Magistrate Cleveland’s Company EVinfinite files suit against Simmons Land Company

Published 12:48 pm Tuesday, April 2, 2024

Magistrate Cleveland’s company, EVinfinite, has filed a complaint against Simmons Land Company after buying property at 200 Cotton Avenue from Simmons Land Company.

The complaint filed by EVinfinite reads as follows: “On or about March 24, 2021, Plaintiff purchased the properties for $234,000 from Simmons Land Company, LLC with a down payment in the amount $7,000 and the balance of the purchase price owner-financed by Defendant using a secured loan.”

It further states that: “Said loan was secured by the properties pursuant to the attached Deed to Secure Debt (hereinafter, “the Security Deed) executed by Crystal Cleveland, Managing member of Plaintiff.”

The complaint further details how EVinfinite leased these properties to multiple tenants as shared office spaces, generating between $1600.00 and $2350.00 per month. EVinfinite filed for Bankruptcy in the United States Bankruptcy Court for the Middle District of Georgia on February 14th, 2023. Their case was dismissed in March 13th, 2023. The complaint claims that the reason was due to “the failure of Plaintiff’s attorney to file certain documents.”
In response, Cleveland filed a Motion to Reconsider or Vacate Dismissal of Case on May 10, 2023. The court scheduled a hearing in response set for May 10. On May 2, 2023, Simmons Land Company foreclosed on the 200 Cotton Avenue Property. Cleveland appeared at the hearing in lieu of an absent attorney, however, the case remained dismissed.

The complaint states the crux of the issue: “On or about July 13, 2023, Plaintiff, received Defendant tacked a letter to the door of the Properties stating that Plaintiff was trespassing on 200 Cotton Avenue and that Plaintiff had three days to vacate the properties. Plaintiff never received written notice from the Defendant that the property was being foreclosed upon or that Defendant had executed and filed a Deed under Power of Sale as required by O.C.G.A. §44-14-162.2.”

The complaint claims that the only notice the Plaintiff received was a letter posted to the door at 200 Cotton Avenue stating the Plaintiff was trespassing. Early August, the defendant changed the locks on the properties, locking out EVinfinite and its tenants.

At the time of filing, the plaintiff claims a loss of $3950 from denied access. The defendant, Simmons Land Company, has responded to a request for admissions, stating: “Admitted that Defendant did not provide a document titled or styled Notice to Vacate prior to executing its Deed Under Power of Sale of May 2, 2023.”

The defendant has also made a counterclaim: “On or about May 2, 2023, by virtue of a Deed Under Power of Sale recorded in Book 1696, Page 198, it became the fee simple title holder to the parcels of real estate set forth in The Complaint herein. On said date, the Plaintiff was in possession of the aforesaid parcels of real estate without any right, title or interest therein, or any right to possession thereof. Despite repeated demands thereafter, the Plaintiff has failed and refused to surrender possession of said parcels of real estate to the Defendant, and to remove her personal property and belongings therefrom.

As a result of the foregoing the Defendant has been unjustly denied the beneficial use and enjoyment of its property since May 2, 2023, and has been deprived of any opportunity to earn income therefrom since said date, all to it’s monetary damage.

Wherefore, the Defendant demands judgement against the Plaintiff for all general and special damages as may be determined by trail to the full extent allowed by law, together with interest and its costs, and that it be granted a Writ of Possession to and for the aforesaid parcels of real estate. Dated with 23rd October 2023.”

The registered agent for Simmons Land Company, Mark Simmons, has declined comment. The ATR has been unable to reach Crystal Cleveland for comment.