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Information about David Michael Peters - Peters & Freedman
David Michael Peters - Peters & Freedman
191 Calle Magdalena #220
Encinitas, California 92024
Phone: (619)436-3441     Fax:
Trademember: CAI
Rank: No ranking.
Summary: Homeowner association collection and foreclosure lawyer David Peters is President and Head of the the lawfirm • Peters & Freedmam
Prosecuted by San Diego District attorney - Evan Miller- attorney on case
Palacio del Mar homeowner reported perjury and illegal activities the California Bar Association
See judiciary report by New York Judge on foreclosure and sale of George Harder's home to colleague Carlos Sosa, another lawyer, without following the laws. Melissa Colburn RICCO case alleged five similar fraudulent foreclosures by David Peters and sale to Carlos Sosa
Other Information: He was hired by now bankrupt Marquis Management Company to do collections for Loma Vista Homeowners Association and Palacio del Mar Homeowners Association in 1993.

Lawsuits & Complaints:

• Melissa Colburn (Walt Taylor - atty) - filed a RICCO lawsuit and won a settlement from David Peters and Peters & Freedman for the fraudulent foreclosure of San Diego her home.

• David Peters misrepresented the purpose of a change in the CC&Rs of Palacio del Mar HOA and took away their cumulative voting rights. He ran the elections to keep in power the clique who hired him. He told angry homeowers who discovered there were landslide problems in homes which they had recently purchased, that the association did not have to disclose to them that there were lawsuits over these landslides in Palacio del Mar. Judge Kenneth Ziebarth , a board member was at this meeting homeowners assurring homeowners that what Peters did on the CCRs changes were "legal" Ziebarth was working with Peters to get the CCRs changed so Palacio could fine and foreclose on the owners?

• Melvin Thomas - attorney requested financial information on a probate lot on sale in a rural association where the association had minimal duties. He said that Peters & Freedman wrote a letter demanding he not contact board members. Thomas cancelled escrow saying he would not want to get involved in an association which uses lawyers like Peters & Freedman to threaten and intimidate owners and buyers.

• Click here for more


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14. Fighting with David Peters & Merit Property Management to keep me off board during this election.  
  Persecuted board member fighting Merit Property Management and David Peters. Tried to bring in new managment company to save association thousands,

Merit didnt like this, currently fighting with David Peters & Merit Property Management to keep me off board during this election. They are fighting very dirty. Need help! Everything is stacked in board majority's and Merits favor.

Update - well they won! Big surprise! As an aside, I am a Realtor here in Temecula and a 19 year resident, and single!
Posted Mar 15 2006 8:26PM CET
 
  Username withheld
, California
 
13. RICCO lawsuit by Melissa Colburn against foreclosure lawyers Peters & Freedman.  
  • RICCO lawsuit by Melissa Colburn against foreclosure lawyers Peters & Freedman.

Judge Vargas of the San Di8ego Superior Court allowed the RICCO Case Number GIS11535 against Peters & Freedman to go to trial saying:

"Here the first amended complaint contains allegations that Defendtants engaged in multiple unlawful and fraudulent acts for their financial gain in connection with foreclosure sales of real property, that such acts could arguably give rise to disclipinary action by virtue of Defendants status as California attorneys, and that they used the U.S. Mails in doing so (in providing notices etc.) . The court finds these allegations to be sufficiently specific to sustain a claim of RICO violation at this stage of the proceedings."

Cases spanning a decade showed Peters & Freedman were not providing notice to homeowners nor following the statutes when liening and foreclosing on homes
Posted Jun 12 2005 10:26PM CEST
 
  Username withheld
, California
 
12. California State Bar Association - it's the fox watching the coop.  
  What if anything, has the California State Bar done with the complaints against this..................whatvever.

We filed several complaints against lawyers and they never got anywhere either so it wouldn't surprise me if they just stack 'em up and forget about 'em. After all, it's the fox watching the coop.
Posted Dec 8 2004 4:29PM CET
 
  Username withheld
, ot
 
11. Any updates on what the San Diego DA's office has done with the complaints on Peters & Freedman foreclosures?  
  David M. Peters owns the following at his office building:

191 Calle Magdalena 118, Encinitas, CA
191 Calle Magdalena 117, Encinitas, CA 92024
191 Calle Magdalena 116, Encinitas, CA 92024
191 Calle Magdalena220, Encinitas, CA 92024

He also lives in a house worth over $5.2 million in Rancho Santa Fe.

He is doing time for connecting his sever line and polluting the ground water in San Diego. The bankruptcy judge in attorney George Harder's case said he was referring a complaint to the Bar.

Several homeowners took their cases including the Melissa Colburn racketeering case to both the California State Bar and the California District Attorney. The DA' s office has been telling the media the case the complaints are "still under investigation".

Does anyone have any updates?

Posted Dec 7 2004 11:58PM CET
 
  Username withheld
, California
 
10. Grapevine chatter on David Peters  
  A homeowner reported that a management firm told her they removed Peters & Freedman as lawyers on their homeowner association accounts.

Posted May 30 2004 11:46PM CEST
 
  Username withheld
, California
 
9. David Peters  
  David Peters is a disgrace to the legal community and should be disbarred.
Posted Jan 2 2004 7:15AM CET
 
  Username withheld
, California
 
8. David Peters problems  
  I checked your web site to see if there was any further "news" about the legal troubles of the law firm of Peters & Freedman, but didn't find anything with a quick look.

I have a copy of a news report dated June 20, 2003 posted on your web site, but I would like to get some updated information.

I am a Real Estate Broker in Palm Desert and have had many wrangles with David Peters over the last 10 years. My experience is that he will write an opinion to justify anything a Board wants to do, regardless of whether it is legal, ethical, or moral. I'm happy to see his questionable activities are finally catching up with him.

He still represents at least two HOA's where I own property, and many others where I sell real estate, and I'd like to see him gone. Are there any actions underway to have his law license revoked or suspended?

I appreciate any updated info you can provide.

Thank you.



Posted Oct 21 2003 9:57PM CEST
 
  Username withheld
San Juan Capistrano, California
 
7. David Peters advised the board it was O.K. not to disclose lawsuit  
  Peters charged Palacio del Mar HOA $25,000 to "represent the BOD interests when the insurance company wanted to settle and spend $350,000 to repair and avert further water damage from Palacio to Presidential Heights, an adjacent condo association. He held up the settlement and repairs for years and helped the board conceal the lawsuit from members and new buyers.

Angry homeowners confronted the board at an annual after finding out there were slope failure problems ,a lawsuit by Presidential Heights and a watering injunction against them they were not made aware of. David Peters the members "the board did not have to reveal any lawsuits" to them.

Kenneth Ziebarth, a rental judge and a board clique member spoke up for the board and Peters when members questioned about Peters illegal changing of the CCRs to take away their culmulative voting rights. (They did not know he had done this three years. Peters he did not use enforce the change until the board members he wanted on the board needed it enfoced to keep challangers off the board.)

The board later appointed Ziebarth to the board. He headed secret meetings to change CCRs to be able to fine and foreclose, and used $200,000 of Palacio's reserves to finance Peter's discriminatory lawsuit against a challenger who reported that tens of thousands were missing from the members trust accounts, that board member John Meyers was paying himself for legal work etc.

For decades the dues at Palacio del Mar have been to finance the board and vendors who service the board's political and financial needs..
Posted Sep 21 2003 7:38AM CEST
 
  Username withheld
San Juan Capistrano, California
 
6. The Ties That Bind & Protect  
  David M. Peters is currently a partner with the Law Firm of Peters & Freedman, L.L.P. He earned his Juris Doctorate from Hastings School of Law, a Masters Degree in Business Administration from the University of California - Riverside, and a Bachelor of Arts Degree from Pepperdine University.

As a specialist representing homeowners associations, Mr. Peters is a member of the Building Industry Association of San Diego, Co-Chairman of the DRE Subdivision Advisory Committee, DRE Homeowners Association Task Force and the DRE Subdivision Advisory Resource Group.

He is a founding member of the California Association of Community Managers ("CACM") and has served as a Director, Officer and Committee Chairman for the Community Associations Institute ("CAI").

*******
MENTOR PROGRAM - SAN DIEGO
BOARD OF DIRECTORS

Corporate

Nora Jaeschke President
Ellen Tiffany Secretary/Treasurer
David M. Peters Attorney
John Quimby (State Farm Insurance) Director
Sher Bowman (Cadence Financial Group) Director
Shirley Kraft (Applied Micro Circuits Corporation) Director
Sue Rye Executive Director
Ann Armstrong-Ash Honorary Lifetime Member
Sgt. Kevin Ammon Honorary Lifetime Member
Mary Beth Swikard Honorary Lifetime Member

"Children have never been very good at listening to their elders, but they have never failed to imitate them."
James Baldwin (1924-1987)


Posted Aug 7 2003 1:04AM CEST
 
  Username withheld
San Pedro, California
 
5. Heavy handed, fiduciary-duty breaching lawyers  
  Heavy handed, fiduciary-duty breaching lawyers are not simply found at Peters and Freedman.

Any owner whose HOA is "ruled" by Duke, Gerstel and Shearer or Guralnick and Gilliland (both CAI members) are in danger of identical conduct.

What goes on behind closed doors in "executive sessions" will scare the hell out of any one.

These foreclosure artists and "bill collectors" have no interest in their clients (HOA's) but simply in lining their pockets.

Don't believe it...? Go to the County Assessor's Office and look up the ownership records of any homes foreclosed upon in your own HOA to see who owns the property after the foreclosure party is over.

Lawyers who misuse their licenses and their positions in homeowner associations to steal homes must be stopped.
Posted Jul 27 2003 4:25PM CEST
 
  Username withheld
, California
 
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