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LEASE-BACK DEALS: Condominium owners file lawsuit

16 sue developer, alleging fraud




New York retirees Amy and Frank Taddeo moved to Henderson in 2006, debt-free, with funds to spare.

Today the Taddeos are raiding their savings to shore up a sagging Las Vegas real estate investment they made that same year at the upscale Meridian condominium property just east of the Strip.


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  • A "swindle" is what Amy Taddeo now calls the deal.

    Along with 15 other Meridian owners, the Taddeos have sued the property's developer and operator, alleging fraud, conspiracy and wrongful taking of furniture and funds.

    On Friday, attorney Michael Mushkin filed a complaint in state court on behalf of 16 owners against 14 named defendants -- including American Invsco, which bills itself as the nation's leader in condo conversions -- as well as other defendants yet to be identified.

    Plaintiffs are seeking an injunction, punitive and other damages and the rescinding of their purchase contracts. In the short term, their lawsuit seeks an accounting for $5.9 million in homeowner association money and furniture plaintiffs claim is missing.

    The Taddeos' purchase contract with lease-back agreement guaranteed them $4,000 a month in rental income for three years, whether Meridian management kept their condo empty or full.

    "If they did not offer me $4,000 a month plus incentives ... I would have walked away" from the purchase, Frank Taddeo says.

    Like other Meridian owners in the lease-back pool, the Taddeos haven't received a rent check since June. He and his wife are current on their unit's mortgage, despite the loss of promised income, but won't say how long they can afford to keep on paying.

    "Our view is, this is an orchestrated fraud perpetuated by a group of very sophisticated real estate people," Mushkin said. "I will not initially file it as a class, because I want to seek some extraordinary relief, right away. Furniture has to stop disappearing. People have to stop making threats."

    Defendants in the lawsuit include four individuals and 10 businesses associated with the Meridian, 250 E. Flamingo Road.

    "I didn't know I'd be individually named," Rebekah DeSmet, one defendant, said Friday. She is project manager of the Meridian for American Invsco, and owns a unit.

    Another defendant is Michael Mackenzie, who did not return phone messages Friday asking for comment. Mackenzie has never owned a Meridian unit, but is a vice president of American Invsco, and served on the Meridian homeowners association board until he was voted off in August.

    The defendant businesses are described in the complaint as a web of entities that work with each other, but failed to disclose crucial information to Meridian buyers.

    They have controlled functions such as the sale of units, leasing of units, furnishing of units, collecting and spending of homeowner membership dues.

    Besides American Invsco Corp., defendants include American Invsco Realty, Condominium Rental Services, Meridian Private Residences and Executive Locations.

    American Invsco officials did not respond to requests for comment.

    None of Mushkin's clients was told at purchase that the lease-back program would entail overnight stays. A commercial overnight rental property would not have qualified for the lower interest rates of a residential mortgage, the lawyer said, implying mortgage fraud.

    His clients claim Meridian sales staff told them they had to use the appraiser, title companies and lenders designated by the defendants.

    Two plaintiffs have a March 2006 letter from DeSmet in which she denied a hotel operation existed.

    "Resort style marketing has led some to believe we are running a condo hotel, which is absolutely false," she wrote.

    The couple requested the letter after a nonpreferred lender denied them a mortgage because it considered the Meridian a condo hotel, rather than a conventional condo project.

    Trouble at the 678-unit Meridian has been public since June, when the Review-Journal reported an illegal hotel operation, which Clark County shut down in July.

    The county is investigating how much the Meridian owes in room taxes for summer 2007 to summer 2008. Plaintiffs also are seeking protection from having to pay any taxes incurred by management's decision to open a hotel.

    Funds unaccounted for are significant. The homeowners association has approximately $35,000, a staffer said at an August meeting. But it should have $960,000 in reserves and be able to account for an operating budget of $4.9 million in the last two years, according to Mushkin's calculations of dues that should have been collected.

    Some "plaintiffs have inspected their ... units and found them devoid and stripped of the furniture and appliances they had paid for," according to the complaint.

    Others, such as Mary and Victor Heldt, paid $26,000 for specified furnishings to join the rental pool, but recently discovered an unauthorized switch.

    "My teak patio center is now aluminum Target furniture," Mary Heldt said.

    Las Vegas Businesss Press reporter Valerie Miller contributed to this report. Contact reporter Joan Whitely at jwhitely @reviewjournal.com or 702-383-0268. Contact reporter Valerie Miller at vmiller @lvbusinesspress.com or 702-387-5286.

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    Miss Piggy wrote on October 17, 2008 06:07 PM: Is Michael Mckenzie that polyester-suit looking dude?


    Otto E. Roticize wrote on October 17, 2008 03:02 PM: LMFAO @ Meridian Newbies! WTF nation leading condo developers HAHA G00D Fkn GAME NEXT.


    VegasGurl wrote on October 04, 2008 03:52 AM: "She and her husband paid $300,000 cash down when they bought their $654,000 unit, which currently sits vacant."

    Why on earth would they pay $654,000 for a condo conversion--in the dumpy Meridian no less--when there were many other newly constructed condos for sale like Panorama, Trump Towers, etc. Must have been the $$$$ in their eyes. If it sounds to good to be true, it usually is.


    concerned wrote on October 01, 2008 07:54 AM: Hot off the press the saviors of the distressed Meridian Owners are here: Michael T. Mackenzie, Dan Somers, Konstantino Kouros and their puppets. The new game is fractional sales/tenants in common, and now they can sell the units all over again with multiple owners for each unit. With multiple owners you can jack the price up accordingly, therefore increasing the commissions to be paid to the saviors. Konstantino Kouros's new company can rescue you from foreclosure, and he is doing it for a mere pittance, and offering a discount off of the pittance...again in the guise of a Meridian distressed owner savior. What a God-send!, but remember things are not always as they seem. Let us take a look at the players:

    Michael T. Mackenzie, Senior VP American Invsco Realty, who ran the Meridian HOA Board along with Michael Zink. They both apparently have very little regard for the law...I say this because they failed over & over again to follow the NRS; under their leadership an illegal overnight hotel rental program was run, Mackenzie flat out lied to the Owners about the legality of the program, on numerous occasions; for some reason the required by law yearly audited financial records were not done, and the required documents when AI transferred the HOA to the Owners is also missing; fiduciary responsibilities meant nothing to Mackenzie, which leads to his malfeasance; Mackenzie's interests were solely for himself and AI.

    On 3/21/07, Dan Somers wrote a scathing letter, about the misdeeds of both AI & Mackenzie, to the owners of the Meridian. It was an expose' in the truest sense of the word. Though the facts have not changed...we now find Somers on the other side of the fence partners with Mackenzie - apparently GREED can certainly change ones's perspective.


    flyonthewall wrote on September 30, 2008 06:01 AM: Maybe someone can explain how American Invsco (AI) was able to get favorable appraisals that allowed for CRS (another AI entity)to receive a check from the Title Company at closing which covered AI's special two year pay for just about everything program, as well as a hefty $15,000 per year management fee for each unit which participated in CRS's rental program? Any money collected for actual rentals went entirely to CRS/AI. Keep in mind the fact that AI failed to disclose where the money was coming from to finance their special incentive program to the buyers. I would be remiss not to mention that at closing a check was also cut to Koval Flamingo/AI for construction costs; who did these favorable appraisals for AI and why? How did some investors get away with putting no money down on their investment properties, and in some cases walked away with cash in their pockets? Can one say mortgage fraud: collusion between AI, the appraiser(s), the mortgage company, and the Title company.

    What about the SEC violations for selling condominiums as investment properties without being registered with the SEC? Yes, if real property is sold in the wrong way it is considered a security and has to be registered as such. Ask AI's Real Estate expert Scott Oelke about his presentations to potential marks, which had nothing to do with buying a property to live in - everything to do with the economic benefits & the special incentive rental programs available.

    What about the forging of documents which were sent to Fannie Mae & Freddie Mac? American Invsco hired temps and directed them to do their dirty deeds, and then let them go.

    Invsco's dirty laundry list: mortgage fraud, fraud, SEC violations, money laundering, racketeering, numerous NRS violations, & running a scam.


    napping wrote on September 29, 2008 10:58 PM: I guess no one told 'em vegas is teaming with crooks.


    bobby wrote on September 29, 2008 09:12 PM: The sad thing is that its not the only place, other places have said they would rent it out for a monthy fee. You had these fools buying thinking it would be easy money so bo ho on buyer and realtors will pay for the wrong doing and which is still going on.


    nick wrote on September 29, 2008 08:44 PM: 4k a month plus incentives, talk about a bad sales pitch,

    these greedy people were setup by shady sales scammers,

    the money they are after doesn't exist.

    toss this lawsuit aside.


    Native Nevadian wrote on September 29, 2008 08:14 PM: Apparently none of these 15 owners passed basic math or conducted any research on rental properties in the Valley.

    Rentals in Vegas, tend to be cheap, compared to other areas of the country. So why they would think they could rent their box within a box out for a month a clear 4k, is beyond me.

    Sorry I can't feel their pain at all.....


    Whistle-blower wrote on September 29, 2008 05:53 PM: Why are Clark County Building Inspectors signing off on these ABORTIONS? ANYBODY?


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