Preview
Case Number: CACE-19-022648 Division: 11
Filing # 98213225 E-Filed 10/31/2019 06:05:18 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT IN AND
FOR BROWARD COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO.
PHH MORTGAGE CORPORATION,
Plaintiff,
vs.
NADIA TAYLOR-WELLINGTON
A/K/A NADIA TAYLOR
WELLINGTON A/K/A NADIA
WELLINGTON, et. al.,
Defendant(s).
/
NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION
Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously
with the Complaint in this case the attached Certification of Possession pursuant to
Fla.Stat.§702.015(4).
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: Cif
[ ] Melissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com
[ ] Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com
[ ] Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com
[A Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com
[ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com
[ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com
UIA TAA UIUC AE AT
19-379467
#** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/31/2019 06:05:16 PM.**#*
a
Ceri'iFICATION OF POSSESSION PURSUANT TO FLA. STAT. 702.015(4)
STATE OF FLORIDA)
COUNTY OF PALM BEACH)
BEFORE me, personally appeared Darin Gurewitz who, being of lawful age and after
being first duly sworn, deposes and says:
Jam a Senior Servicing Operations Specialist for PHH Mortgage Corporation (“PMC”),
servicer for Plaintiff in this Action. In this capacity I have personal knowledge of the
facts and matters stated herein, and I am authorized to execute this Certification on
behalf of PMC. The information contained in this Certification is based on my personal
knowledge
According to the Records, the promissory note at issue, dated March 30, 2009
was executed by Nadia Taylor-Wellington and Nicole Wellington. A true and correct copy
of the Note is attached to this Certification as Exhibit “A.”
On October 25, 2019 at 3:46 PM, I obtained the original Note document at 5720 Premier
Park Drive, West Palm Beach, FL 33407 and personally verified that PHH Mortgage
Corporation (“PMC”), is in possession of the Note on behalf of Plaintiff.
Prepared Date: October 25, 2019
Signature: Ya \/\_
Date: OCT 25 2019
Print Name: Darin Gurewitz
Title: Senior Servicing Operations Specialist
The foregoing instrument was acknowledged and sworn before me on QCT 25 2019 , by Darin
Gurewitz as a Senior Servicing Operations Specialist for PHH Mortgage Corporation, who is
personally known to me (or who has produced the following identification: n/a).
Notary Pul State of Florida >)
Notary Public Stateof Florida
‘Axa Vino
‘My Commission GG 031130
Expires 09/18/20
buen
a NOTE Loan Number: a
FHA Case No.
MARCH 30, 2009 BOCA RATON FLORIDA
(Date [Ci] [State]
676 NW 69TH TERRACE, MARGATE, FLORIDA 33063
{Property Address}
1 PARTIES
“Borrower” means each person signing at the end of this Note, and the person's successors and assigns
"Lender" means WCS LENDING, LLC, A FLORIDA LIMITED LIABILITY COMPANY
and its successors and assigns.
2 BORROWER'S PROMISE TO Y; INTEREST
In retum for a loan received from Les x, Borrower promises to pay the principal sum of ONE
HUNDRED FIFTY-EIGHT THOUSAND EIGHTY-THREE AND 00/100
Dollars (U.S.$ 158,083.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid
principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND
000/1000 percent ( 6.000 %)
per year until the full amount of principal has been paid.
3 PROMISE TO PAY SECURED
Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated
the same date as this Note and called the "Security Instrument. The Security Instrument protects the Lender from
losses which might result if Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the 1St day of each month beginning
on MAY 1 2009 Any principal and interest remaining on the ist day of
APRIL, 2039 will be due on that date, which is called the "Maturity Date.
) Place
Payment shall be made at 6501 CONGRESS AVENUE, 3RD FLOOR, BOCA RATON
LORIDA 33487
or at such other place
as Lender may designate in writing by notice to Borrower.
(C) Amount
Each monthly payment of principal and interest will be in the amount of U.S. $ 947.79
‘This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to
principal, interest and other items in the order described in the Security Instrument.
FLFHA.NTE 05/01/08
aseTE
Page 1 of 3
Ww
Dociiagic Barre 800-649-1362
www.docmagic.com
Fifta.tie.and
ae
& -
(D) Allonge to this Note for Payment Adjustments
« Ifan allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants
of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge
were a part of this Note.
(Check applicable box.)
(2) Growing Equity Allonge
() Graduated Payment Allonge
(2) Other {specify]
5 BORROWER'S RIGHT TO PREPAY
Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty,
on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest
on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations
of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount
of the monthly payment unless Lender agrees in writing to those changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdue Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in
Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late
charge in the amount of FOUR AND 000/1000 percent ( 4.000 %)
of the overdue amount of each payment
(B) Default
If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by
regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance
remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in
the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's
rights to require immediate payment in full in the case of payment defaults. ‘This Note does not authorize acceleration
when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and
Urban Development or his or her designee.
(C) Payment of Costs and Expenses
If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs
and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited
by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the
principal of this Note.
7 WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of presentment and notice
of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of
dishonor” means the right to require Lender to give notice to other persons that amounts due have not been paid
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note
will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a
different address if Borrower has given Lender a notice of Borrower's different address.
Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address
stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address.
Sm x D RATE NOTE
8 >
FLORIDA Dociviagic Berens 800-649-1362
FLEHANTE 08/01/08 Page 2 of 3 www.docmagic.com
Filta. nel
— __
oe
be 3
9 OBLIGATIONS OF PERSONS UNDER THIS NOTE
if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises
made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or
endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including
the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in
signatories
this Note. Lender may enforce its rights under this Note against each person individually or against thisall Note.
together. Any one person signing this Note may be required to pay all of the amounts owed under
‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through
3 of this Note.
ho, welling pe
Nie. Tey lo etl Tow)
JNamece
fo xy atfornag. * Fed
(atc Maple J sea NICOLE WELLINGTON
(Seal)
Borrower
NADIA’ TAYLOR -WELLANGTON -Borrower
PAY TO THE ORDER OF
(Seal) (Seal)
GHATS RSE, DET
-Borrower -Borrower
WHCU OUR
ms,
i\f{ uniZe
fn Bel
(Seal) ASHST i TARY
(Seal)
-Borrower Borrower
2 BAN: i‘
Pay tothe order of
PAY TO THE ORDER OF
Without Reco!
en iy
WAAN Ocwen Loan Servicing, LLG
br bolergo)
WITHOUT COURSE
‘Authorized Signer
j —
o
SEE ATTACHED ALLONGE - OFFICER
LO tiva
¢ wag CORPORATION
[Sign Original Only]
FLORIDA - FHA FIXED RATE NOTE Dociviagic ERarmme 200-649-1362
FLFHA.NTE 05/01/08 Page 3 of 3 www.docmagic.com
Fida.nte.xnt
as
ALLONGE
Loan Number:
Loan Date: MARCH 30, 2009
Borrower(s): NADIA TAYLOR-WELLINGTON, NICOLE WELLINGTON
Property Address: 676 NW 69™ TERRACE
MARGATE, FLORIDA 33063
Principal Balance: $158, 083.00
PAY TO THE ORDER OF
GMAC Bank
Without Recourse
Company Name: WCS LENDING, A FLORIDA LIMITED LIABILITY COMPANY
By: Yr thsna. bibs
MELISSA POITIER CLOSING MANAGER
Preview
Case Number: CACE-19-022648 Division: 11 Filing # 98213225 E-Filed 10/31/2019 06:05:18 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. PHH MORTGAGE CORPORATION, Plaintiff, vs. NADIA TAYLOR-WELLINGTON A/K/A NADIA TAYLOR WELLINGTON A/K/A NADIA WELLINGTON, et. al., Defendant(s). / NOTICE OF SUBMITTING FLA.STAT.§ 702.015(4) CERTIFICATION Plaintiff, by and through its undersigned counsel, hereby submits contemporaneously with the Complaint in this case the attached Certification of Possession pursuant to Fla.Stat.§702.015(4). ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: Cif [ ] Melissa Konick, Esq., FL Bar No. 17569, Email Address: mkonick@rasflaw.com [ ] Wendy Manswell, Esq., FL Bar No. 12027, Email Address: wmanswell@rasflaw.com [ ] Rosemarie Wildman, Esq., FL Bar No. 645869, Email Address: rwildman@rasflaw.com [A Gweneth Brimm, Esq., FL Bar No. 727601, Email Address: gbrimm@rasflaw.com [ ] Alecia Daniel, Esq., FL Bar No. 36955, Email Address: adaniel@rasflaw.com [ ] Abraham Vais, Esq., FL Bar No. 119809, Email Address: avais@rasflaw.com UIA TAA UIUC AE AT 19-379467 #** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 10/31/2019 06:05:16 PM.**#* a Ceri'iFICATION OF POSSESSION PURSUANT TO FLA. STAT. 702.015(4) STATE OF FLORIDA) COUNTY OF PALM BEACH) BEFORE me, personally appeared Darin Gurewitz who, being of lawful age and after being first duly sworn, deposes and says: Jam a Senior Servicing Operations Specialist for PHH Mortgage Corporation (“PMC”), servicer for Plaintiff in this Action. In this capacity I have personal knowledge of the facts and matters stated herein, and I am authorized to execute this Certification on behalf of PMC. The information contained in this Certification is based on my personal knowledge According to the Records, the promissory note at issue, dated March 30, 2009 was executed by Nadia Taylor-Wellington and Nicole Wellington. A true and correct copy of the Note is attached to this Certification as Exhibit “A.” On October 25, 2019 at 3:46 PM, I obtained the original Note document at 5720 Premier Park Drive, West Palm Beach, FL 33407 and personally verified that PHH Mortgage Corporation (“PMC”), is in possession of the Note on behalf of Plaintiff. Prepared Date: October 25, 2019 Signature: Ya \/\_ Date: OCT 25 2019 Print Name: Darin Gurewitz Title: Senior Servicing Operations Specialist The foregoing instrument was acknowledged and sworn before me on QCT 25 2019 , by Darin Gurewitz as a Senior Servicing Operations Specialist for PHH Mortgage Corporation, who is personally known to me (or who has produced the following identification: n/a). Notary Pul State of Florida >) Notary Public Stateof Florida ‘Axa Vino ‘My Commission GG 031130 Expires 09/18/20 buen a NOTE Loan Number: a FHA Case No. MARCH 30, 2009 BOCA RATON FLORIDA (Date [Ci] [State] 676 NW 69TH TERRACE, MARGATE, FLORIDA 33063 {Property Address} 1 PARTIES “Borrower” means each person signing at the end of this Note, and the person's successors and assigns "Lender" means WCS LENDING, LLC, A FLORIDA LIMITED LIABILITY COMPANY and its successors and assigns. 2 BORROWER'S PROMISE TO Y; INTEREST In retum for a loan received from Les x, Borrower promises to pay the principal sum of ONE HUNDRED FIFTY-EIGHT THOUSAND EIGHTY-THREE AND 00/100 Dollars (U.S.$ 158,083.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SIX AND 000/1000 percent ( 6.000 %) per year until the full amount of principal has been paid. 3 PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument. The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the 1St day of each month beginning on MAY 1 2009 Any principal and interest remaining on the ist day of APRIL, 2039 will be due on that date, which is called the "Maturity Date. ) Place Payment shall be made at 6501 CONGRESS AVENUE, 3RD FLOOR, BOCA RATON LORIDA 33487 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 947.79 ‘This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. FLFHA.NTE 05/01/08 aseTE Page 1 of 3 Ww Dociiagic Barre 800-649-1362 www.docmagic.com Fifta.tie.and ae & - (D) Allonge to this Note for Payment Adjustments « Ifan allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. (Check applicable box.) (2) Growing Equity Allonge () Graduated Payment Allonge (2) Other {specify] 5 BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 %) of the overdue amount of each payment (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances, regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. ‘This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys’ fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7 WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due have not been paid 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. Sm x D RATE NOTE 8 > FLORIDA Dociviagic Berens 800-649-1362 FLEHANTE 08/01/08 Page 2 of 3 www.docmagic.com Filta. nel — __ oe be 3 9 OBLIGATIONS OF PERSONS UNDER THIS NOTE if more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in signatories this Note. Lender may enforce its rights under this Note against each person individually or against thisall Note. together. Any one person signing this Note may be required to pay all of the amounts owed under ‘The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 through 3 of this Note. ho, welling pe Nie. Tey lo etl Tow) JNamece fo xy atfornag. * Fed (atc Maple J sea NICOLE WELLINGTON (Seal) Borrower NADIA’ TAYLOR -WELLANGTON -Borrower PAY TO THE ORDER OF (Seal) (Seal) GHATS RSE, DET -Borrower -Borrower WHCU OUR ms, i\f{ uniZe fn Bel (Seal) ASHST i TARY (Seal) -Borrower Borrower 2 BAN: i‘ Pay tothe order of PAY TO THE ORDER OF Without Reco! en iy WAAN Ocwen Loan Servicing, LLG br bolergo) WITHOUT COURSE ‘Authorized Signer j — o SEE ATTACHED ALLONGE - OFFICER LO tiva ¢ wag CORPORATION [Sign Original Only] FLORIDA - FHA FIXED RATE NOTE Dociviagic ERarmme 200-649-1362 FLFHA.NTE 05/01/08 Page 3 of 3 www.docmagic.com Fida.nte.xnt as ALLONGE Loan Number: Loan Date: MARCH 30, 2009 Borrower(s): NADIA TAYLOR-WELLINGTON, NICOLE WELLINGTON Property Address: 676 NW 69™ TERRACE MARGATE, FLORIDA 33063 Principal Balance: $158, 083.00 PAY TO THE ORDER OF GMAC Bank Without Recourse Company Name: WCS LENDING, A FLORIDA LIMITED LIABILITY COMPANY By: Yr thsna. bibs MELISSA POITIER CLOSING MANAGER