Complaint,Petition: BAYVIEW LOAN SERVICING LLC vs RODRIGUEZ, MADELINE J et al

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                                19-03011

BAYVIEW LOAN SERVICING, LLC,
Plaintiff,
vs.

UNKNOWN HEIRS, BENEFICIARIES,
DEVISEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHERS
WHO MAY CLAIM AN INTEREST IN THE
ESTATE OF BARBARA CASTRO A/K/A
BARBARA A. CASTRO A/K/A BARBARA ANN
CASTRO; MADELINE J. RODRIGUEZ, AS
PERSONAL REPRESENTATIVE IN THE
ESTATE OF BARBARA CASTRO A/K/A
BARBARA A. CASTRO A/K/A BARBARA ANN
CASTRO; UNKNOWN TENANT IN
POSSESSION OF THE SUBJECT PROPERTY,
Defendants.

Filing # 97065147 E-Filed 10/10/2019 03:43:51 PM

IN THE CIRCUIT COURT OF THE
STH JUDICIAL CIRCUIT, IN AND FOR
MARION COUNTY, FLORIDA

CIVIL DIVISION:

CASE NO.:

VERIFIED COMPLAINT

The Plaintiff, BAYVIEW LOAN SERVICING, LLC, sues the Defendants named in the caption hereof

and alleges:

COUNT I

1. This is an action to foreclose a mortgage on real property in MARION County, Florida.

2. On or about October 7, 2009, BARBARA CASTRO A/K/A BARBARA A. CASTRO A/K/A
BARBARA ANN CASTRO executed and delivered a promissory note and Mortgage securing payment of
the same to JPMORGAN CHASE BANK, N.A., which mortgage was recorded in the Official Records
Book 5270, Page 844, of the Public Records of MARION County, Florida and which mortgaged the

property described therein, then owned by and in possession of said mortgagor. A copy of the note,

mortgage, loan modification(s), and assignment of mortgage are attached hereto and made a part hereof.

Hereinafter, the note, loan modification(s) and mortgage are referred to collectively as, the “loan

documents.”

3. Plaintiffs counsel is in physical possession of the note endorsed in blank which is the subject of this action
and therefore, the Plaintiff is the holder of that note,

4. Defendant(s), UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, ASSIGNEES, LIENORS,
CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY CLAIM AN INTEREST IN THE

BAY VIEW LOAN SERVICING, LLC

ys. UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF BARBARA CASTRO.
A/K/A BARBARA A. CASTRO A/K/A BARBARA ANN CASTRO

Electronically Filed Marion Case # 19CA002257AX 10/10/2019 03:43:51 PM19-0301)

10.

ESTATE OF BARBARA CASTRO A/K/A BARBARA A. CASTRO A/K/A BARBARA ANN
CASTRO, own(s) the property.

There has been a default under the loan documents held by Plaintiff in that the payment due March 1, 2019
and all subsequent payments have not been made. Plaintiff declares the full amount due under the loan
documents to be now due, except to the extent any part of that amount is or would be subject to a statute of
limitations defense.

All conditions precedent to the filing of this action have occurred, been satisfied, or been waived.

There is now due and owing to the Plaintiff the following amounts: unpaid principal balance of
$94,527.38 , plus interest, escrow, title search expenses for ascertaining necessary parties to this suit, title
search, title exam, filing fee, and attorney’s fees and costs.

As a result of the Defendant(s) default of the terms of the Note and Mortgage, the Plaintiff has been
required to retain the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for their
services.

Defendant, as UNKNOWN TENANT in possession of the subject property, may claim some interest in or
lien upon the subject property arising from being in actual possession of same, but interest, if any, is subject
and inferior to the lien of Plaintiff's mortgage.

The Defendant, MADELINE J. RODRIGUEZ, AS PERSONAL REPRESENTATIVE IN THE
ESTATE OF BARBARA CASTRO A/K/A BARBARA A. CASTRO A/K/A BARBARA ANN
CASTRO may claim some interest in or lien upon the subject property by virtue of LETTERS OF
ADMINISTRATION, which is recorded at Official Records Book 6950, Page 1216 of the Public Records
of MARION County. Said interest, if any, is subject and inferior to the lien of Plaintiff's mortgage.

WHEREFORE, Plaintiff prays as follows:

(a) That this Court will take jurisdiction of this cause, the subject matter and the parties hereto,
(b) That this Court, subject to any applicable statute of limitations, ascertain and determine the sums
of money due and payable to the Plaintiff from the Defendant(s), including without limitation

principal, interest, advances, attomey fees, and costs pursuant to the loan documents.

(©

That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the
lands described in Plaintiff's mortgage.
(d

That such lien be foreclosed in accordance with the rules and established practice of this Court,
and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.

(©) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest
of the Defendants herein or any person or parties claiming by, through or under them since the

institution of this suit.

BAYVIEW LOAN SERVICING, LLC vs. | UNKNOWN HEIRS, BENEFICIARIES, DEVISEES, ASSIGNEES,
LIENORS, CREDITORS, TRUSTEES AND ALL OTHERS WHO MAY
CLAIM AN INTEREST IN THE ESTATE OF BARBARA CASTRO.
AIK/A BARBARA A. CASTRO A/K/A BARBARA ANN CASTRO(f) That all right, title or interest of the Defendants or any person claiming by, through or under them
be forever barred and foreclosed.

VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct
to the best of my knowledge and belief.

Vai