SHROUDER. KARNS @MAGER. P.A. ATTORNEYS AT LAW (9700 GRIFFIN ROAD COOPER CITY, FLORIDA 33326 RYAN C. SHROUDER, E50. TELEPHONE (994) 329-0001 LARRY A. KARNS, ESO. Fax (aos) 830-1326 STACY 6. MAGER, ESO, November 13, 2023 Mr. Marty Kiar Broward County Property Appraiser 115 S. Andrews Avenue, Suite 111 Fort Lauderdale, FL 33301 Subject: Ownership (Chain of Title) for 11201 N.W. 14" Street, Plantation, FL 33323 ‘As you are aware my services have been retained by General Counsel Schwartzreich to help assist the Crimes Against Property Unit with complex title examinations and real estate legal matters surrounding the ownership of 11201 N.W. 14" Street, Plantation, FL 33323. The purpose of this ‘memorandum is to summarize my findings and legal conclusions as it relates to the limited issue of legal ownership of the subject property. Background BCPA was contacted by Plantation Council Member Denise Horland! requesting the assistance of the Crimes Against Property Unit to investigate allegations of fraud, shared with her by a resident, involving the property located at 11201 N.W. 14" Street, Plantation, Florida 33323, hereafter “the subject property.” BCPA was also independently contacted by Katherine Hyatt, who wanted to report that the 2005 deed? purporting to convey ownership of the property to her and her former husband, the now deceased, Mark Hyatt (collectively the “Hyatts”) was fraudulent, resulting in the Hyatts unlawful ownership of the subject property.? ‘According to Ms. Hyatt, she and her husband Mark, moved into the property in August 2005, (during a foreclosure and property's ownership dispute) and through a series of schemes, forgeries and frauds‘, the Hyatts were ultimately able to maintain possession and purported ownership of the subject property for nearly two decades,> Timeline The last undisputed legal owner of the property was Brett Perriman and his wife, Laundria, who purchased the property for $600,000 on July 31, 1998, via a warranty deed recorded in O.R. Book * couscioman Han provided CAP ovals wih inforaon recive fom aconsittenlegig fa inahing He sujet propery 2 The deed puponingo conve ile fom Det Prima o Mak Katherine Hats dated Augist 16,205. * Unde Fond aya adler ded voidab nv, mewn a flrged deed isasotel}) void and wally neta pas tile Som affidavit of Katy Hya, recorded in he public cards on Ap 72,2022 a Istruent # 118108057 ‘Aough Kathy Hyat o loner sides lhe prope and Mark Hyat sce, he sje prope till unde the dain nd coool of Maka ssa Scanned with CamScanner28710 Page 427. Mr. Perriman is a former NFL. football player who played for the Miami Dolphins and University of Miami. Eventually Mr. Perriman went into foreclosure and on March 3, 2004, the Perrimans” purportedly, sold the property to Selma Mikula® via a Warranty Deed dated March 4, 2004 and two mortgages were taken out in her name. The property was purportedly deeded” back from Sclma Mikula to Brett Perriman. The deed was prepared in June 2004 but was not executed until October 2004. Mr. Perriman then used the proceeds of the mortgage taken out in Selma Mikula’s name to pay off the original mortgage in the foreclosure action. The HUD statement reflects that Mr. Perriman then received approximately $40,000 of additional funds. It should be noted that some of the mortgage terms were not met and an additional $50,000 was still owned on the original mortgage. As will be important later in this timeline, a person by the name of William De La Sierra purchased the $50,000 interest in the original mortgage and instead of an assignment of mortgage, was improperly given a quitclaim deed to the property. Please keep this in mind as it will be brought Up later in the timeline. Shortly afier the mortgages were taken in Selma Mikula’s name, it was discovered that Selma Mikula was a victim of identity theft. Subsequently, in an attempt to rectify the fraud that occurred, Selma Mikula filed a criminal complaint with the Plantation Police Department and the Florida Department of Financial Regulations, as well as a civil lawsuit in Broward County Circuit Court. Additionally, on August 2, 2006, Selma Mikula signed, in a swom affidavit, that she did not execute or cause to be executed the Quitclaim Deed conveying the property back to Perriman. On May 1, 2006, notary Curtis Francis indicates, in a sworn affidavit. that he did not sign and notarize the said Quitclaim Deed and does not know how his notary stamp made it onto the Deed. Based on sworn statements, public records and official documents, the Hyatts appear to first ‘become involved with the subject property between late 2004 and early 2005. 2 Pursuant to Kathy Hyatt’s swom statement, she alleges that her deceased husband, Mark Hyatt found this property which was in foreclosure and that Mark attempted to purchase the property from the Perrimans, but could not obtain clear title as a result of the foreclosures and fraudulent mortgages on title. In particular, there was an open foreclosure case in connection with the mortgage issued in Selma Mikula’s name and there were problems with the deed from Selma Mikula to Brett Perriman, Mr. De La Sierra, who was the investor that purchased the remaining $50,000 of the original mortgage owed on the property, had been improperly given a quit claim deed instead of an assignment of mortgage. Mr. De La Sierra, presumably believed he could legally possess the home, ‘ook possession of subject property, changed the locks, began to make repairs, and installed an alarm system. ‘Selma Mikula timely reported and has consitenly maintained forthe past 20 year that her dent was soln to obtain hese loans. Selma, ‘ever knew or associated with Bret Perriman or the property and maintains that he signature was forged on both the morigages and he deed back w re Pernman 7 Quitcasm Deed dated June 1, 2004, ecorded in Official Records Book 38350, Page 1732 0n October 12,2004 Scanned with CamScannerKathy Hyatt’s swom statement further indicates that Mark Hyatt leamed Mr. De La Sierra was in ‘possession of the property and called the Plantation Police Department. As reflected within the Plantation Police Department's Incident Report, Case Number 1677-05-08, dated August 12, 2005, Mr. De La Sierra showed the officer a key to the front door and a quitclaim deed at which time the officer deemed the incident a civil matter instead of a criminal matter. ‘On August 14, 2005, Mark Hyatt sent an email to the Chief of Police of the City of Plantation Police Department regarding the subject property. ‘On August 15, 2005, Mark Hyatt, the Chief of Police, and other members of the police department appeared to have met. After the August 15, 2005 meeting, Mark Hyatt sent an email to the Chief of Police indicating his disagreement with the Plantation Police Department's conclusion that this was not a criminal matter, and his disappointment that Mr. De La Sierre was not removed for trespassing. In response to Mark Hyatt’s email, on August 16, 2005, the Chief of Police advised “he believed that some type of fraud has occurred and may still be occurring with respect to the property.” The Chief of Police further informed Mark Hyatt that the Florida Department of Financial Regulations, State Mortgage Fraud Division, was currently investigating the matter. The Chief of Police further advised Mark Hyatt that the lawful owner of the property is unknown. Pursuant to Kathy Hyatt’s sworn statement the following occurred: A fier leaving the police station, the Hyaits went home and Mark Hyatt prepared a fake deed to the subject property on the kitchen table, deeding the subject property from the Perrimans to the Hyatts; the Hyatts then broke into the subject property, and the alarm went off; the alarm company called and Mark Hyatt told them that he was with the mortgage company and they are taking possession of the property; the alarm company believed him, and therefore did not notify the police; the Hyatts threw out all of Mr. De La Sierra's belongings onto the swale of the subject property; a few days later, Mr. De La Sierra returned to the property and witnessed the Hyatts in possession of the property; Mr. De La Sierra called the Plantation Police Department; the police arrived at the subject property and Mark Hyatt showed the police the false deed he prepared; the Planation Police advised this was a civil matter and left. The CAP Unit contacted Mr. De La Sierra who confirmed the above statements as they relate to him. Chain of Title The only instrument in the chain of title purporting to vest title (ownership) of the property in the name of Mark Hyatt and Katherine Hyatt, is the Quitclaim Deed* from Brett Perriman, and his wife, conveying the property to Mark Hyatt and Katherine Hyatt, which is dated August 16, 2005. This deed was recorded nearly a year later, June 15, 2006. In order to determine whether the Hyatts legally own the property, itis only necessary to analyze two questions: * Accu to the public record no consideration amount (sales pice) was tepid tothe Flora Department of Revenue forthe Hyats purchase ofthe propery Scanned with CamScanner1. Did the Hyatts fraudulently receive the August 16, 2005, Quitclaim Deed from she Perrimans or were the Hyatts aware of the title issues at the time they received the deed! Under Florida law. a fraudulent deed is absolutely void and wholly ineffectual to pass title, to a subsequent innocent purchaser. See Wright v. Blocker, 144 Fla, 428, 435, 198 So. 68, 91 (1940). According to Ms. Hyatt’s own admissions, both in the in-person swom statement and her swom affidavit, the August 16, 2005, deed was a forgery. Furthermore. even if Ms. Hyatt were not to be believed, the Hyatts cannot avail themselves to the legal protections under Florida law as a ‘subsequent bona fide purchaser’, because the Hyatts’ did not purchase the property for value. 2. Did the Perrimans have legal title themselves at the time they conveyed the property to the Hyatts? Under Florida law, quitclaim deed conveys whatever title the grantor has, if any. If the Perrimans’ did not themselves hold title to the property on August 16. 2005, when the quitclaim deed was executed, they could not have conveyed any ownership to the Hyatts. ‘On March 3, 2004, Brett Perriman and his wife executed a deed to Selma Mikula, albeit without her permission, in order to facilitate the fraudulent mortgages in Selma Mikula’s name (which ‘were used to pay off the foreclosure action). There is no evidence that the Perrimans” signature was forged or other evidence to conclude that this deed is invalid, therefore, on March 3, 2004, title (ownership) of the property legally vested in Selma Mikula. However, the quitclaim deed dated June 1, 2004, from Selma Mikula, purporting to convey title back to Bret Perriman, was fraudulent. Based on the sworn affidavits of Selma Mikula, the notary Curtis Francis, and a thorough examination of investigative reports, court records and sworn testimony spanning nearly 20 years, it is irrefutable that both Selma Mikula and Curtis Francis signatures were forged on the June 1, 2004, quitclaim deed, resulting in the deed being void ab initio by law. As a result, title remained vested in Selma Mikula, and had not revested in the Perrimans at the time (August 16, 2005) the Perrimans purportedly executed the deed to the Hyatts, Based on these findings alone, it is my legal opinion that Mark Hyatt and Katherine Hyatt never legally owned the subject property despite having seized possession of it for nearly two decades. Singgrely, RygiAhrouder * Under Herds lam subsequent bona fide purchaser fr value in real eat ees 18a person who purchases a property without knowledge of ay eusing claims or spats ove the property. such a puchase buys a propery and propery recrds ther dee, they are general protected ‘git claim onthe propery that existed before thetr purchase bil were bot publi rsorde F knw Uo them ate tte of the purine However, because the ya dhl mot purchase the property fr valu (o sosieration was pa for he quam ded) they aren alld the otectons of «Subsequent Bona Fide Purchaser, egress wheter they had know ee of the fraud Scanned with CamScannerCOMPLAINT “The fraud that I'm referring to attaches to property address 11201 Northwest 14" Street where there has been a string of fraudulent deeds, and that is why I’m here... was aware of the fraud and listening to Marty | said, ‘I need to bring this to the attention’—the property appraiser says, ‘We need to know if there’s any fraud. Say: something, see something.” -Sworn Statement, Katherine Hyatt Scanned with CamScanner