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Filing # 100496438 E-Filed 12/18/2019 11:20:28 AM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
CIVIL ACTION
PATCH OF LAND, LLC 4,
Plaintiff,
vs. CASE NO.: CACE-19-021053
DIVISION:
GRECO PROPERTIES, LLC, A NORTH
CAROLINA LIMITED LIABILITY COMPANY, et
al.,
Defendant(s).
/
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS
COMES NOW, Plaintiff, Patch of Land, LLC #201500001, by and through its’ undersigned
counsel, and hereby files this Motion for Summary Judgment Including a Hearing to Tax Attorneys! Fees
and Costs and says:
1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the
Plaintiffs Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is
based are set forth below.
2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Broward County,
Florida, the legal description of which is set forth in the Complaint.
3. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed,
is in default and is superior to any right, title, interest or claim of all Defendants and all persons or
entities claiming, by through or under them.
4. Attorney for Plaintiff will offer either of the following to the Court prior to or upon the hearing of
this Motion: 1) the Original Note with an allonge endorsed in blank from the originator, or 2) a
Lost Note Affidavit.
5. There is no genuine issue of material fact in this cause and the Plaintiff is entitled to judgment as a
matter of law for all of the relief sought in its Complaint to Foreclose Mortgage.
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/18/2019 11:20:27 AM.****6. The mortgagor has defaulted under the note and mortgage being foreclosed and the default has not
been cured, as more particularly set forth in Plaintiff's Affidavit of Indebtedness and Complaint
filed in this cause.
7. All conditions precedent, if any, to the acceleration of the note and mortgage have been met.
8. In further support of its Motion for Summary Judgment, the Plaintiff relies upon the following legal
precedent:
a. that the record interests of the owner of the subject property and all those claiming under the
owner are inferior and subordinate to the interest of the Plaintiff. Jordan v. Sayre, 24 Fla.
1, 3 So. 329 (1888), affirmed 10 So. 823; see also Sarmiento v. Stockton, Whatley, Davin
& Company, 399 So. 2d. 1057 (3d. DCA 1981) (a plaintiff's mortgage is a lien superior in
dignity to any prior or subsequent right, title, claim, lien, or interest arising out of the
mortgagor or the mortgagor's predecessor(s) in interest);
b. that the entire indebtedness secured by the mortgage held by the Plaintiff is due and
collectible as a matter of law. Van Huss v. Prudential Insurance Co. of America, 123 Fla.
20, 165 So. 896 (1936). Further, the institution of a foreclosure suit is the exercise of the
mortgagee's option to declare the remaining principal sum and interest due therein. Kreiss
Potassium Phosphate Co. v. Night, 98 Fla. 1004, 124 So. 751 (1929);
c, that upon breach of the mortgagor's covenant to make the required payments for a mortgage
containing an acceleration clause a mortgagee may file suit to foreclose the mortgage
before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135 So. 510 (1931);
see also Federal Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. 1“. DCA
1975) (an acceleration clause in an installment note and mortgage confers a contract right
on the note and mortgage holder which holder may elect to invoke upon default and to seek
enforcement thereof);
d. that under the provisions of the mortgage instruments securing the promissory note, the
Plaintiff is entitled to collect, as a matter of law, costs and reasonable attorneys' fees
incident to the collection of the indebtedness as well as any sums advanced by the Plaintiff
to protect or prevent the impairment of its security interest. American Securities Co. v.
Goldsberry, 69 Fla. 104, 67 So. 862 (1915), 1 A.L.R. 15; Raskin v. Otten, 273 So. 2d 433
(Fla. 3d DCA 1973);
e. that the Defendant(s) have failed to raise any issue of fact or law that would prevent the entry
of a Summary Final Judgment in favor of the Plaintiff in this cause.
9. As additional support for the instant motion the Plaintiff relies upon and incorporates by reference
the Plaintiffs Affidavit Supporting Plaintiff's Motion for Summary Final Judgment, Affidavit of
Plaintiff s Counsel as to Attorney’s Fees and Costs, Affidavit as to Reasonable Attorney’s Fees,
and Plaintiff's Affidavit of Business Records.
210. This pleading, together with the Affidavits referenced herein and all other pleadings filed with the
court, show that there are no genuine issues as to any material facts.
11. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a matter of
Jaw upon its Complaint.
WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all
Defendants for the relief set forth in its Complaint.
/s/__Damian G. Waldman
4
Oo
o
Oo
Damian G. Waldman, Esq.
Florida Bar No. 0090502
Nicholas M. Porras, Esq.
Florida Bar No. 74822
Farha Ahmed, Esq.
Florida Bar No. 113222
Corey W. Szalai, Esq.
Florida Bar No. 1018220
Law Offices of Damian G. Waldman, P.A.
PO Box 5162
Largo, FL 33779
Telephone: (727) 538-4160
Facsimile: (727) 240-4972
Email 1: damian@dwaldmanlaw.com
Email 2: nick@dwaldmanlaw.com
Email 3: farha@dwaldmanlaw.com
Email 4: corey@dwaldmanlaw.com
E-Service: service@dwaldmanlaw.com
Attomeys for PlaintiffCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has
been furnished by U.S. Mail to all parties listed on the attached service list on December 18, 2019.
4s/___ Damian G. Waldman.
Damian G. Waldman, Esq.
Attorneys for Plaintiff
SERVICE LIST
Patch of Land, LLC #201500001 Gregory Coe
c/o Damian G. Waldman, Esq. 311 E. Rowan St.,
PO Box 5162 Raleigh, NC 27609
Largo, FL 33779
damian@dwaldmanlaw.com
service@dwaldmanlaw.com
Attorneys for Plaintiff
Greco Properties, LLC, a North Carolina Limited
Liability Company
c/o Gregory Coe, Registered Agent
311 E. Rowan St., Raleigh, NC 27609
Unknown Tenant #1
609 Poinciana Drive,
Ft. Lauderdale, FL 33301
Unknown Tenant #2
609 Poinciana Drive,
Ft. Lauderdale, FL 33301
Idewyld Improvement Association, Inc.
c/o Mary C. Fertig, Registered Agent
200 SE 13th Street
Ft. Lauderdale, FL 33316
Paletz Roofing & Inspections, Inc.
10428 W. State Road 64 #7,
Davie, FL 33324
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Filing # 100496438 E-Filed 12/18/2019 11:20:28 AM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL ACTION PATCH OF LAND, LLC 4, Plaintiff, vs. CASE NO.: CACE-19-021053 DIVISION: GRECO PROPERTIES, LLC, A NORTH CAROLINA LIMITED LIABILITY COMPANY, et al., Defendant(s). / PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT INCLUDING A HEARING TO TAX ATTORNEYS' FEES AND COSTS COMES NOW, Plaintiff, Patch of Land, LLC #201500001, by and through its’ undersigned counsel, and hereby files this Motion for Summary Judgment Including a Hearing to Tax Attorneys! Fees and Costs and says: 1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiffs Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is based are set forth below. 2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Broward County, Florida, the legal description of which is set forth in the Complaint. 3. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by through or under them. 4. Attorney for Plaintiff will offer either of the following to the Court prior to or upon the hearing of this Motion: 1) the Original Note with an allonge endorsed in blank from the originator, or 2) a Lost Note Affidavit. 5. There is no genuine issue of material fact in this cause and the Plaintiff is entitled to judgment as a matter of law for all of the relief sought in its Complaint to Foreclose Mortgage. *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/18/2019 11:20:27 AM.****6. The mortgagor has defaulted under the note and mortgage being foreclosed and the default has not been cured, as more particularly set forth in Plaintiff's Affidavit of Indebtedness and Complaint filed in this cause. 7. All conditions precedent, if any, to the acceleration of the note and mortgage have been met. 8. In further support of its Motion for Summary Judgment, the Plaintiff relies upon the following legal precedent: a. that the record interests of the owner of the subject property and all those claiming under the owner are inferior and subordinate to the interest of the Plaintiff. Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888), affirmed 10 So. 823; see also Sarmiento v. Stockton, Whatley, Davin & Company, 399 So. 2d. 1057 (3d. DCA 1981) (a plaintiff's mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien, or interest arising out of the mortgagor or the mortgagor's predecessor(s) in interest); b. that the entire indebtedness secured by the mortgage held by the Plaintiff is due and collectible as a matter of law. Van Huss v. Prudential Insurance Co. of America, 123 Fla. 20, 165 So. 896 (1936). Further, the institution of a foreclosure suit is the exercise of the mortgagee's option to declare the remaining principal sum and interest due therein. Kreiss Potassium Phosphate Co. v. Night, 98 Fla. 1004, 124 So. 751 (1929); c, that upon breach of the mortgagor's covenant to make the required payments for a mortgage containing an acceleration clause a mortgagee may file suit to foreclose the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135 So. 510 (1931); see also Federal Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. 1“. DCA 1975) (an acceleration clause in an installment note and mortgage confers a contract right on the note and mortgage holder which holder may elect to invoke upon default and to seek enforcement thereof); d. that under the provisions of the mortgage instruments securing the promissory note, the Plaintiff is entitled to collect, as a matter of law, costs and reasonable attorneys' fees incident to the collection of the indebtedness as well as any sums advanced by the Plaintiff to protect or prevent the impairment of its security interest. American Securities Co. v. Goldsberry, 69 Fla. 104, 67 So. 862 (1915), 1 A.L.R. 15; Raskin v. Otten, 273 So. 2d 433 (Fla. 3d DCA 1973); e. that the Defendant(s) have failed to raise any issue of fact or law that would prevent the entry of a Summary Final Judgment in favor of the Plaintiff in this cause. 9. As additional support for the instant motion the Plaintiff relies upon and incorporates by reference the Plaintiffs Affidavit Supporting Plaintiff's Motion for Summary Final Judgment, Affidavit of Plaintiff s Counsel as to Attorney’s Fees and Costs, Affidavit as to Reasonable Attorney’s Fees, and Plaintiff's Affidavit of Business Records. 210. This pleading, together with the Affidavits referenced herein and all other pleadings filed with the court, show that there are no genuine issues as to any material facts. 11. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a matter of Jaw upon its Complaint. WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all Defendants for the relief set forth in its Complaint. /s/__Damian G. Waldman 4 Oo o Oo Damian G. Waldman, Esq. Florida Bar No. 0090502 Nicholas M. Porras, Esq. Florida Bar No. 74822 Farha Ahmed, Esq. Florida Bar No. 113222 Corey W. Szalai, Esq. Florida Bar No. 1018220 Law Offices of Damian G. Waldman, P.A. PO Box 5162 Largo, FL 33779 Telephone: (727) 538-4160 Facsimile: (727) 240-4972 Email 1: damian@dwaldmanlaw.com Email 2: nick@dwaldmanlaw.com Email 3: farha@dwaldmanlaw.com Email 4: corey@dwaldmanlaw.com E-Service: service@dwaldmanlaw.com Attomeys for PlaintiffCERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has been furnished by U.S. Mail to all parties listed on the attached service list on December 18, 2019. 4s/___ Damian G. Waldman. Damian G. Waldman, Esq. Attorneys for Plaintiff SERVICE LIST Patch of Land, LLC #201500001 Gregory Coe c/o Damian G. Waldman, Esq. 311 E. Rowan St., PO Box 5162 Raleigh, NC 27609 Largo, FL 33779 damian@dwaldmanlaw.com service@dwaldmanlaw.com Attorneys for Plaintiff Greco Properties, LLC, a North Carolina Limited Liability Company c/o Gregory Coe, Registered Agent 311 E. Rowan St., Raleigh, NC 27609 Unknown Tenant #1 609 Poinciana Drive, Ft. Lauderdale, FL 33301 Unknown Tenant #2 609 Poinciana Drive, Ft. Lauderdale, FL 33301 Idewyld Improvement Association, Inc. c/o Mary C. Fertig, Registered Agent 200 SE 13th Street Ft. Lauderdale, FL 33316 Paletz Roofing & Inspections, Inc. 10428 W. State Road 64 #7, Davie, FL 33324