UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

In re:

A-1 PRIVATE CARE CORP., Case No. 19-15936-LMI

Chapter 13

Debtor.

___________________________________/

A-1 PRIVATE CARE CORP.,

Adv. Pro. No. 

Plaintiff,

vs.

NATIONSTAR MORTGAGE LLC. D/B/A

CHAMPION MORTGAGE COMPANY,

Defendant.

______________________________________/

ADVERSARY COMPLAINT TO DETERMINE PRIORITY AND

VALIDITY OF LIEN AND SLANDER TO TITLE

COMES NOW Plaintiff A-1 PRIVATE CARE CORP [hereinafter referred to as

“Plaintiff and/or Debtor”], by and through undersigned counsel, and sues Defendant

NATIONSTAR MORTGAGE LLC. D/B/A CHAMPION MORTGAGE COMPANY, 

[hereinafter referred to as “Defendant”], and alleges as follows:

SHORT SUMMARY OF THE CASE

1. Debtor owns property located at 8107 SW 72 Ave # 223E, Miami, Florida 33143

[hereinafter referred to as the “Property”.] Sunwood Inc., has a mortgage on the property, and a

Final Judgment of Foreclosure dated January 9, 2019, in the Circuit Court of the 11 Judicial th

Circuit, Miami-Dade County, Florida in Case No.18-035694-CA-31. 

1

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 1 of 6
2. Defendant NATIONSTAR MORTGAGE LLC. D/B/A CHAMPION MORTGAGE

COMPANY and/or Bank of America, N.A., had a prior mortgage on the same Property recorded

in the Official Records of Miami-Dade County, Florida, and had filed a Satisfaction of Mortgage

on 6/27/2017, CFN 2017R0362584, OR BK 30588 Pg. 3030. A copy of same is attached here as

Exhibit “A.”

3. Defendant has commenced a foreclosure on the same Property, in the Circuit Court

of the 11 Judicial Circuit, Miami-Dade County, Florida in Case No. 2018-13671-CA-01. A th

copy of the Lis Pendens is attached hereto as Exhibit “B.”

4. Plaintiff/Debtor is attempting to refinance this Property, and is unable to do so

because of the Lis Pendens and pending foreclosure case filed by the Defendant on this Property,

and Debtor is seeking to determine the validity and priority of the Defendant’s lien on this

Property.

GENERAL ALLEGATIONS

5. This is a cause of action pursuant to 11 U.S.C. §§ 506, 1325, §543(b)(1),

105, and other sections of the Bankruptcy Code to determine the extent, validity and

priority of lien.

6. The Court has jurisdiction over this adversary proceeding pursuant to 28

U.S.C. §§ 1334 and 157 (a).

7. This is a core proceeding pursuant to 28 U.S.C. §157(b)(2)(E & H), and

is filed in compliance with Federal Rule of Bankruptcy Procedure 7001 (2 & 9).

 8. Venue is proper pursuant to 28 U.S.C. §1409(a).

2

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 2 of 6
9. The Plaintiff is a debtor under Chapter 11 of Title 11, a Corporation

incorporated in the State of Florida, and has the capacity to sue or be sued and is

otherwise sui juris. 

10. Defendant is a foreign corporation incorporated in one of the States of the

United States of America, and has the capacity to be sued or be sued, and is otherwise sui

juris.

FACTUAL BACKGROUND

11. On May 3, 2019, Debtor filed a Voluntary Petition under Chapter 11 of the

Bankruptcy Code.

12. Debtor owns property located at 8107 SW 72 Ave., # 223E, Miami, Florida

33143, and with a legal description as follows:

Condominium Unit 223-E of Granada Dadeland Condominium, a Condominium,

according to the Declaration of Condominium thereof, as recorded in O.R. Book 10531,

Page 925, and as amended, Public Records of Miami-Dade County, Florida, together with

an undivided interest in the common elements appurtenant thereto.

13 Sunwood Inc., has a mortgage on the Property recorded on 9/21/2017, in the

Official Records of Miami-Dade County, under CFN # 20170528556 OR BK 30689,

Page 1108, and a Final Judgment of Foreclosure on the subject Property, dated January 9,

2019, attached hereto as Exhibit “C.”

14. Despite the fact that BOA/Nationstar has filed a Satisfaction of the prior

mortgage on the property, it filed a Lis Pendens and commenced a foreclosure case, and

the Lis Pendens causes a cloud on the Property.

3

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 3 of 6
15. Debtor is unable to refinance or sell the property due to this cloud on the

Property.

COUNT 1

DETERMINATION OF PRIORITY AND VALIDITY OF LIEN

16. Plaintiff restates and realleges the allegations contained in paragraphs 1

though 15 above as if same were fully set forth herein, and further states as follows:

17. The Subject Property has a new mortgage by Sunwood, Inc., recorded in the

Official Records of Mimai-Dade County, Florida on 9/21/2017, under CFN #

20170528556 OR BK 30689, Page 1108.

18. Bank of America/Nationstar Mortgage filed a Satisfaction of Mortgage on the

subject property on 6/27/2017, CFN 2017R0362584, OR BK 30588 Pg. 3030.

19. Bank of America/Nationstar Mortgage has filed a foreclosure on the subject

Property in the Circuit Court of the 11 Judicial Circuit, Miami-Dade County, Florida in th

Case No. 2018-13671-CA-01. 

20. The Lis Pendens and the Foreclosure Action acts as a cloud on the subject

Property preventing the Debtor from refinancing or selling the Property.

WHEREFORE, Plaintiff requests this Honorable Court to enter a judgment

against Defendant as follows:

1. Determining that Sunwood, Inc., has a priority lien on the subject Property.

2. Bank of America/Nationstar Mortgage’s lien is not valid.

4

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 4 of 6
3. The Lis Pendens and Foreclosure Action is not proper and should be

dismissed.

4. Reasonable attorneys fees and costs for the prosecution of this action.

5. Any other relief that is just and proper under the circumstances.

COUNT 11

SLANDER OF TITLE

21. Plaintiff restates and realleges the allegations contained in paragraphs 1

though 20 above as if same were fully set forth herein, and further states as follows:

22. Bank of America/Nationstar Mortgage filed a Satisfaction of Mortgage on

the subject property on 6/27/2017, CFN 2017R0362584, OR BK 30588 Pg. 3030.

23. Despite the filing of the Satisfaction of Mortgage, Bank of

America/Nationstar Mortgage has filed a Lis Pendens and foreclosure on the subject

Property in the Circuit Court of the 11 Judicial Circuit, Miami-Dade County, Florida in th

Case No. 2018-13671-CA-01. 

24. The Lis Pendens and the improper Foreclosure Action acts as a cloud on the

subject Property preventing the Debtor from refinancing or selling the Property, and

slanders the Title of the subject Property.

WHEREFORE, Plaintiff requests this Honorable Court to enter a Judgment

against the Defendant as follows:

1. Determine that the Lis Pendens filed in the Official Records is void.

2. The Foreclosure Action filed by the Defendant is improper and wrongful.

5

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 5 of 6
3. That the wrongful and improper Lis Pendens and Foreclosure action acts as a

cloud on the subject Property and slanders the title making it impossible to sell or

refinance the property.

4. An order directing Defendant to discharge the Lis Pendens and dismiss the

foreclosure action.

5. Reasonable attorneys fees and costs for the prosecution of this action.

6. Any other relief that is just and proper under the circumstances.

ADDITIONAL RELIEF REQUESTED

25. Plaintiff reserves the right to add additional defendants and/or Counts as

discovery progresses in this case.

Respectfully submitted on this 12 day of August, 2019. th

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court

for the Southern District of Florida and I am in compliance with the additional

qualifications to practice in this Court set forth in Local Rule 2090-1(A).

DCS LAW GROUP, P.A.

8751 W. Broward Blvd

Suite 301

Plantation, Florida 33324

(954) 358-5911 (Telephone)

(954) 357-2267 (Facsimile)

www.DsouzaLegalGroup.com

Email: Dtdlaw@aol.com

 By: /s/ Elias Leonard Dsouza

Elias Leonard Dsouza, Esq.

Florida Bar No. 399477

6

Case 19-01319-LMI Doc 1 Filed 08/12/19 Page 6 of 6