Motion,Ex Parte: FORER, JUSTIN V MS JASMINE PROPERTIES LLC

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                                Filing # 135972638 E-Filed 10/05/2021 05:17:47 PM

IN THE CIRCUIT COURT FOR THEISTH
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA

CASE NO.: 2021-CA-002979-XXXX-MB
DIVISION: AA

JUSTIN FORER, an individual, and
MORGAN FORER, an individual

Plaintiffs,
Vv.
M&S JASMINE PROPERTIES, LLC,
a New York limited liability company, and

SAMY KHALIL, an individual

Defendants.
/

 

DEFENDANTS’ MOTION TO COMPEL AND FOR CONTEMPT AGAINST Ni
PARTY OLD REPUBLIC

Defendant M&S JASMINE PROPERTIES, LLC (“Jasmine”) and SAMY KHALIL (“Mr.
Khalil’), by and through their undersigned counsel, pursuant to Florida Rules of Civil Procedure
1.410(f), hereby files its Motion to Compel and for Contempt against Non-Party Old Republic
National Title Insurance Co. (“Old Republic”) for its failure to comply with Defendant Jasmine’s

Subpoena Duces Tecum Without Deposition, and in support thereof, states as follows:

1. Old Republic was the underwriter the Forers were using to try to obtain title
insurance for the purchase of the subject property, a requirement for them to be able to close.

2. Upon information and belief, the Forers would not have been able to close on the
purchase of the subject property because, among other reasons, Old Republic would not agree to

provide them with title insurance for the property.

*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 10/05/2021 05:17:47 PM ***3. On May 4, 2021, Jasmine and Mr. Khalil filed a Notice of Production from Non-
Party for a Subpoena Duces Tecum without Deposition to Old Republic, requesting its entire file
relating to the subject transaction.

4. The Subpoena Duces Tecum goes to the heart of Plaintiff's claim for specific
performance — i.e., that the Forers would not have had the ability to close because their underwriter
would not issue them title insurance.

5. On May 14, 2021, the Forers objected to the Subpoena Duces Tecum.

6. On August 31, 2021, this Court entered an Agreed Order Regarding Plaintiffs’
Objections to the Subpoenas Duces Tecum, wherein the Forers withdrew their Objection to the
Subpoena Duces Tecum to Old Republic.

7. On September 2, 2021 Jasmine and Mr. Khalil served a Subpoena Duces Tecum
without Deposition on Old Republic. A true and correct copy of the Notice of Service of
Subpoena, together with the Affidavit of Service and Subpoena Duces Tecum without Deposition,
filed on September 8, 20121, is attached hereto as Composite Exhibit “A”.

8. Pursuant to the Subpoena Duces Tecum, Old Republic was required to produce the
documents on or before September 12, 2021.

9. To date, Old Republic has failed to provide the requested documents.

10. On September 30, 2021, Old Republic advised the undersigned that they did not
locate any documents that would be responsive to the Subpoena Duces Tecum, as reflected in the
email attached hereto as Exhibit “B”.

11. The undersigned’s office immediately responded to Old Republic, that same day.
attaching a handful of documents clearly evidencing that Old Republic would most certainly have

documents, and presumably extensive documents, regarding the Forers seeking title insurancefrom Old Republic to purchase the subject property, as reflected in the email with its attachments,
attached hereto as Composite Exhibit “C”.

12. To date, Old Republic has failed to respond either to the undersigned’s email or to
the Subpoena Duces Tecum.

13. | Defendant respectfully requests entry of an Order compelling Old Republic to
forthwith produce the documents requested in the Subpoena Duces Tecum, and finding Old
Republic in contempt of court under Florida Rules of Civil Procedure 1.410(f).

14. Rule 1.410(f), provides:

Contempt. Failure by any person without adequate excuse to obey a
subpoena served on that person may be deemed a contempt of the
court from which the subpoena issued.

WHERFORE, Defendant M&S JASMINE PROPERTY, LLC, and SAMY KHALIL,

respectfully request the entry of an Order compelling Non-Party Old Republic National Title
Insurance Co. to forthwith comply with the Subpoena Duces Tecum Without Deposition, and

finding Old Republic to be in Contempt of Court, together with such other and further relief as

this Court deems just and proper.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and
served via the Florida Courts E-Filing Portal on October 5, 2021, to Michael S. Perse, Esq. and
Michael T. Landen, Esq., Kluger, Kaplan, Silverman, Katzen & Levine, P.L. 201 South Biscayne
Blvd, Miami, Florida 33131, Email: mperse@klugerkaplan.com and
mlanden@klugerkaplan.com; Non-Party Old Republic National Title Insurance Co., Registered

Agent E. Gaines Street, Tallahassee, FL 32399 and Sarah Newcomb, Vice President, Email:

snewcomb@OldRepublicTitle.com.THE HALLE LAW FIRM, P.A.

Counsel for Defendants

2929 E. Commercial Blvd., Suite 300

Fort Lauderdale, FL 33308

(954) 537-0466 telephone

Primary Email: ahalle@hallelawfirm.com
Secondary Email: admin@hallelawfirm.com

/s/ April I. Halle 7
APRIL I. HALLE

Florida Bar No. 005914Composite Exhibit "A"
Filing # 134196455 E-Filed 09/08/2021 02:33:51 PM

IN THE CIRCUIT COURT FOR THEISTH
JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA

CASE NO.: 2021-CA-002979-XXXX-MB
DIVISION: AA (Judge Keyser)

JUSTIN FORER, an individual, and
MORGAN FORER, an individual

Plaintiffs,
Vv.
M&S JASMINE PROPERTIES, LLC,
a New York limited liability company, and

SAMY KHALIL, an individual,

Defendants.
/

NOTICE OF SERVICE OF SUBPOENA
Defendants M&S JASMINE PROPERTIES, LLC and SAMY KHALIL, by and through
their undersigned counsel, respectfully notices this Honorable Court and all interested parties
pursuant to Florida Rules of Civil Procedure 1.351 and 1.410(c) of service of the attached
Subpoena Duces Tecum Without Deposition of Non-Party, which was served on Old Republic
National Title Insurance Co. on September 1, 2021, as reflected in the attached Affidavit of

Service.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been filed and
served via the Florida Courts E-Filing Portal on September 8, 2021, to Michael S. Perse, Esq. and
Michael T. Landen, Esq., Kluger, Kaplan, Silverman, Katzen & Levine, P.L. 201 South Biscayne

Blvd, Miami, Florida 33131, Email: mperse@klugerkaplan.com and mlanden@klugerkaplan.com.THE HALLE LAW FIRM, P.A.

Counsel for M&S Jasmine Properties, LLC
2929 East Commercial Blvd Suite 300

Fort Lauderdale, FL 33308

(954) 537-0466 telephone

Primary Email: ahalle@hallelawfirm.com
Secondary Email: admin@hallelawfirm.com

/s/ April I. Halle :
APRIL I. HALLE

Florida Bar No. 0059145RETURN OF SERVICE

 

State of Florida County of Palm Beach Circuit Court

Case Number: 2021-CA-002979-XXXX-MB

Plaintiffs:
JUSTIN FORER, an individual, and MORGAN FORER, an individual

vs.

Defendants:
M&S JSAMINE PROPERTIES, LLC, a New York limited liability company, and
SAMY KHALIL, an individual

For:

April |. Halle, Esq.

THE HALLE LAW FIRM, P.A.
2929 E. Commercial Blvd,
Suite 300

Fort Lauderdale, FL 33308

Received by Legacy Legal Service, Inc. on the 31st day of August, 2021 at 1:27 pm to be served on OLD REPUBLIC
NATIONAL TITLE INSURANCE CO., by serving CHIEF FINANCIAL OFFICER, its Registered Agent, 200 E. Gaines
Street, Tallahassee, FL 32399.

|, Christopher Compton, do hereby affirm that on the 2nd day of September, 2021 at 10:45 am, I:

 

SERVED the within named entity by delivering true copies of the Subpoena Duces Tecum Without Deposition/Notice of
Production From Non-Party and a $15.00 check to the Chief Financial Officer (Department of Insurance) at the address of

200 E. Gaines Strect, Tallahassee, FL 32399 to COLBY NUTTING for the Chief Financial Officer as the Registered Agent
for OLD REPUBLIC NATIONAL TITLE INSURANCE CO., by serving CHIEF FINANCIAL OFFICER, its Registered
Agent, pursuant to F.S. 48.151(3).

Description of Person Served: Age: 20S, Sex: M, Race/Skin Color: WHITE, Height: 6'0, Weight: 200, Hair: BLONDE,
Glasses: Y

 
   

 

| certify that | am over the age of 18, have no interest in the above action, and am a Certified Process Server, in good
standing, in the Second Judicial Circuit in which the process was served. Under penalty of perjury | declare | have read the
foregoing documents and that the facts stated in it are true. Notary not required pursuant to FL Statute 92.525 Sec (2).

Christopher Compton
Certified Process Server # 101

Legacy Legal Service, Inc.
4521 P.G.A. Bivd

#210

Palm Beach Gardens, FL 33418
(561) 622-0711

Our Job Serial Number: LLG-2021008897

Copyright © 1992-2021 Database Services, Ine. - Process Server's Toolbox V8 tt

 

UT!Exhibit "B"

IN THE CIRCUIT COURT OF THE 15"
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA

CASE NO.: 2021-CA-002979-XXXX-MB

JUSTIN FORER, an individual, and
MORGAN FORER, an individual

Plaintiffs,
v.

M&S JASMINE PROPERTIES, LLC,
a New York limited liability company, and
SAMY KHALIL, an individual

Defendants.
/

DUCE HO)

TO: Old Republic National Title Insurance Co.
Chief Financial Officer, Registered Agent
200 E. Gaines Street
P.O. Box 6200
Tallahassee, FL 32399

YOU ARE COMMANDED to deliver to Law Offices of April I. Halle, Esq., within ten
(10) days of service or delivery of this subpoena, the items on the attached Exhibit "A" along
with the completed Declaration of Custodian of Records. You may comply with this subpoena
by providing legible copies of the items to be produced to the attorney whose name appears on
this subpoena by mail or delivery. You may condition the preparation of the copies upon
payment, in advance, of the reasonable cost of preparing the copies. You have the right to object
to the production pursuant to this subpoena at any time before production, by giving written
notice to the attorney whose name appears on this subpoena. You will not be required to

surrender any of the documents or things requested.

If you fail to furnish the records as provided above or timely object to this subpoena you
may be in contempt of court. You are subpoenaed by the attorney whose name appears below
and unless excused from the subpoena by the attorney or by the Court, you shall respond to the

subpoena as directed.

Page 1 of 4NO TESTIMONY WILL BE TAKEN

Gril I Hale
April I. Halle, Esq.
FBN:0059145

Page 2 of 4DEFINITIO}

 

For purposes of this Subpoena, the following definitions apply:

A. The term “you” or “your” refers to the entity to which this Subpoena is directed and any
and all of its representatives (as defined herein).

B. The term “representative” means any and all present and former agents, employees,
servants, officers, directors, attorneys, or other persons acting or purporting to act on behalf of the person
question.

Cc The term “person” means all individuals, entities, firms, organizations, groups,
committees, regulatory agencies, governmental entities, business entities, corporations, partnerships, trusts,
and estates.

D, The term “Contract” shall mean the “AS IS” Residential Contract for Sale and Purchase
between M&S Jasmine Properties, LLC (“Seller”) and Justin and Morgan Forer (“Buyer”) for the
transaction located at 920 Jasmine Drive, Delray Beach, FL 33483.

E. The term “Buyer” shall mean Justin Forer and Morgan Forer and any and all of its
representatives.

F. The term “Seller” shall mean M&S Jasmine Properties, LLC and any and all of its
representatives.

G. The term "document" shall have the broadest meaning permitted by the Florida Rules of
Civil Procedure and shall include, without limitation, all written, graphic, electronically stored information
or otherwise recorded material, no matter how produced or reproduced, of any nature whatsoever, and all
copies thereof in your possession, custody or control, regardless of where located. The items requested,
include without limitation, any and all documents and electronically stored information to be produced in
printed form.

H. The term “communication(s)” shall mean every manner or method of disclosure, exchange
of information, statement, or discussion between or among two or more persons, including but not limited
to, face-to-face and telephone conversations, correspondence, memoranda, telegrams, facsimiles, emails
messages, transcribed voice-mail messages, text messages, meeting, discussions, releases, statements,
reports, publications, or any recording or reproductions thereof.

L The connectives “and” and “or” shall be construed either disjunctively or conjunctively as
necessary to bring within the scope of the discovery request all responses which might otherwise be
construed to be outside of its scope.

J The term “relating to” means in any way directly or indirectly, concerning, referring to,
disclosing, describing, confirming, constituting, discussing, supporting, evidencing, or representing
information bearing upon the matter.SCHEDULE “A”
Your entire file relating to the transaction between Seller and Buyer for the sale
and purchase of the property located at 920 Jasmine Drive, Delray Beach, FL
33483.

All documents relating to the Contract.

All documents relating to you providing title insurance to Buyer under the
Contract.

All communications between you and Buyer.

All documents exchanged between you and Buyer.

All documents reflecting your requirements to insure title to the Buyer for the
property located at 920 Jasmine Drive, Delray Beach, FL 33483, including, but

not limited, your emails and other communications transmitting your loan
approval to Buyer.

For all documents, provide date and timestamp details.

Page 1 of 2DECLARATION OF CUSTODIAN OF RECORDS
MADE PURSUANT TO FLA. STAT. §90,803(6)

I, (name). declare that I am a designated
duly authorized Custodian of Records for documents and/or information produced by
(Organization)
reserves its right to designate another
Custodian, as it deems appropriate in the event an actual appearance is required concerning the
records or information produced herein. I verify that the records produced herewith were:

A. Made at or near the time of the occurrence, condition or event of the matters set
forth by, or from information transmitted by, a person with knowledge of those matters.

B. Kept in the course of regularly conducted activity; and

Cc. Made as a regular practice in the course of the regularly conducted activity by

the personnel of the business.

The enclosed records are true copies of records made and kept by
as described in the subpoena or other legal order.

 

I declare under penalty of perjury that the foregoing is true and correct.

Executed on this day of. 7 , inthe City of. , State of

Page 2 of 2Composite Exhibit "C"
10/5/21, 4:27 PM

rrom Alissa Adler (Admin@hallelawfirm.com) Sep 30 4:57 PM
ro snewcomb@OldRepublicTitle.com, ELayton@OldRepublicTitle.com

ce ahalle@hallelawfirm.com

Bec

RE: [EXTERNAL] File 21-83649 920 JASMINE DR, DELRAY BEACH, FL 33483
Good Afternoon,

| tried calling you but | received your voice mail. | am a bit confused that you have no documents responsive to our
subpoena. | have the attached paperwork regarding the title commitment as well as several emails to and from Ms.
Fulks email: jfulks@oldrepublictitle.com. (see attached) Pleased advise.

Thank you.

Sincerely,

Alissa Adler
Legal Assistant

alle aw

THE HALLE LAW FIRM PA

2929 EAST COMMERCIAL BLVD
SUITE 300

FORT LAUDERDALE, FL 33308

P: 954.537.0466

E: ADMIN@HALLELAWFIRM.COM
WWwW.HALLELAWFIRM.COM
Original messagi
From: "Newcomb, Sarah" [snewcomb@OldRepublicTitle.com]

Sent: Thursday, Sep 30 2021 4:04 PM

To: ELayton@OldRepublicTitle.com

Subject: RE: [EXTERNAL] File 21-83649 920 JASMINE DR, DELRAY BEACH, FL 33483

   

Good afternoon, Alissa,

We have searched our files and did not locate any documents that would be responsive to your subpoena.

Thank you,
Sarah

Sarah Newcomb

Vice President, Old Republic National Title Insurance Company

W/10Schedule "A"

AMERICAN LAND TITLE ASSOCIATION COMMITMENT

Transaction identifteation Data for reference only:

Issuing Agent: ALTA Universal ID: Commliment Number: Issuing Office File Number:

Lisa Pearson, PA. FORER/ 21-83649

Issuing Office: Loan ID Number: Revision Number: Property Address:

1688 Meridian Avo,, 7th Floor 920 JASMINE DR DELRAY BEACH, FL.
‘Miami Beach, FL 33139 3

1. Commitment Date; January 15, 2021, at 02:30 pm

2. Policy to be Issued;
(2) 2006 ALTA Owner's Policy;

Proposed Insured: Justin Forer and Morgan Forer, husband and wife
Proposed Policy Amount; —$1,600,000.00

(b) 2006 ALTA Loan Policy;

Proposed Insured: Better Mortgage Corporation, ISAQA ATIMA
Proposed Policy Amount: — $1,240,000,00

3, The estate or interest in the Land described or referred to In this Commitment is:
Fee Simple
4, Title to the Fee Simple estate or interest in the land is at the Commitment Date vested In:
M&S Jasmine Property LLC, a New York limited liability company
5, The Land is described as follows:
Lot 461, 4TH SECTION, TROPIC ISLE, according to the plat thereof, as recorded In Plat Book 25, Pages 69 and 70, of the Public

Records of Palm Beach County, Florida.

Countersigned,
Lisa Pearson, P.A.

By See

This page Is only a part of a 2016 ALTA Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part | - Requirements; and Schedule B, Part Il - Exceptions.

‘Old Republic National Title Insurance Company
‘ORT Form 4690 A6/06 Rov, 6-1-16

Schoduto A

ALTA Commlimeat for Til InsurencoSchedule "B-I"

AMERICAN LAND TITLE ASSOCIATION COMMITMENT

Requirements
{ssulng Office Fie Number:
FORER /24-03649

All of the following Requirements must be met;

1, The Proposed Insured must notify the Company in witing of the name of any party not referred fo in thls Commitment who will obtain an interast
in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions,

2, Pay the agreed amount for the estate or interest to be insured,

3. Pay the premiums, fees, and charges for the Policy to the Company.

4, Documents satlsfactory to the Company_that convey the Title or create the Mortgage to be Insured, or both, must be properly authorized,
executed, delivered, and recorded in the Public Records,

§. Warranty Deed to be executed by M&S Jasmine Property LLC, a New York limited liability company, conveying subject property to
Justin Forer and Morgan Forer, husband and wife,

6. Mortgage to be executed by Justin Forer and Morgan Forer, hushand and wife, to Better Mortgage Corporation, ISAOA ATIMA; given
to secure the princtpal amount of $1,240,000.00.

7, Furnish a sworn affidavit from the Seller stating that they own the property free and clear of any mortgage, lien or other
encumbrance,

8 Furnish a copy of the organization agreement of the company, together with all amendments, confirming that same has been filed
with the Secretary of State of (state of organization), (M&S Jasmine Property LLC, a New York limited Nability company)

9, Furnish a copy of the operating agreement of the company, confirming the person authorized to execute the deed on behalf of the
company. (M&S Jasmine Property LLC, a New York limited lability company)

10, Furnish a recordable affidavit from the managing officer to be recorded with the deed containing the following: (1) that afflant is the
managing officer of the limited liability company and has the authority to execute the affidavit on behalf of the limited lability
‘company; (2) that the limited llabllity company Is properly filed with the Secratary of State of Florida and is presently in legal
existence and In good standing with the State of Florida, and was In legal existence and in good standing when It took title to subject
Property and during the time It hald title to subject property; (3) that the managing officer who will execute the deed is authorized to
Convey the real property on behalf of the !Imited lability company; (4) that the limited Hability agreement and coples provided have
not been amended, modifled or revoked and are still In force and effect; and (5) that the limited Hability company Is not or has not
been involved in litigation, a debtor in bankruptcy or dissolved. (M&S Jasmine Property LLC, a New York {Imited liability company)

11. Furnish an up to date Certificate of Good Standing of (M&S Jasmine Property LLC, a New York limited lability company).

12. Furnish proof, satisfactory to the Company, from the Homeowners Association that it has approved the sale to the proposed
purchaser(s), that all association fees, assessments and Master Association Fees If any have been paid In full, and that there are no
delinquencies. if any

13, Provide a satisfactory Owner's Affidavit of Possession and No Liens. Said affidavit, when properly executed at closing by the
seller(s) if any and mortgagor's herein will serve to delete the standard lien and possession exceptions for the policy(ies) to be
Issued,

This pago Is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; tha Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part | - Requirements; and Schedule B, Part If - Exceptions.

Old Republle National Title Insurance Company
ORT Form 4680. 16/06 Rov, 0-1-18

‘Schedule BI

ALTA Commitment for Tie IneurencoRequirements.
Issulng Office File Number;
FORER/21-02649

14, Submit proof that all municipal charges and assessments and all municipal service charges for water, sewer and waste collection, if
any, are paid,

16. Determination must be made that there are no unrecorded special assesement liens or unrecorded llens arising by virtue of
ordinances, unrecorded agreements as to Impact or other development fees, unpald waste fees payable to the county or municipality,
or unpald service charges under Ch. 159, F.S., or county ordinance

16. Furnish a survey meeting the lender's and title Insurer's requirements. Hf the survey reveals encroachments, overlaps, boundary line
disputes, or other adverse matters, they will, with the lender's approval, appear as exceptions In the loan policy,

17, Obtain over the limtt approval before closing.
18, Furnish proof that the real property taxes on subject property have been paid current. Note: Taxes for the year 2021 became a lien

‘on the land January ‘st although not due or payable until November ‘st of sald year. Taxes for the year 2020 In the amount of
$21,666.90 are Unpaid. Tax ID Number 12-43-46-28-04-000-4610.,

This page is only a part of a 2018 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment fo Issue
Polley; the Commitment Conditions; Schedule A; Schedule B, Part | ~ Requirements; and Schedule 8, Part I! - Exceptions,

er Form 468081808 Rev 8-446
Sch
ALTA Commitment for Tie InsuranceSchedule "B-II"

AMERICAN LAND TITLE ASSOCIATION COMMITMENT

Exceptions.

Issulng Office Fila Number:
FORER / 21-83649

THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR LIMITATION CONTAINED IN ANY
DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR
LIMITATION VIOLATES STATE OR FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.

Tho Policy will not Insure against loss or damage resulting from the terms and provisions of any lease or easement identified In Schedule A, and will
include the following Exceptions unless cleared to the satisfaction of the Company:

10.

Mt.

Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing In the public records or altaching
subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or
mortgage thereon covered by this Commitment.

Rights or claims of partles in possession not shown by the public records,

Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection
of the premises,

Easements or clalms of easements, not shown by the public records.

Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public
Tecords,

Standard exceptions 2 (rights or claims of parties In possession), 3 (encroachments, overlaps, boundary line disputes and other matters
which would be disclosed by an accurate survey and Inspectlon) and 4 (easements or claims of easements not shown by the Public
Records) may be ramoved from the policy when a satisfactory survey and inspection of the premises Is made or along with an affidavit
from the Seller carlifying as to sald matters,

Standard Exception 5 may be removed from the policy upon satisfactory proof of non-existence of mechanics’ liens and mechanics’ lien
rights being furnished,

‘Taxes for the year of the effective date of this Commitment and taxes or special assessments which are not shown as existing Hlens by the
public records,

Matters as shown on the Plat recorcied in Plat Book 25, Page 69, of the Public Records of Palm Beach County, Florida,

Reservations and restrictive covenants, 4th Sectlon, Tropic Isle, as recorded in O.R. Book 83, Page 510, which were amended by
Instruments recorded In O.R. Book 1413, Page 154, O.R, Book 1414, Page 405 and O.R. Book 1443, Page 347, all of the Public
Records of Palm Beach County, Florida.

Easement Deed In favor of City of Boca Raton recorded In O.R. Book 2537, Page 468, of the Public Records of Palm Beach
County, Florida,

This page Is only a part of a 2016 ALTA Commitment for Title Insurance, This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part! - Requirements; and Schedule 8, Part Il - Exceptions,

Old Repubite National Title Insurance Company
ORT Form 4690 B 16108 Rev. 84-16

‘Schodvle B It

‘ALTA Commnlinent or Tle InsuranceExceptions
Issuing Office File Number:
FORER /21-09649

12, Declaration of Covenants and Restrictions for Maintenance of Walker's Gay Homeowner's Association, Inc. as recorded In O.R.
Book 2549, Page 984, as amended In O.R. Book 5793, Page 701, O.R, Book 16619, Page 1444 and as further amended thereof, of
the Public Records of Palm Beach County, Florida, (Provisions creating easements, liens for amounts of money, charges or

assessments for varlous purposes and option to Purchase, and rights of first refusal or prior approval of a purchaser or a
lessee.)

13, Right, title and Interest of the Lake Worth Drainage District as tay be disclosed by aerlat maps referenced by Affidavit recorded
In Official Records Book 1732, at page 612, and any rights, title or Interest of sald District acquired pursuant to Chancery Case
No, 407, and as described In documents recorded In Official Records Book 6495, at page 761, at page 1165, at page 1545 and at
page 1554, of the Public Records of Palm Boach County. Florida,

14, Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder,
Including submerged, filled and artificially exposed lands and lands accreted to such lands.

15, Riparian and littoral rights are not insured.

18, The tights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water
abutting the subject property and the natural tine of vegetation, bluff, extreme high water line, or other apparent boundary lines
Separating the publicly used area from the upland private area,

7 Any portion of the property herein described which Is artificially filled land, in what was formerly navigable waters, 1s subject to
any and all rights of the United States Government, arlsing by reasons of the United States Government control over navigable
waters in the Interest of navigation and commerce.

18, This policy does not Insure any portion of the Insured parcel lying waterward of the mean-high water line of the waterway,

19, Any lien provided by County Ordinance or by Ch. 189, F.S., in favor of any city, town, village or port authority, for unpaid service
charges for services by any water systems, sewer systems or gas systems serving the land described hereln; and any lien for
‘waste fees In favor of any county or municipality,

20, Any loss or damage arising from assessments resulting from the provisions contained in Florida Statute Section 720.3085,
notwithstanding assurance to the contrary In any ALTA PUD Endorsement Form 8.1 oF Florida Form 9 Endorsement which may
be attached to this commitmentipolicy.

Note: The following Is for informational purposes only and will not appear in the policy to be issued: The following deed(s)
affecting the land described In Schedule A hereof cover a minimum twenty-four month pertod prior to the effective date of this
commitment:

Warranty Deed recorded In Offictal Records Book 27358, Page 1304;

Warranty Deed recorded in Officlal Records Book 30779, Page 1127;

Quit Claim Deed, recorcied In Official Records Book 31714, Page 1398;

Quit Claim Deed, recorded in Officlal Records Book 31970, Page 1077.

This page Is only a part of @ 2016 ALTA Commitment for Tile insurance, This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Cominitment Conditions; Schedule A; Schedule B, Part | - Requirements; and Schedule B, Part il - Exceptions,

‘ORT Form 4590 8 1606 Rev. 8-1-18
Schedulo B I
‘ALTA Commitment for Tle tnsurenceApril Halle

From: April Halle  on behalf of April Halle

Sent: Monday, April 12, 2021 6:35 PM

To: jfulks@oldrepublictitle.com

Ce: admin@hallelawfirm.com; LPearson@lisapearsonpa.com; mlanden@klugerkaplan.com
Subject: M&S Jasmine Properties, LLC and Justin and Morgan Forer

Dear Ms. Fulks,

 

| represent the Sellers in the above-referenced transaction and would like to speak with you. | left a voicemail message
for you a few minutes ago. Please let me know what is a good time for us to talk.

 

have copied Buyer's counsel on this email. Thank you.

Sincerely,

April Halle ESQ.

2

;
callelaw
:
i

THE HALLE LAW FIRM PA
3101 N FEDERAL HIGHWAY
SUITE 401

FORT LAUDERDALE, FL 33306
P: 954.537.0466

F: 954.537.0467

E: ahalle@HALLELAWFIRM.COM
WWW.HALLELAWFIRM.COM

   
  

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN.
ERROR, DO NOT READ IT. PLEASE IMMEDIATELY REPLY TO THE SENDER THAT YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. THEN DELETE
IT. THANK YOU.9/30/21, 4:21 PM

rrom April Halle (ahalle@hallelawfirm.com) Apr 14 12:32 PM
to jfulks@oldrepublictitle.com.rpost.biz
ce admin@hallelawfirm.com.rpost.biz

nce
(R) RE: M&S Jasmine Properties, LLC and Justin and Morgan Forer

Dear Ms. Fulks:

As per my email to you on 4/12/21, we represent the Seller in the above-referenced transaction.

We received from Buyer’s counsel, your attached 4/9/21 email with 4 questions for Seller to answer. Below are
Seller’s answers to your questions. We previously sent Seller’s answers to Buyer’s counsel.

1.Who are the actual Members and Managers of the LLC from its formation to present.
« There are 2 Members. Ahmed Khalil (90% owner) and Samy Khalil (10% owner)
* There were 3 Members. The third member Salem Hassan Khalil Elkhodragi assigned his

membership interest to his son Ahmed Khalil on 4/8/21. The Transfer of Membership is attached.
¢ The company is member manged.

2.Whiat is/was the dispute and who made it

* The dispute was between the members over the terms of the “As Is” Residential Contract for Sale
and Purchase

3.Resolution of any and all disputes between those parties
« The dispute has been resolved
4 Satisfactory evidence of the identity of those Members and Managers

« Attached are the passports and driver’s licenses of the 2 members. Also attached is the passport of
Salem Hassan Khalil Elkhodragi who assigned his membership interest to his son Ahmed Khalil.

Please send me an email confirming that the underwriter Old Republic Title will accept the closing documents
signed and notarized by the 2 actual members.

Thank you.

Sincerely

April Halle ESQ.

 

3101 N FEDERAL HIGHWAY
SUITE 401

FORT LAUDERDALE, FL 33306
P: 954.537.0466

29/30/21, 4:21 PM

F: 954,537.0467

E: ahalle@HALLELAWFIRM.COM
WWW.HALLELAWFIRM.COM

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS ‘TRANSMISSION IN
ERROR, DO NOT READ IT. PLEASE IMMEDIATELY REPLY TO THE SENDER THAT YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. THEN DELETE
IT. THANK YOU,

—— Original message-----

From: "April Halle (ahalle@hallelawfirm.com)" [ahalle@hallelawfirm.com]
Sent: Monday, Apr 12 2021 10:35 PM

To: jfulks@oldrepublictitle.com

Subject: M&S Jasmine Properties, LLC and Justin and Morgan Forer

Dear Ms. Fulks,

I represent the Sellers in the above-referenced transaction and would like to speak with you. I left a voicemail
message for you a few minutes ago. Please let me know what is a good time for us to talk.

Thave copied Buyer’s counsel on this email. Thank you.

Sincerely,

April Halle ESQ.

   

CANE

am

   

A ea
THE HALLE LAW FIRM PA
3101 N FEDERAL HIGHWAY
SUITE 401
FORT LAUDERDALE, FL 33306
P: 954.537.0466
F; 954.537.0467

E: ahalle@HALLELAWFIRM.COM
Www. WEL IM

THE INFORMATION CONTAINED IN THIS TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR USE OF THE
INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY
DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN
ERROR, DO NOT READ IT. PLEASE IMMEDIATELY REPLY TO THE SENDER THAT YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. THEN DELETE
IT. THANK YOU.From: April Halle

To: Samy Khalil; officenetworkemail@qmail.com

Cc: Admin Assistant

Subject: FW: [EXTERNAL] 920 Jasmine Drive / Egyptian Sellers
Date: Friday, April 9, 2021 5:13:30 PM

Attachments: Transfer of Membership.odf

Image 20210322 132734.pdf

 

From: Lisa Pearson 
Sent: Friday, April 9, 2021 1:13 PM
To: Justin Forer ; Michael T. Landen ; Ms.

Danielle Blankstein ; morgan forer 
Subject: Fwd: [EXTERNAL] 920 Jasmine Drive / Egyptian Sellers

“EXTERNAL OF KLUGER KAPLAN*

 

neces Forwarded message ---------

From: Fulks, Jennifer 

Date: Fri, Apr 9, 2021 at 12:59 PM

Subject: RE: [EXTERNAL] 920 Jasmine Drive / Egyptian Sellers
To: Lisa Pearson 

CC: Danielle Blankstein, Esq. 

More information is needed

What has been provided to date is unsatisfactory. There is just too much risk for a property that is
free and clear and being sold for $1.5 million, the owners cannot be clearly identified and there are
possible disputes between those owners.

My options become very, very limited because ORT Headquarters has zero tolerance for any and all
disputes between owners/LLC Members and Managers and/or threatened or pending litigation.

At this time needs more information is needed to insure. Specifically the seller needs to provide the
following information:

e who are the actual Members and Managers of the LLC from its formation to present;

what is/was the dispute and who made it?

¢ resolution of any and all disputes between those parties;

« satisfactory evidence of their identity of those Members and Managers
Notes to file:
Samy Khalil and his wife, Bozena Pisla-Khalil purchased this property in 2015 for $1.1 million. Later in
November 2020, Samy Khalil formed M&S Jasmine Property LLC. Samy Khalil transferred this
property from himself individually to the LLC in December 2020 for minimal consideration and doc
stamps.
Other than the Articles of Organization and this “Transfer of Membership” dated 4/8/2021 there isnothing to indicate the names of the true Members/owners and Managers. Per the Seller
Information Sheet the Members are listed as Samy Khalil, Anmed Khalil, and Salem Khalil. Then there
is nothing to indicate the name of Salem Hassan Khalil Elkhodragi is one and the same as Salem
Khalil.
The Transfer of Membership shows arguably that Salem Hassan Khalil Elkhodragi owned 80% of the
membership interests in M&S Jasmine Property LLC. Salem Hassan Khalil Elkhodragi transferred all of
his shares to Ahmed Khalil.
Jennifer
Jennifer E. Fulks, Esq.
Florida State Counsel | Florida Legal Department
O: 813-228-0555 | FAX: 813-228-0301 | Toll Free: 800-342-5957
Mitel: 14860 | C: 813-853-1782
jfulks@oldrepublictitle.com
Old Republic National Title Insurance Company | Old Republic Insurance Group
1410 North Westshore Blvd. | Suite 800 | Tampa, FL 33607
oldrepublictitle.com
Important Notice: The information contained in this email is private and confidential. It is intended
only for the recipient(s) named above. If you are not named above or are not an agency of the
recipient(s), then you have received this email in error, and to review, distribute or copy this
transmission or its attachment(s) is strictly prohibited by federal law. If you have received this email
in error, please notify the sender by email immediately. If you are the proper recipient and this email
contains "protected health information", you must abide by the rules of the HIPAA and other privacy
laws that apply. Thank you for your attention to this notice.
From: Danielle Blankstein, Esq. 
Sent: Friday, April 09, 2021 11:18 AM
To: Lisa Pearson ; Fulks, Jennifer
Subject: [EXTERNAL] 920 Jasmine Drive / Egyptian Sellers
Hi Jennifer!
The member in Egypt sold or assigned his shares to the other 2 members, both of whom are located
in the US and can traditionally notarize.
The transfer/sale documents which were prepared and signed were done through a New York
Attorney. If that NY attorney signs an affidavit attesting to signing, would you accept that and what
would you require in Affidavit?
Let us know. Thank you!
Regards,
Danielle Blankstein, Esq.
Lisa Pearson, P.A.

688 Meridian Ave, 7th Floor
Miami Beach, FL 33139
Phone: 305-866-8655
Cell: 786.370.7112
Fax: 305.418.7553
Danielle@lisapearsonpa.com
Due to the recent increase in fraudulent activity, please ensure that no wire is sent to our office
without contacting Lisa Pearson or Danielle Blankstein by phone to verify our wiring instructions.All incoming and outgoing wire transfers to and from our office must be verified by phone.
***This message w/attachments (message) is intended solely for the use of the intended recipient(s)
and may contain information that is privileged, confidential or proprietary. If you are not an
intended recipient, please notify the sender, and then please delete and destroy all copies and
attachments, and be advised that any review or dissemination of, or the taking of any action in
reliance on, the information contained in or attached to this message is prohibited. ***

Regards,

Lisa Pearson, Esq.

 

Lisa Pearson, P.A.

1688 Meridian Ave, 7th Floor

Miami Beach, FL 33139

Phone: (305) 866-8655

Cell: (305) 467-7052

Fax: (305) 418-7553

E-mail: LPearson@LisaPearsonPA.com

Web: MiamiClosingAttorney.com

*“'This message w/attachments (message) is intended solely for the use of the intended recipient(s) and may
contain information that is privileged, confidential or proprietary. If you are not an intended recipient, please notify
the sender, and then please delete and destroy all copies and attachments, and be advised that any review or

dissemination of, or the taking of any action in reliance on, the information contained in or attached to this
message is prohibited.***