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Bradford County Courthouse, .
Foreclosure Division
945 North Temple Avenue
Starke, Florida 32091
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aIN 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-
XANUE NGUYEN, AS TRUSTEE, ET AL.
Defendants.
REPORT AND RECOMMENDATION OF THE GENERAL MAGISTRATE,
FINAL SUMMARY JUDGMENT QUIETING TITLE
THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the
record and being otherwise fully advised in the premises, the Magistrate finds as follows:
A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties.
B. Plaintiff has standing to bring this action.
C. All Defendants were properly served and noticed.
D. The Magistrate has examined the affidavits filed herein and finds that Plaintiff is entitled to the
relief set forth in the Final Summary Judgment set forth below.
E. All parties have waived the ten day period in which to file exceptions to the Report and
Recommendations of the General Magistrate.
04-2019-CA-000413-CAAM Page 1 of 7IT IS THEREFORE RECOMMENDED that the Final Summary Judgment set forth below,
including all findings of fact and adjudications contained therein, be entered by the Circuit Court.
REPORTED AND RECOMMENDED on Friday, February 14, 2020.
0214/2020 02:34:4
Paul Silverman, General Magistrate / Heat
04-2019-CA-000413-CAAM 02/14/2020 02:34:41 PM
04-2019-CA-000413-CAAM Page 2 of 7IN 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, 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 Bradford County,
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
04-2019-CA-000413-CAAM Page 3 of 72. 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 purportedly notarized 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.
04-2019-CA-000413-CAAM Page 4 of 7Based upon the foregoing, this Court makes the following conclusions of law:
1. 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
Plaintiffs knowledge or consent. Accordingly, the Special Warranty Deed is invalid.
2. 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.
GMAC, 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. Sth 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.
3. 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.
4. 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:
1. The Plaintiff's Motion for Summary Final Judgment is GRANTED.
2. The Plaintiff is hereby declared the current and rightful owner of the Property by virtue of a.
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.
4. The Court further declares that OR ANY OTHER PERSON IN , and all persons claiming by,
through, under and against these Defendants, do not have any legal or equitable interest in the
04-2019-CA-000413-CAAM Page 5 of 7Property.
5. The Plaintiff's title to the Property is hereby quieted against the claims of OR ANY OTHER
PERSON IN , arising under the , and against all other persons claiming by, through, under and
against these Defendants.
6. The Plaintiff is hereby granted immediate possession of the Property and Defendants OR ANY
OTHER PERSON IN , 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.
7. The Court reserves jurisdiction as to award the Plaintiff its costs.
8. 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 Starke, Bradford County, Florida on this Monday, February 17,
2020.
David P. Kreider, Circuit Judge
04-2019
-CA-00041; 02/17/2020 10:07:40 AM
04-2019-CA-000413-CAAM Page 6 of 7CERTIFICATE OF SERVICE
1 HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida
Courts E-Filing Portal on Monday, February 17, 2020 to the following:
UNKNOWN TENANT OR ANY OTHER PERSON IN
SHD LEGAL GROUP, PA POSSESSION
Answers@shdlegalgroup.com 825 PARKWOOD PLACE
STARKE, FL 32091
XANUE NGUYEN XANUE NGUYEN
1 HARBOR VIEW CENTRAL 825 PARKWOOD PLACE
TAI PO, FF 999077 STARKE, FL. 32091
Pamela Glover, Assis!
04-2019-CA-
tant
\-000413-CAAM 02/17/2020 11:21:39 AM
04-2019-CA-000413-CAAM Page 7 of 7
Preview
Bradford County Courthouse, . Foreclosure Division 945 North Temple Avenue Starke, Florida 32091 ‘ AENCKSONVILLE, cS POs Fimo 7 sei { 17 FEB ‘20 38 Sr == PN 24 ga zs “EameeW PITNEY BOWES 3 o2 ip... $ 000.65° BE 0001959275 FER i7 2020 co a MAILED FROM ZIP CODE 32091 \ ( UNKNOWN TENANT OR ANY OTHER PERSON IN POSSESSION 825 PARKWOOD PLACE STA wrxre 322 DE 1 e002/20/20 | RETURN TO SENDER j VACANT UNABLE TO FOR { vac BC: 320912131045 *1638-06153-17-37 32@91>2218 Ube tf tHE A bela fog teat a olay Hga fll SBe0Si-zdse2s aIN 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- XANUE NGUYEN, AS TRUSTEE, ET AL. Defendants. REPORT AND RECOMMENDATION OF THE GENERAL MAGISTRATE, FINAL SUMMARY JUDGMENT QUIETING TITLE THIS CAUSE having come before the undersigned General Magistrate, and having reviewed the record and being otherwise fully advised in the premises, the Magistrate finds as follows: A. The General Magistrate and the Court have jurisdiction of the subject matter and the parties. B. Plaintiff has standing to bring this action. C. All Defendants were properly served and noticed. D. The Magistrate has examined the affidavits filed herein and finds that Plaintiff is entitled to the relief set forth in the Final Summary Judgment set forth below. E. All parties have waived the ten day period in which to file exceptions to the Report and Recommendations of the General Magistrate. 04-2019-CA-000413-CAAM Page 1 of 7IT IS THEREFORE RECOMMENDED that the Final Summary Judgment set forth below, including all findings of fact and adjudications contained therein, be entered by the Circuit Court. REPORTED AND RECOMMENDED on Friday, February 14, 2020. 0214/2020 02:34:4 Paul Silverman, General Magistrate / Heat 04-2019-CA-000413-CAAM 02/14/2020 02:34:41 PM 04-2019-CA-000413-CAAM Page 2 of 7IN 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, 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 Bradford County, 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 04-2019-CA-000413-CAAM Page 3 of 72. 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 purportedly notarized 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. 04-2019-CA-000413-CAAM Page 4 of 7Based upon the foregoing, this Court makes the following conclusions of law: 1. 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 Plaintiffs knowledge or consent. Accordingly, the Special Warranty Deed is invalid. 2. 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. GMAC, 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. Sth 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. 3. 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. 4. 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: 1. The Plaintiff's Motion for Summary Final Judgment is GRANTED. 2. The Plaintiff is hereby declared the current and rightful owner of the Property by virtue of a. 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. 4. The Court further declares that OR ANY OTHER PERSON IN , and all persons claiming by, through, under and against these Defendants, do not have any legal or equitable interest in the 04-2019-CA-000413-CAAM Page 5 of 7Property. 5. The Plaintiff's title to the Property is hereby quieted against the claims of OR ANY OTHER PERSON IN , arising under the , and against all other persons claiming by, through, under and against these Defendants. 6. The Plaintiff is hereby granted immediate possession of the Property and Defendants OR ANY OTHER PERSON IN , 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. 7. The Court reserves jurisdiction as to award the Plaintiff its costs. 8. 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 Starke, Bradford County, Florida on this Monday, February 17, 2020. David P. Kreider, Circuit Judge 04-2019 -CA-00041; 02/17/2020 10:07:40 AM 04-2019-CA-000413-CAAM Page 6 of 7CERTIFICATE OF SERVICE 1 HEREBY CERTIFY that copies have been furnished by U.S. Mail or via filing with the Florida Courts E-Filing Portal on Monday, February 17, 2020 to the following: UNKNOWN TENANT OR ANY OTHER PERSON IN SHD LEGAL GROUP, PA POSSESSION Answers@shdlegalgroup.com 825 PARKWOOD PLACE STARKE, FL 32091 XANUE NGUYEN XANUE NGUYEN 1 HARBOR VIEW CENTRAL 825 PARKWOOD PLACE TAI PO, FF 999077 STARKE, FL. 32091 Pamela Glover, Assis! 04-2019-CA- tant \-000413-CAAM 02/17/2020 11:21:39 AM 04-2019-CA-000413-CAAM Page 7 of 7