Robert C. Malt, Inc. v. Pamela Barclay
Jul 21, 2010OUTCOME: Summary Judgment reversed in Defendant's favor- Case Settled
Appellant PAMELA A. BARCLAY (hereinafter referred to as “BARCLAY”) was the defendant in a quiet title action by ROBERT C. MALT & CO., plaintiff below and Appellee (hereinafter referred to as “MALT”). ... BARCLAY purchased this property from appellee, MALT on or about October 31, 1989. The Deed to said property was recorded January 22, 1990, in Official Records (OR) Book 6329 Page 1907, Public Records of Palm Beach County, Florida (R. 125, Exhibit “A” to R. 117-134). BARCLAY later conveyed an interest in said property to Delonie Williams and herself, by Quit-Claim Deed recorded April 3, 1990, in Official Records Book 6407 Page 992, in the Public Records of Palm Beach County, Florida (R. 126). Finally, Delonie Williams executed a Quit-Claim Deed to BARCLAY of his interest in said property by a deed recorded October 11, 2004, in Official Records Book 19383 Page 1655, Public Records of Palm Beach County, Florida (R. 127-128). At the time of suit, BARCLAY was the sole record title holder of the subject property. There is no deed, whether recorded or unrecorded showing title to be in the name of the appellee MALT. At the time of BARCLAY’s purchase of the subject property, she executed two mortgages in favor of MALT. The first mortgage, securing a loan in the amount of $65,200, was recorded November 2, 1989, in OR Book 6248 Page 1440 (R. 62-66) and re-recorded in OR Book 6329 Page 1908 (to correct the legal description) of the Public Records of Palm Beach County, Florida (R. 67-71). The second mortgage, securing a loan in the amount of $8,163.62, was recorded January 22, 1990, in OR Book 6329 Page 1913 of the Public Records of Palm Beach County, Florida. BARCLAY was never served with any summons or complaint relating to a foreclosure of either mortgage which she gave to MALT. Around mid-1994, BARCLAY moved out of the subject property because of domestic problems with Delonie Williams, her partner, who remained in the residence. To the best of BARCLAY’s knowledge Delonie Williams continued to maintain the property by making mortgage payments, etc., until he moved out some time prior to September 1994. After Delonie Williams moved out of the premises, MALT took control of said property. MALT leased the subject property to various tenants since approximately 1995, collected rent and paid taxes on said property. MALT never offered any of the rent proceeds to BARCLAY, the legal owner of the property. MALT sent BARCLAY a summary of monies due to MALT dated May 31, 1996 (R. 139, Exhibit “A” to BARCLAY’s Affidavit in Support of Motion for Summary Judgment R. 135-141). This shows the balance due on the mortgage and includes charges for maintenance and for a fee to some third party as a commission for finding a tenant to rent the premises. On that date in 1996, approximately two (2) years after BARCLAY moved out of the premises, MALT still held her responsible for payment of the mortgage(s) on the subject property, which is inconsistent with its claim 1.) that she abandoned the property two years earlier and 2.) that by virtue of such alleged abandonment, MALT had title to said property. The tax bill for the subject property is in the name of PAMELA A. BARCLAY and DELONIE WILLIAMS. A copy of the current tax record was attached to BARCLAY’s Affidavit (R. 140). MALT never filed a return of the property with the Property Appraiser’s office for Palm Beach County, Florida, which is required by Section 95.18 Fla. Stat. (1995) for title by adverse possession. BARCLAY was the sole title holder to the subject property. MALT does not have legal title to said property nor equitable title to the property by virtue of any deed or instrument in writing, which for some reason may not be legally recognized title, and admitted to such in response to Request for Admissions (R. 129, 130 and 131).