On December 19, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Draper, Jerilyn Sue,
and
Feld, Jeffrey D,
for Other Circuit Civil
in the District Court of Collier County.
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Filing # 74032331 E-Filed 06/25/2018 11:53:52 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY, FLORIDA CIVIL ACTION
JERILYN SUE DRAPER, Case No 2017-CA-2176
Plaintiff,
Vv.
JEFFREY FELD,
Defendant.
/
EMERGENCY MOTION TO STRIKE FRAUDULENTLY FILED EQUITABLE LIEN
RECORDED IN THE PUBLIC RECORDS
INSTRUMENT 5574508 OR 5523 PG 3992 - JUNE 20, 2018 4:33 P.M.
Defendant, Jeffrey Feld, moves to strike the Fraudulently filed Equitable lien
currently recorded against his homestead-exempt property (which is currently under
contract for sale and set to close today) and states as follows in support of this Motion:
1. Litigation was commenced by Plaintiff in December 2017 for a single count
complaint of replevin.
2. A final summary judgment awarding money damages only was provided by the
trial court on June 20, 2018.
3. The final summary judgment provided a period of 45 days to return financial
questionnaires regarding assets.
4. On the same date — June 20, 2018, counsel for Plaintiff caused to be recorded in
the public record an “Equitable lien” which contains statements regarding “fraud”
which are not contained anywhere in the case below — which provided a
judgment for money lent.
FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, INTERIM, CLERK, 06/25/2018 12:00:02 PM5. Florida Statute 57.105 permits the courts to award reasonable attorneys fees if
any claim is not supported by facts or law and, while a safe harbor provision is
normally required prior to awarding such fees, the trial court may award said fees
at it’s discretion without the need to wait 21 days for the offending pleading to be
withdrawn.
6. Florida Statute 55.202(a) clearly states that a judgment lien does not become
final until “after the time for rehearing has lapsed.”
7. In this case, the time for rehearing is up to an including July 5, 2018.
8. By filing an Equitable Lien that claims that plaintiff has been awarded money
based upon the commission of “fraud” when the trial court case was solely based
on two counts — replevin and money lent — an actual fraud is being committed in
the public records — namely, the title to Mr. Feld’s homestead exempt property,
which was under contract for sale and set to close today, has been unlawfully
clouded.
9. If this matter is not immediately addressed, a grave injustice could occur as a
direct result of the unlawfully filed lien against the property (which, as of this
morning, was not reflected in the public records and was provided by counsel for
plaintiff directly to closing agents and attorneys involved in the sale with the full
intent that the title to the property be clouded.)
10.No court order has been entered permitting the Plaintiff to place a cloud on
homestead exempt property by way of an equitable lien and the recording of an
equitable lien without any support in fact or law constitutes a frivolous filing that
should permit Mr. Feld to recover attorneys fees and costs in this action.11. A timely-filed Motion for Rehearing has been filed under separate cover.
WHEREFORE Mr. Feld respectfully requests that this Honorable Court enter an
order immediately striking the recording from the Public Records as a document that
is not recorded in good faith and award attorneys fees pursuant to 57.105 and for
any other relief this court deems just and proper.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of this document was filed with the
Clerk of the Court via the electronic service portal with e-mail copies going to: The
Boatman Law Firm, P.A. attn either Ernest A. Ricci, whose e-mail is ear@boatman-
law.com or James A. Boatman at jab@boatman-law.com on this 25"" day of June
2018.
By: lamantha nd, ,
Samantha Stevins, Esq.
Florida Bar Number 456810
Primary e-mail: stevinslawfirm@gmail.com
Secondary e-mail: vickistevins@gmail.com
2681 Airport Road South, Suite C-104
Naples, Florida 34112
Phone (239) 300-4417
Fax (239) 304-8424
Document Filed Date
June 25, 2018
Case Filing Date
December 19, 2017
Category
Other Circuit Civil
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Filing # 74032331 E-Filed 06/25/2018 11:53:52 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION JERILYN SUE DRAPER, Case No 2017-CA-2176 Plaintiff, Vv. JEFFREY FELD, Defendant. / EMERGENCY MOTION TO STRIKE FRAUDULENTLY FILED EQUITABLE LIEN RECORDED IN THE PUBLIC RECORDS INSTRUMENT 5574508 OR 5523 PG 3992 - JUNE 20, 2018 4:33 P.M. Defendant, Jeffrey Feld, moves to strike the Fraudulently filed Equitable lien currently recorded against his homestead-exempt property (which is currently under contract for sale and set to close today) and states as follows in support of this Motion: 1. Litigation was commenced by Plaintiff in December 2017 for a single count complaint of replevin. 2. A final summary judgment awarding money damages only was provided by the trial court on June 20, 2018. 3. The final summary judgment provided a period of 45 days to return financial questionnaires regarding assets. 4. On the same date — June 20, 2018, counsel for Plaintiff caused to be recorded in the public record an “Equitable lien” which contains statements regarding “fraud” which are not contained anywhere in the case below — which provided a judgment for money lent. FILED: COLLIER COUNTY, CRYSTAL K. KINZEL, INTERIM, CLERK, 06/25/2018 12:00:02 PM5. Florida Statute 57.105 permits the courts to award reasonable attorneys fees if any claim is not supported by facts or law and, while a safe harbor provision is normally required prior to awarding such fees, the trial court may award said fees at it’s discretion without the need to wait 21 days for the offending pleading to be withdrawn. 6. Florida Statute 55.202(a) clearly states that a judgment lien does not become final until “after the time for rehearing has lapsed.” 7. In this case, the time for rehearing is up to an including July 5, 2018. 8. By filing an Equitable Lien that claims that plaintiff has been awarded money based upon the commission of “fraud” when the trial court case was solely based on two counts — replevin and money lent — an actual fraud is being committed in the public records — namely, the title to Mr. Feld’s homestead exempt property, which was under contract for sale and set to close today, has been unlawfully clouded. 9. If this matter is not immediately addressed, a grave injustice could occur as a direct result of the unlawfully filed lien against the property (which, as of this morning, was not reflected in the public records and was provided by counsel for plaintiff directly to closing agents and attorneys involved in the sale with the full intent that the title to the property be clouded.) 10.No court order has been entered permitting the Plaintiff to place a cloud on homestead exempt property by way of an equitable lien and the recording of an equitable lien without any support in fact or law constitutes a frivolous filing that should permit Mr. Feld to recover attorneys fees and costs in this action.11. A timely-filed Motion for Rehearing has been filed under separate cover. WHEREFORE Mr. Feld respectfully requests that this Honorable Court enter an order immediately striking the recording from the Public Records as a document that is not recorded in good faith and award attorneys fees pursuant to 57.105 and for any other relief this court deems just and proper. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of this document was filed with the Clerk of the Court via the electronic service portal with e-mail copies going to: The Boatman Law Firm, P.A. attn either Ernest A. Ricci, whose e-mail is ear@boatman- law.com or James A. Boatman at jab@boatman-law.com on this 25"" day of June 2018. By: lamantha nd, , Samantha Stevins, Esq. Florida Bar Number 456810 Primary e-mail: stevinslawfirm@gmail.com Secondary e-mail: vickistevins@gmail.com 2681 Airport Road South, Suite C-104 Naples, Florida 34112 Phone (239) 300-4417 Fax (239) 304-8424