- On or about September 23, 2011, Alfresco acquired title to real property more paiiicularly described as:
Lot 383, Bella Collina, according to the map or plat thereof as recorded in Plat Book 51, Page 31, Public Records of Lake County, Florida (“Pendio Property”) .
- On or about September 23, 2011, Alfresco acquired title to the Pendio Prope1iy by a quitclaim deed recorded on January 3, 2012 at Official Records Book 4110, Page I088, ofthePublicRecordsofLakeCounty,Florida(“AlfrescoDeed”). Atrueandaccurate copy of the Alfresco Deed is attached hereto as Exhibit “A” and incorporated herein.
- On August 21, 2012, Plaintiffs filed an action against Alfresco and William Boylan, designated Lake County Case Number 2012 CA 2916 (“2012 Lawsuit”). Plaintiffs sought, in part, a constructive trust against the Pendio Property. Plaintiffs filed a Notice of Lis Pendens on the same day Plaintiffs filed Plaintiffs’ complaint. A true and accurate copy of the Notice of Lis Pendens is attached hereto as Exhibit “B” and incorporated herein.
- On November 5, 2013, the Comi in the 2012 Lawsuit entered an order appointing a receiver for the Pendio Property for the pendency ofthe 2012 Lawsuit. Pursuant to the November 5, 2013 order, the Court stated that Daniel P. Natoli was appointed as receiver of the Pendio Prope1iy, and Daniel P. Natoli was instructed to take complete possession of the Pendio Property on behalf of the Court.
10. On January 8, 2014, Bella Collina POA filed a Motion to Intervene in the 2012 Lawsuit, citing Bella Collina POA ‘ s alleged legal or equitable interest in the Pendio Property.
11. On April 22, 2014, Plaintiffs filed a Motion for Summary Final Judgment in the 2012 Lawsuit. In part, Plaintiffs sought a final judgment on Plaintiffs’ request for a constructive trust in Plaintiffs’ favor on the Pendio Property.
12. Bella Collina POA and Alfresco claim they executed a settlement agreement (“Alfresco Settlement”). DCS ‘ s counsel at the time o f the Alfresco Settlement informed Plaintiffs ‘ former counsel that, within the Alfresco Settlement, Alfresco agreed to transfer the Pendio Property to Bella Collina POA or DCS by quitclaim deed. Per DCS’s counsel, the agreed transfer of the Pendio Prope1iy was explicitly subject to Plaintiffs’ interest in the Pendio Property.
13. On April 28, 2014, after receiving notice of Plaintiffs’ pending Motion for Summary Judgment and with actual knowledge of Plaintiffs’ interest in the Pendio Prope1iy, Alfresco executed a quitclaim deed purp01iing to convey the Pendio Property to DCS (“DCS Deed”). The DCS Deed was recorded on June 4, 2014, at Official Records Book 4484, Page 2240 of the Public Records of Lake County, Florida. A true and accurate copy ofthe DCS Deed is attached hereto as Exhibit “C” and incorporated herein.