Interest Recovery Inc. has filed a lawsuit seeking financial restitution and legal remedies against the estate of a deceased individual and any unknown heirs, alleging unjust enrichment and failure to contribute to property expenses. The complaint was lodged by Interest Recovery Inc. in the Circuit Court of the Sixth Judicial Circuit in Pinellas County, Florida, on October 28, 2024, targeting the Estate of Gary Selby along with any unknown heirs.
The case revolves around a property located at 1489 Park Street, Clearwater, Florida. Interest Recovery Inc., a corporation operating in Pinellas County, claims that it holds a 50% ownership interest in this property as tenants in common with the estate of Gary Selby and his unknown heirs. The plaintiff asserts that after Gary Selby's divorce from Julie Selby on July 17, 2009, he became the sole tenant in possession of the property but failed to pay his share of rent or other expenses related to the property until his death on October 17, 2021.
The complaint details that upon their divorce, Gary and Julie Selby's joint ownership transformed into a tenancy in common under Florida law. Despite this change, Gary allegedly continued to occupy the entire property without compensating Julie or her assignees for their share of rental value or contributing towards taxes and maintenance costs. According to Interest Recovery Inc., this resulted in an outstanding balance of $110,250 for unpaid rent over 147 months.
Interest Recovery Inc. is pursuing compensation for these unpaid dues as well as interest on back rent from Gary's estate and any unknown heirs. Additionally, they seek reimbursement for principal and interest payments made by Julie Selby towards the mortgage during her marriage to Gary Selby. The plaintiff is also requesting coverage for legal fees incurred during this action.
Represented by attorney Cheyenne Whitfield from Whitfield Law LLC based in Tampa, Florida, Interest Recovery Inc. demands judgment against the defendants for all recoverable damages under Florida law plus interest and court costs. They also request an order requiring payment of reasonable attorneys' fees and other relief deemed appropriate by the court.
This case is presided over by Judge Ken Burke with Case ID: 24-004741-CI.