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IN THE CIRCUIT OF THE 9th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR ORANGE COUNTY •
Wells Fargo Bank, N.A. as Tmstee for Option
One Mortgage Loan Tmst 2007-4 Asset-Backed
Certificates, Series 2007-4,
Plaintiff, •fi--
CASE NO: 2008-CA-011242^^^^;^ €>
-vs.- sC
Orlando Cabanas Villanueva and Ana M. Crespo
Ortiz, Husband and Wife; Jackson Park
Condominium Association, Inc.; Cavalry
Portfolio Services, LLC as Assignee of Cavalry
SPVI, LLC, as Assignee of Sprint; Unknown
Parties in Possession #1; Unknown Parties in
Possession #2; If living, and all Unknown Parties
claiming by, through, under and against the above
named Defendant(s) who are not known to be
dead or alive, whether said Unknown Parties may
claim an interest as Spouse, Heirs, Devisees,
Grantees, or Other Claimants
Defendant(s).
AFFIDAVIT IN SUPPORT OF MOTION
FOR FINAL SUMMARY JUDGMENT
STATE OF _ California
:SS.
COUNTY OF Orange
BEFORE ME, the undersigned authority, this date appeared
Cindi Ellis Assistant Secretary . vvho has corporate resolution to sign
as an officer for American Home Mortgage Servicing, Inc., successor in interest to
Option One Mortgage Corporation, has knowledge and access to collections and
delinquent records for , the Plaintiff or its servicing agent,
American Home Mortgage Servicing, Inc., successor in interest to Option One Mortgage
Corporation and attomey in fact. Option One Mortgage Corporation herein, being
personally known to me and having taken an oath, deposes and says:
1. That your affiant makes this affidavit on personal knowledge and not upon
information or belief.
2. Your Affiant has knowledge and access of the records maintained by
Plaintiff or its servicing agent with respect to the mortgage loan account which is the
subject of the instant action, (hereafter referred to as the Mortgage).
3. Your affiant is familiar with the business practices of Plaintiff and asserts
that it is the regular business practice of Plaintiff or its servicing agent herein to record
acts, transactions, payments, communications, escrow account activity, disbursements,
events, and analyses with respect to the mortgage. These records are prepared by persons
with knowledge of, or from information transmitted from persons with knowledge of, the
acts, transactions, payments, communications, escrow account activity, disbursements,
events, and analyses. All records are made at or near the time the acts, transactions,
payments, communications, escrow account activity, disbursements, events, and analyses
occur.
4. That the records referred to in paragraph 3 above are maintained by
Plaintiff or its servicing agent in the ordinary course of its regular business activity of
mortgage lending, banking and servicing, and reflect regularly conducted business
practices of mortgage lending, banking and servicing.
5. That the Plaintiff or its servicing agent did prepare and maintain records of
the type referred to in paragraph 3 above with respect to the Mortgage.
6. That Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan
Tmst 2007-4 Asset-Backed Certificates, Series 2007-4 is the holder and owner of that
certain mortgage originally given by Orlando Cabanas Villanueva and Ana M. Crespo
X,
Ortiz, Husband and Wife, to Option One Mortgage Corporation, dated January 19, 2007,
filed for record May 16, 2007, at Official Records Book 09261 Page 1346, Under Clerk's
File No. 2007-0317293, in the Public Records of Orange County, Florida. The Note and
Mortgage attached to the original complaint filed in this matter are correct copies of the
Note and Mortgage which are the subject matter of this action.
7. That the payment due February 1, 2008 and all payments thereafter have
not been paid and the balance which became due on the mortgage note on January 1,
2008 has not been paid to the present and by reason thereof the mortgage and note are in
default.
8. That all conditions precedent to the prosecution of this action have been
performed or have occurred.
9. That the amount presently due upon said Mortgage Note and Mortgage as
of December 5, 2008, is as follows; to wit;
Principal Due on Note and Mortgage $190,367.19
Pre-Acceleration Late Charges: $349.60
Interest due from January 1,2008 through $16117.13
December 5,2008 at 0%
ADVANCES MADE AND PAID BY PLAINTIFF:
Property Inspection: $48.00
Bonower Interview: $65.00
Title: $350.00
BPO: $105.00
Valuation: $4.70
TOTAL ADVANCES: $572.70
TOTAL: $207,406.62
Plus interest of $47.46 per day from December 6, 2008.
10. That by reason of the aforesaid default in the payment of the
installments due under the terms of the Note and Mortgage, Plaintiff has elected to
accelerate the payment of the entire principal sum, together with accrued interest, all of
which has been declared to be due and payable to Plaintiff.
11. That Plaintiff has expended and will expend during the pendency of this
suit certain necessary costs to protect its security, all of which are secured by the lien of
the aforesaid Mortgage.
12. That Plaintiff has employed SHAPIRO & FISHMAN, LLP as its attomeys
to represent their interests in this proceeding and has agreed to pay them a reasonable
attomey's fee for their services. This fee is an additional indebtedness secured by the lien
of the mortgage.
13. That your affiant makes the aforesaid statements in support of the
Plaintiff's Motion for Final/Summary Judgment of Foreclosure.
FURTHER AFFIANT SAYETH NAUGHT.
AFFIANT Cindi Ellis
Swom to and subscribed before me this "^ day of &c^'T~-c ^"El^^^.
2008. The undersigned notary public specifies that affiant's signature is the signature
being notarized and that the affiant personally appeared before the notary public at the
time of notarization. Affiant personally known.
•S^^-C^-SU, (^^^jer^^^^Ji.-^
NAME OF NOTARY: Linda Blondhcim
Notary Public - State of California
1757766
Commission No. LINDA BLONDHElt\/l
Commission # 1757766
08-098038 Notary Public - California |
Riverside County
MV Comm. Expires M 27,2011
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IN THE CIRCUIT OF THE 9th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR ORANGE COUNTY • Wells Fargo Bank, N.A. as Tmstee for Option One Mortgage Loan Tmst 2007-4 Asset-Backed Certificates, Series 2007-4, Plaintiff, •fi-- CASE NO: 2008-CA-011242^^^^;^ €> -vs.- sC Orlando Cabanas Villanueva and Ana M. Crespo Ortiz, Husband and Wife; Jackson Park Condominium Association, Inc.; Cavalry Portfolio Services, LLC as Assignee of Cavalry SPVI, LLC, as Assignee of Sprint; Unknown Parties in Possession #1; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). AFFIDAVIT IN SUPPORT OF MOTION FOR FINAL SUMMARY JUDGMENT STATE OF _ California :SS. COUNTY OF Orange BEFORE ME, the undersigned authority, this date appeared Cindi Ellis Assistant Secretary . vvho has corporate resolution to sign as an officer for American Home Mortgage Servicing, Inc., successor in interest to Option One Mortgage Corporation, has knowledge and access to collections and delinquent records for , the Plaintiff or its servicing agent, American Home Mortgage Servicing, Inc., successor in interest to Option One Mortgage Corporation and attomey in fact. Option One Mortgage Corporation herein, being personally known to me and having taken an oath, deposes and says: 1. That your affiant makes this affidavit on personal knowledge and not upon information or belief. 2. Your Affiant has knowledge and access of the records maintained by Plaintiff or its servicing agent with respect to the mortgage loan account which is the subject of the instant action, (hereafter referred to as the Mortgage). 3. Your affiant is familiar with the business practices of Plaintiff and asserts that it is the regular business practice of Plaintiff or its servicing agent herein to record acts, transactions, payments, communications, escrow account activity, disbursements, events, and analyses with respect to the mortgage. These records are prepared by persons with knowledge of, or from information transmitted from persons with knowledge of, the acts, transactions, payments, communications, escrow account activity, disbursements, events, and analyses. All records are made at or near the time the acts, transactions, payments, communications, escrow account activity, disbursements, events, and analyses occur. 4. That the records referred to in paragraph 3 above are maintained by Plaintiff or its servicing agent in the ordinary course of its regular business activity of mortgage lending, banking and servicing, and reflect regularly conducted business practices of mortgage lending, banking and servicing. 5. That the Plaintiff or its servicing agent did prepare and maintain records of the type referred to in paragraph 3 above with respect to the Mortgage. 6. That Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Tmst 2007-4 Asset-Backed Certificates, Series 2007-4 is the holder and owner of that certain mortgage originally given by Orlando Cabanas Villanueva and Ana M. Crespo X, Ortiz, Husband and Wife, to Option One Mortgage Corporation, dated January 19, 2007, filed for record May 16, 2007, at Official Records Book 09261 Page 1346, Under Clerk's File No. 2007-0317293, in the Public Records of Orange County, Florida. The Note and Mortgage attached to the original complaint filed in this matter are correct copies of the Note and Mortgage which are the subject matter of this action. 7. That the payment due February 1, 2008 and all payments thereafter have not been paid and the balance which became due on the mortgage note on January 1, 2008 has not been paid to the present and by reason thereof the mortgage and note are in default. 8. That all conditions precedent to the prosecution of this action have been performed or have occurred. 9. That the amount presently due upon said Mortgage Note and Mortgage as of December 5, 2008, is as follows; to wit; Principal Due on Note and Mortgage $190,367.19 Pre-Acceleration Late Charges: $349.60 Interest due from January 1,2008 through $16117.13 December 5,2008 at 0% ADVANCES MADE AND PAID BY PLAINTIFF: Property Inspection: $48.00 Bonower Interview: $65.00 Title: $350.00 BPO: $105.00 Valuation: $4.70 TOTAL ADVANCES: $572.70 TOTAL: $207,406.62 Plus interest of $47.46 per day from December 6, 2008. 10. That by reason of the aforesaid default in the payment of the installments due under the terms of the Note and Mortgage, Plaintiff has elected to accelerate the payment of the entire principal sum, together with accrued interest, all of which has been declared to be due and payable to Plaintiff. 11. That Plaintiff has expended and will expend during the pendency of this suit certain necessary costs to protect its security, all of which are secured by the lien of the aforesaid Mortgage. 12. That Plaintiff has employed SHAPIRO & FISHMAN, LLP as its attomeys to represent their interests in this proceeding and has agreed to pay them a reasonable attomey's fee for their services. This fee is an additional indebtedness secured by the lien of the mortgage. 13. That your affiant makes the aforesaid statements in support of the Plaintiff's Motion for Final/Summary Judgment of Foreclosure. FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Cindi Ellis Swom to and subscribed before me this "^ day of &c^'T~-c ^"El^^^. 2008. The undersigned notary public specifies that affiant's signature is the signature being notarized and that the affiant personally appeared before the notary public at the time of notarization. Affiant personally known. •S^^-C^-SU, (^^^jer^^^^Ji.-^ NAME OF NOTARY: Linda Blondhcim Notary Public - State of California 1757766 Commission No. LINDA BLONDHElt\/l Commission # 1757766 08-098038 Notary Public - California | Riverside County MV Comm. Expires M 27,2011