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  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
  • GONZALEZ, WILFREDO vs NEW REZ OTHER REAL PROPERTY $0-$50,000 document preview
						
                                

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Filing # 100406358 E-Filed 12/17/2019 08:29:24 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR MARION COUNTY, FLORIDA WILFREDO GONZALEZ, Plaintiff, vs. Case No.: 2019-CA- NEW REZ c/o PHH MORTGAGE SERVICES, Defendant. COMPLAINT COMES NOW, Plaintiff, WILFREDO GONZALEZ, by and through the undersigned counsel, and sues NEW REZ c/o PHH MORTGAGE SERVICES, and in support thereof alleges as follows: 1. This is a cause of action for damages that exceed $15,000, exclusive of attorneys’ fees and costs. 2. Plaintiff, WILFREDO GONZALEZ, is and was at all times pertinent to this case, a resident of Marion County, Florida, and he is over 18 years of age. 3. Atall times material hereto, Defendant, NEW REZ c/o PHH MORTGAGE CORPORATION, (hereinafter “PHH”), was a foreign profit corporation engaging in business in Florida with a principal place of business at 1 Mortgage Way, Mount Laurel, New Jersey 08054. 4. This is a cause of action relating to real property located at 4401 SW 160th Loop, Ocala, Florida 34473 in Marion County, Florida. 5. Venue is proper in Marion County, Florida because the real property is located in Marion County. Electronically Filed Marion Case # 19CA002727AX 12/17/2019 08:29:24 AM10. Plaintiff is the fee simple owner of the property located at 4401 SW 160th Loop, Ocala, Florida 34473. The property is subject to a mortgage held by Defendant. This is a cause of action pursuant to Fla. Stat. 701.04(1) which states that “within 14 days after receipt of the written request of a mortgagor...the holder of the mortgage shall deliver or cause the servicer of the mortgage to deliver to the person making the request at a place designated in the written request an estoppels letter setting forth the unpaid balance of the loan secured by the mortgage.” On October 9, 2019, Plaintiff sent a request via certified mail to Defendant’s principal place of business address pursuant to Fla. Stat. 701.04 requesting a payoff amount including per diem interest. See attached letter as Exhibit A. A representative of Defendant signed the certified mailing receipt on October 15, 2019. See mailing receipt attached as Exhibit B. . As of the date of filing this lawsuit, no estoppel letter has been sent to Plaintiff. . Subsequently, on November 27, 2019, Plaintiff attempted to send a request via certified mail to Defendant’s address for written requests for information located on the back on Plaintiff's monthly mortgage statement. See mortgage statement attached as Exhibit C. . The certified mailing was returned to Plaintiff as undeliverable and that Defendant had moved and left no address. See certified mailing receipts and tracking information attached as Exhibit D.14. Plaintiff has requested a payoff letter and interest statement multiple times and Defendant has refused and neglected to comply with Plaintiff's request in violation of Fla. Stat. 701.04. 15. Pursuant to Fla. Stat. 701.04(2), “in the case of a civil action arising out of this section, the prevailing party is entitled to attorney fees and costs.” WHEREFORE, Plaintiff requests this Honorable Court to require Defendant to comply with Fla. Stat. 701.04 and provide Plaintiff with a payoff letter that shows per diem interest, enter judgment against Defendant for actual damages, and for attorneys’ fees and costs for any other relief this Court finds just and proper. DESIGNATION OF EMAIL ADDRESS PURSUANT TO RULE 2.516 Stanley W. Plappert, as attorney for the Plaintiff, WILFREDO GONZALEZ, hereby designates the following email addresses for the purpose of service of all documents required to be served pursuant to Rule 2.516, Fla. R. Jud. Admin. (effective September 1, 2012) in this proceeding: Primary E-Mail Address: SWP@thefloridalegaladvocacygroup.com Secondary E-Mail Address: JM@thefloridalegaladvocacygroup.com Signed this 17th day of December 2019. THE FLORIDA LEGAL ADVOCACY GROUP, P.A. 4s/ Stanley W. Plappert Stanley W. Plappert, Esquire The Florida Legal Advocacy Group, P.A. Attorney for Plaintiff 1024 E. Silver Springs Blvd. Ocala, FL 34470 Florida Bar No. 76603 352-732-8030 telephone 888-399-3129 facsimile swp@thefloridalegaladvocacygroup.comEXHIBIT ATHE FLORIDA LEGAL ADVOCACY / GROUP, PAS a Ft, +H Attorneys Stanley W. Plappert Jessica Tehlirian PAYOFF REQUEST AND PAYMENT LOG REQUEST SENT VIA CERTIFIED US MAIL October 9, 2019 New Rez c/o PHH Mortgage Services One Mortgage Way Mt. Laurel, NJ 08054 Re: My Client: Wilfredo Gonzalez Loan # 8010140666 Address: 4401 SW 160" Loop, Ocala, FL 34473 To Whom It May Concern: Please allow this correspondence to notify you that our firm represents Wilfredo Gonzalez. This is a request for a payoff pursuant to Florida Statute 701.04. Please include in your response the per diem interest. Please also include a log showing all previous payments and their allocation to said loan. This is to be delivered within 14 days of the written request. Please govern yourselves accordingly, The Florida Legal Advocacy Group, P.A. Stanley W. Plappert, Esquire Florida Bar # 0076603 1024 E. Silver Springs Blvd. Ocala, FL 34470 352-732-8030Telephone 888.399.3129 (Facsimile) swp@thefloridalegaladvocacygroup.com 1024 E. Silver Springs Bivd., Ocala, FL 34470 352-732-8030 ¢ Facsimile: 888-399-3129 www.TheFloridaLegalAdvocacyGroup.comEXHIBIT BRyan) = Foe) ee Mier eae Pao een Re aah ‘™ Complete items 1, 2, and 3. A. Signature iw Print your name and address on the reverse x He 1 Agent so that we can return the card to you. - - 1 Addressee @ Attach this card to the back of the mailplece, B, Received by (Printed Name) G. Date of Delivery or on the front if space permits. 4-15-19 7. Article Addressed to: D. Is delivery address different from item 1? Yes YES, enter delivery address below: No New Rez c/o PHH Mortgage Services One Mortgage Way Mt: Laurel, NJ 08054 3. Service Type 0 Priority Mail Express® QAUANUIUUAUIIANNVUINAMN fs oe a aa NaI Restricted Delivery a peg istered Mail Restricted a it ivery 9590 9402 5227 9122 9616 00 i Certified Mail Restricted Delivery Return Receipt for FI Collect on peter ted o Sorat ire Confirmation™ Zo hricie Number fansfar from canine Iaht Fi natess 9n Delivery Restricted Delivery 6 SOM Cl Signature Confirmation 0 oooo qa43 a? oe vat Restricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9053 icy eefselescalc: Domestic Return Receipt: a a \Cerlified Mail Fee Is [iRetum Receipt hardcopy) Bladut Signature Required BlAdur signature Restricted Dalvery $ Esra Services & FOSS eek bak, 60d oo as apeopae) s_i—__+— CRotum Receipt (electronic) s_i— [cortied Mal Resticted Dotvey $f i si é Postmark * [Postage 7019 120 O000 9343 L714 New Rez Is_ c/o PHH Mortgage Services One Mortgage Way. . Mt. Laurel, NJ 08054EXHIBIT CFor your information PHH Mortgage Services will perform all servicing activities for your mortgage loan. Pay by phone or web: You can make your payment by phone at 1-877-729-3273 or visit the website shown on the front of this statement to make a Speedpay payment. You may also make one time additional principal payments as long as your account is current. To have your payment or additional Principal post the same business day, your payment must be completed by 8:00 pm ET, Monday through Friday. Please note a fee may apply. How we process your payment When you provide a check as payment, you authorize us either to use the information from your check to make a one-time electronic fund transfer from your account, or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. If you would like to opt out of this program or if you have any questions, please call us at the phone number shown on the front of this statement. Can | pay additional principal at any time? Yes. Additional principal payments can be deducted with your Direct Debit monthly payment from your designated checking or savings account. The payment coupon on your statement also allows you to indic&te an additional principal payment with your monthly payment. °, You can also make a one-time additional principal payment by m check to: iling a Payment Processing P.O. Box 371458 Pittsburgh, PA 15250-7458 . Please make sure to put both your account number and indicate “PrinTBl Only” in the memo section of your check. Your account must be current in order to make an additional principal payment. &s € Receipt and Crediting of Payments Payments received Mongay-Saturgay at thé. addyess of’ thie iidhmeny® coupon provided will: .bé credited) date of receipt if 1) in US dollafs in the form of a check drawn on a SBanky and 2) received in the enyglope © * provided with the paymenf coupon énclosed. All other mailed Payments 9+. .gReturned Payment Fee é are considered to be non-conforming and may not be credited for up'{o 5 business days. Please write your loan number on your check and do not send cash or attach your check to the payment coupon. Payments that ~~. otherwise comply with the 2 criteria stated but are received on legal holidays or on a Sunday may not be credited until the next business day. Information about taxes a If you have an escrow account, we'll arrange with yourstax thor have your regular tax bills sent directly to us. However, some tax authorities may continue to send your regular tax bills to you diréctly. Your tax authority will send other types of tax bills, such as corrected, supplemental or special assessment bills, directly to you. If you have an escrow account and you receive a tax bill, wrile your loan number on the bill and send it as soon as possible to: & 3 ae, If you have an escrow account, the annual premiums for your hazard insurance will be paid from your escrow account. If you do not have an escrow account, you must provide us a copy of your current hazard insurance policy and payment receipt. If you do not provide us this information, we'll obtain hazard insurance at your expense. The coverage we obtain may not be comparable to a policy that you would choose. Contact information for general insurance Mailing address: Phone: 1-888-882-1855 PHH Mortgage Services Fax: 1-987-525-4210 Attention: Insurance Department P.O. Box 5954 Springfield, OH 45501-5954 Contact information for property damage and loss draft checks Mailing address: Phone: 1-888-882-1855 PHH Mortgage Services Attention: Loss Draft Department P.O, Box 7459 Springfield, OH 45501-7459 . For insurance updates, visit www.mycoverageinfo.com and enter PIN CM954. Requests for Information and Notices of Error, including Qualified Written Requests If you wish to request information or assert an error relating to the servicing of your mortgage loan, including any Qualified Written Requests, you must use the address oe and include your name, your mortgage loan account number, property address and a statement of either the information you are requesting or the error you believe has occurred: PHH Mortgage Services Py@. Box 6600; Lawrenceville, NJ. 08648 fees ‘The following is a list of fees We charge for the services indicated. We may charge a fee for this service where permitted by applicable law. Additional fees may apply for services not listed. For additional information regarding fees, you may contact us at the number on the front of your statement. Loan’ Histor i $0 - $10.00 $0 - $50.00 Paying by Phone or Web. $0 - $17.50 Lien Release Varies by State Wire’Fee ‘$0 - $25.00 Certified Mail Fee $0 - $7.30 PayoffiQuote $0 - $30.00 Important Bankruptcy Information If Your original obligation has been discharged, or is subject to an automatic stay of bankrupicy under Title 11 of the United States Code, this notice is for compliance arft¥or informational purposes only and/or is notice of the creditor's intent to enforce alien against the property and does not constitute a demand for payment or an attempt to impose personal liability for such obligation, Information about Mortgage Counseling or Assistance If you would like contact information for counseling agencies or programs in your PHH Morigage Services Attention: Tax Department P.O. Box 24665 West Palm Beach, FL 33416-4665 For information about your escrow account, such as the date taxes were paid, the amount of taxes paid, or the property description used for tax purposes, visit the website shown on the front of this statement. Information about hazard insurance Under the terms of your mortgage, you must maintain a property insurance policy with the appropriate coverage and deductible amounts. The coverage must include homeowner/fire, windstorm and earthquake coverage if required. If your home is located: in a FEMA designated flood Zone, you will also be required to maintain appropriate flood insurance. 04PHMO96507 rev 119 Page 2 area, call ihe U.S. Deparment of Housing and Urban Development (HUD) at 800-569-4287 or visit www.hud.gov/offices/hsg/sfh/hec/hes.cim. Additional educational resources are available at Fannie Mae's Know Your Options website, https://www.knowyouroptions.cony. Additional payment assistance options are also available by contacting PHH Mortgage Services. State Disclosures Califomia Property Owners — An escalation hotline has been established for Califomia consumers with concerns about their mortgage account, The toll-free hotline is available at 877-726-5793. Also, if you would like to request an accounting of your escrow account pursuant to California Civil Code Section 2954, you may contact us to request this information.EXHIBIT D87980 PN ‘Asousme7] 20099 xog ‘o'g Seolmag aBeByow Hug ojo Zay MeN O22 EMER OOOO OTT bTOe Mi ETE ETE A) OLpre 1 “paig sBunds J8aj, | Wa ANOUD AV. TVDOFIT VANOT:12/12/2019 USPS.com® - USPS Tracking® Results USPS Tracking’ FAQs > Track Another Package + Remove X Tracking Number: 70191 120000093432280 Your item has been delivered to the original sender at 10:44 am on December 12, 2019 in OCALA, FL 34470. & Delivered December 12, 2019 at 10:44 am Delivered, To Original Sender OCALA, FL 34470 ypeqpess4 Get Updates \v Text & Email Updates Tracking History December 12, 2019, 10:44 am Delivered, To Original Sender OCALA, FL 34470 Your item has been delivered to the original sender at 10:44 am on December 12, 2019 in OCALA, FL 34470. December 11, 2019, 7:07 pm Arrived at USPS Regional Facility GAINESVILLE FL DISTRIBUTION CENTER https://tools.usps.com/go/TrackConfirmAction?tLabels=70191120000093432280 1312/12/2019 December 11, 2019, 1:14 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER December 11, 2019 In Transit to Next Facility December 9, 2019, 5:39 pm Departed USPS Regional Facility TETERBORO NJ DISTRIBUTION CENTER December 9, 2019, 5:19 am Arrived at USPS Regional Facility TETERBORO NJ DISTRIBUTION CENTER December 6, 2019, 9:57 am Moved, Left no Address TRENTON, NJ 08638 December 6, 2019, 12:49 am Departed USPS Regional Facility TRENTON NJ DISTRIBUTION CENTER December 5, 2019, 5:55 pm Arrived at USPS Regional Facility TRENTON Nu DISTRIBUTION CENTER November 27, 2019, 11:01 pm Departed USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER November 27, 2019, 10:29 pm Arrived at USPS Regional Facility JACKSONVILLE FL DISTRIBUTION CENTER USPS.com® - USPS Tracking® Results ypeqpaad Product Information https://tools.usps.com/go/TrackConfirmAction?tLabels=70191120000093432280 213