Lis pendens

POSTED: Friday January 16, 2004
Legal notification to Potential buyers:

WARNING!!

  1. Attached is a copy of a Lis Pendens filed on the deed of the property located in Lake County, Florida with the following legal description:
    • Tracts A, B, C, D, E, F, G, and H, CROSS TIE RANCH, according to the plat thereof as recorded in Plat Book 34, Pages 65-69, Public Records of Lake County, Florida;

    • Tract A, CROSS TIE RANCH PHASE TWO, according to the plat thereof as recorded in Plat Book 35, Pages 65-70, Public Records of Lake County, Florida

  2. Potential buyers are hereby placed on notice that the McEntire's will enforce any and all legal remedies to protect their claim to the 'common areas of Cross Tie Ranch' as listed in the legal description in paragraph 1 above. The McEntire's by this public declaration wish to make it perfectly clear that they will continue to pursue litigation to recover the real property listed as the 'common areas of Cross Tie Ranch' as described by the legal description above. Potential buyers should be fully informed about the history of litigation involving this property and make an informed decision as to whether or not this property is free and clear. 
  3. If you successfully buy this property, you may never successfully sell it and you risk losing your property upon the final outcome of the pending litigation.
    Potential buyers CAN NOT purchase the property listed above with a clear title, title insurance or a Warranty Deed.
  4. Case 2002 CA 000217 is pending before THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA.

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR LAKE COUNTY, FLORIDA
CASE NO.: 2002-CA-217

SWEETWATER HOLDINGS, INC., a Florida corporation,
Plaintiff,
vs.
SCOTT AND WENDY MCENTIRE, and CROSS TIE RANCH OF LAKE COUNTY HOMEOWNERS’ ASSOCIATION, INC., a Florida not for profit  corporation,
Defendants.
______________________________________________/
SCOTT AND WENDY MCENTIRE, husband and wife, individually and as class representatives of all present and past owners in CROSS TIE RANCH PHASE I and II,
Counter-Claimants,
 vs.
SWEETWATER HOLDINGS, INC., a Florida corporation, 
Counter-Defendants.
 ______________________________________________/
 SCOTT AND WENDY MCENTIRE, husband and wife, individually and as class representatives of all present and past owners in CROSS TIE RANCH PHASE I and II
Cross-Claimants,
vs.
CROSS TIE RANCH OF LAKE COUNTY HOMEOWNERS’ ASSOCIATION, INC., formerly known as CROSS TIE RANCH AT BLACKBEAR RESERVE HOMEOWNERS ASSOCIATION, INC., a Florida not for profit corporation,
Cross-Defendant.
______________________________________________/
SCOTT AND WENDY MCENTIRE, husband  and wife, individually and as class representatives of all present and past owners in CROSS TIE RANCH PHASE I and II
Third Party Plaintiffs,
vs.
CROSS TIE RANCH HOMEOWNERS’  ASSOCIATION, INC., a Florida not for profit corporation, CROSS TIE RANCH HOA, INC., and RAPID RETRIEVAL, INC., a Florida corporation,
Third Party Defendant.
______________________________________________/

NOTICE OF LIS PENDENS

TO PLAINTIFF / COUNTER - DEFENDANT,  SWEETWATER HOLDINGS, INC., AND ALL OTHERS WHOM IT MAY CONCERN:
YOU ARE NOTIFIED of the institution of this action by the Defendants, SCOTT MCENTIRE and WENDY MCENTIRE, against you seeking declaratory judgment and other relief, as to the following property in Lake County, Florida,
described as follows:

Tracts A, B, C, D, E, F, G, and H, Cross Tie Ranch, according to the plat thereof, as recorded in Plat Book 34, Pages 65-68, Public Records of Lake County, Florida.
                                              and
Tract A, Cross Tie Ranch Phase II, according to the plat thereof, as recorded in Plat Book 35, Pages 65-70, Public Records of Lake County, Florida.

DATED ON the 15th day of January 2004.

 CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been duly furnished by U.S. Mail / hand delivery to: J. A. JURGENS, ESQUIRE, 505 Wekiva Springs Road, Suite 500, Longwood, Florida 32779; VERONICA L. HARVEY, ESQUIRE, 37 North Orange Avenue, Suite 1100, Orlando, Florida 32801and JOHN H. BILL, ESQUIRE, 222 West Comstock Avenue, Suite 101, Winter Park, Florida 32789,  this 15th day of January 2004.

                                                                      
JOHN A. LEKLEM, ESQUIRE
5151 Adanson Street, Suite 98
Orlando, Florida 32804
Telephone: 407-628-3577
Facsimile: 407-628-2975
Florida Bar No.: 0219703
ATTORNEY FOR MCENTIRES


 

Definitions:

Lis pendens: Latin: a dispute or matter which is the subject of ongoing or pending litigation. Politicians will sometimes refuse to discuss a matter or an issue which is "lis pendens" because they do not want their comments to be perceived as an attempt to influence a court of law.

The rule of lis pendens arises when a suit concerning property commences, and provides that a purchaser may be bound by the judgment in the action without being made a party. Its object is to keep the subject matter within the court's jurisdiction and allows the court to give effect to its judgment.

Lis pendens - Effect: In a civil action in a district court affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when the defendant sets up in the defendant's answer an affirmative claim for relief affecting the title to real property and demands substantive relief, at the time of filing the defendant's answer or at any time afterwards, may file for record with the recorder of each county in which the real property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and a description of the real property affected. From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby, and every person whose conveyance or encumbrance is subsequently executed or subsequently recorded is deemed a subsequent purchaser or encumbrancer with notice and is bound by all proceedings taken after the filing of such notice to the same extent as if that person were a party to the action. For the purpose of this section, an action is deemed to be pending from the time of filing such notice, but such notice is of no avail unless it is followed by the first publication of the summons, or by the personal service thereof on a defendant, within sixty days after such filing


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