On July 16, 2009 a
Motion,Ex Parte
was filed
involving a dispute between
Wachovia Bank Na,
and
Ramsey, Benjamin S,
Tenant #1,
Tenant #2,
Tenant #3,
Tenant #4,
Unknown Spouse,
for Real Property Mortgage Foreclosure
in the District Court of Collier County.
Preview
09-20798
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
WACHOVIA BANK, NA,
Plaintiff,
CASE NO.: 11-2009-CA-006230
vs. DIVISION:
“%, o s
BENJAMIN S. RAMSEY, et al, Se 2 6 B
4O, | m @
Defendant(s). Oe Rtg
/ . _
Qos
PLAINTIFFS MOTION FOR SUMMARY JUDGMENT a
INCLUDING A HEARING i 2 EL
TO TAX ATTORNEYS’ FEES AND COSTS \ aN
2 w oO
wo
Plaintiff, Wachovia Bank, NA, files this Motion for Summary Judgment Including 3 Hearing to
Tax Attorneys’ Fees and Costs and says:
1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which
the Plaintiff's Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs is
based are set forth below.
2. Plaintiff filed its Complaint to Foreclose a Mortgage on real and personal property
located in Collier County, Florida, the legal description of which is set forth in the Complaint.
3. Defendants were duly and regularly served with process.
4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be
foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons
or entities claiming, by through or under them.
5. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and
Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other
expenses, all of which are more fully set forth in the affidavits attached hereto as exhibits.
6. Attorney for Plaintiff will offer the Original Note or a Lost Note Affidavit to the Court
prior to or upon the hearing of this Motion.7. This pleading together with the Affidavits attached hereto, and all other pleadings filed
with the court, show that there are no genuine issues as to any material facts.
8. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a
matter of law upon its Complaint.
WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all
Defendants for the relief set forth in its Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has
been furnished by U.S. Mail to all parties listed on the attached service list on this 1 day of September,
2009.
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
(813) 221-4743
Alvarez, Esq.
NO. 43181
LF - 09-20798BENJAMIN S. RAMSEY
3332 WHITE BOULEVARD
NAPLES, FL 34117
Service List
Document Filed Date
September 17, 2009
Case Filing Date
July 16, 2009
Category
Real Property Mortgage Foreclosure
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09-20798 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION WACHOVIA BANK, NA, Plaintiff, CASE NO.: 11-2009-CA-006230 vs. DIVISION: “%, o s BENJAMIN S. RAMSEY, et al, Se 2 6 B 4O, | m @ Defendant(s). Oe Rtg / . _ Qos PLAINTIFFS MOTION FOR SUMMARY JUDGMENT a INCLUDING A HEARING i 2 EL TO TAX ATTORNEYS’ FEES AND COSTS \ aN 2 w oO wo Plaintiff, Wachovia Bank, NA, files this Motion for Summary Judgment Including 3 Hearing to Tax Attorneys’ Fees and Costs and says: 1. This Motion is filed pursuant to Fla. R. Civ. P. 1.510. The particular grounds on which the Plaintiff's Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs is based are set forth below. 2. Plaintiff filed its Complaint to Foreclose a Mortgage on real and personal property located in Collier County, Florida, the legal description of which is set forth in the Complaint. 3. Defendants were duly and regularly served with process. 4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by through or under them. 5. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are more fully set forth in the affidavits attached hereto as exhibits. 6. Attorney for Plaintiff will offer the Original Note or a Lost Note Affidavit to the Court prior to or upon the hearing of this Motion.7. This pleading together with the Affidavits attached hereto, and all other pleadings filed with the court, show that there are no genuine issues as to any material facts. 8. On the basis of the above grounds, Plaintiff is entitled to Final Summary Judgment as a matter of law upon its Complaint. WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all Defendants for the relief set forth in its Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of this Motion for Summary Judgment has been furnished by U.S. Mail to all parties listed on the attached service list on this 1 day of September, 2009. Albertelli Law P.O. Box 23028 Tampa, FL 33623 (813) 221-4743 Alvarez, Esq. NO. 43181 LF - 09-20798BENJAMIN S. RAMSEY 3332 WHITE BOULEVARD NAPLES, FL 34117 Service List