Preview
Filing # 157380528 E-Filed 09/14/2022 11:32:38 AM
IN THE CIRCUIT COURT, SEVENTH
JUDICIAL CIRCUIT, IN AND FOR
PUTNAM COUNTY, FLORIDA
CASE NO.: 22CA302
SMT PROPERTIES GROUP, LLC.,
Plaintiff,
Vv,
BETTY JEAN MONTGOMERY;
WILLIAM PAUL HARBIN; AND ALL
UNKNOWN PARTIES CLAIMING INTERESTS
BY, THROUGH, UNDER OR AGAINST A
NAMED DEFENDANT TO THIS ACTION,
OR HAVING OR CLAIMING TO HAVE ANY
RIGHT, TITLE OR INTEREST IN THE
PROPERTY HEREIN DESCRIBED,
Defendants.
~
COMPLAINT TO QUIET TITLE
COMES NOW, Plaintiff, SMT PROPERTIES GROUP, LLC., by and through the
undersigned attorney, and sues Defendants, BETTY JEAN MONTGOMERY; WILLIAM PAUL
HARBIN; AND ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR
CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN
DESCRIBED, all alleges as follows:
1 This is an action to quiet title to real property that exceeds the $30,000.00 in value
in Putnam County, Florida.
2, Plaintiff owns the following described real property in Putnam County, Florida:
PT OF GOVT LOT 6 OR222 +, OR226 P11 (EX OR836 P794)
PARCEL IDENTIFICATION NUMBER 02-12-27-0000-0230-0120
(the “Property”)
3 Plaintiff obtained title as follows:
a. On June 26, 2001, J.-L. Hogan, the Un-remarried Widower of Margaret
Hogan, deceased conveyed the Property to Paul Harbin and Betty Montgomery.
The Warranty Deed was recorded in Official Records, Putnam County, Florida,
Electronically File BPM BOER Page dépaSodt RAB Har BITS IES attached as Exhibit A.
b A Tax Certificate, #20180001443 was issued on June 1, 2018, for this
property in Putnam County, Florida, and an application for the issuance of a tax
deed was made. The applicant paid or redeemed all other taxes or tax certificated
on'the land. A Notice of Sale was published, and no person(s) entitled appeared to
redeem the land. On November 18, 2020, the land was offered for sale and was
sold to Plaintiff. The Tax Deed was recorded on November 18, 2020, in Official
Records Book 1597, Page 425 of the Public Records of Putnam County, Florida.
A copy of the Tax Deed is attached as Exhibit B.
4 Immediately on the recording of the tax deed to Plaintiff, Plaintiff took possession
of the Property and has held possession of the Property under a claim of title exclusive of any
other right and founded on the tax deed.
5 Issuance of a tax deed fails to create marketable title in Plaintiff, so Plaintiff is
unable to convey, mortgage, or otherwise deal with the Property based on marketable title unless
Defendants’ claims as the owner of the Property prior to issuance of the tax deed is extinguished
by this action.
WHEREFORE, Plaintiff demands Judgement against Defendants quieting title to the
property.
By: GEL et
MATTHEWC.
Florida Bar Numbér: 0884561
109 S. 6" St., Suite 200
Flagler Beach, FL 32136
Telephone: (386) 439-2332
Fax: (386) 439-6522
Email: gal.com
pleadings 5 o
ATTORNI Y FOR FF
EXHIBIT A
4 This Warranty Deed + OFFICIAL RECORDS + tof?
BK 864.8 Pe 1438 wn oe
ss
pel00 Made this Qi day of JUNE AD. 2001 ||
pd oe. by 3. UL. Hogan,
Margaret Hogan, deceased
the Unremarried Widower of
I
ae Doc Stamps $238.00
| hereinafter called the grantor, Intangible Tax_ $.00
aul Harbin and Betty Montgomery———
|| DocumentaryTax PO. BBE
whose post office address is: of Ci
82 Vandewood Dri:
Phonotossa, Florida 33592
{
|) hereinafter called the grantee: Lo pein
| ‘(Whenever used herein the tert “grantor” and “grantee” include all the partes to this instrument and the
{ Deir, legal representatives and assigns of individuals, and the successors and assigns of corporations)
Witnesseth, that the grantor, for and in consideration of the sum of$ 10.00
and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,
| releases, conveys and confirms unto the grantee, all that certain land situate in Putnam
County, Florida, viz:
i See Schedule
hereof
A attached hereto and by this reference made a part
TOGETHER WITH A 1980 CONCORD Mobile Home, Title #17425889,
I.D. #3300601364, and permanently affixed thereon.
Subject to covenants, restrictions and easements of record. subject
also to taxes for 2001 and subsequent years.
Parcel Identification Number: 02-12-27-0000-0230-0120
Together
with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;
that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants
the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said fand is
t free of all encumbrances except taxes accruing subsequent to December 31,
| In Witness Whereof, the said grantor has signed and sealed these presents the day and year first above
written.
Signed, sealed and delivered in our presence.
eZ 2 ee Deere Mio {rs}
ae ness ae ea TES Wogan
ETS Ls
TsrWitness
UOgELL O
PRINTED NAME ae oe oe lS)
well, Mada See TTR eee a Lis]
Le wett, ClaadocF Sarre fs)
Wha Witness “prinrep nae Sellers address:
State of TOWA
— 3085 F52 Trad
County of awe Parwel, IA 52525
‘The foregoing instrument was acknowledged before me this 2lo_ day of JUNE 2001 by
o, lL, Hogan, the Unremarried Widower of Margaret Hogan, deceased
who is personally known to me or who has produced dcS¥ev's Leense as identification,
tates cr cee ~
Notary Public
Print Naan: ae land
PREPARED BY; Sharyn L. Tourville My Commission Expires:
Associated Land Title Group, Inc.
a
P.O, Box 692, Palatka, FL 32178-0692
File No. 300-01419 ore
WD RECORD AND RETURN 10:
5193 Paul Harbin and Betty Montgomery
82 Vandewood Drive
Phonotossa, Florida 33592
# OFFICIAL REOORDS + 20¢2
_. BK 861.6 PG 1439
a ~
Schedule A
A tract of land situate in Govenment Lot 6, Section 2, Township
12 South, Range 27 East, being described as the Bast 80.0 feet
of the West 750.0 feet of the North 132.0 feet of the South
528.0 feet of Government Lot 6, in Section 2, Township 12 South,
Range 27 East, Putnam County, Florida. The South 15.0 feet to be
used for road.
Grantors herein hereby give free access to the boat ramp at the
end of the road at the edge of Lake Crescent.
AND
A tract of land situate in Government Lot 6, in Section 2,
Township 12 South, Range 27 East, being described as the East
80.0 feet of the West 670.0 feet of the North 132.0 feet of the
South 528.0 feet of Government Lot 6 in Section 2, Township 12
South, Range 27 East, Putnam County, Florida.
The South 15.0 feet to be used for road. The Grantors herein
hereby give free access to the boat ramp located at the end of
the road.
LESS AND EXCEPT the West 40 feet of the above described parcel.
Verified By: es/as
GRANTOR HEREIN AFFIRMS THAT HE AND MARGARET HOGAN WERE
CONTINUOUSLY AND UNINTERRUPTEDLY MARRIED FROM THE DATE
THEY ACQUIRED TITLE ON MARCH 9, 1979 THROUGH AND INCLUD-
ING THE DATE OF HER DEATH ON APRIL 29, 1987.
FILE # 416320
— ———
Rod: ful— 22004@ 09:25AT
fx,
HONORABLE TIM SMI TH, CLERK OF COURT,
Se cae va ~ nisin
File No: 300-01419
EXHIBIT B
Inst. Number; 202054021068 Book: 1597 Page: 425 Page 1 of3 Date: 11/18/2020 Time: 2:49 PM
Tim Smith Clerk of Courts, Putnam County, Fiorida Doc Deed: 148.40 -
DR-$06 R. 04/16
Rule 12D-16,002
Florida Administrative Code
Ef 04/16
Tax deed file number 20180001443 Inst: 228402 1068 Date: 11/1/2020 Time: 2:49PM Doe Stamp.
Parcel ID number 02-12-27-0000-0230-0120 Deed: 148.40 By: DW. DC. Tim Smith, Putnam, County Pa we fof|
30: 97 Ps 425 i
TAX DEED
eis ow oe
Putnam County, Florida
kn. nmin ve
FOR OFFICIAL USE
Tax Certificate numbered 20180001443 issued on June June. 2018, was filed in the office of the tax collector of
Putnam 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 18th day of November, 2020, the land was offered for sale. It was sold to SMT PROPERTIES GROUP
LLC address 109 §, RIVERWALK DR... PALM COAST, FL 32137, who was the highest bidder and has paid the sum of
the bid as required by the law.
5
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:
PT OF GOVT LOT 6 OR222 P523 +, OR226 P11 (EX OR836 P794)
PARCEL NUMBER 02-12-27-0000-0230-0120
On November
_18, 2020, in Putnam County, Florida, for the sum of ($211 10.00) Twenty-OneT! nd. One Hundres
ee paid as required by law.
(Withess: Donna Wheeler
\‘
.
oa
in t Downes
Tami Thomas, Deputy Clerk
Putnam County, Florida
(seal) a Mase
wsef
Lp Ui 9
itness: Debbie inson
Putnam County, Flerida
On this 18th day of November, 2020, before me personally appeared Tami Thomas, Deputy Clerk, Clerk of the Circuit
Court or County 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. \ “oF 00
f
jebbie Wilkinson, Deputy Clerk Putnam County, Florida
‘This instrument Prepared by: ‘i
Debbie Wilkinson, Deputy Clerk ‘
Circuit Count of Putnam County, Florida
P.O. Box 758, Palatka, Florida 32178-0758
Inst. Number: 202054021068 Book: 1597 Page: 426 Page 2 of 3 Date: 11/18/2020 Time: 2:49 PM
Tim Smith Clerk of Courts, Putnam County, Florida Doc Deed: 148.40 ce
CERTIFICATE OF MAILING
(Certificate required pursuant to Florida Statutes 197.522 (1)(c)
STATE OF FLORIDA ss.
COUNTY OF PUTNAM
1, Tim Smith, Clerk of the Circuit Court of said COUNTY of PUTNAM, STATE
of FLORIDA, did on October 2nd, 2020 mail notice to:
BETTY MONTGOMERY C/O PAUL HARBIN, 28523 SONNY DR, WESLEY CHAPEL FL 33544-3310
HARBIN PAUL, 28523 SONNY DR, WESLEY CHAPEL FL 33544-3310
HARBIN PAUL, 82 VANDEWOOD DR, PHONOTOSSA FL 33592
HARBIN WILLIAM PAUL, 28523 SONNY DR, WESLEY CHAPEL FL 33544
MONTGOMERY BETTY, 82 VANDEWOOD DR, PHONOTOSSA FL 33592
PUTNAM COUNTY, C/O COUNTY ATTORNEY STACEY MANNING 2509 CRILL AVE STE 200,
PALATKA FL 32177
PUTNAM COUNTY CODES ENFORCEMENT, 2509 CRILL AVE STE 200, PALATKA FL 32177
UNKNOWN TENANTS, 114 SMITH LANE, CRESCENT CITY FL 32112
of application for Tax Deed on Certificate No. 20180001443, on the following described
property in the COUNTY OF PUTNAM and STATE OF FLORIDA, TO WIT:
PT OF GOVT LOT 6 OR222 P523 +, OR226 P11 (EX OR836 P794)
PARCEL NUMBER 02-12-27-0000-0230-0120
TIM SMITH,
CLERK OF CIRCUIT COURT
F COU -
%5.) hoe,
Ss
se
jeputy Clerk
Ulu
cc a
Inst. Number: 202054021068 Book: 1597 Page: 427 Page 3 of 3 Date: 11/18/2020 Time: 2:49 PM
Tim Smith Clerk of Courts, Putnam County, Florida Doc Deed: 148.40 anne en
ee
PROOF OF PUBLICATION
Putnam County Courier Journal
PUBLISHED WEEKLY
CRESCENT CITY, PUTNAM COUNTY, FLORIDA
STATE OF FLORIDA:
COUNTY OF PUTNAM:
Before the undersigned authority personally appeared Carrie Jones,
who on oath says that she is the General Manager of the Putnam County i
Courier Journal, a weekly newspaper published at Crescent City, in LEGA ROTEE
NOTICE OF APPLICATION
Putnam County, Florida: FOR TAX DEED.
NOTICE 1s HEREBYSY GIVEN,
that NETTLES TROY A the
That the attached copy of advertising, being a LEGAL NOTIC: in holder of the following ceitif-
cale has filed said certificate
the matter of NOTICE 2 OF OF APPLICATION
APPLICATION FOR 1 X DEED — for a tax to be issued
FC thereon. The certific ate num
ber and year of issuance, the
CERTIFICATE Ni 0180001443 in the Circuit Court as published description of the
the names in which ft was as-
in the said newspaper in the ue(s) of, 0/28. sessed are as,
11/04/2020 Certificate Number 0001443
#2020 Affiant further says that the said Putnam County Courier Year of fssuance 2018
Journal is a newspaper published at Crescent City in said Putnam County, cription of Property.
Florida, and that the said newspaper has heretofore been continuously BLOF Govr Lor @ ORz22
OR836 P77! 26 PIT (EX
published in said Putnam County, Florida, each Wednesday and has been PARCEL UMBER 02.12.27.
entered as second class mail matter at the post office in Crescent City, in
said Putnam County, Florida, for a period of one year next preceding the Bar
GoM
agurneh ae TTYsssedMONT:
HAR-
first publication of the attached copy of advertisement and affiant further
GIO PAUL HARBIN,
says that he has neither paid nor promised any person, firm or corporation bei nn
SS Ray
Sinte of Florida,
any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper. Lifcate or cartifica tes Such shallbe
cor.
yemed ecc ard to
ing
Ca
the Propary described in such law
‘ certficat
sold10 ho ighedt baer OR
UNE at we pulnam seatiax.
a LtLe_ .com
CULy November. on2020the, al 18th10, 00,di lay M,of
Dates
Sworn to and subscribed before me this Vb day of October, 2020 this 2nd day
Of November A.D. 2020 CLERK, cincuT 1
PUTNAM ‘COUNTY, FLORIDA
+>
8y: 18 Debbie wikinae,
bdef You can
uly CI
(Signature of itary public) or nfine at find more information
two ulna Acom
tw
oot se 10/4, 10/21, 10728. 4114/2020
i dE GO0dmaN
Notary Public - State of Fonda ~ roma
Commission # GG-951192
ore My Comm, Expires
Bonded through Nattonal Janota26, ane
2024
(Name o} lary typed. pri or stampe
Personally Known x. or Produced Identification
Type of Identification Produced crate nimren einem
‘Tax Deed Number: 2018-0001443
j|
PROPERTY INFORMATION REPORT
for
This Property Information Report certifies unto The Putnam County.Tax Collector, that a search has been conducted
docum information appearing in the Official Records of Putnam
or ents County, Florida as described in Section 28.222
A
Florida Statutes affecting the property identified below. This report is being issued upon application by: NETTLES TROY
the
in accordance with §197.502 F.S. for the purpose of the Tax Collector informing the Clerk of the Courts of those persons
‘Clerk of the Courts is required to notifyprior to the sale of the property when the Holder of a Tax Certificate makes
application for Tax Deed.
2018-0001443 §2-12-27-0000-0230-0120 a 05/18/2020
tion:
PT OF GOVT LOT 6 OR222 P523 +, OR226 P11 (EX OR&36 P794) “
Parcel
911 Adaress:.
114 SMITH LN, CRESCENT CITY 32112 / i
i
Current Assessment Information:_
Roll Year: 2019 v’ Assessed Value: $36,410
Tax ent
Curr J Property Use: 00200-MOBILE HOME x
Current Taxes Paid: Yes Exemption Status: No Structures:4
Exemption Type: Mobile Home(s): 1
st ssed to 7.50: S.J:
RARDIN PAUL + BETTY MONTGOMER Y C/O PAUL HARBIN
28523 SONNY DR
WESLEY CHAPEL, FL 33544-3310 /
ral Titleholder{s) 197.502(4, ES
WD ORB 861 PG 1438
/
WD ORB 861 PG 1438
MONTGOMERY BETTY
vO
HARBIN PAUL
82 VANDEWOOD DR 82 VANDEWOOD DR
PHONOTOSSA, FL 33592 PHONOTOSSA) FL 33592
Lienholder(s) of record (§19. (4) ‘c), (2) an
ORD ORB 1479 PG 1844, ORD ORB 1533 PG 1919
PUTNAM COUNTY CODES ENFORCEMENT
2509 CRILL AVE STE 200
PALATKA, FL 32177
Legal-Titleholder(s) to lands contiguous to the above-described property (§197.502(4) (h) F.S.):
None
Others to
ORD ORB 1479 PG 1844, ORD ORB 1533 PG 1919
PUTNAM COUNTY
C/O COUNTY ATTORNEY STACEY MANNING 2509 CRILL AVE STE 200
PALATKA, FL 32177 ~
UNKNOWN TENANTS
114 SMITH LANE
CRESCENT CITY, FL 32112
TaxDeed Number: 2018-0001443
STATEMENT ON STATUS OF A MOBILE, HOME(S)
After a reasonable search and to the Title Company's best knowledge and belief:
Is there a Mobile Home on the subject property? Yes (X)No( )
he abil Home id ed inthe n of Title (Deed eal roperts Yes (X)No( )
None |
Decal Number.
3300601384 17425869 RO148169
form on obtained from perty Appraisers eco Yes (X)No( )
Was any labile Home
None
Decal Number:
3300801364 17425869 RO148169
obile Ho ertificate of Tit) tered with the DMV we located Yea (X)No( )
HARBINWILLIAM PAUL
28523 SONNY DR
WESLEY CHAPEL, FL 33544
MinéSerial Number:
3300601364 417425889 0148169
older. tien and addre. fied b Motor icles ecords mntity
Foti fe asi Mee Hone lsd on te cr each he ax Cael rt ert sad
None :
Page
3 of 4
Tax Deed Number: 2018-0001443
This report is based on informati jon gleaned from the Official Records of Putnam County, Florida in accordance with the
requirements of Florida Statute 1 97.502, no opinion is rendered on the marketability of title and this report does not contain
matters not available from properly indexed public records including matters an accurate survey would reveal,
taxes and
District Court not indexed in
assessments unavailable from the Tax Collectors normal | records and any matters of Federal
Putnam County records. This Report does not constitute title Insurance as defined In Se24.608, F.S.
Prepared by:
Gullett Title
401 St. Johns Avenue
Palatka, FL 32177
\\it horped YX) O
By:
a SSignatory
i T.
This report was prepared in accordance with 197.502 for a pending tax deed application. This report is solely for the use
and benefit of the Tax Collector and Clerk of Courts for Putnam County, Florida. It does not constitute a title search for any
other purpose. This should not be relied upon by any other persons.
This report is not title insurance. Pursuant to s. 627.7843, Florida Statutes, the maximum liability of the issuer of this
property information report for errors or omissions is limited to the amount paid for this property information report, and is
further limited to the person(s} expressly identified by name in the property information report as the recipient(s) of the
property information report.
Page
4 of 4