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L,LANTANA
HOMES HOMEOWNERS
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ASSOCIATION, INC.; ELMEZIAAINELUS; /r''\ MORTGAGE ELECTRONIC REGISTRAT IO&*) SYSTEMS,INC., AS NOMINEE FOR /'^
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AMERICAN BROKERS CONDUIT;JOHN DoE t-' b) AND JANE DoE AS LNKNowN TENANTS tN
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COMPLAINT TO FORECLOSE MORTGAGE Plaintiff,
sues the Defendant(s) and alleges:
COLINT I
1. 2. 3. 4.
in PALM BEACH
County, Florida.
Public Records of PALM BEACH County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage and Note are attached hereto as "Exhibit "A"'
5. 6.
1
The Plaintiff acquired the loan which is the subject of the instant foreclosure action prior to the filing of the
There is a default under the tenns of the note and mortgage fbr the DECEMBER 6, 2008 payment and all payments due thereafter.
8.
All conditions precedent to the acceleration of this Morlgage Note and to loreclosure of the Mortgage
been fulfilied or have occurred. The Plaintifl declares the full amount payable undcr the Note and Mortgage to be due. The borrowers owe Plaintiff $228,000.00 that is due in principal on the Mortgage Note and Mortgage,
have
9.
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together with interest lrom NOVEMBER 6,2008, late charges, and all costs o1'collection including title
search expenses fbr ascertaining necessary parties to this action and reasonable attorney's lees.
i l.
12.
f'ee
Defendants, .lohn Doe and Jane Doe, may clairn an interest in the property clescribed in the Mortgage as tenants pursuant to a lease agreement, either writtcn or oral. Said interest is sub.ject, subordir.rate, and
In addition to all other named def'endants, the unknown spouses, heirs, devisees, grantees, assignees,
creditors, trustees, sllccessors in interest or other parties claiming an interest in the subiect property by,
through under or against any of said defler.rdants, whether natural or corporate, who are not knor.vn to be aliveordead,dissolvedorexistir.rg,are.joinedasdef-endantshereir.r.
subject, subordinate, and inf-erior to the interest
T4,
Theclaimsolanyofsaidparliesar-e
ollrlaintitL
The De1'endant, LANTANA HOMES HOMEOWNERS ASSOCIATION, INC., is joined because it rncy
claim some interest in or lien upon the subject property by virtue olpossible associatior.r liens and
assessments. Said interest is sub.iect, subordinate, and inl'eriorto the lien olthe Mortgage held by the
Plaintiff.
15.
The Defendant, UNKNOWN SPOUSE OF LIPHAITE AINELUS, is joined because SHE may claim some interest in or lien upon the subject properly by virtr.re
Saicl intcr.est is
t6.
The Def'endant(s), ELMEZIA AINELUS, is joined because shc may claim some interest in or Iien upon the subject property by virtue of a POSSIBLE INTEREST PURSUANT TO EXICUTING TFIE MORTGAGE recorded in PALM BEACII County u,hich is inferior to Plaintilfs Mortgage describec'l hereir.r.
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AMERICAN BROKERS CONDUIT, is.ioined because it may claim some interest in or lien
subject property by virtue
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ar-rd
of what is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and fbr the costs, charges
and expenses, including attorney's f'ees and title search costs, and advancentents which Plaintiflmay be putto or
incur in and about this suit, and that the Defbndants fbund responsible fbr same be ordercd to pay tho PlaintifTherein
the amounts so found to be due it; that in def'ault olsuch paynlents, all right, title, interest, claim, clcmand, or equity
of redemption olthe Defendants and all other persons claiming by, through, undcr or against said Def-endants since
the filing of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage property be sold
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under the direction of this Court; that out of the proceeds of said sale, the amounts due the Plaintiff may be paid so
far as same will suffice; and that a deficiency judgment be entered if applicable and only in the evenr no Order of Dischalge ofPersonal Liability in Bankruptcy has been entered as to any ofthe Defendants who signed the subject Note and Mortgage and a Writ of Possession be issued.
TO ALL DEFENDANTS: PLEASE NOTE EFFECTM OCTOBER 13,2006,15 U.S.C. $1692c OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMBNDED AS FOLLOWS:
(a) LEGAL PLEADINGS -- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. f 6929) is amended by adding at the end the following new subsection: "(d) Legal Pleadings -- A communication in the form of a formal pleading in a civil action shall not
SOLOMON
Bar #:842540
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10-30391 CWF
Miriam Mendieta Bar #: 0866880 Law Offices of David J. Stern. P.A. Attorney for Plaintiff 900 South Pine Island Road, Suire 400 Plantation, FL 33324-3920 (954) 233-8000
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SERVICING AGREEMENT RELATING TO IMPAC SECURED ASSETS CORP.. MORTGAGE PASS. THROUGH CERTIFICATES, SERIES 2006-4. declare that I ng, and the facts alleged therein are true and correct to the best of my knowledge and belief
NAME:
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WELLS FARGO BANK, NATIONAL ASSOCIATION, Case No': AS TRUSTEE FOR MORGAN STANLEY ABS CAPITAL I INC. TRUST 200'/-HE4 MORTGAGE Division: PASS-THROUGH CE,RTIFICATES, SEzuES 2OO7-HE4 Plaintiff,
vs.
Under penalty of perjury, I declare that I have read the foregoing Mortgage Foreclosure Complaint and the facts alleged therein are true and correct to the best of my knowledge and belief'
BANK OF AMERICA, N.A. as Attorney in Fact foT WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, FOR MORGAN CAPITAL I TNC. TRUST 2OO7E PASS-THROUGH
200't-HE4
Title:
JUDICIALCIRCUITINANDFoRPALMBEACHCOUNTY,FLORIDA
CTVIL ACTTON
vs
Defendant(s)
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CASE NO.
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SUMMTTONKAENTERPRISES,LLC,;WLLIAMJ.STODDARD;ANYAND AND AGAINST THE HEREIN NAMED INDIVTDUAL PARTIES CLAIMING BY, THROUGH, UNDER'
DEFENDANT(S)wHoannNorKNowNToBEDEADoRALIVE,WI{ETHERSAIDUNKNOWN PARTTESMAYCLAIMANINTERESTASSpOUSnS'HEIRS'DEVISEES',GRANTEES',OROTHER ASSOCIATION' INC'; TENANT #l', TENANT cLAIMANTS; Crrvpr,lcc TOWER CONIOITNIUM to account for parties in possession
fictitious #2, TENANT #3, and TENANT #4 the names being
or
Perjury,
ldeclarethatlhavereadtheforegoingComplaintlrledagainstSUMMITONKA
correct to the best of my knowledge and a1., and the facts alleged therein are true and
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PLAINTIFF
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HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD oR ALrvE, wuErnEdiain '
ANN TRACEv;'#rEn J. TRACEy ^ A/wA pErER TRACEy; axv axn LNKNOWN PARTTES Crervrxc
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alleges:
in pALM BEACH county,
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Florida.
M'NEY
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The Mortgage was recorded on
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interest prior to the filing of this complaint. The property is now owned by the Defendant(s), FAITH AN'N TRACEY AND PETER J. TRACE' AII</A PETER TRACEY' if living and if dead, the unknown spouses, heirs and beneficiaries of FAITH ANN TRACEY AND PETER J. TRACEY A/WAPETER TRACEY There is a delault under the terms of the note and mortgage for the SEPTEMBER payments due thereafter.
WhO hOId(S)
POSSCSSiON.
as Plaintiff' as seryicer for the owner and acting on behalf of the owner with authority to do so, is the present designated holder of the note and mortgage with authority to pursue the present action. plaintiff held this
16,2007 in officialRecords Book 2l 524 atpage4g0, of the Public Records of PALM BEACH county' Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors' a copy of the Mortgage and ,,Exhibit Note
are attached hereto
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9.
10.
The Plaintiff declares the full amount payable under the Note and Mortgage to be due. The borrowers owe Plaintiff $391'920.00 that is due in principal on the Mortgage Note and Mortgage, together with interest from AUGUST 1,2009,1ate charges, and all costs of collection including title search
expenses for ascertaining necessary parties to this action and reasonable attorney,s f'ees.
11.
Plaintiff is obligated to pay its attomey a reasonable fee for his services rendered.
Defendants' John Doe and Jane Doe, may claim an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either written or oral. Said interest is subject, subordinate, and
t2.
In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, sucaessors in interest or other parties claiming an interest in the subject property by, through under or against any ofsaid defendants, whether natural or corporate, who are not known to be
aliveordead,dissolvedorexisting,arejoinedasdefendantsherein.
subject, subordinate, and inferior to the interest ofplaintiff.
T4,
Theclaimsofanyofsaidpartiesare
The Defendant,
is
some interest in or lien upon the subject property by virtue of possible association liens and assessments. Said interest is subject' subordinate, and inferior to the lien of the Mortgage held by the plaintiff. t5.
ThC DEfCNdANI(S), MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., AS NOMINEE FOR
joined because it may claim some interest in or lien upon the subject property by virtue of a MoRTGAGE recorded in officialRecords Book 21524 at page 504 in PALM BEACH county which is inferior to plaintiffs Mortgage described
is
herein.
herein the amounts so found to be due it; that in default of such payments, all right, title, interest, claim, demand, or equity of redemption of the Defendants and all other persons claiming by, through, under or against said Defendants since the tiling of the Lis Pendens herein be absolutely barred and foreclosed and that said mortgage propefty be sold under the direction of this court; that out of the proceeds of said sale, the amounts due the plaintiff may be paid so far as same will suffice; and that a deficiency judgment be entered if applicable and only in the event no order of Discharge olPersonal Liability in Bankruptcy has been entered as to any of the Defendants who signed the subject Note and Mortgage and a Writ of possession be issued.
WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Cor"ut olwhat is due the Plaintiff for principal and interest on said Mortgage and Mortgage Note, and for the costs, charges and expenses, including attorney's fees and title search costs, and advancements which plaintiff may be put to or incur in and about this suit, and that the Defendants found responsible for same be ordered to pay the plaintiff
To -{LL DEFEIiD.\NTS; pLEASE NorE EFFECTT\T ocroBER 13,2006,15 u.s.c. $1692c oF THE FAIR DEBT COLLECTION PR{CTICES ACT HAS BEEN AMENDED AS FOLLOWS:
(a) LEGAL PLEADINGS -- Section 809 of the Fair Debt Collection Practices Act (15 U.S.C. 16929) is amended by adding at the end the following new subsection: "(d) Legal Pleadings -- A communication in the form of a formal pleading in a civil action shall not be treated as an initiar communication for purposes of subsection (a).,,
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Miriam M Bar#:0866880
Law Offices of David J. Ster.n. p.A. Attorney fbr Plaintiff l0-32989 CWF
900 South Pine Island Road. Suire 400 Plantation, FL 33324-3920 (954) 233-8000
Under Penalty of Perjury, I, as authorized signaror.y orr behalf of BAC HOME LOANS SERVICING LP F/WiC'OUNTNVWIDE HOME LO ERVICING LP, declare rhat I have read the fbregoing, and the facts alleged therern are true and correct of my knowledge and belief.
NAME:
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,-JlCAPITAL ONE BANK (USA). Nn!V+og' oo' -" ANIftANE DOE AS LINKNOWN TENAN'TS IN
POSSESSION
t'lF JOHN MCCANN IF ANY;ANY AND ALL LTNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE. WHETHER SAII) UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES. CRANTEES OR OTHER CLAIM{NTS;
VS.
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County, Florida.
1' 2.
3.
in pALM BEACH
On DECEMBER 12,2006 JOHN MCCANN, A MARRIED MAN, AS HIS SOLE AND SEPARATE
a Morlgage
official Records Book 2 1242 atpage 193g, of the Public Records of PALM BEACH County, Florida, and mortgaged the property described in it, then owned by and possessed by the Mortgagors, a copy of the Mortgage and Note are attached ,,Exhibit ,'A,,.
hereto as
servicer fbr the owner and acting on behalf olthe owner with authority to do so, is the present designated holder of the note and mortgage with authority to purslre the present plaintiff held this action. interest prior to the filing of this complaint.
as
Plaintiff,
if living and if
There is a default under the terms of the note and moftgage lor the JULY due thereafter.
8,
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precedent to the acceleration of this Mortgage Note and to fbreclosure of the Morlgage have been fullllled or have occurred. The Plaintiff declares the full anount payable under the Note and Mortgage to be due.
All conditions
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expenses for ascertaining necessary parties to this action and reasonable attorney,s t'ees.
11.
Plaintilfis obligated to pay its attorney a reasonable lee tbr his services rendered.
Defendants, John Doe and Jane Doe, may claim an interest in the property described in the Mortgage as tenants pursuant to a lease agreement, either written or oral. Said interest is sub.ject, subordinate, and
12.
In addition to all other named defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, sllccessors in interest or other parties claiming an interest in the sub.ject property
by,
through under or against any olsaid defendants, whether natural or corporate, who are not knowr to be alive or dead, dissolved or existing, are joined as defbndants herein. The claims of any of said parties are subject, subordinate, and int-erior to the interest ofplaintiff.
t1.
The Defendant'
is
ola possible homestead interest. Said interest is subject, subordinate and inferior to the ir.rterest of the plaintiffs mortgage.
15
(usA), NA,
is
lien upon the subject property by virtue of a FINAL.IUDGMENT recorded in officialRecords Book 2306g at Page 1240 in PALM BEACH County whrch is inf-erior to Plaintiff-s Mortgage
described herein.
ordered to pay the herein the amounts so fbund to be clue it; that in default of such payments, all right, title, interest, clairn, demand, or equity of redemption olthe Defer.rdants and all other persons claiming by, through, under or against said Defendants since the filing olthe Lis Pendens herein be absolutely barred and loreclosed and that said morlgage property be sold under the direction of this courl; that out of the proceeds olsaid sale, the amounts due the plaintilf may be paid so lar as same will suffice; and that a deficiency.iuclgment be entered if applicable and only in the event no order of Discharge of Personal Liability in Bankruptcy has been entered as to any olthe Defendants who signed the subject Note and Mortgage and a Writ of possession be issr-red.
WHEREFORE, Plaintiff prays: That an accounting may be had and taken under the direction of this Courl of what is due the Plaintifr lor principal and interest on said Mortgage and Morlgage Note, and fbr the costs, charges and expenses, including attorney's fees and title search costs, and advancements which plaintiff rnay be put to or incur in and about this suit, and that the Defendants found responsible for same be plaintiff
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PLEASE NOTE EFFECTIIE OCTOBER 13,2006, 15 U.S.C. $r692c oF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOWS:
(a) LEGAL PLEADINGS -' Section 809 of the Fair Detrt Collection Practices Act (15 U.S.C. 16929) is amended by adding at the end the following new subsection: "(d) Legal Pleadings '- A communication in the form of a formal pleading in a civil action shall not
TO ALL DEFENDANTS:
GtY
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l0-32383(CWFXFNM)
Bar #: 0866880 Law Olfices of David J. Stern. p.A. Attorney for Plaintifl' 900 South Pine Island Road. Suirc 400 Plantation, FL 33324-3920 (9s4) 233-8000
read the fbregoing, and the facts allegecr therein are true and correct to the
iERnrc;ric, #,
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NAME:
Smsxs:mda
IN THE CIRCUIT COLIRT OF THE FIFIEE}ITH ILDICIAL CIRCt1UTIN AND FOR PALM BEACH COLINTY, FLORIDA CNIL DIVISION
DE,LITSCHE BANK NATIONAL TRUST
COMPANY,
CASE
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VERIFICATION OF FORECLOSURE
COMPLAINT
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Under penalty of perjury, I declare that I have read the foregoing Moftgage
ForbibiUie
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Complaint and the facts alleged therein are true and correct to the best of my knowledg+arl{
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BANK OF AMERICA, N.A. as Attorney in Fact foT DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE ON BEHALF OF THE CERTIFICATE HOLDE,RS OF IXIS REAL
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ES 2OO4-HE4
By:
Title:
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