Preview
Filing # 201067032 E-Filed 06/21/2024 11:45:54 AM
IN THE CIRCUIT COURT, IN AND FOR
ORANGE COU1NTY, FLORIDA
CASE NO.:
DIVISION:
Vistana Cascades Condominium Association,
Inc., a Florida Corporation,
Plaintiff,
VS.
ANY AND ALL UNKNOWN PARTIES WHO
CLAIM AN INTEREST AS SPOUSE, HEIRS,
DEVISEES, GRANTEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES,
PERSONAL REPRESENTATIVES,
ADMINISTRATORS OR AS OTHER
CLAIMANTS, BY, THROUGH, UNDER OR
AGAINST JAIME INOSTROZA, DECEASED
Defendants.
COMPLAINT TO FORECLOSE CLAIM OF LIEN
Plaintiff, Vistana Cascades Condominium Association, Inc., a Florida Corporation,
("Plaintiff'), sues the Defendants, Any and All Unknown Parties who claim an interest as
spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees, personal representatives,
administrators or as other claimants, by, through, under or against Jaime Inostroza, deceased and
alleges:
COUNT I
FORECLOSURE OF CLAIM OF LIEN AGAINST ANY AND ALL UNKNOWN
PARTIES WHO CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES,
GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, PERSONAL
C2
24-009349_LNC
REPRESENTATIVES, ADMINISTRATORS OR AS OTHER CLAIMANTS, BY,
THROUGH, UNDER OR AGAINST JAIME INOSTROZA, DECEASED
1. This is an in rem action to foreclose a Claim of Lien on real property in Orange County,
Florida, pursuant to Chapter 718 and Chapter 721, Fla.Stat.
2. Plaintiff is a mandatory membership condominium association organized under and
operating pursuant to the provisions of Chapter 718 and Chapter 721, Fla. Stat.
3. The timeshare ownership interest subject to this action ("Timeshare Ownership Interest")
is described as follows:
Unit Week 9, in Unit 2256, an Annual Unit Week in Vistana Cascades Condominium,
pursuant to the Declaration of Condominium as recorded in Official Records Book
5312, Page 2312, Public Records of Orange County, Florida and all amendments
thereof and supplements thereto (Declaration')
4. Jaime Inostroza ("Ownee) is deceased. Upon the death of Jaime Inostroza, the heirs to
Jaime Inostroza, including Any and All Unknown Parties who claim an interest as
spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees, personal
representatives, administrators or as other claimants, by, through, under or against Jaime
Inostroza, deceased, may claim a right, title, and interest in the Timeshare Ownership
Interest.
5. The Timeshare Ownership Interest is subject to the Declaration of Condominium as
recorded in Official Records Book 5312, Page 2312, Public Records of Orange County,
Florida, and all amendments thereof and supplements thereto ("Declaration").
6. Pursuant to the Declaration, the Owner's ownership of the Timeshare Ownership Interest
establishes the Owner's membership in the condominium association and subjects the
Owner to the Declaration and all applicable Florida Statutes.
24-009349_LNC
7. Pursuant to the Declaration, the Owner agreed to pay common expenses, ad valorem
taxes, common assessments, special assessments, capital reserves, and dues (collectively,
the "Assessments") related to the Timeshare Ownership Interest.
8. The Owner has failed to pay the Assessments as they became due and owing, failed to
pay resulting late fees, interest, attorney's fees, and costs due pursuant to the Declaration.
9. After giving the Notice of Intent to Lien required by 718.121, Fla. Stat., Plaintiff
recorded a Claim of Lien for unpaid Assessments in the Official Records of the Public
Records of Orange County, Florida against the Timeshare Ownership Interest, pursuant
to 718.116 and 721.16, Fla. Stat., a copy of the Claim of Lien is attached as Exhibit A.
10. All conditions precedent to the filing of this action have been performed, have occurred,
were waived, or otherwise excused prior to the filing of the instant complaint.
11. As of June 21, 2024, Plaintiff is owed unpaid Assessments, interest, late fees, and other
amounts provided for by the Declaration and Chapter 718 and Chapter 721, Fla. Stat. in
the amount of $2,676.24, plus interest which continues to accrue at the rate of $1.09 per
diem, plus title search expense for ascertaining necessary parties to this action, reasonable
attorney's fees, and reasonable costs of collection. As such, the amount continues to
accrue until paid and is subject to change.
12. Plaintiff is obligated to pay Plaintiffs attorneys a reasonable fee for their services.
Plaintiff is entitled to recover its attorney's fees pursuant to the Declaration and Chapter
718 and Chapter 721, Fla. Stat..
13. Plaintiff is pursuing an in rem foreclosure and is not attempting to obtain a money
judgment.
24-009349_LNC
14. Plaintiffs Lien is a lien superior to the right, title, claim, lien, or interest of any other
partY.
WHEREFORE, Plaintiff respectfully requests that this Court assume jurisdiction of the
subject matter of this action and the parties and enter judgment:
a. foreclosing the Lien;
b. ascertaining the amount due to Plaintiff, including all amounts due pursuant to the
Declaration and Chapter 718 and Chapter 721, Fla. Stat.;
c. ordering the Clerk of Courts to sell the subject property to satisfy the amount due
Plaintiff, in whole or part, pursuant to 45.031, Fla. Stat.;
d. adjudging that the right, title, and interest of any party claiming by, through,
under, or against any Defendant named herein be deemed inferior and subordinate
to the Plaintiff and forever be barred and foreclosed;
e. retaining jurisdiction of this Court in this action to make any and all further orders
and judgments as necessary and proper, including but not limited to re-foreclosure
against any subordinate interest omitted from these proceedings;
f. awarding Plaintiff its attorney fees, costs, interest, advances, and
g. for such other and further relief as the Court deems just and proper.
/s/ Michael E. Carleton,
Michael E. Carleton (Florida Bar No.: 1007924)
Jordan A. Zeppetello (Florida Bar No.: 1049568)
Manley Deas Kochalski LLC
P. O. Box 165028
Columbus, OH 43216-5028
Telephone: 407-404-5266
Telecopier: 614-220-5613
Primary: stateefiling@manleydeas.com
Secondary: sef-mec@manleydeas.com
Attorney for Plaintiff
24-009349_LNC
DOC # 20240258102
05/03/2024 13:56 PM Page 1 of 1
Rec Fee: $10.00
AMENDED CLAIM OF LIEN FOR DELINQUENT CON DOMIN U M Deed Doc Tax: $0.00
ASSESSMENTS AND REAL ESTATE TAXES Mortgage Doc Tax! $D.00
Intangible Tac: $0.00
Phil Diamond, Comptroller
This amended lien corrects scriveners errors contained in thal certain lien
recorded on June 2, 2023 in Official Records Document 20230311297 Orange County, FL
Ret To: SIMPLIFILE LC
Book Isla. Page hILA in the Public Records of Orange County, Florida.
STATE OF FLORIDA
COUNTY OF POLK
Before rne. the undersigned authority, personally appeared Denise Sanchez
agent for the lienor, Vistana Cascades Condominium Association, Inc. (the
'Association') and who. being by me first duly sworn, deposes and says:
1. That Vistana Management, Inc. (Manager") is authorized by the Association
to exercise all of the delegable powers and authority of the Association in the
collection of assessments for common expenses and ad valorem real estate
taxes frorn owners of units and units weeks at VISTANA CASCADES
CONDOMINIUM, ("the Condominium') according to the Declaration of Space atove is reserved tor recording htorrnahoo.
Condominium thereof as recorded in Official Records Book 5312, Page 2312, Public Records of Orange County, Florida, and all
amendments thereof and supplements thereto (the "Declaration");
2. That each yearsassessments for common expenses and ad valorem real estate taxes are due on January 1 of that assessment
year;
3. That pursuant to Article 8.1(a) of the Declaration, all assessments for common expenses that remain unpaid for more than ten (10)
days after the due date shall bear interest at the highest rate permitled by law per annurn from the date due until paid. A late charge
of $25.00 shall also be due on all delinquent accounts;
4. That the Association is owed and hereby claims a lien for $2 612.02 as assessments which were due on 1/6/2023, plus interest at
the rate of (18%) per annum until paid, reasonable attorney's fees and costs incident to the colleaion thereof, all sums advanced
and paid by the Association for ad valorem real estate taxes, and all interest, costs and attorney's fees which may accrue subsequent
to the recording of this Clairn of Lien and prior to the entry of a certificate of title, as granted by the provisions of Sections 192.037
and 721.16 or the Florida Statutes, as well as the Declaration for the Condominium upon the following described property:
Unit Week 09 in Unit 2256. an Annual Unit Week, Vistana Cascades Condominium, together with all appurtenances thereto,
according and stioject to the Declaration of Condominium of Vistana Cascades Condominium, as recorded in Official Records Book
5312, Page 2312, Public Records of Orange County, Florida, and all amendments thereof and supplements thereto, if any;
5. That the current owner(s), according to Association records, of the above-described timeshare condominium Unit Week(s) is/are:
JAIME INOSTROZA. A MARRIED MAN
IN WITNESS WHEREOF, Association has caused this instrument to be executed in as name by Manager, its agent, on this 3rd day of
May, 2024.
VISTANA CASCADES CONDOMINIUM ASSOCIATION, INC.,
a Florida not-for-profit corporation
BY: VISTANA MANAGEMENT, INC. a Florida corporation
BY.
Denise Sanchez
HOA Servicing Manager A
STATE OF FLORIDA
COUNTY OF POLK
The foregoing instrument was acknowledged before me by means of (X ) physical presence or ( ) online notarization this 3rd day of
May, 2024. by Denise Sanchez, Authorized Agent of Vista na Management. Inc., a Florida corporation, the Authorized Agent of Vistana
Cascades Condominium Association, Inc„ a Florida non-for-profit corporation. on behalf of the corporation, who is personally known to
me or who has produced as identification.
VT COMMISSICM f WO** Notary Public
•
Uffeft.5 rebury 0 2020 Print Name: Alexis Holcomb
Commission No.: HI-1 489830
My Commission Expires: February 6, 2028
Prepared by and return to:
Alexis Holcomb
Marriott Resorts Hospitality Corporation
1200 Bartow Road
Lakeland, FL 33802
EXHIBIT
A
HP% U D/ lb
Description: Orange,FL Document —
Year.DocID Page: 1 of 1
Order: 4979479497 Co=ent:
Preview
Filing # 201067032 E-Filed 06/21/2024 11:45:54 AM IN THE CIRCUIT COURT, IN AND FOR ORANGE COU1NTY, FLORIDA CASE NO.: DIVISION: Vistana Cascades Condominium Association, Inc., a Florida Corporation, Plaintiff, VS. ANY AND ALL UNKNOWN PARTIES WHO CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, PERSONAL REPRESENTATIVES, ADMINISTRATORS OR AS OTHER CLAIMANTS, BY, THROUGH, UNDER OR AGAINST JAIME INOSTROZA, DECEASED Defendants. COMPLAINT TO FORECLOSE CLAIM OF LIEN Plaintiff, Vistana Cascades Condominium Association, Inc., a Florida Corporation, ("Plaintiff'), sues the Defendants, Any and All Unknown Parties who claim an interest as spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees, personal representatives, administrators or as other claimants, by, through, under or against Jaime Inostroza, deceased and alleges: COUNT I FORECLOSURE OF CLAIM OF LIEN AGAINST ANY AND ALL UNKNOWN PARTIES WHO CLAIM AN INTEREST AS SPOUSE, HEIRS, DEVISEES, GRANTEES, ASSIGNEES, LIENORS, CREDITORS, TRUSTEES, PERSONAL C2 24-009349_LNC REPRESENTATIVES, ADMINISTRATORS OR AS OTHER CLAIMANTS, BY, THROUGH, UNDER OR AGAINST JAIME INOSTROZA, DECEASED 1. This is an in rem action to foreclose a Claim of Lien on real property in Orange County, Florida, pursuant to Chapter 718 and Chapter 721, Fla.Stat. 2. Plaintiff is a mandatory membership condominium association organized under and operating pursuant to the provisions of Chapter 718 and Chapter 721, Fla. Stat. 3. The timeshare ownership interest subject to this action ("Timeshare Ownership Interest") is described as follows: Unit Week 9, in Unit 2256, an Annual Unit Week in Vistana Cascades Condominium, pursuant to the Declaration of Condominium as recorded in Official Records Book 5312, Page 2312, Public Records of Orange County, Florida and all amendments thereof and supplements thereto (Declaration') 4. Jaime Inostroza ("Ownee) is deceased. Upon the death of Jaime Inostroza, the heirs to Jaime Inostroza, including Any and All Unknown Parties who claim an interest as spouse, heirs, devisees, grantees, assignees, lienors, creditors, trustees, personal representatives, administrators or as other claimants, by, through, under or against Jaime Inostroza, deceased, may claim a right, title, and interest in the Timeshare Ownership Interest. 5. The Timeshare Ownership Interest is subject to the Declaration of Condominium as recorded in Official Records Book 5312, Page 2312, Public Records of Orange County, Florida, and all amendments thereof and supplements thereto ("Declaration"). 6. Pursuant to the Declaration, the Owner's ownership of the Timeshare Ownership Interest establishes the Owner's membership in the condominium association and subjects the Owner to the Declaration and all applicable Florida Statutes. 24-009349_LNC 7. Pursuant to the Declaration, the Owner agreed to pay common expenses, ad valorem taxes, common assessments, special assessments, capital reserves, and dues (collectively, the "Assessments") related to the Timeshare Ownership Interest. 8. The Owner has failed to pay the Assessments as they became due and owing, failed to pay resulting late fees, interest, attorney's fees, and costs due pursuant to the Declaration. 9. After giving the Notice of Intent to Lien required by 718.121, Fla. Stat., Plaintiff recorded a Claim of Lien for unpaid Assessments in the Official Records of the Public Records of Orange County, Florida against the Timeshare Ownership Interest, pursuant to 718.116 and 721.16, Fla. Stat., a copy of the Claim of Lien is attached as Exhibit A. 10. All conditions precedent to the filing of this action have been performed, have occurred, were waived, or otherwise excused prior to the filing of the instant complaint. 11. As of June 21, 2024, Plaintiff is owed unpaid Assessments, interest, late fees, and other amounts provided for by the Declaration and Chapter 718 and Chapter 721, Fla. Stat. in the amount of $2,676.24, plus interest which continues to accrue at the rate of $1.09 per diem, plus title search expense for ascertaining necessary parties to this action, reasonable attorney's fees, and reasonable costs of collection. As such, the amount continues to accrue until paid and is subject to change. 12. Plaintiff is obligated to pay Plaintiffs attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorney's fees pursuant to the Declaration and Chapter 718 and Chapter 721, Fla. Stat.. 13. Plaintiff is pursuing an in rem foreclosure and is not attempting to obtain a money judgment. 24-009349_LNC 14. Plaintiffs Lien is a lien superior to the right, title, claim, lien, or interest of any other partY. WHEREFORE, Plaintiff respectfully requests that this Court assume jurisdiction of the subject matter of this action and the parties and enter judgment: a. foreclosing the Lien; b. ascertaining the amount due to Plaintiff, including all amounts due pursuant to the Declaration and Chapter 718 and Chapter 721, Fla. Stat.; c. ordering the Clerk of Courts to sell the subject property to satisfy the amount due Plaintiff, in whole or part, pursuant to 45.031, Fla. Stat.; d. adjudging that the right, title, and interest of any party claiming by, through, under, or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff and forever be barred and foreclosed; e. retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate interest omitted from these proceedings; f. awarding Plaintiff its attorney fees, costs, interest, advances, and g. for such other and further relief as the Court deems just and proper. /s/ Michael E. Carleton, Michael E. Carleton (Florida Bar No.: 1007924) Jordan A. Zeppetello (Florida Bar No.: 1049568) Manley Deas Kochalski LLC P. O. Box 165028 Columbus, OH 43216-5028 Telephone: 407-404-5266 Telecopier: 614-220-5613 Primary: stateefiling@manleydeas.com Secondary: sef-mec@manleydeas.com Attorney for Plaintiff 24-009349_LNC DOC # 20240258102 05/03/2024 13:56 PM Page 1 of 1 Rec Fee: $10.00 AMENDED CLAIM OF LIEN FOR DELINQUENT CON DOMIN U M Deed Doc Tax: $0.00 ASSESSMENTS AND REAL ESTATE TAXES Mortgage Doc Tax! $D.00 Intangible Tac: $0.00 Phil Diamond, Comptroller This amended lien corrects scriveners errors contained in thal certain lien recorded on June 2, 2023 in Official Records Document 20230311297 Orange County, FL Ret To: SIMPLIFILE LC Book Isla. Page hILA in the Public Records of Orange County, Florida. STATE OF FLORIDA COUNTY OF POLK Before rne. the undersigned authority, personally appeared Denise Sanchez agent for the lienor, Vistana Cascades Condominium Association, Inc. (the 'Association') and who. being by me first duly sworn, deposes and says: 1. That Vistana Management, Inc. (Manager") is authorized by the Association to exercise all of the delegable powers and authority of the Association in the collection of assessments for common expenses and ad valorem real estate taxes frorn owners of units and units weeks at VISTANA CASCADES CONDOMINIUM, ("the Condominium') according to the Declaration of Space atove is reserved tor recording htorrnahoo. Condominium thereof as recorded in Official Records Book 5312, Page 2312, Public Records of Orange County, Florida, and all amendments thereof and supplements thereto (the "Declaration"); 2. That each yearsassessments for common expenses and ad valorem real estate taxes are due on January 1 of that assessment year; 3. That pursuant to Article 8.1(a) of the Declaration, all assessments for common expenses that remain unpaid for more than ten (10) days after the due date shall bear interest at the highest rate permitled by law per annurn from the date due until paid. A late charge of $25.00 shall also be due on all delinquent accounts; 4. That the Association is owed and hereby claims a lien for $2 612.02 as assessments which were due on 1/6/2023, plus interest at the rate of (18%) per annum until paid, reasonable attorney's fees and costs incident to the colleaion thereof, all sums advanced and paid by the Association for ad valorem real estate taxes, and all interest, costs and attorney's fees which may accrue subsequent to the recording of this Clairn of Lien and prior to the entry of a certificate of title, as granted by the provisions of Sections 192.037 and 721.16 or the Florida Statutes, as well as the Declaration for the Condominium upon the following described property: Unit Week 09 in Unit 2256. an Annual Unit Week, Vistana Cascades Condominium, together with all appurtenances thereto, according and stioject to the Declaration of Condominium of Vistana Cascades Condominium, as recorded in Official Records Book 5312, Page 2312, Public Records of Orange County, Florida, and all amendments thereof and supplements thereto, if any; 5. That the current owner(s), according to Association records, of the above-described timeshare condominium Unit Week(s) is/are: JAIME INOSTROZA. A MARRIED MAN IN WITNESS WHEREOF, Association has caused this instrument to be executed in as name by Manager, its agent, on this 3rd day of May, 2024. VISTANA CASCADES CONDOMINIUM ASSOCIATION, INC., a Florida not-for-profit corporation BY: VISTANA MANAGEMENT, INC. a Florida corporation BY. Denise Sanchez HOA Servicing Manager A STATE OF FLORIDA COUNTY OF POLK The foregoing instrument was acknowledged before me by means of (X ) physical presence or ( ) online notarization this 3rd day of May, 2024. by Denise Sanchez, Authorized Agent of Vista na Management. Inc., a Florida corporation, the Authorized Agent of Vistana Cascades Condominium Association, Inc„ a Florida non-for-profit corporation. on behalf of the corporation, who is personally known to me or who has produced as identification. VT COMMISSICM f WO** Notary Public • Uffeft.5 rebury 0 2020 Print Name: Alexis Holcomb Commission No.: HI-1 489830 My Commission Expires: February 6, 2028 Prepared by and return to: Alexis Holcomb Marriott Resorts Hospitality Corporation 1200 Bartow Road Lakeland, FL 33802 EXHIBIT A HP% U D/ lb Description: Orange,FL Document — Year.DocID Page: 1 of 1 Order: 4979479497 Co=ent: