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DISTRICT COURT, JEFFERSON COUNTY, COLORADO

Court address: 100 Jefferson County Parkway, Golden, CO


80401, 303-271-6145
Plaintiff: LANCE R. CASSINO
v.
Defendants: MARCUS JORDAN et al.
COURT USE ONLY
Case Number: 2016CV30409
Div: 3
PLAINTIFF STATEMENT FOR STATUS CONFERENCE
June 29, 2016 1pm

Attorney for Plaintiff: Jordan Porter

This case started 4/7/2006 when Cassinos neighbors, Marcus and Leigh Ann Jordan, bought a new home built
in 2006 by Cedar View Homes, Inc... At the closing the Jordans did not buy a title insurance policy for
themselves covering the home that they were buying, or we all would not be at this status conference.
The encroachment of Jordans home on Cassinos land was not discovered until about October 31, 2012 from a
survey of Cassinos property by Bob Feroldi of Evergreen Surveying, Inc., Evergreen, CO 80439 (planned
witness). The Jordans were notified shortly thereafter and met with Feroldi and Cassino in Feroldis office
March 22, 2013 to review all the supporting details of Feroldis survey. After that the Jordans had discussions
and meetings with Feroldi at the Jordans property to verify his finding as to both the placement of their home
and well actually being on adjoining neighbors property. The Jordans do not dispute Feroldis finding. The
Jordans believed they could force Cassino to swap land which Cassino made clear he will not do.
A meeting was held February 19, 2015 with 3 managers of Jefferson County Planning & Zoning, Bev Evans,
Charlie Barthel and Mike Greer (planned witnesses). In attendance was Cassino, the Jordans, Dania Guth
(possibly the R.E. agent that sold home to Jordans) and the Mankins neighbors of Jordans whose well and
driveway may also be on the Mankins property. Jefferson County Planning & Zoning agreed with Feroldis
finding that the Jordans home is on Cassinos property by 10-15 feet that also requires an additional 30
setback.
There are 3 resolutions: move the home back 45-50 feet, buy the land encroached upon or go to trial and let a
jury or judge decide with substantial financial damages now sought.
From March 2015 to March 10, 2016 Cassino communicated with Jordans (and the other defendants from
February to March 10, 2016) via www.CassinovJordans.weebly.com to try and get defendants to settle this
almost 4 year dispute and standoff without having to file a lawsuit sometime in March 2016 (by possibly
pooling defendants insurance policies or equivalents to resolve and settle out of court).
It is Cassinos belief and understanding that the 6 defendants all have some accountability, responsibility and
legal liability issues. And, may have insurance policies that could provide coverage for them and Cassino.
These insurance policies need to be identified in discovery and may apply chronologically as follows:
1. Cedar View Homes, Inc. builder Larry Jepsen not verifying property lines/builders risk insurance policy
claim.
2. Dania Guth real estate agent not recommending a title insurance policy/E&O insurance policy claim.

PLAINTIFF STATEMENT FOR

Page 1

STATUS CONFERENCE June 29, 2016 1pm

3. Marc and Leigh Ann Jordan - not buying a title insurance policy/homeowners insurance policy. Possibly not
telling Nova Home Loans of the encroachment and easement problems creating a non-conforming loan (which
to some could be considered fraudulent). Possibly buying this time at their ? refinance closing February 2, 2013
- a title insurance policy for themselves besides Nova Home Loans? to be determined by stipulation and/or
discovery.
4. Nova Financial & Investment Corp (Nova Home Loans) did a new evidently refinance loan February 2,
2013 about 3 months after learning of their home encroaching on Cassinos property. Need Jordan's title
insurance policy and Nova's - to be determined by stipulation and/or discovery. Plus did Jordans disclose to
Nova the encroachment and easement problem if not is that fraud or concealment? Because Nova then sold
about a month later the loan/note/deed to Wells Fargo maybe without disclosing to Wells Fargo - the
encroachment and easement problem and now possible fraud problem with a non-conforming loan?
5. Cassino needs to amend complaint for 2nd time to add defendant Wells Fargo because of buying possible
fraudulent - at least a non-conforming loan from Nova and then transferring without disclosing to Federal
Home Loan Mortgage Corporation (Freddie Mac) it as a possible fraudulent - at least a non-conforming loan.
6. Cassino needs to amend complaint for 2nd time to add defendant Federal Home Loan Mortgage Corporation
(Freddie Mac) who may require Wells Fargo taking back to force Nova to buy back because of the
fraud/problem they started by doing Jordans refinance.
With the help of the court and defendants attorneys, once the possible insurance policies involved are identified
in the discovery phase of this case, then the sooner we are to settling this case out of court with minimum
damages to avoid trial and waste no more time of the court. For a case that should have been settled out of court
to begin with.
We are closer, because the owner of Cedar View Homes, Inc., Larry Jepsen, informally offered Cassino on
4/26/2016 to buy the entire 5.1 acres for $89,000 and he would handle all minor adjustments, legal descriptions,
and agreements needed with Jefferson County Planning & Zoning to resolve this problem. It was not enough, so
now the goal for Cassino is to get Nova/Wells Fargo/Freddie Mac, the Jordans, Dania Guth and all
applicable insurance policies to chip in to make up the difference with Cedar View Homes, Inc. offer.
For the record, part of the additional damages that will be quantified and sought if this case cannot be settled out
of court and has to go to trial, is the fact that Cassino has been trying to sell the parcel for the last 4-5 years with
Craig Marks his broker at Keller Williams in the Conifer office.

__________________________________________________________
Lance Cassino
Date

PLAINTIFF STATEMENT FOR

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STATUS CONFERENCE June 29, 2016 1pm