Florida Quit Claim Deed Instructions

Man Says He Did Not 'Steal' Century Church

A Pensacola man accused of “stealing” a Century church says he’s not guilty.

John D. Young, 72, was arrested last month for grand theft for allegedly signing a Century church property over to a Flomaton woman when he was not authorized to do so. During an arraignment hearing before Judge Terry Terrell, Young pleaded not guilty to the charge against him. He is scheduled to be back in court in late September.

According to an Escambia County Sheriff’s Office report, Young signed the property over to Taryn Wright with a quit-claim deed on the small, 1,500 square foot church located at 401 Hecker Road in Century. Young signed the documents while acting as the bishop of the Northwest Florida Jurisdiction Church of God In Christ, Inc., but investigators said Young knew he was no longer the organization’s bishop and could not act on their behalf.

Young was appointed bishop of the Northwest Florida Jurisdiction of Church of  God in Christ, Inc,. in 1996 and resigned in 2008, according to the arrest report. In February 2009, a letter was sent to Young confirming the unanimous acceptance of his resignation by the church board. In July 2009, Young was removed from the corporations records with the Florida Department of State. He signed the property over to Wright as “Bishop Young of Northwest Florida Jurisdiction of God In Christ, Inc.” in May 2010.

Willie Green, the current bishop of the church, told Sheriff’s investigators that he tried unsuccessfully to resolve the issue with Young. Green said he then tried to rent the church to Wright but failed and then asked her to vacate the property.

According to Escambia County Property Appraiser records, the church property is valued at $14,253.

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Breach of Fiduciary Duty Causes Loss of Florida Homestead Protection

Jurisdiction to convey Florida real estate, it can have personal jurisdiction over a Florida resident so as to force the Florida resident to convey the real estate.

The fact that the property is being used as a home will not necessarily qualify it for Florida homestead protection if it was acquired as a result of constructive fraud. “Constructive fraud” may include breach of fiduciary duty by someone other than the Florida homeowner.

1992 – Richard and Edith, a married couple residing in California, create a Trust and transfer their marital home into it. The Trust provides that:

1996 – Edith dies. The marital home is divided, with 75 percent going to the Residuary Trust and 25 percent to the Survivor’s Trust.

1998 – Richard remarries to Ann.  He transfers the prior marital home from the Residuary Trust to himself at a time when his assets have not been fully depleted.  He then sells the prior marital home and uses the proceeds to purchase a new home with Ann.

2003 – Richard dies.  Ann sells the California home and uses the proceeds to buy a home in Kissimmee, Florida.

After Richard’s death, the successor trustee of the Trust discovers Richard’s inappropriate transfer of the original marital home from the trust to himself.  The trustee brings suit in California to compel Ann to refund 75 percent of the proceeds from the sale of the original marital home.

The California court holds that Richard’s conveyance of the original marital home to himself was a breach of fiduciary duty.  The California court places a constructive trust over the Kissimmee property to prevent Ann from dealing with the property until the constructive trust is satisfied.

The trustee domesticates the California judgment in Florida.  Ann claims that the judgment was unenforceable since the property qualified for Florida homestead protection.   The Florida trial court doesn’t rule on the homestead argument, though, since the California order did not order a change in ownership of the Florida property.

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