Miami Foreclosure Lawyer Disbarred After He and Lover Move Into Client's House
The lawyer obtained power of attorney and listed himself as a permanent guest at his client's house.
December 28, 2018 at 01:23 PM
3 minute read
Miami attorney Peter Dale Fellows is facing disbarment after moving into a client's home during a foreclosure case.
Fellows has been practicing in Florida since 1999, according to his Florida Bar record. But his career derailed over a real estate acquisition involving his legal assistant, who was also his lover, according to court records.
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Related story: 4 South Florida Attorneys Disbarred, Others Disciplined
The ethics case against him stemmed from his representation of Phillip Thompson, a Pembroke Pines homeowner facing foreclosure by Deutsche Bank after filing for Chapter 7 bankruptcy protection but failing to be discharged from the mortgage debt. Years after the bank sued, Thompson learned he still owned the house and received an unsolicited call from Fellows' assistant, Sherine Wright, who offered help with a short sale.
After several meetings at Fellows' law office, Thompson listed the property with Wright Time Now Inc., a company linked to the legal assistant, using the law firm's address. He claimed he was unaware of the link between the attorney and the real estate company.
When the deal languished, Thompson's wife became concerned and contacted the homeowner association, according to a Florida Bar complaint. It was then she learned someone was living in the house.
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Click here to read the full bar complaint
“Thompson and his wife gained access to the residence and discovered that Wright and (Fellows) appeared to be living in the home,” according to the ethics complaint. “They found mail addressed to both (Fellows) and Wright, as well as photos depicting the two of them together.”
The bar determined Fellows “was able to obtain permanent guest access for himself and Wright through the use of a power of attorney he had Thompson execute in his favor.” The pair listed themselves as “permanent guests” with the homeowner association and arrived in 2013.
The Thompsons fired the Law Firm of Fellows & Associates.
The court-appointed referee, Palm Beach Circuit Judge Luis Delgado, found Thompson violated bar rules requiring reasonable consultation, meeting client objectives, and those governing conflicts of interests and attorney responsibility for nonlawyer assistants. He recommended a 91-day suspension and $3,600 fine to cover the bar's prosecution costs.
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Click here to read the referee's full report
The Florida Supreme Court, which has the final word on attorney discipline, rejected the referee's recommendation and instead disbarred Fellows effective 30 days from its Dec. 4 order.
Kevin P. Tynan of Richardson & Tynan in Tamarac represented Fellows at the start of the ethics case. He declined to comment Friday, saying he was no longer involved. Fellows did not respond to a request for comment by deadline.
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