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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL
CIRCUIT IN AND FOR ORANGE COUNTY,
FLORIDA
DEUTSCHE BANK NATIONAL TRUST COMPANY, GENERAL JURISDICTION DIVISION
AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE
LOAN TRUST 2006-FF9 MORTGAGE Case No.
PASS-THROUGH CERTIFICATES, SERIES
2006-FF9, Florida Bar No. 146870
Plaintiff,
vs.
COMPLAINT FOR FORECLOSURE
ALFREDO C. RIGALT; JENNIFER RIGALT; OF MORTGAGE AND FOR DAMAGES
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC. , acting solely as nominee for FIRST
FRANKLIN A DIVISION OF NATIONAL CITY
BANK OF IN; LEASECOMM CORPORATION, A
MASSACHUSETTS CORPORATION; BEACON
PARK PHASE 1 HOMEOWNERS ASSOCIATION,
INC.; JOHN DOE and JANE DOE,
Defendants.
/
Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE
LOAN TRUST 2006-FF9 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9, sues ALFREDO C.
RIGALT; JENNIFER RIGALT; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as
nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK OF IN; LEASECOMM CORPORATION,
A MASSACHUSETTS CORPORATION; BEACON PARK PHASE 1 HOMEOWNERS ASSOCIATION, INC.; JOHN
DOE and JANE DOE, and alleges:
co 1 - ACTION ON PROMISSORY NOTE
1. This is an action for damages in excess of $15,000.
2. On March 27, 2006, ALFREDO C. RIGALT, executed and delivered a promissory note (the "Note")
to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN. A true and correct copy of the Note is attached
hereto as Exhibit A.
3. Plaintiff owns and holds the Note.
4, Defendant, ALFREDO C. RIGALT, failed to pay the payment due on the Note on February 1, 2008,
and Plaintiff elected to accelerate payment of the balance.
5. Defendant, ALFREDO C. RIGALT, owe Plaintiff $225,850.00, together with interest from January
1, 2008, on the Note.
Adorno & Yoss LLP
2525 PONCE DE LEON BLVD. + SUITE 400 + MIAMI, FLORIDA 33134-6012 » TELEPHONE 305-460-1000 + TELEFAX 305-460-14226. All conditions precedent to the institution of this action have been performed, waived or excused.
7. Plaintiff is obligated to pay its attorneys a reasonable fee for their services.
WHEREFORE, Plaintiff demands judgment against Defendant, ALFREDO C. RIGALT, both jointly and
severally for damages, interest, costs, attorneys’ fees, and such further relief as the Court deems proper.
COUNT II - ACTION TO FORECLOSE MORTGAGE
Plaintiff realleges Paragraphs 2 and 3.
8. This is an action to foreclose a mortgage on real property in Orange County, Florida.
9. On March 27, 2006, ALFREDO C. RIGALT and JENNIFER RIGALT, a married couple, executed
and delivered a mortgage, (the "Mortgage"), securing payment of the Note to MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.., acting solely as nominee for FIRST FRANKLIN A DIVISION OF NAT. CITY
BANK OF IN. The Mortgage was recorded on July 24, 2006, in Official Records Book 08767 at Page 1274 of the Public
Records of Orange County, Florida, and mortgaged the property described therein which was then owned by and in the
possession of the mortgagor. A copy of the Mortgage is attached hereto as Exhibit B.
10. Said Mortgage was assigned to Plaintiff by virtue of the assignment attached hereto as Exhibit C.
ll. Plaintiff owns and holds the Mortgage.
12. The property is now owned and possessed by Defendant, ALFREDO C. RIGALT.
13. Defendant, ALFREDO C. RIGALT, defaulted under the Note and Mortgage by failing to pay the
payment due February 1, 2008, and all subsequent payments.
14. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
15. Defendant, ALFREDO C. RIGALT, owe Plaintiff $225,850.00 representing principal due on the Note
and Mortgage, interest from January 1, 2008, and title search expenses for ascertaining necessary parties to this action.
16. Defendants, JOHN DOE and JANE DOE, may claim some right, title, or interest in the subject
property by virtue of being in possession of the subject property. Any such claim is junior and inferior to the Mortgage.
17. Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , acting solely as
nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK OF IN and LEASECOMM
CORPORATION, A MASSACHUSETTS CORPORATION, may claim some right, title or interest in the subject
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Adorno & Yoss LLP
2525 PONCE DE LEON BLVD. + SUITE 400 + MIAMI, FLORIDA 33134-6012 * TELEPHONE 305-460-1000 » TELEFAX 305-460-1422property by virtue of certain mortgage, judgment encumbering the subject property, which is inferior to Plaintiff's
mortgage.
18. Defendant, BEACON PARK PHASE 1 HOMEOWNERS ASSOCIATION, INC., may claim some
right, title or interest in the subject property by virtue of a lien or claim based upon unpaid maintenance or assessment
payments. Any such claim is junior and inferior to the Mortgage.
19. In addition to the above named Defendants, the unknown spouses, heirs, devisees, grantees, assignees,
creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through, under
or against any of said Defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or
existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate and inferior to the
interest of Plaintiff.
20. All conditions precedent to the institution of this action have been performed, waived or excused.
21. Plaintiff is obligated to pay its attorneys a reasonable fee for their services.
WHEREFORE, Plaintiff demands:
a. That this Court adjudge the lien of the Mortgage to be a valid lien upon the subject property, superior
to the rights, claims, interests, and liens of all the Defendants and any and all persons claiming by, through, under or
against Defendants subsequent to the filing of the Lis Pendens.
b. That an accounting be made of the sums due Plaintiff under the Note and Mortgage and if the sum is
not paid within the time set by this Court, that the property be sold in accordance with Section 45.031, Florida Statutes
and that all Defendants made parties to this cause, and all persons claiming under or against said Defendants, since the
filing of the Notice of Lis Pendens be foreclosed.
c That if the proceeds of the sale are insufficient to satisfy Plaintiff's claim, that a Deficiency Judgment
be entered.
d. That the Court grant such further relief as it deems proper.
COUNT I] - REESTABLISHMENT OF NOTE
Plaintiff realleges Paragraphs 2 and 3.
22. This is an action to reestablish a lost instrument pursuant to Florida Statute §673.3091.
23. The Note executed by ALFREDO C. RIGALT has been lost or destroyed.
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Adorno & Yoss LLP
2525 PONCE DE LEON BLVD. « SUITE 400 « MIAMI, FLORIDA 33134-6012 » TELEPHONE 305-460-1000 » TELEFAX 305-460-142224. Plaintiff is unaware of the time and manner of such loss or destruction.
25. Plaintiff or its predecessor or its successor was in possession of the subject Note and Mortgage and was
entitled to enforce it when the loss or destruction occurred.
26. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure.
27. Plaintiff has not been able to locate the Note after diligent search.
28. Plaintiff cannot reasonably obtain possession of the Note because it was destroyed, its whereabouts
cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is
not amenable to service of process.
29. A substantial copy of the Note is attached hereto as Exhibit "A".
30. Defendants are the only parties known to Plaintiff who are interested for or against the reestablishment
of the Note.
31. The Note has not been pledged, assigned, transferred, hypothecated or otherwise disposed of.
WHEREFORE, Plaintiff demands judgment reestablishing the Note.
DATED at Miami, Miami- Dade County, Florida this Ss day of July, 2008.
ADORNO & YOSS LLP
Attorneys for Plaintiff
2525 Ponce de Leon Boulevard
Suite 400
Miami, Florida 33134
(305) 460-1000
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Adorno & Yoss LLP
2525 PONCE DE LEON BLVD. + SUITE 400 « MIAMI, FLORIDA 33134-6012 « TELEPHONE 305-460-1000 « TELEFAX 305-460-1422NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT
15 U.S.C. §1692
The amount of the debt is as stated in the Complaint attached hereto.
The Plaintiff, as named in the attached Complaint, is the creditor to whom the debt is owed.
The debt described in the Complaint will be assumed to be valid by the creditor's law firm
unless you (the debtor) dispute the validity of this debt, or any portion thereof, within thirty
(30) days after receipt of this notice.
If you (the debtor) notify this firm within thirty (30) days of this notice, that the debt or any
portion thereof is disputed, we will obtain verification of the debt and a copy of the
verification of the debt will be mailed to you (the debtor).
If the Plaintiff in the attached Complaint is not the original creditor, and if you (the debtor)
make a written request to this law firm within thirty (30) days from receipt of this notice, the
name and address of the original creditor will be provided to you (the debtor).
The law does not require this law firm to wait until the end of the thirty (30) day period
referred to in Paragraphs 3, 4 and 5 of this Notice before suing you to collect the debt. If
however, you request proof of the debt or the name and address of the original creditor
within the thirty (30) day period which begins with your receipt of this Notice, the law
requires this law firm to suspend our efforts (through litigation or otherwise) to collect the
debt until we mail the requested information to you.
Written requests should be addressed to Adorno & Yoss LLP, 2525 Ponce de Leon Blvd.,
Suite 400, Miami, Florida 33134.
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IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN AND FOR ORANGE COUNTY, FLORIDA DEUTSCHE BANK NATIONAL TRUST COMPANY, GENERAL JURISDICTION DIVISION AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9 MORTGAGE Case No. PASS-THROUGH CERTIFICATES, SERIES 2006-FF9, Florida Bar No. 146870 Plaintiff, vs. COMPLAINT FOR FORECLOSURE ALFREDO C. RIGALT; JENNIFER RIGALT; OF MORTGAGE AND FOR DAMAGES MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , acting solely as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK OF IN; LEASECOMM CORPORATION, A MASSACHUSETTS CORPORATION; BEACON PARK PHASE 1 HOMEOWNERS ASSOCIATION, INC.; JOHN DOE and JANE DOE, Defendants. / Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2006-FF9 MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-FF9, sues ALFREDO C. RIGALT; JENNIFER RIGALT; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., acting solely as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK OF IN; LEASECOMM CORPORATION, A MASSACHUSETTS CORPORATION; BEACON PARK PHASE 1 HOMEOWNERS ASSOCIATION, INC.; JOHN DOE and JANE DOE, and alleges: co 1 - ACTION ON PROMISSORY NOTE 1. This is an action for damages in excess of $15,000. 2. On March 27, 2006, ALFREDO C. RIGALT, executed and delivered a promissory note (the "Note") to FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN. A true and correct copy of the Note is attached hereto as Exhibit A. 3. Plaintiff owns and holds the Note. 4, Defendant, ALFREDO C. RIGALT, failed to pay the payment due on the Note on February 1, 2008, and Plaintiff elected to accelerate payment of the balance. 5. Defendant, ALFREDO C. RIGALT, owe Plaintiff $225,850.00, together with interest from January 1, 2008, on the Note. Adorno & Yoss LLP 2525 PONCE DE LEON BLVD. + SUITE 400 + MIAMI, FLORIDA 33134-6012 » TELEPHONE 305-460-1000 + TELEFAX 305-460-14226. All conditions precedent to the institution of this action have been performed, waived or excused. 7. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. WHEREFORE, Plaintiff demands judgment against Defendant, ALFREDO C. RIGALT, both jointly and severally for damages, interest, costs, attorneys’ fees, and such further relief as the Court deems proper. COUNT II - ACTION TO FORECLOSE MORTGAGE Plaintiff realleges Paragraphs 2 and 3. 8. This is an action to foreclose a mortgage on real property in Orange County, Florida. 9. On March 27, 2006, ALFREDO C. RIGALT and JENNIFER RIGALT, a married couple, executed and delivered a mortgage, (the "Mortgage"), securing payment of the Note to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.., acting solely as nominee for FIRST FRANKLIN A DIVISION OF NAT. CITY BANK OF IN. The Mortgage was recorded on July 24, 2006, in Official Records Book 08767 at Page 1274 of the Public Records of Orange County, Florida, and mortgaged the property described therein which was then owned by and in the possession of the mortgagor. A copy of the Mortgage is attached hereto as Exhibit B. 10. Said Mortgage was assigned to Plaintiff by virtue of the assignment attached hereto as Exhibit C. ll. Plaintiff owns and holds the Mortgage. 12. The property is now owned and possessed by Defendant, ALFREDO C. RIGALT. 13. Defendant, ALFREDO C. RIGALT, defaulted under the Note and Mortgage by failing to pay the payment due February 1, 2008, and all subsequent payments. 14. Plaintiff declares the full amount payable under the Note and Mortgage to be due. 15. Defendant, ALFREDO C. RIGALT, owe Plaintiff $225,850.00 representing principal due on the Note and Mortgage, interest from January 1, 2008, and title search expenses for ascertaining necessary parties to this action. 16. Defendants, JOHN DOE and JANE DOE, may claim some right, title, or interest in the subject property by virtue of being in possession of the subject property. Any such claim is junior and inferior to the Mortgage. 17. Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. , acting solely as nominee for FIRST FRANKLIN A DIVISION OF NATIONAL CITY BANK OF IN and LEASECOMM CORPORATION, A MASSACHUSETTS CORPORATION, may claim some right, title or interest in the subject -2- Adorno & Yoss LLP 2525 PONCE DE LEON BLVD. + SUITE 400 + MIAMI, FLORIDA 33134-6012 * TELEPHONE 305-460-1000 » TELEFAX 305-460-1422property by virtue of certain mortgage, judgment encumbering the subject property, which is inferior to Plaintiff's mortgage. 18. Defendant, BEACON PARK PHASE 1 HOMEOWNERS ASSOCIATION, INC., may claim some right, title or interest in the subject property by virtue of a lien or claim based upon unpaid maintenance or assessment payments. Any such claim is junior and inferior to the Mortgage. 19. In addition to the above named Defendants, the unknown spouses, heirs, devisees, grantees, assignees, creditors, trustees, successors in interest or other parties claiming an interest in the subject property by, through, under or against any of said Defendants, whether natural or corporate, who are not known to be alive or dead, dissolved or existing, are joined as Defendants herein. The claims of any of said parties are subject, subordinate and inferior to the interest of Plaintiff. 20. All conditions precedent to the institution of this action have been performed, waived or excused. 21. Plaintiff is obligated to pay its attorneys a reasonable fee for their services. WHEREFORE, Plaintiff demands: a. That this Court adjudge the lien of the Mortgage to be a valid lien upon the subject property, superior to the rights, claims, interests, and liens of all the Defendants and any and all persons claiming by, through, under or against Defendants subsequent to the filing of the Lis Pendens. b. That an accounting be made of the sums due Plaintiff under the Note and Mortgage and if the sum is not paid within the time set by this Court, that the property be sold in accordance with Section 45.031, Florida Statutes and that all Defendants made parties to this cause, and all persons claiming under or against said Defendants, since the filing of the Notice of Lis Pendens be foreclosed. c That if the proceeds of the sale are insufficient to satisfy Plaintiff's claim, that a Deficiency Judgment be entered. d. That the Court grant such further relief as it deems proper. COUNT I] - REESTABLISHMENT OF NOTE Plaintiff realleges Paragraphs 2 and 3. 22. This is an action to reestablish a lost instrument pursuant to Florida Statute §673.3091. 23. The Note executed by ALFREDO C. RIGALT has been lost or destroyed. -3- Adorno & Yoss LLP 2525 PONCE DE LEON BLVD. « SUITE 400 « MIAMI, FLORIDA 33134-6012 » TELEPHONE 305-460-1000 » TELEFAX 305-460-142224. Plaintiff is unaware of the time and manner of such loss or destruction. 25. Plaintiff or its predecessor or its successor was in possession of the subject Note and Mortgage and was entitled to enforce it when the loss or destruction occurred. 26. The loss of possession was not the result of a transfer by Plaintiff or a lawful seizure. 27. Plaintiff has not been able to locate the Note after diligent search. 28. Plaintiff cannot reasonably obtain possession of the Note because it was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession of an unknown person or a person that cannot be found or is not amenable to service of process. 29. A substantial copy of the Note is attached hereto as Exhibit "A". 30. Defendants are the only parties known to Plaintiff who are interested for or against the reestablishment of the Note. 31. The Note has not been pledged, assigned, transferred, hypothecated or otherwise disposed of. WHEREFORE, Plaintiff demands judgment reestablishing the Note. DATED at Miami, Miami- Dade County, Florida this Ss day of July, 2008. ADORNO & YOSS LLP Attorneys for Plaintiff 2525 Ponce de Leon Boulevard Suite 400 Miami, Florida 33134 (305) 460-1000 -4- Adorno & Yoss LLP 2525 PONCE DE LEON BLVD. + SUITE 400 « MIAMI, FLORIDA 33134-6012 « TELEPHONE 305-460-1000 « TELEFAX 305-460-1422NOTICE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT 15 U.S.C. §1692 The amount of the debt is as stated in the Complaint attached hereto. The Plaintiff, as named in the attached Complaint, is the creditor to whom the debt is owed. The debt described in the Complaint will be assumed to be valid by the creditor's law firm unless you (the debtor) dispute the validity of this debt, or any portion thereof, within thirty (30) days after receipt of this notice. If you (the debtor) notify this firm within thirty (30) days of this notice, that the debt or any portion thereof is disputed, we will obtain verification of the debt and a copy of the verification of the debt will be mailed to you (the debtor). If the Plaintiff in the attached Complaint is not the original creditor, and if you (the debtor) make a written request to this law firm within thirty (30) days from receipt of this notice, the name and address of the original creditor will be provided to you (the debtor). The law does not require this law firm to wait until the end of the thirty (30) day period referred to in Paragraphs 3, 4 and 5 of this Notice before suing you to collect the debt. If however, you request proof of the debt or the name and address of the original creditor within the thirty (30) day period which begins with your receipt of this Notice, the law requires this law firm to suspend our efforts (through litigation or otherwise) to collect the debt until we mail the requested information to you. Written requests should be addressed to Adorno & Yoss LLP, 2525 Ponce de Leon Blvd., Suite 400, Miami, Florida 33134.