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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
INDYMAC BANK, F.S.B.,
Plaintiff,
CASE NO. 2007 CA 007757 SC
VS. DIVISION H
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS, et
al,
Defendant(s).
NOTICE OF FILING
Plaintiff, INDYMAC BANK, F.S.B., gives Notice of Filing of the following:
1. Affidavit of Amounts Due and Owing
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all
parties listed on the attached service list on this | | day of August, 2008.
2O = 7
Si =
BRE EZ O
Kena N. Sadlak © OD G? a
Florida Bar No. 618241 oom Gd ~4
==C
S28 5 x
< =x = a
585 SO
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S co
FILE_NUMBER: F07021616
LAAN
DOC_ID: M003106
| IL
es oe
ition$?
wy.
JUL2008
IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT
IN AND FOR SARASOTA COUNTY, FLORIDA
CIVIL ACTION
INDYMAC BANK, F:S.B.,
Plaintiff,
CASE NO.: 2007 CA 007757 SC
vs. DIVISION: H
LINDA A. DECICCO-NICHOLS A/K/A LINDA A.
NICHOLS, et al,
Defendant(s).
/
AFFIDAVIT AS TO AMOUNTS DUE AND OWING
STATE OF leXOS
COUNTY OF \N \\ amMsor)
BEFORE ME this day personally appeared Ey icc. A ~ “Sahin SOY] S eck
(Affiant) who upon oath, deposes on personal knowledge and says:
l. This Affidavit is submitted in support of Plaintiff's Motion for Fina! Judgment for the purpose of
showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage
and Plaintiff is entitled to a judgment as a matter of law.
2 fam YVR presi de { Ee (title), of NDYMAC BANK, FSB.
INDYMAC BANK, FSB is the servicer of the loan. INDYMAC BANK, FSB is responsible for the collection of this
loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have
examined all books, records, and documents kept by INDYMAC BANK, FSB concerning the transactions alleged in the
Complaint. All of these books, records and documents are kept by INDYMAC BANK, FSB in the regular course of its
business as servicer of the loan transaction and are made at or near the time by, and from information transmitted by,
persons with personal knowledge of the facts such as your A ffiant. It is the regular practice of INDYMAC BANK, FSB
to make and keep these books, records, and documents. The books, records, and documents which A ffiant has
FILE_ NUMBER: F07021616 DOC_ID: M007900
“FO7021616" “W001900"NA
a
examined are managed by employees or agents whose duty it is to keep the books accurately and completely.
Furthermore, A ffiant has personal knowledge of the matters contained in the books, records and documents kept by
INDYMAC BANK, FSB.
3. I have personal knowledge of the facts contained in this affidavit. Specifically, | have personal
knowledge of the facts regarding the sums of money which are due and owing to INDYMAC BANK, F.S.B. pursuant to
the Note and Mortgage which ts the subject matter of the lawsuit.
4. Plaintiff, INDYMAC BANK, F.S.B., is owed the following sums of money as of 09/14/08:
PRINCIPAL $246,081.24
INTEREST 27,389.52
PER DIEM OF $46.35
( 6.875% interest rate)
PRE-ACCELERATION LATECHARGES 325.84
THROUGH June 21, 2007
PROPERTY INSPECTIONS 110.00
BANKRUPTCY FEES & COSTS
TAXES 2,192.46
INSURANCE
BPO/APPRAISALS 400.00
PROPERTY PRESERVATION 1,714.56
TOTAL $ 278,213.62
F07021616*:
ry
5. INDYMAC BANK, F.S.B. has employed the services of the law firm of Florida Default Law Group,
P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. areasonable
attorney's fee for its services, along with all costs and expenses of this action. In this uncontested foreclosure case, we
have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of $1,200.00. In the event the matter
becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour.
FURTHER AFFIANT SAYETH NOT.
The foregoi instrument was sworn ta and subscribed before me this oC ) day of Judy ,
2008, by Fyica K : Soanns¢ 7 Rect , who ts personally known to me.
View OD
Type Name Here:
NOTARY PUBLIC, State of STATE OF
My commission expires:
F07021616-3001813421 peers
FIDINDYMAC-FNMA-B-tharnig het, VICK! BRIZENDINE
3 Notary Public, State of Texas
My Commission Expires
. n%
FNS
THe PE a June 15, 2011Service List
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS
3106 Seattle Avenue
North Port FL 34286
LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS
c/o L. Murray Fitzhugh
2167 S Tamiami Trail
Venice, FL 34293
ROBERT W. NICHOLS
3106 Seattle Avenue
North Port, FL 34286
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IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION INDYMAC BANK, F.S.B., Plaintiff, CASE NO. 2007 CA 007757 SC VS. DIVISION H LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS, et al, Defendant(s). NOTICE OF FILING Plaintiff, INDYMAC BANK, F.S.B., gives Notice of Filing of the following: 1. Affidavit of Amounts Due and Owing I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all parties listed on the attached service list on this | | day of August, 2008. 2O = 7 Si = BRE EZ O Kena N. Sadlak © OD G? a Florida Bar No. 618241 oom Gd ~4 ==C S28 5 x < =x = a 585 SO 25 = S co FILE_NUMBER: F07021616 LAAN DOC_ID: M003106 | IL es oe ition$? wy. JUL2008 IN THE CIRCUIT COURT OF THE TWELFTH JUDICIAL CIRCUIT IN AND FOR SARASOTA COUNTY, FLORIDA CIVIL ACTION INDYMAC BANK, F:S.B., Plaintiff, CASE NO.: 2007 CA 007757 SC vs. DIVISION: H LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS, et al, Defendant(s). / AFFIDAVIT AS TO AMOUNTS DUE AND OWING STATE OF leXOS COUNTY OF \N \\ amMsor) BEFORE ME this day personally appeared Ey icc. A ~ “Sahin SOY] S eck (Affiant) who upon oath, deposes on personal knowledge and says: l. This Affidavit is submitted in support of Plaintiff's Motion for Fina! Judgment for the purpose of showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage and Plaintiff is entitled to a judgment as a matter of law. 2 fam YVR presi de { Ee (title), of NDYMAC BANK, FSB. INDYMAC BANK, FSB is the servicer of the loan. INDYMAC BANK, FSB is responsible for the collection of this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have examined all books, records, and documents kept by INDYMAC BANK, FSB concerning the transactions alleged in the Complaint. All of these books, records and documents are kept by INDYMAC BANK, FSB in the regular course of its business as servicer of the loan transaction and are made at or near the time by, and from information transmitted by, persons with personal knowledge of the facts such as your A ffiant. It is the regular practice of INDYMAC BANK, FSB to make and keep these books, records, and documents. The books, records, and documents which A ffiant has FILE_ NUMBER: F07021616 DOC_ID: M007900 “FO7021616" “W001900"NA a examined are managed by employees or agents whose duty it is to keep the books accurately and completely. Furthermore, A ffiant has personal knowledge of the matters contained in the books, records and documents kept by INDYMAC BANK, FSB. 3. I have personal knowledge of the facts contained in this affidavit. Specifically, | have personal knowledge of the facts regarding the sums of money which are due and owing to INDYMAC BANK, F.S.B. pursuant to the Note and Mortgage which ts the subject matter of the lawsuit. 4. Plaintiff, INDYMAC BANK, F.S.B., is owed the following sums of money as of 09/14/08: PRINCIPAL $246,081.24 INTEREST 27,389.52 PER DIEM OF $46.35 ( 6.875% interest rate) PRE-ACCELERATION LATECHARGES 325.84 THROUGH June 21, 2007 PROPERTY INSPECTIONS 110.00 BANKRUPTCY FEES & COSTS TAXES 2,192.46 INSURANCE BPO/APPRAISALS 400.00 PROPERTY PRESERVATION 1,714.56 TOTAL $ 278,213.62 F07021616*: ry 5. INDYMAC BANK, F.S.B. has employed the services of the law firm of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. areasonable attorney's fee for its services, along with all costs and expenses of this action. In this uncontested foreclosure case, we have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of $1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour. FURTHER AFFIANT SAYETH NOT. The foregoi instrument was sworn ta and subscribed before me this oC ) day of Judy , 2008, by Fyica K : Soanns¢ 7 Rect , who ts personally known to me. View OD Type Name Here: NOTARY PUBLIC, State of STATE OF My commission expires: F07021616-3001813421 peers FIDINDYMAC-FNMA-B-tharnig het, VICK! BRIZENDINE 3 Notary Public, State of Texas My Commission Expires . n% FNS THe PE a June 15, 2011Service List LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS 3106 Seattle Avenue North Port FL 34286 LINDA A. DECICCO-NICHOLS A/K/A LINDA A. NICHOLS c/o L. Murray Fitzhugh 2167 S Tamiami Trail Venice, FL 34293 ROBERT W. NICHOLS 3106 Seattle Avenue North Port, FL 34286