-filled campaigns, personal attacks and vicious lies.”
Grupo Mariana
Burnaby,British Columbia,
Kevin Fleming Defamation Lawsuit Filed in the Supreme Court of British Columbia; Canada
#4Author of original report
Fri, November 21, 2014
The purpose of this message is to inform you that I filed an action on November 4, 2014 in the Supreme Court of British Columbia, alleging defamation against Geoff Bramwell, John Bramwell, Nica Projects Ltd., Brammy Bros. Painting & Restoration Ltd., Edward Albert Cole, Taylor Collings, Federico Gurdian, David Crowe and Darrell Bushnell for publishing lies over email and the Internet, following the termination of Agreements with Wyndham Hotel Group and Golf Design Agreement with Nicklaus Design.
There are lies being spread on the Internet that I have committed a fraud. These lies have harmed my family and Owners and Promissory Purchasers in the beachfront communities of Isla Mariana and Seaside Mariana in Nicaragua. I'm not going to simply accept it and move on.
I'm pursuing them in court and will obtain orders compelling them to pay damages for their illegal actions. I will force everyone who has failed to take down these lies from their websites to do so and to pay damages for not taking them down when I asked them to.
Sincerely,
Kevin I. Fleming
Chairman | Grupo Mariana S.A.
Managua, Nicaragua
(888) 484-4425 North America Toll Free
www.grupomariana.com
[email protected]
Grupo Mariana
Managua,Edward Albert Cole (AKA. Ted Cole and Grupo Coleli) Exposed for Irregular and Illegal Activities in Nicaragua
#5Author of original report
Mon, April 14, 2014
Edward Albert Cole (Ted Cole) is responsible for the slander, libel and defamation against Grupo Mariana, Seaside Mariana, Isla Mariana, Kevin Fleming and Maria Rueda using the anonymous identity of the Seaside Mariana Investor Union and sending mass emails and posting online messages using various website such as Rip Off Report and Facebook. No credibility should be given to unknown individuals who post online messages and send mass emails anonymously making wild and false accusations under disguised identities such as Ted Cole.
In addition, Ted Cole was responsible for filing a reckless civil lawsuit against Seaside Mariana Spa & Golf Resort, S.A., Kevin Fleming and Maria Rueda leading to the brand termination of Wyndham Hotel Group and Nicklaus Design at Seaside Mariana Oceanfront Community. Furthermore, Ted Cole, his wife Carmen Elizondo and Michael Edmonds filed unwarranted criminal accusations against Kevin Fleming.
On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming. The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.
On May 20, 2013, the civil lawsuit filed on July 5, 2012 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.
We have a clear and compelling case with evidence of the negligence of Ted Cole and the Seaside Mariana Investor Union. The obstructionist behavior displayed by Ted Cole, Carmen Elizondo and Michael Edmonds has made moving forward in a positive manner difficult. However, with the Seaside Mariana Investor Union finally and thoroughly discredited we are now free to proceed forward.
Grupo Mariana
Managua,Geoff Bramwell False Statements Continue
#6Author of original report
Fri, August 16, 2013
We continue to stand in the way of Geoff Bramwell and thus he has a strong incentive to attempt to sully our character. Any messages or postings received him are more readily understood when viewed from that vantage point.
Mr. Geoff Bramwell continues his destructive behavior providing information that is false while at the same time, the situation at Tamarindo Beach and Ocean Estates appears more serious as the evidence confirms the Undivided 275 Manzana Agrarian title is fraudulent.
CLAIM: In the approximately 3 years since this on line battle of lies versus truth was posted, a lot has happened. Justice is slow and steady.
TRUTH: Geoff Bramwell has a history of lying and being exposed when making false statements and hiding behind anonymous identities. Click here to view the original posting by Geoff Bramwell on the website RipOffReport. Please notice the first posting from the original author William from San Jose, California. Scroll down to the last post, take notice the #1 Author of original report Geoff Bramwell- (Canada)
CLAIM: Mr. Bramwell has been busy building the infrastructure of a successful beach community in Nicaragua.
TRUTH: This is false. The infrastructure being installed is not according to any permits received from the environmental authorities in Nicaragua and not sufficient for the requirements of the their development, let alone for the island. His project remains at risk of being halted any day. In addition, there are defects in the Undivided 275 Manzana Agrarian Title that has been rejected by First American Title Insurance Company and the law firms of Garcia Bodan and Taboada & Associados. Geoff Bramwell has been penalized in previous court action for selling defective titles at Tamarindo Beach and Ocean Estates, whereas freehold titles pass freely at the lands known as Isla Mariana.
CLAIM: I have left the over 200 other persons that Kevin Fleming has defrauded, robbed and lied to to devour him. The over 150 persons whom have not filed lawsuits against Kevin Fleming should do so immediately.
TRUTH: This is false. There is no evidence or guilty finding that Kevin Fleming has defrauded, robbed or lied to anyone. We invite Mr. Bramwell to provide evidence of such an event of finding from a court of law. On the other hand, in 2012, there was a plaintiff (Schwarzinger) who claimed for damages arising from breach of contract, deceit, fraud, and fraudulent and/or negligent misrepresentations in relation to land at Tamarindo Beach and Ocean Estates and Los Suenos Island Resort that the Bramwell defendants were selling on the Pacific Coast of Nicaragua. Click here to download the judgment.
CLAIM: He recently lost a slander lawsuit in Nicaragua for far less. One would think he would stop. One day, I will get to a slander suit against Kevin, but I am working on far bigger things.
TRUTH: This is false. Kevin Fleming was notified on February 6, 2013 at 2:30pm from PODER JUDICIAL Asunto Number 002096-ORM4-2013PN from Juzgado Msc. Ernesto Leonel Rodriguez Mejia Local de lo Penal de la Circunscripcion Managua plaintiff Edward Albert Cole and Carmen Elizondo for accusation of INJURIA DE COLUMNA (Defamation), which is a criminal accusation in Nicaragua. Prior to the filing of the criminal accusation, an illegal immigration restriction was placed on Kevin Fleming on January 31, 2013.
On April 8, 2013, the case was closed with no retraction, penalty, fine, jail time or guilty finding. On April 9, 2013, the immigration restriction lifted.
CLAIM: Wyndham Hotels pulled out of Seaside Mariana citing no effort to actually build a hotel and being so far behind the construction schedule that there was no hope in completion. Wyndham stayed in the good country of Nicaragua and moved to another resort. I understand hotel construction is now going well. Nicklaus golf pulled out of Seaside immediately thereafter, citing breach of contract and no construction effort at all.
TRUTH: This is false. The Wyndham Hotel Franchise Agreement, Trademark License Agreement and Condominium Marketing License Agreement (“Agreements”) termination was both unexpected and unjustified. Wyndham relied on incorrect legal advice and did not allow us to provide pertinent documentation and correct information. Wyndham did not try to ascertain what occurred on our end, nor did they seek clarification of the facts. Click here for detailed information about the wrongful termination.
CLAIM: With over USD $20 million collected from the promise of a Nicklaus golf course, hotel, marina, spa etc etc, some investors organized and noted absolutely no basic services such as water/power/roads or anything was built on the 920 acre site. So where is the $20 million collected since 2006?
TRUTH: This is false. We invite Mr. Bramwell to provide evidence of funds received that amounts to USD 20 million for the use of development at Seaside Mariana.
CLAIM: The first Nicaraguan court filing against Kevin was Slander, two weeks later it was criminal fraud. The first 2 lawsuits for fraud and slander lasted a year and ended June 2013, last month.
TRUTH: This is false. Kevin Fleming receive official notice on February 15, 2013 from PODER JUDICIAL Asunto Number 002526-ORM4-2013-PN from Juzgado Octavo Local de lo Penal de la Circunscripcion Managua plaintiff Michael Edmonds and Edward Albert Cole for accusation of ESTAFA (fraud). As the result of the criminal accusation, an immigration restriction was placed on Kevin Fleming on February 20, 2013.
On May 20, 2013, the case was dropped with no penalty, fine or jail time. On May 21, 2013, the immigration restriction was lifted.
CLAIM: About 35 more “clients” started forming class action groups in California and Nicaragua.
TRUTH: This is false. Grupo Mariana and related companies have not received any official notice from the courts of Nicaragua or any jurisdiction in the world as of the date of this posting, August 8, 2013.
CLAIM: Kevin settled by signing over approximately 450 acres of his 920 acres at Seaside to various Plantiffs.
TRUTH: This is false. No such settlement agreement exist that represents 450 acres lost at Seaside Mariana. We invite Mr. Bramwell to provide evidence of any document.
CLAIM: He has settled 4 people now of over 200 defrauded Seaside clients.
TRUTH: This is false. We invite Mr. Bramwell to provide evidence of the 4 people with settlement agreements and 200 individuals that have been defrauded.
CLAIM: About half the property is gone.
TRUTH:This is false.
CLAIM: Two sold out condo complexes are neither started, have no money to build, no roads/water/power and is debatable if he even still owns the land where they are supposed to be built. That is $5 million collected for the two condo buildings.
TRUTH:This is false. $5 millions dollars has not been collected for the two condo buildings. Development plans and permits are in place to continue construction in the first phase of the development, which includes the Mariana del Norte neighborhood at Seaside Mariana.
CLAIM: Not answered is the 350 titles at Seaside sold, but only 27 actually transferred. Over 300 titles are sold to over 200 persons (as some have 2), but not transferred as kevin did not pay the property tax.
TRUTH: This is false. 247 home sites are under contract with funds paid. 56 property titles have been executed with Public Deeds and Registered either provisionally or completely. 191 home sites have been ready to transfer to clients since September 7, 2009 but the clients have not closed because they do not have a power of attorney and the legal fees have not been paid to the attorney performing the Closing duties.
CLAIM: Kevin’s wife Maria fled Nicaragua, her birth place a few weeks before the lawsuits hit and landed in Vancouver. Kevin fled June 8 2013 when his travel restriction was lifted.
TRUTH: This is false.
CLAIM: The two now continue selling Nicaraguan land online to this day. The new scam is beach front Nicaraguan land for $30,000 a lot. $5000 non refundable deposit and payments thereafter. Problem is they do not own this land, have been barred from any electricity by the privately owned power supplier, have been barred from water supply by the privately owned water supplier too.
TRUTH: This is false. Isla Mariana is our first project in Nicaragua, and we are committed to protect our clients, and make the project a reality. At this time, Isla Mariana has obtaining and renewed our environmental permit from the department of MARENA which includes the civil engineering development plans of infrastructure and allows us to submit our request for a construction permit to begin construction immediately. Isla Mariana is currently selling properties beachfront properties starting at $30,000 with a $5,000 refundable deposit in escrow with First American Title Insurance Company. The titles are freehold, the land has obtained the necessary letters of no objection from the Attorney General approving 70+ home sites and 16 bungalows supporting by a recreational marina with up to 25-slips. Electricity is not a private commodity on the island and funds have been paid on behalf of Isla Mariana by Robert Black to the island association water company.
On the other hand, the Bramwells purchased a fraudulent agrarian title for a fraction of the previously established market value of land in the area. It is a textbook case of too good to be true. They have been scammed, which is unfortunate. The Bramwells incentive to fight is extremely high, as they will be left with but a few manzanas of land when the Agrarian title is ultimately discredited. Developing this small area may not be economically feasible. Thus, their impetus to resort to any and all means to defend their claim is very strong. This is a nuisance, but not a major roadblock for our company.
CLAIM: Meanwhile a 5 million civil lawsuit against Kevin continues now in Nicaragua led by a California group of about 12 persons. The $5 million is actual cash invested. No additions for interest, penalty, punitive, pain and the regular upcharges. It seems logical that once this is settled, Seaside has no land left and just under 200 still defrauded buyers.
TRUTH: This is false. As of August 8, 2013, no notice has been received by Grupo Mariana and related companies of any civil action.
CLAIM: A defrauded “client” of kevin’s told me his story last week. It is sad. Three years ago, he was 62 years old and retiring in 3 years. He accepted Kevin’s dream to retire in comfort on a Jack Nickalus gofl course in Nicaragua and make the most of the few hundred thousand he saved. He is now bankrupt and retired as kevin took all his savings and alot more. 3 years ago, he bought a 30′ wide isla lot for $37,000. $5,000 down and payments. Same deal Kevin is pumping now. Upon paying the remaining $32,000, Kevin upgraded him to a 50′ wide lot at the island for another $20,000. He paid this from his retirement savings plan of $120,000. A life time of savings. Once that was paid, Kevin moved him to Seaside lot for another $20,000 or so. Still no title delvered on any lot. Once lot #3 was paid, then moved him to a different Seaside lot on the fictitiuos golf course. Once that was paid, Kevin sold him a speculative lot. The deal was “buy this speculative lot and kevin will re sell the same lot next year for 30% more, commission free”. So, the Client refinances his house, uses family loans, and credit cards to pay for the speculative lot. A year passes and now the client is 6 months away from retirement. The Client goes to Kevin’s house in Vancouver and asks Kevin in person to sell the speculative lot. Kevin says no! 3 months later, the Client and his wife go bankrupt. Then retire. Broke. Now, I am asked to help. There are hundreds more of these “clients’.
TRUTH: This is false.
CLAIM: On the island, the reality is Kevin owns no land, yet has sold many lots.
TRUTH: This is false. The individual companies that have owned and sold properties at the lands known as Isla Mariana are Nicaragua Developments S.A., Pacific Properties S.A., Geoff Bramwell and Robert Black, not Kevin Fleming.
CLAIM: Kevin has paid a bribe of $150,000 to have false documents produced that he has used to deceive Stewarts title insurance and have them give his “clients” a few polices. My guess is that these insurance policies will be void if any claims are made as they violate the affidavit Kevin signed with Stewarts when he applied for a Master insurance policy in Fall 2006.
TRUTH: This is false. We invite Mr. Bramwell to provide evidence to prove his claim. No such affidavit has been signed by Kevin Fleming with Stewart Title Latin America.
CLAIM: Meanwhile, our developments are doing well. We have electricity to all our Tamarindo lots. Fresh drinkable water is a few small steps from the front gate. The House construction plans are being submitted for a January 2014 start.
TRUTH: This is false. Intendencia Disavows Existence of the 275 Undivided Manzana Agrarian Title being sold at Tamarindo Beach and Ocean Estates. In response to a request submitted to the Official Property Intendencia office on June 21, 2007 by one Ms. Rosa Argentina Solis in the city of Managua, it has been determined that according to the computerized registry of the highest governmental office of titles in Nicaragua, there is no evidence of the existence of the Collective Reform Agrarian Title No. 55621, Volume 992, Page 42-43, first seat.
According to Mr. Ciro Orozco Berrios, Lawyer and Director of Titles at Intendencia, there is no evidence of the aforementioned Reform Agrarian Title, allegedly submitted on the second of November, nineteen eighty-nine (1989). The title in question is allegedly located in the region of Las Marimbas, Municipality and Department of Leon and is registered in favor of the following gentlemen: Hector Jimenez; Douglas Rivas; Angel Guido Castro and Luis Guido Parajon.
The Agrarian Reform title No. 55621 has been central in a dispute between Nicaragua Developments S.A. (ND) and Geoff and John Bramwell regarding proper land ownership on Isla Real de las Penas, Nicaragua.
CLAIM: The same Kevin Fleming refers people to the Nicaragua Brief for the “truth”. There is no body else left to write the Kevin “truth”.
TRUTH: We invite Mr. Bramwell to provide documentation that any information published on the Nicaragua Brief is false or misrepresented. As a reputable company, we have rebutted all points raised by Geoff Bramwell, Ted Cole and the Seaside Mariana Investor Union. More importantly, no evidence has been presented to support all of their false claims.
CLAIM: Over 20 persons to date with property fraud complaint filings with Royal Canadian Mounted Police (“RCMP”) anti fraud squad and growing.
TRUTH: This is false. The RCMP has not been in contact with Kevin Fleming for any reason related to fraud. However, there is a complaint against the Bramwells with an open file number with the RCMP dating back to November 2012.
CLAIM: Schwarzinger lawsuit mentioned above was against the same Kevin Israel Fleming.
TRUTH: It is true Kevin Fleming was named in the lawsuit but no judgment has been found against Kevin Fleming, only the Bramwell defendants.
CLAIM: Kevin entered sworn testimony in the BC Supreme Court that his worldwide total net worth was under $30,000, and income was $1,000 amount.
TRUTH: This is false. An affidavit was filed and provided factual information on behalf of Kevin Fleming. As settlement terms of all lawsuits are usually confidential, we invite the Mr. Geoff Bramwell to comment on the amount he settled with Schwarzinger. We’ve received information posted on the Nicaragua Dispatch by John Bramwell reporting a settlement in the amount of $500,000 paid by the Bramwell defendants.
CLAIM: In Kevins most recent lies of last week, he claims at Isla Mariana ” There is discussion about working in conjunction on an island association (HOA) to combine resources in order to better serve our residents.
TRUTH: We are in receipt of recent communication from John Bramwell, the brother of Geoff Bramwell, reaching out to work together on finding a resolution between Tamarindo Beach and Ocean Estates and the companies that own property at the lands known as Isla Mariana Beachfront Retreat. At this time, the parties have not reached an agreement. See below for original transcript of the message from John Bramwell:
On Jul 20, 2013, at 6:05 PM, John B wrote:
Kevin,
You figure there is any way to work together & move forward on the island?
Or are we destined to be foolish & continue the war?
Thoughts?
Regards
John B
CLAIM: Never will that electricity be available for Isla Mariana or any Kevin “clients”. That is the final word and has been since 2007 when Kevin refused to pay $30,000 to help build it.
TRUTH: This is false. On one hand, John Bramwells reaches out to Kevin Fleming to work together, on the other hand Mr. Geoff Bramwell reports publicly that no resolution will ever be reached. The Bramwells do not provide electrical power in the country of Nicaragua. It is true they have purchased a number of power poles that are installed on a public access way to and through the island road. The reason Nicaragua Developments S.A., Pacific Properties and Robert Black refused to pay for the electrical power expenses were for several reasons such as:
1) No permits were every provided to support the installation of power
2) The installation of the electrical lines were for single phase power was not enough power to supply 200 homes let alone an island with the potential of over 500 homes
3) The permits received at Isla Mariana called for three-phase power not single-phase power
4) The credibility of the Bramwells was such that any association with their fraudulent activities in Nicaragua would potentially cause the owners at the lands known as Isla Mariana to suffer further harm from the damage the Bramwell brothers have already caused in past years with their claims to their fraudulent Undivided 275 Manzana Agrarian Title.
CLAIM: Never will that water system be available for Isla Mariana or any Kevin “clients”. That is the final word. How are you supplying fresh, drinkable, pressurized water Kevin?
TRUTH: This is false. Clients who purchased land at Isla Mariana did so from the companies of Nicaragua Developments S.A., Pacific Properties and Robert Black. Geoff Bramwell claims he will not provide water but refuses to provide information to the title in which the well originates from, quality studies of the water or other related information about the water.
More important, Robert Black has paid USD $35,000 on behalf of Nicaragua Developments S.A., Pacific Properties and Robert Black to provide all clients at Isla Mariana access to water through the island association. This is proven by wire transfer receipts to the water company responsible for the infrastructure and delivering water to the edge of the lots. Furthermore, Mr. Bramwell acts as if he is the only person that can install power or water on the island, which is false.
CLAIM: Your claim on owning any land on the island is also based upon a $150,000 bribe for false documents as well. So, what are you actually selling, except a scam?
TRUTH: This is false. We invite Mr. Bramwell to provide documentation of this bribe and false document.
CLAIM: You have been announcing construction starts on the island since 2006. Yet build nothing, nor install any services. If any one buys anything off you, they are nuts.
TRUTH: This is false. As responsible developers, we provide information relating to design development timelines and upon the proper permits being obtained, construction may begin with the proper financing for construction.
In summary, our position is the same as it has been since January 2006, we will never associate our company with Geoff or John Bramwell or anyone associated with the Bramwells, particularly because of their past questionable activities in Nicaragua, their efforts to extort our company, discredit our reputation and have no environmental permits to develop property in at Tamarindo Beach and Ocean Estates in Nicaragua.
At this time, all buyers are wise to ask Geoff and John Bramwell, which title they are currently attempting to sell properties in Nicaragua at Tamarindo Beach and Ocean Estates. Is the title in question the discredited fraudulent Undivided 275 Manzana Agrarian Title or the original title negotiated secretly to purchase land through a Nicaraguan attorney in the amount of USD $1,200,000 that was under contract to Nicaragua Developments S.A. and Pacific Properties.
In either case, we highly recommend all buyers to request a certified lot survey duly registered in the office of Cadastral in Leon, Nicaragua and request a copy of the original deed purchased by the Geoff Bramwell and his company Tamarindo Beach and Ocean Estates.
If one claims to be an honest developer in Nicaragua installing infrastructure such as single phase power and fresh water, then it is only prudent that we receive straight answers on which title they are selling, which will provide utility services.
After all, what good are the services of power and water to titles that are defective?
Buyers should perform their due diligence on the Bramwells and verify they have the MARENA environmental permit to develop their properties on the island and confirm the title they are purchasing with a well respected law firm with experience in the matter of the title searches on the island.
Grupo Mariana
Managua,SCEASE AND DESIST ALL DEFAMATION OF GRUPO MARIANA, S.A. AND RELATED COMPANIES, NICARAGUA DEVELOPMENTS S.A., PACIFIC PROPERTIES, S.A., KEVIN FLEMING AND MARIA RUEDA’S CHARACTER AND REPUTATION
#7Author of original report
Wed, August 14, 2013
To Mr. Edward Albert Cole (aka. Ted Cole and Seaside Mariana Investor Union), Carmen Elizondo, Geoff Bramwell and John Bramwell
You are hereby directed to:
CEASE AND DESIST ALL DEFAMATION OF GRUPO MARIANA, S.A. AND RELATED COMPANIES, NICARAGUA DEVELOPMENTS S.A., PACIFIC PROPERTIES, S.A., KEVIN FLEMING AND MARIA RUEDA’S CHARACTER AND REPUTATION.
Grupo Mariana, Nicaragua Developments, S.A., Pacific Properties, S.A. and Robert Black, hereinafter called the (Developers), are educated, respected professionals in the community. The Developers have spent years serving the community in their profession and building a positive reputation.
The Developers are aware that you have engaged in spreading false, destructive, and defamatory rumors about them.
Your defamatory statements involved your emails and postings on Nicaragua Dispatch, RipOffReport and Facebook. Accordingly, we demand that you (A) immediately cease and desist your unlawful defamation of the Developers and (B) provide us with prompt written assurance within ten (10) days that you will cease and desist from further defamation of the Developers character and reputation.
If you do not comply with this cease and desist demand, the Developers are entitled to seek monetary damages and equitable relief for your defamation. In the event you fail to meet this demand, please be advised we will pursue all available legal remedies, including seeking monetary damages, injunctive relief, and an order that you pay court costs and attorney’s fees. Your liability and exposure under such legal action could be considerable.
Before taking these steps, however, the Developers wish to give you one opportunity to discontinue your illegal conduct by complying with this demand within ten (10) days. I recommend that you consult with an attorney regarding this matter. If you or your attorney have any questions, please contact us directly at [email protected].
Grupo Mariana
Managua,Legal Matters Resolved in Nicaragua: A New Mariana Emerges from the Past and Embraces the Future
#8Author of original report
Sun, July 28, 2013
We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.
As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.
Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth.
On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was dropped with no retraction, penalty, fine, jail time or guilty finding against Kevin Fleming. The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.
On May 20, 2013, the civil lawsuit filed on July 5, 2013 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.
We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.
The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.
No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.
We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.
Grupo Mariana
Managua,Legal Matters Resolved in Nicaragua: A New Mariana Emerges from the Past and Embraces the Future
#9Author of original report
Sat, July 27, 2013
We believe that providing accurate, current and compelling information is the most important thing we can do. It’s no secret we believe strongly in the future of Nicaragua, and that this future can pay remarkable dividends for adventurous, intelligent individuals who know how to collect the facts, analyze them and make decisions.
As responsible developers, we have hired the best professionals in the country to analyze the different situations and to overcome the obstacles that we have found on the way. We have had to walk a thin line. On the one hand, we do not want to respond to negativity with negativity. On the other hand, it is not prudent to ignore distortions and falsehoods that attempt to besmirch our character and alarm our stakeholders.
Because the civil lawsuit filed by Edward Albert Cole (Cole), the criminal accusations by Cole, Carmen Elizondo and Michael Edmonds, anonymous emails and postings of the Seaside Mariana Investor Union and Geoff and John Bramwell have had such a detrimental impact on our projects, Kevin Fleming and Maria Rueda, it merits further discussion. It affects everyone’s investment; you deserve to know the truth.
On April 8, 2013, the criminal accusation of Defamation filed by Cole and his wife Carmen Elizondo on February 6, 2013 was closed in favor of Kevin Fleming with no retraction, penalty, fine, jail time or guilty finding. The January 31, 2013 immigration restriction against Kevin Fleming was lifted on April 9, 2013.
On May 20, 2013, the civil lawsuit filed on July 5, 2013 by Cole was closed with no guilty finding. In addition, the criminal accusation of Fraud by Cole and Michael Edmonds was dropped and there was no penalty, fine, jail time or guilty finding against Kevin Fleming. The February 20, 2013 immigration restriction against Kevin Fleming was lifted on May 21, 2013.
We have a clear and compelling case for continuing with the developments of Isla Mariana and Seaside Mariana with the necessary plans and construction permits obtained and we are working hard toward achieving the goal of bringing our projects to reality.
The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of our developments. The bottom line is that a solution is at hand that puts the needs of our owners exactly where they should be—first and foremost.
No credibility should be given to unknown individuals with postings online or disguised identities such as Cole, Geoff and John Bramwell and the Seaside Mariana Investor Union making wild and false accusations causing untold damages to your investment and related companies of Grupo Mariana, Kevin Fleming and Maria Rueda.
We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful beachfront properties of Isla Mariana Beachfront Retreat and Seaside Mariana Oceanfront Community and how we regroup and move forward.
Geoff
Vancouver,Washington,
Update on Kevin Fleming & Isla Mariana/Seaside Mariana/Grupo Mariana Collapse
#10REBUTTAL Owner of company
Sat, July 20, 2013
In the approximately 3 years since this package of absolute lies was posted, alot has happened. Justice is slow and steady. I was not aware this posting existed and would have responded much faster had I known. However, maybe not as I have been busy building the infrastructure of a successful beach community in Nicaragua. I have left the over 200 other persons that Kevin Fleming has defrauded, robbed and lied to to devour him. The over 150 persons whom have not filed lawsuits against Kevin Fleming should do so immediately.
All the dribble in the above posting, and all the further ridiculous rants of Kevin Fleming are 100% false. He recently lost a slander lawsuit in Nicaragua for far less. One would think he would stop. One day, I will get to a slander suit against Kevin, but I am working on far bigger things. Like making our resort services complete and building quality beach homes.
Here is the July 2013 update on Kevin Fleming and wife Maria Rueda and their associated companies Nicaragua Developments SA, Grupo Marian SA starting in 2010, about 3 years ago. Wyndham Hotels pulled out of Seaside Mariana citing no effort to actually build a hotel and being so far behind the construction schedule that there was no hope in completion. Wyndham stayed in the good country of Nicaragua and moved to another resort. I understand hotel construction is now going well. Nickalaus golf pulled out of Seaside immediately thereafter, citing breach of contract and no construction effort at all. With over USD $20 million collected from the promise of a Nickalus golf course, hotel, marina, spa etc etc, some investors organized and noted absolutely no basic services such as water/power/roads or anything was built on the 920 acre site. So where is the $20 million collected since 2006? kevin attacked everyone with verbal diarehea as you can read he projects against me in these posts. I have been challenging him since 2006, from his earlier property fraud scam at Isla Real Las Penas near Leon, called Isla Mariana. Which I will bring you up to date shortly. The first Nicaraguan court filing against Kevin was Slander, two weeks later it was criminal fraud. About 35 more "clients" started forming class action groups in California and Nicaragua. The first 2 lawsuits for fraud and slander lasted a year and ended June 2013, last month. Kevin settled by signing over approximately 450 acres of his 920 acres at Seaside to various Plantiffs. Presently, there is no nickaluas golf course at Seaside, even worse he does not have 170 acres of space for a golf couse. He has settled 4 people now of over 200 defrauded Seaside clients. About half the property is gone. Two sold out condo complexes are neither started, have no money to build, no roads/water/power and is debatable if he even still owns the land where they are supposed to be built. That is $5 million collected for the two condo buildings. Kevin was held in Nicaragua from February 7 to June 7 2013 to answer to these fraud charges. Not answered is the 350 titles at Seaside sold, but only 27 actually transferred. Over 300 titles are sold to over 200 persons (as some have 2), but not transferred as kevin did not pay the property tax. Kevin's wife Maria fled Nicaragua, her birth place a few weeks before the lawsuits hit and landed in Vancouver. Kevin fled June 8 2013 when his travel restriction was lifted. The two now continue selling Nicaraguan land online to this day. The new scam is beach front Nicaraguan land for $30,000 a lot. $5000 non refundable deposit and payments thereafter. Problem is they do not own this land, have been barred from any electrcity by the privately owned power supplier, have been barred from water supply by the privately owned water supplier too. Yet they market, and collect money, for free hold beach front with electricity and water. Blatant fraud. Meanwhile a 4.5 million civil lawsuit against Kevin contiunes now in Nicaragua led by a California group of about 12 persons. It seems logical that once this is settled, Seaside has no land left and just under 200 still defrauded buyers.
If you want to report your property fraud to the Canadian government investigators. Please write out your loss on word and cut/paste it into the Canadian national police force fraud unit website at www.antifraudcenter.ca Americans, Nicaraguans and English and any other nationalities are welcome. I suggest letting the Canadian government prosecute Kevin in Canada at tax payers expense.
A defrauded "client" of kevin's told me his story last week. It is sad. Three years ago, he was 62 years old and retiring in 3 years. He accepted Kevin's dream to retire in comfort on a Jack Nickalus gofl course in Nicaragua and make the most of the few hundred thousand he saved. He is now bankrupt and retired as kevin took all his savings and alot more. 3 years ago, he bought a 30' wide isla lot for $37,000. $5,000 down and payments. Same deal Kevin is pumping now. Upon paying the remaining $32,000, Kevin upgraded him to a 50' wide lot at the island for another $20,000. He paid this from his retirement savings plan of $120,000. A life time of savings. Once that was paid, Kevin moved him to Seaside lot for another $20,000 or so. Still no title delvered on any lot. Once lot #3 was paid, then moved him to a different Seaside lot on the fictitiuos golf course. Once that was paid, Kevin sold him a speculative lot. The deal was "buy this speculative lot and kevin will re sell the same lot next year for 30% more, commission free". So, the Client refinances his house, uses family loans, and credit cards to pay for the speculative lot. A year passes and now the client is 6 months away from retirement. The Client goes to Kevin's house in Vancouver and asks Kevin in person to sell the speculative lot. Kevin says no! 3 months later, the Client and his wife go bankrupt. Then retire. Broke. Now, I am asked to help. There are hundreds more of these "clients'.
On the island, the reality is Kevin owns no land, yet has sold many lots. The island development association has built a private electical system and water system for their member use. Kevin and any of his "clients" are categorically banned from any participation in the services. Since 2006, Kevin has known this. Yet has sold many lots. Kevin has paid a bribe of $150,000 to have false documents produced that he has used to deceive Stewarts title insurance and have them give his "clients" a few polices. My guess is that these insurance policies will be void if any claims are made as they violate the affadavit Kevin signed with Stewarts when he applied for a Master insurance policy in Fall 2006. Well after the 2006 meeting where we presented our findings on the island title problem. The affadavit claims no prior knowledge of potential land claims, no border disputes, no squatters. All false sworn statements in his Stewarts affadavit.
Meanwhile, our developments are doing well. We have electrcity to all our Tamarindo lots. Fresh drinkable water is a few small steps from the front gate. The House construction plans are being submitted for a January 2014 start. If you want a secure, serviced, buildable beach lot: We are the real thing. We will have small houses built within a year.
Grupo Mariana
Managua,Other,
Nicaragua
Facts About Geoff Bramwell, John Bramwell, Tamarindo Beach Ocean Estates and Los Suenos Island Resort Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua
#11Author of original report
Wed, January 23, 2013
The purpose of this message is to release further information that will help individuals understand the position of Grupo Mariana.
First, I will try to explain the history of the title. The origin of the title dates back to June 2004, whereby, the municipality of Leon sold land to the buyer whom we purchased property to develop land known as Isla Mariana. The seller whom we purchased our land was a resident of the property dating back to 1993, whereby, he was leasing the land from the municipality of Leon for 10 years prior to making an application to purchase the land. The reason the seller was able to purchase the land from the municipality was due to the fact a Presidential Decree for the area had been established and the municipality had the right to sell the land. Therefore, this gave the right to the municipality to sell to the seller whom we proceeded to purchase the land.
It is important to recognize, prior to our company purchasing the land, an authorized attorney approved to act on behalf of First American Title Insurance Company to recommend whether the property was in good standing completed a full legal search. Upon the completion of the legal search, a strong buy recommendation was given and title insurance was issued on the property development Isla Mariana.
During the course of our research, we have discovered an error in the original title that was created to the seller who we purchased property. The location of the boundaries of the land of Isla Mariana does not fall within the borders of the Presidential Decree. This has caused some concern because it is possible the land may belong to someone else and the municipality did not have the right to sell land to begin with in the origin of the land sold to the seller of land to Isla Mariana.
The result of this investigation has also revealed another title in the area of Isla Mariana that has many inconsistencies and we fully investigating a second title that exists. First American Title Insurance Company had been working diligently on behalf of our company toward reaching a solution to our issues. As of Tuesday, January 30, 2006, our company have turned over all documentation to First American Title Insurance Company and awaited their decision on the evidence presented that explains our legal position on the chain of title and our evidence showing another title in the area as not consistent with the normal practice of obtaining a title that would be considered valid in Nicaragua.
In the past years, weve informed owners on the updates regarding our efforts to solve the issues we have faced in Nicaragua. As responsible developers, we have hired the best professionals in Nicaragua, United States and Canada to analyze the different situations, to overcome the obstacles that we have found on the way.
Following, you will find more information about Geoff and John Bramwell and the Agrarian Title
Regarding the inconsistencies found on the Chain of Title, after consulting with our local counsel, we have concluded that the property sold by the Municipality of Leon to Eduardo Irigoyen in 2004, did not cover the physical location that was sold to us, even though Mr. Irigoyen had possession of this area. Both the previous law firm we used, and the most experienced Title Insurance Company that operates in Nicaragua, who granted Title Insurance on part of the property, did not find any problems in the Chain of Title at the time we were on the process of acquiring the property.
After the problem was noticed, the Title Insurance Company suspended granting Title Insurance on the area and started looking for a solution, being the first option to obtain good title for the insured parcels. After one year of research, no private title was found for the property. According to the research performed by our team, including attorneys, surveyors and engineers, the Republic of Nicaragua confiscated the property in 1986 and individuals were compensated in 2005. There is no evidence the government has transferred the property where Isla Mariana is located. We have copies of the confiscation resolution, as well as the compensation document.
The conclusion of our attorneys is that the Republic of Nicaragua owned the specific area where Isla Mariana is located at the time the Municipality sold the land to Mr. Irigoyen, who sold to our company.
According to Nicaraguan Law, the only authority that can decide upon property conflicts and the ownership right of a property is the Nicaraguan Judicial System (courts). It is important to know that unless there is a non-appealable ruling from a Nicaraguan court, the owner of a property with a duly registered title has legal recognition of the ownership of the corresponding property.
This means that if someone believes he has a better right and reaches no-agreement with the conflictive party, at any time he can go to the courts and present a judicial claim to obtain ruling on the matter. The court decision, if not appealed, is binding and definitive on the issues that were discussed between the parties.
Having said this, it is known that the Bramwells hold the Agrarian Title, which they claim covers the area where Isla Mariana is located.
Both attorneys and experienced Agrarian Reform professionals have warned our company of the existence of fake Agrarian Titles, so before considering an Agrarian Title, a thorough due diligence had to be performed.
This Agrarian Title has been reviewed since the Title Insurance Company was presented it back in 2006 by our legal team and also, not one legal authority have reached the conclusion that the title corresponds to Isla Mariana.
Our attorneys, as well as a lawsuit against the Agrarian Title that was presented by the owner of the southern part of Isla Real (Isla de la Pena), have expressed:
1. There are doubts on the legitimacy of the title itself and;
2. That if it was proved real, the title does not correspond to the area where Isla Mariana is located, but rather is located several kilometers away.
The reasons to doubt the legitimacy of the Agrarian Title include:
1. Lack of Records: Inspections in 1997 and in 2004 made by the Property Department of the Ministerio de Hacienda (currently Intendencia de la Propiedad or Property Intendency) when the request for compensation case presented by the confiscated previous owner was being analyzed, describe which Agrarian Titles were issued, and none of this reports mention the 275 manzana Agrarian Title;
2. Letters issued by the Property Intendency in 2005 and in 2006 certify there are no records of this Agrarian Title;
3.- A lawsuit was presented against the Agrarian Title by a third party questioning its legitimacy;
The reasons against the argument that the Agrarian Title is located over Isla Mariana include:
1.- Nature of Land: Agrarian Reform Law establishes that the titles are granted for agrarian purposes. The land where Isla Mariana is located is non-agricultural;
2.- Private professional surveyors have stated that the boundaries described in the Title do not correspond to the area where Isla Mariana is located;
3.- A lawsuit was presented against the Agrarian Title by a third party questioning its legitimacy;
There are other reasons to doubt the legitimacy and location of the title, but since there have been breaches of information we do not want to disclose all of our arguments in case we need to go to court.
This leads to the next question: If the Agrarian Title is valid and corresponds to Isla Mariana, why a lawsuit has not been presented in court yet by those who claim the Agrarian Title covers Isla Mariana?
Allegations have led to investigations from the Nicaraguan State through the Contraloria General de la Republica. The previous legal advisor for the Municipality, who signed a letter in favor of the Agrarian Title, was removed from office. One of the past documents, was a letter from the Property Intendency issued by the highest-ranking officer. But the officer that signed this letter was removed from office in questionable circumstances.
As you can see, our position is that the Bramwells holders of this Agrarian Title, without reason, are trying to keep the land where Isla Mariana is located. There is a possibility they might start a case in a court of law.
As developers, we have not waited for a court case to do our best to help resolve current issues for those who trusted us. For years we have done a lot of research, invested in attorneys, surveyors, meetings, title searches, interviews with authorities and devoted a lot of time to make sure we secure our interests in Isla Mariana.
Isla Mariana is our first project in Nicaragua, and we are committed to protect our clients, and make the project a reality. At this time, Isla Mariana has obtaining and renewed our environmental permit from the department of MARENA which includes the civil engineering development plans of infrastructure and allows us to submit our request for a construction permit to begin construction immediately.
Our position is the same as it has been since January 2006, we will never associate our company with Geoff or John Bramwell or anyone associated with the Bramwells, particularly because of their past questionable activities in Nicaragua, their efforts to extort our company, discredit our reputation and have no environmental permits to develop property in Nicaragua. Buyers should perform their due diligence on the Bramwells and verify they have the MARENA environmental permit to develop their properties on the island and confirm the title they are purchasing with a well respected law firm with experience in the matter of the title searches on the island.
In summary, the Bramwells have purchased an Agrarian Title and are trying to assert that it takes precedence. Irrespective of the fact that their title has multiple problems, the Bramwells are trying to argue that it supersedes all others and continue to market and sell this fake agrarian title to unsuspecting buyers. Its convenient to purchase a title for pennies on the dollar in order to make the claim that it covers all of the neighbours beachfront. Convenient, but not plausible.
The Bramwells purchased a fraudulent agrarian title for a fraction of the previously established market value of land in the area. It is a textbook case of too good to be true. They have been scammed, which is unfortunate. The Bramwells incentive to fight is extremely high, as they will be left with but a few manzanas of land when the Agrarian title is ultimately discredited. Developing this small area may not be economically feasible. Thus, their impetus to resort to any and all means to defend their claim is very strong. This is a nuisance, but not a major roadblock for our company.
Our goal, and our commitment to owners is to build a relaxing, fun-in-the-sun, beachfront community that all will want to visit and enjoy. Please be assured that temporary obstacles will not deter us.
