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Plaintiff Alleges Fraud Against Financial Institution Over Foreclosure Proceedings

FLORIDA RECORD

Thursday, November 21, 2024

Plaintiff Alleges Fraud Against Financial Institution Over Foreclosure Proceedings

State Court
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Florida 6th Circuit Pinellas County Cynthia J. Newton | facebook.com

Nikki Marie Kavouklis has launched a legal battle against a financial institution, alleging fraudulent activities that have led to foreclosure proceedings on her property. On November 7, 2024, Kavouklis filed a complaint in the Sixth Judicial Circuit Court in Pinellas County, Florida, targeting ESSA Bank and Trust and several individuals associated with the bank and its legal representatives.

The case centers around a note executed by Kavouklis on January 28, 2009, which she claims was manipulated by ESSA Bank and Trust to initiate foreclosure proceedings against her. According to the complaint, the bank falsely claimed to have provided a loan of $1,350,000.00 when no such sum existed until Kavouklis signed the note. "The signature of NIKKI M. KAVOUKLIS is what created the actual sum which the Defendant now claims to have loaned her," states the complaint. The plaintiff argues that no contract with valuable consideration was ever established between herself and the bank due to the absence of signatures from both parties.

Kavouklis accuses ESSA Bank and Trust of duping her into signing a unilateral note under false pretenses that funds were available for lending. Upon discovering this alleged fraud, she attempted to rescind or alter the note but was met with resistance from the bank, which proceeded with foreclosure actions instead. The plaintiff further alleges that since filing for foreclosure, all defendants involved have engaged in efforts to defraud her of her property for their financial gain.

The lawsuit also names Gary S. Olson, CEO of ESSA Bank and Trust; Drew Cosby; law firm Frank, Weinberg & Black P.L.; attorneys Brian M. Becher and Teresa Grassi-Wolosh; and Cynthia Newton as defendants who allegedly participated in or supported these fraudulent actions. Kavouklis asserts that these individuals knowingly allowed or perpetuated fraudulent conduct to benefit financially at her expense.

In addition to seeking damages for emotional distress and financial harm caused by these actions, Kavouklis demands a jury trial against all named defendants. She is represented by herself in this legal endeavor.

Attorneys involved include Nikki Marie Kavouklis representing herself as plaintiff's lawyer while Cynthia Newton is mentioned as acting adversely in a judicial capacity without proper authority. The case ID is 24-004894-CI.

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