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Florida Quiet Title Lawsuit
IN THE CIRCUIT COURT OF THE
17TH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
V. L. SHOP, INC.
M. BROSE, Jane Doe AND ISLE OF
PADISE CORP. “A”, INC.
COMPLAINT TO QUIET TITLE OR FOR DECLARATORY RELIEF
Plaintiff, V.L. SHOP, INC., sues Defendants, M. BROSE, Jane Doe, AND ISLE OF PADISE CORP CORP. “A”, INC., and alleges:
This is an action to Quiet Title to Real Property, or for Declaratory Relief and/or to Cancel Deeds.
Defendants are residents of Broward County, Florida.
Plaintiff is, and is at all times material to this action, the owner of unit No. 103, ISLE OF PADISE CORP Building “A” legal description as follows:
Track A of ISLE OF PADISE CORP, according to Plat
thereof recorded in Plat Book 9, page 8 of
the Public Records of Broward County, Florida
The unit is a cooperative apartment in the ISLE OF PADISE CORP Corp. “A”, Inc. located in Broward County, Florida and ISLE OF PADISE CORP Corp. “A”, Inc. is being made a party defendant in this case in order for it to participate in these proceedings and to be bound by any judgment, despite that technically no relief is requested from ISLE OF PADISE CORP, “A”, Inc. at this time.
Defendants, Jane Doe and M. Brose, claim an estate or an interest in the above-described real property adverse to Plaintiff, but the claim is without any basis. These defendants have no estate or interest in the real property, or any part of such property.
The claims of M. Brose and are based on certain deeds are executed by V.L. Shop, Inc. of Mital, Inc. to Dilbert Rose, recorded October 10, 1995, at OR Book 1283, Page 47, Public Records of Broward County, Florida and another deed from Dillbert Rose and M. Brose to M. Brose, Recorded at OR Book 3032, Page 1151, Public Records of Broward County, Florida and an assignment/deed from M. Brose and Jane Doe to M. Brose and , as joint tenants with full rights of survivorship, recorded February 18, 2004, in OR Book 3930, Page 130, Public Records of Broward County, Florida. These deeds/assignments referred to above are attached to this complaint as exhibits A, B, and C, respectively.
Those deeds attached are void. V.L. Shop, Inc. of Mital, Inc., had previously assigned the Co-Operative Apartment Proprietary Lease to Clement Lee, recorded June 29, 1984 in OR Book 1121, Page 279, Public Records of Broward County. Thereafter, Clement Lee, executed and had recorded an Assignment of Co-Operative Proprietary Lease from herself to V.L. Shop, Inc., which was recorded on February 22, 2010 in OR 4680, Page 1517, Public Records of Broward County, Florida. These two deeds/assignments are attached to the Complaint as exhibits D and E, respectively.
The claims made by M. Brose to the real property clouds the title of Plaintiff to such property, depreciates its market value and prevents Plaintiff from enjoying the use of it in Plaintiff’s best interests as owner.
WHEREFORE, Plaintiff requests that:
The assignments of proprietary leases/deeds from (a) V.L. Shop, Inc. of Mital, Inc. to Dilbert Rose, and (b) the Consent to Sale and Purchase and/or Transfer of Proprietary Lease from Dilbert Rose and M. Brose to M. Brose, and (c) the Assignment from M. Brose to M. Brose and Jane Doe as joint tenants with full rights of survivorship (exhibits A, B and C) be canceled and declared and adjudged void.
Plaintiff’s title to the real property be quieted against the Defendants.
Plaintiff be adjudged the owner of the property and entitled to its possession.
Defendants, M. Brose and , be adjudged to have no estate or interest whatever in or to such property and be ordered to leave the property if they are in possession of it.
Plaintiff be awarded costs and attorneys fees of the lawsuit pursuant to Chapter 65, Fla.Stat., and such other and further relief as the court may been proper.
SACKRIN & TOLCHINSKY, P.A.
Attorneys for Plaintiff
2100 East Hallandale Beach Blvd.
Hallandale Beach, FL 33009
Telephone: (954) 455-8655
Facsimile: (954) 455-3388
ALAN D. SACKRIN
Florida Bar No. 349070
This is a sample real estate lawsuit related to a specific set of facts and circumstances and should not be used or relied upon in any quiet title lawsuit. It is being provided for illustrative purposes only. We recommend and urge you to consult with an experienced real estate lawyer for professional advice as each case is unique.