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.