Preview
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Foreclosure Division ao drat. rr fe
945 North Temple Avenue 3 é f hg Sar cees
Starke, Florida 32091 ba soz 1e $ 000.650
gE "TE 0001959275 JUL 30 2020
zo a5 MAILED FROM ZIP CODE 32091
UNKNOWN TENANT OR ANY OTHER PERSON IN |
POSSESSION :
825 PARKWOOD PLACE !
ST4°¥R FI 27091
NEIXIE 322 $8 1 7202/03/28
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NO MAIL RECEPTACLE i
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Cr:IN THE CIRCUIT COURT
OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR BRADFORD COUNTY, FLORIDA
CASE NUMBER: 04-2019-CA-000413-CAAM
Circuit Civil Division
BANK OF AMERICA NA,
Plaintiff,
-vs-
UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION
XANUE NGUYEN,
Defendant.
THIS CAUSE came before the Court on Plaintiffs Motion to Amend Summary Final
Judgment dated February 17, 2020 to Correct Scrivener’s Errors and/or Omissions, and the Court
being duly advised in the premises hereby ORDERS as follows:
1. Plaintiffs Motion to Amend Summary Final Judgment dated February 17, 2020 is GRANTED.
2. The Amended Final Judgment Summary as to Plaintiff's Motion shall be entered forthwith.
DONE AND ORDERED on Tuesday, July 28, 2020.
David P. Kreider, Circuit Judge
04-207
19-CA-000413- 07/28/2020 10:41:23 AM
04-2019-CA-000413-CAAM Page I of 2CERTIFICATE OF SERVICE
I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Tuesday, July 28, 2020, to the following:
XANUE NGUYEN, AS TRUSTEE OF XANUE
OWN TEN, OR SECURITY FIRST TRUST, A FOREIGN GRANTORS
OTHER PERSON IN POSSESSION TRUST DATED 05/20/2016
825 PARKWOOD PLACE
1 HARBOR VIEW ST
STARKE, FL 32091 CENTRAL TAI PO, HONG KONG 999077
XANUE NGUYEN,
825 PARKWOOD PLACE
STARKE, FL 32091
Greg Rosenthal, Esq.
Answers @ dallegal.com
Pamela Glover, Assistant
(04-2019-CA-000413-CAAM 07/28/2020 11:28:32 AM
Under the Americans with Disabilities Act, if you are a person with a disability
who needs any accommodation in order to participate in a proceeding, you are
entitled to be provided with certain assistance at no cost to you. Please contact
the ADA Coordinator at (352)337-6237 at least 7 days before your scheduled
court appearance, or immediately upon receiving this notification if the time
before the scheduled appearance is less than 7 days. If you are hearing or voice
impaired, call 1-800-955-8770 via Florida Relay Service.
04-2019-CA-000413-CAAM Page 2 of 2IN THE CIRCUIT COURT OF THE EIGHTH
JUDICIAL CIRCUIT IN AND FOR BRADFORD
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO.: 04-2019-CA-000413
BANK OF AMERICA, N.A.,
Plaintiff,
vs.
XANUE NGUYEN, AS TRUSTEE OF XANUE
SECURITY FIRST TRUST, A FOREIGN
GRANTORS TRUST DATED 05/20/2016;
UNKNOWN TENANT OR ANY OTHER PERSON
IN POSSESSION; and all unknown parties claiming
by, through, under or against the named Defendants,
whether living or not, and whether said unknown
parties claim as heirs, devisees, grantees, assignees,
lienors, creditors, trustees, or in any other capacity,
claiming by, through under or against the named
Defendants,
Defendants.
/
AMENDED FINAL SUMMARY JUDGMENT
THIS CAUSE, having come before the Court on the Plaintiff, BANK OF AMERICA,
NATIONAL ASSOCIATION’s (hereinafter referred to as "Plaintiff"), Motion for Summary Final
Judgment, and the Court having reviewed the Motion for Summary Final Judgment, the
supporting affidavit of Jonathan Grim, Director, Research and Recovery of Carrington Mortgage
Services, LLC (“Carrington”) loan servicer for Plaintiff and the Answer and Report of Guardian,
Administrator and Attorney Ad Litem (the “GAL”) Joseph J. Huss, Esq., the Court finds, based
on the record, that the following are the undisputed facts in this matter:
1. On July 18, 2016, the Plaintiff acquired title to the following described real property in
Bradford County, Florida (hereinafter referred to as the "Property") via a Quit Claim Deed recorded
on July 29, 2016, in Official Records Book 1638 at Page 426 of the Public Records of BradfordCounty, Florida:
LOT 47, PARKWOOD SUBDIVISION, AS PER PLAT
THEREOF RECORDED IN PLAT BOOK 3, PAGE 5 OF THE
PUBLIC RECORDS OF BRADFORD COUNTY, FLORIDA
Street Address: 825 PARKWOOD PLACE, STARKE, FLORIDA 32091
2. A Special Warranty Deed was recorded on May 24, 2018 in Official Records
Book 1736 at Page 173 of the Public Records of Bradford County, Florida in favor of
Defendant, XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST,
A FOREIGN GRANTORS TRUST, DATED 05/20/2016.
3. The Special Warranty Deed is facially incorrect and an otherwise
fraudulent document.
4. Specifically this Court finds that the person who purportedly signed the Special
Warranty Deed on Plaintiff’s behalf, Scotty Highsmith, is not an employee of Plaintiff or its loan
servicer/attorney-in-fact Carrington or an Assistant Vice President on the date the Special
Warranty Deed was allegedly executed or at any time prior or subsequent thereto.
5. The fallacious Special Warranty Deed was allegedly prepared by Stephanie
Abscolhitz c/o Carrington at PO Box 21288, Chino, California 91708. Specifically, this
Court finds that Carrington does not maintain a PO Box 21288, Chino, California 91708.
Further, no person by the name of Stephanie Abscolhitz was employed by Plaintiff or its
loan servicer/attorney-in-fact Carrington at the time the Special Warranty Deed was
prepared or at any time prior or subsequent thereto.
6. Moreover, this Court specifically finds that the person who purportedlynotarized the signature on the Special Warranty Deed, Bhavdip Chhotalal Chauhan, has
never been employed by Plaintiff or its loan servicer/attorney-in-fact Carrington in any
capacity. The Notary stamp for Bhavdip Chhotalal Chauhan states that he/she is a Notary
Public in the state of Minnesota. Carrington did not maintain any offices in Minnesota at
the time the Special Warranty Deed was prepared or at any time prior or subsequent
thereto.
7. Furthermore, this Court finds that neither of the individuals who purportedly
witnessed the Plaintiff’s signature on the Special Warranty Deed Adam Wiseman nor Peter
Pasley were employed by Plaintiff or its loan servicer/attorney-in-fact Carrington at the
time the Special Warranty Deed was prepared or at any time prior or subsequent thereto.
8. In truth and in fact, however, it appears the Special Warranty Deed was
prepared by or on behalf of the Defendant XANUE NGUYEN, AS TRUSTEE OF
XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED
05/20/2016 for the specific purposes of effectuating a scheme to deprive the Plaintiff (and
likely others) of title to real property.
9. The Plaintiff has never transferred, conveyed or otherwise relinquished its title
interest in the Property.
10. In particular, the Plaintiff has never transferred, conveyed or otherwise
relinquished its title interest in the Property to Defendant XANUE NGUYEN, AS TRUSTEE
OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED
05/20/2016.
Based upon the foregoing, this Court makes the following conclusions of law:i. To transfer a property interest, a deed must be in writing and signed by the person
conveying such interest. See, e.g., Griem v. Zabala, 744 So.2d 1139, 1140 (Fla. 3rd DCA 1999)
(citing Fla. Stat. §689.01). Consistent therewith, a deed that is not signed by the property owner has
no force or effect. See, e.g., Griem, 744 at 1140. In the instant action, the Special Warranty Deed
was not signed by the Plaintiff. To the contrary, this instrument was executed and recorded
without the Plaintiff's knowledge or consent. Accordingly, the Special Warranty Deed is
invalid.
ii. Under Florida law, a forgery exists where a person makes a writing that falsely
purports to be the writing of another, made with the intent to injure or defraud any person. See, e.g.,
Schauer v. GMACG, 819 So.2d 809, 814 (Fla. 4th DCA 2002). Moreover, a forged deed is absolutely
void and wholly ineffectual to transfer title. See, e.g., Knowles v. Edwards, 967 So.2d 255, 256 (Fla.
3rd DCA 2007); Moore v. Smith-Snagg, 793 So.2d 1000, 1002 (Fla. 5th DCA 2001). In the instant
action, the Special Warranty Deed falsely purports to be a writing of the Plaintiff and was
intended to divest the Plaintiff of its title interest without its knowledge or consent. Thus, the
Special Warranty Deed is a forgery and is void.
iii, Any conveyances that occur after a forged deed are void, even as to a subsequent
innocent purchaser. See, e.g., Knowles, 967 So.2d at 256; Moore, 793 So.2d at 1002. In the instant
action, any conveyance that occurred after the forged Special Warranty Deed is void.
iv. Delivery of a deed is essential to its effectiveness; without delivery, nothing passes
to the grantee. See, e.g., Sargent v. Baxter, 673 So.2d 979, 980 (Fla. 4th DCA 1996) (“{a] deed is
essentially worthless as an instrument of title without delivery”). Delivery occurs when the grantor
parts with control of the deed, or evinces an intention to do so, and to pass it on to the grantee,
though he may retain the custody or turn it over to another, or place it upon the record. See, e.g.,Sargent, 673 So.2d at 980. In the instant action, the Special Warranty Deed was executed and
recorded without the knowledge, consent or authorization of the Plaintiff. Since the Plaintiff
never had dominion or control over the Special Warranty Deed, it could not deliver the same.
Thus, the Special Warranty Deed has no force or effect.
ACCORDINGLY, IT IS HEREBY ORDERED AND ADJUDGED:
A. The Plaintiff’s Motion for Summary Final Judgment is GRANTED.
B. The Plaintiff is hereby declared the current and rightful owner of the Property by
virtue of a Quit Claim Deed recorded on July 29, 2016, in Official Records Book 1638 at Page 426
of the Public Records of Bradford County, Florida.
3. The Court further declares that the Special Warranty Deed was recorded on May
24, 2018 in Official Records Book 1736 at Page 173 of the Public Records of Bradford
County, Florida is void, as the Plaintiff did not execute this instrument and did not otherwise
consent, authorize or agree to transfer its title to the Property.
Cc. The Court further declares that Defendants, XANUE NGUYEN, AS TRUSTEE
OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED
05/20/2016; UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION, and
all persons claiming by, through, under and against these Defendants, do not have any legal or
equitable interest in the Property.
D. The Plaintiff’s title to the Property is hereby quieted against the claims of
Defendants, XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST,
A FOREIGN GRANTORS TRUST, DATED 05/20/2016 and UNKNOWN TENANT
OR ANY OTHER PERSON IN POSSESSION, arising under the Special Warranty Deed
recorded on May 24, 2018 in Official Records Book 1736 at Page 173 of the PublicRecords of Bradford County, Florida, and against all other persons claiming by, through, under
and against these Defendants.
E. The Plaintiff is hereby granted immediate possession of the Property and
Defendants XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST,
A FOREIGN GRANTORS TRUST, DATED 05/20/2016 and UNKNOWN TENANT
OR ANY OTHER PERSON IN POSSESSION, and all persons claiming by, through, under
and against these Defendants, including but not limited to any tenants, occupants, dwellers or
squatters, shall vacate the Property without delay. The Court reserves jurisdiction to issue a writ
of possession commanding the sheriff to enter the Property and give possession to the Plaintiff, if
necessary.
F. The Court reserves jurisdiction as to award the Plaintiff its costs.
G. Finally, the Court GRANTS the Motion to Discharge Guardian Ad Litem and
Award Ad Litem Fees. The Court finds that the GAL (Joseph J. Huss) is entitled to be
compensated for his services in this matter and hereby awards the GAL $900.00 in attorney’s
fees to be paid by the Plaintiff forthwith.
DONE AND ORDERED in Chambers at the Bradford County Courthouse, Starke,
Florida on Tuesday, July 28, 2020.
David P. Kreider, Circuit Judge
04-2019-CA-000413-CAAM 07/28/2020 03:08:24 PM
CC: Parties on attached service list.SERVICE LIST
Case No. 04-2019-CA-000413
GREG H. ROSENTHAL, ESQ.
SHD LEGAL GROUP, P.A.
COUNSEL FOR PLAINTIFF
499 N.W. 70™ AVE., SUITE 309
FORT LAUDERDALE, FL 33317
SERVICE EMAIL: ANSWERS@SHDLEGALGROUP.COM
XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST,
A FOREIGN GRANTORS TRUST DATED 05/20/2016
1 HARBOR VIEW ST
CENTRAL TAI PO, HONG KONG 999077
XANUE NGUYEN, AS TRUSTEE OF XANUE
SECURITY FIRST TRUST, A FOREIGN
GRANTORS TRUST, DATED 05/20/2016
825 PARKWOOD PLACE
STARKE, FL 32091
UNKNOWN TENANT OR ANY OTHER
PERSON IN POSSESSION
825 PARKWOOD PLACE
STARKE, FL 32091
GUARDIAN AD LITEM
JOSEPH J. HUSS, ESQ.
KRINZMAN, HUSS, LUBETSKY, FELDMAN & HOTTE
110 S.E. 6™ STREET, SUITE 1430
FT. LAUDERDALE, FL 33301
JJH@KHLLAW.COM
ESERV. HLLAW.
Preview
Bradford County Courthouse 3 pes Pm Foreclosure Division ao drat. rr fe 945 North Temple Avenue 3 é f hg Sar cees Starke, Florida 32091 ba soz 1e $ 000.650 gE "TE 0001959275 JUL 30 2020 zo a5 MAILED FROM ZIP CODE 32091 UNKNOWN TENANT OR ANY OTHER PERSON IN | POSSESSION : 825 PARKWOOD PLACE ! ST4°¥R FI 27091 NEIXIE 322 $8 1 7202/03/28 | RETURN TO SENDER | { NO MAIL RECEPTACLE i UNABLE TG FORWARD jy. NM : BC: 32091211945 *@S538-11893-39-46 SS0G Eeg50 Cod: = 32091>2110 fil UadeTye feces ty ef A HLed ad feongg tly ( = i Cr:IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA CASE NUMBER: 04-2019-CA-000413-CAAM Circuit Civil Division BANK OF AMERICA NA, Plaintiff, -vs- UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION XANUE NGUYEN, Defendant. THIS CAUSE came before the Court on Plaintiffs Motion to Amend Summary Final Judgment dated February 17, 2020 to Correct Scrivener’s Errors and/or Omissions, and the Court being duly advised in the premises hereby ORDERS as follows: 1. Plaintiffs Motion to Amend Summary Final Judgment dated February 17, 2020 is GRANTED. 2. The Amended Final Judgment Summary as to Plaintiff's Motion shall be entered forthwith. DONE AND ORDERED on Tuesday, July 28, 2020. David P. Kreider, Circuit Judge 04-207 19-CA-000413- 07/28/2020 10:41:23 AM 04-2019-CA-000413-CAAM Page I of 2CERTIFICATE OF SERVICE I HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Tuesday, July 28, 2020, to the following: XANUE NGUYEN, AS TRUSTEE OF XANUE OWN TEN, OR SECURITY FIRST TRUST, A FOREIGN GRANTORS OTHER PERSON IN POSSESSION TRUST DATED 05/20/2016 825 PARKWOOD PLACE 1 HARBOR VIEW ST STARKE, FL 32091 CENTRAL TAI PO, HONG KONG 999077 XANUE NGUYEN, 825 PARKWOOD PLACE STARKE, FL 32091 Greg Rosenthal, Esq. Answers @ dallegal.com Pamela Glover, Assistant (04-2019-CA-000413-CAAM 07/28/2020 11:28:32 AM Under the Americans with Disabilities Act, if you are a person with a disability who needs any accommodation in order to participate in a proceeding, you are entitled to be provided with certain assistance at no cost to you. Please contact the ADA Coordinator at (352)337-6237 at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days. If you are hearing or voice impaired, call 1-800-955-8770 via Florida Relay Service. 04-2019-CA-000413-CAAM Page 2 of 2IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR BRADFORD COUNTY, FLORIDA. CIVIL DIVISION CASE NO.: 04-2019-CA-000413 BANK OF AMERICA, N.A., Plaintiff, vs. XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST DATED 05/20/2016; UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION; and all unknown parties claiming by, through, under or against the named Defendants, whether living or not, and whether said unknown parties claim as heirs, devisees, grantees, assignees, lienors, creditors, trustees, or in any other capacity, claiming by, through under or against the named Defendants, Defendants. / AMENDED FINAL SUMMARY JUDGMENT THIS CAUSE, having come before the Court on the Plaintiff, BANK OF AMERICA, NATIONAL ASSOCIATION’s (hereinafter referred to as "Plaintiff"), Motion for Summary Final Judgment, and the Court having reviewed the Motion for Summary Final Judgment, the supporting affidavit of Jonathan Grim, Director, Research and Recovery of Carrington Mortgage Services, LLC (“Carrington”) loan servicer for Plaintiff and the Answer and Report of Guardian, Administrator and Attorney Ad Litem (the “GAL”) Joseph J. Huss, Esq., the Court finds, based on the record, that the following are the undisputed facts in this matter: 1. On July 18, 2016, the Plaintiff acquired title to the following described real property in Bradford County, Florida (hereinafter referred to as the "Property") via a Quit Claim Deed recorded on July 29, 2016, in Official Records Book 1638 at Page 426 of the Public Records of BradfordCounty, Florida: LOT 47, PARKWOOD SUBDIVISION, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 5 OF THE PUBLIC RECORDS OF BRADFORD COUNTY, FLORIDA Street Address: 825 PARKWOOD PLACE, STARKE, FLORIDA 32091 2. A Special Warranty Deed was recorded on May 24, 2018 in Official Records Book 1736 at Page 173 of the Public Records of Bradford County, Florida in favor of Defendant, XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016. 3. The Special Warranty Deed is facially incorrect and an otherwise fraudulent document. 4. Specifically this Court finds that the person who purportedly signed the Special Warranty Deed on Plaintiff’s behalf, Scotty Highsmith, is not an employee of Plaintiff or its loan servicer/attorney-in-fact Carrington or an Assistant Vice President on the date the Special Warranty Deed was allegedly executed or at any time prior or subsequent thereto. 5. The fallacious Special Warranty Deed was allegedly prepared by Stephanie Abscolhitz c/o Carrington at PO Box 21288, Chino, California 91708. Specifically, this Court finds that Carrington does not maintain a PO Box 21288, Chino, California 91708. Further, no person by the name of Stephanie Abscolhitz was employed by Plaintiff or its loan servicer/attorney-in-fact Carrington at the time the Special Warranty Deed was prepared or at any time prior or subsequent thereto. 6. Moreover, this Court specifically finds that the person who purportedlynotarized the signature on the Special Warranty Deed, Bhavdip Chhotalal Chauhan, has never been employed by Plaintiff or its loan servicer/attorney-in-fact Carrington in any capacity. The Notary stamp for Bhavdip Chhotalal Chauhan states that he/she is a Notary Public in the state of Minnesota. Carrington did not maintain any offices in Minnesota at the time the Special Warranty Deed was prepared or at any time prior or subsequent thereto. 7. Furthermore, this Court finds that neither of the individuals who purportedly witnessed the Plaintiff’s signature on the Special Warranty Deed Adam Wiseman nor Peter Pasley were employed by Plaintiff or its loan servicer/attorney-in-fact Carrington at the time the Special Warranty Deed was prepared or at any time prior or subsequent thereto. 8. In truth and in fact, however, it appears the Special Warranty Deed was prepared by or on behalf of the Defendant XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016 for the specific purposes of effectuating a scheme to deprive the Plaintiff (and likely others) of title to real property. 9. The Plaintiff has never transferred, conveyed or otherwise relinquished its title interest in the Property. 10. In particular, the Plaintiff has never transferred, conveyed or otherwise relinquished its title interest in the Property to Defendant XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016. Based upon the foregoing, this Court makes the following conclusions of law:i. To transfer a property interest, a deed must be in writing and signed by the person conveying such interest. See, e.g., Griem v. Zabala, 744 So.2d 1139, 1140 (Fla. 3rd DCA 1999) (citing Fla. Stat. §689.01). Consistent therewith, a deed that is not signed by the property owner has no force or effect. See, e.g., Griem, 744 at 1140. In the instant action, the Special Warranty Deed was not signed by the Plaintiff. To the contrary, this instrument was executed and recorded without the Plaintiff's knowledge or consent. Accordingly, the Special Warranty Deed is invalid. ii. Under Florida law, a forgery exists where a person makes a writing that falsely purports to be the writing of another, made with the intent to injure or defraud any person. See, e.g., Schauer v. GMACG, 819 So.2d 809, 814 (Fla. 4th DCA 2002). Moreover, a forged deed is absolutely void and wholly ineffectual to transfer title. See, e.g., Knowles v. Edwards, 967 So.2d 255, 256 (Fla. 3rd DCA 2007); Moore v. Smith-Snagg, 793 So.2d 1000, 1002 (Fla. 5th DCA 2001). In the instant action, the Special Warranty Deed falsely purports to be a writing of the Plaintiff and was intended to divest the Plaintiff of its title interest without its knowledge or consent. Thus, the Special Warranty Deed is a forgery and is void. iii, Any conveyances that occur after a forged deed are void, even as to a subsequent innocent purchaser. See, e.g., Knowles, 967 So.2d at 256; Moore, 793 So.2d at 1002. In the instant action, any conveyance that occurred after the forged Special Warranty Deed is void. iv. Delivery of a deed is essential to its effectiveness; without delivery, nothing passes to the grantee. See, e.g., Sargent v. Baxter, 673 So.2d 979, 980 (Fla. 4th DCA 1996) (“{a] deed is essentially worthless as an instrument of title without delivery”). Delivery occurs when the grantor parts with control of the deed, or evinces an intention to do so, and to pass it on to the grantee, though he may retain the custody or turn it over to another, or place it upon the record. See, e.g.,Sargent, 673 So.2d at 980. In the instant action, the Special Warranty Deed was executed and recorded without the knowledge, consent or authorization of the Plaintiff. Since the Plaintiff never had dominion or control over the Special Warranty Deed, it could not deliver the same. Thus, the Special Warranty Deed has no force or effect. ACCORDINGLY, IT IS HEREBY ORDERED AND ADJUDGED: A. The Plaintiff’s Motion for Summary Final Judgment is GRANTED. B. The Plaintiff is hereby declared the current and rightful owner of the Property by virtue of a Quit Claim Deed recorded on July 29, 2016, in Official Records Book 1638 at Page 426 of the Public Records of Bradford County, Florida. 3. The Court further declares that the Special Warranty Deed was recorded on May 24, 2018 in Official Records Book 1736 at Page 173 of the Public Records of Bradford County, Florida is void, as the Plaintiff did not execute this instrument and did not otherwise consent, authorize or agree to transfer its title to the Property. Cc. The Court further declares that Defendants, XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016; UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION, and all persons claiming by, through, under and against these Defendants, do not have any legal or equitable interest in the Property. D. The Plaintiff’s title to the Property is hereby quieted against the claims of Defendants, XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016 and UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION, arising under the Special Warranty Deed recorded on May 24, 2018 in Official Records Book 1736 at Page 173 of the PublicRecords of Bradford County, Florida, and against all other persons claiming by, through, under and against these Defendants. E. The Plaintiff is hereby granted immediate possession of the Property and Defendants XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016 and UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION, and all persons claiming by, through, under and against these Defendants, including but not limited to any tenants, occupants, dwellers or squatters, shall vacate the Property without delay. The Court reserves jurisdiction to issue a writ of possession commanding the sheriff to enter the Property and give possession to the Plaintiff, if necessary. F. The Court reserves jurisdiction as to award the Plaintiff its costs. G. Finally, the Court GRANTS the Motion to Discharge Guardian Ad Litem and Award Ad Litem Fees. The Court finds that the GAL (Joseph J. Huss) is entitled to be compensated for his services in this matter and hereby awards the GAL $900.00 in attorney’s fees to be paid by the Plaintiff forthwith. DONE AND ORDERED in Chambers at the Bradford County Courthouse, Starke, Florida on Tuesday, July 28, 2020. David P. Kreider, Circuit Judge 04-2019-CA-000413-CAAM 07/28/2020 03:08:24 PM CC: Parties on attached service list.SERVICE LIST Case No. 04-2019-CA-000413 GREG H. ROSENTHAL, ESQ. SHD LEGAL GROUP, P.A. COUNSEL FOR PLAINTIFF 499 N.W. 70™ AVE., SUITE 309 FORT LAUDERDALE, FL 33317 SERVICE EMAIL: ANSWERS@SHDLEGALGROUP.COM XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST DATED 05/20/2016 1 HARBOR VIEW ST CENTRAL TAI PO, HONG KONG 999077 XANUE NGUYEN, AS TRUSTEE OF XANUE SECURITY FIRST TRUST, A FOREIGN GRANTORS TRUST, DATED 05/20/2016 825 PARKWOOD PLACE STARKE, FL 32091 UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION 825 PARKWOOD PLACE STARKE, FL 32091 GUARDIAN AD LITEM JOSEPH J. HUSS, ESQ. KRINZMAN, HUSS, LUBETSKY, FELDMAN & HOTTE 110 S.E. 6™ STREET, SUITE 1430 FT. LAUDERDALE, FL 33301 JJH@KHLLAW.COM ESERV. HLLAW.