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131. It was a further part of the conspiracy that defendants Waller and Sweller
conducted a closing on August 12, 2013, wherein Roland Waller and Robin Sweller, acting as
the title agent and closing agents, conducted a closing in which Matthew Ellrod as Seller sold the
Hudson Beach Estated Unit 4 Trust property located at 6330 Clark Street, Hudson, Florida
34667 to George Malacos ofMalacos, Inc.

132. Upon infonnation and belief Waller and Sweller created two U.S. Department of
Housing and Urban Development Settlement Statements (commonly referred to as the "HUD_
1"). The first HUD-I was submitted to the lender Regions Bank and contained a material
misrepresentation by omission by not disclosing to the lender the disbursement of $224,205.92
to George Malacos for appellate attorneys fees and the $213,352.39 for rents and credits
disbursed to Malacos, Inc., a company in which George Malacos is the principal, from the loan
proceeds. [Please see HUD-1 attached with Loan Documents].

133. In addition the Waller and Sweller failed to disclose a disbursement of
$65,000.00 in attorney's fees to Roland Waller issued on or about August 20,2014. [Please See
Disbursement Order dated August 20, 2014 Marked As Exhibit ("10'') and also the Hearing
Transcriptfrom the August 20,2014 Disbursement Hearing MarkedAs Exhibit ("JJ'')}.

134. It was a further part of the conspiracy that defendants Roland Waller, Matthew
Ellrod, George Malacos, Michael Malacos, John Taylor and others used the money lent by
lenders in connection with the fraudulent transactions to support Malacos's Marina business and

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for the personal expenditures, specifically the paying off of personal debt and home mortgages
ofthe defendants.

135. As a result of this conspiracy, defendants Waller, Ellrod, Malacos, Taylor,
Christian and others caused mortgage lenders to fund multiple fraudulent loans worth millions of
dollars.

OVERT ACTS

Defendant Ellrod's Fraudulent Sale of Plaintiffs Hudson Beach Estates Unit 4 Property


136. In or before August 2013, defendants Waller, Ellrod, Taylor, Christian, Gilbert
and others recruited George Malacos to act as a Straw Borrower and obtain mortgage loans on
the Hudson Beach Estates Unit 4 property, which was owned by the Georgia Poulos Inter Vivos
Trust. To that end, on or about June of 2013, defendant Ellrod and Malacos executed a
fraudulent contract of sale whereby defendant Ellrod acting as the nominee seller was to sell
Plaintiffs Hudson Beach Estates Unit 4 property to Malacos for $860,000.00. The contract of
sale provided that, at the contract's signing, Malacos was to pay a $134,494.05 deposit. In fact,
Malacos never paid that deposit or any money whatsoever in connection with this fraudulent
transaction. [Please see contract attached as exhibit ("S")].

137. As part of this transaction, on or about August of 2013, defendants Waller,
Taylor, Christian, Malacos and others submitted and caused to be submitted to Regions Bank
("Regions") a loan application in Malacos's name or his corporation Malacos, Inc., (the
"Malacos Loan Application") that sought two mortgage loans - one for approximately $701,250

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(the "First Malacos Loan") and the second for approximately $134,494.05 (the "Second Malacos
Loan").

138. The Malacos Loan Application falsely stated among other things, that Malacos
had paid a $134,494.05 deposit and that Hudson Beach Estates Unit 4 was going to be purchased
as an investment property and that the property was an income generating property, currently
leased to a commercial tenant. Upon information and belief the defendants attached a false and
fictitious lease agreement to the loan application in order to qualify Malacos for the loan. Based
in part on the fraudulent Malacos Loan Application and supporting documentation, Regions
approved and agreed to fund the First and Second Malacos Loans. The closing of this transaction
took place on or about August 12,2013 and defendant Robin Sweller, an employee of Waller &
Mitchell, P.A. acted as the settlement agent.

139. At no time did any of the Plaintiffs agree, authorize, and consent and or contract
for the sale of the Plaintiffs property and never executed a sales contract for the sale of their
property of thirty-five (35) years. There were never any negotiations regarding price and or any
other contract terms. In fact, Plaintiffs did not receive a copy of the appraisal that Matthew
Ellrod was allegedly appointed to obtain until October of 2013, well after the sale of Plaintiffs
property. Plaintiffs were had no knowledge of a Closing date and discovered that the property
was sold via a web search of the property appraiser's site three weeks after the closing. There
was no hearing establishing contract terms, price and setting of the closing date. On or about
July 2013, Plaintiffs filed a Motion to Vacate the Appointment of Special Master Matthew
Ellrod and a hearing on Plaintiffs Motion to Vacate was set for August 26,2013. In addition, at
the time Ellrod and Malacos executed their fraudulent contract of sale, there was a pending

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eviction lawsuit against Malacos. [Please See Motion to Vacate attached as Exhibit (11) &
Eviction Documents & Letter to Attorney John Taylor Attached as Exhibits t'K'').

140. At a hearing held on October 30, 2014 in the 6th Judicial Circuit in regards to
Case No. (51-2013-CA-6024-WS), it was communicated in open court by Counsel for John
Taylor that his client John Taylor was actually the closing/settlement agent for the subject
August 2013 fraudulent real estate transaction despite the fact that Mr. Taylor is listed as a Loan
Originator on the HUD-1 submitted to the Court. In addition, at that same hearing it was also
communicated by Attorney Roland Waller, that he was the Closing/Settlement agent for the
August 2013 fraudulent real estate transaction not Robin Sweller, despite the fact that Robin
Sweller's signature is on the last page affirming that the "HUD-I Settlement Statement which I
have prepared is a true and accurate account of this transaction. I have caused or will cause the
funds to be disbursed in accordance with this statement. At the bottom of the HUD-I Settlement
Statement a Warning reads as follows, "It is a crime to knowingly make false statements to the
United States on this or any other similar form. Penalties upon conviction can include a fine and
imprisonment. Title 18 U.S. Code Section 1001 and Section 1010. [Please See HUD-l
Settlement Statement and Transcript from the October 30, 2014 Hearing Marked as Exhibits ("A
& B")).

141. Based on the admission ofcounsel for John Taylor and the admission of Attorney
Roland Waller, mUltiple fraudulent HUD-1 Settlement Statements were created for the August
2013 fraudulent real estate transaction. At the closing, defendants Waller, Sweller or Taylor
prepared or caused to be prepared mUltiple HUD-I s. The HUD-I submitted to the Court, which

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defendant ELLROD signed as the seller, GEORGE MALACOS signed as the borrower and
defendant SWELLER signed as the settlement agent, reflected the receipt of approximately
$701,250.00 from the Regions Bank Loan. The HUD-l also falsely stated that Malacos paid
$134,494.05, cash to close at the closing. The HUD-l also indicated that using Regions Loan
and the money that Malacos had purportedly paid, defendant Sweller paid to the Seller, Matthew
Ellrod, and the amount of$814,750.00.

142. Upon information and belief Waller, Taylor or Sweller created two U.S.
Department of Housing and Urban Development Settlement Statements (commonly referred to
as the "HUD-l "). The first HUD-l was submitted to the lender Regions Bank and contained a
material misrepresentation by omission by not disclosing to the lender the disbursement of
$224,205.92 to George Malacos for appellate attorneys fees and the $213,352.39 for rents and
credits disbursed to Malacos, Inc., a company in which George Malacos is the principal, from
the loan proceeds. [Please See Order Awarding Appellate Attorney Fees to Malacos attached as
Exhibit ("H'') & December 30, 20J3 Disbursement Order Attached as Exhibits ("O'')}.

143. In addition, Waller, Taylor, or Sweller failed to disclose a disbursement of
$65,000.00 in attorney's fees to Roland Waller issued on or about August 20,2014. [Please See
Disbursement Order dated August 20, 2014 Marked as Exhibit ("JO") and also the Hearing
Transcript from the August 20, 2014 Disbursement Hearing Marked as Exhibit ("11'').

Transaction 2

Malacos's Refinance of Hudson Beach Estates Unit 4


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144. Upon information and belief, approximately three months after obtaining the First

Regions Loan, in or about November 2013, defendants Waller, Ellrod, Taylor, Sweller and
Christian, Malacos and others applied in George Malacos's name for another mortgage loan from
Regions Bank purportedly to refinance the First Regions Loan. Despite being obligated to do so,
defendants failed to file any documents with the Court and or record with the Pasco County
Clerk the note(s) and mortgagees) that were executed in connection with this loan(s). However,
Plaintiffs became aware of the existence of this new loan after discovering a UCC Financing
Statement filed with the Florida Secured Transaction Registry dated November 6, 2013. [Please

See uee Financing Statement Dated November 6, 2013 Attached As Exhibit ("Til)]

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145. In order to obtain the Second or Third Malacos Loan, defendants Waller, Ellrod,
Taylor, Christian, Sweller, Malacos and others submitted a number of fraudulent documents to
Regions, including:

(A) A fraudulent lease agreement that falsely stated that Malacos had rented the
Hudson Beach Estates Unit 4 property (6330 Clark Street, Hudson, FL 34667) at a
monthly rate sufficient to secure their mortgage payment obligation. [Please see
Hearing Transcript, marked as exhibit ("12")].

146. As security for the loan Malacos executed an Assignment of Rents, Leases and
profits to Regions Bank, despite the fact that Plaintiffs maintained a statutory landlord's lien on
all personal property of Malacos, Inc.

147. Based in part on these false and fraudulent documents as well as others, Regions
approved and agreed to fund the Second Malacos Loan.

148. Despite being obligated to do so, defendants Waller, Taylor or Sweller failed to
record with the Pasco County Clerk's Office the note and mortgage that defendant Malacos
executed in connection with this transaction.

Transaction 3

Malacos's Fraudulent Refinance of a Bogus and Fictitious 2009 Mortgage Loan Obtained


on the Hudson Beach Estates Unit 4 Property.


149. Upon information and belief, defendants Waller, Ellrod, Taylor, Sweller,
Christian, Malacos and others submitted and caused to be submitted to Regions and other lenders
a loan application in the name of one of Malacos's straw entities. In furtherance of the
Defendants scheme to defraud, a loan application was submitted using one of Malacos's alias's
Rick Leone, as Managing Member of Winners Never Quit, LLC, General Partner of Hudson

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Investors, L.P. The Leone Loan Application claimed that defendant Leone had entered into an
Agreement for Deed with the purported owners of the property Stephen Matis and Patrick
Sullivan for the sum of $590,000.00. Attached to the Agreement for Deed was two promissory
notes totaling $590,000.00, one ofthe notes was in the amount of $424,456. 15 and the other was
in the amount of $165,543.85. The promissory notes were signed by a Rick Leone, General
Partner of Hudson Investor, LP and by Rick Leone, Individually. [Please See Agreement for
Deed attached as Exhibit (/l13/~ and Hudson Investor, LP documents attached as Exhibit
(/114")).

150. Approximately three months after obtaining the First Regions Loan, in or about

November 2013, defendants Waller, Ellrod, Taylor, Sweller and Christian, Malacos and others

applied in George Malacos's name for another mortgage loan from Regions Bank purportedly to

refinance the First Regions Loan. Despite being obligated to do so, defendants failed to file any

documents with the Court and or record with the Pasco County Clerk the note(s) and mortgage(s)

that were executed in connection with this loan(s). However, Plaintiffs became aware of the

existence of this new loan after discovering a VCC Financing Statement filed with the Florida

aeeSecured Transaction Registry dated November 6, 2013. [Please See Financing Statement

Dated November 6, 2013 Attached As Exhibit ('IK/~].

151. Upon information and belief, the Defendants used and attempted to use stolen and
fictitious identities, including, Ricky Leone, Hayden Wrobel, Hayden Wrobel as Trustee, George
Malacos as Trustee of the George Malacos Revocable Trust Agreement, Patrick Sullivan,

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Stephen Matis, Ronald Farchione, Ronald Wright and others. In addition, it is believed that the
Defendants used the personal identifYing information of others, including the names and
addresses of others as well as the Social Security numbers of others when completing loan
applications. It is believed that the Defendants utilized the personal identifYing information of
Nick Poulos as well as that ofArmand Milazzo.

The Fraudulent Title Documents

152. It was a further part of the conspiracy for the defendants and their co-conspirators
to unlawfully enrich themselves by defrauding the true owners of property located in Pasco
County, Florida, as well as banks, mortgage companies, title insurance companies and third-party
purchasers, by fraudulently conveying interests in properties through the use of false and
fraudulent quit-claim deeds, warranty deeds, special warranty deeds and false and fraudulent
mortgage satisfactions. Defendants also induced banks and mortgage companies to make
mortgage loans secured by the fraudulently obtained properties and, in some instances, later sold
the properties as ifthey were the true owners ofthe property.

153. It was a further part of the scheme that the defendants filed and caused others to
file false and fraudulent court documents, in response to Plaintiffs efforts to regain lawful control
of the Hudson Beach Estates Unit 4 property. For example, in response or in defense to the
Plaintiffs complaint for eviction of Malacos after their lease had expired, Defendants filed a
fictitious special master's deed and other documents in order to claim that they were now the
owners of the property and therefore could not be evicted [Please See Eviction Documents

Attached as Exhibits t'K'?}.

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154. It was a further part of the conspiracy that the Defendants Roland Waller and
Matthew Ellrod would create, or get others to create, deeds which purported to transfer
ownership interest in the properties to themselves or to nominees.

155. It was a further part of the conspiracy that the defendant Matthew Ellrod would
sign these deeds as if to notarize the signatures of the owners as grantors when, in fact, the
owners were not present, and did not sign the deeds.

156. It was further part of the conspiracy that the defendant Matthew Ellrod and or
Roland Waller at times used forged signatures and names of other Notaries on fraudulent deeds.

157. It was a further part of the conspiracy that the conspirators used the names of
Fictitious Title companies on many of the bogus title documents they created and recorded with
the Pasco County Clerk's Office. Often times, the fake business names utilized by the conspiracy
were variations of names to existing and legitimate title companies. For example, the
conspirators utilized a variation of the business name of a legitimate title company "Southern
Security Title Services, Incll which is located at 7601 N. Florida Ave, Citrus Springs, FL 34424
on many of their fictitious documents. The conspirators executed and recorded fictitious title
documents using a fake and non-existent title company purportedly named "Southern Security
Title," and listed its address as 11035 Spring Hill Dr., Spring Hill, Florida. [Please see Exhibits
("15")). Another non-existent title company used by the conspiracy was Liberty Title Company.
[please See Exhibits ("J6'~].

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158. It was a further part of the conspiracy that for the property in the Middle District
of Florida, Roland Waller and or Matthew Ellrod caused the forged and fraudulent deeds to be
filed with the Pasco County Clerk's Office, and by listing an address in the State of Florida, at
which to receive mail, caused the Pasco County Clerk's Office to send via the Postal Service the
recorded, file-stamped, forged deeds to him.

159. From on or before January 2011, and continuing to present day, in the Middle
District of Florida and elsewhere, the defendants Roland Waller, Matthew Ellrod, John Taylor,
George Malacos, Michael Malacos, Vince Christian, Lynn Gilbert, and others did unlawfully,
willfully, and knowingly conspire, combine, confederate, and agree with each other to commit
offenses against the Plaintiffs by making, uttering, and possessing forged and or falsified deeds
with the intent to deceives another person, organization, or government, in violation of 18 U.S.C.
513.

160. Waller and his co-conspirators employed various manners and means in
furtherance ofthe conspiracy and scheme to defraud, including but not limited to the following;

161. Defendants were able to obtain approval for the fraudulent loans based in part on
the following:

(A) Regions conducted minimal title searches to verify ownership of the property that
each coconspirator was using for their loan, basically relying on the documents submitted
by the borrower for the loan or Regions and other lenders conducted quick on-line

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searches of the Pasco County Land Records via the Pasco County Clerk's Office
website.

(B) Christian as a Regions insider was "on the t<i<e" from Roland Waller and ..bhn
Taylor. Christian personally lobbied underwriters to approve the many loans.

162. Upon information and beliefand after reviewing documents on file with the Pasco
County Clerk's Office, it is Plaintiffs belief that the conspiracy is supported by various "insider"
employees within the Pasco County Clerk's Office.

163. As part of and in furtherance of their conspiracy, Defendants, and each of them,
prepared and/or executed and/or caused to be recorded the following fraudulent documents ("the
Fraudulent Title Documentsn);

Fraudulent Certificate of Title

(A) Defendants created and recorded a back dated Certificate of Title purportedly
issued in 1977 which places title to Plaintiffs Hudson Beach Estates Unit 4 property in
the name of Frank Alderman and Virginia Alderman, when in truth and fact the property
was owned by Ruth and James Lynch and there company The Amber Lantern Inc., in
1977. Nick and Georgia Poulos purchased the property from the Lynch's in 1980. [Please
See Plaintiffs Exhibit (tl17'?).
Fictitious Judgment of Foreclosure

(B) Defendants created and recorded a back dated and fictitious Judgment of
Foreclosure which orders the Hudson Beach Estates Unit 4 property to be sold on the
Courthouse steps in Moon Lake on December 4, 1980. Plaintiffs purchased that property
on December 11,1980. [Please See Plaintiffs Exhibit ("18")).

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Fictitious Warranty Deed

(C) Defendants created and recorded a back dated and fictitious Warranty Deed from
Frank Alderman and Virginia Alderman to Armand Milazzo and Adeline Milazzo dated
July 1, 1986. Plaintiff is informed and believes and thereon alleges that the Alderman to
Milazzo Deed provides, reflects and references the legal description for the Plaintiffs
Hudson Beach Estates Unit 4 Property [Please See Plaintiffs Exhibit ("19'')].

Fictitious Notice of Lis Pendens

(D) Defendants created and recorded a fictitious Notice of Lis Pendens referencing an
action to foreclose an Agreement for Deed and which describes Plaintiffs Hudson Beach
Estates Unit 4. The property description reads "All upland lying South ofLee Way
between Lot Fifteen (15) and Lot Seventeen (17) ofBlock C, Hudson Beach Estates, Unit
4 as recorded in Plat Book 7 at pages 31 and 32 of the Public records ofPasco County,
Florida. [please See Plaintiffs Exhibit ("20")]. Plaintiffs' property is situated on Lot 16.

Fake and Fictitious Judicial Order

(E) Defendants created a fake and false judicial order dissolving the Amber Lantern,
Inc, the previous owner's Ruth Lynch's corporation and holder of the Poulos Mortgage
and Note to the subject property, pursuant to a fake Order Granting Petition for
Appointment of Successor Trustee ofDissolved Corporation dated November 15, 1996
in Case No. 96004859 in the Sixth Judicial Circuit in and for Pasco County, Florida, in
order to nullify the Plaintiffs Satisfaction of Mortgage issued in April of 1998;
[Please see Exhibit (21)J

Bogus Probate Court Orders and Letters of Administration

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(F) Defendants created and recorded bogus probate court orders and Letters of
Administration. The bogus Letters ofAdministration order was signed by Judge W.
Lowell Bray, Jr., on July 7, 1995 and appointed Albert C. Kreischer, Esq., to serve
as the personal representative ofthe Ruth M. Lynch Estate. In truth and fact, Ms.
Lynch's Estate was not probated and there was no liquidation ofThe Amber
Lantern Inc, as Defendants have attempted to orchestrate. In addition to serving as
Ms. Lynch's counsel, Mr. Kreischer was also her nephew. Mr. Kreischer conducted
the closing for the Sale of the Hudson Beach Estates Unit 4 property from Ms. Lynch to
Nick and Georgia Poulos. After her death, Mr. Kreischer and his two sisters were
assigned the Mortgage that was given to Ms. Lynch by Nick and Georgia Poulos.
[Please See Assignment Marked as Plaintifft Exhibit ("23'?J. Shortly thereafter on
April 14, 1998, Plaintiffs delivered a check to Mr. Kreischer's office, satisfYing the
Mortgage. [Please See Satisfaction Marked as Plaintiffs Exhibit ("24'?J. The
Defendants recorded a bogus Assignment of Mortgage dated December 9, 1996.
[Please See Plaintiffs Exhibit ("25").

Fraudulent Deeds

(G) Defendants have created and recorded multiple deeds purporting to transfer the
Hudson Beach Estates Unit 4 property to various individuals, corporations and general
partnerships, such as Hudson Investors, L.P., Hudson Horizons Corporations and others.
[Please See Plaintiffs Exhibits ("26'?1. Plaintiff is informed and believes and thereon
alleges that the Fraudulent Deeds provide, reflect and reference the legal description for
the Plaintiffs Hudson Beach Estates Unit 4 Property. [please see Exhibits 27J.

(H) Defendants created and recorded fraudulent promissory notes purportedly
collateralized by Plaintiffs' property using fictitious identities and bogus partnerships
such as Hudson Investors, L.P. [Please See Plaintifft Exhibits ("28'?1.

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(I) Defendants created and recorded a fraudulent and bogus State of Florida Board of
Trustees of the Internal Improvement Trust Fund adding Armand Milazzo as an owner of
Plaintiffs property. [Please See Plaintifft Exhibit ("29'jJ.

(1) Defendants made material alteration to previously recorded title documents
recorded with the Pasco County Clerk's Office. More specifically, in furtherance of
the defendants scheme to create the appearance of Tenants in Common ownership
ofthe Hudson Beach Estates Unit 4 property, between Nick Poulos and Armand
Milazzo, defendants altered a deed on a different piece of property that Nick Poulos
and Armand Milazzo purchased together in 1986 by adding the property address ofthe
Hudson Beach Estates Unit 4 property directly under the names of Nick Poulos and
Armand Milazzo. By doing so Defendants sought to create the appearance of a
partnership and or a TIC partnership between Nick Poulos and Armand Milazzo.
Ultimately, the end goal for the Defendants is to effectuate a partition of the Plaintiffs
Hudson Beach Estates Unit 4 property which in 2011 was appraised at 2.9 million
and which up until the defendants Regions liens had remained unencumbered since 1998.

In addition, the defendants in furtherance of their scheme have made material alterations
to existing documents in the Pasco Land Records, by adding PlaintiffNick Poulos's name to
dozens of mortgage loan documents, security agreements, deeds of trust, and various renewals

and extensions of loans, when in truth and fact Mr. Poulos never obtained or joined with Mr.

Milazzo in obtaining any ofthe loans his name has been added to. Mr. Poulos and Armand did
on two occasions purchase some property together; however it was never done as a form of

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partnership, but rather a friend having first dibs on some good property that can be closed
quickly as a cash deal. In fact, the properties purchased by Mr. Poulos and Mr. Milazzo were
cash deals and there was no lender involved. All ofthe documents contained in Plaintiffs Barnett
Bank Documents Exhibit are fictitious and fraudulent and any signature of Mr. Poulos is a
forgery. [Please See Exhibit (26)].

(K) Defendants created and recorded false, fictitious and or forged Declarations of
Domicile on behalf ofstraw buyers, such as Maria L. Periu, who is also Defendant George
Malacos's Fiancee and the Mother to one of his sons. Ms. Periu had two Declarations recorded in
the Official Records wherein she claims to have been a resident ofthe State of Florida since
1997fgand also various victims ofthe Defendants identity thefts, including two Declarations of
Domicile created and recorded by the Clerk's Office by Straw Buyer. Additionally, Plaintiffs
discovered a false, fraudulent and forged Declaration ofDomicile purportedly executed by
PlaintiffNick Poulos in 1997 with his forged signature affixed. Mr. Poulos has been a property
owner and voter in Florida since 1980. [Please See Exhibit (27)].

Fictitious Court Cases Created by tbe Pasco County Clerk's Office
164. Plaintiff has recently discovered multiple fictitious court cases docketed against
PlaintiffNick Poulos. [Please See Exhibit (28)).

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165. Upon information and belief. an "insider" employee of the Pasco County Clerk's
Office with access to the Clerk's On-Line Docket created fictitious court cases in furtherance of
Defendants scheme to create the appearance that Nick Poulos held an ownership interest in the
subject party as Nick Poulos d/b/a INN ON THE GULF, a Florida general partnership and not as
Co-Trustee ofthe Georgia Poulos Inter Vivos Trust Agreement. Moreover, upon information
and belief. the Defendants as part of their scheme to defraud created a fraudulent title
commitment for the issuance of an Owner's Policy to George Malacos, d/b/a INN ON THE
GULF. This was done to match the fraudulent court cases that have been created by the Clerk's
Office on behalf ofthe Defendant George Malacos listing INN ON THE GULF as a party. The
Bogus Court Cases created by the Clerk's Office are listed as the following on the Clerk's On­
line Docket:

(A) J vs. Poulos; Case # 51-1984-CC-000460-CCAX-WS; Section 0

Filing Type: Monies Due

Filing Date: 8/30/1984

Status Date: 2/26/1987


[Please see Exhibit attached as (28)].

166. The "Insider" Clerk responsible for entering this garbage went so far as to list an

attorney by the name of Michele Russell, Esq. as counsel for Mr. Poulos. A check of the Florida

Bar's website shows the only Michele Russell practicing law in Florida, is doing it Palm Beach
County. In furtherance of the Defendants scheme to defraud, the "insider" Clerk entered three
separate Defendant parties, (1) INN ON THE GULF, (2) INN ON THE GULF DIB/A, and (3)
NICK POULOS, all done with the intent to create the appearance that INN ON THE GULF is a
Corporation when in truth and fact it is nothing more than a Trade name created by the Plaintiffs
in 1981. AA & B, Inc., is the Plaintiffs true corporation, however in 1996 AA & B, Inc was

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incorporated into the Georgia Poulos Inter Vivos Trust Agreement. [Please see plaintiffs
shareholder certificates marked as exhibit ("29")).

(b) N Poulos v. J Sweet

51-2003-CA-002548-CAAX-WS; Section G; Injunction; Closed

Filing Date 8/29/2003

Status Date 6/23/2008


167. In this fictitious action created by the Pasco County Clerk's Office, Nick Poulos is
now purportedly seeking some sort of injunction against two defendants, Ken Jahrling and
Joseph Sweet. At no time has PlaintiffNick Poulos ever sought an injunction in any type of legal
proceeding and in any type of capacity. All of the infonnation entered by the Clerk's Office
portraying Mr. Poulos as a litigant seeking an injunction from the Court is false and defamatory
per se. Mr. Poulos has been an upstanding business man in the community that he and his way
adore since 1980. At their businesses peak Plaintiffs Nick and Georgia Poulos employed forty
nine (49) employees at a time when the County was half the size of today's Pasco. Throughout
the close to twenty years of operation they were remained virtually litigation free, outside of a
couple of small claims action brought against them, which were dismissed. But yet the Pasco
County Clerk's Office in facilitating the Defendant Malacos and Waller's Bank Fraud has sought
to portray Mr. Poulos in false light.

False and Fraudulent Clerk Entries

168. Upon infonnation and belief, in furtherance of the Defendants conspiracy to
defraud, the Pasco County Clerk's office has falsely entered infonnation on its online website
with the intent to misrepresent the true ownership of property in Pasco County. Unlike the

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majority of County Clerk's Offices throughout the State of Florida which utilize software that
displays the requested document simultaneously with the property's data, the Pasco County
Clerk's website requires the user click through three data screens prior to revealing the requested
document. Upon information and belief, the "insider' Clerk employee(s) have entered false
information on the three data screens prior to the document display and or misrepresented the
ownership of property, misrepresented a property to be encumbered by a mortgage lien, entered
false property descriptions into the public record.

169. An example of the Clerk's fraudulent entries into the Public Record is the
intentional re-filing of Adeline Milazzo's death certificate from its true and correct February
1989 placement in the County's Official records to the re-filed fraudulent placement of February
1998. As mentioned earlier in Plaintiffs complaint, Adeline Milazzo was the wife of Armand
Milazzo and a close family friend of the Poulos family. Her and her husband arrived in Florida
from Rhode Island to enjoy their retirement around the same time as the Poulos family arrived
from Texas. Unfortunately, Ms. Milazzo left us way too early after losing her battle with Cancer
in 1989. To the undersigned attorney's utter dismay and disgust, while researching the County's
land records, I discovered her Death Certificate filed in 1998 rather than its correct space on
February of 1989. In addition, the Defendants and the "insider" Clerk employee(s) actually
altered Mrs. Milazzo's Death Certificate by placing her husband's 1998 home address on the
Certificate as opposed to home they shared at the time of her passing. [Please see Exhibit
attached as (30)).

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Fake Judicial Orders Created and Recorded
170. On August 7, 2013, days prior to the loan closing and without the Plaintiffs
knowledge or consent, the conspirators notarized forged deeds transferring the Poulos Trust
Property to George Malacos.

171. Defendants created a fake and false judicial order dissolving the Amber Lantern,
Inc, (the previous owner's corporation and holder of the Poulos Mortgage and Note to the subject
property) pursuant to a fake Order Granting Petition for Appointment of Successor Trustee of
Dissolved Corporation dated November 15, 1996 in Case No. 96004859 in the Sixth Judicial
Circuit in and for Pasco County, Florida, in order to nUllifY the Plaintiffs Satisfaction of
Mortgage issued in April of 1998;

Fictitious Mechanic's Lien Recorded Against PlaintiffNick Poulos

172. In order to extract additional equity from the Poulos Trust Property the
Defendants falsely and fraudulently recorded a contractor's lien for $82,000.00 in Plaintiff Nick
Poulos's name in Bay County, Florida for electrical contracting work purportedly done in 20 II
on property that the Plaintiffs sold in 2003. [Please see fictitious Notice of Commencement
attached as Exhibit (31)].

COUNT ONE
(Violation of RICO, 18 U.S.C. § 1962(c) (All Defendants)

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173. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 163.

174. At all rsewCl'lt times, DefB1dCl'lts constituted en "EntEl"prise" in that DefEndcrrts

are composed of individuals [18 U.S.C. §§ 1961(3) and 1962(c)] who associated with and/or

paticipcied in the conduct of sad entEl"prise's affars, end corporci:e entities [18 U.SC. §§

1961(4) and 1962(c)]. All Defendants conducted, participated in, engaged in, conspired to
engage in, or aided and abetted, the conduct of the affairs of the enterprise through a pattern of
racketeering activity within the meaning of 18 U.S.C. §§ 1961(1), 1961(5) and 1962(c).
DefEndcrrts' pcitEl"n of rcnEieering activity consisted of:

(a) a scheme to defraud that was knowingly and intentionally devised by Defendants
Waller, Ellrod, Taylor, Christian, George Malacos, Michael Malacos, Sweller, Buscema, Gilbert,
O'Neil, and others, to obtain money or property by means of false or fraudulent pretenses,
representations, or promises; and, for the purpose of executing such scheme, Defendants placed
or foreseeable caused to be placed in a post office, or authorized depository for mail, matter that
furthered the scheme to defraud and thus committed mail fraud, in violation of 18 U.S.C § 1341,
each time they used or foreseeable caused the mails to be used to distribute the materials related
to the scheme.

(ii) knowingly executing, or attempting to execute, a scheme or artifice to obtain
money under the custody or control of a financial institution by means of false or fraudulent
pretenses or representations (including but not limited to the fraudulent contracts with straw
purchasers which would have been relied upon by financial institutions and real estate appraisers
working for said financial institutions to establish market value), in violation of 18 U.S.c. §
l344;

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(iii) traveling in interstate and foreign commerce or using the mail or any facility in
interstate or foreign commerce with intent to distribute the proceeds of the fraudulent scheme or
otherwise promote, manage, establish, or carry on a scheme to defraud and thereafter performed
or attempted to perform said acts, in violation oft 8 U.S.C. §§ 1341, 1343 & 1344.

175. These acts all occurred after the effective date of RICO and more than two such
acts occurred within ten years of one another.

176. In the alternative, at all relevant times, some or all of the following individuals

constituted an "ente-prise," within the meaning of 18 U.S.C. §§ 1961(4) and 1962(c), in that they

were" a group of individuals ass:x:iatEd in fa::t":

(a) Defendants Roland Waller, John Taylor, Matthew Ellrod, George Malacos,
personally and the Malacos related entities; Regions Bank, Inc., Old Republic National Title
Insurance Company; Urban Realty Solutions and Lynn Gilbert, and others are individual

"pe-sons. within the meErling of 18 U.S.C. §§ 1961(3) and 1962(c), who ass:x:iatEd with and/or

saparti ci paEd in the conduct of d ente-pri FJ!i s affai rs.

(b) Between on or before January 2011 and the present, Defendants conducted,
participated in, engaged in, conspired to engage in, or aided and abetted, the conduct of the
affairs of the enterprise through a pattern of racketeering activity within the meaning of 18
U.S.C. §§ 1961(1), 1961(5) and 1962(c). DefEndants' pate-n of ra::ka:ea-ing a::tivity conSstEd
of:

(c) A fraudulent scheme that was designed to extract direct or indirect personal
rewards from Plaintiff. See, 18 U.S.C. §§ 1341 & 1343;

(i) Defendants knowingly drafted and used fraudulent contracts, or attempted to do
so, and/or engaged in misleading conduct toward and made misrepresentations to, and failed to

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disclose materials facts to Plaintiff, with intent to (i) cause Plaintiff to believe that open market
forces were causing the value in the Poulos Trust Property condominium units to increase; andlor

(ii) to create a fraudulent continuity of documents that would trick financial
institutions into loaning money to Defendant Malacos and to Plaintiff based on the inflated and
fraudulent values created through Defendants bad acts; Defendants committed such acts in
violation of18 U.S.C. §§1341 & 1343;

(iii) a scheme to defraud that was knowingly and intentionally devised by Defendants

Waller a1d Taylor to obtain Plaintiff' money or property by rnea1S of false or fraJdulent

pretenses, representations, promises, and non-disclosures of material facts; and, for the purpose
of executing such scheme, Defendants placed or foreseeable caused to be placed in a post office,
or authorized depository for mail. matter that furthered the scheme to defraud; Defendants
committed mail and wire fraud, in violation of 18 U.S.C §1341, each time they used or
foreseeable caused the mails or wires to be used to distribute the materials described herein.

(iv) knowingly executing, or attempting to execute, a scheme or artifice to obtain
money under the custody or control of a financial institution by means of false or fraudulent
pretenses, representations, and material non-disclosures in violation ofl8 U.S.C. § 1344;

(v) traveling in interstate and foreign commerce or using the mail or any facility in
interstate or foreign commerce with intent to distribute the proceeds of the fraudulent scheme or
otherwise promote, manage, establish, or carry on a scheme to defraud and thereafter performed
or attempted to perform said acts, in violation of 18 U.S.C. §§1341, 1343 & 1344.

These acts all occurred after the effective date of RICO and more than two such acts
occurred within ten years of one another.

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177. In the alternative, at all relevant times, some or all of the following individuals

constitutoo an "Ederprise," within thel'T1E91ing of 18 U.SC. §§ 1961(4) and 1962(c), in that they
were Hal group of individuals asaxictoo in fa:f': D€lendants Roland Waller, John Taylor,

Matthew Ellrod, George Malacos, personally and the Malacos related entities; Regions Bank,
Inc., Old Republic National Title Insurance Company; Urban Realty Solutions and Lynn Gilbert,
jointly and severally,

(a) Detendants Cl'e individual "perSlns," withinthel'T1E91ing of 18 U.SC. §§ 1961(3) and

1962(c), who assx:iatoo with and/or pcr1icipaoo in the conduct of sad enterprise's
affairs.

(b) Between January 2011 and January 2015 and ongoing, Defendants conducted,
participated in, engaged in, conspired to engage in, or aided and abetted, the conduct of the
affairs of the enterprise through a pattern of racketeering activity within the meaning of 18

U.S.C. §§ 1961(1), 1961(5) and 1962{c). D€lendants' pettern of ra:::keteering a::tivity consistoo

of:

(i) A fraudulent scheme that was designed to extract direct or indirect personal
rewards from Plaintiff. See, 18 U.S.C. §§ 1341 & 1343;

(ii) Defendants knowingly drafted and used fraudulent contracts, or attempted to do
so, and/or engaged in misleading conduct toward and made misrepresentations to, and failed to
disclose materials facts to Plaintiff, with intent to (i) cause Plaintiff to believe that open market
forces were causing the value in the Poulos property to increase; and/or (ii) to create a fraudulent
continuity of documents that would cause financial institutions to loan money to Malacos and
Plaintiff based on the inflated and fraudulent values created through Defendants bad acts;
Defendants committed such acts in violation of 18 U.S.C. §§1341 & 1343;

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(iii) A scheme to defraud that was knowingly and intentionally devised by Defendants
Waller and Taylor to obtain Plaintiffs money or property by means of false or fraudulent
pretenses, representations, promises, and non-disclosures of material facts; and, for the purpose
of executing such scheme, Defendants placed or foresee ably caused to be placed in a post office,
or authorized depository for mail, matter that furthered the scheme to defraud; Defendants

committed mail and wire fraud, in violation of 18 u.s. §1341, each time they used or foresee

ably caused the mails or wires to be used to distribute the materials described herein.

(iv) knowingly executing, or attempting to execute, a scheme or artifice to obtain
money under the custody or control of a financial institution by means of false or fraudulent
pretenses, representations, and material non-disclosures in violation of 18 U.S.c. § 1344;

(v) traveling in interstate and foreign commerce or using the mail or any facility in
interstate or foreign commerce with intent to distribute the proceeds of the fraudulent scheme or
otherwise promote, manage, establish, or carry on a scheme to defraud and thereafter performed

or attempted to perform said acts, in violation oft 8 u.s.c. §§1341, 1343 & 1344.

(vi) These acts all occurred after the effective date of RICO and more than two such
acts occurred within ten years ofone another.

178. At all relevant times, the enterprises were engaged in, and their activities affected,
interstate commerce and foreign commerce.

179. All of the predicate acts described were related so as to establish a pattern of
racketeering activity, within the meaning of 18 U.S.c. § 1962(c), in that their common purpose
was to defraud Plaintiff; their common result was to defraud Plaintiff of money; Defendants,

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each personally or through their agents or agents, directly or indirectly, participated in all of the
acts and employed the same or similar methods of commission; Plaintiff was the victim of the
acts of racketeering; and!or the acts of racketeering were otherwise interrelated by distinguishing
characteristics and were not isolated events.

180. All of the predicate acts were continuous so as to form a pattern of racketeering
activity in that:

a) Defendants engaged in the predicate acts over a substantial period of time and,
upon information and belief, and perpetrated the predicate acts successfully against
others similarly situated to Plaintiff; or

b) The patterns of racketeering activity engaged in by Defendants continues or
threatens to continue because such conduct has become a regular way of conducting
DefendCllts' on-going business activities.

181. As a direct and proximate result of, and by reason of, the activities of Defendants,
and their conduct in violation of 18 U.S.C. §§ 1962(c), Plaintiff has been injured in its business
or property, within the meaning of 18 U.S.C. § 1964(c). Among other things, Plaintiff has
suffered damages in excess of $500,000.00 paid by Plaintiffto Defendants. Plaintiff is, therefore,
entitled to recover threefold the damage it has sustained together with the cost of the suit,

ind udi ng reasormi e cttorneys' end e<pais' fees.

WHEREFORE, Plaintiffdemands trial by jury and judgment from the Court as follows:

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A. To award damages against Defendants Roland Waller, John Taylor, Matthew
Enrod, George Malacos, personally and the Malacos related entities; Regions Bank, Inc., Old
Republic National Title Insurance Company; Urban Realty Solutions and Lynn Gilbert, jointly
and severally, for a sum of money equal to the amount of damages and/or losse Plaintiff have
sustained or will sustain;

B. To treble the amount of said damages pursuant to 18 U.S.c. § 1964(c);

C. To enjoin Ddendats' daEptive prcdices;

D. To award prejudgment interest on the amount of damages and/or losses that
Plaintiffhas sustained;

E. To award all costs of litigation incurred by Plaintiff: including its reasonable
atoms' feesa1d expais' fees, pursuat to 18 U.SC. § 1964(c) a1d Rorida IaN; a1d

F. To award such other and further reliefas the Court deems just and equitable.
COUNT TWO

<Violation of RICO. 18 U.S.C. § 1962(d)
(Conspiracy All Defendants)

182. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 181.

183. In the alternative to Count One, Defendants conspired to conduct or participate,
directly or indirectly, in the conduct of the affairs of the enterprises through a pattern of
racketeering activity in violation of 18 U.S.C. § 1962(d). In particular, Defendants intended to
further the fraudulent scheme which, if completed, would satisfy all of the elements of a

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substantive RICO criminal offense and adopted the goal of furthering or facilitating the criminal
endeavor.

184. Aaintiff wt?S injured by DEie1dmts' overt cds that ere cds of rcr::keteering or

otherwise unlawful under the RICO statute:
(a) a scheme to defraud that was knowingly and intentionally devised by Waller and

Taylor, aid furthered by the other DEie1dmts, to obtain Aaintiff' s money or property by

means of false or fraudulent pretenses, representations, or promises, and material non­
disclosures; and, for the purpose of executing such scheme, Defendants placed or foresee
ably caused to be placed in a post office, or authorized depository for mail, or put upon
the wires, matter that furthered the scheme to defraud; Defendants committed mail and
wire fraud, in violation of 18 U.S.C § 1341 & 1343, each time they used or foresee ably
caused the mails and wires to be used to distribute the materials described herein.

b) knowingly executing, or attempting to execute, a scheme or artifice to obtain money
under the custody or control of a financial institution by means of false or fraudulent
pretenses or representations, in violation of 18 U.S.C. § 1344;

c) traveling in interstate and foreign commerce or using the mails and wires or any
facility in interstate or foreign commerce with intent to distribute the proceeds of the
fraudulent scheme or otherwise promote, manage, establish, or carry on a scheme to
defraud and thereafter performed or attempted to perform said acts, in violation of 18
U.S.C. §§ 1341, 1343 & 1344.

185. As a proximate result of, in violation of 18 U.S.C. §§ 1962(d), Plaintiff has been
injured in its business or property, within the meaning of 18 U.S.C. § 1964(c). Among other
things, Plaintiff has suffered damages to the extent of its payment of escrow moneys, down
payments, interest, fees, and expenses, all in excess of $500,000.00. Plaintiff is, therefore,

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entitled to recover threefold the damage they have sustained together with the costs of the suit,
including reasonciJle a:torneys and experts' fees.

WHEREFORE, Plaintiff demands trial by jury and judgment from the Court as follows:
A. To award damages against Defendants Roland Waller, John Taylor, Matthew
Ellrod, George Malacos, personally and the Malacos related entities; Regions Bank, Inc., Old
Republic National Title Insurance Company; Urban Realty Solutions and Lynn Gilbert, jointly
and severally, for a sum of money equal to the amount of damages and/or lose Plaintiff have
sustained or will sustain;
B. To treble the amount of said damages pursuant to 18 U.S.C. § 1964(c);
C. To enjoin Defenda1ts' da.::eptive prcdices;
D. To award prejudgment interest on the amount of damages and/or losses that
Plaintiffhas sustained;
E. To award all costs of litigation incurred by Plaintiff, including its reasonable
a:torneys' fees and experts' fees, purSJCI1t to 18 U.S.C. § 1964(c) and A ori da IaN; and
F. To award such other and further relief as the Court deems just and equitable.

COUNT THREE

CONVERSION


186. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 185.

187. Ellrod fraudulently transferred the property of the Georgia Poulos Inter Vivos
Trust to himself and to George Malacos without the consent or knowledge ofthe Plaintiffs.

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188. Ellrod owes Plaintiff, the Georgia Poulos Inter Vivos Trust damages associated
with the real and personal property Ellrod and Malacos wrongfully divested from the Georgia
Poulos Trust.

189. Ellrod fraudulently transferred the property of the Georgia Poulos Inter Vivos
Trust to himselfand to George Malacos without the consent or knowledge ofthe Plaintiffs.

190. Ellrod owes Plaintiffs damages associated with the real and personal property
Ellrod and Malacos wrongfully divested from the Georgia Poulos Trust.

191. Plaintiffs have been compelled to retain counsel, and are obligated to pay a
reasonable fee for services rendered herein.

WHEREFORE, Plaintiffs demand judgment against Matthew Ellrod, for damages,
together with costs and attorneys fees pursuant, and for such other and further relief as the Court
deems just, equitable and proper.

COUNT 4
SLANDER OF TITLE
(Malacos & Regions)
192. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 191.

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193. Regions entered into the public records a Mortgage and Security Agreement
which it knew, or should have known, was obtained with false information and without the
consent of Trustee Georgia Poulos, Co-Trustee Nick Poulos, and Trust Beneficiaries Anastasios
Poulos, Antonios Poulos and Basilios Poulos.

194. Liability is generally imposed upon a defendant who (a) communicates to a third
person (b) statements disparaging the pi ai nti ff' s title, (c) which are not true in fact, and (d) which
cause the plaintiffactual damage. Gates v. Utsey, 177 So. 2d 486 (Fla. 1st DCA 1965).

195. In an action for slander oftitle, "malice" merely means a lack oflegaljustification
and is said to be "prES.Jma:I" if the disparagement is false, if it caused damage, and if it is not
privileged. Id. Region's false statements are not entitled to any privilege, and have caused the
Plaintiffs damage.

196. Regions falsely and unjustifiably recorded the Mortgage with the Clerk of Pasco
County, Florida, thereby slandering the Georgia Poulos Trust's title, which cause of action arose
out of the same trCl'lSCdion as Aaintiff's forEdOSJre daim. FL. Stat. 95.11(2)(b},(3}U,k).

197. The Plaintiffs seek money damages in recoupment for Regi on's misconduct as set
forth herein. Maynard v. Household Finance Corporation III, 861 So.2d 1204 (Fla. 2nd DCA
2003).

WHEREFORE, Plaintiffs Trustee Georgia Poulos, Co-Trustee Nick Poulos, and
the Trust Beneficiaries Anastasios Poulos, Antonios Poulos and Basilios Poulos, respectfully

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pray for judgment for money damages in recoupment, attorney's fees and costs, against
Plaintiff7Counter-Defendant, Regions, along with cancellation of Region's Mortgage and
Security Agreement and such other and further relief that this Honorable Court deems just and
proper.

COUNT 5
(ACTUAL FRAUD) FRAUDULENT TRANSFER UNDER SECTION 726.105(1)(A) AND


726,108, FLORIDA STATUTES

(Malacos & Regions)


198. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 197.

199. This is an action to avoid and recover a fraudulent transfer of real property,
pursuant to Sections 726.105(1)(a) and 726.108, Florida Statutes.

200. Within four years prior to the date of this Complaint, Malacos transferred
ownership ofthe Property and ownership of the Tradename "INN ON THE GULF" from himself
to Regions.

201. The Transfer was made by Malacos with the actual intent to hinder, delay or
defraud present and future creditors of Malacos, including Plaintiffs.

202. Plaintiff is a present creditor of Malacos, with standing to assert a claim for relief
underSection726.l 08, Florida'Statutes.

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203. The Transfer is avoidable and recoverable under Section 726.108, Florida
Statutes.

WHEREFORE, Plaintiffs respectfully request that this Court enter a judgment against
the Defendants (i) avoiding the Transfer pursuant to Sections 726.105(1)(a) and 726.108, Florida
Statutes; (ii) recovering the Property or the value of the Property from Defendants pursuant to
Section 726.108, Florida Statutes; (iii) granting all costs from this action; and (iv) providing for
such other and further reliefas the Court deems just and proper.

COUNT 6

(CONSTRUCTIVE FRAUD) FRAUDULENT TRANSFER UNDER SECTIONS


726.105(1)(B), 726.106(1) AND 726.108, FLORIDA STATUTES

(Malacos & Regions)


204. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 203.

205. This is a proceeding to avoid and recover a fraudulent transfer, pursuant to
Sections 726.1 05(1 )(b), 726.1 06(1) and 726.1 08, Florida Statutes.

206. Within four years prior to the date of this Complaint, Malacos transferred
ownership of the Property and the License to use the Tradename "INN ON THE GULF" from
himself to Regions.

207. Upon information and belief, Malacos was insolvent on the date of the Transfer,
or became insolvent as a result of the Transfer, and remained insolvent continuously thereafter.

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208. Malacos did not receive reasonably equivalent value in exchange for the Property
as part ofthe Transfer.

209. At the time of the Transfer, Malacos intended to incur, or believed or reasonably
should have believed that he would incur, debts that would be beyond his ability to pay as they
became due.

210. Plaintiff is a present creditor of Malacos, with standing to assert a claim for relief
under Section 726.108, Florida Statutes.

21t. The Transfer is avoidable and recoverable under Section 726.1 08, Florida
Statutes.

WHEREFORE, Plaintiffs respectfully rvfequests that this Court enter a judgment
against the Defendants (i) avoiding the Transfer pursuant to Sections 726.l05(l)(b),
726.106(1) and 726.108, Florida Statutes; (ii) recovering the Property or the value of the
Property from Defendants pursuant to Section 726.108, Florida Statutes; (iii) granting all costs
from this action; and (iv) providing for such other and further relief as the Court deems just and
proper.

COUNT 7
ACTION TO CANCEL INVALID MORTGAGE

(pursuant to Florida Statutes § 65.061)
(Malacos & Regions Bank)

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212. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 211.

213. Defendant Regions Bank claims a mortgagees) lien against the Property adverse
to Plaintiffs.

214. The claim of Regions is without any right whatsoever, and Regions has no estate,
right, title, lien, or interest whatever in or to the Property or any part ofthe Property.

215. The Mortgage(s) is invalid and unenforceable.

216. The Mortgage(s) remains unsatisfied of record and constitutes a cloud on
Poulos's title to the Property.

217. To the extent that any of the Defendants in this matter is in possession of the
Property, or claims to be in possession of the Property, Poulos demands a jury trial in this action
to cancel the Mortgage.

WHEREFORE, Plaintiffs demand judgment against Defendant Regions declaring the
Mortgage and Security Agreement nuB and void and canceling the Mortgage(s) of record
and entering a decree and order declaring and adjudicating:

a. All adverse claims to the Property in favor ofPoulos;
b. Poulos is entitled to the exclusive possession and quiet enjoyment ofthe Property;
c. Poulos owns the Property in fee simple, and is entitled to the quiet and peaceful
possession of, the Property;

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d. Defendant Regions, and all persons claiming under it, have no estate, right, title,
lien, or interest in or to the Property or any part ofthe Property

e. Defendant Regions, and all persons claiming under it, are permanently enjoined
from asserting any adverse claim to Poulos's title to the Property;

f. An award in favor ofPoulos for costs ofthis action; and
g. Any other relief the Court deems necessary, just, and/or appropriate.

COUNTS

ACTION TO CANCEL 1NVALID DEED


(pursuant to Florida Statutes § 65.061)

(Malacos & Regions Bank)


218. Plaintiffs incorporate, as though fully set forth herein, each and every allegation
set forth in paragraphs 1 through 217.

219. Regions claims title to the Property and claims to hold a deed against the Property
adverse to Poulos in accordance with the Malacos Deed.

220. The claim of Regions is without any right whatsoever, and Regions has no estate,
right, title, lien, or interest whatever in or to the Property or any part ofthe Property.

221. Malacos, Inc, or an associated Malacos entity, without Poulos's prior knowledge
or consent, took possession ofthe Malacos Deed on or about August 7, 2013.

222. The Malacos Deed is invalid and unenforceable.

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223. The Malacos Deed remains of record and constitutes a cloud on Poulos's title to
the Property. To the extent that Regions is in possession of the Property, or claims to be in
possession, Poulos demands a jury trial in this action to cancel the First Mortgage.

WHEREFORE, Plaintiffs demands judgment against Regions declaring the Deed null
and void and canceling the Malacos Deed of record and entering a decree and order declaring
adjUdicating:

a. All adverse claims to the Property in favor of Poulos;
b. Poulos is entitled to the exclusive possession and quiet enjoyment of the Property;
c. Poulos owns the Property in fee simple, and is entitled to the quiet and peaceful
possession of, the Property;
d. Defendant Regions and all persons claiming under it, has no estate, right, title,
lien, or interest in or to the Property or any part of the Property;
e. Defendant Regions and all persons claiming under it, is permanently
enjoined from asserting any adverse claim to Poulos's title to the Property;
f. An award in favor of Poulos for costs ofthis action; and
g. Any other relief the Court deems necessary, just, and/or appropriate.

Respectfully submitted,
POULOS LAW FIRM
By: Antonios Poulos

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Antonios Poulos

Florida Bar No. 0039669

1502 W. Busch Blvd, Suite 200

Tampa, Florida 33612

T. (813) 374-2061

F. (813) 902-7042

E. [email protected]
Plaintiffs Counsel

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Case 8:15-cv-00888-JDW-TBM Document 6 Filed 05/21115 Page 94 of 94 PagelD 182

94


I

Case 8:15-cv-00888-JDW-TBM Document 12 Filed 05127/15 Page 1 of 1 PagelD 188

RETURN OF SERVICE

UNITED STATES DISTRICT COURT

Midldle District of Florida


Case 'lumber SlS·CV·OO888-JDW·TBM

Plamtiff:
GEORGIA POUL.OS, INDIVIDUAL.LY AND AS CO-TRUSTEE OF THE
GEOf!GIA POULOS INTER VIVOS TRUST; CO·TRUSTEE NICK
POULOS; BENEFICIARY ANASTASIOS POULOS; BENEFICIARY
ANTCNIOS POULOS; BENEFICIARY BASILLOS POULOS

VI>

Defendant
ROUND D WALLER; JOHN TAYLOR; MATTHEW ELLROD; GEORGE
MAU.COS; MICH.AEL MALACOS; VINCE CHRISTIAN: LYNN GILBERT;
JON' BUSCEMA; PAULA O'NEIL; REGIONS BANK; OLD REPUBLIC
NATIONAL TITLE INSURANCE; WALLER & MITCHEL.L, PA

For:
Antonios Poulos

1502 N Busch Blvd

Ste 200
Tampa. FL 33612

Rece'ved by DamiCO Process ServIce on the 7th day of MaV 2015 a1400 pm to be served on GEORGE
MALl.COS. 6330 CLARK STREET, HUDSON, FL 34667

I. Bartolome Rivera. do hereby affirm that on the 12th day of May. 2015 al 11:20 pm, I:

INDIVIDUALLYIPERSONALLY served by delivering a true copy of the Summons: Amended Complaint with the
date i no hOur of service endorsed thereon by me, to. GEORGE MALACOS at the address of: 6330 CLARK

STREET, HUOSON, FL 34667, and informed ~id person of the contents therein, in compliance with state statutes.

i cerWy that I am ~r Ihe age of 18, have no interest 10 the above action, and am an AppoInted Process Server, in
good ,tanding, in the judicIal circuit in whIch the process was served Under penalty of perjury, I declare thaI I have
read 11e foregoing and that the facts stated in it are true and correct, that I am an Appomted Process Server jn the
COUI1\'1 in which this defendant/WItness was served and have no Interest 10 the above action. Pursuant to FS
92523(2), no notary is required

.(, \'

~

Bartolome Rivera
APS#9045

Damico PrOCftS Service

Po Bo)( 11698

Tampa, Fl33682

Our Job Senal Number: BDR·2015001739

Case 8:15-cv-00888-JDW-TBM Document 13 Filed 05127/15 Page 1 of 1 PagelD 189

DA.MICO PROCESS SERVICf:

RETli&~ OF SERVICE


UNITED STATES DISTRICT COURT

MIDD!...E DISTRICT OF FLORIDA


Case # 8:15-CV-00888-JDW-TBM Division:


Plaintiffs: Georgia Poulos. et al.,


Defendants; Roland d. Waller, et al.

For· Antonios Poulos, ESQ

I, Carlos Damico, received this Summons and Amended Complaint on DATE 5-6-1S and
~;erved same on H. Lynn Gilben

At 810 South Sterling Ave., Tampa, Fl. 33609-4516


On DATE 5-13-15 Time lO:30am


Explammg Sllld documents in accordance \\-1th state statutes !J1 the manner marked below:


!81INDll1Dll,U. SERVICE: By delivering the wtthm named person a true copy Qfthc above document(s)

SllBSTIT(JTI!: SERVICE: By leavmg a true copy of the above d.:\Cument(s} "'Ith the date and hour of

""It.!lefVICC endorsed thereon by me, at the subJects usual place ofabode on a person residing therein. to

ageor-who IS 15 years of older and mfbrming the person of the contents.

[J GOVERNMEl'IiilCORPORATE: By deh'llermg a true copy of the above named docwnent(s) to.

as

[J AllTIlORlZED SERVKE: Delivered a true cop~< of the above named document( s) to
as

as a professional courtesy. who stated that they were authorized tQ aCcept for the \\ithm.-n~mt:d<personTn

.helr absence.

[JNON.SERVI(~E: For the reason detailed In the comments bclo\\

\tILlTARY STATUS: To my best knowled~e, mformation and behef, the said defendant at the time of
~,ervice wa.<; not engaged to the military service of the United States

COMMENTS:

I certify that I have no interest in the above ac:tion, am of legal age and have proper authority in tbe
jurisdittioD in wbich this service was made.

DAMn".> CA

CERTIFIED PROCESS SERVER I#Q8...S53619

Appointed in accordance with State Statutes

. '--'"

Case 8:15-cv-00888-JDW-TBM Document 14 Filed 05127/15 Page 1 of 1 PagelD 190

AFFIDAVIT OF SERVICE

UNITED STATES DISTRICT COURT

District of Florida


Case "umber, 6:15-CV-00888-JDW-TBM III tilIIII~mll~1111I11I
M1C20 15007748
Plaintif'(s,.

GEORt:>IA POULOS, et at

'IS,

Defendsnt(s)


ROLAND D. WALLER. et at.


For'
Poulos. Esq
POULOS LAW FIRM
1502 11\', Busch Blvd

Ste 20'J
Tampa FL 33612

ReceivHd by DamiCo Process Service on the 11th day of May, 2015 at 529 pm to be served on John Tyaylor.

Esq. Filssett, Anthony & Taylor, P.A•• 1325 W. Colonial Orv, Orlando, FL 32804

I Demck Redding, Sr" being duly sworn, depose and say that on the 14th day of May, 2015 at 2:25 pm, I:

INOIVIC'UALLYJPERSONALLY served by delivering a true copy of the SUMMONS IN A CIVIL ACTION.
AMENCED COMPLAINT with the date and hour of seJ'\ttCe endorsed thereon by me, to John Tyaylor, Esq.
Fassett, Anthony & Taylor, P.A. at the address of 1325 W. Colonial Drv. Orlando, FL 32804, and Informed
said person of the contents therein in compliance with stale statutes

! certify that I am over the age of 18. have no interest in the above action. and am a Certified Process Server in
good standing in the JudIcial cirCUIt in which the process was served .

.: {' A/til, "':"

q:,rrick Redding, Sr!~ '-r--'-'- - - - ,

0152 .'

Damico Process Service
P.O. Box 17698
Tampa. FL 33682
(813) 486-8742

Our Job Senal Number MIC-2015007748
Ref CPS. 08·553619

Case 8:15-cv-00888-JDW-TBM Document 15 Filed 05/27/15 Page 1 of 1 PageID 191
RETURN OF SERVICE


State of Florida County of Midldle Court
Case Number: 815-CV·OO888·JDW·TBM

Plaintiff:
GEORGIA POULOS, lNDlVlOUALLY AND AS CO·TRUSTEE Of THE
GEORGIA POULOS INTER VIVOS TRUST; CO-TRUSTEE NICK
POULOS; BENEfiCIARY ANASTASIOS POULOS: BENEFICIARY
ANTONIOS POULOS: BENEFICIARY BASILLOS POULOS

\Is.

o.fendanl
ROLAND DWALLER; JOHN TAYLOR; MATTHEWELLROD; GEORGE
MALACOS: MICHAEL MALACOS; VINCE CHRISTIAN; LYNN GILBERT;
JONI BUSCEMA; PAULA O'NEIL; REGIONS BANK; OLD REPUBLIC
NATIONAL TITLE INSURANCE; WALLER & MITCHELL, P.A.

For'
Antonios Poulos
1502 W Busch Blvd

Ste200

I'ampa, FL 33612

RecelveQ by DamiCO Process Service on the 7th day of May. 2015 at 4.00 pm to be served on MATTHEW
ELLROD, ESQ, 6642 ROWAN RD, NEW PORT RICHEY, FL 34653.

L Bartolome Rivera, do hereby affirm that on the 13th day of May, 2015 at 10:30 am, I:

INOIVIDUALLYIPERSONALLY served by deitvenng a true copy of the Summons: Amended Complaint WIth the
date and hOUf of service endorsed thereon by me, to MATTHEW ELLROD, ESQ at the address of: 8642 ROWAN
RO, NEW PORT RICHEY, FL 34653. and informed said person of the contents therem. In compliance with state
statutes

I certify that! am ovel the age of 18, have no interest in the above action. and am an Appointed Process Server, in

good standing. in the judicia! eirc",it lfI which the Pfocess was served Under penalty of perjury. I deClare that I have
read the foregoing and thai the facts stated in II are true and correct that f am an APPOinted Process Server 10 the
county in whiCh this defendanli..,itness was served and have no fnterest 10 the abOve action Pursuant to FS
92.525(2) no notary is required...

Bartolome Rivera
APS#9045

o.mlco Process Service
Po Box 17698
Tampa, FL 33682

Our Job Serial Number' BOR-2015001743

Case 8:15-cv-00888-JDW-TBM Document 16 Filed 05127/15 Page 1 of 1 PagelD 192

RETURN OF SERVICE


State of Florida County of Midldle Court
Case Number 8: 15-CV-OOS88-JDW-TBM

P!alntiff

GEORGIA POULOS. INOlVlDUAUY AND AS CO-TRUSTEE OF THE

GEORGIA POULOS INTER VIVOS TRUST; CO-TRUSTEE NICK
POULOS; BENEFICIARY ANASTASIOS POULOS; BENEFICIARY
ANTONIOS POULOS; BENEFICIARY BASILLOS POULOS

liS
Defefitjanl:


ROLAND 0 WALLER; JOHN TAYLOR; MATTHEW ELLROO; GEORGE


MALACOS; MICHAEL MALACOS; VINCE CHRISTIAN; LYNN GILBERT;

JONI BUSCEMA; PAULA O'NEIL; REGIONS BANK; OLD REPUBLIC

NATIONAL TITLE INSURANCE; WALLER & MITCHELL. P.A.


>:01


Antonlos Poulos

1502 W Busch Blvd


Ste 200


Tampa FL 33812


ReceIVed by DamiCO Process Service on the 7m day of May, 2015 at 4 00 pm to be served on MICHAEL


MALACOS, 6330 CLARK STREET, HUDSON, FL 34667


L Bartolome RIVera. do hereby affirm that on the 12th day of May. 2015 at 11:20 am,l:

served an AUTHORIZED entity by delivenng a true copy of the Summons: Amended Complaint with the date and
hOur of service endOfsed thereon bV me, to: GEORGE MALACOS as MANAGER at the address of: 6330 CLARK
STREET, HUDSON, FL 34661, WM Slaled they are authorized to accept servIce for MICHAEL MALACOS, and
Informed said person of the contents therein. in comphance With slate statutes.

I certify that I am over the age of 18 have no interest in the above action. and am an Appointed Process Server, in
good standIng. in the JUdicial circuit In whIch the process was served Under penalty of perjUry. I declare that I haVE!
read It,e foregoing and that the facts stated in it are true and correct, that I am an Appointed Process Server In the
county in whiCh this defendant/WItness was served and have 00 interest,n the above action. Pursuant to FS
92 52:(2). no notary IS recjtured

Bartolome Rivera
APS #9045

Damico Process service
Po Box 11698
Tampa, FL 33682

Our Job Serial Number: BOR·2015001740