A married couple from Pinellas County, Florida, has taken legal action against a local corporation over a property dispute that has left them unable to refinance their home. Douglas J. McKay and Tamara A. McKay filed a complaint on March 25, 2025, in the Circuit Court of the Sixth Judicial Circuit in Pinellas County against 5801 Middlesex Inc., a Florida corporation.
The case revolves around residential property located at 9398 128th Avenue North in Largo, Florida. The plaintiffs claim ownership of this property following a public auction resulting from a partition action between SLTATA Investments LLC and Ice Financial Inc., where they emerged as the successful bidders. The McKays allege that after acquiring the property, they discovered it was subject to an unrecorded mortgage modification that increased the principal balance by $115,000—a fact they were unaware of at the time of purchase.
The plaintiffs argue that according to Section 695.01(1) of the Florida Statutes, their title should not be subject to this unrecorded mortgage modification since it was not recorded before their purchase. Furthermore, they contend that 5801 Middlesex Inc., acting as the lender/mortgagee, violated Section 701.04(1) by failing to provide an accurate estoppel letter detailing only the unpaid balance of the original mortgage without including additional funds for the unrecorded modification.
Douglas and Tamara McKay are seeking declaratory judgment from the court affirming their ownership rights over the property without encumbrance from the unrecorded mortgage modification. They also request an accurate estoppel letter for refinancing purposes that complies with statutory requirements and does not include any demands related to the disputed modification. Additionally, they seek recovery of costs incurred during this legal process and any other relief deemed appropriate by the court.
Representing Douglas and Tamara McKay is attorney Scott W. Fitzpatrick from Eggert Fitzpatrick law firm based in Ruskin, Florida. The case is being presided over by Judge Ken Burke under Case Number: 25-001451-CI.