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Filing # 118770347 E-Filed 12/28/2020 02:10:50 PM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR HENDRY COUNTY, FLORIDA
ELOY ROMO,
Plaintiff,
vs. Case No.
DITECH FINANCIAL, LLC,
FORMERLY DITECH MORTGAGE
CORPORATION, AS SUCCESSOR
BY MERGER WITH GREEN TREE
SERVICING, LLC, FORMERLY
KNOWN AS CONSECO FINANCE
SERVICING CORP.,
Defendants.
PLAINTIFF'S COMPLAINT TO QUIET TITLE TO MOBILE HOME
COMES NOW the Plaintiff, ELOY ROMO, by and through his undersigned counsel,
and sues the Defendant, DITECH FINANCIAL, LLC, FORMERLY DITECH MORTGAGE
CORPORATION, AS SUCCESSOR BY MERGER WITH GREEN TREE SERVICING,
LLC, FORMERLY KNOWN AS CONSECO FINANCE SERVICING CORP., and would
show the court:
41. This is an action to quiet title to a mobile home permanently affixed to real
property located in Hendry County, Florida, more particularly described as: 1996 RICH
mobile home, ID#N15762.
2. CONSECO FINANCE SERVICING CORP., was incorporated in the State
of Delaware on December 5, 1994. On June 9, 2003, Green Tree Servicing, LLC was
1
Electronically Filed Hendry Case # 20000532CAAXMX 12/28/2020 02:10:50 PMformed and Conseco Finance Servicing Corp changed its name to Green Tree
Servicing, LLC. Green Tree Servicing, LLC, merged with Ditech Mortgage Corporation
on or about August 31, 2015. At some time prior to July 7, 2017, Ditech Mortgage
Corporation changed its name to DITECH FINANCIAL, LLC.
3.
a.
4.
5.
Plaintiff deraigns title to said mobile home as follows:
Special Warranty Deed from Conseco Finance Servicing Corp. to Michele
Cypress, recorded February 26, 2002 in OFFICIAL RECORDS Book 627, Page
1180, Public Records of Hendry County, Florida, which omitted the mobile home.
A title to the mobile home was issued to Michele Cypress with a lien thereon to
Conseco Finance Servicing Corp.
Mortgage from Michele Cypress to Conseco Finance Servicing Corp., recorded in
Official Records Book 627, page 1181, Public Records of Hendry County, Florida,
which omitted the mobile home description.
Probate proceedings of Michele Cypress, deceased, Case No. 2002-061-CP, in
the Circuit Court for Hendry County, Florida.
Satisfaction of mortgage from Conseco Finance Servicing Corp. to Michele
Cypress recorded in Official Records Book 648, Page 745, Public Records of
Hendry County, Florida, which omitted the mobile home.
Quit Claim Deed from Mitchell Cypress to Anthony Mitchell Cypress, recorded
November 6, 2014 in OFFICIAL RECORDS Book 884, Page 967, Public Records
of Hendry County, Florida.
Quit Claim Deed from Anthony Mitchell Cypress to Raul Amaro, recorded
December 3, 2019 in OFFICIAL RECORDS Book 967, Page 601, Public Records
of Hendry County, Florida.
Quit Claim Deed from Raul Amaro to Eloy Romo, recorded December 27, 2019 in
OFFICIAL RECORDS Book 968, Page 1354, Public Records of Hendry County,
Florida.
Plaintiff owns and occupies the mobile home described herein.
Plaintiff and his predecessors in interest entered into possession of the
real property and mobile home herein based on the Special Warranty Deed from Conseco
Finance Servicing Corp. to Michele Cypress and the mobile home title issued therewith,
and have for more than seven years been in continued possession of the mobile home
described above.6. The subject mobile home has been protected by substantial enclosure (a
fence around the entire parcel) for more than seven years preceding the filing of this
action.
7. Plaintiff and his predecessors in interest have possessed the mobile home
for more than seven years before the filing of this action.
8. Defendant, DITECH FINANCIAL, LLC, FORMERLY DITECH MORTGAGE
CORPORATION, AS SUCCESSOR BY MERGER WITH GREEN TREE SERVICING,
LLC, FORMERLY KNOWN AS CONSECO FINANCE SERVICING CORP, and other
parties claiming by, through, under or against it and all parties having or claiming to
have any right, title or interest in and to the mobile home described herein may purport
to claim some interest in the mobile home, notwithstanding the subsequent deeds to
Plaintiff.
9. Any and all claims, right, title, or interest of the Defendants to the real
property described herein have been extinguished by the deeds and deeds described
herein, and Plaintiff is the true record title to the mobile home and the legal equitable
owner thereof in fee simple, and as such, is entitled to have his title to the mobile home
quieted and confirmed by the Court on the provisions of Florida Statues Section
95.16(2020).
WHEREFORE, the Plaintiff, ELOY ROMO, being without remedy except in a
court of equity, demand as follows:
A. That upon final hearing, the fee simple title to the above-described mobile
home be adjudged to be in Plaintiff.B. That Defendants be required to set forth the nature of their claims in and
to the above-described mobile home and that all adverse claims by the Defendants or
those claiming by, under, or against Defendants, be determined by judgment of this
court to be null and void as against Plaintiff.
c. That all right, title and interest of Defendants and those parties claiming
by, through, under or against Defendants be forever quieted and confirmed in Plaintiff.
D. That Defendants and those parties claiming by, through, under or against
Defendants be perpetually enjoined from asserting any right, title, claim, or interest in
the above-described mobile home.
E. That the Florida Department of Highway Safety and Motor Vehicles be
directed to issue a certificate of title for the mobile home described herein to the Plaintiff
free and clear of all liens and interests of any parties other than the Plaintiff.
F. That the court grant suc! id further relief as it may deem just and
proper in the premises.
Ri JAY WATKINS, ESQUIRE
Fig /Bar No. 287911
LaBelle, Florida 33975-0250
Telephone: 863-675-4424
Email: jw@jjwlaw.com
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Filing # 118770347 E-Filed 12/28/2020 02:10:50 PM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR HENDRY COUNTY, FLORIDA ELOY ROMO, Plaintiff, vs. Case No. DITECH FINANCIAL, LLC, FORMERLY DITECH MORTGAGE CORPORATION, AS SUCCESSOR BY MERGER WITH GREEN TREE SERVICING, LLC, FORMERLY KNOWN AS CONSECO FINANCE SERVICING CORP., Defendants. PLAINTIFF'S COMPLAINT TO QUIET TITLE TO MOBILE HOME COMES NOW the Plaintiff, ELOY ROMO, by and through his undersigned counsel, and sues the Defendant, DITECH FINANCIAL, LLC, FORMERLY DITECH MORTGAGE CORPORATION, AS SUCCESSOR BY MERGER WITH GREEN TREE SERVICING, LLC, FORMERLY KNOWN AS CONSECO FINANCE SERVICING CORP., and would show the court: 41. This is an action to quiet title to a mobile home permanently affixed to real property located in Hendry County, Florida, more particularly described as: 1996 RICH mobile home, ID#N15762. 2. CONSECO FINANCE SERVICING CORP., was incorporated in the State of Delaware on December 5, 1994. On June 9, 2003, Green Tree Servicing, LLC was 1 Electronically Filed Hendry Case # 20000532CAAXMX 12/28/2020 02:10:50 PMformed and Conseco Finance Servicing Corp changed its name to Green Tree Servicing, LLC. Green Tree Servicing, LLC, merged with Ditech Mortgage Corporation on or about August 31, 2015. At some time prior to July 7, 2017, Ditech Mortgage Corporation changed its name to DITECH FINANCIAL, LLC. 3. a. 4. 5. Plaintiff deraigns title to said mobile home as follows: Special Warranty Deed from Conseco Finance Servicing Corp. to Michele Cypress, recorded February 26, 2002 in OFFICIAL RECORDS Book 627, Page 1180, Public Records of Hendry County, Florida, which omitted the mobile home. A title to the mobile home was issued to Michele Cypress with a lien thereon to Conseco Finance Servicing Corp. Mortgage from Michele Cypress to Conseco Finance Servicing Corp., recorded in Official Records Book 627, page 1181, Public Records of Hendry County, Florida, which omitted the mobile home description. Probate proceedings of Michele Cypress, deceased, Case No. 2002-061-CP, in the Circuit Court for Hendry County, Florida. Satisfaction of mortgage from Conseco Finance Servicing Corp. to Michele Cypress recorded in Official Records Book 648, Page 745, Public Records of Hendry County, Florida, which omitted the mobile home. Quit Claim Deed from Mitchell Cypress to Anthony Mitchell Cypress, recorded November 6, 2014 in OFFICIAL RECORDS Book 884, Page 967, Public Records of Hendry County, Florida. Quit Claim Deed from Anthony Mitchell Cypress to Raul Amaro, recorded December 3, 2019 in OFFICIAL RECORDS Book 967, Page 601, Public Records of Hendry County, Florida. Quit Claim Deed from Raul Amaro to Eloy Romo, recorded December 27, 2019 in OFFICIAL RECORDS Book 968, Page 1354, Public Records of Hendry County, Florida. Plaintiff owns and occupies the mobile home described herein. Plaintiff and his predecessors in interest entered into possession of the real property and mobile home herein based on the Special Warranty Deed from Conseco Finance Servicing Corp. to Michele Cypress and the mobile home title issued therewith, and have for more than seven years been in continued possession of the mobile home described above.6. The subject mobile home has been protected by substantial enclosure (a fence around the entire parcel) for more than seven years preceding the filing of this action. 7. Plaintiff and his predecessors in interest have possessed the mobile home for more than seven years before the filing of this action. 8. Defendant, DITECH FINANCIAL, LLC, FORMERLY DITECH MORTGAGE CORPORATION, AS SUCCESSOR BY MERGER WITH GREEN TREE SERVICING, LLC, FORMERLY KNOWN AS CONSECO FINANCE SERVICING CORP, and other parties claiming by, through, under or against it and all parties having or claiming to have any right, title or interest in and to the mobile home described herein may purport to claim some interest in the mobile home, notwithstanding the subsequent deeds to Plaintiff. 9. Any and all claims, right, title, or interest of the Defendants to the real property described herein have been extinguished by the deeds and deeds described herein, and Plaintiff is the true record title to the mobile home and the legal equitable owner thereof in fee simple, and as such, is entitled to have his title to the mobile home quieted and confirmed by the Court on the provisions of Florida Statues Section 95.16(2020). WHEREFORE, the Plaintiff, ELOY ROMO, being without remedy except in a court of equity, demand as follows: A. That upon final hearing, the fee simple title to the above-described mobile home be adjudged to be in Plaintiff.B. That Defendants be required to set forth the nature of their claims in and to the above-described mobile home and that all adverse claims by the Defendants or those claiming by, under, or against Defendants, be determined by judgment of this court to be null and void as against Plaintiff. c. That all right, title and interest of Defendants and those parties claiming by, through, under or against Defendants be forever quieted and confirmed in Plaintiff. D. That Defendants and those parties claiming by, through, under or against Defendants be perpetually enjoined from asserting any right, title, claim, or interest in the above-described mobile home. E. That the Florida Department of Highway Safety and Motor Vehicles be directed to issue a certificate of title for the mobile home described herein to the Plaintiff free and clear of all liens and interests of any parties other than the Plaintiff. F. That the court grant suc! id further relief as it may deem just and proper in the premises. Ri JAY WATKINS, ESQUIRE Fig /Bar No. 287911 LaBelle, Florida 33975-0250 Telephone: 863-675-4424 Email: jw@jjwlaw.com