Professional Documents
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CETEIAL BAK,
Defendants.
____________________________________
JOH CARROLL,
Counter-Plaintiff
vs.
Counter-Defendants.
____________________________________________/
Rule of Civil Procedure 1.380, moves for an Order compelling Coastal Community Bank
(“Coastal”) and non-party Heinz Falke to provide the appraisal of the subject property
of the subject property from Heinz Falke in order to facilitate a portfolio loan to
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Chairman DuBose’ son.
2. Heinz Falke is the same appraiser who performed all the earlier appraisals
3. Heinz Falke was partners with Defendant Byers and Coastal’s Chairman
DuBose during the time he was actively appraising and re-appraising the subject
property. Attorney for Defendants, Frank Baker, Esq., was attorney for the firm Byers
DuBose Falke, LLC. Heinz Falke has a special relationship with Defendants Byers and
Compel Production, Frank Baker, Esq. turned over what was purported to be all the
subject property which was in Coastal’s possession and rightfully due Carroll.
appraisal of the subject property to his deposition duces tecum. Heinz Falke testified to
7. Heinz Falke left his deposition without leaving behind a copy of the
Heinz Falke and Coastal have not turned over a copy of the appraisal to Carroll.
EXHIBIT A
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Centennial, Coastal and Heinz Falke to immediately turn over to Carroll each and every
appraisal of the subject property, levying sanctions against Centennial, Coastal and
John Carroll
Box 613524
WaterSound, FL 32461
Phone (850) 231-5616
Fax (850) 622-5618
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EXHIBIT A
In a message dated 6/11/2010 3:18:21 P.M. Central Daylight Time, hwfalke@comcast.net writes:
John,
Attached are the three appraisals described in the Notice of Deposition. If you require any additional
information, please contact me.
Sincerely,
Heinz W. Falke
St.Cert.Res.REA #RD4521
850-258-9917 (P)
850-230-4489 (F)
hwfalke@comcast.net
www.hwfalke.com
______________________________________________________________
Heinz,
Thanks for what you have sent. I am seeing at least (1) omission. That is the opinion you
certified on Lot 24, on or about December 2009. Your testimony indicated a value of construction
in place as well as an estimate from James Gortemoller on the cost to complete. Your testimony
indicated a completed value as well, based upon the spec's.
______________________________________________________________
In a message dated 6/11/2010 9:38:50 P.M. Central Daylight Time, hwfalke@comcast.net writes:
John,
I will contact the bank as well as Mr. Baker regarding that appraisal. That was prepared for CCB
for the purpose of internal risk analysis. Coastal may have to provide you that directly. That
appraisal was not prepared for loan underwriting and I will have to obtain a specific letter to
forward that to you. I am sure there won't be a problem but I must adhere to my USPAP
guidelines related to intended use and user. Again, I am not trying to withhold any data but
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merely make sure I am adhering to my regulations. I will make the phone call first thing Monday
morning so it doesn't delay you any further. I do apologize for any inconvenience this may cause.
I am aware of what is to be provided based on the deposition request. I spend a lot of time
reviewing and preparing appraisals for litigation purpose. If you have any questions or concerns
regarding this matter please feel free to contact me directly. As stated herein, I will make this my
first priority Monday morning. I know time is an important factor for you.
Sincerely,
Heinz Falke
______________________________________________________________________
Heinz,
I'm not a lawyer so I have to check, check, check Statute, Procedure, etc. I will tell you that I
am 100% confident that you should turn that appraisal over to me without any more delay. I can't
say anymore than you are ON NOTICE.
Seriously, John
_______________________________________________________________________
John,
I have left a message for Mr. Frank Baker regarding this matter. I was instructed by my clients to
obtain verification from Mr. Baker regarding the release of that report. As stated in the previous
emails that report was prepared for internal risk analysis, not mortgage loan underwriting. I will
do exactly as I am instructed by the Bank’s Attorney. Please be patient as I did exactly what I
said and called both Coastal Community bank and Mr. Frank Baker regarding your request.
Please do not confuse my adherence to my applicable regulations as me being difficult or
evasive.
Sincerely,
Heinz W. Falke
St.Cert.Res.REA #RD4521
850-258-9917 (P)
850-230-4489 (F)
hwfalke@comcast.net
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www.hwfalke.com
_____________________________________________________________
> From: AAbsolute@aol.com [mailto:AAbsolute@aol.com]
Sent: Thursday, June 17, 2010 9:32 AM
To: hwfalke@comcast.net
Subject: Re: Appraisals
Heinz,
You produced the appraisal and testified to its contents during deposition. Unfortunately for
me, by the time I finished the following deponent, you were gone and no copy was left per the
deuces tecum. I'm going to make a Motion to the Court this morning. I'll copy you and Mr. Baker
on its contents.
John Carroll
______________________________________________________________
John,
I was instructed by Mr. Frank Baker to defer any contact or requests to him. I am not a lawyer or
a defendant, so please stop asking me for items pertaining to your case directly. Please contact
the defending attorney for any requests regarding specific documents.
Sincerely,
Heinz W. Falke
St.Cert.Res.REA #RD4521
850-258-9917 (P)
850-230-4489 (F)
hwfalke@comcast.net
www.hwfalke.com