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Young Land USA, Inc. v. Credo LLC

Florida Court of Appeals, Third District

August 7, 2019

Young Land USA, Inc., Appellant,
v.
Credo LLC, Appellee.

         Not final until disposition of timely filed motion for rehearing.

          An appeal from the Circuit Court for Miami-Dade County, Lower Tribunal No. 17-19708, Pedro P. Echarte, Jr., Judge.

          Herbert B. Dell, P.A., and Herbert B. Dell (Fort Lauderdale), for appellant.

          Roniel Rodriguez IV, P.A., and Roniel Rodriguez IV, for appellee.

          Before SALTER, MILLER, and GORDO, JJ.

          MILLER, J.

         Appellant, Young Land USA, Inc., seeks review of an order granting final summary judgment and quieting title to certain parcels of property in Miami-Dade County, Florida. Appellant contends that the lower tribunal erred in declaring that the realty is owned, without encumbrance, by appellee, Credo LLC, the purchaser at various execution sales conducted by the sheriff, as its lien was improperly extinguished.[1] For the reasons articulated below, we affirm.

         FACTS

         Four years after two separate judgment liens were recorded against property owned by a judgment debtor in the public records of Miami-Dade County, the debtor quitclaimed his real property holdings, consisting of several parceled lots, to appellant, an entity controlled by his sister. The same day, the debtor executed a mortgage, conveying an interest in the property to appellant, without receiving value in exchange. Thereafter, appellant recorded the mortgage.

         Approximately one month later, appellant quitclaimed the subject property through four separate deeds: the first parcel back to the debtor; the second parcel to an assumed identity concededly used by the debtor; the third parcel jointly to the debtor and an entity; and the fourth parcel to a different entity.

         Several years later, the judgment holders each separately obtained writs of execution for the multiple parcels, and the Miami-Dade County Sheriff scheduled consecutive judicial sales of the subject property. Between the sales, appellant executed and recorded a satisfaction of its mortgage.[2] Appellee was the successful bidder at the sales.

         Appellee filed suit in the lower tribunal seeking to quiet title, asserting the judgment liens were superior to any other encumbrance, the satisfaction of mortgage extinguished any interest held by appellant in the property, and the unfunded mortgage was the product of a fraudulent transfer effected to thwart the collection efforts of the judgment holders. Appellant filed a counterclaim seeking to foreclose its mortgage, contending its interest in the property was paramount. The trial court granted final summary judgment on both the primary claim and counterclaim in favor of appellee. The instant appeal ensued.

         STANDARD OF REVIEW

         "Summary judgment is proper if there is no genuine issue of material fact and if the moving party is entitled to a judgment as a matter of law." Volusia Cty. v.Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130 (Fla. 2000) (citing Menendez v. Palms W. Condo. Ass'n, 736 So.2d 58 ...


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