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Filing # 103962148 E-Filed 02/26/2020 03:50:06 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
NATASHA Y. QUINCE,
Plaintiff,
vs. CASE NO.: 19-2537-CA
US BANK, NATIONAL ASSOCIATION,
Defendants.
/
JOINT STIPULATION FOR ORDER DISBURSING SURPLUS FUNDS
Defendant, US BANK, NATIONAL ASSOCIATION TRUSTEE FOR MASTER
ALTERNATIVE LOAN TRUST 2005-1 (“US Bank’) by and through undersigned counsel,
joined by Plaintiff, NATASHA QUINCE (“Quince”), files this Joint Stipulation for Order
Disbursing Surplus Funds (“Stipulation”) pursuant to Fla. R. Civ. Pro. 1.510 and 1.420 through
the undersigned party and counsel.
BACKGROUND
1, Quince is an assignee of the former owner of the property that gave rise to the tax
deed surplus in this matter.
2. On or about February 22, 2017, a tax deed sale (Tax Deed# 195132014) was
held, and the subject property (Parcel ID# 4162-003-001) was sold for an amount exceeding the
delinquent taxes and creating a surplus of funds.
3. The Clerk of the Court now has possession of surplus funds in the amount of
$28,746.05, following a tax deed sale of property previously owned by David Ortwein (“Tax
Deed Surplus”).
4, The real property in question is described as follows:
Electronically Filed Marion Case # 19CA002537AX 02/26/2020 03:50:06 PMLot 1, Block C, BELLEVIEW ESTATES SECOND ADDITION,
as per plat thereof recorded in Plat Book F, Page 121, Public
Records of Marion County, Florida.
Parcel Identification Number: R4162-003-001
5. The above-described property shall hereafter be referred to as the Subject
Property.
6. US Bank has a claim against the Tax Deed Surplus as a result of the unsatisfied
lien represented by the Mortgage encumbering the Subject Property, filed in the public records of
Marion County, Florida, recorded at O.R. Book 3875, Pages 1380-1396, on November 19, 2004,
in the amount of $57,500.
7. US Bank further states that it is the assignee of that Mortgage, which Assignment
was recorded at O.R. Book 5771, Page 537, on November 27, 2012, in the public records of
Marion County, Florida.
8. By virtue of the prior recorded Mortgage in the Public Records of Marion County,
Florida, US Bank possessed a lien on the property described therein, the sale of which generated
the Tax Deed Surplus.
9. As a result of the foregoing, US Bank has a claim to the Tax Deed Surplus that
conflicts with Quince’s, whose liens, interests, or other rights were recorded after or otherwise
subordinate to those of US Bank. See generally Fla. Stat. §§ 197.582; Walter E. Heller & Co.
Southeast, Inc. v. Williams, 450 So.2d 521, 532 (Fla. 3d DCA 1984), review denied, 462 So.2d
1108 (Fla.1985); DeMario v. Franklin Mortg. & Inv, Co., Inc., 648 So. 2d 210, 214 (Fla, 4th
DCA 1994); Fla. Admin. Code R. 12D-13,065(3) (2017).
10. US Bank is presently owed $31,339.41 from the account that is secured by the
Mortgage and which amount exceeds the available tax deed surplus.11. U.S. Bank’s Mortgage is serviced by CitiMortgage, Inc.
12. The defaulted party, by CapOne CLTRL Assignee of Fig 2233, was the applicant
for the tax deed, and had no lien or other claim against the Subject Property at the time of the tax
deed sale and no right to the Tax Deed Surplus. The Clerk of the Court entered a default against
CLTRL Assignee of Fig 223, on January 3, 2020 as to any claim it may have to the surplus
funds.
13. No other parties are believed to have even a potential claim, and no government
liens against the property are known to exist
14. Quince’s claims derive from its attorney-in-fact status for the legal title holders of
record at the time of the tax deed sale, David Ortwein, who acquired title to the Subject Property
via deed on November 15, 2004, and which Warranty Deed was recorded at O.R. Book 3875,
Page 1379 on November 19, 2004.
15. The two claimants, Quince and U.S. Bank, have disputed their relative priority to
the Tax Deed Surplus.
16. In order to resolve their dispute, Quince and U.S, Bank stipulate that the parties
shall receive the Tax Deed Surplus as follows, without objection by any other party that has
appeared in this action:
A. $2,000.00 to Natasha Quince by check payable to and mailed to Natasha Y.
Quince, c/o Gold Point Investments LLC, 14280 S. Military Trail, Unit 6112,
Delray Beach, FL 33482
B. The remainder of the surplus funds, to U.S. Bank, by check payable to
CitiMortgage, Inc., the servicer of U.S. Bank’s loan, and mailed to Christopher
A, Roach, Esq., Adams and Reese, LLP, 101 E. Kennedy Blvd., Suite 4000,
Tampa, Florida 33602.C. If any additional fees are extant and owed to the Clerk or should be deducted by
the Clerk, they can be taken from the amount payable to CitiMortgage Inc., as
servicer to U.S. Bank, by the Clerk.
17. The parties further stipulate that upon this distribution, this matter may be
dismissed with prejudice, with each party to bear its own fees and costs, upon the entry of the
order attached as Exhibit “1.”
WHEREFORE, the signatories respectfully requests that this Honorable Court enter an
Order directing that:
A. Payment shall be made in accordance with the stipulation above;
B. All such other and further relief as the Court deems appropriate, just, and
equitable under the circumstances be awarded.
2020
Date: oo
i
ChristopherX. Roach, Esq, Natasha Y,’Quince
Adams and Reese LLP Gold Poirit Investments LLC
101 E. Kennedy Blvd., Suite 4000 14280 S, Military Trail, Unit 6112
Tampa, FL 33602 Delray Beach, FL 33482
Email: chris.roach@arlaw.com (561) 633-2138
Email: teresa.soluri@arlaw.com goldpointinvestmentsilc@gmail.com
Counsel for Defendant U.S. Bank National Plaintiff, Pro Se
Association, as Trustee for Master
Alternative Loan Trust 2005-1CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on February 2@ 2020, the foregoing has been electronically
filed with the Clerk of Court through the Florida Courts’ E-Filing Portal. I further certify that the
foregoing document is being served on this day on all counsel of record identified below, either
via transmission of Notices of Electronic Filing generated by the E-Filing Portal or in some other
authorized manner for those counsel or parties not authorized to receive electronic Notices of
Electronic Filing, or via U.S, Mail:
Natasha Y. Quince Capone Cltrl Assignee of FIG 2233 c/o
Gold Point Investments LLC Fig Capital Investments, LLC
14280 S, Military Trail, Unit 6112 1000 Riverside Avenue, Suite 400
Delray Beach, FL 33482 Jacksonville, FL 32204
(561) 633-2138 Defendant
goldpointinvestmentslle@gmail.com
Plaintiff
4s/ Christopher A, Roach
Christopher A. Roach, Esq.
Florida Bar No. 0049033IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
IN AND FOR MARION COUNTY, FLORIDA
NATASHA Y. QUINCE,
Plaintiff,
vs. CASE NO.; 19-2537-CA
US BANK, NATIONAL ASSOCIATION,
Defendants.
ORDER DISTRIBUTING SURPLUS FUNDS
THIS MATTER having come before this Honorable Court upon consideration of Joint
Stipulation for Order Disbursing Surplus Funds entered into by Defendant, US BANK,
NATIONAL ASSOCIATION TRUSTEE FOR MASTER ALTERNATIVE LOAN TRUST
2005-1 (“US Bank”) joined by Plaintiff, NATASHA QUINCE (“Quince”).
On account of the Joint Stipulation and related Clerk’s Defaults entered in this case, it is
ORDERED AND ADJUDGED that the Stipulation is hereby APPROVED and the Clerk of
Court shall disburse the Tax Deed Surplus as follows within thirty (30) days of this Order:
A. $2,000.00 to Natasha Quince by check payable to and mailed to Natasha Y. Quince,
c/o Gold Point Investments LLC, 14280 S. Military Trail, Unit 6112, Delray Beach,
FL 33482
B. The remainder of the surplus funds, to U.S. Bank, by check payable to
CitiMortgage, Inc., the servicer of U.S. Bank’s loan, and mailed to Christopher A.
Roach, Esq., Adams and Reese, LLP, 101 E. Kennedy Blvd., Suite 4000, Tampa,
Florida 33602.
C. Due to the entry of a Clerk’s Default, and no other evidence or allegations extant in
the record showing any entitlement to the Tax Deed Surplus, CapOne CLTRL
Assignee of Fig 2233 shall have no right to any Tax Deed Surplus Funds.
Exhibit 1D. If any additional fees are extant and owed to the Clerk or should be deducted by the
Clerk, they can be taken from the amount payable to CitiMortgage Inc., as servicer
to U.S. Bank, by the Clerk.
FURTHER ORDERED AND ADJUDGED that each party shall bear its own fees and
costs, unless otherwise provided for herein; and, it is
FURTHER ORDERED AND ADJUDGED that this matter is DISMISSED WITH
PREJUDICE, with the Court retaining jurisdiction to ensure the disbursal of funds.
DONE AND ORDERED in Miami Dade County Florida on this ___ day of
__, 2020.
Hon. Edward Leon Scott
Circuit Court Judge
Conformed copies to:
Christopher A. Roach, Esq.
Florida Bar No.: 049033
101 East Kennedy Boulevard, Suite 4000
Tampa, Florida 33602
Primary: ach@arlaw.com
Secondary: oluri@arlaw.com
Attorneys for Defendant U.S, Bank
Natasha Y. Quince
Gold Point Investments LLC
14280 S. Military Trail, Unit 6112
Delray Beach, FL 33482
(561) 633-2138
Plaintiff
Capone Citr] Assignee of FIG 2233
c/o Fig Capital Investments, LLC
1000 Riverside Avenue, Suite 400
Jacksonville, FL 32204
Defendant
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Filing # 103962148 E-Filed 02/26/2020 03:50:06 PM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA NATASHA Y. QUINCE, Plaintiff, vs. CASE NO.: 19-2537-CA US BANK, NATIONAL ASSOCIATION, Defendants. / JOINT STIPULATION FOR ORDER DISBURSING SURPLUS FUNDS Defendant, US BANK, NATIONAL ASSOCIATION TRUSTEE FOR MASTER ALTERNATIVE LOAN TRUST 2005-1 (“US Bank’) by and through undersigned counsel, joined by Plaintiff, NATASHA QUINCE (“Quince”), files this Joint Stipulation for Order Disbursing Surplus Funds (“Stipulation”) pursuant to Fla. R. Civ. Pro. 1.510 and 1.420 through the undersigned party and counsel. BACKGROUND 1, Quince is an assignee of the former owner of the property that gave rise to the tax deed surplus in this matter. 2. On or about February 22, 2017, a tax deed sale (Tax Deed# 195132014) was held, and the subject property (Parcel ID# 4162-003-001) was sold for an amount exceeding the delinquent taxes and creating a surplus of funds. 3. The Clerk of the Court now has possession of surplus funds in the amount of $28,746.05, following a tax deed sale of property previously owned by David Ortwein (“Tax Deed Surplus”). 4, The real property in question is described as follows: Electronically Filed Marion Case # 19CA002537AX 02/26/2020 03:50:06 PMLot 1, Block C, BELLEVIEW ESTATES SECOND ADDITION, as per plat thereof recorded in Plat Book F, Page 121, Public Records of Marion County, Florida. Parcel Identification Number: R4162-003-001 5. The above-described property shall hereafter be referred to as the Subject Property. 6. US Bank has a claim against the Tax Deed Surplus as a result of the unsatisfied lien represented by the Mortgage encumbering the Subject Property, filed in the public records of Marion County, Florida, recorded at O.R. Book 3875, Pages 1380-1396, on November 19, 2004, in the amount of $57,500. 7. US Bank further states that it is the assignee of that Mortgage, which Assignment was recorded at O.R. Book 5771, Page 537, on November 27, 2012, in the public records of Marion County, Florida. 8. By virtue of the prior recorded Mortgage in the Public Records of Marion County, Florida, US Bank possessed a lien on the property described therein, the sale of which generated the Tax Deed Surplus. 9. As a result of the foregoing, US Bank has a claim to the Tax Deed Surplus that conflicts with Quince’s, whose liens, interests, or other rights were recorded after or otherwise subordinate to those of US Bank. See generally Fla. Stat. §§ 197.582; Walter E. Heller & Co. Southeast, Inc. v. Williams, 450 So.2d 521, 532 (Fla. 3d DCA 1984), review denied, 462 So.2d 1108 (Fla.1985); DeMario v. Franklin Mortg. & Inv, Co., Inc., 648 So. 2d 210, 214 (Fla, 4th DCA 1994); Fla. Admin. Code R. 12D-13,065(3) (2017). 10. US Bank is presently owed $31,339.41 from the account that is secured by the Mortgage and which amount exceeds the available tax deed surplus.11. U.S. Bank’s Mortgage is serviced by CitiMortgage, Inc. 12. The defaulted party, by CapOne CLTRL Assignee of Fig 2233, was the applicant for the tax deed, and had no lien or other claim against the Subject Property at the time of the tax deed sale and no right to the Tax Deed Surplus. The Clerk of the Court entered a default against CLTRL Assignee of Fig 223, on January 3, 2020 as to any claim it may have to the surplus funds. 13. No other parties are believed to have even a potential claim, and no government liens against the property are known to exist 14. Quince’s claims derive from its attorney-in-fact status for the legal title holders of record at the time of the tax deed sale, David Ortwein, who acquired title to the Subject Property via deed on November 15, 2004, and which Warranty Deed was recorded at O.R. Book 3875, Page 1379 on November 19, 2004. 15. The two claimants, Quince and U.S. Bank, have disputed their relative priority to the Tax Deed Surplus. 16. In order to resolve their dispute, Quince and U.S, Bank stipulate that the parties shall receive the Tax Deed Surplus as follows, without objection by any other party that has appeared in this action: A. $2,000.00 to Natasha Quince by check payable to and mailed to Natasha Y. Quince, c/o Gold Point Investments LLC, 14280 S. Military Trail, Unit 6112, Delray Beach, FL 33482 B. The remainder of the surplus funds, to U.S. Bank, by check payable to CitiMortgage, Inc., the servicer of U.S. Bank’s loan, and mailed to Christopher A, Roach, Esq., Adams and Reese, LLP, 101 E. Kennedy Blvd., Suite 4000, Tampa, Florida 33602.C. If any additional fees are extant and owed to the Clerk or should be deducted by the Clerk, they can be taken from the amount payable to CitiMortgage Inc., as servicer to U.S. Bank, by the Clerk. 17. The parties further stipulate that upon this distribution, this matter may be dismissed with prejudice, with each party to bear its own fees and costs, upon the entry of the order attached as Exhibit “1.” WHEREFORE, the signatories respectfully requests that this Honorable Court enter an Order directing that: A. Payment shall be made in accordance with the stipulation above; B. All such other and further relief as the Court deems appropriate, just, and equitable under the circumstances be awarded. 2020 Date: oo i ChristopherX. Roach, Esq, Natasha Y,’Quince Adams and Reese LLP Gold Poirit Investments LLC 101 E. Kennedy Blvd., Suite 4000 14280 S, Military Trail, Unit 6112 Tampa, FL 33602 Delray Beach, FL 33482 Email: chris.roach@arlaw.com (561) 633-2138 Email: teresa.soluri@arlaw.com goldpointinvestmentsilc@gmail.com Counsel for Defendant U.S. Bank National Plaintiff, Pro Se Association, as Trustee for Master Alternative Loan Trust 2005-1CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 2@ 2020, the foregoing has been electronically filed with the Clerk of Court through the Florida Courts’ E-Filing Portal. I further certify that the foregoing document is being served on this day on all counsel of record identified below, either via transmission of Notices of Electronic Filing generated by the E-Filing Portal or in some other authorized manner for those counsel or parties not authorized to receive electronic Notices of Electronic Filing, or via U.S, Mail: Natasha Y. Quince Capone Cltrl Assignee of FIG 2233 c/o Gold Point Investments LLC Fig Capital Investments, LLC 14280 S, Military Trail, Unit 6112 1000 Riverside Avenue, Suite 400 Delray Beach, FL 33482 Jacksonville, FL 32204 (561) 633-2138 Defendant goldpointinvestmentslle@gmail.com Plaintiff 4s/ Christopher A, Roach Christopher A. Roach, Esq. Florida Bar No. 0049033IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA NATASHA Y. QUINCE, Plaintiff, vs. CASE NO.; 19-2537-CA US BANK, NATIONAL ASSOCIATION, Defendants. ORDER DISTRIBUTING SURPLUS FUNDS THIS MATTER having come before this Honorable Court upon consideration of Joint Stipulation for Order Disbursing Surplus Funds entered into by Defendant, US BANK, NATIONAL ASSOCIATION TRUSTEE FOR MASTER ALTERNATIVE LOAN TRUST 2005-1 (“US Bank”) joined by Plaintiff, NATASHA QUINCE (“Quince”). On account of the Joint Stipulation and related Clerk’s Defaults entered in this case, it is ORDERED AND ADJUDGED that the Stipulation is hereby APPROVED and the Clerk of Court shall disburse the Tax Deed Surplus as follows within thirty (30) days of this Order: A. $2,000.00 to Natasha Quince by check payable to and mailed to Natasha Y. Quince, c/o Gold Point Investments LLC, 14280 S. Military Trail, Unit 6112, Delray Beach, FL 33482 B. The remainder of the surplus funds, to U.S. Bank, by check payable to CitiMortgage, Inc., the servicer of U.S. Bank’s loan, and mailed to Christopher A. Roach, Esq., Adams and Reese, LLP, 101 E. Kennedy Blvd., Suite 4000, Tampa, Florida 33602. C. Due to the entry of a Clerk’s Default, and no other evidence or allegations extant in the record showing any entitlement to the Tax Deed Surplus, CapOne CLTRL Assignee of Fig 2233 shall have no right to any Tax Deed Surplus Funds. Exhibit 1D. If any additional fees are extant and owed to the Clerk or should be deducted by the Clerk, they can be taken from the amount payable to CitiMortgage Inc., as servicer to U.S. Bank, by the Clerk. FURTHER ORDERED AND ADJUDGED that each party shall bear its own fees and costs, unless otherwise provided for herein; and, it is FURTHER ORDERED AND ADJUDGED that this matter is DISMISSED WITH PREJUDICE, with the Court retaining jurisdiction to ensure the disbursal of funds. DONE AND ORDERED in Miami Dade County Florida on this ___ day of __, 2020. Hon. Edward Leon Scott Circuit Court Judge Conformed copies to: Christopher A. Roach, Esq. Florida Bar No.: 049033 101 East Kennedy Boulevard, Suite 4000 Tampa, Florida 33602 Primary: ach@arlaw.com Secondary: oluri@arlaw.com Attorneys for Defendant U.S, Bank Natasha Y. Quince Gold Point Investments LLC 14280 S. Military Trail, Unit 6112 Delray Beach, FL 33482 (561) 633-2138 Plaintiff Capone Citr] Assignee of FIG 2233 c/o Fig Capital Investments, LLC 1000 Riverside Avenue, Suite 400 Jacksonville, FL 32204 Defendant