[ 2012 ] Fairmont / Sunchaser / Northwynd official thread with lawsuit info!

[ClanMac]

truthr

There is nothing to be afraid of. What you need to understand is that there is a big difference between civil and criminal law and the litigation processes involved. We haven't been successful just yet in having a formal RCMP investigation on the basis of complaints of criminal wrongdoing (i.e. fraud), largely because of the costs that would be involved that would necessitate the use of forensic auditors/accountants (their time to unravel the mess).

M. Geldhert proceeded with the appeal, and likely now with a statement of claim for damages and compensation. These are civil proceedings. If there was a criminal conviction against certain individuals associated with Northwynd/mont then all these civil proceedings would become secondary, and much unnecessary.

What I have said is that regardless of the outcome of any civil lawsuit it would be a miscarriage of justice to let these thieves walk away and be better off for it all; because suing Northwynd/mont for what is left of the Fairmont properties isn't going to make a dent in the bank accounts of these criminals, you can't get at them personally as only the business assets are liable. This is why bankruptcy fraud exists, and why I know it has occurred with Fairmont/Northwynd, and is almost a certainty to occur once the trust is dissolved.

I deal with the assessment of criminals and the courts they are tried in, that is my job. I have seen this before in various shapes and forms. That is why I don't take too kindly to white collar psychopaths walking away with a fortune after putting the screws to innocent people. I have very little at stake here financially, I cut these guys off in 2011 and never had much to begin with; it is the principle that is most important here.

 

[truthr]

ClanMac
Thank you for your reply. I am a bit familiar with the difference in laws and litigation processes.

If the RCMP or whatever other "government" agencies have not seen fit to investigate this yet, at least the group being represented by Mr. Geldert are being proactive in attempting to protect themselves/ourselves.

I, also, would like to see the individuals responsible for this mess prosecuted and hopefully what we are doing will get some attention from whatever "government" agencies are sitting back and blaming costs for not doing their jobs.

I find it a tad condescending and distracting to say all these civil proceedings would become secondary, and much unnecessary.

For those of us directly affected by this what we are doing is primary and very much necessary. And although the principle is very important for some they have more than a little at stake financially.

 

[Anxiety123]

Class Action

ClanMac, are you saying that there is no need to follow through with a Class Action to have Northmont not proceed with collections from the remaining TS owners for Reno and or Maintenance fees? They will go under anyway? There will be no money to collect from them even if the Class Action was to succeed? I do agree that these people will not hurt personally as they always protect themselves and come out financially sound. But, will there be anything left to payout a Class Action win??

 

[truthr]

ClanMac, are you saying that there is no need to follow through with a Class Action to have Northmont not proceed with collections from the remaining TS owners for Reno and or Maintenance fees? They will go under anyway? There will be no money to collect from them even if the Class Action was to succeed? I do agree that these people will not hurt personally as they always protect themselves and come out financially sound. But, will there be anything left to payout a Class Action win??

Anxiety123
I don't know about you but I am not prepared to sit idly by while our "government" agencies pussy foot around. Whether we actually see any monies from our joint action at least we are being proactive and stop them from getting any more money from us. The retainer we are paying is a small price to pay for sound legal advice and representation. And peace of mind that someone is actually acting on our behalf in a timely fashion.

 

[aden2]

RE: ClanMac some clarification, but great insight by ClanMac.

Resorts International REIT was NOT the precursor to Northwynd REIT. FRPL Fiance morphed into Northwynd REIT.


Nycholat and associates borrowed millions using FRPL Finance Ltd. When Fairmont did not / could not pay Fairmont Resort Properties Ltd, that meant FRPL could not / would not pay FRPL Finance, and thus FRPL Finance could not pay its bondholders. Through the CCAA process, FRPL Finance got control of Fairmont Vacation Villas, called it Sunchaser, and set up Northwynd. The FRPL Finance bondholders were convinced to exchange their bonds for units in the new Northwynd REIT (of which Northwynd LP and Northmont are subsidiaries).


Resorts International REIT was set up while Nicholat was still soliciting money for FRPL Finance. It is now virtually worthless, the funds having disappeared through bad investments, poor judgement, mismanagement, and probably a lot worse. I think that now the only assets RI REIT has is a playground at Sunchaser.


The trustees of RI REIT and Northwynd REIT go to some pains to clarify that the two are not connected. That may be true theoretically, but Ed Nycholat was manager of Ops for both FRPL Finance and RI REIT concurrently, and being paid handsomely by BOTH. Later, he was in a trustee role with both Northwynd REIT and RI REIT concurrently. Not related? Hah!

 

[ClanMac]

Clarification

Thanks Aden2, here's some more:

Nycholat, who was president and director FRPL Finance was essentially working for Knight (& Morcom: Dunvegan Petroleum), and had previously been suspended from any activities involving real estate by the Real Estate Council of Alberta for obtaining a beneficial interest in a property he had been commissioned to sell.

I found out he had been active in Quebec while flogging investments into the REIT, however it drew the attention of the Autorite' des Marches financiers as late as July, 2013. He was also a member of the Board of Trustees for NPREIT, but was removed at or around this time.

The Creditor List (Form 78: Statement of Affairs; FRPL declared "no assets" that could be liquidated) from the FRPL 'planned' bankruptcy included: Colin Knight ($2,866,691.52); Dunvegan (Knight & Morcom: $2,161476.22); FRLP Finance ($10,034,813.00); & Morcum/Morcom (bus.) ($459,050.40 in total). This represents about 20 million, and if you read the information circular scripted by Kirk Wankel re: the proposed dissolution of the REIT you can see that the 'pro rata' distribution of the cash obtained from the TS owners buyout will lead to a substantial payout even at the estimated $0.20 per unit (4 million overall). Proceeds from the sale of the Fairmont Sunchaser assets will be distributed much along the same lines. If you think they actually put their own cash into the REIT give your head a shake.

It is also interesting to note that aside from their base salaries, benefits & bonuses (ranging from approx. $200,000 to more than $300,000), the only two executives left at NRPL (Wankel & Frey) will have an additional 4 month's salary, vacation, what they have acquired in real estate capital while there, and an additional payout based on anything that starts at a minimum of $0.17 per unit (thats a minimum of $0.03/unit, so they get a cut out of just under $3,000,000). Pretty nice payout for being the front guys in this fraud and being able to walk away untouched. By the way, if you include the alleged Fairmont bankruptcy this will be the third one Wankel has been running the numbers with.

As for the sale of the Fairmont Sunchaser properties and assets. This includes the TS's. Good luck trying to unload that; it will be a liability associated with the sale. I worry about those who paid to stay in as I don't know what there will be a share of time in in the future. Those that paid to get out are out, and all Northmont has to do is foreclose on those who haven't paid their maintenance fees and those TS's are gone.

 

[ClanMac]

More checking

Previous posts on this site from: TravellingMom & Disillusioned have also indicated that a total of $2,081,670.94 is owing to Cedarpointe Estates in Kelowna, however there is no such/or longer an entity by this name, and the address is that associated with a bankruptcy lawyer. Behind Knight & Morcum this is the biggest creditor.

If you add up all the Fairmont/Northwynd related creditors and throw in the bankruptcy guy, the total is almost 15 million, and guess who is first in line to collect?

 

[CleoB]

ClanMac, are you saying that there is no need to follow through with a Class Action to have Northmont not proceed with collections from the remaining TS owners for Reno and or Maintenance fees? They will go under anyway? There will be no money to collect from them even if the Class Action was to succeed? I do agree that these people will not hurt personally as they always protect themselves and come out financially sound. But, will there be anything left to payout a Class Action win??

I think the thing to consider is if Northwynd is successful in selling Sunchaser the new owner will assume the debt and will probably go after the timeshare owners with outrageous maintenance fees. Look how much they have risen since 2010.

 

[Anxiety123]

CleoB, you are so correct. Much to think about but want a Lawyer on my side looking out for my best interests. Thanks

 

[ClanMac]

I am out of here!

It has been two years since I started taking these psychopaths on! I am solely focused on the criminal end of things, and am proud that you all stood your ground. You don`t have a lot to worry about regarding collections, because there is nothing to collect on. The last thing I will leave you with as I keep getting cyberattacked is:

A lawyer is a lawyer is a lawyer!

Don`t ever forget that!

Thank-you Trojans.

ClanMac

 

[truthr]

It has been two years since I started taking these psychopaths on! I am solely focused on the criminal end of things, and am proud that you all stood your ground. You don`t have a lot to worry about regarding collections, because there is nothing to collect on. The last thing I will leave you with as I keep getting cyberattacked is:

A lawyer is a lawyer is a lawyer!

Don`t ever forget that!

Thank-you Trojans.

ClanMac

Not all lawyers are the same just as not all people are the same.

As for not having anything to worry about regarding collections - really??? You sound so sure of yourself ClanMac.
If you have been "taking" this on for the past two years and it has gotten this far; again I ask - really??? Why haven't you stopped them?

 

[ERW]

Just curious what ClanMac's title in his last message "I am out of here" refers to?

 

[aden2]

re:Truthr
I believe an investigation regarding RCMP etc. will get involved once their is a judgement againt the likes of people Wankel and Frey. Northmont/Northwynd couldn't give a dam about how they have lost many a TS customer because crooked and dishonest business pratices. A crown prosecutor only works within their framework, and the RCMP has to come forward with charges for the prosecutor to act on.

 

[Yukoner]

Unitholders Meeting

Has anybody heard anything coming out of the unitholders meeting yet?

 

[ERW]

Curious why this thread has gone so silent - ClanMac apparently has mysteriously departed without explanation and no other comments appear to be forthcoming from any of the other posters that have been quite vocal in the past.

Any explanations?

 

[truthr]

Curious why this thread has gone so silent - ClanMac apparently has mysteriously departed without explanation and no other comments appear to be forthcoming from any of the other posters that have been quite vocal in the past.

Any explanations?

I can't speak for anyone else, but I have been busy with other things.

 

[Late2Game]

silent . . .or just smart

Does anyone REALLY think it's wise to continue this discussion in public? Do you really think it's appropriate to speculate and strategize while Northwynd is listening in? Why should we expose our thoughts, intentions and sentiment to the other side?

 

[GypsyOne]

Be on the winning side!

It is encouraging that a large group of responsible timeshare owners are determined they are not going to be victimized by this white collar gang and have signed on with the litigation group. In our adversarial legal system, justice is achieved with money. The larger our group, the bigger our war chest, the stronger we are. This gang will use the legal system any way they can to safeguard their Golden Goose. For those who want justice and out of this mess but are still undecided, sign on with Geldert Law, 778-330-7775; sunchaser@geldertlaw.com.

 

[Timeshare Cold]

A note to ClanMac, we are hoping you will continue to add information to this site. We have been very glad for your information, comments and opinions as we have for everyone else on this site. It is the info and comments that made us do our own research into this "mess" and then made the decision to join Geldert Law last December. Without this site, we would have been frustrated and lost but by finding it, we have been able to make the right decision for us. The thought of paying Fairmont their asking fees gave us many sleepless nights but once joining Geldert, we were able rely on the expertise of him and all of those who have worked so hard collecting data and information. Please continue ClanMac.

 

[DarkLord]

Does anyone REALLY think it's wise to continue this discussion in public? Do you really think it's appropriate to speculate and strategize while Northwynd is listening in?

It is important to post it here because everyone searches Sunchaser or Northwynd will find this thread and learn about the scam.

 

[Beaverjfw]

Thread has a new title

Just noticed that our forum thread has a new title.
"Northwynd official thread with lawsuit info! "
It used to be something like "new program coming........"
Hopefully those who have not got off the fence will find this site.

I'm sure many are anxiously awaiting the results of the Trust meeting and will want to know what Northwynd/Northmont plans next. If the project goes up for sale they indicated it would be listed through Jones Lang Lasalle .
Web site is www.jll.ca.

They listed the Lake Okanagan Resort through them as well through this site.
http://www.specializedassets.com/

Keep your eyes open for the "For Sale" listing.

 

[Spark1]

It is important to post it here because everyone searches Sunchaser or Northwynd will find this thread and learn about the scam.

You are right Darklord this is all we had to get important information out and we have no idea how many time owners are using tug. I talked with a lady that owned 3 gold weeks 2bedroom sleep 8. She is a legacy for life owner and paid her 2013 maintenance fees. So she is using her RCI points to get into the resort. She was to get 2,2bedroom sleep8 in the 1000 building and 1 1bedroom sleep 4 at hillside. She was told buy Northmont all she was going to get is 3 one bedroom sleep 4 at the Building buy the airport because the 1000 hillside building was out of the system. She tried to fix the situation buy having a 3 way phone call with Northmont,RCI and herself but all she could get was 3 one bedroom sleep 4 at the building buy the airport. Timeshare owners investing into RCI points should understand that quite often you do not get what you use to before you got sucked into RCI point. So 12 of them will enjoy the 3 one bedroom sleep 4 and have to travel back to the main part of the resort to use the amenities to keep the grandchildren happy. These one bedrooms at this resort all face the parking lot, not the beautiful Columbia River. My question is why would she use her gold weeks to go back to sunchaser vacation resort? Why give the enemy one cent. We all know this Northwynd/Northmont are white collar criminals and are only interested in lining there own pockets. Look at the money Kirk Wankel and Doug Frey are putting in their pocekets so do you honestly believe this resort was ever going to be renovated. This will never happen with these criminals. Get off the fence and hire Geldert Law, because he will win this class lawsuit just like he did with the appeal.

 

[pdoff]

Amen - the only way out of this mess is to keep fighting - Geldert Law and Cox Taylor will eventually put these crooks in their place - just hope the law catches up with them too!

 

[DarkLord]

The Sunchaser Timeshare Owners webpage is up.

http://www.sunchasertimeshareowners.com/

Lots of good information to unite the timeshare owners to join in the fight.

 

[jekebc]

The Sunchaser Timeshare Owners webpage is up.

http://www.sunchasertimeshareowners.com/

Lots of good information to unite the timeshare owners to join in the fight.

The site will be updated regularly as we find more details in support of our claim that Northmont and their agents have breached fundamental terms of the timeshare contracts.

We are looking into why Northmont and their associates collected 27 cents out of every $1 that was paid from Resort funds in 2013. Northmont/RVM charged over $2.4 million in management fees and in addition their group charged over $1.0 million for other costs. This won't end until we get them out of our Resort.