Preview
Filing # 111480578 E-Filed 08/07/2020 04:42:29 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD
COUNTY, FLORIDA
H. FRANCIS, LLC, CASE NO.:
a Florida limited liability company,
Plaintiff,
vs.
ETERNAL LIFE FELLOWSHIP INC.,
a Florida Non-Profit Corporation,
ETERNAL LIFE FELLOWSHIP, INC.
A Florida Non-Profit Corporation,
UNITED STATES SMALL BUSINESS ADMINISTRATION,
THE FULL GOSPEL DELIVERANCE CHURCH OF
MELBOURNE, INC., a Florida Non-Profit Corporation,
DECK-AIRE INC., a Florida Corporation,
and CITY OF MELBOURNE, FLORIDA, a political division
of the State of Florida,
Defendants.
COMPLAINT
Plaintiff H. FRANCIS, LLC, a Florida limited liability company (“Plaintiff”), by and through its
undersigned attorneys, sues Defendants ETERNAL LIFE FELLOWSHIP INC., a Florida Non-Profit Corporation,
ETERNAL LIFE FELLOWSHIP, INC., a Florida Non-Profit Corporation, UNITED STATES SMALL BUSINESS
ADMINISTRATION, THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a Florida Non-
Profit Corporation, DECK-AIRE INC., a Florida Corporation, and CITY OF MELBOURNE, FLORIDA, a political
division of the State of Florida, and the several and respective unknown assigns, successors in interest, trustees,
or any other persons claiming by, through, under or against any of them and all claimants, persons or parties,
natural or corporate, whose exact legal status is unknown claiming under or through any of the Defendants and
any parties claiming to have any right, title or interest in the land hereinafter described and the subject matter
of this proceeding (hereinafter collectively referred to as the “Defendants”) and alleges:
1. This is an action to quiet and confirm title to Plaintiff into lands located in Brevard County,
Florida. Alternatively, in the event Plaintiff's tax deed title is determined invalid as to any of the Defendants,
F:Awpdocs\2019\19-1851 0\complaint.docx
Filing 111480578 VS 05-2020-CA-037835-XXXX-XXthis is an action to foreclose a statutory lien for the invalidated tax deed under the provisions of § 197.602, Fla.
Stat.
2. Plaintiff owns and is in possession of the following described property located in Brevard
County, Florida:
See Exhibit “A” attached hereto (the “Property”).
3. Plaintiff is a Florida limited liability company with its principal place of business located at
233 E. New Haven Ave., Melbourne, Brevard County, Florida.
4, Defendant ETERNAL LIFE FELLOWSHIP INC., is a dissolved a Florida Non-Profit Corporation,
with its last known address at 1106 Line Street, Melbourne, FL 32901 and may claim an interest to the Property
per the Deed recorded at Official Records Book 4472 Page 2555 in favor of ETERNAL LIFE FELLOWSHIP, INC.
in the official records of Brevard County, Florida.
5. Defendant ETERNAL LIFE FELLOWSHIP, INC., is a Florida Non-Profit Corporation, with its
last known address at 3300 Aurora Rd., Melbourne, FL 32934 and may claim an interest to the Property per
the Deed recorded at Official Records Book 4472 Page 2555 in favor of “ETERNAL LIFE FELLOWSHIP, INC.”
in the official records of Brevard County, Florida.
6. Defendant UNITED STATES SMALL BUSINESS ADMINISTRATION is an agency of the
Government of the United States of America and may claim an interest to the Property pursuant to that certain
mortgage dated March 18, 20005 and recorded at Official Records Book 5453 Pages 5853-5857 on April 19,
2005, and the Modification of Mortgage recorded at Official Records Book 5687 Page 4947 on August 21,
2006 and/or the Amendment to Mortgage and Statement of Additional Advance recorded on March 27, 2007
and recorded at Official Records Book 5762 Page 6301, all in the official records of Brevard County, Florida.
7. Defendant THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., is a Florida
Non-Profit Corporation, with its principal place of business located at 1006 Brothers Ave., Melbourne, Brevard
County, Florida and may claim an interest to the Property pursuant to that certain Mortgage Deed recorded on
November 30, 2001 at Official Records Book 4472 Page 2556 in the official records of Brevard County, Florida.
FAwpdocs\201 9\1 9-18510\complaint.docx
Filing 111480578 VS 05-2020-CA-037835-XXXX-XX8. Defendant DECK-AIRE INC., is a Florida Corporation with its principal place of business
located at 2213 Highland Ave., Melbourne, FL 32935 and who may claim an interest to the Property pursuant
to that Claim of Lien recorded at Official Records Book 6531 Page 2571 in the official records of Brevard
County, Florida.
9, Defendant CITY OF MELBOURNE, FLORIDA, is a political division of the State of Florida,
located in Brevard County, Florida and may claim an interest in the Property pursuant to Orders or Liens
recorded at Official Records Book 5900 Page 2055, Official Records Book 6056, Page 389, Official Records
Book 7387 Page 1140, Official Records Book 7561 Page 2699, Official Records Book 7801 Page 2687,
Official Records Book 8303 Page 1596, Official Records Book 8304 Page 2574, and Official Records Book
8358 Page 2133, all recorded in the official records of Brevard County, Florida..
10. Venue is proper in Brevard County, Florida because the real property at issue in this lawsuit
is located in Brevard County, Florida.
a. Pursuant to § 65.081(2), Fla. Stat., Plaintiff is not required to deraign title beyond issuance of
the tax deed. Therefore, Plaintiff deraigns to the Property as follows:
a. On July 15, 2019, Brevard County, Florida conveyed the Property by tax deed to Plaintiff H.
Francis, LLC, a Florida limited liability company, and the deed was recorded on August 7, 2019 at Official
Records Book 8507 Page 2614 of the Public Records of Brevard County, Florida. A copy of the tax deed along
with the Certificate of Mailing and proof of publication is attached hereto as Composite Exhibit “A.”
b. At the time that Plaintiff acquired title by tax deed, record title of the Property was in the name
of Defendant ETERNAL LIFE FELLOWSHIP INC., a dissolved Florida non-profit corporation by way of that
certain Corporate Warranty Deed dated November 27, 2001 and recorded on November 30, 2001 at Official
Records Book 4472 Page 2555 of the Public Records of Brevard County, Florida. A copy of the Corporate
Warranty Deed is attached hereto as Exhibit “B.”
12, All claims, right, title, or interest of Defendants to the Property have been extinguished by the
tax deed, a copy of which is attached hereto as Exhibit “A” and Plaintiff is the true record title owner of the
F:Awpdocs\2019\1 9-185 1 0\complaint.docx
Filing 111480578 VS 05-2020-CA-037835-XXXX-XXProperty and the legal and equitable owner in fee simple and is entitled to have its title to the Property quieted
and confirmed by the Court per § 65.081, Fla. Stat.
13. In the alternative, Plaintiff requests that if this Court determines that the tax deed title of Plaintiff
is void as to any of the Defendants, that the Court determine in its final judgment that Plaintiff holds a good
and valid lien on the Property for the amount of money paid by Plaintiff for the tax deed, all subsequent taxes
paid, and all amounts paid for maintenance and/or improvement to the Property, along with interest on that
amount at the statutory rate provided by law per annum from July 25, 2019, and the costs of this action,
including without limitation attorney's fees and legal expenses in obtaining the tax deed, to include publication
of notice and clerk’s fees.
14, Plaintiff has satisfied all conditions precedent to the filing of this action.
15. Plaintiff's title to the Property is superior in right and interest to all others including any interest
held by, through, or on account of any of the Defendants herein.
WHEREFORE, Plaintiff, H. FRANCIS, LLC, a Florida limited liability company, demands judgment
against all Defendants, or those claiming by or through any of the named Defendants, or removing the cloud
from its title, and quieting absolute fee simple title to the Property in and to Plaintiff, and removing any claim
or interest any of the Defendants may have therein, and for such other and further relief as this Court may deem
just and proper, together with costs and expenses of this proceeding.
s/ Jesse L. Kabaservi
DAVID G. LARKIN (av
Florida Bar No.: 0003816
JESSE L. KABASERVICE
Florida Bar No. 192775
FALLACE & LARKIN, L.C.
1900 Hickory Street, Suite A
Melbourne, FL 32901
Phone: (321) 951-9900
Facsimile: (321) 724-6002
PRIMARY E-SERVICE: eserviceg
FAwpdocs\2019\19-18510\complaint.docx
Filing 111480578 VS 05-2020-CA-037835-XXXX-XXOR-506 R. 04/16 |
Rule 12D-16.002
Florida Administrative Code |
Ef ose |
I
|
i
|
:
Tax Deed File Number: 180938
CFN 2019172220,OR BK 8507 PAGE 2614
Recorded 08/07/2019 at 09:01 AM. Scott Ellis. Clerk of
Courts, Brevard County
Doc D: $19.60 #Pgs.3
Brevard County, Florida |
For official use only
Tax Certificate Numbered 201508638 issued on May 30, 2015, was filed in the office of the tax collector of Brevard
County, Florida. An application has been made for the issuance of a tax deed. The applicant has paid or redeemed
all other taxes or tax certificates on the land as required by law. The notice of sale, including the costs and
expenses of this sale, has been published as required by law, No person entitled to do so has appeared to redeem
the land. On the 25th day of July, 2019, the land was offered for sale. It was sold to f FRANCIS LLC: H FRANCIS.
LLC address 233 E NEW HAVEN AVEMELBC 32901, who was the highest bidder and has paid the sum
of the bid as required by law.
3)
The lands described below, including any inherited property, buildings, fixtures, and improvements of any kind and
description, situated in this County and State.
Description of lands: 28370279 = 24
* 2425 SOLANA ST SPOTTSWOOD & SALANO PLAT NO1
MELBOURNE
LOT 21
On July 25, 2019, in Brevard County, Florida, for the sum of ($2,800.00, t
and zero cents, the amount paid as required by law.
wh thousand eight hundred dollars
,
Witnesses:714_ -SCOTTIELLIS,
Clerk abc -
BREVARO ZOUNTYSFLORINA
sabi
~
Brevard County, Florida
On this 26th day of July, 2019 before me personally appeared KE S Gets of the Circuil Court
or County Comptrolier in and for the State and this County known to me to be the person described in, and who
executed the forgoing instrument, and acknowledged the execution of this insyrunent to be his own free act and
deed for the use and purposes therein mentioned, x f
Witness my hand and official sea! date aforesaid:
Scott Eili
Brevard County, Fioric
EXHIBIT
i xi fe
Filing 111480578 vs fi 05-2020-CA-037835-XXXX-XXClerk's Certificate
STATE OF FLORIDA
COUNTY OF BREVARD TAX DEED FILE NO: 180938
BE IT KNOWN THAT |, SCOTT ELLIS, Clerk of the Circuit Court in and for the COUNTY OF BREVARD,
STATE OF FLORIDA, DO HEREBY CERTIFY that! did on 01/25/2019 mail a copy of the statutory warning
and the attached notice, addressed to the following as required by law. [FLA Statutes, CH. 197.522(1)]
70181130000155180959
70181 130000155180911
70181130000155181079
70181130000155181086
70181130000155180874
70181 130000155180867
70181130000155180904
70181130000155181055
70184130000155181062
70181130000155181048
70181130000155180898
70181 130000155180881
70181130000155180997
70181130000155180935
70181 130000155180928
70181130000155180942
70181130000155180973
70181130000155180966
70181130000155181000
70181 130000155181031
70181130000155181024
70181130000155181017
70181 130000155181093
Filing 111480578
VS
ETERNAL LIFE FELLOWSHIP INC, 2425 SOLANA ST,
MELBOURNE, FL 32901
ETERNAL LIFE FELLOWSHIP INC, 1106 LINE STREET,
MELBOURNE, FL 32901
THE ADMINISTRATOR OF THE SMALL BUSINESS
ADMISINSTRATION, 2120 RIVERFRONT DRIVE SUITE 100,
LITTLE ROCK, AR 72202
THE FULL GOSPEL DELIVERANCE CHURCH OF
MELBOURNE INC, 1010 BROTHERS AVENUE,
MELBOURNE, FL 32901-5519
CITY OF MELBOURNE, 900 E STRAWBRIDGE AVE,
MELBOURNE, FL 32901-4779
CITY OF MELBOURE OFFICE CITY CLERK, 900 E
STRAWBRIDGE AVENUE, MELBOURNE, FL 32901
DECK-AIRE INC, 1593 GUINN DRIVE, ROCKLEDGE, FL
32955
REV PALMER C STILES REGISTERED AGENT O/B/O
ETERNAL LIFE FELLOWSHIP INC, 3300 AURORA RD,
MELBOURNE, FL 32934
REV PALMER C STILES REGISTERED AGENT O/B/O
ETERNAL LIFE FELLOWSHIP INC, PO BOX 2134,
MELBOURNE, FL 32902
REV PALMER C STILES REGISTERED AGENT O/B/O
ETERNAL LIFE FELLOWSHIP INC, 2425 SOLANA ST,
MELBOURNE, FL 32901
CITY OF MELBOURNE CODE ENFORCEMENT BOARD, 900
E STRAWBRIDGE AVENUE, MELBOURNE, FL 32901
CITY OF MELBOURNE CITY CLERK, 900 EAST
STRAWBRIDGE AVENUE, MELBOURNE, FL 32901
ETERNAL LIFE FELLOWSHIP INC, PO BOX 2134,
MELBOURNE, FL 32902
ETERNAL LIFE FELLOWSHIP INC, 1193 MEADOW LAKE
RD, ROCKLEDGE, FL 32955
ETERNAL LIFE FELLOWSHIP INC, 1106 W H JACKSON ST,
MELBOURNE, FL 32901
ETERNAL LIFE FELLOWSHIP INC, 2415 SOLANA ST,
MELBOURNE, FL 32901
ETERNAL LIFE FELLOWSHIP INC, 3300 AURORA RD,
MELBOURNE, FL 32934
ETERNAL LIFE FELLOWSHIP INC, 321 TUSCANY WAY
SUITE 201, MELBOURNE, FL 32940
PASTOR BROWN, 1199 SUNNY BROOK LN, ROCKLEDGE,
FL 32955
PROPERTY OWNER, 2425 SOLANA ST, MELBOURNE, FL
32901
PROPERTY OWNER, 2420 SOLONA STREET,
MELBOURNE, FL 32901
PROPERTY OWNER, 1106 LINE STREET, MELBOURNE, FL
32901
US SMALL BUSINESS ADMINISTRATION, 801 TOM MARTIN
DRIVE SUITE 120, BIRMINGHAM, AL 35211
05-2020-CA-037835-XXXX-XX| HEREBY CERTIFY that in addition to the mailing the statutory notices and warnings | did provide the
following as required for service by law [FLA Statutes, CH. 197.522(2)].
6 Sheriff of BREVARD County, copies of the notice of statutory warning for personal service and mailing,
or posting.
0 Sheriff of County, copies of the notice and statutory warning for personal service and mailing.
WITNESS MY HAND AND SEAL AT TITUSVILLE, IN THE COUNTY AND STATE AFORESAID, ON
2/13/2019.
SCOTT ELLIS
CLERK OF THE CIRCUIT COURT
KETA ASBURY, DEPUT “Bieri :
7
Filing 111480578 VS 05-2020-CA-037835-XXXX-XXA Weekly Publication By:
BREVARD CTY CLERK OF COURTS.
700 S PARK AVE AD#335601 1, 1/31, 2/7, 2/14, 2/21/2019.
NOTICE OF APPLICATION FOR TAX DEEDS:
Notice {hereby oven that holders of tho folowing tex oertlleates have fled
same in my olfos ard have made application for a tax deed to be lesued therein,
Unless sald certficates shell be redeemed aceotting to faw, the proparty descr
bed thereln wil be sold to the highest bldder onling at wunv.brevard.realforesios
e.com beginning al 8:00 am. on the 25th in the month of July, 2019, which is
07/25/2019, Saki cerlficales embrace the folowing described property In the
TITUSVILLE, FL, 32780
STATE OF NEW JERSEY COUNTY OF MONMOUTH:
Before the undersigned authorlly personally appeared County of Brovard, State of Flaida, to wit:
who on oath says that he or she is a
Legal Advertising Representative of the THE EAGLE , a dally TAXOEED ALE NO.; _ (180088
newspaper published in Brevard County, Florida that the raxto eee NO eee at
attached copy of advertisement, being a Legal Ad in the 2425 SOLANA ST SPOTTSWOOD & SALANO
matter of PLAT NO 4
MELBOURNE
Lor2t
Legal Notices APPLICANT: H FRANCIS LLG H FRANCIS LLG
TAX SALE CERT. NO.: 201608698 ISSUEDATE: —_o5/a0/z015
ASSESSED TO; ETERNAL LIFE FELLOWSHIP INC.
WITNESS MY HAND AND SEAL at TITUSVILLE IN THE COUNTY AND STATE
‘Aforesaid this 22nd day of January, A.D., 2,019.00,
as published in THE EAGLE. in the issue(s) of:
O43: 7h
SCOTT ELLIS
Affiant further says that the sald THE EAGLE is a GLERK OF THE CIRCUIT AND COUNTY COURTS
newspaper In said Brevard County, Florida and that the DeruTe CLE
‘said newspaper has heretofore been continuously COURT SEAL
published in said Brevard County, Florida each day and has
been entered as periodicals matter at the post office in
MELBOURNE in sald Brevard County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that he or
she has never paid nor promised any person, firm or
coporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication
in the said newspaper.
Swom to and Subscribed before me this 8th of April 2019,
by Morgan Maguire who is personally known to me
Lge Dye
Notary Kathleen A Gibson
Publication Cost: $62.00
Ad No: 0003355011
Customer No: BRE-2SE830
Filing 111480578 VS 05-2020-CA-037835-XXXX-XXRohn tor.
PRECISE TITLE INC.
Corporate Warranty Deed ean lt 32003
This Indenture, made this 2 99 or eM 200 AD. Ip 1434
Between
THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC.,
a/k/a FULL GOSPEL DELIVERANCE CHURCH, INC. , whose post office
address is: 1010 Brothers Avenue, Melbourne, Florida 32901-5519 a corporation CFN:20012628 14
existing under the laws of the State of , Grantor and ETERNAL LIFE oR Seka: 472 | 255 5 18 am
FELLOWSHIP, INC., a Florida corporation whose post office address is: 1106 aE
Line Street, Melbourne, Florida 32901, Grantee,
Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Doilars ($10.00), to it in hand
paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the
following described land, situate, lying and being in the County of Brevard, State of Florida, to wit:
Lot 21 AND 22, SPOTTSWOOD AND SOLANA'S PLAT NO. I, according to the plat thereof, as recorded
in Plat Book 2, Page 5, of the Public Records of Brevard County, Florida.
Subject to taxes for the current year, covenants, restrictions and easements of record, if any.
Parcel Identification Number: 28-37-02-79-0.0-21 & 22
And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawfit claims of all
persons whomsoever.
In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its is icer.
and caused its corporate seal to be affixed the day and year first above written, 7
THE FULL GOSPEL DELIVERANCE CH, F*
MELBOURNE, INC., a/k/a FULL GospEe DELIVERANC
CHURCH, INC,
vy Rove Walls 6, Cady
Rev. Willie B. Carter
Its President
EXHIBIT (Corporate Seal)
me
State of Florida
County of BREVARD
The foregoing instrument was acknowledged before me this November J¢ 2001, by Willie B. Carter, the President THE FULL
GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a/k/a FULL GOSPEL DELIVERANCE CHURCH, INC., A
corporation existing under the laws of the State of , on behalf of the corporation.
He/She is personally known to me or has produced a driver's, identification.
05-2020-CA-037835-XXXX-XX
Filing 111480578 Scott Ellis VS
(Sea
ARE ER iate Deninedd Ravine
Preview
Filing # 111480578 E-Filed 08/07/2020 04:42:29 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA H. FRANCIS, LLC, CASE NO.: a Florida limited liability company, Plaintiff, vs. ETERNAL LIFE FELLOWSHIP INC., a Florida Non-Profit Corporation, ETERNAL LIFE FELLOWSHIP, INC. A Florida Non-Profit Corporation, UNITED STATES SMALL BUSINESS ADMINISTRATION, THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a Florida Non-Profit Corporation, DECK-AIRE INC., a Florida Corporation, and CITY OF MELBOURNE, FLORIDA, a political division of the State of Florida, Defendants. COMPLAINT Plaintiff H. FRANCIS, LLC, a Florida limited liability company (“Plaintiff”), by and through its undersigned attorneys, sues Defendants ETERNAL LIFE FELLOWSHIP INC., a Florida Non-Profit Corporation, ETERNAL LIFE FELLOWSHIP, INC., a Florida Non-Profit Corporation, UNITED STATES SMALL BUSINESS ADMINISTRATION, THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a Florida Non- Profit Corporation, DECK-AIRE INC., a Florida Corporation, and CITY OF MELBOURNE, FLORIDA, a political division of the State of Florida, and the several and respective unknown assigns, successors in interest, trustees, or any other persons claiming by, through, under or against any of them and all claimants, persons or parties, natural or corporate, whose exact legal status is unknown claiming under or through any of the Defendants and any parties claiming to have any right, title or interest in the land hereinafter described and the subject matter of this proceeding (hereinafter collectively referred to as the “Defendants”) and alleges: 1. This is an action to quiet and confirm title to Plaintiff into lands located in Brevard County, Florida. Alternatively, in the event Plaintiff's tax deed title is determined invalid as to any of the Defendants, F:Awpdocs\2019\19-1851 0\complaint.docx Filing 111480578 VS 05-2020-CA-037835-XXXX-XXthis is an action to foreclose a statutory lien for the invalidated tax deed under the provisions of § 197.602, Fla. Stat. 2. Plaintiff owns and is in possession of the following described property located in Brevard County, Florida: See Exhibit “A” attached hereto (the “Property”). 3. Plaintiff is a Florida limited liability company with its principal place of business located at 233 E. New Haven Ave., Melbourne, Brevard County, Florida. 4, Defendant ETERNAL LIFE FELLOWSHIP INC., is a dissolved a Florida Non-Profit Corporation, with its last known address at 1106 Line Street, Melbourne, FL 32901 and may claim an interest to the Property per the Deed recorded at Official Records Book 4472 Page 2555 in favor of ETERNAL LIFE FELLOWSHIP, INC. in the official records of Brevard County, Florida. 5. Defendant ETERNAL LIFE FELLOWSHIP, INC., is a Florida Non-Profit Corporation, with its last known address at 3300 Aurora Rd., Melbourne, FL 32934 and may claim an interest to the Property per the Deed recorded at Official Records Book 4472 Page 2555 in favor of “ETERNAL LIFE FELLOWSHIP, INC.” in the official records of Brevard County, Florida. 6. Defendant UNITED STATES SMALL BUSINESS ADMINISTRATION is an agency of the Government of the United States of America and may claim an interest to the Property pursuant to that certain mortgage dated March 18, 20005 and recorded at Official Records Book 5453 Pages 5853-5857 on April 19, 2005, and the Modification of Mortgage recorded at Official Records Book 5687 Page 4947 on August 21, 2006 and/or the Amendment to Mortgage and Statement of Additional Advance recorded on March 27, 2007 and recorded at Official Records Book 5762 Page 6301, all in the official records of Brevard County, Florida. 7. Defendant THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., is a Florida Non-Profit Corporation, with its principal place of business located at 1006 Brothers Ave., Melbourne, Brevard County, Florida and may claim an interest to the Property pursuant to that certain Mortgage Deed recorded on November 30, 2001 at Official Records Book 4472 Page 2556 in the official records of Brevard County, Florida. FAwpdocs\201 9\1 9-18510\complaint.docx Filing 111480578 VS 05-2020-CA-037835-XXXX-XX8. Defendant DECK-AIRE INC., is a Florida Corporation with its principal place of business located at 2213 Highland Ave., Melbourne, FL 32935 and who may claim an interest to the Property pursuant to that Claim of Lien recorded at Official Records Book 6531 Page 2571 in the official records of Brevard County, Florida. 9, Defendant CITY OF MELBOURNE, FLORIDA, is a political division of the State of Florida, located in Brevard County, Florida and may claim an interest in the Property pursuant to Orders or Liens recorded at Official Records Book 5900 Page 2055, Official Records Book 6056, Page 389, Official Records Book 7387 Page 1140, Official Records Book 7561 Page 2699, Official Records Book 7801 Page 2687, Official Records Book 8303 Page 1596, Official Records Book 8304 Page 2574, and Official Records Book 8358 Page 2133, all recorded in the official records of Brevard County, Florida.. 10. Venue is proper in Brevard County, Florida because the real property at issue in this lawsuit is located in Brevard County, Florida. a. Pursuant to § 65.081(2), Fla. Stat., Plaintiff is not required to deraign title beyond issuance of the tax deed. Therefore, Plaintiff deraigns to the Property as follows: a. On July 15, 2019, Brevard County, Florida conveyed the Property by tax deed to Plaintiff H. Francis, LLC, a Florida limited liability company, and the deed was recorded on August 7, 2019 at Official Records Book 8507 Page 2614 of the Public Records of Brevard County, Florida. A copy of the tax deed along with the Certificate of Mailing and proof of publication is attached hereto as Composite Exhibit “A.” b. At the time that Plaintiff acquired title by tax deed, record title of the Property was in the name of Defendant ETERNAL LIFE FELLOWSHIP INC., a dissolved Florida non-profit corporation by way of that certain Corporate Warranty Deed dated November 27, 2001 and recorded on November 30, 2001 at Official Records Book 4472 Page 2555 of the Public Records of Brevard County, Florida. A copy of the Corporate Warranty Deed is attached hereto as Exhibit “B.” 12, All claims, right, title, or interest of Defendants to the Property have been extinguished by the tax deed, a copy of which is attached hereto as Exhibit “A” and Plaintiff is the true record title owner of the F:Awpdocs\2019\1 9-185 1 0\complaint.docx Filing 111480578 VS 05-2020-CA-037835-XXXX-XXProperty and the legal and equitable owner in fee simple and is entitled to have its title to the Property quieted and confirmed by the Court per § 65.081, Fla. Stat. 13. In the alternative, Plaintiff requests that if this Court determines that the tax deed title of Plaintiff is void as to any of the Defendants, that the Court determine in its final judgment that Plaintiff holds a good and valid lien on the Property for the amount of money paid by Plaintiff for the tax deed, all subsequent taxes paid, and all amounts paid for maintenance and/or improvement to the Property, along with interest on that amount at the statutory rate provided by law per annum from July 25, 2019, and the costs of this action, including without limitation attorney's fees and legal expenses in obtaining the tax deed, to include publication of notice and clerk’s fees. 14, Plaintiff has satisfied all conditions precedent to the filing of this action. 15. Plaintiff's title to the Property is superior in right and interest to all others including any interest held by, through, or on account of any of the Defendants herein. WHEREFORE, Plaintiff, H. FRANCIS, LLC, a Florida limited liability company, demands judgment against all Defendants, or those claiming by or through any of the named Defendants, or removing the cloud from its title, and quieting absolute fee simple title to the Property in and to Plaintiff, and removing any claim or interest any of the Defendants may have therein, and for such other and further relief as this Court may deem just and proper, together with costs and expenses of this proceeding. s/ Jesse L. Kabaservi DAVID G. LARKIN (av Florida Bar No.: 0003816 JESSE L. KABASERVICE Florida Bar No. 192775 FALLACE & LARKIN, L.C. 1900 Hickory Street, Suite A Melbourne, FL 32901 Phone: (321) 951-9900 Facsimile: (321) 724-6002 PRIMARY E-SERVICE: eserviceg FAwpdocs\2019\19-18510\complaint.docx Filing 111480578 VS 05-2020-CA-037835-XXXX-XXOR-506 R. 04/16 | Rule 12D-16.002 Florida Administrative Code | Ef ose | I | i | : Tax Deed File Number: 180938 CFN 2019172220,OR BK 8507 PAGE 2614 Recorded 08/07/2019 at 09:01 AM. Scott Ellis. Clerk of Courts, Brevard County Doc D: $19.60 #Pgs.3 Brevard County, Florida | For official use only Tax Certificate Numbered 201508638 issued on May 30, 2015, was filed in the office of the tax collector of Brevard County, Florida. An application has been made for the issuance of a tax deed. The applicant has paid or redeemed all other taxes or tax certificates on the land as required by law. The notice of sale, including the costs and expenses of this sale, has been published as required by law, No person entitled to do so has appeared to redeem the land. On the 25th day of July, 2019, the land was offered for sale. It was sold to f FRANCIS LLC: H FRANCIS. LLC address 233 E NEW HAVEN AVEMELBC 32901, who was the highest bidder and has paid the sum of the bid as required by law. 3) The lands described below, including any inherited property, buildings, fixtures, and improvements of any kind and description, situated in this County and State. Description of lands: 28370279 = 24 * 2425 SOLANA ST SPOTTSWOOD & SALANO PLAT NO1 MELBOURNE LOT 21 On July 25, 2019, in Brevard County, Florida, for the sum of ($2,800.00, t and zero cents, the amount paid as required by law. wh thousand eight hundred dollars , Witnesses:714_ -SCOTTIELLIS, Clerk abc - BREVARO ZOUNTYSFLORINA sabi ~ Brevard County, Florida On this 26th day of July, 2019 before me personally appeared KE S Gets of the Circuil Court or County Comptrolier in and for the State and this County known to me to be the person described in, and who executed the forgoing instrument, and acknowledged the execution of this insyrunent to be his own free act and deed for the use and purposes therein mentioned, x f Witness my hand and official sea! date aforesaid: Scott Eili Brevard County, Fioric EXHIBIT i xi fe Filing 111480578 vs fi 05-2020-CA-037835-XXXX-XXClerk's Certificate STATE OF FLORIDA COUNTY OF BREVARD TAX DEED FILE NO: 180938 BE IT KNOWN THAT |, SCOTT ELLIS, Clerk of the Circuit Court in and for the COUNTY OF BREVARD, STATE OF FLORIDA, DO HEREBY CERTIFY that! did on 01/25/2019 mail a copy of the statutory warning and the attached notice, addressed to the following as required by law. [FLA Statutes, CH. 197.522(1)] 70181130000155180959 70181 130000155180911 70181130000155181079 70181130000155181086 70181130000155180874 70181 130000155180867 70181130000155180904 70181130000155181055 70184130000155181062 70181130000155181048 70181130000155180898 70181 130000155180881 70181130000155180997 70181130000155180935 70181 130000155180928 70181130000155180942 70181130000155180973 70181130000155180966 70181130000155181000 70181 130000155181031 70181130000155181024 70181130000155181017 70181 130000155181093 Filing 111480578 VS ETERNAL LIFE FELLOWSHIP INC, 2425 SOLANA ST, MELBOURNE, FL 32901 ETERNAL LIFE FELLOWSHIP INC, 1106 LINE STREET, MELBOURNE, FL 32901 THE ADMINISTRATOR OF THE SMALL BUSINESS ADMISINSTRATION, 2120 RIVERFRONT DRIVE SUITE 100, LITTLE ROCK, AR 72202 THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE INC, 1010 BROTHERS AVENUE, MELBOURNE, FL 32901-5519 CITY OF MELBOURNE, 900 E STRAWBRIDGE AVE, MELBOURNE, FL 32901-4779 CITY OF MELBOURE OFFICE CITY CLERK, 900 E STRAWBRIDGE AVENUE, MELBOURNE, FL 32901 DECK-AIRE INC, 1593 GUINN DRIVE, ROCKLEDGE, FL 32955 REV PALMER C STILES REGISTERED AGENT O/B/O ETERNAL LIFE FELLOWSHIP INC, 3300 AURORA RD, MELBOURNE, FL 32934 REV PALMER C STILES REGISTERED AGENT O/B/O ETERNAL LIFE FELLOWSHIP INC, PO BOX 2134, MELBOURNE, FL 32902 REV PALMER C STILES REGISTERED AGENT O/B/O ETERNAL LIFE FELLOWSHIP INC, 2425 SOLANA ST, MELBOURNE, FL 32901 CITY OF MELBOURNE CODE ENFORCEMENT BOARD, 900 E STRAWBRIDGE AVENUE, MELBOURNE, FL 32901 CITY OF MELBOURNE CITY CLERK, 900 EAST STRAWBRIDGE AVENUE, MELBOURNE, FL 32901 ETERNAL LIFE FELLOWSHIP INC, PO BOX 2134, MELBOURNE, FL 32902 ETERNAL LIFE FELLOWSHIP INC, 1193 MEADOW LAKE RD, ROCKLEDGE, FL 32955 ETERNAL LIFE FELLOWSHIP INC, 1106 W H JACKSON ST, MELBOURNE, FL 32901 ETERNAL LIFE FELLOWSHIP INC, 2415 SOLANA ST, MELBOURNE, FL 32901 ETERNAL LIFE FELLOWSHIP INC, 3300 AURORA RD, MELBOURNE, FL 32934 ETERNAL LIFE FELLOWSHIP INC, 321 TUSCANY WAY SUITE 201, MELBOURNE, FL 32940 PASTOR BROWN, 1199 SUNNY BROOK LN, ROCKLEDGE, FL 32955 PROPERTY OWNER, 2425 SOLANA ST, MELBOURNE, FL 32901 PROPERTY OWNER, 2420 SOLONA STREET, MELBOURNE, FL 32901 PROPERTY OWNER, 1106 LINE STREET, MELBOURNE, FL 32901 US SMALL BUSINESS ADMINISTRATION, 801 TOM MARTIN DRIVE SUITE 120, BIRMINGHAM, AL 35211 05-2020-CA-037835-XXXX-XX| HEREBY CERTIFY that in addition to the mailing the statutory notices and warnings | did provide the following as required for service by law [FLA Statutes, CH. 197.522(2)]. 6 Sheriff of BREVARD County, copies of the notice of statutory warning for personal service and mailing, or posting. 0 Sheriff of County, copies of the notice and statutory warning for personal service and mailing. WITNESS MY HAND AND SEAL AT TITUSVILLE, IN THE COUNTY AND STATE AFORESAID, ON 2/13/2019. SCOTT ELLIS CLERK OF THE CIRCUIT COURT KETA ASBURY, DEPUT “Bieri : 7 Filing 111480578 VS 05-2020-CA-037835-XXXX-XXA Weekly Publication By: BREVARD CTY CLERK OF COURTS. 700 S PARK AVE AD#335601 1, 1/31, 2/7, 2/14, 2/21/2019. NOTICE OF APPLICATION FOR TAX DEEDS: Notice {hereby oven that holders of tho folowing tex oertlleates have fled same in my olfos ard have made application for a tax deed to be lesued therein, Unless sald certficates shell be redeemed aceotting to faw, the proparty descr bed thereln wil be sold to the highest bldder onling at wunv.brevard.realforesios e.com beginning al 8:00 am. on the 25th in the month of July, 2019, which is 07/25/2019, Saki cerlficales embrace the folowing described property In the TITUSVILLE, FL, 32780 STATE OF NEW JERSEY COUNTY OF MONMOUTH: Before the undersigned authorlly personally appeared County of Brovard, State of Flaida, to wit: who on oath says that he or she is a Legal Advertising Representative of the THE EAGLE , a dally TAXOEED ALE NO.; _ (180088 newspaper published in Brevard County, Florida that the raxto eee NO eee at attached copy of advertisement, being a Legal Ad in the 2425 SOLANA ST SPOTTSWOOD & SALANO matter of PLAT NO 4 MELBOURNE Lor2t Legal Notices APPLICANT: H FRANCIS LLG H FRANCIS LLG TAX SALE CERT. NO.: 201608698 ISSUEDATE: —_o5/a0/z015 ASSESSED TO; ETERNAL LIFE FELLOWSHIP INC. WITNESS MY HAND AND SEAL at TITUSVILLE IN THE COUNTY AND STATE ‘Aforesaid this 22nd day of January, A.D., 2,019.00, as published in THE EAGLE. in the issue(s) of: O43: 7h SCOTT ELLIS Affiant further says that the sald THE EAGLE is a GLERK OF THE CIRCUIT AND COUNTY COURTS newspaper In said Brevard County, Florida and that the DeruTe CLE ‘said newspaper has heretofore been continuously COURT SEAL published in said Brevard County, Florida each day and has been entered as periodicals matter at the post office in MELBOURNE in sald Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has never paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swom to and Subscribed before me this 8th of April 2019, by Morgan Maguire who is personally known to me Lge Dye Notary Kathleen A Gibson Publication Cost: $62.00 Ad No: 0003355011 Customer No: BRE-2SE830 Filing 111480578 VS 05-2020-CA-037835-XXXX-XXRohn tor. PRECISE TITLE INC. Corporate Warranty Deed ean lt 32003 This Indenture, made this 2 99 or eM 200 AD. Ip 1434 Between THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a/k/a FULL GOSPEL DELIVERANCE CHURCH, INC. , whose post office address is: 1010 Brothers Avenue, Melbourne, Florida 32901-5519 a corporation CFN:20012628 14 existing under the laws of the State of , Grantor and ETERNAL LIFE oR Seka: 472 | 255 5 18 am FELLOWSHIP, INC., a Florida corporation whose post office address is: 1106 aE Line Street, Melbourne, Florida 32901, Grantee, Witnesseth, that the said Grantor, for and in consideration of the sum of Ten and No/100 Doilars ($10.00), to it in hand paid by the said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee forever, the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: Lot 21 AND 22, SPOTTSWOOD AND SOLANA'S PLAT NO. I, according to the plat thereof, as recorded in Plat Book 2, Page 5, of the Public Records of Brevard County, Florida. Subject to taxes for the current year, covenants, restrictions and easements of record, if any. Parcel Identification Number: 28-37-02-79-0.0-21 & 22 And the said Grantor does hereby fully warrant the title to said land, and will defend the same against the lawfit claims of all persons whomsoever. In Witness Whereof, the said Grantor has caused this instrument to be executed in its name by its is icer. and caused its corporate seal to be affixed the day and year first above written, 7 THE FULL GOSPEL DELIVERANCE CH, F* MELBOURNE, INC., a/k/a FULL GospEe DELIVERANC CHURCH, INC, vy Rove Walls 6, Cady Rev. Willie B. Carter Its President EXHIBIT (Corporate Seal) me State of Florida County of BREVARD The foregoing instrument was acknowledged before me this November J¢ 2001, by Willie B. Carter, the President THE FULL GOSPEL DELIVERANCE CHURCH OF MELBOURNE, INC., a/k/a FULL GOSPEL DELIVERANCE CHURCH, INC., A corporation existing under the laws of the State of , on behalf of the corporation. He/She is personally known to me or has produced a driver's, identification. 05-2020-CA-037835-XXXX-XX Filing 111480578 Scott Ellis VS (Sea ARE ER iate Deninedd Ravine