Two of the biggest names in tourism have terminated their partnership with Seaside Mariana Spa & Golf Resort, a massive development project planned for Nicaragua’s central Pacific coast.
Wyndham Hotel Group and Nicklaus Design have independently issued termination letters announcing their pullout from Seaside Mariana due to concerns about the project’s legal troubles and slow progress.
“Due to the owner’s prior failures to perform its obligations under the agreement in a timely manner, and in view of recent developments which have called into question owner’s statements concerning the future construction of the golf course and the ability of owner to perform the agreement, the company has no alternative but to invoke its termination rights,” reads a letter sent by Nicklaus Design to Grupo Mariana chairman Kevin Fleming last Monday. “Our association with the project in any capacity is having an adverse effect upon the company and Jack Nicklaus’ name, stature and reputation.”
Fleming and his lawyers insist the root cause of the problem is an “illegal lawsuit” filed against Seaside Mariana by a disgruntled investor who is seeking more than $2 million in damages. The plaintiff is demanding $1 million to compensate for the “constant stress caused by the loss of trustworthiness and prestige among his friends” for investing in the project, and $423,000 in alleged loss of profits that he might have earned had he instead invested his money in his “thriving 12% per annum mortgage business in Canada.”
part of the master plan for Seaside Mariana
The lawsuit against Seaside Mariana was officially filed and registered last August in Managua’s Seventh Civil District Court, despite a challenge by Fleming’s lawyers who argue the case should be nullified due to procedural irregularities. The defense counsel argues the damages suit brought against Seaside Mariana is illegal based on contractual and legal provisions stipulating that arbitration or mediation—neither of which occurred— are a prerequisite to all civil action suits.
In any event, Fleming’s lawyers insist the lawsuit is a “personal action” that does not challenge Seaside Mariana’s ownership rights to the property, so the damages lawsuit should not be recordable.
Since Fleming’s legal team immediately challenged the merit of the case, they claim they were taken by surprise months later to find out the case had indeed be registered by the court. Fleming claims neither he nor his lawyers were notified that the case was accepted.
Seaside Mariana wasn’t the only one surprised to discover the status of the lawsuit. When Wyndham caught wind of the case last month later from their own lawyer in Managua, they were not happy. On Nov. 5, Wyndham Hotels and Resorts sent Fleming a letter of termination, arguing that his failure to advise them of the lawsuit was a “clear violation” of their agreement.
Wyndham also raised concerns about Fleming’s slow progress in developing the Seaside Mariana hotel project.
“We have determined that it is not possible for you to comply with the construction completion date of March 15, 2013,” Wyndham said in its termination letter.
Fleming then informed Nicklaus Design of his legal problems and the Wyndham pullout, in an attempt to avoid further issues with his other big-name partner. Nicklaus, which is designing an 18-hole Jack Nicklaus Signature Golf Course at Seaside Mariana, thanked Fleming for being forthcoming, and then followed Wyndham out the door.
“While we appreciate your recent disclosures regarding these matters, we cannot in good faith continue to have a design or marketing relationship with the project or owner under the current circumstances,” the golf company wrote in its Dec. 10 termination letter.
Fleming, who worked tirelessly for years to bring those two name brands to Nicaragua, was crestfallen that they both jumped ship in less than a month.
“We are going to have to work hard to recover from this,” Fleming told The Nicaragua Dispatch in an extensive interview this week.
The property of Seaside Mariana from the air (photo/ Tim Rogers)
“It was a Herculean task to get the brands to Nicaragua, and to lose them because of the illegal lawsuit is not good for the rule of law in Nicaragua or attracting other investors to the country,” Fleming said.
The 42-year-old Canadian thinks the lawsuit is part of a plot to obstruct his development project.
“When the guy that is suing you registers a lawsuit illegally, doesn’t want to meet with you and doesn’t even want to pursue the lawsuit, then what can I do? All they are doing is putting out garbage,” Fleming says.
In a press release that Fleming is sent out this afternoon, he explains that Grupo Mariana “has suffered untold damages as a result of a single lawsuit—a suit that was improperly filed, illegally recorded and previously nullified.”
Seeking government help
Fleming is also asking investment-promotion agency ProNicaragua to get involved, because he says the issue will affect Nicaragua’s image and its nascent investment climate.
“This is more than a private dispute; this is an illegal action that has caused the loss of two of the world’s big brands from Nicaragua. Forget about my project, they pulled out of Nicaragua,” Fleming said. “And I’ll tell you something, after three years of trying to find funding for this project, the biggest complaints and fears that investors have are related to Nicaragua’s political nature, stability and the rule of law. And now this happening, with no rule of law, scares the hell out of investors.”
As a result, Fleming says, ProNicaragua should “take an extreme amount of interest” in his case. The pro-investment group needs to “respond quickly to resolve this in a public way to show how much they support rule of law,” he says.
If not, Fleming laments, “then the dream of Mariana might come to an end, because the dream of Mariana is really depending upon the government and the institutions being stable. And if the perception of stability is not there, it’s going to hurt not just me; it’s going to hurt everybody.”
Sales success among constant troubles
Kevin Fleming moved to Nicaragua in January 2005 with his Nicaraguan wife, for whom Seaside Mariana is named. Fleming came with big ideas for a series of resort projects, anchored by the massive Seaside Mariana Resort, which he says he wanted to turn into an international brand-name destination.
“We are building a destination alongside Nicaragua trying to build a destination,” Fleming says. “I am not trying to build one hotel, I am trying to build a destination and all of our efforts go towards that goal.”
Seaside Mariana, according to Fleming’s vision, will be a massive complex of half a dozen hotels, condos, and bungalow, with a golf course and a community of 5,000 people spread out along 923 acres of beachfront in Masachapa. Five years ago, Fleming’s plan was even more grandiose. He originally talked of developing a total of 25 tourism projects around the country, including hotels in León, Granada, Managua and San Juan del Sur.
Kevin Fleming (photo/ Tim Rogers)
But Fleming ran into trouble right out of the starting blocks. In 2007, one of Fleming’s original partners in his project “Isla Mariana” bought the land adjacent to his on León’s Isla Real de las Peñas. A nasty legal battle and mud-slinging campaign ensued. Fleming spent three years trying to sort out his land title and defend his reputation against slanderous attacks in the blogosphere.
“Fleming is the Hitler of Central America and his thirst for money and power has no boundaries,” someone posted in 2007 on the website Rip-off Report.
Despite the noise, Fleming managed to net $11.7 million in property sales over the next few years—thanks, he says, to his vision for the country and his transparency with buyers.
“They believe in what we are trying to accomplish, but more importantly people feel like they are part of the development process,” Fleming says of his buyers. “We are very upfront with people telling them how it is we are using their money, what it’s for and what it is we are trying to accomplish, and I believe people put a sense of trust in us because we have always been transparent. Otherwise, how can we be so successful with nothing on top of the land? I can’t be that good, where people just want to give me their money. There’s no way. Think about it, I’ve sold 240 home sites in five years. Why is that? I can’t be that good. It’s because people are part of the development process—people want what it is I’m doing because I am passionate about doing it this way.”
Fleming finally resolved the Isla Mariana issue through what he says were “proper channels” in 2010. He plans to restart the Isla Mariana project next year. But as soon as the dust settled on that project, the scandals and allegations of fraud followed him to Seaside Mariana.
In the past month, Fleming has again begun writing explanatory emails to his investors to address another volley of Internet allegations, email blasts, character assaults and a lawsuit. In the blogosphere, Seaside Mariana is being called a Ponzi scheme and real estate fraud, and Fleming is being lambasted as a snake oil merchant.
“Mr Fleming is an Impressively Brilliant Marketer and Master Manipulator and extremely efficient at parting unsuspecting and trusting investors from their money and spending it wildly and tucking it away in unknown places knowing the eventuality that his high deceptions would hit the wall and the Fleming Kindom [sic] would come crashing down,” reads an anonymous post published on Rip Off Report on Nov. 6.
Since that post, Fleming and his wife have received a series of threatening and equally sub-literate emails, written with the same disregard for capitalization, punctuation and spelling. The threatening emails caused Fleming, who is now in Canada, to cancel a trip here in November. On Nov. 24, Fleming penned another explanatory letter to his investors to give his side of the events, which he is also posting on his website.
Fleming’s critics claim his is a conman because he hasn’t built anything on his site after six years. But Fleming says a big project like his takes time, and that legal issues have only slowed his progress.
“A delay is something that is postponed or moved to a date later than expected. Fraud is deliberate deceit or cheating intended to gain an advantage. To equate the two is irrational,” Fleming told his investors in a letter last month.
“For our organization, taking things to a new level (a level not yet seen in Nicaragua) has required extra time in planning, due diligence and proper permitting. We could have cut corners in order to move faster, but that is not the development we set out to create, nor the development our investors deserve,” the letter reads.
Looking ahead
Fleming says he’s still optimistic about the country’s future and the prospects for Seaside Mariana, despite the setbacks.
construction on the bungalows at Seaside Mariana just started a few months ago
“I’m married to a Nicaraguan, I have lived there for eight years and I really do love the place,” Fleming says.
He says he is hopeful that Wyndham and Nicklaus will change their minds and rescind their termination letters.
Indeed Nicklaus Design said in its termination notice, “We continue to believe that the design work we have performed to date could be the basis for an excellent golf course and we will retain the work on file towards a possible future engagement in the event the current legal and public relations problems can be resolved and we are presented a satisfactory proposal to use our work in the completion of the golf course at some time in the future.”
But if those brands don’t return, Fleming says he’ll try to find others instead. The irony of the situation, he says, is that all his permits are almost ready. In that sense, he’s never been in a better position to move forward.
“Our goal was to get funding based on our permits and our brands; now we are going to have our permits but we lost the brands,” Fleming says. “This illegal lawsuit has caused the loss of Wyndham and Nicklaus and will make it more difficult to place funding in the development. Not impossible, but certainly not as attractive as we were when we had the brands.”
In the end, Fleming says, he wants to make the project work to “create a lasting legacy not only for Nicaragua but for our family.”
“I am certainly not going to stop with my efforts of moving forward by promoting Nicaragua and letting people know what the country has to offer,” he says. “We are going to have to work through this.”
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….after three years of trying to find funding for this project, the biggest complaints and fears that investors have are related to Nicaragua’s political nature, stability and the rule of law. And now this happening, with no rule of law, scares the hell out of investors.”
Err….Mr. Fleming, how arrogant of you. Is it not just another failed development we can add to the list of rusted and twisted signs that dot the area.
If you really and truly believe your own comment…why the hell did you sell lots and investment parcels to unsuspecting clients?
Again, if you believe your own statement, is this not then an admission by you that you failed to warn people of the potential risks?
You really think that these private business failures can be placed at the feet of the Nicaraguan government?
We could make a list of the characters who come to this country and do this. I could name 5 people off the top of my head that have ripped off, hundreds, and thats all in SJDS. The funny thing is 3 of them are doing it still…why do we allow it
The very sad part of this story is the fact that there are hundreds of honest law abiding developers, builders, and real estate agents working in the same area and are now cast under this same shadow.
Yes, I agree that is a huge problem. The good guys are going to have to set themselves apart from the bad guys and the customers need to smarten up a bit too. If it sounds too good to be true then it probably is.
Bet you they ended up buying land that wasn’t 100% clean. That’s a major problem in Nica there are always cadaveres coming out of the closets.
What makes land in Nica truly priceless is a clean 100% undisputed land.
Even the land at Huacalito will have cadaveres coming out of the closet. There Mr. Cornelio Hueck had a large farm San Martin and even though Carlos Pellas has paid off all prior possible owners with a change of Govt in Managua like the one coming now after Chavez is gone will bring unknown variables into play….
I for one would feel much more confident investing with a Carlos Pellas than any ‘Developer’ without the kind of financial backing to do what he/she say they’d do. I have no doubt the investors involved thought they were getting a ‘ground floor’ sweet deal by paying to advance a project. That is just not smart investing anywhere in the world and certainly not in a developing country.
You get what you pay for and in many of these case you paid for promises. Honest dealers in Real Estate can be found in Nicaragua just as honest lawyers can be found and all of them would have pointed out the potential troubles.
Nicaragua is not a bad place to invest BUT you certainly have to be prepared to do your homework and actively take part in that investment. The idea of sitting back and letting someone else look after your investment in Nicaragua just makes me chuckle.
I would disagree with Scout, I lived in SJDS for a number of years, and not one of the developers were honest, every development has issues. The biggest fraud of course was Pelican eyes, but ask the buyers of Cinco de Bahias, a Paradise holding development, about how they were misrepresented. Lets not forget about the people like John and Pattie Casey, who through their construction company defrauded everyone of their clients.
Nicaragua is a beautiful country, where alot of foreigners come to find their dream, only to have it turn into their nightmare, because the con artists know that once they have your money, you basically have no recourse in this country
Hello fedup or Mike, why so bitter? Like myself you invested in a third world country and lost. Its called a gamble and Ive seen it happen to dozens of people here. I have taken a loss of 50% on investments and ventures Ive done in Nica. So lets stop mentioning names and slandering people because its your own damn fault. Guess who?
Mediation/Arbitration clauses are air-tight deterrent prerequisites to the filing of an action. Common law dictates that the trier of fact (Judge) must “stay” (put on hold) the litigation pending conclusion of the agreed mediation. Whoever filed the suit, without engaging in mediation, as matter of law, must not be entitled to contract-based attorney’s fees were he/she deemed the prevailing party. The filer must also bear all attorney’s fees and costs for the opposing party’s defense of the untimely filing of suit. There is no such thing as an “Illegal lawsuit.” The defense’s counsel should not have any trouble in convincing the Court to “stay” the lawsuit until completion of mediation.
This is the method by which this matter would be typically disposed. However, en el pais de las maravillas, this mess will be resolved – after tens of thousands of dollars in legal fees – in favor of he/she who pays the most to the “magistrado” to whom this case will be assigned.
A quote from Flemming from April 2007:
Kevin Fleming, who moved to Nicaragua two years ago, is a real estate developer from Vancouver, Canada. He agreed that private property seizure is a thing of the past. “Daniel Ortega has gone on record many times as saying the days of stealing from the rich and giving to the poor, those days are gone. All that did was create poverty,” Fleming said.
That was when he was in post election damage control.
Kevin Fleming was never a developer in Canada. He was a salesman for General Paint.
Wow ! —- I did attend one of the presentation made by the Mariana Group here in California. I am hoping for the benefit of Nicargua that Mr. Fleming was an honest developer. I figure he got caught up in the Financial Meltdown of 2008. I’m now more concerned if he was just a Salesman for General Paint as mentioned by Lobo above. It really angers me when foreigners arrive in Nicaragua from USA, Canada, and Europe and take advantage of people. Shame on them !
The fact that Fleming has no experience at all in Development, let alone in a Banana Republic, -where the littlest thing is 10 times harder to do, should be sufficient enough for everyone to not walk but run away from him. Judging just from his whole flawed concept from day one I saw nothing but a clueless arrogant PT Barnum looking for those suckers that are born every minute. You deserve to lose if you invested with this clown and circus. He should return everyone’s money and go back to the Paint Industry where he belongs! He has no business doing what he doesn’t understand and wants everyone to pay for his education and failures.
Nicaraguan law 94 expressly provides the person served with the lawsuit, 6 days to respond and request mediation. Kevin Fleming did not do this and the lawsuit was actually held for nearly 2 months waiting for him to do so before the law suit was allowed to proceed.
Kevin Fleming forgot to mention that he hasn’t paid his taxes to the Cadastre for Seaside and as a result, none of the 250 lot owners can register their lots and get deeds (17 lots got registered before the tax authorities shut him down). He apparently told one investor that he has no money to pay taxes but would gladly take a loan from someone to do so. There is no infrastructure at Seaside. It looks the same as when Mr. Fleming purchased it 6 years ago (using investors funds)….a disused sugar plantation. As long as Mr. Fleming is involved, it will stay a disused sugar plantation.
This concerned investor is out of his mind. He will post on this forum but he will not even pick up the phone and call me. The facts are not even correct in his posting and reflect the attitude to the Seaside Mariana Investor Union, which we all know is comprised of Edward Albert Cole, Carmen Elizondo Cole, Michael Edmonds, Brent Balog, Zach and Taylor Collings.
This article is shocking in so many ways! I think, Tim Rogers, is going to see a lot of responses to this article….It has the makings of a book! First of all, Kevin is painting the investor & investor group that the lawsuit represents as the bad guys. Kevin says that the lawsuit destroyed the “brand”….ah, could it be that not developing or installing the infrastructure to develop anything is what is destroying the “brand”? In the article, Kevin claims Seaside sales of over $11,000,000 Usd….yet there is NOTHING built by Mr. Fleming and his development firm.
I have seen the plaintiff’s arguments and they are strong. This is why the law suit was brought to court and the court of public opinion. Groupo Mariana collected on sales of raw land and hasn’t even transferred the lots, forget about investing in power, road or water at Seaside Mariana. According to the lawsuit, Kevin only transferred 25 lots of over 350 lots sold since 2007. I’m not a lawyer, but after 6 six of waiting and watching Kevin sell the Nicaraguan beach dream, the plaintiff was fed up with delays after delay.
The article mentioned Kevin first project, “Isla Mariana”. Kevin states that in 2010, something fixed the problem at Isla Mariana….mmm, I don’t think so! The only thing that changed in 2010, is that the people who do own the property (Bramwell), realized that Kevin is a well spoken aggressive bully with more resources to sell his version of the truth….so they stopped publicly battling. The truth is that Isla Mariana title is good, but incorrectly located 2.5 km to the North. Kevin’s previous partners stopped selling the un-clean land and discontinued marketing when this came to light….whereas Kevin as mentioned in the article above, continues to sell Isla Mariana, knowing that it will not end well for his buyers. The previous partner is currently investing in infrastructure on the site, whereas, Kevin has invest nothing in the Isla Mariana land. An 8km power lines was installed in 2012 covering Isla Mariana & Beyond(by Kevin’s previous partner).
Bottom Line, Wyndham & Nicklaus would have stayed if they believed in the developer. No progress was the issue! Bottom Line, the plaintiff wouldn’t sue, if he hadn’t lost complete faith in the developer! Nobody wished bad things for the Flemings/Rueda family, but they put the sales revenue into their lifestyle, marketing, lawyers, and presentation & not into the land. Loosing a major project is terrible for Nicaragua, but each day that Mr. Fleming sells the “Beachfront dream lot” to another person, the financial loss gets bigger!
Kevin says $11M. But he is referring to the first 2 years of sales. In fact, according to his own numbers, the total raised thru sales and investments to date is just under $20M. Kevin loves to use part of the story to confuse and mislead. And it is all gone. He also says the whole reason for losing Wyndham and Nicholas is the lawsuit. But if you actually read the letters it is clear that it is due to multiple missed obligations and breach of contract.
We don’t need to see speculation from Lobo, who has never received the Termination Letters to know exactly what has been written.
John has some nerve to comment on matters he knows nothing about. Read more info below about this shady character and his brother, they are known as Geoff and John Bramwell, AKA: El Faro Developments S.A., Niki, Colon, Los Suenos Island Resort, Suenos Developments S.A., Tamarindo Beach & Ocean Estates, Toucan Properties S.A., Nica Projects Ltd, Nicaragua Developments Inc., Lighthouse Enterprises Ltd., Brammy Bros. Properties Ltd. and Brammy Bros Painting & Restoration Ltd. and were severely punished in the BC Courts of Canada for Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua.
Nero
I would imagine you’re one of the people that stole hundreds of thousands of dollars from unexpecting investors. I would love to see a forum in the Nicaragua dispatch, where people like you can be exposed. It would be like a trip advisor for investments. That way an investor can see how certain develoments, or people are. Slandering is when you make false statements. The statements I make are fact. In regards to the Casey’s, backed by 30 pieces of documentation presented as evidence to the California courts, which now includes witness tampering.
Well hope you got a better lawyer in Cali than the skinny chick with the big ears and nappy head. Mike you made too many mistakes here and lost, happens to the best of us, so just let it go.
Blame “El Güegüense”
http://vianica.com/go/specials/21-el-gueguense-macho-raton.html
He’s still having the last laugh!
Alba-Ortega is behind all this.
Keep dreaming, let them feed the white elephant, as the California courts works through all their delays. Iam back trading at my old firm. eatting sushi, and driving the Mercedes…I coud care less how long this takes, or how much it costs…..I will drag the Casey’s through the California courts, and expose their lies, corruption and fraud……..The Casey’s have defrauded countless of people…..I have the documentation, and money to put an end to their game
Who can tell me more about these Bramwell and what property they own?
Geoff Bramwell was Kevin Flemings/Maria Rueda’s partner in starting “Isla Mariana”. Kevin was the sales rep for General Paint that supplied, Geoff Bramwells commercial painting and restoration firm. Geoff brought a good portion of the seed money for IM. As IM sold well, Kevin cut Geoff out of IM and charged him heavy commissions to working on his behalf. This made the partnership with Kevin unmanageable & impossible. So, Geoff purchased the neighbouring land to IM. In the process of purchasing the neighbouring land, from the same vendor, it turned out the land had a bad title, so Geoff & his brother invested in 9 months of research and legal work to invested exactly who owned the land. The Bramwells documented the ownership chain back to 1900 and purchased the real owners title(as well as owning the first title that they purchased thru Kevin Fleming). The Bramwells offered for Kevin to purchase some of this title to cover his sales at IM, but Kevin (& Maria’s) brain could not overpower their massive egos, and instead commenced a battle to “destory the Bramwells” and discredit the real title to the property. The Bramwells researched & purchased the title in 2007/2008 to protect all of the foreign buyers who purchased at IM. This battle continues, unnecessarily, to this day! Geoff can be reached at [email protected]
We know the truth about the Scamwells in Nicaragua. The best advice I can share with you is to stay far away from these brothers who continue taking part with Seaside Mariana Investor Union, Edward Albert Cole, Carmen Elizondo, Taylor Collings and Brent Balog with Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Grupo Mariana.
All I can say is we know this projects very well. STAT CLEAR OF THE WHOLE MESS……The Bramwells and Fleming. Checkout Salines Grande near Leon fantastic beach and only buy houses- land the have the No objection letter and US Title Insurance..
A golf resort aborted. Time to open a bottle of wine and dance on the table.
A golf resort is landscape cancer.
more water, more fertilizer, more water, more fertilizer, yikes what are those things, get out the insecticide, oh what did this to the grass, get out the fungicide, wait a minute the weeds are overgrowing the fairways, get out the herbicides, more water, more fertilizer. Enough said. Looks like sooo many places along the coast of mainland Mexico. Great idea for the wealthy ! sucks for everyone else.
John: I Googled Geoff Bramwell and it looks like you are the brother and owner of Los Suenos Island Resort in Nicaragua? When I Googled Geoff Bramwell Nicaragua the first posting I see is about a lawsuit that I read about how in Canada you were both charged and convicted of “Breach of contract, deceit, fraud, and fraudulent and/negligent misrepresentations in relation to land that the Bramwell defendants were selling on the Pacific coast of Nicaragua”. How do you explain this?
Josh
I also found a few things on these Bramwell’s. Check out this website: http://www.ripoffreport.com/realtors/el-faro-developments/el-faro-developments-s-a-john-p99pf.htm
You really think they can be trusted? There are two people on the Ripoff Report site saying that they ripped them off. A total of three, if you include the lawsuit in Canada. I would not be surprised if more appear.
The Cdn lawsuit mentioned is settled and over, including Kevins portion of the issue. Dispute resolved. Any dispute or lawsuit has two sides. That dispute is resolved and over. The Lawsuit is settled and over(in 2011). Kevin has kindly posted it on his website to muddy the waters.
The issue mentioned below, Ripoff Report/El Faro, is resolved too. A resolution to the issue was agreed upon in 2010 and dispute is over. Unfortunately, the Ripoff report website does not remove disputes, even when both parties want it remove.
I’ve been self employeed for over 24 years. This is not my first dispute and not my first lawsuit. I have been a plaintiff & I’ve been a defendant in that period. They are unfortunate, but they do not make you a bad person.
So Erick, there is the answer to you question. This storey is about Seaside Mariana, so I am going to remove myself from further entries.
Tell the readers the amount of the settlement you (Geoff and John Bramwell) settled with Plaintiff and the how much Kevin Fleming chipped in. I believe the amounts will be very revealing. You should go back to painting and stay out of our business in Nicaragua. You have no clean Agrarian Title, no title insurance, no environmental permits to develop on your property. Did you not learn anything from the judgment against you and your brother for Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua. Seems you’ve learned nothing of the past and your experience of going up against Maria and I with lies and misrepresentations of the truth. You are a bad person, there is no doubt of that.
and you Kevin paid $100k to get your “no objection” letter… Interesting. Instead of cleaning the title properly.
John, its easy to criticize someone else but when the shoe is on the other foot you basically run and hide.
In reading fedup’s postings and his reference to the “multi-national” mess a Michael Lawler and John Kevin and Patricia Casey created in the San Mateo Superior Court, I find it a shivering proposition to invest in anything in Nicaragua. Following tens of thousands of dollars in litigation expenses the San Mateo court and the First Appellate District sent them all back to Nicaragua to resolve the mess they themselves could have reasonably avoided.
They say that the stupid does at the end what the smart does in the beginning. By all measures, seeking an American court’s good grace to intelligently resolve what should have been avoided in the first place will only result in the lawyers as the prevailing parties.
Hear that fedup Mike, looks like your going to have come back and give up the sushi for gallo pinto, the Mercedes for the chicken bus and again spend all your money on your nappy lawyer girlfriend. See you soon player.
So Erick, I guess that the Bramwell brothers are guilty. Seems like they have only disputes. They feel that they can give it but not take it. Just another crooked developer. Maybe the Nicaraguan Dispatch should do a story on the Bramwell’s and their development.
Maybe Nicklaus’ developers discovered they couldn’t use the law in Nicaragua like his developers did in the USA. There was one case in Georgia where developers would just sneak in and take down trees down without permission or payment to the land owners (because the trees blocked a view they wanted) just because they knew they believed they could probably defeat the owners due to their superior financial position and expensive lawyers. Good luck with that strategy in Nicaragua.
Carlos…..I wished I could have resolved it here but its not possible….perhaps I can show.other defrauded U.S investors in Nicaragua that it is possibe to legally attack their U.S developers in our court system …most of them have assets in America, as you put liens on their property in Nicaragua. I have just filed a 250 page brief with 30 exhibits against the Casey’s. One of my favorite ones. is the Constancia from the Nicaragua Supreme court, showing the replacement judge who executed thier illegal lien on Oct 12 2010, wasnt even the authorized judge that day. What would motivate a deputy judge to drive 100kms to execute a lien on a day she wasnt even the authorized judge….(this same judge was fired 5 months later by the Supreme court)….maybe they can use the same magic in the U.S. judicial system
Nero; a hedge fund uses something called a computer, which is connected to something called the internet, which is connect to what is know as the capital markets….this computer allows money to be managed anywhere…even Nicaragua ….I cant wait to come back….I also see why your mode of transportation is the chicken bus
Mr. Lawler -
I read the court’s findings about the Nicaraguan mediator appointed by the drafter of the “quasi-contract.” It appeared to me, and the Appellate court agreed, that a mediator should be someone impartial to both the parties to the agreement. Gonzalez, the mediator, was working for, and presumably being paid by, one of the contracting parties.
This issue, should have been resolved in Nicaragua, not in an American court. That’s why the Caseys won that appeal. This was a no brainer as it is black-letter-law that the mediation process, including the choosing of a mediator, must be by mutual assent. The thousands of dollars in legal fees expended by Americans investing abroad could have been avoided.
I also agree with you, as many American courts have determined thus far, that the Nicaraguan legal system is a sham. There is no rule of law in Nicaragua. The only justice one can get is the one – one pays. Sadly, but true.
I wish you luck to both of you.
A good story and some good posts. Shame its been hi jacked by two guys who couldn’t agree if it was raining if they were both standing under the same cloud.
Well, if your project was not welcomed in Nicaragua, why don’t you check the possibility of building it in Honduras such as in the island of Roatan, Bay Islands. Also, there are several nice places you can build this resort in the Honduras mainland – For example near Puerto Castilla or Trujillo Bay, the port city of Tela, the port city of La Ceiba, the Omoa region, the port city of Puerto Cortes, etc, etc. Just check these places out. You can contact the people of FIDE in Tegucigalpa. Good luck.
Thats brilliant Carlos V R. How about those investors of $15million simply loose all their investment, and instead go buy something in Honduras. How about on Roaton Island. Sounds good…you moron! Let me guess, you are a realtor in Honduras?
This guy, Kevin clearly mis-managed the project. If you look at the nice pictures and plans, it is clearly an imaginary scope. The project is first world in the third world. Their is a reason that development in Nicaragua & Haiti(2 poorest countries in the Hemisphere) are very slow. Progress is slow and to dream that Seaside is possible, is complete fiction. Jack Nichalous Design realized that the whole project is not feasible, but appreciated upfront payment of their invoice. The project is massively underfinanced and destined to run out of cashflow….similar to many projects in Central America!
Grupo Mariana is Facing Severe Challenges in Nicaragua
Numerous accusations have been made; most lack substance. However, Grupo Mariana regards the situation as serious as the implications are disturbing. It should be noted that all allegations are being investigated and will be responded to in due course.
In the meantime, two issues should be touched upon briefly. The first is the accusation that delays are tantamount to fraud and the second is the motive and credibility of the accusers.
A delay is something that is postponed or moved to a date later than expected. Fraud is deliberate deceit or cheating intended to gain an advantage. To equate the two is irrational.
From the start, Grupo Mariana set out to raise the bar in Nicaragua. Grupo Mariana achieved unparalleled success in that endeavor, bringing brands like Kemper Sports Management, Nicklaus Design and Wyndham Hotels & Resorts to the region. When taking a project to a new level, time and patience are required. It is imperative to ensure that everything is done correctly. There are numerous stories throughout Latin America of investors purchasing real estate only to find later that permits are not in place, title is not as represented, etc.
For our organization, taking things to a new level (a level not yet seen in Nicaragua) has required extra time in planning, due diligence and proper permitting. We could have cut corners in order to move faster but that is not the development we set out to create, nor the development our investors deserve.
The hard truth of the matter is that things can “get done” very quickly —if someone does them the wrong way. If things are done the right way the process is much longer and patience is required. We are a company that looks to the long term rather than the short term. We are interested in quality, not quick fixes. Sometimes getting the best takes time but it is undeniably worth it.
Lately our efforts have been hindered and undermined by a small group of people who appear to have an agenda. The accusations put forth are ostensibly to protect investors. However, the motivation of the accusers warrants consideration. Motive can be revealing. Credibility is crucial as well; we will elaborate in future communications.
As always, our investors come first. We have overcome challenges in the past and will overcome the new challenges as well. Those who bet against us in the past have been disappointed. The current situation, while formidable, will prove no different. We will not allow a small group of people (with questionable motives) to undermine the progress we have achieved and hurt investors who have placed their trust in our hands.
Grupo Mariana currently has had meetings with Pro Nicaragua, attorneys both domestic and international and other parties, which will remain confidential for the time being. Please be assured that we will be taking appropriate action in all facets of the situation as well as pursuing matters to the fullest extent of the law.
Lawsuit Leads to Termination of Relationships Between Seaside Mariana, Wyndham Hotel Group and Nicklaus Design in Nicaragua.
On November 5, 2012 Grupo Mariana received notice that Wyndham Hotel Group would be terminating the Condo Marketing Licensing Agreement, Trademark License Agreement and Franchise Agreement, which commenced in April 29, 2010. The reason given for the termination was failure to inform Wyndham Hotel Group of a lawsuit filed by attorney Mr. Jacinto Obregón on behalf Mr. Edward Albert Cole on July 5, 2012 and recorded before the Seventh Civil District Court of Managua on August 15th, 2012.
The lawsuit was deemed illegal by sources in Nicaragua intricately familiar with Nicaraguan property law and Nicaraguan contractual law. The first resolution issued on July 6, 2012, admitting the lawsuit, calling the parties to mediation hearing and instructing the Public Registrar to record the lawsuit was annulled on August 16, 2012, after Seaside Mariana challenged its legality.
On December 10, 2012 Grupo Mariana was informed that Nicklaus Design would also be withdrawing from its longstanding role as the golf course designer for Seaside Mariana as a consequence of the lawsuit.
In his lawsuit, Mr. Cole requested reimbursement of $250,000 USD for 7 lots purchased at Seaside Mariana. The lots Cole sued for were fully transferred and registered into his name, Michael Edmonds and Richard Foster. Among the irregularities of the lawsuit, Ted Cole has not listed the other owners as Plaintiffs in the lawsuit.
Cole also requested $400,000 USD for condos purchased at Seaside Mariana. Under the arbitration clause of the agreement Cole signed, one must request arbitration proceedings at the Arbitration Center of the Nicaraguan Chamber of Commerce. The parties must then appoint one arbitrator to decide the case within the following 60 days. Cole did not initiate arbitration proceedings in Miami, Florida; the country of Nicaragua, or any other jurisdiction.
Cole further requested a sum of $423,009 USD for interest Cole claimed was lost on the lots transferred to him and condos, which were not arbitrated as per the signed contract.
Cole claimed that the sum of $423,009 USD was warranted due to the lost opportunity to invest the capital in his “thriving real estate business” in Calgary, Alberta, Canada.
Cole also requested one million dollars for “emotional distress.”
In addition to the aforementioned irregularities, the lawsuit is absurd and contradictory due to factors that supersede the irregularities.
The first actions subsequent to the lawsuit were nullified on August 16, 2012. However, in the same resolution that upheld Seaside Mariana’s challenge, the Judge issued an amended resolution containing the same mistakes and irregularities that nullified the first one. A second motion to nullify was filed on August 17, 2012. The second motion has not been decided. Despite this new challenge, the Judge sent the copy of the lawsuit to the Public Registrar for its recordation. Seaside Mariana was not notified that the lawsuit was recorded on August 20, 2012.
According to Nicaraguan law, the recordation of a lawsuit is only available if the plaintiff is challenging the ownership rights of an immovable property. Thus the recordation serves to warn third parties that ownership of the property is under dispute.
Recordation of a lawsuit is available only to those disputing ownership rights. It is not allowed in personal actions that seek money or performance of an obligation. Cole’s lawsuit does not dispute ownership rights of Seaside Mariana. Cole’s lawsuit seeks cash—a total sum of $2,073,010.50.
For those seeking cash or alleged damages, Nicaraguan law allows the plaintiff to place an embargo over the assets of the defendant during the proceedings. Cole has neither requested an embargo over Seaside Mariana nor obtained one.
Had Cole followed Nicaraguan law he would have filed for an embargo, which is the proper procedure for one seeking a cash settlement. To receive an embargo both parties have the opportunity to appear before the judge. Seaside Mariana was not allowed to appear before the judge before the recordation of the lawsuit.
Secondly, in order to secure an embargo, the petitioner must put up a bond in favor of the defendant. This serves to secure the other party in the case of incurred damages. When filing his lawsuit, Cole did not put up a bond for $2,073,010.50 in favor of Seaside Mariana.
Thirdly, in order to physically execute an embargo over the assets of another, a payment of 2% must be made to the Supreme Court of Justice. In Cole’s lawsuit that would amount to a payment of over $40,000. Cole has not paid this fee and no embargo has been issued or executed.
It is illegal for a judge to order the recordation of a lawsuit in order to obtain cash settlement if it pertains to an immovable property and ownership rights are not under dispute. This maneuver has created a no bond, no fee de-facto precautionary measure in favor of Mr. Cole.
Wyndham Hotels and Resorts terminated a two and a half year partnership with Grupo Mariana over an illegally recorded lawsuit. The case is to go before the Supreme Court and the lawsuit should be nullified for a second time, as the recordation was contrary to Nicaraguan law.
Over the past three years Seaside Mariana committed substantial resources toward obtaining the Condo Marketing Licensing Agreement, Trademark License Agreement and Franchise Agreement, meetings and conferences, architectural plans, land designs, main hotel designs, hotel wing designs, bungalow plans, duplex designs, casita designs, construction plans, environmental studies, permits, and pool, restaurant, gaming and spa designs.
Nicklaus Design has now terminated its six-year design and promotional agreement with Grupo Mariana as a consequence of the same illegal lawsuit.
Over the past three years Seaside Mariana committed substantial resources toward obtaining the Golf Design Agreement and Promotional Agreement, meetings and site visits, golf course design plans, routing designs, grading designs, canopy studies, environmental studies and permits.
Grupo Mariana has suffered untold damages as a result of a single lawsuit—a suit that was improperly filed, illegally recorded and previously nullified.
If I were you I would run away from this country as I did . I was very close in investing nearly $300K for a small hotel in Masaya. The government is not stable and mostly everyone is out to get your $$.
I had a very bad experience and would not recommend anyone to invest in Nicaragua , that is if you take care of your Investments.
You talk about the Bramwells lawsuit. The lawsuit was against the Bramwells but it was also against Kevin Fleming. They didn’t pursue Kevin Fleming any further as he signed an affidavit in the Supreme Court declaring that he had no assets and no income other than 100 dollar a month allowance. This is a man who drives around in expensive cars, lives in luxurious houses etc and is going to do a cross North America tour to promote Seaside Mariana in the near future. Potential investors and buyers really should visit Seaside Mariana or Isla Mariana to see the lack of any infastructure and development.
Response to User Nica Heat on the Nicaragua Living Forum Postings.
We invite Nica Heat, Ted Cole or Seaside Mariana Investor Union to provide evidence to prove their claims with a meeting face to face at our office or provide us with documented evidence to back up their claims. Until such time that they can provide this evidence, all you continue to hear are just words.
Also, prior to any credibility given to these individuals, we invite them to reveal themselves with their full contact information instead of hiding behind anonymous identities while making wild and false accusations. We have a clear and compelling case against the lies of Nica Heat, Edward Albert Cole, his wife Carmen Elizondo and Seaside Mariana Investor Union.
We are making good progress on the Edward Albert Cole legal case and the outlook is positive. We are confident the issue will be resolved satisfactorily but we also like to plan ahead. The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of the case.
Our credibility is paramount. Compromising our owners or settling on the “easy way out” runs contrary to our core values. We are fighting for our owners by working in conjunction with the proper authorities within the jurisdictions of their Agreements.
Additionally, at some point in time we may find it necessary to expose the truth about Edward Albert Cole and his ulterior motives. In Nicaragua opportunists can exploit developing projects by “creating” false statements for personal gain. Sometimes in cases like these, a developer might choose to settle to avoid any hassle. Unfortunately, this is a self-perpetuating cycle as it sustains a lucrative business for those who create these false accusations.
Our goal, and our commitment to you, is to build communities that even the most discerning individual would be proud to call home. Please be assured that temporary obstacles will not deter us. The bottom line is that the owners of Grupo Mariana are first and foremost in our minds. We won’t be satisfied until our developments are complete and the resorts that we originally planned and you still deserve. We have a clear and compelling case to move forward on behalf of our owners. We intend to keep our promise to our investors.
I apologize for the short explanation to the ranting in the NicaHeat message on the Nicaragua Living Forum, there are certainly more details to be revealed and we will release information when we receive a decision with our pending motion in the courts of Nicaragua validating our legal position.
Grupo Mariana is very confident that the issue will be resolved and we will continue to press forward with the developments. We are very proud of the Mariana Brand and what we have been able to accomplish thus far. We will weather the rough patches and continue our quest to create one of the finest resort communities in all of Nicaragua. We hope that you will remain with us as this vision comes to fruition.
Kevin,
IF you are so committed to your buyers and investors, why then is your Seaside Mariana Development up for sale on Viviun.com for $39,000,000.00? And why then are you commencing a world wide tour to sell more land to unsuspecting buyers?
And why did you declare that you only receive $100 per month allowance and are financially unstable in your Canadian affidavit in the lawsuit against the Bramwells and YOU?
And the second question as you are in a land dispute with the Bramwells at Isla Mariana, why do you continue to sell sell sell and yet there is no progress on the land in question? And I have reviewed the Bramwells website and they are not actively selling and I emailed and questioned them in respect of your allegations above, and they have stated that they have not actively sold any land in the last few years until the land is clean.
As well, according to their website, they have installed power and water to their land and yet you did not participate in such venture as you don’t have any money. Where has all the money from such sales gone? And how are you going to start building, as per YOUR website, if you have no money?
There are many mysteries sourounding your emails and “used car salesman” tactics with buyers and readers of these forums.
Many of us are reading between the lines Kevin.
Grupo Mariana’s companies are involved in the development and sale of Nicaraguan real estate, the creation and management of authentic Nicaraguan hospitality experiences and the export and promotion of Nicaraguan products. The foundation of our business is to promote Nicaragua’s rich natural assets to the rest of the world, while consistently reinvesting profits directly into the growth and sustainability of the country’s future. The country of Nicaragua is rich with abundant natural resources and spectacular beauty, creating unlimited opportunities for the success of investment and business ventures in virtually any industry. Grupo Mariana’s various business segments have been carefully selected to bring visibility to Nicaragua — and her promise of a strong and vibrant future.
Our development at Seaside Mariana has 3 distinct parcels of land for sale either individually or as a whole property. The combined total of the three parcels equal $39,000,000. Just because the land is for sale, doesn’t mean we are not committed to Nicaragua, committed to further development of our real estate projects or not interested in being involved in the community with investments in other industries we believe have potential for success in the future.
Surely, if you’ve seen the listing, you are aware of the following information below, which makes our intent very clear as to our objective attracting individuals interested in real estate development.
Type: Mountain and Ocean View
Concept: Active Living and Eco-Community
Acres: 266 with 1.5 km fronting the future coastal highway
Golf course routed for executive par 3
Subdivided with registered lot surveys and no existing sales
For Sale – USD $5,000,000
Type: Beachfront
Concept: Mix-Use Residential/Hotel
Acres: 363 with 1.1 km of beachfront
Fronting 1.5 km of the coastal highway
Golf course routed for 9 holes and practice range
Subdivided with registered lot surveys and existing sales
For Sale – $20,000,000
Type: Beachfront
Concept: Mix-Use Residential/Hotel
Acres: 268 with 1 km of beachfront
Entrance off of the future coastal highway
Golf course routed for 9 holes
Subdivided with registered lot surveys and existing sales
Ready for Construction
For Sale – $14,000,000
We have always been seeking interest from lenders and investors to provide $12 million of revolving construction financing and $8 million of joint venture equity for the Phase I development of the highly anticipated Seaside Mariana Oceanfront Community.
Nicaragua has a limited supply of upscale, gated oceanfront communities. In fact, one new residential development called Guacalito de la Isla in close proximity has reported over $20 million in sales during the past two years.
When it comes to the North American tour you have mentions, please factor the following points. When our company announced last August that our family was moving to Canada for personal reasons, at the same time we also announced that I will be spending at least 7-10 days a month in Nicaragua. I was in Nicaragua in September for 2 weeks, in October for a week, but I did have to cancel my 2-week trip in November as there were pressing matters to deal with regarding Edward Albert Cole and the Seaside Mariana Investor Union.
The tour is a useful way to promote Nicaragua and speak with interested individuals seeking information about Nicaragua.
1. It allows me to get face to face with owners and speak to them one on one or in a group.
2. Since I am traveling to Nicaragua every month with stops along the way, I control these stops with my ticket from Vancouver and simply select cities to pass through on my way to Nicaragua.
3. Our goal remains the same as it has been for 8 years, promote individuals to visit Nicaragua. Therefore, we have created 4 Discovery Event Tours and 7 Romantic Getaway Tours to entice people to visit Nicaragua. My trips to 23 cities if you look closely are all in the same week that I am traveling to Nicaragua and while there is an event scheduled in country.
When it comes to the Geoff and John Bramwells, it’s very simple:
(1) Geoff and John Bramwell under the trade name of Tamarindo Beach & Ocean Estates promoted by Nica Projects are either developing land from the original title with the same lineage and history as the title at Isla Mariana, which means our company has been reporting the truth for six years that the Bramwells Agrarian Title is no good.
(2) Geoff and John Bramwell under the trade name of Tamarindo Beach & Ocean Estates promoted by Nica Projects are either developing land under the fake Agrarian Title, therefore committing Fraud. They will never obtain a Letter of No Objection, Title Insurance or development permits on the land, such as the MARENA environmental permit, which has become very difficult to obtain after passing of the coastal law. The fact remains both Geoff and John Bramwell know full well that the Agrarian Title is an undivided parcel of land with multiple owners of the same Agrarian Title and there is no chance that the Agrarian Title will ever be clean.
With all due respect Georgia, (AKA: Geoff or John Bramwell, Ted Cole or even a member of the Seaside Mariana Investor Union), you are asking the wrong questions and judging by your comments, clearly you have ulterior motives.
Our company has published the facts of the legal action against our company and you can see our public comments here: http://info.grupomariana.com/legal
Unless you are prepared to publish your real name, email and telephone number, you have no credibility to make statements without facts and evidence to support your claim.
When it comes to the lawsuit brought from a client of Geoff and John Bramwell, any smart and intelligent individual that reads the entire transcript of the judgment against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd. from the BC court will realize the injustice committed by Geoff and John Bramwell and NOT Kevin Fleming.
When it comes to declaration of assets or monthly allowances, we responded to the courts request and no where in our statements do we declare that we are financial unstable.
There are no mysteries surrounding our emails, the facts reported by our company is the truth and unless you can prove otherwise, I suggest you refrain from wild speculation and further slanderous statements about our company.
Well here we are again. This is a re-run of the bantering done on ripoffreport.com in 2006-8 with my brother. My first ever post on this BS was only a month ago. It is pointless, immature and hurts both our credibility. However, it seems that your back is to the wall at Seaside, and this is where you are trying to refocus the attention. Focus your upset buyers on “the evil Bramwells”, “evil Ted Cole”, and the rest of people who are demanding action/results at Seaside.
You are openly slandering my good name online and on your websites. Its bad business! I would like you to stop slandering my family name.
I said, i would not respond after my Dec 15th reply, but the BS is too thick. Kevin, you now reside in Coquitlam, BC, Canada. About 20 mins from where I am currrently. You know my cell is 604-728-1097, my email is [email protected]. I have met with you several times to resolve the problem at Isla Mariana, but you & Maria are too pig head, and not willing to really address the problem. If you want to me, call me, I’m available. I don’t hate you, I just can’t understand your viewpoint.
Since 2008, Seaside sales has been your focus, and Isla Mariana can sit, as “seaside is where the money is at”. So now, it appears, that it is time for you to return some attention to IM (Isla Mariana). I know little about Seaside(SM) and care only about IM. Where was your attention when I offered you to join the island developers assocation and share in the $200K plus electrical installation in 2011. You told me “NO, we are not interested at this time”. This is when, it became 100% clear that you had no plans to follow through on the promises to your buyers. So we installed the electricity without you. Btw, our private electrical line will not be accessible to your lot sale at IM. Water is being installed right now. If you are not full of BS, email me and lets include IM hookups. Ofcourse a certified cheque for your portion will be required. You constantly write about protecting your buyers and your project. So, put your money where your mouth is. Write me a chq for your respective portion of the water install to your lots & lets do this!
I look forward to you bring some material to the site, for you “Laya Condos” or whatever BS you have presold! Additionally, I would like to join your IM buyers meeting at the Island in March 2013. Invite me & I’ll be there. Then your lot buyers will get both sides of the story!
Also, you documented on seasidemariana.com/legal, that we offered you “millions of dollars to keep quiet”. This is insane and when/why would I offer you millions of dollars? We took the money that we collected in revenue on the island and invested every cent and then some in the 1st, then the 2nd title, infrastructure install & operations. The difference is that we really do care about all the people who entrusted us with their investments. The reason that the Fleming/Bramwell partnership failed, was power struggle, the fact you overpromised, and focused solely on the sales, and never seriously dealt with the production/development side of the business.
I have no idea what you are talking about with the 4% of the real value, or whatever you are saying. My brother & I paid $650,000 for the Agrarian title which encompasses both IM and Tamarindo Beach. The fact is that we trusted you, and purchased portions of IM through you/Maria. Maria, your CEO, did an inept property search/due diligence on IM and we all continue to pay for that massive mistake!!! Fact of the matter, was we paid the SAME vendor as did you. We own our land from the same title as you! Then First American topographer encovered that the title was 3.5 km to the North….and we freaked out….and then I moved to Nicaragua to get to the bottom of this nightmare. I formed a team, and researched every document and scrap of information related to the island region and history. I found, research, triple checked, confirmed, authenticate the real title. Then offered to purchase the 2nd title with you, and you told me to “go fly a kite”. Not wanting to openly go through the information that I personally researched, you put your blinders on(and haven’t taken them off since). The Bramwell own the same title as you, plus the second title. We just want to use the legit title, so that all is clean moving forward with the project. The second title is real, authenticate and documented(your epilogue about “false agrarian title” on your website is pure fiction, if anyone want a copy, just email me). All those OLD BS documents state is the govt “can not locate” the source document(Not that they are false or do not exist). My team & I, researched all the avenues in all govt institutes(Procuradoria, Eneter, Alcaldia, Ministerios, etc) and all is documented and clean. You know this to be true, and are playing “smoke and mirrors” with your listeners.
Btw, the only “revealing details of the relationship with Bramwell & Ted Cole” is that we have both done business with you and not been impressed & both have the wherewithall to stand up and challenge you. Otherwise, I have never met Ted, nor spoke to him. But, I am impressed that he is demanding what you promised him. You took $450K USD from him and have treated him poorly. You will look back at IM and realized that you should have made a deal with the Bramwells and done Isla Mariana…and it seems that you should have made good on your deal with Ted Cole and Seaside Mariana would still be in business.
You refer to some alterior motive that the Bramwells have for your destruction. Well as far as IM goes, you are the main one stalling the progress. If you had half a brain, you would settle with the Bramwells, and go after Eduardo(original vendor), who stole both our money! Instead you talk about BS like “illegal lawsuits”, “lawsuit protocol”, “lost wyndham and Nicklaus because of Ted”, “Bramwells stalled Isla Mariana”, “Bramwells have no title”, “IM is firmly on track and stronger than ever”, “can do anything til all the permits are in place”, “we are conditioning the land”. Its always someone else fault for lack of progress. You need to “find your hidden money in Panama” and get something started. The time to talk about “could have, should be, and will be” are over and you need to invest in the land…..the rest is BS and will not result in saving your family. If you are the man that you claim you are, you need to prove it!……….
Bottom line, we purchased the real title to protect the Bramwell buyers at IM, Tamarindo and even your buyers at IM. You are too stupid to work it out with us. And as a result of that stupidity, you appear to be loosing Seaside too.
The purpose of this message is to release further information that will help individuals understand our position.
First, I will try to explain the history of the title. The origin of the title dates back to June 2004, whereby, the municipality of Leon sold land to the buyer whom we purchased property to develop land known as Isla Mariana. The seller whom we purchased our land was a resident of the property dating back to 1993, whereby, he was leasing the land from the municipality of Leon for 10 years prior to making an application to purchase the land. The reason the seller was able to purchase the land from the municipality was due to the fact a Presidential Decree for the area had been established and the municipality had the right to sell the land. Therefore, this gave the right to the municipality to sell to the seller whom we proceeded to purchase the land.
It is important to recognize, prior to our company purchasing the land, an authorized attorney approved to act on behalf of First American Title Insurance Company to recommend whether the property was in good standing completed a full legal search. Upon the completion of the legal search, a strong buy recommendation was given and title insurance was issued on the property development Isla Mariana.
During the course of our research, we have discovered an error in the original title that was created to the seller who we purchased property. The location of the boundaries of the land of Isla Mariana does not fall within the borders of the Presidential Decree. This has caused some concern because it is possible the land may belong to someone else and the municipality did not have the right to sell land to begin with in the origin of the land sold to the seller of land to Isla Mariana.
The result of this investigation has also revealed another title in the area of Isla Mariana that has many inconsistencies and we fully investigating a second title that exists. First American Title Insurance Company had been working diligently on behalf of our company toward reaching a solution to our issues. As of Tuesday, January 30, 2006, our company have turned over all documentation to First American Title Insurance Company and awaited their decision on the evidence presented that explains our legal position on the chain of title and our evidence showing another title in the area as not consistent with the normal practice of obtaining a title that would be considered valid in Nicaragua.
In the past years, we’ve informed owners on the updates regarding our efforts to solve the issues we have faced in Nicaragua. As responsible developers, we have hired the best professionals in Nicaragua, United States and Canada to analyze the different situations, to overcome the obstacles that we have found on the way.
Following, you will find more information about Geoff and John Bramwell and the Agrarian Title
Regarding the inconsistencies found on the Chain of Title, after consulting with our local counsel, we have concluded that the property sold by the Municipality of Leon to Eduardo Irigoyen in 2004, did not cover the physical location that was sold to us, even though Mr. Irigoyen had possession of this area. Both the previous law firm we used, and the most experienced Title Insurance Company that operates in Nicaragua, who granted Title Insurance on part of the property, did not find any problems in the Chain of Title at the time we were on the process of acquiring the property.
After the problem was noticed, the Title Insurance Company suspended granting Title Insurance on the area and started looking for a solution, being the first option to obtain good title for the insured parcels. After one year of research, no private title was found for the property. According to the research performed by our team, including attorneys, surveyors and engineers, the Republic of Nicaragua confiscated the property in 1986 and individuals were compensated in 2005. There is no evidence the government has transferred the property where Isla Mariana is located. We have copies of the confiscation resolution, as well as the compensation document.
The conclusion of our attorneys is that the Republic of Nicaragua owned the specific area where Isla Mariana is located at the time the Municipality sold the land to Mr. Irigoyen, who sold to our company.
According to Nicaraguan Law, the only authority that can decide upon property conflicts and the ownership right of a property is the Nicaraguan Judicial System (courts). It is important to know that unless there is a non-appealable ruling from a Nicaraguan court, the owner of a property with a duly registered title has legal recognition of the ownership of the corresponding property.
This means that if someone believes he has a better right and reaches no-agreement with the conflictive party, at any time he can go to the courts and present a judicial claim to obtain ruling on the matter. The court decision, if not appealed, is binding and definitive on the issues that were discussed between the parties.
Having said this, it is known that the Bramwells hold the Agrarian Title, which they claim covers the area where Isla Mariana is located.
Both attorneys and experienced Agrarian Reform professionals have warned our company of the existence of fake Agrarian Titles, so before considering an Agrarian Title, a thorough due diligence had to be performed.
This Agrarian Title has been reviewed since the Title Insurance Company was presented it back in 2006 by our legal team and also, not one legal authority have reached the conclusion that the title corresponds to Isla Mariana.
Our attorneys, as well as a lawsuit against the Agrarian Title that was presented by the owner of the southern part of Isla Real (Isla de la Pena), have expressed:
1. – There are doubts on the legitimacy of the title itself and;
2. – That if it was proved real, the title does not correspond to the area where Isla Mariana is located, but rather is located several kilometers away.
The reasons to doubt the legitimacy of the Agrarian Title include:
1. – Lack of Records: Inspections in 1997 and in 2004 made by the Property Department of the Ministerio de Hacienda (currently “Intendencia de la Propiedad” or Property Intendency) when the request for compensation case presented by the confiscated previous owner was being analyzed, describe which Agrarian Titles were issued, and none of this reports mention the 275 manzana Agrarian Title;
2. – Letters issued by the Property Intendency in 2005 and in 2006 certify there are no records of this Agrarian Title;
3.- A lawsuit was presented against the Agrarian Title by a third party questioning its legitimacy;
The reasons against the argument that the Agrarian Title is located over Isla Mariana include:
1.- Nature of Land: Agrarian Reform Law establishes that the titles are granted for agrarian purposes. The land where Isla Mariana is located is non-agricultural;
2.- Private professional surveyors have stated that the boundaries described in the Title do not correspond to the area where Isla Mariana is located;
3.- A lawsuit was presented against the Agrarian Title by a third party questioning its legitimacy;
There are other reasons to doubt the legitimacy and location of the title, but since there have been breaches of information we do not want to disclose all of our arguments in case we need to go to court.
This leads to the next question: If the Agrarian Title is valid and corresponds to Isla Mariana, why a lawsuit has not been presented in court yet by those who claim the Agrarian Title covers Isla Mariana?
Allegations have led to investigations from the Nicaraguan State through the Contraloria General de la Republica. The previous legal advisor for the Municipality, who signed a letter in favor of the Agrarian Title, was removed from office. One of the past documents, was a letter from the Property Intendency issued by the highest-ranking officer. But the officer that signed this letter was removed from office in questionable circumstances.
As you can see, our position is that the Bramwells holders of this Agrarian Title, without reason, are trying to keep the land where Isla Mariana is located. There is a possibility they might start a case in a court of law.
As developers, we have not waited for a court case to do our best to help resolve current issues for those who trusted us. For years we have done a lot of research, invested in attorneys, surveyors, meetings, title searches, interviews with authorities and devoted a lot of time to make sure we secure our interests in Isla Mariana.
Isla Mariana is our first project in Nicaragua, and we are committed to protect our clients, and make the project a reality. At this time, Isla Mariana has obtaining and renewed our environmental permit from the department of “MARENA” which includes the civil engineering development plans of infrastructure and allows us to submit our request for a construction permit to begin construction immediately.
Our position is the same as it has been since January 2006, we will never associate our company with Geoff or John Bramwell or anyone associated with the Bramwells, particularly because of their past questionable activities in Nicaragua, their efforts to extort our company, discredit our reputation and have no environmental permits to develop property in Nicaragua. Buyers should perform their due diligence on the Bramwells and verify they have the MARENA environmental permit to develop their properties on the island and confirm the title they are purchasing with a well respected law firm with experience in the matter of the title searches on the island.
In summary, the Bramwells have purchased an Agrarian Title and are trying to assert that it takes precedence. Irrespective of the fact that their title has multiple problems, the Bramwell’s are trying to argue that it supersedes all others and continue to market and sell this fake agrarian title to unsuspecting buyers. It’s convenient to purchase a title for pennies on the dollar in order to make the claim that it covers all of the neighbour’s beachfront. Convenient, but not plausible.
The Bramwells purchased a fraudulent agrarian title for a fraction of the previously established market value of land in the area. It is a textbook case of “too good to be true.” They have been scammed, which is unfortunate. The Bramwell’s’ incentive to fight is extremely high, as they will be left with but a few manzanas of land when the Agrarian title is ultimately discredited. Developing this small area may not be economically feasible. Thus, their impetus to resort to any and all means to defend their claim is very strong. This is a nuisance, but not a major roadblock for our company.
Our goal, and our commitment to owners is to build a relaxing, fun-in-the-sun, beachfront community that all will want to visit and enjoy. Please be assured that temporary obstacles will not deter us.
Geoff Bramwell, John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua
Geoff Bramwell and John Bramwell AKA: El Faro Developments S.A., Niki, Colon, Los Suenos Island Resort, Suenos Developments S.A., Tamarindo Beach & Ocean Estates, Toucan Properties S.A., Nica Projects Ltd, Nicaragua Developments Inc., Lighthouse Enterprises Ltd., Brammy Bros. Properties Ltd. and Brammy Bros Painting & Restoration Ltd.
Geoff Bramwell is from Vancouver, BC and is nothing more than a rival developer with a big chip on his shoulder. His development borders Isla Mariana Beachfront Retreat and is called Tamarindo Beach and Ocean Estates and Suenos Developments. Geoff has lied about his name and he’s lied about where he lives and the lies don’t stop there. What you’re seeing reflected in his post and emails is an increasingly desperate man who is trying to mask the truths of his desperation.
Here are the facts. Geoff Bramwell is a former associate of ours jealous of an enterprise that created success rapidly. In September 2005, Geoff Bramwell negotiated secretly to purchase land through a Nicaraguan attorney in the amount of USD $1,200,000 that was under contract to our company for half the price. Geoff Bramwell brought in his brother John Bramwell and they formed an anonymous company (Toucan Properties S.A.) in order to conceal who was purchasing the land and made deposits to the Vendor in a Panamanian bank account on October 17, 2005 in the amount of USD $30,000 and November 2, 2005 in the amount of USD $350,000 for the purchase of the land and carry the balance owed on a mortgage to the Vendor.
In 2006, Geoff Bramwell and his brother John Bramwell then proceeded to purchase another title what is known as an Agrarian Title with 275 Manzanas (473 Acres). Had they done their due diligence, they would have known it was a fake.
Why did they buy it?
Consider this. Land values on the island were not cheap, yet Geoff and John Bramwell were offered an Agrarian Title priced at roughly 4% of the established price per manzana on the island. In a rational person this would set off all kinds of alarm bells, but the key word here is “rational.”
I’m not a mind reader, but I assume that Geoff and John Bramwell figured that if they could purchase the Agrarian Title for a 96% discount off the market price on the island they would have plenty of money left over to try to make it legitimate. And that’s exactly what they tried to do. The Agrarian Title sequence was out of order, the type of land (mostly mangroves) was inappropriate for an Agrarian Title, the official paper was incorrect, and further irregularities piled up from there. To top it off, the official governmental office of land titles could find no evidence that the Agrarian Title ever existed. Despite all contrary evidence, Geoff and John insisted that their Agrarian Title was legitimate and attempted to extort Kevin Fleming, Maria Rueda and the owners of property on the island.
We are pleased to report that what we have believed for a long time has been comprehensively and unequivocally proven. Indendencia, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued an official letter stating there is no evidence of the existence of the Agrarian Title. The Agrarian Title is not valid as decided by the highest official office of titles in Nicaragua. This is a very important development for all owners at Isla Mariana.
As you may know, for years the Bramwells have been maintaining that they need a letter from Intendencia to demonstrate the validity of their Agrarian Title and a Letter of No Objection from the Republic of Nicaragua. The highest Director within the official title office of Intendencia, Mr. Ciro Orozco Berrios, has issued a letter.
Intendencia de la Propiedad, the highest office of Agrarian Titles in Nicaragua, from the Ministry of Hacienda (the Finance Department) has issued 3 official letters in three different consecutive government administrations stating there is no evidence of the existence of the Agrarian Title held by the Bramwell’s for the project Tamarindo Beach and Nica Projects.
In regards to the Agrarian Title, an official at Intendencia de la Propiedad confirming its existence in July 2007 generated a letter; however, the person who issued the letter was subsequently fired under strong public allegations of fraud. Prior to that, there were three letters issued by officials from different governments within Intendencia de la Propiedad stating that the Agrarian Title has no registration record in their office.
Not only has Intendencia, the highest governmental body in the country that authenticates titles, declared that the Bramwells’ Agrarian Title does not exist, they have also named and referenced the exact title number, exact volume, page and seat. The bottom line is that the Bramwells will never receive the letter they need because the Agrarian Title it does not exist.
In essence, the Bramwells gambled. They hoped to purchase an Agrarian Title for pennies on the dollar and later find a way to make it legitimate. Thankfully, in the end the bet did not pay off. They have no viable development, no legitimate title and no title insurance. Soon the Agrarian Title should be annulled.
It was more bad news for the Bramwells when they tried to get title insurance for the Agrarian Title in their project, Tamarindo Beach and Ocean Estates. First American Title Insurance Company declined their request for title insurance on the Agrarian Title. But that did not stop Bramwells from continuing to advertise their land to unsuspecting buyers that eventually led to a lawsuit and judgment against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd., NOT Kevin Fleming.
Download Judgment Against Geoff Bramwell, John Bramwell, Nica Projects Ltd, Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd.
http://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=2&ved=0CDoQFjAB&url=http%3A%2F%2Fwww.robertfleminglawyer.com%2FSchwarzinger_v_Bramwell_2011_BCSC_304.pdf&ei=_Gf7UIKiFsmUiAKNxYHICg&usg=AFQjCNGeB42w_EI6yN0Qz2rWUr-ZvQ2YlQ&sig2=XBhZHvH4QSC8EkqcdkrRgw&bvm=bv.41248874,d.cGE
The Bramwells have maintained that the Agrarian Title overlaps Isla Mariana and that we must move. In addition to the official disclosure from Intendencia, First American Title Insurance Company and the law firm of Garcia Boden ruled that there was no evidence to support the Agrarian Title and that the title may be located in an area elsewhere according to the same Agrarian Title description. (That is if it were real, which we now have unequivocal evidence that it is not.) We are not going anywhere. We have a legal right to be where we are.
We will not be accepting any deals from the Bramwells because we feel it could jeopardize our owners. The Bramwells offered us millions of dollars to keep quiet and allow them to get title insurance on the Agrarian Title. We refused because we could not accept a deal when we have evidence to the contrary regarding the Agrarian Title. We are simply not willing subject our owners to the adverse consequences, regardless of the money.
The Attorney General of the Republic of Nicaragua has issued an official signed letter declaring that the government has no objection to the location of Isla Mariana. The official document, which is referred to as a Letter of No Objection, is crucial because such a letter can never be issued twice for the same piece of land.
The official document, which is dated April 8, 2008, gives clear authorization for the location where Isla Mariana currently stands. The document also acknowledges all deeds purchased by Isla Mariana. The entire landmass of Isla Mariana has been recorded and detailed, deed-by-deed.
The letter issued by the Attorney General of Nicaragua establishes Isla Mariana as the owner of the land in question. With the issuance of the letter, the Republic of Nicaragua has made it known that they recognize Isla Mariana to be on State land but in granting an official Letter of No Objection, the government is affirming and protecting Isla Mariana’s rights as a good-faith third party purchaser.
The Bramwells Agrarian Title has been a source of contention on the island. The Republic of Nicaragua, INETER and the Municipality of Leon have weighed in on the matter. The island in its entirety has undergone a thorough investigation. The Republic of Nicaragua has concluded that the Agrarian Title does not correspond to the area that Isla Mariana is located. In addition, the Attorney General of Nicaragua has raised serious concerns about the origin of the Agrarian Title.
With the issuance of the Letter of No Objection, the government is confirming its position of upholding the rights of good-faith third party purchasers, such as Isla Mariana. In doing so, the Republic of Nicaragua is taking a positive step toward resolving property disputes that have been ongoing in the area.
We’ve have been acting in good faith throughout the difficult process of development at Isla Mariana. When a problem was discovered, we were adamant about not exposing future owners to risk. We have been diligently trying to resolve the matter, while simultaneously contending with multiple difficulties and delay tactics generated by the Bramwells.
If Geoff and John Bramwell could find a way to make their Agrarian Title legitimate they stand to earn millions, if not tens of millions of dollars in profit from their developments. There seems to be one major hurdle standing in their way. As you may have guessed, based on the venom they’ve been aiming in our direction, that hurdle would be the truth. They don’t care for our company, Kevin Fleming and Maria Rueda because we’re standing in the way of their duplicity.
As you know, the obstructionist behavior displayed by the Bramwells has made moving forward in a positive manner difficult. However, with their Agrarian Title finally and thoroughly discredited we are now free to proceed forward. We are pleased to announce as a result of due diligence and hard work, Isla Mariana Beachfront Retreat is firmly on track and stronger than ever. While the operations of many other developers in the region have come to a halt for lack of permits, we remain on-track and steadfastly moving forward.
As we have mentioned, the Bramwells had no option but to fight because they were aware that without the Agrarian Title they would have nothing. We were standing in their way and thus they had strong incentive to attempt to sully our character. Any emails received from them are more readily understood when viewed from that vantage point.
Perhaps, buyers are wise to ask Geoff and John Bramwell, which title they are currently attempting to sell properties to unaware buyers in Nicaragua at Tamarindo Beach and Ocean Estates and Los Suenos Island Resort. Is it the discredited Agrarian Title or the original title purchased from the Vendor in the amount USD $1,200,000.
The Bramwells emails and post are truly out of line. Having one’s back to the wall can bring out a viciousness that is frightening to witness. And that is exactly what we’re seeing from their recent actions and communication. Any message from John and Geoff Bramwell should be viewed through the lens of what it is – the ranting of men with their back against the wall and nothing to lose.
In future communication, we will reveal additional details about the newly established relationship between Edward Albert Cole, Carmen Elizondo and the Bramwells. In addition, you will learn more facts about the Bramwells, Panama Offshore Services International, Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation, Toucan Foundation and the real identity of the Seaside Mariana Investor Union.
Kevin, you have written an essay in response to John’s post but yet, you never answered my question: why is your Seaside Mariana Land listed for $39,000,000 on Viviun.com?
As well, your post brings up another question: you said you had Marena permits for your Isla Mariana project thus I wonder why if the Bramwell’s are in the wrong and the agrarian title is not legit according to “your legal reps” then why have you not started building if you have the requisite permits? If you are in the right, where are the fruits of your sales? Did you not promise utilities and services to your buyers? where has that money gone? and don’t smoke screen the issue with the same bullshit answers you have given over and over again – they are getting tired.
If you are in the right and everything you have done is legit and above board and is as it should be where is the product? From the stories I have read and the fact you lost your major contracts, there is more to the story but you just keep putting up smoke screens and skirting the issues. Blame blame blame blame…you’re good at that aren’t you?
Looking forward to your response.
We are pleased that the land issues on Isla Real de las Penas have been resolved in our favor. That chapter is concluded. Isla Mariana is moving forward and the future looks bright. We are on target to meet (and exceed) the expectations of those who invested with us.
When we speak of what is due according to the Promise of Sale Agreements signed by Purchasers at Isla Mariana, Nicaragua Developments S.A. has delivered exactly what individuals have agreed to within their legal agreements.
With our combined efforts and contribution, Isla Mariana will soon become the dream community that owners have envisioned. Much has been done to enhance owner’s investment.
We are proud of what has been accomplished thus far, and the future is even brighter. Construction will move forward with MARENA permit in hand, we are seeking proper funding for the cost of enhanced infrastructure (1.6MM) and new sales are on the horizon.
We understand there are many questions that must be on your mind and we will address each question one by one when we reach you by telephone. The situation is unfortunate but you are not alone trying to understand the concerns at this time.
Grupo Mariana is remaining steadfast in our approach to solve all issues before us and we will support all owners in any way that we can. At this time, our number one goal is to reach you by telephone and explain as many details as possible so everyone is fully aware with no surprises.
Please let us know your real name and contact information and we would be pleased to call you immediately. You can reply to [email protected] and we can report back to the forum the notes from our meeting.
At Grupo Mariana our mission is personal. Our lives and our dreams are in Nicaragua. We are established here. Our families have live here for 8 years. Our residing goal is create unforgettable resorts that put Nicaragua on the map as a world-class destination.
Kevin I find it comical that you keep harping on the Bramwell law suit. They admit they were sued and the suit has been settled in the court. It wasn’t just the Bramwell suit. You are listed on the suit also but the plantiff deemed it not worth suing you as you signed an affidavit under oath in the Supreme Court of British Columbia that you don’t own any assets or have any income. The Bramwells hadn’t hidden their assets. Also you now seem to be focasing on Isla Mariana which you haven’t done anything with in the past five years. You state on your website that you have spent 2million dollars there but on what. Yes you did some work on the road and bridge in 2005,2006 and you planted a few tiny plants which died from lack of care. The other developers on the island have put in power within the last year and are putting in potable water. You have opted out of servicing Isla Mariana. The power poles run through Isla Mariana on the municipal road but your buyers will not be using any of that power. Your buyers all need to take a visit to both Seaside Mariana and Isla Mariana and see the total lack of progress.
You are being sued for your failure to meet your obligations to your buyers and investors at Seaside Mariana. Yes you can fight the suit in court of law but you are being sued. Face facts.
Adah. You say face facts, that’s exact what we are doing, reporting the facts. Since you have not read up on the facts, below is a reminder for you to review. We are not going to sit idly by and let comedians such as yourself make dumb comments.
Facts About Lawsuit Filed by Edward Albert Cole Against Seaside Mariana in Nicaragua
As the result of a single illegal lawsuit, Wyndham Hotels Group terminated the relationship with Seaside Mariana. On December 10, 2012, Nicklaus Design followed suit.
Because the lawsuit has had such a detrimental impact on our project, it merits further discussion. It affects everyone’s investment; you deserve to know the truth.
There have been many falsehoods circulated. We look forward to setting the record straight so we can turn our attention to the most important thing: The still beautiful oceanfront property of Seaside Mariana and how we regroup and move forward.
Truth About the Lawsuit:
The Claim: Mr. Cole claimed he made repeated requests to meet but we failed to respond. He said he had no choice but to file a lawsuit, which he calls Arbitration.
The Truth: This is false. We were in regular contact with Ted Cole and maintained frequent contact over a period of six years. In fact, we attempted to contact Mr. Cole on June 5th, 2012 but received no answer. A month later we were notified that he had filed a lawsuit against us.
On September 18, 2012 we once again attempted to contact Mr. Cole but were met with no response. Shortly thereafter on November 6, 2012 a letter containing multiple accusations and multiple falsehoods was posted on the Ripoff Report and distributed to Grupo Mariana Owners and others not directly involved with our company.
The Claim: Mr. Cole claims that Seaside Mariana failed to show up for Arbitration.
The Truth: This is false. Mr. Cole attempted to treat and call the lawsuit and arbitration as if they were one and the same. Lawsuits and Arbitration proceedings are entirely different.
The contract Mr. Cole signed specifies that Arbitration on the seven lots must be filed in Miami, Florida. Arbitration on the condos must be filed in Managua. We invite Mr. Cole to provide documentation that he filed Arbitration proceedings in either jurisdiction—or anywhere for that matter.
ARBITRATION SEQUENCE:
There is a 4-week advance notice that Arbitration will take place. Each party must provide funds to cover arbitration costs (center + arbitrators). Estimate US $18,000.00; which is divided equally between the parties.
Once the arbitrator is appointed they call the parties for a meeting to see if an agreement may be reached to avoid the rest of the process. If you are not in country a representative may appear on your behalf.
If an agreement is not reached, the arbitrator will establish the number of days the plaintiff has to present the claim (7-15 days) and the number of days the defendant has to reply (equal number of days).
The process may last 6-12 months until a decision and award is made.
LAWSUIT SEQUENCE:
The first resolution is admitting the lawsuit, calling the parties to a mediation hearing and possibly a Judge instructing the Public Registrar to record or cancel the lawsuit . The first actions subsequent to Mr. Cole’s lawsuit were nullified on August 16, 2012.
However, in the same resolution that upheld Seaside Mariana’s challenge, the Judge issued an amended resolution containing the same mistakes and irregularities that nullified the first one.
A second motion to nullify was filed on August 17, 2012. The second motion has not been decided. Despite this new challenge, the Judge sent the copy of the lawsuit to the Public Registrar for its recordation. Seaside Mariana was not notified that the lawsuit was recorded on August 20, 2012; nor were we given the chance to appear before a Judge prior to the recordation.
The Claim: Ted Cole claims he has $250,000 of his own funds invested in seven lots.
The Truth: Seven of the lots Mr. Cole sued over do not belong to him 100%. The seven lots are also owned by two other people, Richard Foster and Michael Edmonds, neither of which are listed on the lawsuit. Mr. Cole is also suing for interest on seven lots that are not exclusively his.
The Claim: Mr. Cole claims he is entitled to $423,009 to account for lost interest from his thriving real estate business in Canada.
The Truth: We have written confirmation from Mr. Cole himself and his wife Carmen Elizondo that his business in Canada was struggling. The claim for $423,009 in lost interest from his “thriving business” appears to be a fabrication.
Keep in mind that some of the money for the seven lots was put up by two other people yet Mr. Cole is suing as if the entire amount were his own. That would presuppose that had the other two people not invested in Seaside Mariana they would have given Mr. Cole their money to invest in his Canada business instead. That also presupposes that had they invested with him they would not have asked for the interest generated on their money but (for some unknown reason) given the money to Mr. Cole instead.
The Claim: Mr. Cole claims that his lawsuit puts a lien on the property of Seaside Mariana.
The Truth: This is false. The lawsuit is not a lien because it does not dispute ownership rights at Seaside Mariana. It is not an embargo either because Mr. Cole has not paid the bond equivalent to $2,073,010.50. In addition, in order to physically execute an embargo over the assets of another, a payment of 2% must be made to the Supreme Court of Justice. In Cole’s lawsuit that would amount to a payment of over $40,000. Cole has not paid this fee and no embargo has been issued or executed.
Even though there was a provisional recordation, it does not qualify as a lien. The immovable assets or real rights over which a provisional recordation has been made may be transferred or encumbered without prejudice of the person’s right in favor of whom the recordation was made.
According to Nicaraguan attorneys Mr. Ernesto Rizo and Mr. Rolando Zambrana from the firm of NUNEZ RIZO ZAMBRANA, “The Provisional Recordation of the Damages Lawsuit does NOT grant Mr. Edward Albert Cole any priority, privilege or right over the Corporation’s assets.”
The Claim: Mr. Cole claims that if he wins only 26 lots will retain title. The rest will likely face 100% losses.
The Truth: This is not true but it is quite revealing in regards to Mr. Cole’s motives as well as concern for his fellow investors, or lack thereof.
The bottom line is that Mr. Cole ignored our attempts to contact him, ignored the required Arbitration clause and proceeded to file a recklessly negligent lawsuit that adversely affects all investors.
We hope this answers the main questions you may have regarding the lawsuit that set the current circumstances in motion. Our goal is to get the truth out and then move forward. There have been falsehoods circulated in regards to the termination of the Wyndham Hotel Group relationship as well. Our next communication will address those issues specifically.
If you are not smart enough to put two and two together, get off this board and go make better use of your time. You are embarrassing yourself. You have no clue what the terms of our Promise of Sale Agreements include to make the comments that we have not met our obligations to our buyers. You are going to have to come up with more that just another wild accusation. We should not even be in court, there should not be a lawsuit, wake up.
Adah
You are way off base. You find the facts comical but you go on to make accusations that are unfounded and lack substance. That’s what’s comical. You are Just another poster online hiding behind an anonymous identity. You are either Geoff of John Bramwell writing this message under a fake name. What I report is pure fact about the history of the Bramwells.
(What’s your number, let’s talk. Email at [email protected] if you are for real)
There are responses on this forum about the Bramwells and Isla Mariana because the issue was raised, especially since John was kind enough to join in on the conversation and post messages like it wasn’t even himself commenting on Seaside Mariana and the situation at hand.
Perhaps, buyers are wise to ask Geoff and John Bramwell, which title they are currently attempting to sell properties to unaware buyers in Nicaragua at Tamarindo Beach and Ocean Estates and Los Suenos Island Resort. Is it the discredited Agrarian Title or the original title purchased from the Vendor in the amount USD $1,200,000.
It seems the most obvious question about the Bramwells is what title are they selling for their development. Notice how they have refused to answer this simple question. Also, we have posed the questions about MARENA environmental permits, this also has been ignored.
Don’t shoot the messenger for providing details about the facts of the situation at Isla Mariana. I am done with the Bramwells, there is more I can add but they are not worth any more of my time, the story has been told and there are plenty more to share.
Best entertainment I have had in a long time Kevin. You should write for the companies that sell pyramid schemes to unsuspecting investors. Someone else pointed out that you publish rhetoric while others publish facts. I did read the entire judgement against the Bramwells as well as your filing (that allowed you to be excused from the lawsuit… And let’s be clear that you were sued by the plaintiff as well) that basically declared you had no assets, and no income worldwide. I also read, with great interest as I am sure any lawyer or judge would, some of the information that you provided to various investors, stating that you, Kevin Fleming, contributed close to $2 MILLION dollars of your own money over the same time period that you effectively declared bankruptcy to the Canadian court system. I am not much of a betting man but I would bet that the same judge who excused you from the case would be very interested to read this information . So if you are so sure that all the crap coming out of your mouth is facts, then please explain how you can be broke and commit $2 MILLION of your own money at the same time.
Just the FACTS please… Or at least as you interpret them.
Lobo
You must do stand up comedy like Adah. Without a real name, you barely deserve my time but I have a few minutes to set the record straight.
Let’s be clear about a few things, yes I was named in a lawsuit against Geoff Bramwell, John Bramwell, Tamarindo Beach Ocean Estates and Los Suenos Island Resort for Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua. It cost our company CDN $77,000 to defend my name and follow the comical actions of the Bramwells and witness the Plaintiff reach a judgment against the Bramwell’s, NOT KEVIN FLEMING.
The Plaintiff was free to pursue me if he chose, I was well prepared to defend our position. The fact is, the Plaintiffs case was against the Bramwells and he had little chance of reaching a verdict against us for simply making an introduction.
It was the first and last introduction I’ve ever made. Important to note, we never asked or received any compensation for the introduction. The client responded to an advertisement by International Living, we responded by informing the Plaintiff we were sold out. We passed the Plaintiff’s name to the Bramwells and the rest is well documented history of what happened next.
Just the opposite of not declaring my worldwide assets, Kevin Fleming declared all assets worldwide, including ownership of a foreign corporation. There is nothing new a judge will learn of the legal matter, all facts have been disclosed as requested.
Wait a minute, there may be something new to learn, it pays to go back and check into the Declarations of the Bramwells and see if all their foreign corporations set up by Panama Offshore Services International such as Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation, Toucan Foundation were declared as requested. Would be interesting to see if there are any assets the Plaintiff’s missed and might want to investigate.
Once again, you are using misrepresented information that is not audited financial statements but simply talking points in a few slides as talking points shared to private group of owners in Calgary. Consider this, the fiscal accounting of year end in Nicaragua is from July 1 to June 30. Since you seem to know it all, go back and check the date of the Declaration of Assets. I’m 100% comfortable that we have told the truth and nothing but the truth on the date of the Declaration.
I’ve never reported being broke or gone bankrupt, if you have evidence of such a nature please disclose further information. As always, the truth is easy to tell and not something you have to remember.
WANTED! Carmen Elizondo Cole, Edward Albert Cole and the leader of the Seaside Mariana Investor Union to show their faces in our office in MGA?
I’m here in my office in Nicaragua and will leave my schedule open everyday at 10am for 30 minutes to listen to what they have to say about putting an end to their slanderous statements, libel and defamation of character of our family and company.
In the meantime, please be assured that every step is being taken to move Grupo Mariana forward toward the reality we all have long envisioned despite the actions of these criminals.
Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations continue by Carmen Elizondo Cole, Edward Albert Cole and the Seaside Mariana Investor Union.
If you are seeking the truth, go here:
http://www.ripoffreport.com/carmen-elizondo-cole/wanted-criminals/spring-texas-24850.htm
Still no replies to my inquiries about what land titles the Bramwells are selling on the island near the location of Isla Mariana. Are the Bramwells only capable of misrepresentation, it appears so.
WHAT TITLE ARE THE BRAMWELLS SELLING?
(1) Geoff and John Bramwell under the trade name of Tamarindo Beach & Ocean Estates promoted by Nica Projects are either developing land from the original title with the same lineage and history as the title at Isla Mariana, which means our company has been reporting the truth for six years that the Bramwells Agrarian Title is no good.
OR
(2) Geoff and John Bramwell under the trade name of Tamarindo Beach & Ocean Estates promoted by Nica Projects are either developing land under the fake Agrarian Title, therefore committing Fraud. They will never obtain a Letter of No Objection, Title Insurance or development permits on the land, such as the MARENA environmental permit, which has become very difficult to obtain after passing of the coastal law. The fact remains both Geoff and John Bramwell know full well that the Agrarian Title is an undivided parcel of land with multiple owners of the same Agrarian Title and there is no chance that the Agrarian Title will ever be clean.
Also, we’d like to get a straight answer if they have the MARENA environmental permit to develop their property on the island. A simple YES OR NO will suffice, nothing more.
Finally, do the Bramwells own other corporations set up by Panama Offshore Services International consisting of Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation, Toucan Foundation and were they declared in the court case in BC?
Since the Bramwells joined this conversation and added comments about our business, it seems reasonable we receive a response from these individuals if they are reputable business men.
We are waiting for their response but none is likely to come. Let’s remind folks where they can go to get the truth about Geoff Bramwell, John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua.
They also operate businesses under the names of AKA: El Faro Developments S.A., Tamarindo Beach & Ocean Estates, Toucan Properties S.A., Nica Projects Ltd, Lighthouse Enterprises Ltd., Brammy Bros. Properties Ltd. and Brammy Bros Painting & Restoration.
http://www.ripoffreport.com/geoff-bramwell-john/criminal-justice-system/vancouver-british-columbia-10e54.htm
Where is Edward Albert Cole, Carmen Elizondo Cole and the leader of the Seaside Mariana Investor Union?
Another day has passed and they are no shows to face reality of their Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Grupo Mariana.
Go to our Facebook Page and see the picture of Edward Albert Cole. https://www.facebook.com/grupomariana
If you see him, mention he is wanted at our office for a meeting to put an end to this activity that he has started.
Kevin all this stuff about the bramwell’s and ted cole is just a distraction from the real issue. Don’t LEGITIMATE real estate developers (which you say you are one) have duty to put in basic services for their buyers? Isn’t that what this is really all about?
Other projects in Nicaragua had hard times too but almost all of them still gave title in the buyer’s name, all weather roads, power and water. Why haven’t you done this for your buyers too?
You say to Adah that he has no clue what the terms of our Promise of Sale Agreements include to make the comments that we have not met our obligations to our buyers.
So let me get this straight: ARE YOU SAYING YOU HAVE NO OBLIGATION TO PROVIDE ROADS, POWER AND WATER FOR YOUR INVESTORS?!!!!
This article is about you losing wyndham and nicklaus and that’s why you lost them. Talking about the bramwell’s is smoke and mirrors. And yes I read the link you put up about their lawsuit and they look pretty bad BUT they’re now putting in power and water for there buyers. Theyre doing the right thing for there investors and you are not.
So if you are a LEGITIMATE real estate developer answr these simple question:
1. Can buyers register Seaside lots in their names? If not why and what are you doing to fix it?
2. Can buyers register Isla Maria in their name and do you really have a merena permit? Will you show it to everyone?
3. When are you going to put in roads at both developments?
4. When are you doing to put in water at both developments?
5. When are you going to put in power at both developments?
Those are 5 simple questions. If you can’t answer them don’t bother repling at all.
And if you want to just send me to your website for “answers” don’t bother.
And if you want me to “call you” so you can tell me lies in private where no one eles can hear you don’t bother. I’m not a guy who falls for the same thing twice. If you’re man post answers here for everyone to see.
And if you want to just post press releases and other stuff that doesn’t really give the real answers to the HARD questions don’t bother.
You’re not in this bad position because of the bramwell’s or the cole’s lawsuit even if they made things worse. You’re really in this position because you did not follow through with your obligations.
Kevin, you are riding The Titanic to the bottom of Lake Nicaragua!
Your public display of ego is sickening and you are beyond arrogant. You have completely destroyed your “Brand” in 2 months & now you are working on peoples faith & comfort in the ENTIRE Nicaragua marketplace! Your projects and brand has moved mountains in encouraging people to trust and invest in Nicaragua and now I just don’t get it. I read your recent monologue and you are crazy with venom.
Other developers inside of Nicaragua must be watching your various posts in shock! Pelican Eyes ownership nightmare is seeming minor to this battle. Your posted are well written and content convincing, but something isn’t right. Why so much fighting with so many parties and you are the only one defending yourself. The manner inwhich you are going public appears suicidal. You keep making this bigger and bigger! I just don’t see this coming back to earth and back on track.
First of all, thank you for allowing me to enter “Kevin’s world” and be a part of the Seaside Mariana funeral. I will try to keep this love letter to you short, as I do have more constructive things to do, other than fling BS at each other and destroy the real estate marketing in Nicaragua. I sincerely hope that you cease and desist in writing more BS about your problems in Nicaragua.
For the record, here is a summary of the BS you are spewing. With regards to Isla Mariana and the Bramwells
a. Bramwells are not facing this assault. Groupo Mariana is for lack of performance.
b. Bramwells own the exact same title as you do at Isla Mariana.
c. Bramwell own the second title covering Isla Mariana.
d. Bramwell project has no title issues, as we have both property titles and hence development continues.
e. Isla Mariana is disputed, as you do not own the second title.
f. The Nicaraguan Gov. (procuradoria/intendencia) completed a 6 mth investigation in March 2008 and fact finding mission, complete with full report & history/chain of ownership on all the titles in and around Isla Mariana.
g. Bramwell accept your suggestion to move the battle to the Nicaraguan courts. We will do so shortly. Our dispute will be finalized in Supreme Court, not in public forums.
h. Bramwell and the island developers association installed a private electrical line up to and past Isla Mariana. You did not participate.
i. Bramwells have not applied for the final Marena permit. When the project is ready, the permit will be completed. This is not your concern.
j. Fleming MARENA, house designs, masterplans, law firms, branding, logos, internet picture of happy people, etc, is worthless, if the real estate is never developed.
k. Various Bramwell companies are not relevant. It doesn’t matter to my buyers or yours. What matter to the buyers, is providing what we promised and sold them. That is what they came for and what they should get.
l. Bramwells stopped selling in 2009, when conflict became unavoidable. Bramwells haven’t marketed or sold property since that time. You continue sell disputed land at Seaside and Isla, to this very day!
Your recent ignorance and public display of bravado/stupidity has created a situation where the issue is no longer about Isla and Seaside, but about the entire Nicaraguan marketplace. You are destroying confidence with your “slash and burn” approach to your business’! I see the following:
a) Lost confident in Groupo Mariana, Seaside and Isla Mariana
b) Increasing the battle level of all affected parties
c) Scaring off suppliers including, Stewards & First American title insurance at Isla Mariana. (YES, STEWARTS HAS WALKED ON ISLA & SEASIDE, AS OF YESTERDAY).
d) Scaring off sub-developers that you are looking for inside of your developments.
e) Scaring off any banks or private lenders from participating in a Groupo Mariana project.
f) Scaring off anyone from purchasing Seaside.
g) Scaring off Buyers of land, condo, etc. in your project & the entire of Nicaragua.
h) Creating a situation for ANID and Nicaraguan developers to try and control the collateral damage that you are creating. Developers are talking about how to “shut you up” or “kill you faster”. I remember you saying that you will “take everyone down with you, should you fail….well it seems as though you are there….you want us all to burn with you?”
i) On the positive side, it is showing that you are a fighter. Ok, point for you!
*You think you are winning a battle, but you are losing the war! I just pray that your lot buyers are not sending HOA and payments to you, so that we speed up this painful process! You are disrespecting all the buyers and families that trusted their investment money with you. You are an embarrassment to Canada & Nicaragua. You have insulted, discredited and abused my name for years, but now you are on a totally new level. You are a big fish and the wake of your destruction is massive!!!
In the past months you have been informed on the updates regarding our efforts to solve the issues we are facing. As responsible developers, we have hired the best professionals to analyze the different situations, to overcome the obstacles that we have found on the way.
In consideration of the many questions you may have, please feel free to contact the men and women involved in the project helping to resolve our issues. Grupo Mariana continues to work side by side with the Litigation Team providing all of the information as needed and co-operate as requested.
Please see the list below for direct contact information:
NICARAGUA
Rolanda Zambrana
NUNEZ RIZO ZAMBRANA
Km 4.5 Carretera a Masaya, Edificio CAR, 3° Piso, M-7
Managua, Nicaragua
Tel: (505) 2270-7353
Fax:(505) 2270-7354
http://www.nrzlaw.com [email protected]
Ernesto Rizo
NUNEZ RIZO ZAMBRANA
Km 4.5 Carretera a Masaya, Edificio CAR, 3° Piso, M-7
Managua, Nicaragua
Tel: (505) 2270-7353
Fax:(505) 2270-7354
http://www.nrzlaw.com
[email protected]
Carlos Taboada
Abogado y Notario / Attorney at Law
Consortium – Taboada & Asociados
Managua, Nicaragua
Tel: (505) 2254-5454
Fax: (505) 2254-5295
http://www.consortiumlegal.com
[email protected]
CANADA
Roger S. Watts
Boughton Law Corp
Suite 700, 595 Burrard Street, P.O. Box 49290
Vancouver, BC V7X 1S8
Phone 604-687-6789
Fax 604-683-5317
http://www.boughtonlaw.com
[email protected]
UNITED STATES
Jack Martin Coe
Law Office of Jack Martin Coe Suite 302, 210 Sevilla Avenue
Coral Gables, Florida 33134
Phone 305-445-3200
[email protected]
Grupo Mariana remains committed to resolving the issues at hand and continues to review all available options to settle matters that have the best interest in mind for the clients of Grupo Mariana.
We have a full team of professionals standing buy to continue forward with development plans and look to a bright future in Nicaragua. We will not allow a small group of people (with questionable motives) to undermine the progress we have achieved and hurt investors who have placed their trust in our hands.
Thank you for your patience and understanding in this matter. In an effort of full disclosure, we will continue to update everyone involved in the matter on our public legal page http://info.grupomariana.com/legal, so a full understanding is know at all times.
It was 5 simple questions. A list of your lawyers is not an answer.
Here’s a 6th question you probably won’t answer. Did you just loose Steward title insurance on both Seaside and Isla like John says?
Is it past time to close of comments on this? The initial point was to post news about the fall out between a developer and some major ‘associates’. That’s done and the dirty linen and name calling doesn’t serve any purpose other than to confuse and yes terrify people who might like to visit and explore investment in Nicaragua.
Sure there can be problems and there are lots of places within Nicaragua to gain information and do ‘due dilligence’. That’s not the purpose of this article nor the job of Nicaragua Dispatch.
I refer Canadians and some Americans almost daily to the Nicaragua Dispatch to get a taste of what Nicaragua is about. Hopefully they don’t dwell too much on the comments posted regarding this article.
Isn’t the Nicaraguan dispatch a News blog not a tourist brochure? The truth coming out about this and other developments can only help to enlighten and educate future visitors and investors in Nicaragua. I’d rather see some people scared off from coming here than a whole load more continue to get fleeced by a few unscrupulous and opportunistic fraudsters taking advantage of less than ideal circumstances and vulnerable buyers. Whatever the truth of the matter in the above article and ensuing comments, at least it’s telling a cautionary tale and once the truth does come out it should help to put a stop to those who are up to no good in Nicaragua. You don’t have to be much of a student of history to understand where the covering up of the truth(however unsavoury) ultimately leads. 2008, Lehman brothers, Bear Stearns, S&P, Fitch, LIBOR etc etc? Anyone?
Best comment ever! Thank you Raffles.
Nicaragua has beautiful properties and lots of good developers but some bad apples too, like every place. It makes sense not want to dwell on things or scare away new prospecs but people obviously have LOTS to say about this topic.
If is just cut off to save face that might be even worse. If I were new to Nicaragua that would scare me even more!! Isn’t full transparency the best policy? Maybe if some of these developers had been more transparency there’d be less of these problems to begin with.
Speak of transparency, Kevin still not answered my 5 simple questions. John Bramwell answered lots of questions without being directly asked, so bravo! But I expected an answers from Kevin because a couple of his long posts here were really good. I agree with Frank that some Kevin’s posts were well written and convincing but with others Kevin sounds like a angry lunatic. Maybe he has split personality?
Best comment ever! Thank you Raffles.
kevin, can you please tell the listeners, in clear English, the answers (or atleast estimations) to the 5 questions from “cypress”? They really are the key points for buyers!
Hello Cypress and Frank
We will answer all questions that are posed to us at [email protected] or individuals may call our toll free line at 888-484-4425.
Also, individuals seeking information can visit us at http://info.grupomariana.com/legal and download a number of public documents.
With regards to Stewart Title Latin America, I am not aware of any notice that has been delivered to Seaside Mariana or Isla Mariana to inform us that title insurance is not available.
There are rumors that Stewart Title is pulling out of Nicaragua and not issuing new title insurance policies but I’ve not seen a public press release.
1. Can buyers register Seaside lots in their names? If not why and what are you doing to fix it?
Answer: Yes, buyers at Seaside Mariana can register lots in their names.
In case the depositor is a foreign LLC or a Company: 1)A copy of the Articles of Incorporation/Association, 2) Company Bylaws, Company Resolution 3) Power(s) of attorney or other document(s) which grant(s) legal authority to the authorized signatory to act as the legal representative for the entity for the matters related to this Agreement and to sign on behalf of the entity. 4) A copy of passport and driver’s license issued by a Governmental entity (legible and in force) of legal representatives.
In case the Depositor is a Trust: 1) A copy of trust agreement and its modifications if any, 2) A copy of driver’s license and passport issued by a Governmental entity (legible and in force), of the person authorized to act on behalf of said trust as well as of the Beneficiary.
2. Can buyers register Isla Mariana in their name and do you really have a merena permit? Will you show it to everyone?
Answer: Yes, buyers at Isla Mariana can register lots in their names.
In case the depositor is a foreign LLC or a Company: 1)A copy of the Articles of Incorporation/Association, 2) Company Bylaws, Company Resolution 3) Power(s) of attorney or other document(s) which grant(s) legal authority to the authorized signatory to act as the legal representative for the entity for the matters related to this Agreement and to sign on behalf of the entity. 4) A copy of passport and driver’s license issued by a Governmental entity (legible and in force) of legal representatives.
In case the Depositor is a Trust: 1) A copy of trust agreement and its modifications if any, 2) A copy of driver’s license and passport issued by a Governmental entity (legible and in force), of the person authorized to act on behalf of said trust as well as of the Beneficiary.
At Isla Mariana, we have our MARENA permit and copy is available upon request or can be downloaded from our public page http://info.grupomariana.com/legal/
3. When are you going to put in roads at both developments?
Answer: Access roads to the edge of the lands are currently at both of the developments called Isla Mariana and Seaside Mariana.
4. When are you doing to put in water at both developments?
Answer: The installation of running water is currently to the edge of the lands at both of the developments called Isla Mariana and Seaside Mariana
5. When are you going to put in power at both developments?
Answer: The installation of power to the edge of the lands is currently at both of the developments called Isla Mariana and Seaside Mariana.
How does Kevin think he can sell the property if he cant answer the simplest questions?
The simplest question is what is your name, email and telephone number. Please provide this information and I will gladly answer any and all questions you may have.
On the phone in private means no accountability to anyone. There’s lots of people who want to know the answers to these questions. Why cant you put it writing?
We want to thank each and every one of you for your words of encouragement and continued support during this trying period. There is light at the end of the tunnel. We have a clear and compelling case against Edward Albert Cole aka Ted Cole and are working hard toward achieving that end.
One of our commitments at Grupo Mariana has been to maintain an open line of communications, and this commitment remains strong. Of course, it’s admittedly easy to get caught up in the multitude of daily activities that we face in pushing forward with our projects. But not keeping in touch with you is something we will not allow to happen.
In our last updates, I hope you’ll recall all the positive steps that have taken place at Grupo Mariana over the past few months—one of the most important being the facts about Edward Albert Cole and his claims of his lawsuit are devoid of any merit.
Edward Albert Cole has lied about his name, he’s lied about where he lives, he lies about the lawsuit and the lies don’t stop there. What you’re seeing reflected in his recent messages and posts is an increasingly desperate man and women (Carmen Elizondo Cole) who are trying to mask their identities through the anonymous group called Seaside Mariana Investor Union, whose known members include Taylor and Zach Collings, Brent Balog, Michael Edmonds, Geoff and John Bramwell. In future communications, we will release further information about other associates of the Seaside Mariana Investor Union and take the necessary action to prevent further untold damages to Grupo Mariana.
In addition to the telephone calls, emails to our clients and team members by Mr. Cole, we have discovered a new Facebook Page that has been established since January 22, 2013. You can see this page by clicking here. Mr. Cole and the Seaside Mariana Investor Union proudly continue to display wrongfully registered court documents of the Cole lawsuit, which was irregularly filed, registered illegally and no action taken in over 5 months.
Despite this fact, Mr. Cole continues to make statements knowing full well they are false and misleading to clients and refuses to answer our direct request for documentation supporting his claims that he filed for Arbitration and we failed to go to Arbitration, which paved the way for him to proceed with his lawsuit. Again, we invite Mr. Cole to provide documentation from any Arbitration Center in the world that he has presented us with proper notification according to the terms of his Promise of Sale Agreements.
Unfortunately, Mr. Cole and the Seaside Mariana Investor Union, have blocked our ability to respond to their false claims on their new Facebook Page and we have taken action to ensure our message responding with the truth to their false claims is communicated openly.
As of January 29, 2013 Grupo Mariana has established a new Facebook Page called Seaside Mariana Investor Union Nicaragua, solely for the purpose of communicating our message to rebut the false claims being made on Mr. Cole’s Facebook Page. Please go here to Like Us on Facebook and follow our responses to Mr. Cole and the Seaside Mariana Investor Union as we defend our position in this matter.
We are pleased to release further information that will help to understand our position at Grupo Mariana responding to Carmen Elizondo Cole, Edward Albert Cole and Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Kevin Fleming, Maria Rueda and Seaside Mariana with their most recent statements about disclosure, Isla Mariana, lawsuit in Canada and breach of securities regulations in the US and Canada.
CLAIM: The facts about Isla Mariana and the lawsuit with the Bramwells. Kevin Fleming and the Bramwells were sued jointly. The land at Isla was fraudulently sold to them and they failed to do sufficient due diligence to discover this. A disgruntled investor sued them when the deception was discovered.
TRUTH: The correct representation of the lawsuit is:
IN THE SUPREME COURT OF BRITISH COLUMBIA
Citation: Schwarzinger v Bramwell, 2011 BCSC 304
Date: 2011.03.14
Docket: S100583
Registry: Vancouver
Between:
Karl Schwarzinger and Tag Properties SA [Plaintiffs]
And
Geoff Bramwell aka Geoffrey John Simon Bramwell, John Bramwell aka Jonathon A. Bramwell, Kevin Fleming, Nica Projects Ltd., formerly know as Nicaragua Developments Ltd., and Lighthouse Enterprises Ltd., formerly known as Brammy Bros. Properties Ltd. [Defendants]
Before: the Honorable Madam Justice Fitzpatrick
No evidence by any party has been presented to any authorities in Nicaragua that the property at the lands using the Trade Name Isla Mariana was fraudulently sold to clients. The area in question, was researched by an approved law firm of First American Title Insurance Company and upon the conclusion of the title search report from the attorney approved by First American Title Insurance Company, the finding was the title had no defects. The property transaction was then completed with the purchase of the lands known using the Trade Name of Isla Mariana.
As per the disgruntled investor, the history between the Bramwells and the Plaintiff is well documented IN THE SUPREME COURT OF BRITISH COLUMBIA. It is more than evident that the relationship of the Plaintiff was with the Bramwells and not Kevin Fleming. For complete details, we are pleased to provide further information from THE SUPREME COURT OF BRITISH COLUMBIA. Read more about the case by visiting the following website:
http://www.ripoffreport.com/geoff-bramwell-john/criminal-justice-system/vancouver-british-columbia-10e54.htm
CLAIM: Kevin told investors that he was legally fighting against the Bramwell’s but, in fact, he was fighting beside the Bramwell’s as a defendant.
TRUTH: No such evidence of communication exist from Kevin Fleming that reported the action IN THE SUPREME COURT OF BRITISH COLUMBIA as a fight against the Bramwells and Kevin Fleming. We invite Seaside Mariana Investor Union aka Edward Albert Cole, to provide evidence of this communication. At no time, has Kevin Fleming been fighting beside the Bramwells as a Defendant, Kevin Fleming retained separate legal representation aside from the Bramwells and our statement is very clear in the affidavits describing our association with the Bramwells.
CLAIM: Mr. Fleming told all the investors that he beat the Bramwell’s in his law suit and purported to be the hero for saving Isla Mariana; An obvious deception, to say the least.
TRUTH: No such evidence of communication exist from Kevin Fleming that reports the action IN THE SUPREME COURT OF BRITISH COLUMBIA that Kevin Fleming beat the Bramwells in his lawsuit and considered ourselves a hero for saving Isla Mariana. There is no legal action and there has never been any legal action against the lands using the trade name Isla Mariana. We invite Seaside Mariana Investor Union to provide evidence of this communication. In addition, Kevin Fleming has never brought legal action against the Bramwellls but considering the circumstances of the Bramwells actions, all avenues to pursue damages are being considered.
CLAIM: Mr. Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no worldwide assets or income to avoid any further action against him. This allowed him to be excused from the Lawsuit. Kevin filed 2 affidavits with the courts, 1 in 2010 for $3000 and one in 2011 for $30,000 claiming that he was broke.
TRUTH: It is true that two affidavits were filed but there is no representation that Kevin Fleming was totally broke or had no worldwide assets or income to avoid further action against Kevin Fleming. Under no circumstance was a decision reached that Kevin Fleming be excused from the lawsuit because of the information provided in the affidavits filed by Kevin Fleming. We invite Seaside Mariana Investor Union, to provide evidence from THE SUPREME COURT OF BRITISH COLUMBIA that proves this claim.
CLAIM: Based on documents he presented to investors in December of 2012 in the time that the first affidavit in BC was filed (2010) Mr. Fleming had invested his own money of $891,311. By the end of 2011 he claims that $2,171,350 of his “OWN PERSONAL MONEY” found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit. In June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit stating a total net worth of approximately $30000.
TRUTH: It is true we presented informational slides with unaudited financial information used for talking points in a private meeting in Calgary, Alberta with a number of clients, that were referrals of Edward Albert Cole, who received 4% commission on all sales to his friends, for the purchases at Seaside Mariana.
At this meeting, we did report ownership of a Panamanian Corporation represented by Kevin Fleming, which was disclosed IN THE SUPREME COURT OF BRITISH COLUMBIA filing of affidavits of Kevin Fleming. During the meeting, it was disclosed that a Consultancy Agreement exist with the Panamanian Corporation to be paid a 10% referral fee for capital raised or real estate sales from developments known as Isla Mariana and Seaside Mariana.
Furthermore, the income received from the referral fees for sales are between the dates of June 2005 and March 2010. In this private meeting, it was very clear that the Panamanian Corporation’s major shareholder is Kevin Fleming, and this information was properly disclosed in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA.
The amount of $2,171,350 is an accounting of all funds contributed by either the Panamanian Corporation for loans to Seaside Mariana and Isla Mariana and all deposits directly made on behalf of Kevin Fleming from personal funds transferred from Canada to Nicaragua.
The Seaside Mariana Investor Union would have you believe that an amount of funds in the millions were hidden from the disclosure of information in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA. One important note to mention, it’s finally nice to see an accurate reporting of sales of the development totaling 14 million dollars and not the various reports from the Seaside Mariana Investor Union reporting 20M, 25M, 27M and in some circumstances, we’ve seen over 30M.
CLAIM: IT IS LIKELY THAT MR FLEMING BREACHED SECURITIES REGULATIONS IN CANADA AND THE US
TRUTH: No security regulations in Canada or the US has been breached.
CLAIM: Fleming stated in one of his emails: “In addition, Seaside Mariana is the first resort in Nicaragua to file documentation with the US Security and Exchange Commission (SEC) and the comprehensive Canadian Disclosure process. This effort provides our investors with an unparalleled level of security and confidence.”
TRUTH: We invite Seaside Mariana Investor Union to provide the entire communication of the email with time and date stamp for verification. An integral part of any successful company is the team selected to assist in the growth of the enterprise. Grupo Mariana is cognizant of the fact that their target markets demand high standards. To that end, Grupo Mariana have gone to great lengths to find and hire the best in the business. We have surrounded ourselves with the best professionals in the industry and have the support of the Nicaraguan government and local municipalities to ensure the viability and success of our burgeoning community.
Disclosure, a lengthy legal process that allows developers to market their project to potential investors outside the country and sign Agreements requiring clients to make deposits outside the country of Nicaragua, will be facilitated by Pusher Mitchell in Canada for the Province of British Columbia Real Estate Disclosure and by Haile Shaw & Pfaffenberger who completed our Founder Member Program in accordance to US Security Exchange Commission Guidelines. In addition, Saxton Gilmore in Florida has designed club membership packages for the golf and sports clubs and home owners association covenants and restrictions. First American Title Insurance Company and Stewart Title Latin America have existing policies of title insurance. Taboada & Associates will provide legal counsel and representation inside Nicaragua.
CLAIM: There is no Canadian Securities Registration. Canadian securities regulation is managed through laws and agencies established by Canada’s 13 provincial and territorial governments. Each province and territory has a securities commission or equivalent authority and its own piece of provincial or territorial legislation. Unlike any other major federation, Canada does not have a securities regulatory authority at the federal government level. Check attached Securities Searches for Provinces in Canada in attached document.
TRUTH: It is true that similar documents as the US Founder Member Program was created by Pusher Mitchell in Canada for Canadian Securities Registration but since we never moved forward to offer the Founder Member Program to Canadian Investors, we have never filed such documents but stand ready to do so should we proceed with the Founder Member Program to be offered to Canadian Investors.
CLAIM: Disclosure Registration in BC reveals no registration at all in searches, and in general, Canada does not exist. One because Canada DOES NOT HAVE a Federal level Security registration. And two, because there has been no registration under any name associated with Fleming, Rueda, Seaside Mariana and any variation thereof, Grupo Mariana, NicaraguaDev. Anywhere in Canada.
TRUTH: It is important to note that BC Disclosure Registration is completely different than BC Securities Exchange Commission Registration. It has been very clear over the past years that our objective to register for BC Disclosure Registration will be completed upon the final receipt of our environmental permit and property funding in place for construction. Until such time that all of our permits are obtained, registration of BC Disclosure is not possible, therefore we would not issue such statements that this process is complete but rather pending and being prepared by Pusher Mitchell in Canada.
CLAIM: There is no province in Canada that has any of the Fleming associations filed or registered. Mr Fleming has sold in Alberta, Ontario and BC without the required securities filings. Quebec is believed included. However, All of Canada is being solicited. A prospectus is required. Security is intimated by his declarations but his declarations are false.
TRUTH: Any filings with the BC Securities Exchange Commission would only be in regards to our Founder Member Program to Canadian Investors. As such, since we have not offered the Founder Member Program to Canadian Investors, there has been no need to file with the regulator of such matters. In addition, at no time has a sales agreement been signed in Canada or a deposit taken by a client in Canada. We invite Edward Albert Cole or the Seaside Mariana Investor Union to submit evidence of such a sale agreement written, signed or a deposit taken in Canada.
CLAIM: Mr Fleming made a filing in the US for$17,500,000 in $350,000 minimum blocks. However, no filing documents were ever filed for any sales generated or investors obtained. He failed to disclose to the SEC who, what and how much was sold. He failed to file a prospectus to sell foreign land titles. He has not complied with investor disclose forms amongst many other items. He appears to be in breach of the Securities act. Someone in America should file a complaint if they feel strongly about his activities.
Mr. Fleming sent into the United States Securities Commission a Limited Offering of Sale of Securities to raise money for Seaside Mariana Spa & Golf Resort planning to raise $17.5 million dollars with minimum Founder offerings of $350,000 minimum investment. Some Founder member offerings were sold at $350, but the bulk were not. There were no credited investor disclosures or any other filings ever done from that point. Whatever breaches are evident there are irrelevant. The use of this filing has been to give a false sense of security to investors to further assist Mr. Fleming to extract money from unsuspecting investors.There is no security with any filing, but there are ramifications for filing and not following the rules. The rules have been broken. Additionally, American law is similar to Canadian in that the security commissions everywhere want to shut down scammers. There has been sufficient evidence to warrant investigation and possibly more than that in the US. American investors are urged to pursue a complaint with reasonable surety of success. Sufficient information to pursue an effective complaint is available through the Seaside Mariana Investors Union upon request.
TRUTH: Haile Shaw & Pfaffenberger has completed our Founder Member Program in the US in accordance to US Security Exchange Commission Guidelines. At no time in the past 6 years, has any sales of the Founder Member Program taken place raising $1 of capital under this Founder Member Program, therefore no disclosure to any regulator to report such sales is necessary. We invite Mr. Cole or Seaside Mariana Investor Union to provide one signed Founder Member Program Agreement from any sale completed in the past 7 years.
As a reputable company, we feel notifying our clients and future prospects of the importance of due diligence and information to review is an important aspect of our responsibility. At Grupo Mariana, we have done exactly that, report of all of the activities and progress of our developments while highlighting our team members expertise and the goal of their services for our developments for the ultimate benefit to our clients.
A STORY OF DEDICATION
It is, of course, important to still bear in mind the radical market changes that have affected each of us individually and collectively, and use that revised perspective to acknowledge the positive progress being made. We learned a great deal at Grupo Mariana over the last six years, and revised our plans and vision to reflect the new market and association with Wyndham Hotels & Resorts. Forward movement at Grupo Mariana is something we’ve all waited for patiently, and it’s invigorating to see our efforts now beginning to pay off despite the efforts of Mr. Cole, Seaside Mariana Investor Union and their ulterior motives.
Our goal, and our commitment to you, is to build oceanfront communities that even the most discerning individual would be proud to call home. Please be assured that temporary obstacles will not deter us.
The bottom line is that the owners of Grupo Mariana are first and foremost in our minds. We won’t be satisfied until our developments are complete and the resorts that we originally planned and you still deserve. We have a clear and compelling case to move forward on your behalf. We intend to keep our promise to you.
The situation amongst us is not grave and we wish to reassure everyone that we are on top of every detail of the case. We will continue to attempt to reach you by telephone and update everyone on information as it becomes available.
In the meantime, please be assured that every step is being taken to move Grupo Mariana forward toward the reality we all have long envisioned. We appreciate your support and hope you understand our willingness to assist you in any way necessary. In future communication, we will discuss other false claims about Robert Black, financing opportunities, parcels of land for sale at Seaside Mariana and other inquiries that have been made such as Cypress questions. Please contact us at any time for information or help.
Inconsistencies Found From Claims of Carmen Elizondo Cole, Edward Albert Cole aka Seaside Mariana Investor Union
Be forewarned that this report contains a great deal of information; however, we have always been committed to keeping you informed of developments both inside and outside Grupo Mariana and we are confident you will find this information enlightening and revealing.
The primary purpose of any top notch resort is properly planning for success. We have been working diligently in Nicaragua to bring about a final and favorable resolution for all Grupo Mariana owners. The illegal lawsuit issues are in the process of being resolved and that should provide a solid and secure result for each and every owner at Grupo Mariana knowing that the actions of Carmen Elizondo and Edward Albert Cole will not be tolerated. That goal has been at the forefront for us and is the motivation behind all our efforts to resolve this matter with the lawsuit. At Grupo Mariana, our owners come first. Grupo Mariana has suffered untold damages as a result of a single lawsuit—a suit that was improperly filed, illegally recorded and previously nullified.
Everything boils down to construction financing, which we have been working hard to deliver to our owners of property at Isla Mariana and Seaside Mariana. It is crucial to bring outside investors the necessary documentation to ensure the unquestioned safety and legitimacy of their investment. The extensive design, development, planning, operations, marketing, and legal activities up to this point, while time consuming and expensive, are now ensuring that owners have some of the most comprehensively researched and planned, thoroughly investigated and permitted and most secure and beautiful property in the country.
We are pleased to release further information that will help to understand our position at Grupo Mariana responding to Carmen Elizondo Cole, Edward Albert Cole and Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Kevin Fleming, Maria Rueda and Seaside Mariana with their most recent false claims about Seaside Mariana, Isla Mariana, Robert Black, Kevin Fleming and Bramwell lawsuit in Canada.
CLAIM: Kevin Fleming announces the 23 day tour to sell more of whatever Mr. Fleming will sell. All the while knowing that his commitment to deliver on what he will be selling isn’t much of a commitment and intentionally will not be delivered upon.
TRUTH: Throughout 2013, Kevin Fleming will be bringing his vision and expertise to the United States and Canada with a 23-city tour. Fleming will sit down with small groups of interested individuals to discuss the country’s potential as an ideal place to invest, vacation, retire or start a business. Fleming met his wife, Maria Rueda, in 2003 when she was studying in Vancouver, Canada. Maria was born in Nicaragua and when she spoke of her homeland with Fleming, she would emphasize “real estate.” Upon settling in Nicaragua in 2005, Kevin and Maria soon found themselves the owners of a growing real estate and blessed with two sons born in Nicaragua. Fleming has spoken at over 100 international presentations and conferences in 14 countries about real estate development and investments in Nicaragua and Central America. Nicaragua is still a misunderstood country, but is beginning now to experience the growth and progress that created dynamic opportunities in such places as Costa Rica a decade ago.
CLAIM: What will happen to Seaside if sold? Given Mr. Flemings commitment to protect the investors who were ‘first and foremost’ in the eyes of Grupo Mariana, recovery of your investment is in imminent danger. In fact, those that do not have a registered title have nothing for security. Should Mr. Fleming be able to sell the project, it would be unlikely that he would receive even the amount of the money he has collected from investors. Should he receive less than the investment collected from investors, do you really believe, given his actions to date, that he would return all of your money? If you believe that he has no money, as he says, then you definitely have the answer, and that is “NO”! If he does have money tucked away, which seems reasonable to assume, being as he has the money for a 23 city tour, then you have also have your answer, that is a rather large “NO”. It seems very clear at this point. If you do not fight for your investment, it will definitely be lost. The choice will be yours.
TRUTH: There is no imminent danger to Grupo Mariana Owners properties at Isla Mariana or Seaside Mariana because of either individual or large parcels of land being for promoted for sale. It is common knowledge in the real estate industry that joint ventures or the sale of real estate to raise capital for construction financing of infrastructure development is not something new. More importantly, no properties of owners that have a signed Promise of Sale Agreement at Isla Mariana or Seaside Mariana are being offered for sale.
CLAIM: Flemings panel states 40 condominiums sold since 2007. The first sales campaign generated 24 Beachfront Tower Condos back in 2007 and no attempt to fulfill that commitment has been made, just excuse after excuse. Construction deadlines and promises long ago breached.
TRUTH: At Seaside Mariana between November 2007 and November 2008, 24 condominiums were sold part of our Charter Member Program. From the dates of April 2010 to November 2012, Grupo Mariana has been working with the Wyndham Hotel Group on development plans to include the 24 condominium owners as part of the first phase of construction of the Wyndham Mariana Resort. In future communication, we will highlight the operational details of our progress with Wyndham Hotel Group during past two years. The result of signing an agreement with the largest hospitality brand in the world during the worst economic recession in years, is anything but not attempting to fulfill our commitment to owners.
CLAIM: The 2011 sales of the Mariana Del Norte condos have already passed the initial deadline and these condos have not been attempted either. In fact, the Marena permit, that Mr. Fleming says he has pending, has long time expired and there has been no attempt to resurrect it. This was confirmed by the MARENA OFFICES recently. The Marena permit (The master environmental permit) is an absolute necessity to have before a developer can build.
TRUTH: It is false to suggest that the MARENA permit has expired. Seaside Mariana has not received the MARENA permit, therefore it is impossible for a permit to expire if it has never been issued. There are 16 individual units in the condo building in the Mariana del Norte neighborhood at Seaside Mariana that have been sold during the past two years. Each unit sold to individual clients has specific terms defining the Construction Starting Date depending on the time in which the Promise of Sale was signed by the Purchaser. It is not true that the terms of the Construction Starting Date has passed on all 16 individual units as described in the Purchasers Promise of Sale Agreements. More importantly, specific terms are defined in the Promise of Sale Agreements, see below:
CANCELLATION OF CONSTRUCTION
In the event that after executing this Promise of Sale and before starting the construction of The Building any event or circumstance or novelty of any nature should arise, or certain conditions are not met so that in the exclusive opinion and discretion of the PROMISSORY VENDOR the construction of The Building is unadvisable or unreasonable, the PROMISSORY VENDOR has the right to decline from constructing The Building. The PROMISSORY PURCHASER hereby agrees and accepts that the Promise of Sale will terminate. The parties agree to settle any present and future dispute by the PROMISSORY VENDOR returning all amounts paid by the PROMISSORY PURCHASER as part of the purchase price of The Unit, along with a compensation interest estimated at three per cent (3%) per year within a three year period. The parties agree that this shall serve as the sole and total compensation to PROMISSORY PURCHASER by PROMISSORY VENDOR.
CONSTRUCTION STARTING DATE
Without affecting Clause Nine hereof, PROMISSORY VENDOR hereby states that construction of The Building is currently estimated to being no later than Month Day, Year (hereinafter called the Construction Starting Date) and that consequently The Unit promised for sale will be ready approximately Eighteen (18) months after the Construction Starting Date. The Parties understand that the Construction Starting Date correspond to the Date in which Construction Begins defined herein as the day in which there is a binding agreement in place with a company that is responsible for project management or construction of The Building.
PROMISSORY VENDOR has the authority to postpone the Construction Starting Date until Month Day, Year, in which case PROMISSORY VENDOR will provide PROMISSORY PURCHASER written notice indicating said postponement no later than Month Day, Year and PROMISSORY PURCHASER hereby agrees to said postponement.
PROMISSORY VENDOR has the authority to postpone the Construction Starting Date a second time until Month Day, Year in which case PROMISSORY VENDOR will provide PROMISSORY PURCHASER written notice indicating said postponement no later than Month Day, Year . After receiving notice thereof, PROMISSORY PURCHASER must decide whether to agree to such postponement, in which case the Parties irrevocably understand that PROMISSORY PURCHASER agrees with postponing the Construction Start Date a second time or can request immediate return of all sums deposited to the escrow account mentioned in Clause 3 hereof, together with approximately three per cent (3%) annual interest over said sums over a period of three years to be agreed upon the PROMISSORY VENDOR and PROMISSORY PURCHASER.
PROMISSORY PURCHASER’S failure to request in writing return of all sums within 7 business days of PROMISSORY VENDORS’S notice of said postponement shall be considered accepting such postponement.
CLAIM: Conclusive observations; the 24 Beach Condos sold in 2007/8 were abandoned and never started when scheduled to be started in 2009 up until now, not one iota of commitment to the investors has been attempted. This is the reason the Wyndham Hotel withdrew from the project. Mr. Fleming could not honor even one commitment.
TRUTH: It is false that the beachfront condos in 2007/2008 have been abandoned. In fact, under the terms of the promise of sale Agreements of the 24 owners, the majority of owners Promise of Sale Agreements specifically determine that the start of construction will commence upon 60% of the units sold in the building. The beachfront condominium building has a total of 86 units.
On November 5, 2012 Grupo Mariana received notice that Wyndham Hotel Group would be terminating the Condo Marketing Licensing Agreement, Trademark License Agreement and Franchise Agreement, which commenced in April 29, 2010. The reason given for the termination was failure to inform Wyndham Hotel Group of a lawsuit filed by attorney Mr. Jacinto Obregón on behalf Mr. Edward Albert Cole on July 5, 2012 and recorded before the Seventh Civil District Court of Managua on August 15th, 2012 against Kevin Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A.
The primary rationale provided by Wyndham for the Agreements termination was failure to disclose the “Cole lawsuit.” It is crucial to note that the Agreements were between Wyndham Hotels and Resorts, LLC and Grupo Mariana S.A. (“Franchisee”), which is a Panamanian corporation, and Seaside Mariana Property Management S.A.(“SMPM”), which is a Nicaraguan corporation. The lawsuit is against Kevin Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort S.A., which is a Nicaraguan corporation, not Grupo Mariana S.A. and SMPM. It is clear that Grupo Mariana S.A. and SMPM were not involved in any litigation-requiring disclosures when Wyndham issued their Termination Letter.
That fact alone is sufficient to demonstrate that the termination of the Agreements was unwarranted.
CLAIM: The infrastructure that was supposed to be built by raising money from the Beach Condos has never been started.
TRUTH: We invite Seaside Mariana Investor Union to provide evidence of a single signed Promise of Sale Agreement that describes funds raised from sales of the beach condominiums will be used for the construction of infrastructure. If fact, we invite Edward Albert Cole to submit his signed Promise of Sale Agreement for everyone to review and confirm that such a Clause exist that describeds cash raised from beachfront condo sales was supposed to be used for infrastructure.
CLAIM: The golf course that was supposed to be long time finished never started. The master plan changed with the wind and never started. The Mariana Del Norte condos never started. The Laya bungalows lay in ruins. Not one decent road exists. Taxes are not paid even though the contracts specifically state so: The support of the ProNicaragua has been lost. The Wyndham representation has been lost. Jack Nicklaus has been lost. Support in the country of Nicaragua has disappeared completely.
TRUTH: Grupo Mariana is in the process of developing a master-planned community in the municipalities of Diriamba and San Rafael Del Sur, Nicaragua, to include a private non-equity mandatory optional club known as the Seaside Mariana Club. Plans provide that, when completed, club members and their families and guests will enjoy multiple hotels, a Championship Design 18-hole Golf Course, golf practice facilities, clubhouse, ocean club, fitness and spa centers, tennis, pools, equestrian and other recreational facilities.
Seaside Mariana has grown beyond its original vision as a luxury resort into a true Oceanfront Community in itself. We are moving forward, creating a community with a rock-strong foundation, as well as a plan for sustained reinvestment in the surrounding region. After the economic storm, Seaside Mariana has emerged as the beating heart of Nicaragua’s Pacific Coast. We are dedicated to seeing our community and neighborhoods grow in the very near future.
Seaside Mariana is situated on 923 acres with over one mile of pristine beachfront. At completion, Seaside Mariana will support over 3,000 residents and an estimated 2000 dedicated staff members within 6 individual neighborhoods and the creation of 10,000 jobs in the surrounding communities.
Pre-Construction Development
Meticulous attention to detail, coupled with prompt and decisive action is a hallmark of Grupo Mariana’s development style. At Seaside Mariana it’s a given that speed compliments, rather than compromises, quality. Seaside Mariana has developed a master plan for the Property, acquired projected cost estimates, obtained a preliminary golf design, routing with center line markings and grading plans of the golf course, completed civil and construction plans with a budget for the costs of the development of Phase I Mariana del Norte infrastructure, entrance, Laya Hotel Bungalows and Beachfront Condominiums.
Development of the Property requires issuance of a variety of permits and approvals from various government departments and municipalities. Many of these permits and approvals have been obtained, including the approval of the Major Use of Land Permit from INETER, department of Managua, Nicaragua establishing good conditions for construction on the land and no faults lines or risk to development. In addition, development permits have been obtained from the two local municipalities, as have the required water, power and cultural permits.
Seaside Mariana has been issued a complete master policy of title insurance from First American Title Insurance and a second carrier, Stewart Title Latin America. The first phase of a two phase process submitting for environmental permits to the department of MARENA was completed. The final environmental permit is anticipated in 2013.
As of 2008, a well has been drilled 200 feet and water located. The results of the drilling have proven the well has an ability to deliver up to and over 33 gallons of water per minute. A second well was completed with results of the drilling indicating the well has an ability to deliver up to 270 gallons of water per minute. Two more wells were drilled, each delivering an additional 250 gallons of water per minute. In August 2008, the individual land lot surveys (380) were completed and registered in the public registry of Managua and Carazo with a registered Catastral Survey Map and reference number along with the Horizontal Property Regime (HPR) and submitted to the public registries of two municipalities. All land lots within the HPR are registered in the municipalities of Managua & Carazo, ready for the transferring of individual titles and are approved for sale since November 2009.
A Nicaragua Corporation has been formed for the mutual benefit of property owners and Developer. Seaside Mariana Property Owner Association S.A. has been formed and serves as the property owners association for the Development (the “POA”). Existing property owners are members of the POA. Seaside Mariana is the first resort in Nicaragua to file the extensive documentation required for the Security and Exchange Commission (SEC) and pending registration with the comprehensive Canadian British Columbia Disclosure process.
Additionally, the Nicaragua Ministry of Tourism and the offices of PRO Nicaragua and the President of Nicaragua has signified his support for the project in letters to the Developer.
Environmental Reforestation at Seaside Mariana has already been completed with land clearing and extensive site staking of all roads and home sites in Phase 1. Planning of the first hotel and resort site, which will be in the Mariana del Norte nieghborhood, is ahead of schedule with completed land plans, architectural drawings, interior designs and construction phasing strategy.
The environmental permit was issued by INEFOR, and the coastal highway relocation is pending final approved by the Ministry of Transportation and the Attorney General’s office, bringing Seaside Mariana even closer to fruition.
Also of note, the the creation of a rental program is complete and to be managed by Kemper Sports Management, the third largest US-based golf and hospitality Management Company. This program will enable owners to earn a return on their investments when not on site.
Investors have embraced the project, as witnessed by the fact that over 200 home sites have been sold. A political risk insurance policy is in development from AON Insurance Company for Seaside Mariana, which is the first such policy of real estate to be issued in the country. This provides investors with another layer of security for their investment. Coming soon, an on-site real time camera is will be set up at Seaside Mariana so investors can watch the progress and see firsthand the fruits of their investment.
The Seaside Mariana Club
Seaside Mariana’s primary amenity will be a Championship Design Golf Course. The 18-hole golf course is scheduled to begin construction upon the receipt of the environmental permit and appropriate funding and is anticipated to begin construction in 2014 and ready to open in 2015.
A golf clubhouse of approximately 5,000 square feet, including a casual mixed grill and bar, pro shop, and men and women’s locker facilities with wet areas and lockers will be built. The clubhouse is planned to feature extensive outdoor dining areas with picturesque views of the 9th & 18th holes overlooking the Pacific Ocean. The Spa and Fitness Centers will be built inside the areas designated as hotel complexes and we anticipated that the first Fitness and Spa Center.
The Club will be structured as a non-equity club. The Club will offer non-equity memberships. The Club proposes to offer four primary categories of membership: Founder Memberships, Private Residences, Golf Memberships and Sports Memberships.
It’s been a difficult, demanding and sometimes tedious process, but the sands at Seaside Mariana Oceanfront Community are at last welcoming the foundations of the first structures. Construction crews were staged and working shortly after Seaside Mariana finally received all necessary permits in early June 2012 to begin work on the site. Underway is the entrance and the first beachfront bungalows, with work set to begin by the end of the year on the first condominium building.
Quite frankly, it feels very much like a dream coming true to finally see the beginnings of Seaside Mariana coming out of the ground. We’ve thought we were there on several occasions in the past, but it’s hard to even begin to describe just how difficult and intensive the permitting process has been.
Progress Continues on the Golf Course
With building construction underway, the focus continues on completion of the final design specifications for the Golf Course. Extensive site clearing and staking is underway, and with the current plan, earth movement can begin in 2014. Final touches also are being put on the forthcoming release of single family home sites along the golf course in the Paraiso neighborhood, which also will feature condominiums along the course and an amenity center.
We’ve carefully reworked our master plan to now offer new golf course home sites in a premier location that promises to be one of the most valued in the entire community. At Paraíso, you now have the wonderful chance to invest in real estate that is anticipated to rise steadily in value as the community grows. The home sites in Paraíso golf course home sites that will be available in Seaside Mariana are expected to sell quickly. Paraíso Golf Course Home Sites at Seaside Mariana are located along holes 2, 3, 4 and 8 of the Golf Course and promises to be one of the most spectacular golf destinations in the world.
The Seaside Mariana Team
An integral part of any successful company is the team selected to assist in the growth of the enterprise. Grupo Mariana is cognizant of the fact that their target markets demand high standards. To that end, the Grupo Mariana have gone to great lengths to find and hire the best in the business.
We have surrounded ourselves with the best professionals in the industry and have the support of the Nicaraguan government and local municipalities to ensure the viability and success of our burgeoning community. Disclosure, a lengthy legal process that allows Seaside Mariana to market their project to potential investors outside the country, will be facilitated by Pusher Mitchell in Canada and by Holland & Knight in the United States. Saxton Gilmore in Florida has designed club membership packages for the golf and sports clubs. First American Title Insurance Company and Stewart Title Latin America have existing policies of title insurance. Taboada & Associates will provide legal counsel and representation inside Nicaragua.
Another crucial component of success for any prospective development is the relationship cultivated with local authorities. Seaside Mariana received full support from the Nicaraguan Minister of Tourism, the Nicaraguan Ministry of Transportation, the Environmental Ministry of MARENA and the Mayors of San Rafael Del Sur and Diriamba, the local municipalities where the development is located.
The Surrounding Community
The development’s goal is to be completely self-sustaining; however, Seaside Mariana owners and vacationers will not lack for outside activities if they so desire. Nicaragua offers a plethora of sites and activities for all, many of which are nearby to Seaside Mariana. The tourism zone of Pochomil offers numerous beachfront-dining options, whiles the well-known Barcelo Montelimar Beach Resort, less than 15 minutes away, and remains one of the most popular beach resorts in Northern Nicaragua. The colorful colonial structures of Granada and the famous Isletas of Lake Nicaragua are also nearby, as is the warm volcanic water of Lake Apoyo—all are accessible in a mere 45-75 minutes. The long-awaited coastal highway, set to pass directly through Seaside Mariana, will bring the famous surfing and fishing hot spot of San Juan Del Sur within a leisurely 1.5-hour drive.
CLAIM: There are multiple excuses, stories, statements of bravado, threats of libel and defamation suits, defiance in the face of the current law suit and the many that will follow, the defiant inaction concerning the interests of the investors that gave him millions, the continual deceptions, manufactured accounting statements, lawyers opinion letters that are presented as legal documents, and ever changing answers to the same questions that investors pose, are all making the true story of Mr.Fleming come to light.
TRUTH: As most of you are undoubtedly aware, Seaside Mariana suffered a significant setback recently. As the result of a single illegal lawsuit registered by Edward Alberto Cole, Wyndham Hotels Group terminated the relationship with Seaside Mariana. On December 10, 2012, Nicklaus Design followed suit. Carmen Elizondo Cole, Edward Albert Cole and Seaside Mariana Investor Union Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Kevin Fleming, Maria Rueda, Seaside Mariana and Isla Mariana has been nothing short of fiction. There is only one story for our valued clients and that is the truth, which is something that does not need to be remembered or frabricated.
CLAIM: Mr. Fleming has proved to the world that his first project, ISLA Mariana, is an un-built abandoned mess of a project after 7 years. He took million of dollars of investors’ money in 2005/2006 for lots on the Island, and then spent it everywhere but on the project he was entrusted to complete. This project was done in the name of Nicaragua Developments later changed to Grupo Mariana. To this day, not one dollar has been invested in developing the project and the investor lots purchased sit unguarded and grown over with vegetation to the point of them being impassible to foot traffic.
TRUTH: We invite Seaside Mariana Investor Union to provide evidence that funds from sales at Isla Mariana was used to purchase Seaside Mariana. In October 2006, the first purchase of land was completed of Seaside Mariana. Nicaragua Developments S.A. (Nicaragua) began their development enterprises in the year 2005 with the purchase of property under the trade name of Isla Mariana, a 17-acre development located between Puerto Sandino and Salinas Grandes on the northern Pacific coast of Nicaragua. In addition, investment in the lands include:
Investment to date over 1.5 million dollars
Acquisition of the lands
Environmental Feasibility Study
Development Permit from Municipality of Leon
Master Plan
Design Development of architectural plans
Municipality approval of lots from cadastral office
1 meter topography of 17 acres
Renovation of bridge crossing from the mainland to island
7 kilometers of road construction widening one lane to two lanes
Electricity to the edge of the lands
Water line to the edge of the lands
Three fresh water tanks
Upgrade to 1.5 kilometers of public road access to all weather
Phase 1 road infrastructure under construction
Landscaping of Clubhouse location
Landscaping for 17 acres clearing brush from the development
Landscaping for the first boat launch
Cleaning of 4 km of beach frontage from garbage and debris
Delivery of 42 foot trailer for an onsite construction office
Complete topography of lots with cement makers at 4 corners of the lots marked by GPS
Roadway in developments 9 meters wide
Reforestation plan completed and approved by the Municipality of Leon, Health Department of Municipality of Leon and the department of MARENA
Civil infrastructure plans are complete
Electrical Approval from Union Fenosa
Complete and approved permit from MARENA environmental department
CLAIM: During that 2005-2009 period, he used the millions of investors money for his personal residence, his beach house, his expensive cars, land for other projects and lavish lifestyle living. Recent documents uncovered in a search of British Columbia Court records reveals two affidavits filed by Mr Fleming (in attached files) that were done in June 2010 and Oct 2011 state that he was virtually broke: in June 2010 for approximately $30,000 and Oct 2011 for approximately $5,000 total world wide net worth. Consider that these affidavits were submitted in court during the same time that he states to investors that he put over $2 million dollars “of his own money???” into Seaside Mariana Spa and Golf Resort. Mr. Fleming filed affidavit in 2010 and Oct 2011 that he was virtually totally broke and had no worldwide assets or income to avoid any further action against him. This allowed him to be excused from the Lawsuit. Kevin filed 2 affidavits with the courts, 1 in 2010 for $3000 and one in 2011 for $30,000 claiming that he was broke.
TRUTH: It is true that two affidavits were filed but there is no representation that Kevin Fleming was totally broke or had no worldwide assets or income to avoid further action against Kevin Fleming. Under no circumstance was a decision reached that Kevin Fleming be excused from the lawsuit because of the information provided in the affidavits filed by Kevin Fleming. We invite Seaside Mariana Investor Union, to provide evidence from THE SUPREME COURT OF BRITISH COLUMBIA that proves this claim.
CLAIM: Based on documents he presented to investors in December of 2012 in the time that the first affidavit in BC was filed (2010) Mr. Fleming had invested his own money of $891,311. By the end of 2011 he claims that $2,171,350 of his “OWN PERSONAL MONEY” found its way to the project and was conveniently forgotten when filing his OCT 2011 affidavit. In June of 2010, his own legal firm, Taboada and Assoc, where he processed over $14 million dollars of sales since 2007, notarized an affidavit stating a total net worth of approximately $30000.
TRUTH: It is true we presented informational slides with unaudited financial information used for talking points in a private meeting in Calgary, Alberta with a number of clients, that were referrals of Edward Albert Cole, who received 4% commission on all sales to his friends, for the purchases at Seaside Mariana.
At this meeting, we did report ownership of a Panamanian Corporation represented by Kevin Fleming, which was disclosed IN THE SUPREME COURT OF BRITISH COLUMBIA filing of affidavits of Kevin Fleming. During the meeting, it was disclosed that a Consultancy Agreement exist with the Panamanian Corporation to be paid a 10% referral fee for capital raised or real estate sales from developments known as Isla Mariana and Seaside Mariana.
Furthermore, the income received from the referral fees for sales are between the dates of June 2005 and March 2010. In this private meeting, it was very clear that the Panamanian Corporation’s major shareholder is Kevin Fleming, and this information was properly disclosed in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA.
The amount of $2,171,350 is an accounting of all funds contributed by either the Panamanian Corporation for loans to Seaside Mariana and Isla Mariana and all deposits directly made on behalf of Kevin Fleming from personal funds transferred from Canada to Nicaragua.
The Seaside Mariana Investor Union would have you believe that an amount of funds in the millions were hidden from the disclosure of information in the affidavits IN THE SUPREME COURT OF BRITISH COLUMBIA. One important note to mention, it’s finally nice to see an accurate reporting of sales of the development totaling 14 million dollars and not the various reports from the Seaside Mariana Investor Union reporting 20M, 25M, 27M and in some circumstances, we’ve seen over 30M.
CLAIM: His former partner Rob Black loaned him the money to buy the Isla property which he paid back from cash raised at Seaside. This same loan from Mr. Black he shows that he paid Mr. Black back from his funds raised at Seaside and from the money he drained from Isla Mariana. This fund transfer from Seaside is disclosed in the accounting report he sent out to investors. It is these same funds that he says he no longer has in his 2 affidavits produced in the British Columbia LawSuit. Sounds like the “Kansas City Shuffle” for those of us that remember that old movie! However, the misuse of the Seaside Mariana and Isla Mariana project funds sure fits the Web definition of misappropriation. It would be surprising if the word FRAUD hasn’t crossed your mind by now.
TRUTH: We invite Seaside Mariana Investor Union to produce evidence of any contractual
agreements between Rob Black, Kevin Fleming or entity that proves their claim. The truth is funds disbursed to Robert Black from Seaside Mariana Spa & Golf Resort S.A. were specifically for the acquisition of 50% of the shares held by Robert Black of Seaside Mariana Spa & Golf Resort, S.A., which can be verified by a signed Shareholder Agreement.
CLAIM: Mr Fleming took all of the millions from sales at Isla Mariana in the name of Nicaragua Developments and misappropriated those funds from that project to buy the Seaside Mariana property in 2006 and a myriad of personal property. This was conducted while the law suit was going on, and during which time he decided to drain assets from Nicaragua developments to show that he was broke in NDSA (Nicaragua Developments S.A.) for the affidavits he filed.
TRUTH: We invite Seaside Mariana Investor Union to produce one document of evidence to prove this claim. Funds raised to complete the purchase of the Seaside Mariana property was not from any sales of land at Isla Mariana. During the period in which the lands known as Seaside Mariana Spa & Golf Resort, S.A. was purchased, there were no lawsuits filed against Nicaragua Developments S.A. or any company affiliated with Grupo Mariana S.A. We invite Seaside Mariana Investor Union to produce any documents of any legal action.
CLAIM: It seems incredible that Mr. Fleming can take off on a 23 city tour that he announced on Jan 10 2013, while he and his Seaside project are broke and all of the money spent. That is, of course if you can believe a single word that comes from Kevin Fleming’s direction.
TRUTH: When it comes to the North American tour mentioned, please factor the following points. When our company announced last August that our family was moving to Canada for personal reasons, at the same time we also announced that Kevin Fleming will be spending at least 7-10 days a month in Nicaragua. Kevin Fleming was in Nicaragua in September 2012 for 2 weeks, in October 2012 for a week, but Kevin Fleming did have to cancel his 2-week trip in November as there were pressing matters to deal with regarding Edward Albert Cole, the Seaside Mariana Investor Union, threats made to our family on behalf of Edward Albert Cole and his planned interference with our Discovery Event.
The North American tour is a exciting way to promote Nicaragua and speak with interested individuals seeking information about Nicaragua. It allows Kevin Fleming to get face to face with owners and speak to them one on one or in a group. Since Kevin Fleming is traveling to Nicaragua every month with stops along the way, Kevin Fleming can control these stops with his ticket from Vancouver and simply select cities to pass through on his way to Nicaragua. Our goal remains the same as it has been for 8 years, promote individuals to visit Nicaragua. Therefore, we have created 4 Discovery Event Tours and 7 Romantic Getaway Tours to entice people to visit Nicaragua. Our trips to 23 cities upon closer examination all fall in the same week that Kevin Fleming is traveling to Nicaragua and while there is an event scheduled in Nicaragua.
CLAIM: It also seems incredible that Mr. Fleming can go on with selling his project to unsuspecting investors, knowing that he has no intention of delivering, no capacity to deliver, has lost the ability to be accountable to anyone, has had the ability to carry out this elaborate deception for so many years, and that never been tackled until the May 2012 law suit filing of Edward Cole.
TRUTH: For our organization, taking things to a new level (a level not yet seen in Nicaragua) has required extra time in planning, due diligence and proper permitting. We could have cut corners in order to move faster but that is not the development we set out to create, nor the development our investors deserve. The hard truth of the matter is that things can “get done” very quickly —if someone does them the wrong way. If things are done the right way the process is much longer and patience is required. We are a company that looks to the long term rather than the short term. We are interested in quality, not quick fixes. Sometimes getting the best takes time but it is undeniably worth it.
The strides Grupo Mariana has taken recently will greatly enhance the value of your investment. We thank you for the patience, trust and commitment you have extended to us. Our unwavering commitment is to provide our owners with the absolute best Nicaragua has to offer. We plan to the projects of Grupo Mariana everything you could hope for and more.
On behalf of the entire team and associates of Grupo Mariana, we thank you for your continued support through our design development phases and we strive to outperform at every level of development. The success Grupo Mariana is not dependant upon one person but a team of professionals working to make this project a reality.
Our goals are ambitious and not without challenge but we embrace the opportunity to succeed where others have failed. Grupo Mariana is committed to provide, excellence of property development in a land of opportunity with old world charm and new world possibilities.
Back to the infrastructure thing, yes that again. So people who bought into the ‘luxurious Seaside Mariana’ dont get power and water to their lots? So if they build a house there supposed to string there own power cables from the ‘edge of the lands’ across other peoples lots to reach their house ? ANd if they want water should they walk to the ‘edge of the lands’ with a bucket in hand to get it? Really????
Dear Cypress
There’s no need to go beyond the ridiculous unless you are trying to prove a point. You asked a question and it was anwered. Should you have a new question, I’m pleased to provide further answers. Having said this, I can determine by your comment you desire further information about our individual offered lots and when the basic infrastructure of water, power, roads and tel com will be available to the individual offered lots.
It is imposible to predict with certaintly when the individual offered lots will be serviced with basic infrastructure until the contractor is on-site and begins construction.
Until such time that the final permits are obtained, the approved contractor has delivered their estimate of construction costs, we can then proceed with our application for institutional financing.
Should financing not be available, there are other options to raise capital such as 1) selling a parcel of land 2) joint venture and 3) sales of individual offered lots.
During the pre-construction period, it’s not uncommon for investors to purchase individual offered lots prior to construction starting and being completed. In addition, normally the seller offers a lower purchase price compared to an individual offered lot that is fully serviced with infrastructure.
We suggest everyone perform their own due diligence according to their risk tolerance and expectation of return on their investment.
Edward Albert Cole’s Legal Counsel Obregon & Asociados Reject Arbitration to Settle with Seaside Mariana
Ted Cole from Calgary, Alberta (who is actually Edward Albert Cole now living in Managua, Nicaragua married to Carmen Elizondo) is nothing more than a desparate man clinging to a lawsuit that will soon be annulled and action brought against him for damages caused by his negligence.
Unsatisfied with his signed Promise of Sale Agreements (“PSA”) at Seaside Mariana Spa & Golf Resort, S.A., Mr. Cole elected to hire a Nicaraguan attorney to file an irregular lawsuit and have it registered illegally instead of following the terms of his PSA. To make matters worse, Mr. Cole brought in his friend Michael Edmonds from Calgary, Alberta, and they formed an anonymous group (Seaside Mariana Investor Union) in order to conceal making false claims and misrepresenting information to the public and our clients.
Mr. Cole and his friend Michael Edmonds have purchase land together at Seaside Mariana and received their registered titles. Why did Mr. Cole file a lawsuit for land he received at Seaside Mariana? Why is Michael Edmonds not a Plaintiff in the same lawsuit? In rational people, they would follow the terms of in their signed PSA and proceed with Arbitration, but the key word here is rational.
Below is the Clause of Arbitration in the PSA for Beachfront Condominiums at Seaside Mariana Spa & Golf Resort, S.A. in the name of Edward Albert Cole:
Arbitration: Any conflict arising from the interpretation, execution or breach of this Promise of Sale Agreement shall be resolved by Arbitration of Law, held before the Arbitration Center of La Camara de Comercio de Nicaragua (Nicaragua Chamber of Commerce) in Managua, Nicaragua according to the rules of this Center and before one Arbitration Judge. Arbitration costs will be split in equal parts. The party with adverse ruling if applicable unless otherwise established by the Arbitration Judge will pay travel and legal expenses. Parties will have no right to appeal the decision and the decision of the arbitrator will be final.
Below is the Clause of Arbitration in the PSA for Home Sites at Seaside Mariana Spa & Golf Resort, S.A. in the name of Edward Albert Cole:
Arbitration: Any conflict arising from the interpretation, execution or breach of this Agreement shall be resolved by Arbitration, held before an Arbitration Center located in Miami, Florida, United States of America. American Arbitration Association rules will apply. The Arbitration Center and the Arbitrator will be designated by mutual agreement of the parties. If the parties do not agree, the Arbitration Centerand the Arbitrator can be designated by mutual agreement between the proposed arbitrators of the parties. In all cases, the proposed arbitrators must be Florida practitioners. In all cases, the ruling should be rendered by the arbitrator 60 days from appointment. Arbitration costs will be split in equal parts. Travel and legal expenses will be paid by the party with adverse ruling if applicable. Parties will have no right to appeal the decision.
At a meeting held on February 1, 2013, at our attorney’s office in Managua, Nicaragua, we met with Mr. Cole, Carmen Elizondo, Michael Edmonds and the attorneys of Mr. Cole, Obregon & Asociados. The object of the meeting was to persuade Mr. Cole to end the lawsuit against Kevin Fleming, Maria Rueda and Seaside Mariana Spa & Golf Resort, S.A. and settle our dispute through Arbitration as described in the terms of Mr. Cole’s PSA.
On one hand, Mr. Cole feels that we have breached the terms of the PSA but on the other hand, Mr. Cole fails to recognize the importance of other Clauses in the PSA to settle matters through Arbitration and not the courts of Nicaragua.
Consider this. Mr. Cole’s has filed a lawsuit in the amount of USD $2,073,010.50. If he were to go to Arbitration, he would quickly learn the correct amount of his claim would be USD $400,000. The incentive is high for Mr. Cole and his attorney to proceed with court action but not plausible or acceptable to our company. Ironically, according to the terms of Mr. Cole’s PSA, the court action he has commenced is a breach on his part of the PSA.
It is the opinion of Mr. Cole’s attorney that having a signed agreement is of little importance in Nicaragua and his attorney is confident about taking the law into his own hands, while ignoring the clauses in the signed PSA of Mr. Cole that would help settle matters quickly and quietly for both parties and for the benefit of all owners of property in Nicaragua.
Mr. Cole’s attorney was directly asked simple questions by Kevin Fleming:
1) Explain how a lawsuit is registered after a motion to annul the lawsuit is granted.
2) Explain how a lawsuit is registered when a second motion is submitted to annul the lawsuit and a decision remains pending from the courts.
3) Explain how a lawsuit is registered prior to both parties meeting in mediation before a judge to render a decision whether sufficient grounds exist to register a lawsuit considering the PSA describes Arbitration as the legal mechanism to settle disputes.
Mr. Cole’s attorney refused to answer the question and avoided the subject completely providing no answers. If someone is not guilty, the truth should be forthcoming. Considering the magnitude of the damage caused by the registration of the lawsuit illegally, why is Mr. Cole’s attorney evading our questions when it should be easy to explain if his action was legitamite?
Unfortunately, no agreement was reached and the meeting ended with Mr. Cole refusing to consider Abitration to settle his grievances.
If two parties sign an agreement that will later not matter or be taken seriously, what purpose is a signed agreement between parties to begin with. Allowing Mr. Cole to proceed forward with his action in the courts of Nicaragua while at the same time ignoring the terms of his PSA is not something we are prepared to ignore.
We remain open to discuss settlement with Mr. Cole, but not under the threat of a lawsuit (blackmail) meant to apply pressure to settle quickly and quietly. Until such time that Mr. Cole recognizes this fact, the sooner we can put an end to the action taking place against us in Nicaragua and move forward in a positive direction and recover from the damages of Mr. Cole’s negligent actions.
Mr. Cole will get a lesson of one kind or another when his lawsuit is annulled and he is left with nothing but damages to pay for his actions. Mr. Cole feels that he is untouchable in Nicaragua but indeed has broken the law with the breach of his Agreements, Interference of a Contract, Deceit, Slander, Libel, Defamation, Malicious Prosecution and Negligent Misrepresentations against Kevin Fleming, Maria Rueda, Grupo Mariana, Seaside Mariana and Isla Mariana.
Having one’s back to the wall can bring out a viciousness that is frightening to witness. Any post from Edward Alberto Cole, Carmen Elizondo Cole or Michael Edmonds (Seaside Mariana Investor Union) should be viewed through the lens of what it is the rantings of individuals with their backs against the wall and nothing to lose.
Cypress your questions have not only been answered, but they seem ridiculous. Clearly you are not happy, but lets face the reality if you would not have invested in land, you probably would have lost it during the recession in some other venture scheme, or stock, 401k investment. You and our investor union shpuld be thanking Kevin Fleming for guarding your land purchases by not leveraging its value to continue with the project throughout 2009-20012. GROW UP!!!
“John,”
Very presumptuous of you.You know nothing of my other investments, which have done quite well. To say Kevin has ‘guarded’ our Seaside Mariana land purchases is ludacrist. All the Seaside investors I know just want OUT. But obviously you have an agenda if you think that questions about when infrasturcture will be delivered are ridiculous questions. You sound like KEvin.
I am invested in the project as well. `with over 100k and I can not understand why all the juvenile name calling, aren’t we all looking for the same thing. ROI and tropical dream. I do not see how this blog and all the back and forth said, truth, fact is helping our investments.
I am happy you have invested wisely, and have done well. I am sure you are aware that many including myself have lost thousands in the market during what they say was worst recession. I only said Kevin has guarded our investment because its still there, its land. Unless a tsunami takes out the west coat of NIcaragua and the bank does not own the land, I consider my investment at this time safe. Its value is certainly decreased without the brands and I hope it does not take 5 years to get to where we were a few months ago. Thanks to Cole
I will admit I have made mistakes in the past on investments and have lost money, but that is why we invest, we gamble on returns, and sometimes we don’t always get them, or they are longterm.
Its painful to loose money but don’t we have to look at the cold hard facts?
1. Most Seaside investors don’t have title in their name. So what do they really have other than a promise from Kevin? (How has that worked out?)
2. People can’t get title at Seaside Mariana now even if there paid in full because Kevin did not paid his taxes.
3. There are no brands
4. There are no all weather roads to the lots
5. There is no electricty to the lots
6. THere is no water to the lots
7. Kevin is trying to sell the development
How much is that land sitting there with no infastructure and no proper title (in a thrid world country) really worth? I don’t have the answer, its just something to consider.
Let’s start with John. Are you by any chance, John Rueda, the twin brother of Maria(CEO of Grupo Mariana), and previous COO(Chief operation officer) of Grupo Mariana. The fellow who was in charge of the daily operations and accounting of Seaside from 2008-2010? From the tone of your post, I can’t help but to ask. Ironically, even you are NOT very convincing that you will retrieve your investment. You are now suggesting that your investment is only a portion of what it was prior to “several months ago” and hopefully not lose entirely. Even you don’t have an registered lot in your name, and I bet you are not a signatory on the Panama account. Although, you may know a fair amount about the flow of the money inside the corporations. If Fraud is proven, you could be next in line, after your sister.
I sorry, but having Kevin Fleming safeguard anyone’s money is quite a ridiculous statement. We are now getting a closer view of Kevin’s project management ….and it’s not looking good!
Kevin’s epilogues are just “blah blah” now. They are just way too long & ambiguous to be interesting anymore. Seaside and Isla Mariana are becoming a joke. Kevin is making this into a public battle of who can publicly discredit the other. Kevin is not resolving any issues. Ted Cole and Kevin met in Managua this past week. Kevin made a big Facebook buildup campaign and put online exactly what Ted Cole was going to accept and what he would not accept. I have never seen a negotiation go well, when one parties is TELLING the other party. …beyond stupid. This guy is playing God with his investors “trusted” money. Who cares about the Bravado or who wins the meeting. Kevin should have been “all ears” and listed to Ted Cole’s requests and /or demands. All Kevin cares about as the Public show for his cronies. Kevin should be earnestly negotiating a resolution with whoever will still talk to him! Kevin is digging in for a lengthy legal battle, instead of tending to the issues. The two gringos(Kevin & Ted) should talk and try to save the “SS Seaside” from a crash with the rocks ahead! “Small man syndrome” is not serving him well, in this instance. By now, his list of cronies have got to be scratching their head and wondering, regardless of all the positive BS that he has individually spoken to his buyers. Said it before, 99% of people don’t care about the details, they just want movement on the lawsuit and at the project. If Kevin cannot negotiate his way out of this, he will need to be be-headed(figuratively speaking), just like Chris Berry at Pelican Eyes(who an infinitely better person than Kevin/Maria).
Now for the good news! Yesterday, I viewed on YouTube(search Pellas Groupo, (http://www.youtube.com/watch?v=OQmLNB6YZdk), the amazing progress the Grupo Pellas is making on Guacaleto de la isla. They purchased in 2008, same year as Kevin purchased Seaside. From what I looked at, the golf course is done, the clubhouse, numerous casitas, the infrastructure, and 2000 workers on site. I realize that this is the Pellas, rich and powerful on any scale, but wow! It hit me in the face, how slow the Seaside progress is. Pellas is Pellas, but Kevin collected over $20 million. It is so disappointing that Seaside hasn’t even got a single descent road, power, water or shelter. Pretty inexcusable.
Here’s a theory. No proof, just a thought that makes sense. Could the Nicaraguan government have stopped the lot transfers at the Seaside, as they never received their promised $1 million from Kevin. The $1 million for the road to Pochomil, which of course, the government would have collected a substantial portion of that money. It just DOES NOT MAKE SENSE that Kevin & Maria did not transfer the 350 individual lots to their respective buyers during that period. I am having a hard time getting past this. This is a fatal mistake that one would think that the Flemings would not make. According to Ted Cole’s court documents, the last lot transfer at Seaside was late 2009.. and only 27 or 377 lots. Grupo Mariana had the money in the bank in 2010-2012, so why not pay the property tax, transfer the lots and substantially reduce the liability to your buyers. …just doesn’t make sense!
Here are some answers.
1. Titles cannot be transferred to owners because of two failure by SM, one is that lot surveys must be renewed annually with Cadastre. That has not happened as of this date. Two, “municipal solvency” must be issued and that is not possible until SM pays its back taxes.
2. Despite Coles lawsuit being ridiculed, it has merit enough that on Monday 11 Feb, Mr. Fleming has been restrained from departing Nicaragua.. There are rumors a criminal fraud charge is imminent. Just today, under pressure from a large investor, Mr. Fleming admitted the restriction order was issues on Monday.
3. It doesn’t take a rocket scientist to see where this is going.
Nicaheat,
You make great points! Kevin says he couldn’t build yet because he didn’t have all the permits yet but what about all the other developments that managed to build (and are not billionaires like Pellas but still managed?)
Montecristo put in roads, power, water, houses etc. Why couldn’t Seaside?
Gran Pacifica put in roads, power, water, condos, houses, etc. Why couldn’t Seaside?
The same goes for Iguana and several other developments. How were they all able to get their permits and put in infrastructure but Kevin couldn’t?
What do you make of the fact that Kevin is the only one who couldnt do it?
Well, my name sure gets used alot in this blog. I read it for the first time just now. It is my role to perform on the contracts that I signed with my clients. That is what I spend my time doing. Thus, I have participated in a island development group to provide 8.8 kilometers (167 concrete power poles) of high voltage electrical lines at a cost in the several hundreds of thousands of dollars. This line brings 25,000 volts to my clients properties on the Isla Real Las Penas, near Leon. I work with 2 other island developers, as they have the same services to provide in their contracts. It completes in a few weeks and it works. Thus, we have performed on our obligation at Tamarindo Beach in relation to electrcity. We purchased 2 titles, and there are no others. So, we have performed on the title commitment to our clients. We have not sold any titles while we sorted out this issue. However, it is fine to sell some now, and we are willing to do so. The water supply is established. We are contracting out the supply line now to give our clients lot side water. Should complete in 2013. Performing on our obligations despite selling nothing means we finance our infrastructure from other revenue sources. Thus, I work hard and alot. I do not have time to listen to Kevin’s lies. The mob seems well on their way to put him in prison, where he should be. I do not care, but I am willing to assist if anyone asks. I would appreciate my name not being slandered so much.
At isla Mariana there is:
No electricity. Worse myself and partners have built and own every single pole on the island, which is 137. This provate power supply is not for Isla Mariana clients.
Isla Mariana is located elsewhere. Research is required to find where it actually is. As I own a portion to, I am willing to pay some portion of the required research costs.
Water Supply is being developed by the Isla developers community and is going well.
In all these issues, Kevin was given the opportunity to particiapte, at cost. He refused to participate.
Thus, all Kevin Isla Mariana buyers have been defrauded.
However, we are working to table a fair offer to kevin “clients” to remain and have all services complete. Such that they can build immediately. This offer is expected before the end of 2013. I am busy building the infrastrucure right now. I have several cost variables that are being determined as time passes
To be clear,as one moves down the 7 mile coast of Isla Real Las Penas, near Leon Nicaragua from north to south there are several developments. In the north there are several homes in construction in a development by Rafael Estrada of Nicaragua, next south is a development called Prospero Properties from Granada (I believe), next south is Paradise Properties from Seattle, next is the mis located Kevin Isla Mariana, then next south is Tamarindo Beach (our project), then 4 kilometers later is Suenos Beach (our project). The electricity project is owned privately by Prospero, Paradise, Tamarindo and Suenos. Others need buy a connection. This is an agreement to provide a process to recover our substantial $ investment, and to encourage us to spend more on more electricity system expansions. All Nicaraguans can have electricity for free. So, the power poles pass along the public road in front of Kevin’s “clients” land, but they cannot have a connection as their land is located else where. The water system is in construction now, and will be the same result. The fresh drinkable water under pressure will pass along the public road and service Prospero, Paradise, Tamarindo and Suenos. So it will pass by Kevin’s “clients” wrongly located land en route to our Tamarindo project to the south. But, kevin’s “clients” will not have access to this private system. I remind you, kevin has had offers to participate in all these development milestones” the second title purchase, the electrcity and the water supply. He refuses to spend a nickel of the $4,000,000 collected to provide these systems. Reality is, he spent this money to buy Seaside Mariana land. And 14 cars, and suits, and trips to Europe, and plastic surgery, and a house in Florida, and a hotel in Granada, and a beach house in Masachapa, and a Mercedes in Vancouver, and trips all over the USA, and trade shows in France & England, and diamonds, and rolex watches, and alot of nice shoes. Plus, deposits to a Panama bank. Wonder what else? hhmmm
You sound bitter that he did not contribute, or as he has said would not do business with you due to past conflict. I met and purchased from ND years ago and too am not impressed with progress, but I sure some of your customers as well as the other developments have benefited from all the trips, trade shows promoting the country. We all make our choices once we are in the country, but it was one of his trade shows that introduced me to Nicaragua. In regards to spending I do know of all the items you listed, but I am sure if he made sales he made money too! I think i read somewhere in all this back and forth rivalry that you split paths because he was charging you large commissions on sales, would that money not be income that you could do with as you pleased. ????
Please no response is needed because I dont really care for the name calling and the destruction of the reputations, both of all developers and a beautiful country.
Fleming has made it very clear he will not work with a Bramwell. Also noted is Geoff Bramwell’s association with Ted Cole. It seems Geoff is quite bitter about the past and is not content to leave well enough alone. I point people’s attention to the facts about Geoff Bramwell by clicking on the following link:
http://info.grupomariana.com/legal/bid/94386/Facts-About-Geoff-Bramwell-John-Bramwell-Tamarindo-Beach-Ocean-Estates-and-Los-Suenos-Island-Resort-Breach-of-Contract-Deceit-Fraud-Fraudulent-and-Negligent-Misrepresentations-in-Nicaragua
Speaking about Panama banks accounts, we invite Geoff to comment on the information of Panama Offshore Services International, Nicaragua Developments Inc., Suenos Developments S.A., Suenos Fundacion, Nicaragua Foundation and Toucan Foundation not reported in his Affidavit of Assets from his guilty finding in the recent court case in Vancouver, BC against Geoff Bramwell, John Bramwell, Tamarindo Beach Ocean Estates and Los Suenos Island Resort Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua.
Geoff should go back and crawl into the hole with his brother where they’ve hidden for the past three years. He sounds more like a mad man than any business man capable of doing business in Nicaragua.
Cypress
Firstly, no I am not of relation to kevin fleming maria rueda, I just do not understand why all the name calling.
Personally I would not invest another dime i or recommend anyone to buy in that country, too much political instability and corruption. As for tourism it is a great place to visit. A safe place, anything can be bought including freedom, legal system is a joke. I do not speak the language fluently but on my last vacation there I was able to pay the police 100 Cordoba for traffic fine. Corruption is present everywhere and if you pay you can avoid any legal avenue or circumstance. I am sure if you choose the route of corruption(Geoff, i not implying this is your route)you can build anything, power, water, roads, etc. even get permits quickly.
I am sorry but thats the plain truth about most third world destinations. I do not agree or disagree with it, its just the way of life.
Sorry last comment was reply to nicaheat
Hey all,
I just clicked on the link for Milagro Del mar at the top of the page, Its ironic that they are claiming to have weathered the storm, and now have a Wyndham deal. Seriously isnt that what happened to everyone, agree that the last couple of years has been a wash, only difference between them and Seaside is they have found financing to build, then sell. I was also reading back a bit on their Facebook page and they have been holding out the official announcement till now, but have been talking about it since October 2012. I also noticed that Phil Alexander the Seaside Exec VP of Marketing is now working with them as well, I was shocked at the online repeat of a presentation it was exactly the same as Seasides, same info to the letter only the banner at the top has changed. Points to Milagro Del Mar for originaity, it pisses me off to see because we all weathered the storm, but they seemed to get financing to build. I know that was the longterm plan for Seaside according to Kevin. How could they have been working with Wyndham while under contract with Kevin, I though there is usually some sort of protection regarding this.
Just another example of corruption in Nicaragua, Milagro Del Mar I wish you all the best and hope that the Hotel choice brings you value and not disappointment. Good luck with Phil, and his originality for Marketing.
Does anyone know anything about the “Seaside Mariana foundation”. It was supposed to collect 5% of sales at SM and 10% of recent sales at IM. I understand that a famous actress/Bond girl from the Roger Moore, James Bond movies is the spokesperson. Is there any public information or any information relating to this money? If anyone knows anything, can you post it.
As per a previous post on conruption. I’ve found Nicaragua to have a relatively low level of corruption. 100 cords($5) for a speeding ticket is really not that bad. I would rather pay this then American Speeding ticket prices. However, one you buy someone off, it is only a short term solution and you will have to pay and pay forever. From what I understand, it is best to deal with the many good Nicaraguans people, and go about the problem without payoffs. Payoffs are a one way trip to nowhere!
However, with the pressure of getting things done in Nicaragua, there are daily decisions that a developer makes, that lead to success and failures. Bottom line is you have to involved the locals(to a point), you can’t do payoffs(especially politians), and you must keep pushing to get progress. You must do your best to know, inadvance, who your are dealing with. You need to deal with a right size fish to get a project completed. If you deal with a smaller fish, a bigger fish will eat him, and you are then dealing with a medium size fish anyways. It appears to me, that Kevin and his massive ego, went right to the top and dealt with the biggest fish. The top of the food chain. This is a double edge sword. This is a dangerous thing to do, unless you are 100% certain you can give them what you told them you could…..I fear that Kevin has not done this! Nicaraguans are very nice people, but it they figure you are getting rich on them, they will get in your way. If they believe, you are a bad person, they will get in your way.
No one really cares if Kevin did or didn’t contribute to the services on the Isla except perhaps for his buyers who can see power poles close to their lot lines which they can’t connect to. For those of you who have visited Isla Mariana you would realize that the municipal road runs between the water front lots and the estuary lots. The power lines are running down that road but the buyers of Isla Mariana can’t access the power or the water lines that the other developers are putting in. Is Kevin going to run the many kilometres of power poles and lines next to the existing and find property to put wells on to supply water to Isla Mariana. All at great cost. Really it is stupidity. He could have paid his share and obtained power and water for his buyers. Really I wouldn’t want to be one of Kevin’s buyers.
I agree with you, Adah! Other developers (including Bramwell’s) have done the right thing and provided electricity for there investors. Kevin had the chance too and didnt provide electricity for his investors which makes kevin look very bad. It doesnt matter that Kevin doesnt like the Bramwell’s. If Kevin cared about his investors he should have provided the electricity for them no matter how he feels about another developer.
Kevin wants people in Nicaragua to care about his situation (how he been wronged) but he doesnt care about how he wronged his own investors by not providing electricity, and utilities. Why should people care about Kevin if kevin doesnt care about others?
I just checked back on this story. Can’t believe all the postings going back and forth. Sad day in Nicaragua and for tourism in this country.
A healthy dialogue and a search for the truth is the basis of a footing to provide a stable environment for future growth. Many times in 2007 2008 2009 kevin was given the advice, and many years grace from our camp to either a. move the IM buyers to seaside b. Pay the IM buyers back or c. Buy a pro rated share of the second title to cover his clients. He choose to attack. We continued to stay quiet for years and allow Kevin time deal with his clients. Kevin choose to lie to his clients about some mystical lawsuit with the Bramwells, some fantasy victory assuring property rights, and slander in capital letters. Meanwhile we worked on meeting our contracted obligtions. We are happy to welcome the deceived kevin “clients” to continue the dream with services and solid title. Nica is indeed chalenging, but not impossible.
At the risk of sounding ignorant, I presently sit on waikik beach and wonder what happened here in the early 1900′s? Sure is nice now.
Ya, I gotta agree, you guys are freaking me out. Take it private. Thanks.
Devry, I agree with you yet Mr Fleming coninually chooses to fight his battles publicly as I have noted with the follow up article to this one.
Just so everyone is 100% clear, the Geoff Bramwell posted on ripoff report.com in 2008 to warn people about kevin & Maria . It was the only half reasonable way, to get the word out. Kevin was the big fish, taking in huge amounts of money & it was the only lifeline we could throw out to people. And for that, we became his target. Almost no one listened, but we cleared our conscience. Geoff & kevin were partners for a short time, and it was clear that kevin was walking a dangerous path. Well it looks as though people are catching on now! .
He tried to bury me, my family & my investors. He tried to discredit & bury the real land title to isla mariana. He continues to destroy everything that he once loved, and the investors at seaside & Isla Mariana will have to pickup the tab. He arrived in Nicaragua with nothing, and will leave Nicaragua with nothing….less than nothing actually!
Dennis bishop, after searching nicaragua for 9 months, actually found the land which seaside Mariana sits on. Maria kindly took over the negotiations & stole the property. Dennis is going to get a laugh out of this. Dennis brought it to show the Bramwell, who could not view the property that day, so Maria went in our place. Well, 4 days later, the Bramwells & Dennis were out….like I said, this story has the makings of a book!!!
But will he really leave with less than nothing? Everyone says he has a big bank account in panama.
This say’s it all.
Geoff Bramwell, John Bramwell. Tamarindo Beach and Ocean Estates and Los Suenos Island Resort Breach of Contract, Deceit, Fraud, Fraudulent and Negligent Misrepresentations in Nicaragua
http://www.ripoffreport.com/geoff-bramwell-john/criminal-justice-system/vancouver-british-columbia-10e54.htm
I have no doubt truth hurts. It looks like Kevin and Maria were the smart ones to run from the Bramwell brothers. It’sonly fitting that these brother’s have joined forces with Ted Cole.
It’s unbelievable that this man would open his mouth to even speak a word. It’s better he crawls back into the whole he has buried himself for the last three years.
John, you have confirmed that it was your brother that posted articles on ripoff report.com about Kevin & Maria. I wonder what type of liability you will have now?
Nice!
Josh , are u a comedian? Kevin has a civil suit and 2 criminal suits . He is Trying to bat the civil suit away but avoiding being served . No attempt to deal with the issues . On the two criminal charges, he cries cause he must stay n answer the charges in court. Are u seriously saying a 2007 ish posting to warn the public is anything but a public service? Sorry buddy, no liability there! Let’s chat in a fort night, see if there are more charges and how the fraud defenxe opening comments go. Fraud is a bad charge . Do u know that?
I wonder what amount the settlement between Wyndham and Grupo Mariana will be for the wrongful termination of the franchise agreement at Seaside Mariana. When you factor Wyndham’s breached of the contract and signing with Milagro del Mar under a protected territory clause with Grupo Mariana, I would expect Wyndham to settle quickly and quietly for the damages they have caused. It stands to reason that if Wyndham did not leave Seaside Mariana, Milagro del Mar would not be announcing a Wyndham Hotel at Gran Pacifica.
Wyndham terminated primarily because of Kevin’s inability to meet any of the contractual dates he agreed to. He has been in breach of contract with them for a long time. He should have had the condos built by now. He took all the investors money which should have given him plenty of money to build the condos and then some…but oh yeah…Kevin has no money to build them. They simply decided not to wait any longer and did not extend his contracts.
Don’t be naive. Wyndham is a world wide multi billion dollar corporation. Do you not think they protected themselves six ways to Sunday in all the contracts they signed with Kevin. They are even in a position to collect significant non-performance penalties from Kevin (as per his own admission)…but since poor Kevin has no money, the cost of a legal battle with Kevin would be more than the cost of the penalty he should have paid to them.
Oh Lobo, you really are confused. Perhaps you need to read the information at the following link that tells the story. Are you telling us you have a copy of all the agreements to support your accusation or are you guessing as usual with your speculation.
http://info.grupomariana.com/legal/bid/95583/Wyndham-Hotel-Group-Wrongful-Termination-of-Grupo-Mariana-in-Nicaragua
Emily, see below, do you have a copy of all agreements to support your accusation? Again, Emily is right and everyone else is wrong. How dare anyone else play the accusation card except Emily.
Have I touched a nerve Kelvin. It seems you just don’t like to be challenged when you make damaging comments with no supporting evidence.
Emily, those are some heavy duty allegations; “Wrongful termination and breach of contract”. Do you have a copy of the contracts and are you a Nicaraguan lawyer or otherwise competent enough to make that decision?
This is not Wyndham’s first rodeo. How many developers stories do you think they hear every week around the world? I expect the stack of papers called the contract is probably bigger than the stack of bricks at a lot of those projects.
When Wyndham was announced their presence at Seaside Mariana in June 2010, it’s no surprise to me that it takes time to develop a 330 room hotel from scratch.
We can argue about whether the Seaside Mariana plan was right from the beginning but I suspect those that invested in Seaside Mariana sure thought it was right the plan.
The difference between Milagro del Mar and Seaside Mariana is they are dusting off old plans from 2006 and trying to salvage a building that started construction and was stopped after the crash. At Seaside Mariana, instead of attempting to continue with a plan of the past, they started all over based upon the new realities of the market.
I am sure legal action will follow Wyndham because of their decision to leave and sign with Milagro del Mar. This story is not finished by a long shot.
its funny when gringos try to rip one another off down here. court is not the way to settle it…just more money wasted…
I believe the Fleming/Rueda bashing has gone on long enough. I know this couple well and the entire story behind the scenes with Ted Cole and his wife Carmen Elizondo.
Everyone is jumping to a guilty verdict without knowing the truth or at the very minimum reading up on the subject on the public page of Grupo Mariana.
http://info.grupomariana.com/legal
The fact is Fleming has rebutted all the false claims in the civil lawsuit and messages from the Seaside Mariana Investor Union. Cole and his friend Michael Edmonds coward behind the Seaside Mariana Investor Union and continue to send anonymous messages with no solid facts to support their claims to interfere with the progress of Seaside Mariana.
The actions of Cole and Elizondo taking a civil matter to the criminal courts attempting to force a settlement in the lawsuit is wrong. What started out as a private civil lawsuit is not a criminal matter and shouldn’t keep Fleming from returning to his wife and kids in Canada.
Once Fleming is cleared of all the ridiculous accusations, it will be interesting to see if the same people on this forum retract their statements to help repair the damage caused by Cole to not only Fleming/Rueda but all the owners of Grupo Mariana.
Actually Emily…you know only Kevin and Maria’s version of the story. Also, I would encourage you to talk to Maria’s brother. I think he would have a much different story of how wonderful Kevin and Maria are.
I am have a good grasp of both sides.
On one side is Cole who is frustrated with progress and takes his case to court for 2MM instead of Arbitration for 400K. On the part of Seaside Mariana, they started over with a new plan after 2009, which costed more money and time to reach the point in which they are today being able to start construction with a solid plan. Upon the start of construction and momentum building, Seaside Mariana Investor Union along with Geoff Bramwell release information to the public starting their campaign to discredit Fleming and Seaside Mariana. That about right…
I doubt Maria’s brother is going to talk bad about his twin sister.
Not in public he won’t but if you are such a good friend as you say, then I am sure you won’t have a hard time confirming his side of the story in private.
And get your numbers straight Emily. Once again Kevin does as much as he can to confuse everyone. The total investment represented by Ted Cole’s civil lawsuit is significantly more than the $400K you mention. Ted is taking one for the team so to speak, but he represents 4 or more investors with this lawsuit.
Emily, is this why you are so defensive?
http://mailadmin.caribpro.com/Seaside_Mariana_Beachfront_Property/
This appears to be an advertisement for Isla Mariana not Seaside Mariana. Yes, I am defensive because Kevin and Maria are friends, close friends and I am familiar with the entire story and only one side has being told.
Can anyone even imagine the damage this is causing their family if what everyone has been saying is not true and considering all circumstances, just maybe Fleming/Rueda have always acted in the good faith of the owners at their projects.
Right now, it seems like the mob would like to hang them before the trial is even started. Nice!
Well Emily…maybe you should think of the hundreds of people that Kevin screwed out of their investment and or retirement savings. $20 MILLION and not a single tiny thing to show for it.
I’m pleased to answer your questions related to this article. Please send your inquiries to [email protected]. For legal information, please connect with us on our Blog. http://info.grupomariana.com/legal
We are on track to present our case to a court of law and move forward with the development of our projects. Resolving a successful future for all owners is our utmost priority.
I met Kevin at a grupo sales pitch to realtors and investors in seattle in 2008. I quickly found out that he had no real estate development experience. His marketing director was some american kid who just graduated from college and didn’t have the first clue how to market. It was all a great idea, imagined by someone who could never pull it off. Along the way, Kevin has lined his pockets with investors’ money andprobably embezzled millions of dollars. He will get what’s coming to him.
What…you did not believe Kevin’s facebook page that boasted of a “a successful construction career in Canada”? last time I looked, selling paint to small general contractors did not count as a successful construction career.
Smart Investor: Are you part of the Seaside Mariana Investors Union? What is coming to him? I would like to know since you seem to know things that no one else knows. What will happen when its found out that everything you are stating is wrong? Will there be justice?
Yes Maria, there will be justice. Speaking of which, I understand that Kevin has gone into hiding and no one can find him. He has abandoned his house and 2 fancy BMW’s. I wonder why that is. And apparently just days before he is due in court again today to show that he is still in the country. I can’t wait for the trial to start. $2 MILLION is big in anyone’s books.
Lobo: Kevin has never been in hiding. Why don’t you ask Ted Cole, Carmen Elizondo and their lawyer why they did not even show up again ? Wait I can answer that..its another delay tactic. How many times have they delayed? At least three. There is always an excuse that comes up conveniently. All that we see are irregularities for lack of a better word.
I confess that I am busy building infrastructure at Tamarindo Beach and cannot keep up with all this. btw, Tamarindo Beach completed the lot side electricity service hook up for 250 lots last week. Thus, all our clients have only order a meter and have lot construction power. As Emily uses my name again, I must respond. This link to your sales promotion Emily is full of misrepresentations. You should be held accountable yourself for such a collection of falsehoods. Below is a cut from the web link you posted before 2009. I add the reality thereafter. All of which Kevin has known since 2007.
Isla Mariana
Additional Features:
• Freehold Title with Title Insurance provided by Stewart Title Guarantee. False, the insurance has been steadily denied since 2007. I have been applying myself. The reason is the possiblilty that the agrarian title is correct. Which it is. Kevins title is not the agrarian title.
• Installation of water & electrical hookup to the edge of each home site. Geoff is a part of the island development association. Together, we have installed 167 power poles, over 8.8 kilometers and the last leg was energized last week. This is a private system. Kevin will never get electricity from the association. Kevin was offered to join for $38,000 in 2008 and thus give electricity to his Isla Mariana clients through the island association. He hung up the phone repeatedly, then stopped taking calls.
• Private security with gated entrance. Isla Mariana is not located where Kevin claims it is. More research is required to find the location. So, no gate exists, or ever will unless you find the location first.
• Professional Management of Home Owners Association to maintain security, landscaping, roads, etc.by Kemper Sports Management. Totally false
• A water playground for sailing, rowing and water skiing, etc. in the river behind the property. Yes, this is true and a wonderful spot. But this is Tamarindo Beach property
• Potential for owners to moor their boats at the 25-slip recreational marina. Does not exist unless Tamarindo builds it. But the Isla Mariana master plan location is too shallow in the river. it would never work out.
• True exclusivity, privacy and security of being on an island with road access. True
• 11 kilometers of beach front. Isla Mariana is 1.2 kilometer in the plan. Of course, Isla Mariana is located elsewhere anyway. Likely, not on the Ocean at all.
• Development and Environmental Permit Approved. Isla Mariana has an expired permit to plant 1000 trees and install fire suppression equipment. Not much else when I read the much celebrated Marena permit at Isla Mariana. Would you like a copy of the IM Marena permit?
Emily, please give up. You sound ridiculous and have clearly no idea the level of deception.
Maria, where has all the money gone? All the bogus receipts in the world don’t hide how lavishly you have lived off the sweat of others. There is another man who tried this. His name was bernie madhoff. ‘Get what’s coming’ implies exactly what you think: trick and swindle people out of their money and one day you will find someone that will never again rest until your life is ruined or maybe ended. Crooks always pay for their greed at some point.
Smart Investor it seems to me that you are not so smart. We can account for every penny. I would love to know your real identity but I know you won’t release that information for fear of being liable.
Ladies and gentlemen now you know what kind of people we are dealing with. Death threats and all.
smart investor
Please constructive comments to invoke conversation, this is a place to post comments not threats on peoples lives! You may be a smart investor, but not a very smart man/woman by your comments. If I was maria I would contact the FBI to trace your IP/Domain through Tims site and have you arrested.
I didn’t threaten anyone. Merely pointing out the fact that people who cheat others end up getting what’s coming to them. Now they want to keep pointing the finger at others and keep the blame game going to avoid taking responsibility. The homes they live in, the cars they drive, the jewelry, the clothes, thatt was paid for with the. Money from investors. Call the FBI, this isn’t an issue for them, except for the embezzlement of money.
Smart Investors, if you are so sure that this is an embezzlement of money why don’t you provide our readers with your full identity and provide proof of your claim. You keep slandering our company, Kevin and Maria and hide behind a fake identity.
Let me ask this: how much money has your sales team collected from investors? I understand you want to be up front about everything, yes?
Smart Investor please provide me with your full identity and I will write my response.
Also if you think what you are doing is not a threat on my life you will find this site interesting.
http://www.ibls.com/internet_law_news_portal_view.aspx?id=2064&s=latestnews
INTERNET LAW – Threats Sent via E-mail Constitute a Federal Crime
Electronic communications, in particular e-mails, have become a valuable working and social tool in the XXI century. Unfortunately, given its immediate delivery and disguised anonymity, some conflicted souls are increasingly using e-mails to transmit hateful messages. Transmitting threatening messages via e-mail is a federal crime in the United States and carries a penalty of imprisonment of up to five years or a fine, or both.
The Canadian Justice System has a similar law.
And this is how you interpret the law? No wonder you screwed things up so massively that your little paint salesman is charged with fraud. Give me a break. You didn’t blow my money. You did that to your investors. They are the ones that are mad at you. Go ahead and spend more of your investors’ money on another lawsuit (i thought you were broke) – anything to deflect the fact that you blew through at least 15 million and have nothing to show for it to your investors. Stop selling snake oil. The project is doomed. Its over.
Smart Investor: This is the answer that I knew I would get from you. At least the number of Millions that your group is saying we have taken in from sales have decreased considerably.
I wonder who uses this phrase: “Stop selling snake oil.” I’m sure I have seen a few emails with this phrase.
Not part of any group. Give the 600k you put into your non profit back to investors while you’re at it. Or did that all go up in smoke to pay your salary too?
Smart Investor (David): I assume you are getting your information from Ted Cole and Michael Edmonds since this is what they alleging. You are not a smart investor if you are placing all of your trust in these individuals without any real proof. You are speculating.
Maria: prove all these posters wrong! Post the proof. The only proof provided so far is yours, Kevin and “Emily’s” rhetoric. There have been no hard facts posted for the readers; only your whining about the identities of each and every every poster on this board. If you have nothing to worry about and these are all false accusations then prove to us that the accusations are false. If there are only a few posters here who are trying to ruin your company, shut them up by providing proof that you are an upstanding development company. As a starting point, show us how the money for your foundation is being used – did you help an orphanage, did you build a school, a well, provide shoes for the poor? how was it used?
Smart Investor: When are you going to reveal your true identity? You have no problem posting all of these false claims but you hide behind a fake identity.
Maria, why is it that you just want to go on and on about who everyone is? Who cares? What should matter is if these people are telling the truth or not. If theyre not telling the truth then set the record straight. Just whining about there identity is not helping your case.
Cypress: What are you basing your truth on? You keep slandering our company with no proof. Its obvious you will never reveal your identity because people will know your agenda. Are you Ted, Carmen, Taylor, a Bramwell?
You claim slander from everyone all the time but you dont explain why its slander. Its only slander if its not true. What have I said about your company that is not true? Please be specific.
Cypress (Taylor): We have receipts of everything the company has spent and bank statements to back it up. You, Ted, Michael, Bramwell’s and the Seaside Mariana Investors Union along with other individuals have done a great job in slandering our company and making it seem we have embezzled money. How you think you can get away with what you are doing? We have proof, we are innocent no matter what you try to do in Nicaragua. No matter who your contacts are we have hard evidence.
You don’t even have water, electric, basic infrastructure or money for land taxes after pulling in more than 15 million bucks. What is false about that?
Smart Investor: The money collected has been spent on acquiring the land, development plans, Nicklaus, Kemper, Wyndham, Marketing, HPR, ESA, Land Design, Operations among many others. Receipts prove use of funds.
I think it is so interesting to watch THE FLEMING SHOW! These marketing geniuses make their problems as public as possible. I can’t see a better way to destroy themselves. All their plans, both marketing & engineering, are based on a Nicklaus course & Wyndham Hotel being included in the development. Hence, the Grupo Mariana prized Marena plans, Development approvals, Government approval, Municipal approvals, Golf plans, Hotel plans, Condo plans, Master plans, Lotifcation design and engineering(roads, water, electricity, sewage, cable, internet) investments are officially 10% of the value that they had 6 months ago.
Kevin was King of Nicaragua in October and now he is “being held against his will in Nicaragua. He went from driving the bus to being underneath the bus. He went from proud BMW owner, to trying to hide his BMW. Grupo Mariana has gone from Champion to Thief. Maria has gone from successful CEO to single house wife. Grupo Mariana Foundation has gone from 5% of sales community program to a fraud marketer. Seaside lot owners have gone from happy retirees to ponzi scheme victims. Isla Mariana investors have gone from landowners, to foreigner clueless of who owns what. The Fleming/Rueda name has gone from Hero, to Zero.
THE FLEMING SHOW has led to a lot of people not wanting to talk about their investment with their spouse and to investors who wished they never looked at Nicaragua.
As the legal door shuts on Mr. Fleming in Nicaragua, he is going to have to make a huge decision…stay and fight in Nicaragua, or flee over the border. This is a deeply personal family decision. As the noose gets tighter on Kevin, their decision becomes real. Kevin may have to decide, risk jail in Nicaragua or International fugitive. Nicaraguan legal system Versus the Canadian legal system….but if he runs, Seaside is over!
In the meantime, he will do his best to deal with his “believers” with whatever arrangements possible. However, I have a hard time seeing any further investors believing in the Seaside Mariana dream and bank rolling Kevins comeback. These investors know that they are in a bad situation…either hope for the best and stay on board OR jump ship. Stay on board and trust Kevin. Jump ship and join the “attackers”. The next short period of time will be paramount to clarify the best route. If the Plaintiffs’ continues to win, then the “stay on board” crew will loose virtually everything. If the Defendants, make a legal comeback, then Kevin will be allowed to leave Nicaragua and continue selling lots & parcels of Seaside. I’m not sure how much further the “stay on board” crew get from the deal, other than continuing to the dream….especially considering that there are apparently more Plaintiffs’ in the hallways.
Likely, he will promise future income (ya right), more land/lots (possible promised to another, only Kevin really knows), bigger or better pieces of land (of which can not be registered and will again have to trust Kevin), promises of repayment based on selling all or part of the Seaside land (again, you have to wait & trust Kevin/Maria to repay you). Meanwhile, as the “believer” investors wait on their repayment promise, the net over Kevin gets tighter and more constricting. I’m sure the Seaside Mariana land is very beautiful and full of potential, but that is the story of everything in Nicaragua. Nicaragua is the land of opportunity and potential. Potential doesn’t pay the bills. It takes an incredible force to make it happen, and it just looks to me, like that ship has sailed.
THE FLEMING STORY is an episode of “American Greed” on a sat night!
Geoff/John/Georgia/Nicaheat/Ron/Lobo, its obvious who you are, and very immature of you. Also you forgot the plug about your little property Tamarindo having power after 6 years blah blah blah!, and all your lot owners need to do is order a meter. I am assuming that they can start construction too, or will that take another 6 years for you to get the right story straight.
This is the most amusing post I’ve read to date.
Good luck to you, I hope you are more of a professional then you, and your Canadian/Nicaraguan businesses present themselves. After all aren’t you are just another painter in a sea of many. What separates you from the rest?
Great post! So true!
I mean, of course, that Nicaheat’s post is excellent, not John’s. Nicaheat gives by far the best commentary on all of this!
Nicaheat:(Bramwell): You keep posting with out any proof.
John, thank you again for giving us more evidence by sending your emails from your Canadian Business email account. http://www.brammybros.com/
From: John Brammy
Date: March 1, 2013, 7:23:04 PM CST
To: Kevin Fleming
Looks like we are going thru it again. But I will reduce my comments, but you talking shit about my title is not permitted.
Sorry dude.
You are not a bad guy at heart. Karl f***** us for $500k, and Ted et al, is gonna do a lot worse to you. Thanks again for inviting us to invest in Nicaragua!
Sent from my iPhone
Interesting stuff. I want to buy a villa or condo in Nicaragua.
Can you please send me pictures of completed development work at Isla Mariana? And a copy of title ownership documents.
Thank you.
BB
What you don’t like the pictures from the internet? I think those stock pictures of Costa Rica, etc look amazing!….stop being so difficult!
Maria. You are wanting others to provide proof of their accusations. … why don’t YOU provide proof of your own and post complete financials on the internet for all to see and verify specific line items? Stop the lies, please. You are doing a disservice to all legitimate business activity in the region and casting a dark cloud over nicaragua to foreigners who want to visit the country.