Kent Hovind's Property Claims!

[Paths of the Sea]

Anybody got any information to indicate what might really be going on with Hovind's property interests?

http://www.2peter3.com/Blogs/July2013Update.pdf

From: Kent Hovind
Subject: July 2013 Update

(excerpts)

#5.

All was quiet about seizing the ministry property for several years
then the new US Atty went to the county courthouse and changed the deeds from "owned by CSE ministry" to "US gov" so they could sell them!

Recently they told my wife and 2 of my married children that they had to "buy" the property from the gov or move out by June 30, 2013.

On June 28 I filed a "lis pendens" which means no action can be taken on the property until the lawsuits are settled.

This seems to have stopped them cold for now.

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[Paths of the Sea]

In that July 2013 update regarding his legal issues Kent, I believe, flat out lied about his Tax Court case.

That heightened my curiosity about what is going on with the property issue, but I couldn't find out any other details.

Sincerely,
Maury Enthusiast!

[JamesVincent]

On June 28 I filed a "lis pendens" which means no action can be taken on the property until the lawsuits are settled.

This seems to have stopped them cold for now.

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Correct me if I'm wrong but I don't think that is what a lis pendens action does. IIRC all it does is put a notice out there that there is a pending action against property. A bankruptcy might stop them cold.

[notorial dissent]

I can't remember where I read it now, but I thought the gov't had their judgments enforced and had foreclosed on and seized all Hovind's property.

Hovind has been lining in fantasyland far too long to really trust anything he says, in my opinion.

[ArthurWankspittle]

I can't remember where I read it now, but I thought the gov't had their judgments enforced and had foreclosed on and seized all Hovind's property.

Hovind has been lining in fantasyland far too long to really trust anything he says, in my opinion.

This ^. I think Kent is "locking the stable door after the horse has bolted". I suspect the government already own his property and the filings are just the formalities and to evict his family. The "lis pendens" means nothing as the property isn't currently subject to any court hearings, they've already happened.

[notorial dissent]

I think Kent is "locking the stable door after the horse has bolted"

I agree, I think that horse has not only bolted, but is a long time gone now.

[Paths of the Sea]

I would like to get good up to date information on what is going on with the property.

As I recall, the Government did seize something or 'nother and I remember seeing where one property was sold for, I think it was, $100,000.00.

I have always wondered what was up with the remaining properties.

Maybe something did cause the other property sales to be held up and now there is something astir.

Despite the flair for misrepresenting things, Hovind may have truly indicated something is going on.

Maybe someone will be able to check on that an post something on it to bring us up to date.

Sincerely,
Maury Enthusiast!

[JamesVincent]

Path, it actually said on Hovind's Wiki that in 2007 the government filed to seize his properties and seized it in 2009. Using that and a little google brought me to this. The only property he was allowed to keep looks like his actual home, 9 properties and various bank accounts were seized to discharge his debt. A website named 2peter3 dot com seems to have all the filings online, including appeals.

[Paths of the Sea]

James,

I have some familiarity with all of that.

Of the 9 properties mentioned, I remember only one as having been auctioned off.

What's up with that?

As to the one house mentioned, I recall reading something about Eric's successful effort to claim that was a bonafide gift from Kent.

Is that claim holding, or what?

Like I said, Kent's latest report may not be that reliable but it may be enough to indicate something is astir and it may involve moving Eric, his wife, Kent's wife, the grandkids out of the property; in addition to possibly something going on with the other unsold properties seized by the Government.

I don't have the wherewithal to track down the details and it appears that the Pensacola media simply are not willing to cover the developing story.

Meanwhile, Kent has appealed his Tax Court decision and is asking the Court to treat him as a pauper. We'll see how that works out for the man who has a "legal team", fund-raising efforts, and recently announced he's looking to get a diesel motor home to do some traveling when he is released in a couple of years...or sooner.

Sincerely,
Maury Enthusiast!

[Paths of the Sea]

Government's Motion:

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

Case No.3:06CR00083-1–MCR

UNITED STATES OF AMERICA,
Plaintiff

v.

KENT E. HOVIND
Defendants.

(excerpts)

MOTION FOR ORDER TO SHOW CAUSE AND FOR DISCHARGE OF LIS PENDENS

COMES NOW,

the United States of America, by and through the undersigned Assistant
United States Attorney and alleges the following:

1.

On November 2, 2006, Kent E. Hovind was prosecuted and found guilty of numerous
charges.

2.

Hovind was sentenced to serve one hundred twenty (120) months in the Bureau of
Prisons and a money judgment in the amount of $430,400.00
was entered against him. (Docs. 150 & 154).

3.

Several pieces of real property were forfeited as substitute assets in partial
satisfaction of the money judgment. (Doc. 212).
Included among them were:

A.

21 Cummings Road
Pensacola, Florida

B.

29 Cummings Road
Pensacola, Florida

C.

100 Cummings Road
Pensacola, Florida

D.

400 Cummings Road
Pensacola, Florida 32503

4.

On March 26, 2012, the United States of America filed a Complaint seeking a
permanent injunction prohibiting the defendants,

CREATION SCIENCE EVANGELISM,
CREATION SCIENCE EVANGELISM FOUNDATION,
21 CUMMINGS ROAD TRUST,
400 BLOCK CUMMINGS SUBDIVISION TRUST,
5720 N. PALAFOX TRUST,
5800 N. PALAFOX TRUST,
29 CUMMINGS ROAD TRUST or

any agent or representative acting on the defendants' behalf from filing any
liens, notices, financing statements, or claims
against forfeited property.

The Court ruled in the Government's favor.

5.

Recently Hovind filed a Bivens type lawsuit in the District
of South Carolina.

As part of the lawsuit, Hovind has now filed four (4) new Lis Pendens on each of
the above listed properties.

6.

The Government has been attempting to sell these properties but has been
notified that the above properties are not marketable because of the Lis
Pendens.

7.

The time for challenging the validity of the forfeiture as long since passed.

Wherefore, the United States respectfully requests that this Court enter an
order that requires Kent Hovind to show cause why he should not be held in
contempt of court and an order discharging the four (4)
Lis Pendens that Kent Hovind has filed.

Certificate of Service

I HEREBY CERTIFY on August 22, 2013, a copy of the foregoing was
filed electronically with the Clerk of the Court using the CM/ECF filing system
and a copy of the foregoing was mailed to

Kent E. Hovind
(BOP #06452-017)
FCI Berlin
Federal Correctional Institution
P.O. Box 9000
Berlin, New Hampshire 03570.

Respectfully submitted,
PAMELA C. MARSH
United States Attorney
/s/ Robert D. Stinson
ROBERT D. STINSON
Assistant United States Attorney

[Paths of the Sea]

Kent Hovind's Opposition to Government Motion:

United States District Court
Northern District of Florida
Pensacola Division

Case No. 3:06-CR-00083-1-MCR

United States of America
Plaintiff

v.

Kent E. Hovind
Defendant

Defendant's Opposition to Government's Motion For Order To Show Cause And For
Discharge Of Lis Pendens

Comes now Kent E. Hovind, and files this Motion, for the following reasons:

1.

The defendant was not a defendant included in the Order referenced in the order
entered by this court on 6/27/2012, which permanently enjoined said named
defendants from interfering with the rights of the United States of America in
and to the property at issue in any manner including the filing or attempting to
file liens, claims, or other encumbrances in any manner whatsoever without an
order from this court., in Case 3:12-CV-136/MCR/EMT.

2.

The defendant was never served a copy of said 6/27/2012 order, nor the motion
underlying it, thus the defendant never was provided actual or constructive
notice of said motion or order concerning the permanent injunction.

3.

Based on the foregoing, the above referenced motion has no application to the
defendant, and is moot. Therefore, the United States has no legal standing upon
which to request that the defendant be held in contempt, or that said Lis
Pendens be discharged.

Wherefore, based on the above the defendant prays that the court will dismiss
the government motion, and grant the defendant any further relief the court
deems appropriate.

Respectfully,

Signed: Kent Hovind
August 26, 2013
Kent E. Hovind
#06452-017

[notorial dissent]

I thought I had remembered that Hovind had lost title to all, or most of those properties as a forfeiture, nice to know the memory isn't completely going. So now he is trying to reinvent the wheel yet again. In any case, weren't the trusts et al basically declared or considered to be Hovind's alter egos for ownership sake, and for purposes of the tax suit, making his claims pointless? I guess I missed the whole Bivens thing, thought he was just challenging the conviction again.

[Paths of the Sea]

In any case, weren't..., making his claims pointless?

I think the "point" of Kent's continuing antics is related to matters other than the merits of his actions.

I think one of the typical techniques used by such as Kent (i.e., the sovruns) is to keep the system busy shuffling papers...and Kent has gotten very good at creating paper to be shuffled; with the help of his crack legal team leader Paul John Hansen.

I suppose in the long run Kent loses, but if it is the case that his family got that letter about needing to be out of the house(s) by a couple of months ago, then Kent's antics have given them a little more time.

Meanwhile, it's now been over 90 days since his U.S. Tax Court DECISION and so he may now be getting his collection notices for $7.5 million +.

Also, I still have yet to see or hear anything about the well-being and personal views of Jo Hovind. They do seem to have kept her secluded and shut up even while she is burdened by a tax bill of over $3 million; thanks to Kent.

Sincerely,
Maury Enthusiast!

[notorial dissent]

I think the OSC at this point is pretty much a formality as Hovind has already lost, and admittedly, this is delaying the inevitable, but that is all it is. If his lawyer had anything to do with this I would suspect he would be liable for sanctions.

[Paths of the Sea]

If his lawyer had anything to do with this I would suspect he would be liable for sanctions.

From what I have observed, the head of his legal team is Paul John Hansen, a man of considerable notoriety out and about in his local community.

He's not, however, a lawyer.

In the forfeiture action noted above, Hansen tried to get involved and the Court told him to shut up since he was not a lawyer and had not standing to participate in the case.

Here's Hansen's website:

http://www.pauljjhansen.com/

Sincerely,
Maury Enthusiast!

[LPC]

4.

On March 26, 2012, the United States of America filed a Complaint seeking a
permanent injunction prohibiting the defendants,

CREATION SCIENCE EVANGELISM,
CREATION SCIENCE EVANGELISM FOUNDATION,
21 CUMMINGS ROAD TRUST,
400 BLOCK CUMMINGS SUBDIVISION TRUST,
5720 N. PALAFOX TRUST,
5800 N. PALAFOX TRUST,
29 CUMMINGS ROAD TRUST or

any agent or representative acting on the defendants' behalf from filing any
liens, notices, financing statements, or claims
against forfeited property.

1.

The defendant was not a defendant included in the Order referenced in the order
entered by this court on 6/27/2012, which permanently enjoined said named
defendants from interfering with the rights of the United States of America in
and to the property at issue in any manner including the filing or attempting to
file liens, claims, or other encumbrances in any manner whatsoever without an
order from this court., in Case 3:12-CV-136/MCR/EMT.

I hate to say this, but Hovind might have a point.

If he wasn't named as defendant in the injunction action, and the new Bivens action is in his name alone and not as "agent" for the named defendants, then I'm not sure that he can be held in contempt.

The US might be claiming that Hovind is acting as the agent for the trusts, but that doesn't make sense if the previous orders forfeiting the properties held that the trusts were agents, shams, or straw parties for Hovind. Can a real party in interest act as the agent for a straw party?

And why did the US get injunctions against the trusts but not Hovind?

The Bivens action doesn't make any sense unless Hovind was the real party in interest in the real estate and the trusts were just shams or nominees, and Hovind might have claimed before that the trusts were real, but I don't think that prevents him from now agreeing that they were straw parties and that the properties that were forfeited were really his, and that he therefore can have an action against US agents for depriving him of his property without due process of law. (The Bivens action is undoubtedly foreclosed by the prior legal proceedings and the existence of a statutory remedy, but that goes to the merits and the US probably wants the lis pendens to disappear right away, and to punish Hovind for even filing it.)

Now, Hovind might still be in contempt of the forfeiture order, but then why did the US cite the injunction in its complaint?

I think that US screwed up on its paperwork here. They might get away with it, but it's possible that a stickler judge is going to make them jump through some hoops to clean this up.

[notorial dissent]

I don't remember having seen the actual forfeiture order, and I'm just wondering if there isn't more in it than they are repeating here? There had to have been more happened than we're seeing.

[Paths of the Sea]

Now, Hovind might still be in contempt of the forfeiture order,
but then why did the US cite the injunction in its complaint?

I am figuring that, in any case, Hovind's Lis Pendens will be found to have no merit and be discharged.

It does seem to me that the forfeiture order would have been sufficient to keep Hovind from filing any claims against the properties at this late date.

I also note that the injunction cited also carries this language:

- Defendants are also enjoined from filing
- or attempting to file,
-
- directly or through the services of others,
-
- new notices of lien, indebtedness, claims
- purported to be liens, of whatever nature,
- with the Clerk of Court in and for Escambia
- County, Florida, on any property forfeited
- to the United States.

That "directly or through the services of others" may be interpreted broad enough to catch Hovind if the forfeiture itself was, for some reason, insufficient to keep Hovind from successfully filing the claims at this late date.

In the past, the Court has acted quickly regarding such efforts by Hovind.

I suspect such will be the case here.

Sincerely,
Maury Enthusiast.

[Paths of the Sea]

Hovind Lis Pendens Claims Ruled Null & Void Ab Initio!

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

Case No.: 3-06cr83/MCR

UNITED STATES OF AMERICA,
Plaintiff,

v.

KENT E. HOVIND,
Defendant.

ORDER ON MOTION FOR DISCHARGE OF LIENS

(excerpts)

This Order addresses the motion for an order for discharge of the lis pendens filed in Escambia County, Florida.

Having fully considered the matter and the parties' arguments, the court finds that the lis pendens are null and void ab initio and the motion is due to be granted.

The lis pendens filed by Hovind on May 29, 2013, are for the following four properties:

1. 21 Cummings Road, Pensacola, Florida 32503

2. 29 Cummings Road, Pensacola, Florida 32503

3. 100 Cummings Road, Pensacola, Florida 32503

4. 400 Cummings Road, Pensacola, Florida 32503

These properties and others were ordered forfeited to the United States in this court's Order of June 28, 2007, as partial substitutions for a $430,400.00 forfeiture judgment entered in the criminal case of United States v. Kent Hovind, Case No. 3:06cr83/MCR...

(I)t is unquestionable that (1) the United States of America, as owner of the forfeited properties, has standing to bring this motion, (2) that Hovind, as defendant and claimant in the prior judicial proceedings, had notice that the above-described properties were forfeited to the United States, and (3) that Hovind has no ownership interest, legal or equitable, in the properties.

Hovind's lis pendens create no valid encumbrance on or obstruction to the properties set out above.

To ensure that the lis pendens' nullity is recognized, the court shall require plaintiff to file this Order in the public records of Escambia County, Florida.

Accordingly:

1.

Plaintiff's motion for discharge of lis pendens is GRANTED.

2.

Consistent with this court's findings and orders described above, Eric Hovind's lis pendens are null and void ab initio and have no effect on the rights and titles of the United States of America in and to the properties.

3.

Plaintiff is directed to file this Order in the public records of Escambia County, Florida

DONE and ORDERED this 30th day of September , 2013.

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

-----------------------------------
-----------------------------------

[notorial dissent]

Hovind Lis Pendens Claims Ruled Null & Void Ab Initio!

Wow!! Who didn't see that coming? Smacked down pretty soundly, clearly, and succinctly I would say from the looks of that order. Looks like Ken's latest attempt at legal puffery did just as well as all his others.