► Attorney Russell Goldberg of Peabody, MA; ethical dwarf Print E-mail
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Attorney Russell Goldberg of Peabody, MA; ethical dwarf

 
The state of Massachusetts presented Russell Zane Goldberg with a law license in 1987.
 
The Massachusetts Board of Bar Overseers found Russell guilty of the following misconduct.
 
Russell was settlement agent and attorney for a lender in connection with a loan refinance transaction secured by residential real estate. The borrowers were husband and wife who resided at the property. Prior to the closing, title was held as tenants in common by the wife and her brother. Since the loan application was in the name of the borrowers only, the lender required, as a condition of the loan, that the brother transfer his interest in the property to the borrowers.
 
At the brother’s request, Russell drafted an agreement which was supposed to acknowledge that the deed he was executing the deed as an accommodation and that the execution of the deed was not intended as a termination of the brother’s equitable interest in the property. The brother’s intent was not to give up his half interest in the property, subject to the new loan, but to hold it for the benefit of his two sons.
 
After the closing on the house, the borrowers ignored the brother’s requests to convey back his interest to him and instead, and without the brother’s knowledge, used the property as collateral for a second mortgage. The brother then hired an attorney who advised him to record the agreement drafted by Russell However, the property was subsequently foreclosed upon with no recover to the brother.
 
As to the drafting and execution of the agreement, Russell was attorney for the transaction, and in that role, the brother relief upon him. The Board ruled that the brother did not receive the zealous representation he would have received by an independent attorney. The Board went on to rule that Russell represented parties with conflicting interests.
 
As a consequence of his misconduct, the enablers for Attorney Misfits sitting on the Board of Bar Overseers punished Russell by gifting him with a complimentary reprimand.
 
As we speak (ca. October 2012) Russell practices with Falbo Solari & Goldberg at 5 Essex Green Drive in Peabody, Massachusetts.
 
 

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