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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
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‘™ 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
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PS Form 3811, July 2015 PSN 7530-02-000-9053
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Domestic Return Receipt:
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Bladut Signature Required
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[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]
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Your item has been delivered to the original sender at 10:44 am on December 12, 2019 in OCALA,
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