Thursday, March 11, 2021

Lawsuit Accuses State Senator Stealing Condos from Client

Did a State Senator abscond with an estate?  An estate accused State Senator Ben Suber (R-Braveheart) of embezzling four condos from his client in a lawsuit filed in Lafayette County Circuit Court.  

The complaint states Jimmy Aron owned four units at Orleans Oaks Condominiums.   Mr. Aron hired Ben Suber, Esq. to handle several legal matters in 2016.  Mr. Suber allegedly wanted to purchase the condos.  The estate claims the two parties reached an oral agreement upon a purchase of the four units for $360,000.  Mr. Aron conveyed a warranty deed to his attorney on April 11, 2016.

Unfortunately, Mr. Aron was inconsiderate enough to die in a gasoline explosion after the deed was conveyed but before actual payment took place.  The Chancellor of Calhoun County appointed Lanora Aron Mills as the executrix of the estate. 

Ms. Mills asked Mr. Suber on September 14, 2016 if he wished to "consummate the agreement" according to the terms of the verbal agreement.   The plaintiff claims the attorney did not respond. The complaint includes a warranty deed showing a September 25, 2017 conveyance of one unit to an Arkansas LLC. 

 

The defendant finally responded on December 22, 2017 but not in accordance with the estate's wishes.  He firmly disputed the alleged purchase price.  He said there was a "misunderstanding."  The haggling went back and forth until Ms. Mills demanded full payment or return of the properties.   Mr. Suber responded with a deed of trust purportedly signed by the deceased.  The document was allegedly signed on May 23, 2016.  The deed of trust states Mr. Suber owed Mr. Aron $245,000.  If he did not make full payment, he could pay in monthly installments of $1,503 for 163 months. 

While the estate disputes the authenticity of the deed of trust, Mr. Suber sold the remaining units.  

The estate charges the State Senator with breach of contract, conversion, malpractice, and  breach of fiduciary duty.  The complaint asks the Court to award $360,000 and 25% interest (dated from April 14, 2016).  Attorney Charles Merkel, Jr. represents Ms. Mills. 

The case is assigned to Special Circuit Judge Jeff Weill. 

The defendant asked the Court to dismiss the lawsuit but Judge Weill said nice try but the fight's going to take place.  He said there was a genuine issue on fact as to the purchase price and existence of the oral agreement.  The defendant claims Mr. Suber did not represent Mr. Aron on the specific matter of the sale of the condos even though he was his long-time attorney.  Judge Weill said such issues were to be decided at trial, not in chambers.


22 comments:

Anonymous said...

Have trouble trusting Politicians and Lawyers separately, but one who is both?????

Anonymous said...

“If the facts are against you, argue the law. If the law is against you, argue the facts. If the law and the facts are against you, pound the table and yell like hell”

Anonymous said...

Wow if this is true how big of a scumbag would you have to be to essentially steal from a dead mans widow and kids

Anonymous said...

A lawyer who enters into a transaction with a client is playing with fire. Just. Don't. Do. It.

Anonymous said...

Is he a (D) or an (R)
Knowing that fact will determine my level of outrage.

Anonymous said...

Brings to mind a $100,000 elderly woman's estate issue by a former Mississippi judge and political leader.

Anonymous said...

bad ju-ju.

Anonymous said...

Lafayette County. HYDR Hobby Lobby and all that nonsense. #Flagship my rear, they are all a bunch of crooks up there in the hilly delta as they proclaim!

Anonymous said...

@9:56am - Winner, shut the comments down.

Anonymous said...

legislators that are also lawyers and are involved in legal matters and insurance litigation are voting on and drafting legislation that benefits them financially. This should be prohibited!

Anonymous said...

If I recall correctly, the Statute of Frauds provides that for any transaction in real estate to be valid, it must be in writing. Therefore, how would an oral agreement for the sale and purchase of real estate be binding? Any of you lawyers out there have a ruling on this?

Anonymous said...

This joker must've had a summer job as a runner for Butler Snow when he picked up on the mantra of "the law says you can't do it, but doesn’t provide any penalty if you do so."

Anonymous said...

1059, should that apply to legislators who are not lawyers but vote on things that may benefit them financially as well? Like maybe voting in the House on the Maryjane bill?

Anonymous said...

We have a town named Braveheart?

Anonymous said...

Charlie and Adam will win. Everyone else will get screwed.

Anonymous said...

11:32, I think detrimental reliance and partial performance of the contract by executing and delivering the deeds could cause the defendant to be estopped from denying the existence of a contract.

I'm surprised the plaintiff didn't include causes of action for unjust enrichment, and constructive trust and equitable lien on the proceeds of the sales of the properties. Personally, I would have filed this in chancery court with those causes of action.

Anonymous said...

@10:40 He's from Bruce and went to Mississippi State....

Anonymous said...

@10:40 Who let the dawgs out?????

Anonymous said...

Oral agreements were not legal the last I heard, did I miss something?

Anonymous said...

"While oral contracts are valid, written contracts are safer because they outline all terms of the agreement. Be sure to include any spoken promise from the seller, a salesperson or agent in the written contract."

https://www.msbar.org/for-the-public/consumer-information/what-is-a-contract

Anonymous said...

There is a law called the "State of Frauds" that requires certain contracts to be in writing. However, a party can be estopped from asserting the statute of frauds as a defense in certain factual circumstances. See the comments at 11:32 and 1:30.

Based on the documents posted, it looks like Suber strung the estate attorney along while he worked to sell the properties, without disclosing that to the estate lawyer. If that's what happened, it's pretty slimy.

It seems to me that one can be a politician, or one can be a practicing attorney, but one cannot do both well at the same time. What is considered acceptable in politics may be highly unethical in the practice of law.

Anonymous said...

Weill is in over his head on this one.


Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.