Central Florida Attorney Charged With Theft Of Client's Foreclosure Sale Surplus Proceeds

In Central Florida, the Ocala Star Banner reports on the experience of a couple who lost their home in a foreclosure sale where, apparently unbeknownst to them, the sale price at auction exceeded the amount due to the foreclosing lender by $36,000 - an amount that rightfully belonged to the couple:

• After the foreclosed home was sold, the $36,000 in surplus equity was held by the Marion County Clerk of the Court Registry. In January 2007, [foreclosed homeowner Nicolas P. Cabrera Jr.] received a letter from Citivest Group, LLC in Apopka, telling him that they had found his money in a records search and offered to recover the money for him for a fee. Cabrera signed a contract with Citivest in June. Citivest then hired [Orlando attorney Norman Sanders] Moss to recover Cabrera's money.

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• In December 2007, Cabrera received a letter from Moss stating that, after signing an affidavit, Cabrera would receive a check for $31,453.10. That would be the balance owed to Cabrera after Citivest was paid its $4,289.06 fee and Moss was paid his $789.86 fee. Cabrera signed the affidavit and returned it to Moss. But the $31,453.10 check never materialized.

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• In the meantime, Citivest filed a civil suit and, on April 16, received a $320,381.97 final judgment against Moss. Moss allegedly has absconded with more than $107,000 from four Citivest clients, including Cabrera.

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• Moss was arrested and charged with grand theft, a second-degree felony. He will be arraigned June 20 in an Orange County courtroom. Also, at the request of the Florida Bar Association, the Florida Supreme Court granted an emergency suspension of Moss' license. The final hearing on Moss's law license is scheduled for June 6 at the Seminole County Courthouse.

For more, see Couple says lawyer took their money.