Motion,Ex Parte: DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE vs. ALLEN, YVETTE B

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                                Filing # 188717085 E-Filed 12/27/2023 03:22:02 PM


                       IN THE CIRCUIT COURT FOR THE NINTH JUDICIAL CIRCUIT
                              IN THE IN AND FOR OSCEOLA COUNTY, FOR
                                           CIVIL ACTION

        Deutsche Bank National Trust Co, as Trustee

                 Plaintiff,                                            CASE NO.: 20-CA-1981
        vs.

        Yvette Allen, et. al.

                Defendant(s).
                                                                   /

            MOVA!T’S EMERGE!CY MOTIO! TO I!TERVE!E TO BRI!G THIRD PARTY
                                     CLAIM

                Movant, TRSTE LLC, AS TRUSTEE FOR THE OSCEOLA ACADIA 106 LAND
        TRUST (“Movant”), by and through the undersigned counsel, hereby files this Motion to
        Intervene and to file a third-party action under Fla. Stat. 48.23 and states:
                1.        Under Fla. Stat. 48.23, and cases interpreting the same, the court presiding over
        the action that created the lis pendens has exclusive jurisdiction to adjudicate any encumbrance
        or interest in the subject property from the date the lis pendens is recorded to the date it enters
        final judgment." U.S. Bank Nat. Ass'n v. Quadomain Condominum Ass'n, Inc., 103 So. 3d 977,
        978-79 (Fla. 4th DCA 2012).
                2.        At present, the movant has caused to be paid all mortgage liens which lay claim to
        the property at issue in this litigation; however, Defendant Theresa and Roger Blair 1claim a right
        to payment when the same does not exist.
                3.        Defendants have been defaulted in this cause of action, and the interest arises out
        of the interest of their daughter, Yvette Allen.
                4.        The Blairs gave a “mortgage” to Yvette Allen, and it is unknown if any money
        was truly lent.



        1  To the extent necessary, the Movant objects to the attorney for Yvette Allen
        representing the Blairs in this cause of action, and the Movant reserves the right to
        file a motion to disqualify counsel at a later date.
        5.       Regardless, the interest of the Blairs is inferior, as the claim of lien which gave
rise to Movant’s title is superior to their position.
        6.       The Blairs, despite constructive knowledge (at minimum), did not intervene in
that HOA action. As a result of that action, the lien of a superior HOA lien was brought to
judicial sale.
        7.       As a result of the same, Movant’s moved into that HOA’s position - ahead of the
Blair Mortgage.
        8.       As a result of that HOA action, and Blair’s failure to intervene in that case, they
have waived any claim against the property or their lien position.
        9.       Despite this, to clear the title, the Movants were forced to pay over $400,000 to
the Blairs.
        10.      At this time, the Movant seeks to intervene and determine what, if any payment
the Blairs were entitled to.
        11.      At a minimum, the Blairs are put on notice that Movant’s claim right to the funds
they were paid and should take steps to prevent the waste of those monies.
        12.      To that end, the Movant would request an injunction or a bond from those monies
being released, absent further court order.
        13.      To be clear, Movant does not contest the Plaintiff’s claim in this cause of action,
and a separate settlement has been reached as to that interest.
        Movant, RSTE LLC, AS TRUSTEE FOR THE OSCEOLA ACADIA 106 LAND
TRUST, respectfully requests that this Honorable Court grant Movant’s motion to intervene,
allow 20 days to file its third-party complaint against Roger and Theresa Blair, and for all other
relief this court deems just.
                                  CERTIFICATE OF SERVICE
        I hereby certify that I have caused a true and correct copy of the foregoing to be filed
with the Clerk of Court’s efiling portal which will serve all parties who have opted into e-mail
service on December 27, 2023.

                                        Respectfully submitted,

                                        THE CONSUMER PROTECTION ATTORNEY, PA
                                        Attorneys for Movant.
                                        301 W. Platt St., #216.
                                                    2
Tampa, FL 33606
Phone: 813.252.0239
Email: bryant@theconsumerprotectionattorney.com
eservice@theconsumerprotectionattorney.com


By:   /s/ Bryant H. Dunivan Jr.
      Bryant H. Dunivan Jr., Esq.
      Fla. Bar No.: 102594
      MI P. No.: 85206




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