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Bank of America N.A Plaintiff vs. Helena Chew , et al Defendant
On July 31, 2015 a real prop homestead res fore - >$50k - <$250,000 case was filed by (Subcribe to view) represented by (Subcribe to view) against (Subscribe to view) represented by (Subscribe to view) in the jurisdiction of Broward County, FL. Judge Gundersen, Andrea Ruth presiding.
Case Details
Case Number
Filing Date
July 31, 2015
Last Refreshed
October 02, 2023
Filing Location
Broward County, FL
Filing Court House
Central Courthouse
Category
Real Prop Homestead Res Fore - >$50K - <$250,000
Practice Area
Property
Matter Type
Foreclosure
Status
Active
Overview
Tn this Agreement, the terms "we." us.” "our" and "Bank" refer to the Lender or to any subsequent assignce or transferec. Except as noted below. the terms
"you." "your," "yours" and “Borrower” refor to cach person that signs this Agreomont or has authority to use the Credit Line, Read thie Agrocmont carefully so that
vou know how your Account works and kecp a copy of this Agrcement for your records
2, Borrower's Promisc to Pay. You promisc to pay to Lender the total ofall Advances plus FINANCE CHARGES, together with all fees and charges under the
terms of this Agroement. You will pay your Account according to the lorms set forth bulow. If there is more than one Borrower, cach is jointly and soverally liable
onthis Agreement This means we can require any Borrower to pay all amounts duc under this Agroement. including crodit advances made to any Borrower. Each
Borrower authorizes any other Borrower, on his or her signature alone, to cancel the Credit Line, to request and receive credit advances, and to do all other things
necessary to earry ott the terms of this Agreement. We can release any Borrower from responsibility under this Agrcement, and the others will remain responsible,
Term. The term of your Account will begin as of the date of this Agreement ("Opening Date®) and will continue until all indebtedness under this Agreement,
iffnot alrendy paid pursuant to the payment provision below. will be due and payable upon maturity. ‘The Draw Period of your Account will hegin on the date after
the Opening Date, when this Agreement is accepted by us in the Slate of North Carolina, following the perfection of the Security Instrument and the meeting of al of
‘our other vonditions and will continue for one hundred and twenty (120) months. You may obtain credit advances during the Draw Period. After the Draw Period
‘ends, the Repayment Period will begin, and you will no longer be able to obtain credit advances, The length of the Repayment Period is one hundred and eighty (180)
months depending on the repayment schedule set forth below. You agree that we may renew or extend the period during which you may obtain credit advances or
make payments.
Credit Limit. This Agreement covers a revolving line of eredit forthe principal amount of ONE HUNDRED FIFTY
THOUSAND AND 00/100 DOLLARS 150, 000) @Bich will be your Credit Limit under this Agrooment,
‘You may not request an Advance from your Account that would cause your outstanding balance of Advances to exceed your Credit Limit nor are we obligated to pay
any Advance request that would cause your outstanding balance of Advances to exceed your Credit Limit, If we do make an Advance that causes your outstanding
balance of Advancos lo exceed your Credit Limit, this will not constitute an increase in your Credit Limit. You agres to immediately repay the amount by which your
‘outstanding balance of Advances exceeds your Credit Limit
Security. All amounts due under the Account are secured by a mortgage, deed of trust or security deed ("Security Instrument”) on the Property identitied on
page one of this Agreement. Borrower agrees to pay all amounts due, and perform all covenants and obligations required of Borrower under the Security instrument.
IF il becomes necessary for us to advance funds to you above the Credit Limit to protect our security interest, those amounts in excess of the Credit Limit will be owed
by you and will be secured by the Security Instrument unless Applicable Law prohibits the same. The Security Instrument and this Agreement are related documents
and a default under either document will be treated as a default under both documents. To the extent permitted by Applicable Law. the lien of the Security Instrument
«will continue and will have tho same priority if, with your consent, we renew, extend, amend, modify or substitute this Agreement, In such event, you agree to exxcute
any additional documents necessary to achieve the action being taken. 7
‘Terms And Definitions. ‘The following terms are defined as set forth in this Section. Other terms are defined elsewhere in this Agreement,
A. “Billing Cyole™ isan interval of time that ovcurs regularly during the term of this Agreement and is used to determine the FINANCE C]IARGES and other
Jes, charges. and credit insurance premiums that are due on your Account. The mumber of days in each Dilling Cycle may vary from time to time. A.
ling Cycle occurs regardless of whether there is a balance or any activity on your Account. Your Billing Cycle is stated on page J of this Agreement,
g Statement” is a statement that we will funish fo you periodically that provides important information regarding your Account activity.
*Credil Limit” isthe maximum aggregate amount of principal that we will extend lo youtmnderthis Agreement. Y our Credit Limit may change under certain
circumstances. Your Credit Limit is stated on page 1.
"Draw Period” is the period of time during which you may request Advances from your Account. The Draw Period is stated on page 1.
"Maturity Date® is the date on which the entire Account Balance under this Agrcement is due, The Maturity Date of your Account is stated on page 1.
“Minimum Payment” is the minimum amount you must pay on your Credit Account. as reflected on each periodic Billing Statement for zach Billing Cycle.
‘Your Minimum Payment during the Draw Period and during the Repayment Period will be calculated as described below under the heading *Paym.
os
FES
Causes of Action
COUNT IL REFORMATION OF MORTGAGE
Case Complaint Summary
This complaint is a foreclosure case filed by Bank of America against Helena Chew and Wai Ling Chew, as well as any unknown parties claiming an interest in the property. The complaint alleges that Helena Chew and Wai Ling Chew executed a promisso…...
Parties
Plaintiffs
Attorneys for Plaintiffs
Defendants
Attorneys for Defendants
Case Documents
Motion to Discharge Lis Pendens
Date: Jul 27, 2018Request
Date: Jan 17, 2018Motion to Strike
Date: Jun 27, 2017Subpoena Issued By Attorney
Date: Jun 19, 2017Answer Affirmative Defenses
Date: Apr 27, 2016Order
Date: Feb 22, 2016Response to Motion to Dismiss
Date: Dec 11, 2015Motion to Dismiss
Date: Nov 25, 2015Supplemental Response - Request for Production
Date: Oct 06, 2015Response to Request for Production
Date: Sep 28, 2015Motion for Extension of Time
Date: Sep 25, 2015Motion for Enlargement of Time
Date: Aug 31, 2015Request for Production
Date: Aug 31, 2015Interrogatories
Date: Aug 31, 2015Complaint (eFiled)
Date: Jul 31, 2015Case Events
Date | Type | Description | |
---|---|---|---|
April 09, 2019 | Docket Event |
Comment: Original Note and Mortgage documents returned to Marinosci Law Group via FEDX 7909 4232 3497 Judge: 11 Gundersen, Andrea Ruth |
|
August 01, 2018 | Docket Event |
Re-open Fee Payor: GREGG R. DREILINGER ; Userid: CTS-fg/t ; Receipt: 20181FA1A104222; ;Amount: $50.00 Judge: 11 Gundersen, Andrea Ruth |
|
July 27, 2018 | Docket Event |
Motion to Discharge Lis Pendens VACATE FINAL JUDGMEN, RELEASE ORIGINAL DOCUMENTS CANCEL FORECLOSURE SALE SET FOR JULY 31, 2018. AND ISMISS FORECLOSURE CASEParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
July 27, 2018 | Docket Event |
Notice of Hearing July 30 2018 at 8:45 a.m Judge: 11 Gundersen, Andrea Ruth |
|
June 26, 2018 | hearing |
Foreclosure Sale Per Order |
|
June 26, 2018 | Docket Event |
Foreclosure Sale Fee Payor: MARIA KOMHLAN ; Userid: CTS- ; Receipt: 20181RA1A002761; ;Amount: $70.00 Judge: 11 Gundersen, Andrea Ruth |
|
June 26, 2018 | Docket Event |
Ord Canceling/Rescheduling Clerk's Fclsre Sale reset to 7/31/18 Judge: 11 Gundersen, Andrea Ruth |
|
June 22, 2018 | Docket Event |
Electronic Sale Fee Paid Payor: MATTHEW SLOWIK ; Userid: CTS-fg/t ; Receipt: 20181FA1A084852; ;Amount: $60.00 Judge: 11 Gundersen, Andrea Ruth |
|
June 22, 2018 | Docket Event |
Additional Filing Fee for Judgment Award Billed Party: Attorney Carey, Molly E Amount: $1,000.00 Judge: 11 Gundersen, Andrea Ruth |
|
June 21, 2018 | Docket Event |
Notice of Sale - Issued by Attorney SALE DATE 6/26/18 Judge: 11 Gundersen, Andrea Ruth |
|
June 19, 2018 | Docket Event |
Proof of Publication June 26, 2018 Judge: 11 Gundersen, Andrea Ruth |
|
March 02, 2018 | Docket Event |
Comment: FILE CREATED FOR ORGINAL DOCS Judge: 11 Gundersen, Andrea Ruth |
|
January 24, 2018 | Docket Event |
Final Disposition Form
Judge: 11 Gundersen, Andrea Ruth |
|
January 24, 2018 | Docket Event |
Affidavit of Costs
Judge: 11 Gundersen, Andrea Ruth |
|
January 24, 2018 | Docket Event |
Affidavit of Attorney Fees
Judge: 11 Gundersen, Andrea Ruth |
|
January 24, 2018 | Docket Event |
Notice of Filing ORIGINAL NOTE, COPY OF LOAN MODIFICATION, ORIGINAL MTGParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
January 17, 2018 | Docket Event |
Request
Judge: 11 Gundersen, Andrea Ruth |
|
January 10, 2018 | Docket Event |
Notice of Taking Deposition
Judge: 11 Gundersen, Andrea Ruth |
|
January 03, 2018 | Docket Event |
Notice of Cancellation
Judge: 11 Gundersen, Andrea Ruth |
|
December 29, 2017 | Docket Event |
Notice of Taking Deposition Duces Tecum
Judge: 11 Gundersen, Andrea Ruth |
|
December 19, 2017 | Docket Event |
Witness & Exhibit List
Judge: 11 Gundersen, Andrea Ruth |
|
December 15, 2017 | Docket Event |
Witness & Exhibit List
Judge: 11 Gundersen, Andrea Ruth |
|
June 30, 2017 | Docket Event |
Certificate of Mailing ORDER SETTING NON-JURY FORECLOSURE TRIAL AND PRETRIAL PROCEDURESParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
June 28, 2017 | Docket Event |
Ord Setting Non-Jury Trial
Judge: 11 Gundersen, Andrea Ruth |
|
June 28, 2017 | Docket Event |
Ord Setting Non-Jury Trial AND PRETRIAL PROCEDURES 01/24/2018 @ 9:00 AM RM 4150 Judge: 11 Gundersen, Andrea Ruth |
|
June 27, 2017 | Docket Event |
Motion to Strike Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
June 26, 2017 | Docket Event |
Amended Witness List
Judge: 11 Gundersen, Andrea Ruth |
|
June 26, 2017 | Docket Event |
Summons Returned Served 6/22/2017Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
June 19, 2017 | Docket Event |
Subpoena Issued By Attorney
Judge: 11 Gundersen, Andrea Ruth |
|
May 30, 2017 | Docket Event |
Witness & Exhibit List
Judge: 11 Gundersen, Andrea Ruth |
|
March 02, 2017 | Docket Event |
Hold Payment Payor: MARINOSCI LAW GROUP PC ; Userid: CTS-tbrown ; Receipt: 20171YE1H000264; omments: BC# 278238 ;Amount: $1,000.00 Judge: 11 Gundersen, Andrea Ruth |
|
March 01, 2017 | Docket Event |
Witness & Exhibit List
Judge: 11 Gundersen, Andrea Ruth |
|
January 18, 2017 | Docket Event |
CERTIFICATE OF MAILING TRIAL ORDER
Judge: 11 Gundersen, Andrea Ruth |
|
January 11, 2017 | Docket Event |
Ord Setting Non-Jury Trial
Judge: 11 Gundersen, Andrea Ruth |
|
January 11, 2017 | Docket Event |
Ord Setting Non-Jury Trial AND PRETRIAL PROCEDURES 06/28/2017 @ 9:00AM RM 518 Judge: 11 Gundersen, Andrea Ruth |
|
December 15, 2016 | Docket Event |
Amended Witness List
Judge: 11 Gundersen, Andrea Ruth |
|
August 31, 2016 | Docket Event |
Witness & Exhibit List BANK OF AMERICA Judge: 11 Gundersen, Andrea Ruth |
|
August 31, 2016 | Docket Event |
Certificate of Mailing BANK OF AMERICA, N.A Judge: 11 Gundersen, Andrea Ruth |
|
August 26, 2016 | Docket Event |
Ord Setting Non-Jury Trial
Judge: 11 Gundersen, Andrea Ruth |
|
May 11, 2016 | Docket Event |
Notice of Non Jury Trial
Judge: 11 Gundersen, Andrea Ruth |
|
May 11, 2016 | Docket Event |
Reply to Affirmative Defenses PLAINTIFF'S REPLY TO ANSWER AND AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL Judge: 11 Gundersen, Andrea Ruth |
|
April 27, 2016 | Docket Event |
Answer & Affirmative Defenses Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
April 27, 2016 | Docket Event |
Non-Military Affidavit
Judge: 11 Gundersen, Andrea Ruth |
|
April 27, 2016 | Docket Event |
Motion for Default JUDICIALParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
February 22, 2016 | Docket Event |
Order on df's motion to dismiss// DENIED, 30 DAYS TO ANSWER Judge: 11 Gundersen, Andrea Ruth |
|
January 20, 2016 | Docket Event |
Notice of Hearing February 22, 2016 at 8:30 a.m. Rm 519 Judge: 11 Gundersen, Andrea Ruth |
|
December 18, 2015 | Docket Event |
Bond Approval Fee Payor: MARINOSCI LAW GROUP PC ; Userid: CTS-dbooten ; Receipt: 20151YE1V000195; ;Amount: $8.50 Judge: 11 Gundersen, Andrea Ruth |
|
December 18, 2015 | Docket Event |
Original in Bond Drawer
Judge: 11 Gundersen, Andrea Ruth |
|
December 18, 2015 | Docket Event |
Notice of Filing NON-RESIDENT COST BOND Judge: 11 Gundersen, Andrea Ruth |
|
December 11, 2015 | Docket Event |
Response to Motion to Dismiss Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
November 25, 2015 | Docket Event |
Motion to Dismiss Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
October 30, 2015 | Docket Event |
Motion for Default Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
October 30, 2015 | Docket Event |
Notice of Dropping Parties- Generic UNKNOWN TENANT #2 IN POSSESSION OF THE PROPERTYParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
October 30, 2015 | Docket Event |
Default AGAINST DFS' UNKNOWN TENANT #1 N/K/A BOBO CHEWParty: Defendant Chew, Wai Ling Judge: 11 Gundersen, Andrea Ruth |
|
October 30, 2015 | Docket Event |
Motion for Default JUDICIALParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
October 30, 2015 | Docket Event |
Non-Military Affidavit
Judge: 11 Gundersen, Andrea Ruth |
|
October 06, 2015 | Docket Event |
Supplemental Response - Request for Production AMENDED RESPONSE TO DEFENDANT'S FIRST REQUEST FOR PRODUCTIONParty: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
October 02, 2015 | Docket Event |
Notice of Interrogatories Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
September 28, 2015 | Docket Event |
Response to Request for Production Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
September 25, 2015 | Docket Event |
Motion for Extension of Time BANK OF AMERICA, N.A Judge: 11 Gundersen, Andrea Ruth |
|
August 31, 2015 | Docket Event |
Motion for Enlargement of Time Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
August 31, 2015 | Docket Event |
Request for Production Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
August 31, 2015 | Docket Event |
Interrogatories FIRST REQUEST FOR ANSWERS TO INTERROGATORIESParty: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
August 14, 2015 | Docket Event |
Summons Returned Served 8/10/2015 - AKA WAI L CHEWParty: Defendant Chew, Wai Ling Judge: 11 Gundersen, Andrea Ruth |
|
August 14, 2015 | Docket Event |
Summons Returned Unserved UNKNOWN TENANT #2 IN POSSESSION OF THE PROPERTY Judge: 11 Gundersen, Andrea Ruth |
|
August 14, 2015 | Docket Event |
Summons Returned Served 08/10/15 - UNKNOWN TENANT #1 IN POSSESSION OF THE PROPERn Judge: 11 Gundersen, Andrea Ruth |
|
August 14, 2015 | Docket Event |
Summons Returned Served 8/10/2015 - AKA HELENA S CHEWParty: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |
|
August 06, 2015 | Docket Event |
Filing Fee Paid Payor: MATTHEW SLOWIK ; Userid: CTS-fg/t ; Receipt: 20151FA1A111168; ;Amount: $906.00 Judge: 11 Gundersen, Andrea Ruth |
|
August 06, 2015 | Docket Event |
Summons Issued Fee Payor: MATTHEW SLOWIK ; Userid: CTS-fg/t ; Receipt: 20151FA1A111168; ;Amount: $10.00 Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
Notice of Lis Pendens Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
Civil Cover Sheet
Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
Complaint (eFiled) Party: Plaintiff Bank of America N.A Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
eSummons Issuance UNKNOWN TENANT #2 IN POSSESSION OF THE PROPERTY Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
eSummons Issuance Party: Defendant Chew, Wai Ling Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
Value Claim Form
Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
eSummons Issuance UNKNOWN TENANT #1 IN POSSESSION OF THE PROPERTY Judge: 11 Gundersen, Andrea Ruth |
|
July 31, 2015 | Docket Event |
eSummons Issuance Party: Defendant Chew , Helena Judge: 11 Gundersen, Andrea Ruth |