- On May 5, 2014, Bella Collina POA filed a Notice of Withdrawal of Motion to Intervene in the 2012 lawsuit. In Bella Collina POA’s Notice of Withdrawal of Motion to Intervene, Bella Collina POA acknowledged that the DCS Deed was subject to Plaintiffs’ interest in Pendio Property. A true and accurate copy of the Notice of Withdrawal of Motion to Intervene is attached hereto as Exhibit “D” and incorporated herein.
- On May 30, 2014, DCS executed a quitclaim deed purporting to transfer the Pendio Property from DCS to Randall Greene and Christina Greene (“Greene Deed”). The Greene Deed was recorded on June 4, 2014, at Official Records Book 4484, Page 2242 ofthe Public Records ofLake County, Florida. A true and accurate copy ofthe Greene Deed is attached hereto as Exhibit “E” and incorporated herein.
- On June 10, 2014, the Court rendered a Paiiial Summary Final Judgment in the 2012 Lawsuit (“Ruperts’ Judgment”). In the Ruperts’ Judgment, the Court imposed a constructive trust on the Pendio Property that related back to September 23, 2011. The Court further ordered that the Plaintiffs were declared the fee simple owners of the Pendio Property retroactive to September 23, 2011, and the Plaintiffs’ ownership was “free and clear of any right, title, interest, estate, claim or equity from Defendants, William Boylan, Rosa Boylan and Alfresco Acquisitions LLC, or any persons claiming by, through or under them…” The Ruperts’ Judgment was recorded on June 16, 2014, at Official Records Book 4489, Page 2467 of the Public Records of Lake County, Florida. A true and accurate copy ofthe Ruperts’ Judgment is attached hereto as Exhibit “F” and incorporated herein.
- Subsequent to the order appointing a receiver for the Pendio Property, the Court in the 2012 Lawsuit did not authorize any transfer or possession of the Pendio Property until the Ruperts’ Judgment was rendered.
UNIFORM FRAUDULENT TRANSFER ACT
- This is an action for equitable and other relief under the Florida Uniform Fraudulent Transfers Act, Florida Statutes Section 726.101 et seq.
- Plaintiffs reallege paragraphs one (1) through seventeen (17) and incorporate them herein by reference
- Alfresco, Bella Collina POA, Randall Greene, Christina Greene, and DCS engaged in fraudulent acts in fu1iherance of a fraudulent scheme to prevent the Plaintiffs from taking possession of the Pendio Property.
- As set forth in the Rupe1is’ Judgment, the Plaintiffs provided Alfresco funds to purchase the Pendio Property, but Alfresco titled ownership ofthe Pendio Property in Alfresco’s name only. Alfresco knowingly made intentional misrepresentations of