Judge Davenport accused of malpractice in Rosellini default

Montville municipal court judge Seth Davenport has been named in a lawsuit alleging legal malpractice and fraud (Download Davenport). The suit was filed by Dolores Kennedy in connection with a $250,000 mortgage she made in 2005 to former Mayor John Rosellini on his building at 323 Changebridge Road.  Rosellini defaulted on that mortgage along with the first and third mortgages (Download Rosellini liens).

Kennedy claims that Davenport, then her attorney, failed to obtain the necessary title work that would have revealed that she did not have a first mortgage as she claims she was led to believe. 

Davenport notarized Rosellini's signature on the $625,000 first mortgage with Lakeland Bank in October 2002 (Download Notary).

According to Rosellini's sworn deposition (Download Rosellini dep), Davenport had served as his personal attorney since at least April 2002, doing family estate litigation, matters involving Rosellini's failed attempt to lease to the building to Learning Experience, a child care center, and even handling the closing when Rosellini bought the building.

Rosellini voted to appoint Davenport as municipal judge beginning in 2003.

As a real estate developer Seth Davenport has also been a partner in Olde Towne Properties, which is seeking to expand the retail center in the Towaco Center and build residential units on a second floor.  Concerns about the sole source aquifer, additional traffic and pollution, and resident opposition have plagued the project.

Update: Davenport threatens to sue website   See Daily Record.

From: Seth Davenport <seth@taxcounsel.com>
Date: Mon, Mar 30, 2009 at 9:12 AM
Subject: posting o ourmontvile.com
To: xxx@gmail.com

I have reviewed a recent posting on the web site and it makes reference to a frivolous complaint that improperly alleged I committed malpractice.  This is to put you on notice that the allegations in that complaint regarding me are false and you republication of said information will subject you and whomever posted same to a civil suit.  Also, you republished a photo of me from my website which is copyrighted.  I did not give permission for that photo to be republished and thus, I am preparing a suit for violation of copy right law.

Seth I. Davenport, Esq.

Davenport & Associates

219 Changebridge Road

Montville, NJ 07045

973-299-9925 (phone)

973-402-7996 (fax)

seth@taxcounsel.com

www.taxcounsel.com

Comments

[Fedas18]

The above response written by Judge Davenport is simply embarrassing. He should be ashamed for the way he has handled the situation as a man of his status should know better. His use of childish threats only validates your position and actions in my eyes. Kudos for having the courage to post this response on the internet. Best of luck!

[monte123]

As noted in the Daily Record, it is impossible to see Mr.Soussa doing anything improper by linking to the public record. I find it humorous to think that a judge would say information listed in public record is false. He really should have known better and deserves all of this negative publicity he will receive.

[Fedas18]

The above response written by Judge Davenport is simply embarrassing. He should be ashamed for the way he has handled the situation as a man of his status should know better. His use of childish threats only validates your position and actions in my eyes. Kudos for having the courage to post this response on the internet. Best of luck!

[Dolores Kennedy]

August 2009
RE: Davenport's comment "allegations are frivolous"
I beg to differ. For starters, any allegation containing a dollar amount upwards of $200,000.00 is DEFINITELY not "frivolous". Additionally, bringing suit against an atty & mun. court judge had better have merit to it. The firm that represents me has a stellar reputation and would not have taken it on (atty suing atty) if they did not believe it to be credible. Lastly, Davenport was given an opportunity to do the right thing. His reply was combative and uncooperative. Thank you.

[lke]

He should never have been a judge talking like that.

[lke]

He was never a good judge and should never have been a judge or a lawyer !

[lou]

a big hot head

[l]

good good good

[lukesmel@aol.com]

I think it is great