Bench Warrant Issued After $22,000 VANISHES From Attorney’s Trust Account!

追加: 2026-05-17

[00:00:00]Um, I think council, did I not have from you a motion to withdraw?

[00:00:06]Yes, your honor. Pardon?

[00:00:09]Yeah. Okay.

[00:00:10]>> [clears throat] >> Um And right away, the judge makes something crystal clear. Just because you file an emergency motion doesn't magically make it an emergency. Courts see this all the time. If there's no immediate threat requiring urgent action, judges will slow things down and handle it on the regular calendar.

[00:00:33]But here's the bigger problem brewing beneath the surface.

[00:00:36]There's already a bench warrant hanging over this situation, and the judge is signaling he is not in the mood to play procedural games today.

[00:00:45]That tension it's about to spill into the damages hearing in a big way.

[00:00:52]I also have, and I don't know whether or not you were served with them because I'm not clear what entirely what Ms. Tope is doing.

[00:01:04]Um, but did you receive from Ms. Tope a motion to remove and expunge the court's order?

[00:01:17]Got an email copy of it that I'm aware of, yes. Okay, so you I don't know the result of it, though.

[00:01:24]Well, well, first of all, I can tell you the result of it is that she marked it an emergency. I did not deem it an emergency.

[00:01:36]So, I set it for hearing today along with the other motions.

[00:01:40]Okay, that's what I That was the resolution. The reason I Did you folks receive a copy of that?

[00:01:46]Not sure what you're referring to. I don't know anything about it. Anna Tope's motion to remove and expunge the court's order for contempt.

[00:01:55]Okay.

[00:01:57]I don't know anything about it. I didn't think I was Who got an email copy?

[00:02:02]All right. So, then we received a and I guess I'll deal with that one first if you don't mind. We received then a communication from Ms. Tope that she was unavailable for her own motion today.

[00:02:17]So, that motion um Donna Tope's motion will be adjourned.

[00:02:26]And I'm not changing anything. The bench warrant is still outstanding.

[00:02:31]So, my next day March 4th April 14th.

[00:02:38]14th? Yes. Two I'm a little busy that day.

[00:02:49]March 17th 2026.

[00:02:55]90 and so that I'll adjourn the Donna Tope's motions.

[00:03:00]Um Comes to I'll leave it to you given your motion to withdraw as to whether or not you want me to rule on finish really on the other motions or hear your motion to withdraw.

[00:03:17]But, it's my understanding the last hearing you ruled or granted liability or the most dispositive motion we're here today for a hearing on damages which I suspect we're prepared to to move forward with that that that might result in the conclusion of this matter which might make my motion to withdraw moot to a certain extent. Um and also made um the defendants we're calling it the second omnibus motion might make >> Pardon?

[00:03:52]Who's law?

[00:03:53]Oh, yes.

[00:03:55]All right.

[00:03:57]Folks, what do you have to say to me on the the issue of damages?

[00:04:03]So, uh the issue on damages. Okay, so the thing he was referring to is the second omnibus motion.

[00:04:13]I just was preparing that cuz I was under the understanding today was the final day you were going to you already ruled on the eviction. You were going to rule on when and the damages.

[00:04:24]Okay, so since then, there were new things that happened such as foreclosure being posted. I've lost a lot of orders and I'm out of business. So, starting damages >> You're out of business?

[00:04:38]Yes, and I do not have enough orders to pay board to pay my lease starting April.

[00:04:45]Most of the boarders are leaving at the end of March. They saw the posting on the door.

[00:04:51]Horse owners are like horses, they're flight animals, they're herd animals, and they're all leaving and I'm going out of business.

[00:04:58]And so, I fear because of the posting of his foreclosure on the facility, that he is foreclosing and possibly going into bankruptcy. And so, what I'm asking for damages is that it be that it come out of the court's account.

[00:05:22]And that so that we My understanding is damages is up to you.

[00:05:31]And I have no recourse to get any of my money.

[00:05:36]I'm out of business. I'm not going to have the money for April's lease.

[00:05:42]Because of the evict the eviction >> Let me Let me just stop you there a moment, okay?

[00:05:48]Cuz you know about the fourth the foreclosure?

[00:05:53]Yes. Council, have And it's a bank foreclosure?

[00:05:58]It's Uh it wasn't a bank foreclosure, but it was the lender uh But well, okay. The lender. Have they leaned any anything in regard to that?

[00:06:13]I'm not aware of a lien. There was a foreclosure sale on the fourth.

[00:06:17]Which the lender purchased the property at the foreclosure sale. The the redemption period is obviously still ongoing, but Uh here.

[00:06:30]Okay.

[00:06:45]And so when we had received, and I don't know if you were aware of it, Council, I think it may have come in your maybe in response to your motion to withdraw, communication from your client that it was going into foreclosure.

[00:07:05]But it actually has gone through that process, and then they're Yeah, and so I I just want to make sure that we're clear. So there's there's the foreclosure sale on the property at issue on the fourth.

[00:07:18]And my client's personal house is also subject to another upcoming foreclosure sale.

[00:07:24]>> a different one.

[00:07:25]>> Those are different.

[00:07:26]Got it.

[00:07:30]Okay. And so the You have to remind me, how long is that redemption? It's not a six-month redemption, is it?

[00:07:41]It would be I I believe it's three, but I believe >> Three, and that's that's what I was thinking.

[00:07:47]Um Go ahead, newer.

[00:07:59]I just I filed this motion so that you would have all the information in front of you so that you could make a final decision on damages. You've all or whatever it's called. I He asked me to be He He He evicted me.

[00:08:14]He asked me to leave. I prepared to leave. I found a place for my horses.

[00:08:18]Most of my borders have already given me notice.

[00:08:22]And because of the foreclosure and the eviction defenses that have always been falling down are falling down worse. I can't keep the horses safe, but I don't have the wherewithal or the resources to fix them.

[00:08:35]And I can't I can't I can't go on. And I I'm prepared to If If you would be willing to prorate into the court's account 10 days in April, I would be prepared to leave in 30 days from now. And the What What did you mean by that? Prorate into Well, like So, I usually pay at the beginning of the month for the whole month. I won't have the money to do that because majority of our horses are leaving. I guess. Okay. Yeah. It's your turn.

[00:09:02]Um All right.

[00:09:07]This is going to be a disaster.

[00:09:10]Pin the making, I think.

[00:09:12]Um When >> [clears throat] >> Let me do this.

[00:09:28]While not holding him to it, counsel, is your client seeking to redeem the property or I I believe in the best case scenario, yes.

[00:09:39]Got you.

[00:09:43]>> [clears throat] >> You guys are going to have to So, we Let's say he doesn't.

[00:09:51]And then there's a new owner of the premises, you're probably going to have to leave it anyway.

[00:09:58]So, when can you guys leave?

[00:10:00]The apartment. I would love to leave April 10th, but I can leave at the end of the March, at the end of March if you're not able to give me a pro-rated lease payment for the 10 days of April.

[00:10:10]I What do you have in I told him the last room.

[00:10:35]20,625.

[00:10:38]Say again. 20,625.

[00:10:45]I'm sorry, Nani. You said that's what's in the court's escrow? Yeah, I was asking.

[00:10:50]It was 20,625. 20,625.

[00:10:55]And you folks have already paid the March payment.

[00:11:12]Mhm.

[00:11:13]What is the March payment? Are you Are we saying that that was paid into the court's escrow?

[00:11:19]They Yes, they said they paid that.

[00:11:22]Last one being February 5th.

[00:11:26]So, you don't have a March. It June 1 day of March.

[00:11:30]I didn't bring the receipt with me, but I did pay it March I paid it I paid it in February because it was before we left on vacation. I think I paid it the last Friday of March because we left on vacation Sunday. So I want to make sure it was in before we left. Did you pay I'm sorry, the last Friday of of February.

[00:11:49]We paid it cash the last Friday of February. Did you pay it here?

[00:11:55]Um Orange Lane Well It really wouldn't matter. Do you know what court you went to to pay it? No.

[00:12:06]I do see it because you paid it here.

[00:12:08]It's not on the ROA. So And then then it's got to be transferred over. So 5,500 additional So 26,125 dollars.

[00:13:00]How long was your lease?

[00:13:03]It was supposed to be seven years.

[00:13:10]Do you have the How many horses are you moving?

[00:13:19]I'm sorry, how many am I moving? How many Yeah. Just my personal horses.

[00:13:24]Everybody else Okay, that doesn't answer my question.

[00:13:27]You're getting like that other guy. I have three. So So come the 10th as you're anticipating, you're moving three horses or you're moving three horses and then some others that you're in care of, I guess I'm trying to >> There's three other horses that are absentee owners and I haven't reached out to them yet because I was waiting to see when my leave date was. I'm going to reach out to them and see if they want me to take them cuz I'm just going to a friend of the family's and they're just pasture horses, but no, I'm not continuing this business. Does that make sense? Yeah. Yeah.

[00:14:01]Yeah, there's a lot more information I needed, but I'm just trying to figure out the Come if if I were to give you the double 10th, you're moving at least three horses, but up to six. Yes. Total horses. Three personally, yes. Right. Okay.

[00:14:39]And and as you're moving them, what I mean, I know approximately what it's going to cost to move four horses, but I don't know how far you're going. What's your cost in moving those horses?

[00:14:57]Mhm.

[00:14:58]Just give me your three.

[00:15:01]100 bucks. I mean, if that. It's my trailer, my truck. You Okay.

[00:15:05]>> So you you don't got to >> Correct.

[00:15:21]All right.

[00:15:24]Okay, before I make a final determination of the um damages on this, um is there any other additional argument you want to make regarding that?

[00:15:37]Yeah, a couple couple points. Yes, sir.

[00:15:39]Just so that when I'm on the same page and we're all on the same page. So, I have back in June of 2025 was the last rent payment and it was a partial payment that was the water heater.

[00:15:55]Subsequent to that until this court directed Ms. Tope and defendants to uh submit money to the court's escrow, I believe it was the subject of a number of hearings prior to this that Ms. Tope had an escrow account personally where she was maintaining money of some sort for June until cuz I have, for example, as of March, a total outstanding rent due of $48,691.04.

[00:16:31]$26,125 of that is accounted for in the court's escrow account.

[00:16:38]And the other $22,000 and some change might be in Ms. Tope's escrow account, which started this whole issue.

[00:16:48]Um And so >> Can I just stop you there?

[00:16:53]That This is the exact moment the hearing shifts from a normal landlord-tenant dispute into something much messier.

[00:17:02]Now we're talking foreclosure, collapsing business operations, boarded horses needing relocation, unpaid rent, and potentially disappearing money. And notice the judge's reaction. When a judge pauses and says, "This is going to be a disaster in the making." That's courtroom code for everybody in this room may lose.

[00:17:24]What makes this so dramatic is that the court is no longer just sorting out who owes rent.

[00:17:31]The judge is trying to prevent a total financial train wreck while balancing fairness to both sides. And honestly, you can hear the frustration building because every new answer seems to create three new problems.

[00:17:49]You understand what counsel's indicating about the difference in the money? One correction. I did pay 60 houses LLC directly in July.

[00:17:58]I paid them the full amount in July.

[00:18:00]Okay, but Right, but we still have a discrepancy. Well, so I'm going to ask you folks this question, okay?

[00:18:13]Did you give that money to of these missing I'll call them [clears throat] missing, but the payments that did not get to the plaintiff.

[00:18:27]Did you give those moneys to Miss Toe?

[00:18:31]They were dispersed. That's the money that was dispersed for repairs. Okay, but Right, but but what I said Yeah, okay. Yes.

[00:18:43]Hold it. You did not Okay, listen closely to my question because it's really important. You did not disburse those funds for repairs, right? You gave that money to Miss Toe who was holding it in whatever to then disburse for repairs.

[00:19:08]Or pay for rent.

[00:19:10]Yes. Okay, because hold on. The understand there's a reason why I'm asking this and there's a big difference, okay? Because what counts what counts was indicating I I believe is correct, but I just want to make sure on the record that we have it.

[00:19:27]The 5,500 that you would pay each month that you would have normally paid to me, landlord in this case.

[00:19:36]There were some months you paid those funds to Miss Toe to hold and or to use for repairs and other thing.

[00:19:49]I believe that was August, September, October.

[00:19:52]July I paid >> Hang on a second. Hang on. Just slow down.

[00:19:59]I didn't ask what months. I want to make sure that factually what we're cuz Miss Toe's not here, factually that that's correct.

[00:20:12]Because that's what I understand also, but I I don't know that you've ever been asked that directly.

[00:20:20]Yes.

[00:20:21]Okay. [clears throat] So there's then this escrow and you're saying that that was 3 months if I'm hearing you correctly that you would have given the money's to Miss Toe.

[00:20:42]I would have to look at the accounting records, but I believe it was August, September, October. I believe it was three.

[00:20:48]>> That's August, September Our first payment was I think that's right.

[00:20:55]So just so that we're on the same page, I believe I believe the November payment was paid to my client and it was a partial payment.

[00:21:04]>> It was a partial payment in November.

[00:21:07]Right, so >> But I also paid 50 to you paid the difference of the 55 We both. to the court.

[00:21:16]No, you paid the 55.

[00:21:19]But, part of it was that check he received. Received the double payment of that month because of an error by Miss Tolk. So, he received a check from Miss Tolk. He also made the payment. So, that month had extra. I believe in November we paid the full 5,500 to the court. Is that correct? So, was it 41? Can you pull me uh 25 is what we He received a 41 4125.

[00:21:43]Yes.

[00:21:45]He got 3,600. On top of that.

[00:21:47]So, it was more than the 5,500. So, it was 3,508 and 3,600.

[00:21:53]I remember that being paid That was cuz that was a check Miss Tolk sent to him.

[00:22:00]Right? I don't know how we how we got it, but my records show that we got Got it. Right. That you got it. And the question was whether or not you could pay or whether or not you could use it.

[00:22:10]And because there was then the full amount, I said, "You guys keep that money.

[00:22:16]The difference I thought was being paid into the court."

[00:22:23]And so, that's that was a I accounted for that in my previous to say the number. So, I'm just trying to bridge the gap between what the court has and what hopefully should be in Miss Tolk's escrow personal escrow.

[00:22:45]Okay.

[00:22:47]And that number you gave me was 48,691.40.

[00:22:51]Uh not 40, four. It's a four cents. Four cents. Yes.

[00:22:57]Four cents.

[00:22:59]In November though, it was overpayment.

[00:23:04]Because we paid 25 and 3500. Well, I don't I don't know we can really look at it as an over I mean because ultimately there's going to be a certain amount that should have been paid. The real question is where it went.

[00:23:23]My guess is that I think that's what you were going to ask me. Yeah, that's what I was going to Okay, and I know why that happened. What I did is I think I prorated.

[00:23:44]So, I allowed him to keep the check. It really wasn't a double payment. So, here's what I recall doing is the money that was sent to the plaintiff, I allowed him to keep that.

[00:23:57]Upon the court's original and then when ordering escrow, I ordered it pursuant to the court rules so that it was ordered prorated >> [clears throat] >> for the period in time.

[00:24:11]And I went back, although he paid it on the 18th, it was back around the beginning when was our first He didn't run the whole thing. But whatever our first date in November was, I prorated it from a date in November, which is how we came up with that number.

[00:24:29]So, there wasn't a full amount that was going to need to be paid in November.

[00:24:37]All right, you complied with the escrow order. If you didn't understand all that technicality and what I just said, but I understand why that number is different.

[00:24:46]Um >> [clears throat] >> and I didn't order the whole 55 for November.

[00:24:53]All right.

[00:24:55]But in terms, okay, so here's going to be the problem.

[00:25:02]And I don't know whose problem it's going to be.

[00:25:28]And this is going to I don't [clears throat] know.

[00:25:37]I I don't think that the money's you paid were properly put into a trust account.

[00:25:54]Wait a minute, Mr. Temple.

[00:26:00]That causes huge problems.

[00:26:04]Which I don't know what I'm going to do with it now.

[00:26:08]Because and I'm not sure of the procedure, but typically and I know it's changed certainly since I've had to do it.

[00:26:48]Where an escrow account or an IOLTA account is mismanaged.

[00:26:54]There are ways through the state bar making the person whole.

[00:27:05]Now, having said that, and that's There used to be a a Well, I'm sure there's got to be a way of doing that, but I just don't know how that is.

[00:27:18]Because you guys are never going to see Well, let's put this way. You guys are never going to see that money as trust.

[00:27:29]Have you asked her for the money back?

[00:27:32]No, they're not doing I don't think that money's there. I think that That's the money that was used for replacing the sheds and all of that. So, Okay, no, I'm never going to get my money back.

[00:27:49]>> the problem. Okay, and just just follow this here.

[00:27:53]Okay, and I think Guys, he's got an Alabama shirt on. Tackle him. No, I'm kidding.

[00:28:03]I'm kidding.

[00:28:12]Under the terms of the lease, which is the basis upon which I indicated the moneys, you have to pay them, right?

[00:28:21]That money should have been paid over to the plaintiff.

[00:28:24]Okay?

[00:28:26]Money should have been paid every month.

[00:28:27]And be paid over to the plaintiff.

[00:28:28]Should have been paid over to the plaintiff. Okay? I I base I ruled that.

[00:28:33]Yes. Okay? The problem is that it's hard.

[00:28:44]So, I can't really necessarily give it an offset. What really should happen in this case, right? Everything being equal and everything being what it is, and if Ms. Topor participating is one would think a member of the bar should.

[00:29:08]What should happen is is the moment that I ruled that if that money should have gone to plaintiff regardless of whether she spent it on it, if she did that improperly out of an IOLTA account, she should then pay that money to plaintiff.

[00:29:28]Right? You guys wouldn't have to pay more.

[00:29:33]Okay?

[00:29:38]That's not going to happen, I don't think.

[00:29:44]So, while she have Let me put this way.

[00:29:49]She may have told you those were legitimate expenses. They weren't legitimate expenses.

[00:29:59]I hear you.

[00:30:02]And so, what I'm toiling with, just to be honest with you, is is is in looking at these numbers, do I hold you accountable for that, or what do I do with it? Now, I'm toiling with that because also, which is also part of the hearing that I adjourned to the 17th, um and why I would be reluctant to let counsel out right at this moment in any although it may be moot, is because the bond that I set on the contempt that would be money that Ms. Toke may pay in was specifically going to be directed toward attorney fees that were being exponentially included because of Ms. Toke's actions.

[00:31:14]So, I will >> [sighs and gasps] >> I'm going to ask you guys to just give me a few minutes. I'm going to step off because that my problem is everybody in this courtroom has been hurt by this person.

[00:31:29]And I'm trying to find an equitable way to deal with that. Counselor, I have one suggestion. Go ahead, counselor.

[00:31:38]>> [clears throat] >> But theoretically, how it's worked is if defendants have paid money to their attorneys in IOLTA account, actually, that's still their money, which in your as you alluded to, would mean that that money is no longer there.

[00:31:55]They would have a claim against his so most likely through the bar agreement or whatever form they choose.

[00:32:02]My client does not have that remedy.

[00:32:04]And so, cuz we we don't have a relationship with Ms. Toke. I I don't have She's not my my client's counsel.

[00:32:11]She didn't hold I don't have an IOLTA account with her or neither does my client, for example.

[00:32:17]So, I in this scenario, the money that was in there, the defendants I mean, there's there's they their contractual obligation is still on them.

[00:32:29]So, if if they paid I I hear >> If they paid, then their remedy would be they would actually have a remedy to get it from Ms. Toke, where my client really theoretically would not. I I mean there might be a creative way to do that, but I'm not aware of this. I've never had a situation like this before, but with me either.

[00:32:46]But no, I hear you and that really had gone through my mind.

[00:32:53]But and that may be where I land in the next 15 minutes, right?

[00:33:02]But I Okay.

[00:33:06]This is the bombshell moment of the hearing.

[00:33:09]The judge now openly suggests the escrow money may not have been properly handled and that changes everything.

[00:33:15]In legal disputes, escrow accounts are supposed to be protected holding accounts, not a personal spending pool.

[00:33:23]If funds were mismanaged, the fallout can extend way beyond this eviction case and potentially trigger professional discipline or even separate legal claims. And look at the judge here. He's no longer just deciding damages. He's trying to untangle who got hurt, who's still legally responsible, and whether there's any equitable way to stop the bleeding.

[00:33:44]By this point, the courtroom isn't just dealing with unpaid rent anymore. It's dealing with a complete collapse of trust. And the wildest part? Even the judge admits he's never seen a mess quite like this in 26 years on the bench. That tells you everything you need to know about how off the rails this situation became.

[00:34:11]This is the second case in which Ms. Tope has been involved where people have been damaged.

[00:34:20]This is really the only one, however, that has damaged both sides and then to a certain extent the attorney on the other side because your fees have been paid.

[00:34:41]And I want to just take a moment to think all that through. If I come up with something creative, I may come up with something creative or I may not. I mean, I I may indeed and I appreciate what you're saying, counsel. I That's where I may land, but I want to just think about that for a moment cuz I quite frankly have never been through anything like this before, either.

[00:35:02]And, you know, your client's out, your fees, plus he hasn't gotten the rental income.

[00:35:13]These folks have paid.

[00:35:21]They're out at least what that difference is because they paid it over.

[00:35:26]So, and now because of all of that, and I'm not saying it's the entire cause, but because of all of that, he's in foreclosure, you're not in business.

[00:35:41]It's a beautiful scenario.

[00:35:44]And it shouldn't be how things should work.

[00:35:46]And I Over my 26 years, I'm not sure I've seen one person cause this much damage.

[00:35:58]For the sake of standing in brief recess.

[00:36:00]All right.

[00:36:01]>> [clears throat]