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Filing # 130708860 E-Filed 07/15/2021 11:08:23 AM
IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT
IN AND FOR ESCAMBIA COUNTY, FLORIDA
CIVIL DIVISION
VENTUS PROPERTIES, LLC,
Plaintiff,
CASE NO.:
VS. DIVISION:
UNKNOWN OCCUPANT #1; UNKNOWN
OCUPANT #2;
AND ANY AND ALL
UNKNOWN OCCUTPANTS IN POSSESSION,
Defendants.
/
PLAINTIFF’S COMPLAINT FOR EJECTMENT - WRIT OF POSSESSION
COMES NOW, VENTUS PROPERTIES, LLC (hereinafter referred to as “Plaintiff”), by
and through its undersigned counsel, and hereby files this Complaint for Ejectment — Writ of
Possession against Defendants, UNKNOWN OCCUPANT #1; UNKNOWN OCUPANT #2;
AND ANY AND ALL UNKNOWN OCCUTPANTS IN POSSESSION (hereinafter referred to
as “Defendants”), and as grounds therefore states as follows:
PARTIES AND JURISDICTION
This is an action for Ejectment and recovery of real property located in Escambia County,
Florida.
The property that is the subject of this proceeding is located at 23 Linda St., Pensacola, FL
32506 (hereinafter referred to as the “Property”).
Plaintiff, VENTUS PROPERTIES, LLC, is an entity with its principal address at 1330 Van
Beurden Drive, #102, Los Osos, CA 93402.
Defendant, UNKNOWN OCCUPANT #1, the name being fictitious to account for parties
in possession may claim some interest in the Property that is the subject of this action by
virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise
claim an interest in the Property. The name of this Defendant is unknown to the Plaintiff.
Defendant, UNKNOWN OCCUPANT #2, the name being fictitious to account for parties
in possession may claim some interest in the Property that is the subject of this action by
virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise
claim an interest in the Property. The name of this Defendant is unknown to the Plaintiff.
Plaintiff is the legal owner of the Property by virtue of a Warranty Deed executed on
November 25, 2019, and recorded on February 21, 2020, in Book 8250, Page 1937 of the
Official Public Records of Escambia County, Florida.
Venue is proper in Escambia County pursuant to Fla. Stat. § 47.011 because the Property
which is the subject of this case is located and situated in Escambia County.
This Court has exclusive jurisdiction over this action pursuant to Fla. Stat. §26.012(2)(f).
GENERAL ALLEGATIONS
Plaintiff re-alleges paragraphs 1 through 8 and incorporates each paragraph herein by
reference.
10. Plaintiff is the legal owner of the Property by virtue of a Warranty Deed executed on
November 25, 2019, and recorded on February 21, 2020, in Book 8250, Page 1937 of the
Official Public Records of Escambia County, Florida. See a copy of the Warranty Deed
attached hereto as Exhibit “A” and incorporation herein by reference.
11 Defendants broke into the Property and are currently squatting there, unlawfully and
against the wishes of Plaintiff, the rightful owner.
12 Defendants are under no lease agreement and have no other possessory interest in the
Property.
13 Plaintiff has been unable to rent this residence because of Defendants’ occupancy and has
correspondingly been damaged by way of lost rents.
14 Additionally, Plaintiff has been deprived of its own use, possession, and enjoyment of the
Property.
15 Plaintiff has retained the undersigned to represent it in this Ejectment action and is
responsible to pay reasonable attorney’s fees and costs regarding said representation.
COUNT I- WRIT OF EJECTMENT - WRIT OF POSSESSION
16. Plaintiff re-alleges paragraphs 1 through 15 and incorporates each paragraph herein by
reference.
17 This is an action to Eject Defendants from the Property described herein.
18, Defendants have no legal or possessory interest in the Property and are remaining there
unlawfully and against the wished of Plaintiff, the rightful owner.
19, As of the date of filing the instant action, Defendants have not vacated and remain in
possession of the Property.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
WHEREFORE, Plaintiff demands judgment against Defendants for possession of the
Property and respectfully requests that this Court award its attorney’s fees and costs in
accordance with Florida Statute Chapter §66 and such other relief as this Court deems that
Plaintiff is entitled.
/s/ Damian G. Waldman
Damian G. Waldman, Esq.
Florida Bar No. 0090502
Law Offices of Damian G. Waldman, P.A.
P.O. Box 5162
Largo, FL 33779
Telephone: (727) 538-4160
Facsimile: (727) 240-4972
Email 1: damian@dwaldmanlaw.con
E-Service: service@dwaldmanlaw.com
Attorneys for Plaintiff
Recorded in Public Records 2/21/2020 2:08 PM OR Book 8250 Page 1937,
Instrument #2020015847, Pam Childers Clerk of the Circuit Court Escambia
County, FL Recording $52.50 Deed Stamps $294.00
Prepared by and return to:
Law Offices of Damian G. Waldman, P.A.
10333 Seminole Blvd. Units 1 & 2
Seminole, FL 33778
727-538-4160
File Number: 19-003
Will Call No.:
[Space Above ‘This Line For Recording Data]
Warranty Deed
This Warranty Deed made this_@3 _ day of November, 2019 between Robert Ernest Houston whose post office
address is 612 Rodney Street, Pensacola, FL 32534 gantor; James Larry Houston, whos post office address iss 6904
Olsen Street, Pensacola, FL 32506 grantor; Matthew Houston, whose post office address is 103 Glenmore Drive,
Madison, AL 35757 grantor; Heather Cook whose post office address is 29028 S. 369 W. Ave., Bristow, OK 74010
grantor; and Christopher Houston whose post office address is 8100 W. Hwy 98 #1009d, Pensacola, FL 32506
grantor, and Ventus Properties, LLC, whose post office address is 1330 Van Beurden Drive, # 102, Los Osos, CA
93402, grantee:
(Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,
and the successors and assigns of corporations, trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hcrcby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land,
situate, lying and being in Escambia County, Florida to-wit:
Lot 4, Block 4, DeLuna Park according to the map or plat thereof recorded in Plat Book 3, at Page
20, the Public Records of Escambia County Florida
Parcel Identification Number: 3525306000004004
23 Linda Street, Pensacola, Florida 32506
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 land is free of all
encumbrances, except taxes accruing subsequent to December 31, 2018.
EXHIBIT A
DoubleTime®
BK: 8250 PG: 1938
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‘
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed ang clivered in our ‘esence:
/7 Tou o Robett dmast Maus tons
Witn¢ss Robert Ernest Houston
we PowelC
lame of WitWess
Witngss
Vers
Printed Name of Witness
state or fof, dq
COUNTY OF _ ESvambia
The aforegoing instrument was acknowledged before me this 6B day of November, 2019, by Robert Ernest Houston,
who is personally known to me or has produced FLD as identification.
Andi Hutto
Notary Public, State of Florida
‘Comm. Expires May 27,
2023 Notary Public
Hate
‘Comm. No. GG338536
Warranty Deed - Page 2 DoubleTime®
BK: 8250 PG: 1939
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and deliver
Witness
dos ONY.
es Larry Ho Rion
NO ALAA.
Na ell
ated {me of Witness
NNO DES ts AsL 4)
Wii
i [ORM
Printed Nameof Witness
STATE OF BH ocida
COUNTY OF x
The aforegoing instrument was acknowledged before me this 153 day of November, 2019, by James Larry Houston,
who is personally known to me or has produced FL “De as identification.
OX wok Hit
Notary Public
Andi Hutto
Notary Public, State of Florida
Comm. Expires May 27, 2023
Comm. No. GG338536
Warranty Deed - Page 3 DoubleTime®
BK: 8250 PG: 1940
:
In Witness Whereof, grantor has hereunto sct grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Vf
Witness Matthew Houston :
A fd &
Sy bn
< oP a
Michcles Ruechant ait @
Printed Name of Witness
bape. [ha
itness
Riche. Rees
Printed Name of Witness
STATE OF a
COUNTY OF
The aforegoing instrument was acknowledgi before me
is personally known to me or has produced Sy Dy 12o pnd
thi:
CL
day of November, 2019, by Matthew Houston, who
as identification..
ary Public.
BRENDA A. RUEHLMAN
Notary Public, Alabama State At Large
My Commission Expires April 21, 2021
1
Warranty Deed - Page 4 DoubleTime®
BK: 8250 PG: 1941
:
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence:
Inyo
Witness 77
b bthick Woatu.
Heather Cook
Cave
Mery Lee Wallick.
Printed-Name of Witness
Witness
Printed Name of Witness
Chena
STATE OF
COUNTY OF
The aforegoing instrument was acknowl Si efore me day of November, 2019, by Heather Cook, who is
personally known to me or has produced. as identification.
PERRET TIERRA
VICKI K GEORGE
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SOAR RRRY
Warranty Deed - Page 5 DoubleTime®
BK: 8250 PG: 1942 Last Page
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In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered in our presence
Witness
Lokig Kee
Chrisfopfer Hofston
Daves t, des Ji
Printed Name of Witness
C9
Witness
<8.)
Agat L Sut
Printed Name of Witness
STATE OF Flo cick
COUNTY OF SCAMILA
It A A vag Zo ah
The aforegoing instrument was acknowledged before me this 3 s day of Nowormber? 2049, by Christopher Houston,
who is personally known to me or has produced as identification.
LeMif
Notary Public
eee N, JR.
a 77, CHARLES | sige
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Hains 23,5, 2021
Ypebruaty 28, OOcee
Warranty Deed - Page 6 DoubleTime®
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Filing # 130708860 E-Filed 07/15/2021 11:08:23 AM IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT IN AND FOR ESCAMBIA COUNTY, FLORIDA CIVIL DIVISION VENTUS PROPERTIES, LLC, Plaintiff, CASE NO.: VS. DIVISION: UNKNOWN OCCUPANT #1; UNKNOWN OCUPANT #2; AND ANY AND ALL UNKNOWN OCCUTPANTS IN POSSESSION, Defendants. / PLAINTIFF’S COMPLAINT FOR EJECTMENT - WRIT OF POSSESSION COMES NOW, VENTUS PROPERTIES, LLC (hereinafter referred to as “Plaintiff”), by and through its undersigned counsel, and hereby files this Complaint for Ejectment — Writ of Possession against Defendants, UNKNOWN OCCUPANT #1; UNKNOWN OCUPANT #2; AND ANY AND ALL UNKNOWN OCCUTPANTS IN POSSESSION (hereinafter referred to as “Defendants”), and as grounds therefore states as follows: PARTIES AND JURISDICTION This is an action for Ejectment and recovery of real property located in Escambia County, Florida. The property that is the subject of this proceeding is located at 23 Linda St., Pensacola, FL 32506 (hereinafter referred to as the “Property”). Plaintiff, VENTUS PROPERTIES, LLC, is an entity with its principal address at 1330 Van Beurden Drive, #102, Los Osos, CA 93402. Defendant, UNKNOWN OCCUPANT #1, the name being fictitious to account for parties in possession may claim some interest in the Property that is the subject of this action by virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property. The name of this Defendant is unknown to the Plaintiff. Defendant, UNKNOWN OCCUPANT #2, the name being fictitious to account for parties in possession may claim some interest in the Property that is the subject of this action by virtue of an unrecorded lease or purchase option, by virtue of possession, or may otherwise claim an interest in the Property. The name of this Defendant is unknown to the Plaintiff. Plaintiff is the legal owner of the Property by virtue of a Warranty Deed executed on November 25, 2019, and recorded on February 21, 2020, in Book 8250, Page 1937 of the Official Public Records of Escambia County, Florida. Venue is proper in Escambia County pursuant to Fla. Stat. § 47.011 because the Property which is the subject of this case is located and situated in Escambia County. This Court has exclusive jurisdiction over this action pursuant to Fla. Stat. §26.012(2)(f). GENERAL ALLEGATIONS Plaintiff re-alleges paragraphs 1 through 8 and incorporates each paragraph herein by reference. 10. Plaintiff is the legal owner of the Property by virtue of a Warranty Deed executed on November 25, 2019, and recorded on February 21, 2020, in Book 8250, Page 1937 of the Official Public Records of Escambia County, Florida. See a copy of the Warranty Deed attached hereto as Exhibit “A” and incorporation herein by reference. 11 Defendants broke into the Property and are currently squatting there, unlawfully and against the wishes of Plaintiff, the rightful owner. 12 Defendants are under no lease agreement and have no other possessory interest in the Property. 13 Plaintiff has been unable to rent this residence because of Defendants’ occupancy and has correspondingly been damaged by way of lost rents. 14 Additionally, Plaintiff has been deprived of its own use, possession, and enjoyment of the Property. 15 Plaintiff has retained the undersigned to represent it in this Ejectment action and is responsible to pay reasonable attorney’s fees and costs regarding said representation. COUNT I- WRIT OF EJECTMENT - WRIT OF POSSESSION 16. Plaintiff re-alleges paragraphs 1 through 15 and incorporates each paragraph herein by reference. 17 This is an action to Eject Defendants from the Property described herein. 18, Defendants have no legal or possessory interest in the Property and are remaining there unlawfully and against the wished of Plaintiff, the rightful owner. 19, As of the date of filing the instant action, Defendants have not vacated and remain in possession of the Property. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] WHEREFORE, Plaintiff demands judgment against Defendants for possession of the Property and respectfully requests that this Court award its attorney’s fees and costs in accordance with Florida Statute Chapter §66 and such other relief as this Court deems that Plaintiff is entitled. /s/ Damian G. Waldman Damian G. Waldman, Esq. Florida Bar No. 0090502 Law Offices of Damian G. Waldman, P.A. P.O. Box 5162 Largo, FL 33779 Telephone: (727) 538-4160 Facsimile: (727) 240-4972 Email 1: damian@dwaldmanlaw.con E-Service: service@dwaldmanlaw.com Attorneys for Plaintiff Recorded in Public Records 2/21/2020 2:08 PM OR Book 8250 Page 1937, Instrument #2020015847, Pam Childers Clerk of the Circuit Court Escambia County, FL Recording $52.50 Deed Stamps $294.00 Prepared by and return to: Law Offices of Damian G. Waldman, P.A. 10333 Seminole Blvd. Units 1 & 2 Seminole, FL 33778 727-538-4160 File Number: 19-003 Will Call No.: [Space Above ‘This Line For Recording Data] Warranty Deed This Warranty Deed made this_@3 _ day of November, 2019 between Robert Ernest Houston whose post office address is 612 Rodney Street, Pensacola, FL 32534 gantor; James Larry Houston, whos post office address iss 6904 Olsen Street, Pensacola, FL 32506 grantor; Matthew Houston, whose post office address is 103 Glenmore Drive, Madison, AL 35757 grantor; Heather Cook whose post office address is 29028 S. 369 W. Ave., Bristow, OK 74010 grantor; and Christopher Houston whose post office address is 8100 W. Hwy 98 #1009d, Pensacola, FL 32506 grantor, and Ventus Properties, LLC, whose post office address is 1330 Van Beurden Drive, # 102, Los Osos, CA 93402, grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hcrcby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Escambia County, Florida to-wit: Lot 4, Block 4, DeLuna Park according to the map or plat thereof recorded in Plat Book 3, at Page 20, the Public Records of Escambia County Florida Parcel Identification Number: 3525306000004004 23 Linda Street, Pensacola, Florida 32506 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 land is free of all encumbrances, except taxes accruing subsequent to December 31, 2018. EXHIBIT A DoubleTime® BK: 8250 PG: 1938 we ‘ In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed ang clivered in our ‘esence: /7 Tou o Robett dmast Maus tons Witn¢ss Robert Ernest Houston we PowelC lame of WitWess Witngss Vers Printed Name of Witness state or fof, dq COUNTY OF _ ESvambia The aforegoing instrument was acknowledged before me this 6B day of November, 2019, by Robert Ernest Houston, who is personally known to me or has produced FLD as identification. Andi Hutto Notary Public, State of Florida ‘Comm. Expires May 27, 2023 Notary Public Hate ‘Comm. No. GG338536 Warranty Deed - Page 2 DoubleTime® BK: 8250 PG: 1939 In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and deliver Witness dos ONY. es Larry Ho Rion NO ALAA. Na ell ated {me of Witness NNO DES ts AsL 4) Wii i [ORM Printed Nameof Witness STATE OF BH ocida COUNTY OF x The aforegoing instrument was acknowledged before me this 153 day of November, 2019, by James Larry Houston, who is personally known to me or has produced FL “De as identification. OX wok Hit Notary Public Andi Hutto Notary Public, State of Florida Comm. Expires May 27, 2023 Comm. No. GG338536 Warranty Deed - Page 3 DoubleTime® BK: 8250 PG: 1940 : In Witness Whereof, grantor has hereunto sct grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Vf Witness Matthew Houston : A fd & Sy bn < oP a Michcles Ruechant ait @ Printed Name of Witness bape. [ha itness Riche. Rees Printed Name of Witness STATE OF a COUNTY OF The aforegoing instrument was acknowledgi before me is personally known to me or has produced Sy Dy 12o pnd thi: CL day of November, 2019, by Matthew Houston, who as identification.. ary Public. BRENDA A. RUEHLMAN Notary Public, Alabama State At Large My Commission Expires April 21, 2021 1 Warranty Deed - Page 4 DoubleTime® BK: 8250 PG: 1941 : In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence: Inyo Witness 77 b bthick Woatu. Heather Cook Cave Mery Lee Wallick. Printed-Name of Witness Witness Printed Name of Witness Chena STATE OF COUNTY OF The aforegoing instrument was acknowl Si efore me day of November, 2019, by Heather Cook, who is personally known to me or has produced. as identification. PERRET TIERRA VICKI K GEORGE otaty one (an in e for “QDNotaryieki Public H tang Sig STATE Cammissen. econ SARE Expires: May2, 2028 SOAR RRRY Warranty Deed - Page 5 DoubleTime® BK: 8250 PG: 1942 Last Page . s In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delivered in our presence Witness Lokig Kee Chrisfopfer Hofston Daves t, des Ji Printed Name of Witness C9 Witness <8.) Agat L Sut Printed Name of Witness STATE OF Flo cick COUNTY OF SCAMILA It A A vag Zo ah The aforegoing instrument was acknowledged before me this 3 s day of Nowormber? 2049, by Christopher Houston, who is personally known to me or has produced as identification. LeMif Notary Public eee N, JR. a 77, CHARLES | sige tate en oe com 0 on E soires Hains 23,5, 2021 Ypebruaty 28, OOcee Warranty Deed - Page 6 DoubleTime®