Empathy List Archives

RC

RPPTL CLC-Discussion

Thu, Sep 15, 2022 2:38 PM

Good Morning. Our firm represents a contractor who installed PVC gravity sewer pipe that was scratched on the inside by a forklift. Owner is demanding that contractor remove and replace the pipe. Contractor contends that scratches are purely cosmetic and do not affect the functionality or longevity of the pipe. Any recommendations for an expert to inspect the pipe and opine as to whether it needs to be replaced?

Angela M. Covington, Esq.
Carey, O'Malley, Whitaker, Mueller,
Roberts & Smith, P.A.
712 South Oregon Avenue
Tampa, Florida 33606
Ph 813-250-0577 / Fax 813-250-9898
Email: acovington@careyomalley.com mailto:acovington@careyomalley.com
Board Certified in Construction Law

This information is for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address by regular mail.

Good Morning. Our firm represents a contractor who installed PVC gravity sewer pipe that was scratched on the inside by a forklift. Owner is demanding that contractor remove and replace the pipe. Contractor contends that scratches are purely cosmetic and do not affect the functionality or longevity of the pipe. Any recommendations for an expert to inspect the pipe and opine as to whether it needs to be replaced? Angela M. Covington, Esq. Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A. 712 South Oregon Avenue Tampa, Florida 33606 Ph 813-250-0577 / Fax 813-250-9898 Email: acovington@careyomalley.com<mailto:acovington@careyomalley.com> Board Certified in Construction Law This information is for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address by regular mail.

RC

RPPTL CLC-Discussion

Thu, Sep 15, 2022 7:14 PM

Must be a large-diameter pipe if a forklift could fit in it!

As an expert, how about:

Brian J. DuChene, PE

Principal

Florida Manager I Facilities

Terracon

1675 Lee Road I Winter Park, FL 32789

D (407) 740 8063 I F (407) 740 6112 I M (407) 760 3642

mailto:brian.duchene@terracon.com brian.duchene@terracon.com I
http://www.terracon.com/ terracon.com

He's got a materials-science background, but had done loads of forensic
engineering/construction "experting" in the past >30 years.

Good luck!

Bryan L. Capps, Esq.

Board Certified in Construction Law by The Florida Bar

The Construction Law Firm

P.O. Box 560693

Orlando, FL 32856

(407) 674-0674

(407) 808-0098

bcapps@theconstructionlawfirm.com mailto:bcapps@theconstructionlawfirm.com

www.theconstructionlawfirm.com http://www.theconstructionlawfirm.com/

Offices: Orlando

From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL
CLC-Discussion
Sent: Thursday, September 15, 2022 10:39 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Expert

Good Morning. Our firm represents a contractor who installed PVC gravity
sewer pipe that was scratched on the inside by a forklift. Owner is
demanding that contractor remove and replace the pipe. Contractor contends
that scratches are purely cosmetic and do not affect the functionality or
longevity of the pipe. Any recommendations for an expert to inspect the
pipe and opine as to whether it needs to be replaced?

Angela M. Covington, Esq.

Carey, O'Malley, Whitaker, Mueller,

Roberts & Smith, P.A.

712 South Oregon Avenue

Tampa, Florida 33606

Ph 813-250-0577 / Fax 813-250-9898

Email: acovington@careyomalley.com mailto:acovington@careyomalley.com

Board Certified in Construction Law

This information is for the use of the individual or entity to which it is
addressed, and may contain information that is privileged, confidential and
exempt from disclosure under applicable law. If the reader of this message
is not the intended recipient, or the employee or agent responsible for
delivering the message to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is
strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone, and return the original message
to us at the above address by regular mail.

Must be a large-diameter pipe if a forklift could fit in it! As an expert, how about: Brian J. DuChene, PE Principal Florida Manager I Facilities Terracon 1675 Lee Road I Winter Park, FL 32789 D (407) 740 8063 I F (407) 740 6112 I M (407) 760 3642 <mailto:brian.duchene@terracon.com> brian.duchene@terracon.com I <http://www.terracon.com/> terracon.com He's got a materials-science background, but had done loads of forensic engineering/construction "experting" in the past >30 years. Good luck! Bryan L. Capps, Esq. Board Certified in Construction Law by The Florida Bar The Construction Law Firm P.O. Box 560693 Orlando, FL 32856 (407) 674-0674 (407) 808-0098 bcapps@theconstructionlawfirm.com <mailto:bcapps@theconstructionlawfirm.com> www.theconstructionlawfirm.com <http://www.theconstructionlawfirm.com/> Offices: Orlando From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion Sent: Thursday, September 15, 2022 10:39 AM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Expert Good Morning. Our firm represents a contractor who installed PVC gravity sewer pipe that was scratched on the inside by a forklift. Owner is demanding that contractor remove and replace the pipe. Contractor contends that scratches are purely cosmetic and do not affect the functionality or longevity of the pipe. Any recommendations for an expert to inspect the pipe and opine as to whether it needs to be replaced? Angela M. Covington, Esq. Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A. 712 South Oregon Avenue Tampa, Florida 33606 Ph 813-250-0577 / Fax 813-250-9898 Email: acovington@careyomalley.com <mailto:acovington@careyomalley.com> Board Certified in Construction Law This information is for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original message to us at the above address by regular mail.

RC

RPPTL CLC-Discussion

Fri, Sep 16, 2022 8:46 PM

Folks,

This is the type of problem our law school professors told us to pay attention to even though you had no intention of ever practicing in the area of law. I obviously failed to listen to (I know that will come as shock to those of you who know me) since I am clueless to help a very good contractor client of mine who just called me.

I need advice as to how to track down a new mortgage servicing company. Seems my client's elderly relative took out a reverse mortgage several years ago. The relative now needs to draw down more funds but does not know who to contact. The mortgage was assigned to HUD about 5 years ago, and probably reassigned, although I do not see anything in the OR Book showing same occurred. My clients relative has not had any communications from any entity pertaining to the mortgage since notice of the Assignment years ago. My client has contacted the original mortgage company as well as HUD, but no one has been able to provide him with an answer as to the status of the mortgage or who the servicing company present is.

Short of enlisting the FBI to go seize all HUD documents from its headquarters dealing with reverse mortgages, I am at a loss as to finding out who the servicing company could be given my client, who is a fairly sophisticated executive, has hit a dead end with his efforts to get same from HUD. Suggestions would be greatly appreciated. Please just respond to me at my email address below to avoid cluttering our membership emails with this oddity.

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman@wormanlaw.com mailto:rworman@wormanlaw.com
www.wormanlaw.com http://www.wormanlaw.com/

NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

Folks, This is the type of problem our law school professors told us to pay attention to even though you had no intention of ever practicing in the area of law. I obviously failed to listen to (I know that will come as shock to those of you who know me) since I am clueless to help a very good contractor client of mine who just called me. I need advice as to how to track down a new mortgage servicing company. Seems my client's elderly relative took out a reverse mortgage several years ago. The relative now needs to draw down more funds but does not know who to contact. The mortgage was assigned to HUD about 5 years ago, and probably reassigned, although I do not see anything in the OR Book showing same occurred. My clients relative has not had any communications from any entity pertaining to the mortgage since notice of the Assignment years ago. My client has contacted the original mortgage company as well as HUD, but no one has been able to provide him with an answer as to the status of the mortgage or who the servicing company present is. Short of enlisting the FBI to go seize all HUD documents from its headquarters dealing with reverse mortgages, I am at a loss as to finding out who the servicing company could be given my client, who is a fairly sophisticated executive, has hit a dead end with his efforts to get same from HUD. Suggestions would be greatly appreciated. Please just respond to me at my email address below to avoid cluttering our membership emails with this oddity. Regards, Robert B. Worman Robert B. Worman Worman & Sheffler, P.A. 2600 Lake Lucien Drive Suite 405 Maitland, Florida 32751 407 843-5353 REMOTE OFFICE DIRECT PHONE 561 336-4982 rworman@wormanlaw.com<mailto:rworman@wormanlaw.com> www.wormanlaw.com<http://www.wormanlaw.com/> NOTICE: THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A. TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

RC

RPPTL CLC-Discussion

Sat, Sep 17, 2022 1:59 PM

On Fri, Sep 16, 2022 at 4:55 PM RPPTL CLC-Discussion <
clc-discussion@lists.flabarrpptl.org> wrote:

Folks,

This is the type of problem our law school professors told us to pay
attention to even though you had no intention of ever practicing in the
area of law. I obviously failed to listen to (I know that will come as
shock to those of you who know me) since I am clueless to help a very good
contractor client of mine who just called me.

I need advice as to how to track down a new mortgage servicing company. Seems
my client’s elderly relative took out a reverse mortgage several years ago.
The relative now needs to draw down more funds but does not know who to
contact. The mortgage was assigned to HUD about 5 years ago, and probably
reassigned, although I do not see anything in the OR Book showing same
occurred. My clients relative has not had any communications from any
entity pertaining to the mortgage since notice of the Assignment years ago.
My client has contacted the original mortgage company as well as HUD,
but no one has been able to provide him with an answer as to the status of
the mortgage or who the servicing company present is.

Short of enlisting the FBI to go seize all HUD documents from its
headquarters dealing with reverse mortgages, I am at a loss as to finding
out who the servicing company could be given my client, who is a fairly
sophisticated executive, has hit a dead end with his efforts to get same
from HUD. Suggestions would be greatly appreciated. Please just respond
to me at my email address below to avoid cluttering our membership emails
with this oddity.

Regards,

Robert B. Worman

Worman & Sheffler, P.A.

2600 Lake Lucien Drive

Suite 405

Maitland, Florida 32751

407 843-5353

REMOTE OFFICE DIRECT PHONE 561 336-4982

rworman@wormanlaw.com

www.wormanlaw.com

*NOTICE: *

THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS
CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT
THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD
COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU
HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN
E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE
NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY
TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY
ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.

*TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY
THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE
CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS
OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE
USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE
CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY
MATTERS ADDRESSED HEREIN. *

*PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR
THAT PURPOSE. *

CLC-Discussion mailing list
CLC-Discussion@lists.flabarrpptl.org
http://mailman.fsr.com/mailman/listinfo/clc-discussion

This is a not uncommon problem, especially after the market crash in
2008. MERS has a national database that tracks this sort of thing. You
will need the name of the original mortgagee, and you will need the
borrower's social security number. Thanks. Arlene Udick

--

Arlene C. Udick, Esq.

(p) 352-391-1888

(c) 352-217-3176

This office is closed on Fridays.

On Fri, Sep 16, 2022 at 4:55 PM RPPTL CLC-Discussion < clc-discussion@lists.flabarrpptl.org> wrote: > Folks, > > > > This is the type of problem our law school professors told us to pay > attention to even though you had no intention of ever practicing in the > area of law. I obviously failed to listen to (I know that will come as > shock to those of you who know me) since I am clueless to help a very good > contractor client of mine who just called me. > > > > I need advice as to how to track down a new mortgage servicing company. Seems > my client’s elderly relative took out a reverse mortgage several years ago. > The relative now needs to draw down more funds but does not know who to > contact. The mortgage was assigned to HUD about 5 years ago, and probably > reassigned, although I do not see anything in the OR Book showing same > occurred. My clients relative has not had any communications from any > entity pertaining to the mortgage since notice of the Assignment years ago. > My client has contacted the original mortgage company as well as HUD, > but no one has been able to provide him with an answer as to the status of > the mortgage or who the servicing company present is. > > > > Short of enlisting the FBI to go seize all HUD documents from its > headquarters dealing with reverse mortgages, I am at a loss as to finding > out who the servicing company could be given my client, who is a fairly > sophisticated executive, has hit a dead end with his efforts to get same > from HUD. Suggestions would be greatly appreciated. Please just respond > to me at my email address below to avoid cluttering our membership emails > with this oddity. > > > > Regards, > > Robert B. Worman > > Robert B. Worman > > Worman & Sheffler, P.A. > > 2600 Lake Lucien Drive > > Suite 405 > > Maitland, Florida 32751 > > 407 843-5353 > > *REMOTE OFFICE DIRECT PHONE 561 336-4982* > > rworman@wormanlaw.com > > www.wormanlaw.com > > > > *NOTICE: * > > *THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS > CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED. IF YOU ARE NOT > THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD > COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU > HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN > E-MAIL OR BY TELEPHONE AT 407-843-5353 AND DELETE THIS MESSAGE. PLEASE > NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY > TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY > ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.* > > *TAX ADVICE DISCLOSURE: TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY > THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE > CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS > OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE > USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE > CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY > MATTERS ADDRESSED HEREIN. * > > *PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS > ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION PROVIDED WILL BE USED FOR > THAT PURPOSE. * > > > > > > > _______________________________________________ > CLC-Discussion mailing list > CLC-Discussion@lists.flabarrpptl.org > http://mailman.fsr.com/mailman/listinfo/clc-discussion > This is a not uncommon problem, especially after the market crash in 2008. MERS has a national database that tracks this sort of thing. You will need the name of the original mortgagee, and you will need the borrower's social security number. Thanks. Arlene Udick -- *Arlene C. Udick, Esq.* *(p) 352-391-1888* *(c) 352-217-3176* *This office is closed on Fridays.*