Preview
Filing # ME E-Filed 05/23/2022 04:34:13 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR HENDRY COUNTY, FLORIDA
CAREER FINANCIAL CORP., Case No.
Plaintiff,
-VS-
LUCY IRBY,
Defendant.
COMPLAINT TO QUIET TITLE
Plaintiff, CAREER FINANCIAL CORP., sues Defendant, LUCY IRBY, and
alleges:
1 This is an action to quiet title to real property in Hendry County, Florida,
that was acquired through a tax deed.
2 This action is brought pursuant to Fla. Stat. 865.081 (2021).
3 This Court has equity jurisdiction under Fla. Stat. §65.081(1),
§26.012(2)(c)(g) (2021).
4 Plaintiff deraigns title to the real property as follows:
(a) Plaintiff acquired fee simple title to the following real property in Hendry
County, Florida, under a tax deed recorded on June 30, 2020 in Official Record Book
978, at Page 1774, of the Public Records of Hendry County, Florida:
LOT 23, BLOCK 2124, OF PORT LABELLE UNIT 3, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 3, PAGE 73, OF THE PUBLIC
RECORDS OF HENDRY COUNTY, FLORIDA.
A copy of said recorded tax deed is attached as Exhibit A.
Electronically Filed Hendry Case # 22000291CAAXMIX 05/23/2022 04:34:13 PM
(b) Defendant LUCY IRBY is the last known holder of the record title to the
real property prior to the issuance of the tax deed to Plaintiff. Said Defendant held
record title to the real property under a trustee’s deed recorded on June 16, 1992 in
Official Record Book 485, at Page 344, of the Public Records of Hendry County, Florida.
A copy of said recorded trustee’s deed is attached as Exhibit B.
(c) Any interest of Defendant LUCY IRBY in the real property vested and
existed prior in time to the issuance of the tax deed to Plaintiff and, as such, was
extinguished by said tax deed.
5 There is a cloud on the title to the real property as there is a tax deed in
the chain of title.
6 Under Florida law, no right or interest of Defendant that predates the tax
deed to Plaintiff survives the issuance of said tax deed, Fla. Stat. §197.552 (2021), and
no defense to this action or attack upon the tax deed to Plaintiff shall be made except
that the taxes assessed against the property were paid by the former owner(s) before
issuance of said tax deed. Fla. Stat. 865.081(3) (2021).
7 Any and all claims, rights, title, and interests of Defendant in or to the real
property have been extinguished by the tax deed to Plaintiff; Plaintiff is the true record
title owner of the real property and is its legal and equitable owner in fee simple; and,
Plaintiff is entitled to have title to the real property quieted and confirmed in Plaintiff
under Fla. Stat. 865.081 (2021).
8 Alternatively, if a party successfully challenges the validity of the tax deed
to Plaintiff, then Plaintiff is entitled to reimbursement from that party for all amounts,
taxes, interest, legal expenses, fees, fair cash values, litigation expenses, and attorney
fees delineated in Fla. Stat. 8197.602 (2021), and this action is to foreclose Plaintiff's
prior lien on the real property for said sums pursuant to Fla. Stat. §197.602 (2021).
WHEREFORE, Plaintiff, CAREER FINANCIAL CORP., being without remedy
save in a court of equity, demands FINAL JUDGMENT against Defendant LUCY IRBY:
A Adjudicating and declaring that fee simple title to the real property is and
shall forever be quieted, confirmed, and vested in Plaintiff;
B Adjudicating and declaring that any and all claims, rights, title, and
interests of Defendant, and those claiming by, through, or under Defendant, in or to the
real property are and shall forever be canceled, extinguished, and null and void;
Cc Adjudicating and declaring that Defendant, and those claiming by, through,
or under Defendant, are and shall forever be permanently enjoined from asserting any
claim, right, title, or interest in or to the real property;
D In the event the tax deed to Plaintiff is determined by the Court to be
invalid, adjudicating and declaring that the party successfully challenging the validity of
said tax deed shall reimburse Plaintiff for all amounts, taxes, interest, legal expenses,
fees, fair cash values, litigation expenses, and attorney fees delineated in Fla. Stat.
§197.602 (2021), and if said sums are not paid that Plaintiff's prior lien on the real
property for said sums be foreclosed pursuant to Fla. Stat. §197.602 (2021); and
E Granting such other and further relief as the Court deems equitable, just,
and proper.
ALBERTO A. MACIA, ESQ.
Fla. Bar No. 0378453
Attorney for Plaintiff
3129 Carriage Circle
Naples, Florida 34105-2700
Telephone: 239-248-9150
Email: albertoamacia@ gmail.com
Inst. Number: 202026006620 Book: 978 Page: 1774 Page 1 of 4 Date: 6/30/2020 Time: 2:39 PM
Kimberley Barrineau, Ad Interim Clerk of Courts, Hendry County, Florida Doc Deed: 38.50
DR-506 R. 04/16
ule 12D-16.002
Florida Administrative Code
Eff. 04/16
Tax deed file number 20-201
Parcel ID number 4104329-03021240230
TAX DEED
_
Inst: 202026006620 Date: 06/30/2020 Time PM
Page 1 of 4 B: 978 P: 1774, Kimberley Barrineau,
Clerk of Court Hendry, County, By: KB
Hendry County, Florida Deputy ClerkDoc Stamp-Deed: 38.50
For official use only
Tax Certificate numbered 17-3812 issued on
May 26 2017, was filed in the office of the tax collector of Hendry County, Florida. An
application has been made for the issuance of a tax deed. The applicant has paid or redeemed all other taxes or
tax certificates on the land as required by law. The notice of sale, including the cost and expenses of this sale,
has been published as required by law. No person entitled to do so has appeared to redeem the land. On the 25th
day of June 2020, the land was offered for sale. It was sold to Career Financial Corp.
address 4501 North Birchwood Parkway, LaBelle, Florida 33935
who was the highest bidder and has paid the sum of the bid as required by law.
The lands described below, including any inherited property, buildings, fixtures, and improvements of any kind
and description, situated in this County and State.
Description of lands:Lot 23, Block 2124, of Port LaBelle Unit 3, a subdivision according to the plat thereof, as
recorded in Plat Book 3, Page 73, Public Records of Hendry County, Florida.
On June 25 2020, in Hendry County, Florida, for the sum of (: ‘$ 5,500.00 )
Five Thousand Five Hundred Dollars & 00/100 Dollars
the amount paid as required by law.
4
49, Ae
Witnesses: 4A4é. (Seal)
‘Ad Interim Clerk ‘Court and Comptroller
cL” Hendry County, Florida
feng, County, Florida
On this. day of LAX, 20: before me personally appeared Kimberley Barrineau
AD Interim Clerk of the’Circuit Court and Comptroller in and for the State and this County known to me to be the
person described in, and who executed the foregoing instrument, and acknowledged the execution of this
instrument to be his own free act and deed for the use and purposes therein mentioned.
Witness my hand and office seal date aforesaid Core hTn-
Notary Public, State of Figtiga
This instrument prepared by:
Kimberley Barrineau harcn A Congleton
AD Interim Clerk of Circuit Court
PO Box 1760 at Nae SHARONA. CONGLETON
(Ne. Notary Public - State
of Florida
LaBelle, FL 33975 = Commission # GG 281224
BAe My Comm, Expires Mar 26, 2023
Exhibit A jonded through Nationai Notary Assn.
Inst. Number: 202026006620 Book: 978 Page: 1775 Page 2 of 4 Date: 6/30/2020 Time: 2:39 PM
Kimberley Barrineau, Ad Interim Clerk of Courts, Hendry County, Florida Doc Deed: 38.50
FILE #:20-201 e e
CERTIFICATE OF MAILING _#17-3812__
STATE OF FLORIDA Inst: 202026006620 Date: 06/30/2020 Time: 2:39PM
Page 2 of 4 B: 978 P: 177: berley Barrinean,
COUNTY OF HENDRY Clerk of Court Hendry, County. KB
Deputy ClerkDoc Stamp-Deed: 38.50
1, Kimberley Barrineau, Ad Interim Clerk of the Circuit Court of Hendry County, Florida, do hereby certify that
on the 20th day of May,2020 I mailed a true and correct copy of the Notice of APPLICATION FOR TAX DEED
contained in the above and foregoing proof of publication thereof to:
Name Lucy Irby » Property Owner
Address 1316 5" Street NE ESCHT
City, State, Zip Winter Haven, Florida 33881
Name County of Hendry Certificate Holder
Address Hand Deliver
City, State, Zip
Name Jolene Funding LLC Certificate Holder
Address 17072 Northway Circle 7 S67
City, State, Zip Boca Raton, Florida 33496
a
Name Sheriff of Polk County Service of Pro
Address 1891 Jim Keene Blvd HESOFA
City, State, Zip Winter Haven, Florida 33880
Name Hendry-Glades Sunday News Publication
Y
Address P.O. Box 577 H Fel
City, State, Zip LaBelle, Florida 33975
Name Port LaBelle Community Contiguous Property Owner
Development terces
Address P.O. Box 1605
City, State, Zip LaBelle, Florida 33975
Name Jeffrey R Onorato Contiguous Property Owner
Address 2010 Ft Denaud Road
LaBelle, Florida 33935
HEStra ~
City, State, Zip
Name Wheeler Farms Contiguous Property Owner
Address P.O. Box 2715 tt F705 ~
City, State, Zip Lake Placid, Florida 33862
Inst. Number: 202026006620 Book: 978 Page: 1776 Page 3 of 4 Date: 6/30/2020 Time: 2:39 PM
Kit erley Barrineau, Ad Interim Clerk of Courts, Hendry County, Florida Doc Deed: 38.50
. e @
Filed 20-201 Certificate of Mailing _ Cert## 17-3812 Pase#3 _
~ Inst: 202026006620 Date: 06/30/2020 Time: 2:39PM
Page 3 of 4 B: 978 P: 1776, Kimberley Barrineau,
Clerk of Court Hendry, County, By: KB
Deputy ClerkDoc Stamp-Deed: 38.50
WITNESS my hand officially and the seal of my office at the Hendry County Courthouse, LaBelle, Florida, this
20th day of May, 2020.
KIMBERLEY BARRINEAU
Ad Interim Clerk of the Circuit Court,
Hendry County, Fl
By: Grect ake
Janet Hatfield, Deputy Cferk
Inst. Number: 202026006620 Book: 978 Page: 1777 Page 4 of 4 Date: 6/30/2020 Time: 39 PM
Kit —
Inst: 202026006620Date: 06/30/2020 Time: OPM.
Page 4 of 4 B: 978 a7 Kimberley Barrineau,
Clerk of Court Hendry, ‘ounty, By: KB
Deputy ClerkDoc Stamp-Deed: 38.50 Hendiry-Glades
SUNDAY NEWS
Box 577
LaBelle, FL.33975
863 673-3973
Published weekly in LaBelle, Florida
AFFIDAVIT OF PUBLICATION
County of Hendry, County of Glades
‘State of Florida
Before the undersigned authority personally appeared Raoul Bataller who
‘on oath says he is the publisher of the Hendry-Glades Sunday News, a
tehYEE Hon) F RTax
wiweekly newspaper published at ras intort County, Florida, that the
NOTICE OF APPLICATION
FECL. Dee d
FO) In the matter of rm les 20- 20!
« FILE #20-201
x 197.512 Florida Statutes
NOTICE IS HEREBY GIVEN
THAT HENDRY COUNTY, the holder
of the following certificate has filed said Leby
i | LY
certificate for a tax deed to be issued
thereon. The certificate number, yearof Inthe _ Court was p lished in s aid news| jer in
issuance, description of property and the
name in which it was assessed are as fol- wnoicswes D241, S131, Co 1,6 feo2o
lows:
Cert. No. 3812 Year 2017 Affiant further says that the said Hendry-Glages Sunday News is a newspa-
Name in which assessed: Lucy Irby per published in LaBelle in said Hendry County, Florida and that the said
newspaper has theretofore been continuously published in said Hendry and
Description: 4-10-43-29-030-2124- Glades Counties, Florida, each week and has been entered as periodicals
matter at the post office in LaBelle/Clewiston in said Hendry County Florida
Lot 23, Block 2124, of Port LaBelle
Unit 3,a subdivision according to the for a period of one year next preceding the first publication of the attached
plat thereof, as recorded in Plat Book copy of advertisement, and affiant further says that he has neither paid for
3, Page 73, Prblic Records of Hendry promised any person, firm or corporation any discount, rebate, commission
‘County, Florida. of refund for the purpose of securing this advertisement for publication in the
said newspaper.
Unless such certificate shall be re-
deemed according to law, the Sworn to and subscribed before me this
described in such certificate will be sold
to the highest bidder at the Clerk's Of-
fice, 2nd Floor, Administration Wing, | oF Ryct swe 2020, by
LaBelle, Florida, at 11:00 A.M., on
Fourth Thursday in the month of June,
2020, which is the 25th day of June, a —— ee
‘Dated this 20th day of May, Raoul Bataller
Kimberley Barrineau Printed Name
‘Ad Inerim Clerk of Cireuit Court Who i€Gersonall) known to me or has produced
Hendry County, Florida as iden-
\tifigation
Signature ot Notary:
Linda S. Elkins
NOTARY PUBLIC
‘STATE OF FLORIDA
Commit GG039516
Expires 10/17/2020
ee
4-3. 42 eo 22) DS gue er Go
‘esevea fuse by Ce at Cour
‘THIS INSTRUMENT PREPARED BY: TRUSTEE’S DEED
MABCGA UGLY Cerpenta Coat
‘Ate Gt Cormumens Copan
2001 5 Sere Ome
rm, Pann 23122
WITH THIRD PARTY WARRANTY
TO02 747 639560
Propeny Appraiser's Parcel| # 241043 2903021249230) Orr
Grantwe {5} 8.8. # (s) REC 0485p 0344
‘THIS DEED, made this 21st day of APRIL 1992 by NCNB NATIONAL BANK OF FLORIDA, a national banking
‘essociation, duly organized and existing by vietve of the of the United States, as Trustee Under Trust No. 6-01-009-004 1954
whose post office adévass is 400N. Ashley Drive, 6th Floor: Tampa, FL 33602, hereinafter cated the Grantor, te
Lucy kay
‘whose post office address is:
L3lo STH STREET NE
DOCUMENTARY STAMP Tax PAID $ 3% MINTER HAVEN, FL 33381
IcLeRK CIR T C6: 1 HEND: COUNTY, FLA, x PF
BY, pc. pate Y-1G-99- wo
|WITNESSETH: That the Grantor. for and in consideration of the sum of ten dollars and other good and valuable c@ideration mnt whereat i heteby
acknowledged, hereby grants, bargains, sells and conveys unto the Gi ‘ail of Grentor's nght, title and interests that certain resi propery sitvate in
HENORY County, Florida, ore particularly de bed 8 follows:
Lot 23 9 ALOCK 212%, OF PART Lba* BELLE UNIT Be A
SUBDIVISION ACCIKOING TO THE PLAT THERENF, AS RECORDED
TN PLAT 300« Sy PAGE Tq NE THE PUALIC RECCROS OF 92 C5975
HENDRY COUNTY» FLORTOAS
‘Together with all the tenements, hereditamants and appurtenances thereto belonging or in anywise appertaining.
‘TO HAVE ANO TO HOLD the same in feo simple forevar.
In consideration of the foregoing, ATLANTIC GULF COMMUNITIES CORPORATION, 2 are corporation authorized to do business in the State of
Florida, formerty known es General Development Corporation, herematter caliad Acianuc Gulf, joints 4th srecution of ths document to fully warrant
‘the ti to said land and fuly defend the same against the lawful claims of all persons whomscever, 6 fully and completely a8 though it were the
Grantor horoundor and were executing a warranty deed with full common law covenants.
‘SUBJECT TO: Oi, gat and mineral reservations of record, if any: easements, covenants and restrictions of public record common ta the neighborhood:
Property Owner's Associion, if any; special assessments of taxing districts ony: impact fees, if any; applicable roning and ordinances: and the right of
surface access to the property For the purpose of completing land development work within the area surrounding the proserty {including the right ta remove
‘any soil deposited by Atiantic Gulf Communities Corporation) up to the time 2 building permit has beon issued for the construction of a structure upon
‘the property and the fen for property taxes for the year's) 1992
IN WITNESS WHEREOF, Grantor and Atlantic Gull have feunto set thew hands and seals the day and year fist abave wittn:
Sines nd ct presence at NCN@ NATIONAL BANK OF FLORIDA. As Trustee under
“Trust No. 3 09; 1954
EAN? By: aGRE | T. SAROZINSKT
Uiriiness: HELEN E. JOSEPH
Sa /nesle snl ti “Ryne presence ot: ATLANTIC GULF COMMUNITIES CORPORATION, formarty
no General Development Corporation.
iM Ia) YERO
‘Wieness SARAH
L. BA OFFICER? JE. NASSETT
STATE OF FLORIDA, COUNTY OF HILLSBOROUGH ss:
‘Tne foregoing instrument was acknowledged betore me by GREGORY Te SARUZINSKE who is personaly known to
me and who did not take an oath, on this 21st doyof APRIL 19 92 asthe VP ETrust Officerof NONE.
NATIONAL BANK OF FLORIDA, 2 national banking association, duly organized and ousting by virtua pt the laws of the United States, on behall of 3516
national banking association, as Testes under Trust No. 06-91-099-40.31A 54 <
14
NOTARY PUBL!
‘fiill Wied,
State of Fo ot Large aed case u
STATE OF FLORIDA, COUNTY OF DADE! ss: e
ne pest eye “
‘The foregoing instrument was acknowledged before me by JEAN MASSETTy it
ma and who did not take an oath, on thie AIST dsyot APE as the Doeding Otlicer of ATLANTIC
GULF COMMUNITIES CORPORATION, 9 Delaware corporation authorizednee to Wo busin inthe suai own as Ganeral Development
Corporation, on behalf of the corporation. | Return Tor “ 42
American Tite Co. ay
FS Luce th fsfxg be ros Eu
18 N, 2nd Sect
Fort Perce. FL 34950 ‘state of tant je IC STATE OF | .ORIOK
yen
Exhibit B