NOT GUILTY!
ON
FEBRUARY 4, 2019, DR. BASILIS N. STEPHANATOS, PHD, PE, JD WAS FOUND NOT
GUILTY BY A JURY OF HIS PEERS IN BERGEN COUNTY, NEW JERSEY
RE: STATE V. BASILIS STEPHANATOS
DOCKET NUMBER 17-1723
INDICTMENT NUMBER 11-09-810-2
JURY FOUND DR. STEPHANATOS NOT-GUILTY OF FOUR VERY SERIOUS CHARGES
This was a not-guilty verdict on all four (4)
very serious charges on the indictment obtained in September 2011.
Importantly, the sheriff officers
testified under oath that they failed to “knock and announce” prior to
performing a search of Stephanatos' home.
The
numerous contradicting statements
of the sheriff officers provided further proof that they fabricated
their
charges against Dr. Stephanatos. The events occurred during an eviction
where they used a void ab initio writ of possession obtained by the
antitrust conspirators Robert Del Vecchio, Jr., Esq., American Tax
Funding, LLC, Matthew Marini, Keith Bonchi, et al on June 28, 2011.
THE PASSAIC COUNTY
PROSECUTOR PROVIDED “SMOKING GUN” EVIDENCE AGAINST ROBERT DEL VECCHIO
On January 23, 2019, as part of the
pre-trial discovery, the Passaic County prosecutor, Mr. Stephen Bollenbach,
provided Dr. Stephanatos with several handwritten pages prepared by Defendant Robert Del
Vecchio, Jr., Esq. in May 2011. The newly
discovered pages show that Defendant Del Vecchio faxed letters to the Passaic
County Sheriff stating that Stephanatos was a “dangerous Deft” and that Stephanatos had threatened him on May 24,
2011. All these written statements by
Defendant Del Vecchio were fabricated by him to prejudice the Passaic County
Sheriff against Stephanatos and to force Stephanatos out of his home using the
void ab initio ex-parte writ of possession.
A MALICIOUS
PROSECUTION CLAIM WILL BE SUBMITTED TO THIS COURT
Dr. Stephanatos will be filing a claim of malicious
prosecution claim.
This claim is timely, as the criminal proceedings ended in Dr. Stephanatos' favor on
February 4, 2019. The malicious
prosecution claim is a tort action brought in civil court to recover money
damages for the harm suffered from the malicious claim. Dr. Stephanatos will seek to recover money from the
Defendants for the various costs associated with having to defend against the
baseless and vexatious charges. The
damages will include the cost of making a $300,000 cash bond, attorney
fees,
and economic harm from being wrongfully incarcerated and not being able
to find
employment or pursue his law license as a result of the pending charges
for the
last 8 years. Dr. Stephanatos will also seek to recover money for the
emotional distress
associated with being jailed and wrongfully prosecuted for the last 8
years and for the malicious
statements made by Defendant Robert Del Vecchio to the sheriff, damaging
his good standing and reputation in the community for the last 8 years.
==========================================
MAJOR
BOMBSHELL UNCOVERED BY METROFORENSICS: New Jersey's Office of Foreclosure has
either negligently or intentionally violated a number of state tenancy laws and
coerced the Superior Court Clerk into issuing illegal eviction orders
SenVanDrew@njleg.org;
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jaynee.lavecchia@judiciary.state.nj.us;
barry.albin@judiciary.state.nj.us; lee.solomon@judiciary.state.nj.us;
walter.timpone@judiciary.state.nj.us; anne.paterson@judiciary.state.nj.us; fj.fernandez-vina@judiciary.state.nj.us; stuart.rabner@judiciary.state.nj.us;
stuart.rabner@njcourts.gov; 'Sven Pfahlert'
<sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert'
<sven.pfahlert@njcourts.gov>; 'Michelle Smith'
<Michelle.Smith@njcourts.gov>; 'Irene Komandis'
<irene.komandis@njcourts.gov>;
SenVanDrew@njleg.org; SenSweeney@njleg.org;
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SenRuiz@njleg.org; SenSinger@njleg.org; SenSacco@njleg.org; SenStack@njleg.org;
SenPou@njleg.org; SenSarlo@njleg.org; SenWeinberg@njleg.org;
SenLagana@njleg.org; stuart.rabner@judiciary.state.nj.us;
stuart.rabner@njcourts.gov; 'Sven Pfahlert'
<sven.pfahlert@judiciary.state.nj.us>; 'Sven Pfahlert'
<sven.pfahlert@njcourts.gov>;
December 15, 2018
RE:
MAJOR SCANDAL REGARDING THE VIOLATION OF THE STATE’S TENANCY LAWS BY THE
SUPERIOR COURT
Dear Legislators and Justices:
It has been reported in the media (see excerpts below) that the Office of
Foreclosure has either negligently or intentionally violated a number of state
tenancy laws by:
1. Entering
ex-parte writs of possession the same day as a judgment for possession in
violation of N.J.S.A. 2A:18-57;
2. Entering ex parte writs of possession without
the requisite notice for demand to quit in violation of 2A:18-61.2 and/or NJSA
2A:18-53 (addressing the removal of tenant at sufferance)
3. Entering an ex-parte judgment for possession
without receiving a proof of notice to quit that is prerequisite to judgment
(See N.J.S.A. 2A:18-56);
4. Accepting as true the self-certifications of
bank attorneys that a residential property occupier had no possessory rights
when according to state case law these people are tenant-at-sufferance,
protected by the Summary Dispossess Act, N.J.S. 2A:18-53 (See the definition of
tenant found in NJSA 46A:14-1, stating that a tenant-at-sufferance is included
in the definition of a tenant)
It is apparent that lawyers for the banks and other creditors have been
colluding with the office of foreclosure lawyers to violate the tenancy laws of
the state. THIS IS A MAJOR SCANDAL AND/OR CORRUPTION IN THE STATE'S
JUDICIARY BRANCH.
The State’s own law revision commission states the following:
Since enactment of the Anti-Eviction Act, N.J.S.A. 2A:18-61.1 et seq., the
Summary Dispossess Act has been understood to cover the eviction of
nonresidential tenants and residential tenants not covered by the Anti-Eviction
Act. Source: STATE OF NEW JERSEY, NEW JERSEY LAW REVISION COMMISSION,
Final Report Relating to Landlord and Tenant Law, February 10, 2012.
This tenancy at sufferance is included in the definition of tenant in the New
Jersey statutes: "Tenant" includes, but is not limited to, a lessee
or tenant at will or at sufferance or for any duration, or any subtenants,
assigns, or legal representatives of the lessee or tenant. Title 46A – Landlord
and tenant law. Article 5, eviction, chapter 14, eviction generally.
46A:14-1: Tenant, landlord, residential rental premises; what is included.
Here is some of the case law of New Jersey:
Under New Jersey law, "[a] purchaser at a mortgage foreclosure sale
obtains the legal right to possession of land purchased as soon as he obtains a
deed from the selling officer." 30 New Jersey Practice, Law of Mortgages §
373. The mortgagor's continued possession of the property after such time is
that of a tenant at sufferance. See Caruso v. Hunt, 69 N.J.Super. 447, 452, 174
A.2d 381 (Ch.Div. 1961) (quoting 2 C.J.S. Adverse Possession § 105, page 659)
("The owner's continued possession after sale of the property at
execution, judicial, or like sale is that of a tenant at sufferance of the
purchaser”). In Re St. Clair, 251 B.R. 660 (D.N.J. 2000). We have found
that a tenant at sufferance is "'one who comes into possession of land by
lawful title, usually by virtue of a lease for a definite period, and after the
expiration of the period of the lease holds over without any fresh leave from
the owner.'" Xerox Corp. v. Listmark Computer Sys., 142 N.J. Super. 232,
240 (App. Div. 1976) (citing Standard Realty Co. v. Gates, 99 N.J. Eq. 271, 275
(Ch. 1926)). WA GOLF COMPANY, LLC v. ARMORED, INC, Appellate Division,
August 6, 2014.
To remove a tenant at sufferance, the
statutory procedures provided under the Summary Dispossess Act, N.J.S. 2A:18-53
et seq. must be followed. However, the lawyers for the creditors failed
to follow these procedures and therefore, the tenants-at-sufferance due process
rights established by the above state laws were violated.
The Office of Foreclosure and the
Clerk have been refusing to respond; that is why we are asking for your
intervention and investigation into these illegalities.
The Summary Dispossess Act, N.J.S. 2A:18-53 et seq. requires proof of notice to
quit prior to entering a judgment for possession.
2A:18-56. Proof of notice to quit prerequisite to judgment
No judgment for possession in cases specified in paragraph "a." of
section 2A:18-53 of this Title shall be ordered unless:
a. The
tenancy, if a tenancy at will or from year to year, has been terminated by the
giving of 3 months' notice to quit, which notice shall be deemed to be
sufficient; or
b. The
tenancy, if a tenancy from month to month, has been terminated by the giving of
1 month's notice to quit, which notice shall be deemed to be sufficient; or
c. The
tenancy, if for a term other than at will, from year to year, or from month to
month, has been terminated by the giving of one term's notice to quit, which
notice shall be deemed to be sufficient; and
d. It shall
be shown to the satisfaction of the court by due proof that the notice herein
required has been given.
In addition to the New Jersey, we also cite the law of the State of
Virginia. All other states have identical procedures.
Evictions and Unlawful Detainers in VA
House Bill 311 codifies certain roles and procedures during unlawful detainer
matters:
1. A former
owner of a single-family residential dwelling unit who remains in the property
after foreclosure is now defined as a tenant at sufferance.
2. A
successor owner has the right to file an unlawful detainer action three days
after giving the tenant written termination notice.
The Virginia law is identical to the
one New Jersey has. Almost every other state has similar procedures. The
Clerk and the Office of Foreclosure have been negligently or intentionally
colluding with the lawyers for the creditors to violate the due process rights
of tenants - and as is typical, the New Jersey Supreme Court is asleep at the
wheel.
ALERT REGARDING MR. PFAHLERT
CONFLICT OF INTEREST OF SVEN PFAHLERT
IN ISSUING OPINIONS ON FORECLOSURE MATTERS
What your Office of Foreclosure did was to then believe Mr. Sven Pfahlert’s (a
former private law firm employee with Honig & Greenberg, L.L.C. – these are
the people who have been attacking the homeowners and now he works for the
State of New Jersey - THIS IS A HUGE RED FLAG) incorrect and illegal advice and
enter an ex-parte judgment for possession without the prerequisite
notices. You then entered the very same day an ex-parte writ for
possession again in violation of the state statutes requiring notice to quit or
vacate. You also violated state law that says you cannot enter a writ the
same day you entered a judgment. To make matters worse, the judgment was
entered by judges in mercer county who had neither personal nor subject matter
jurisdiction over the homeowner or the property.
I LOOK FORWARD HEARING FROM YOU REGARDING THESE STATE LAW VIOLATIONS AND THE
CONFLICTS OF INTEREST REGARDING MR. PFAHLERT
I hereby certify under penalty of perjury that the foregoing statements made by
me are true and correct. I am aware that if any of the foregoing
statements made by me are willfully false, I am subject to punishment. NJ Court
Rule R. 1:4-4(b); 28 U.S.C. §1746.
Respectfully Submitted,
Mark Kaplan, Esq.
