On July 20, 2007 a
MOTION-ISSUE AN AMENDED CERT OF TITLE
was filed
involving a dispute between
The Bank Of New York As Trustee For The Certificat,
and
Any And All Unknown Parties Claiming By Through Un,
Doe, Jane,
Doe, John,
Hagood, Robin L,
Jp Morgan Chase Bank Na,
Long, Jamie,
Long, Jamie L,
Long, Kyle,
Long, Kyle F,
Long-Wilson, Jamie L,
South Gate Community Association Inc,
Unknown Spouse Of Jamie L Long,
Unknown Spouse Of Kyle F Long,
for MORTGAGE FORECLOSURE - CIRCUIT
in the District Court of Sarasota County.
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IN THE CIRCUIT COURT OF THE
12TH JUDICIAL CIRCUIT, IN AND
FOR SARASOTA COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO: 2007-CA-008576-NC
Seer eee ee ee
THE BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWABS, INC. ASSET-
BACKED CERTIFICATES, SERIES 2004-7,
PLAINTIFF,
V.
KYLE F. LONG A/K/A KYLE LONG; UNKNOWN
SPOUSE OF KYLE F. LONG A/K/A KYLE LONG, IF
ANY; JAMIE L. LONG A/K/A JAMIE LONG A/K/A
JAMIE L. LONG-WILSON; UNKNOWN SPOUSE OF
JAMIE L. LONG A/K/A JAMIE LONG A/K/A JAMIE L.
LONG-WILSON, IF ANY; ANY AND ALL UNKNOWN
PARTIES CLAIMING BY, THROUGH, UNDER, AND
AGAINST THE HEREIN NAMED INDIVIDUAL
DEFENDANT(S) WHO ARE NOT KNOWN TO BE
DEAD OR ALIVE , WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST AS SPOUSES,
HEIRS, DEVISEES, GRANTEES OR OTHER
CLAIMANTS; SOUTH GATE COMMUNITY
ASSOCIATION, INC.; JPMORGAN CHASE BANK, N.A:;
ROBIN L. HAGOOD; JOHN DOE AND JANE DOE AS
UNKNOWN TENANTS IN POSSESSION,
DEPENDANT S
EX-PARTE MOTION TO DIRECT CLERK TO
ISSUE AN AMENDED CERTIFICATE OF TITLE
Plaintiff, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS
CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-7, by and through its undersigned counsel
hereby files this Ex-Parte Motion to Direct Clerk to Issue an Amended Certificate of Title, and in support
thereof states the following:
1. A suit to foreclose the subject Mortgage was instituted on July 20, 2007.
2. A Final Judgment of Foreclosure was entered by the Court on August 27, 2008, and the
subject real property was sold at a foreclosure sale on August 20, 2009. Plaintiff was the successful bidder
at the sale of the property. The Certificate of Title was issued on September 18, 2009.
3. The title was vested in the incomplete name of the Plaintiff, BANK OF NEW YORK AS
TRUSTEE FOR THE CERTIFICATEHOL, and should be vested in the name of THE BANK OF NEW
YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-7, which is the correct name of the Plaintiff.
Filed for Record 09/29/2009 10:10 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 008576 NC Dkt-91114104 Page 1 of 24. A closing is scheduled to be held on the subject property, and the closing agent is unable to
convey the title to the new owner due to the Certificate of Title being issued in the incorrect name. Therefore,
Plaintiff is respectfully requesting that an Amended Certificate of Title be issued in the name of THE BANK
OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED
CERTIFICATES, SERIES 2004-7.
5. No parties will be prejudiced by the granting of this motion as the Certificate of Title was
issued on September 18, 2009 and no objections have been filed and all parties have been duly noticed.
WHEREFORE, Plaintiff requests that this Court enter an Order Granting this Motion to Amend
Certificate of Title and Directing Clerk to Issue an Amended Certificate of Title.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Ex-Parte Motion to Direct Clerk
to Issue an Amended Certificate of Title was mailed this 29th day of September, 2009 to the following:
KYLE F. LONG A/K/A KYLE LONG JPMORGAN CHASE BANK, N.A.
UNKNOWN SPOUSE OF KYLE F. LONG A/K/A C/O AUTHORIZED AGENT
KYLE LONG N/K/A JANET TAYLOR 1111 POLARIS PARKWY
13498 HERITAGE WAY COLUMBUS, OHIO 43240
SARASOTA, FLORIDA 34240
ROBIN L. HAGOOD
JAMIE L. LONG A/K/A JAMIE LONG A/K/A 2436 CLEMATIS STREET
JAMIE L. LONG-WILSON SARASOTA, FLORIDA 34239
UNKNOWN SPOUSE OF JAMIE L. LONG A/K/A
JAMIE LONG A/K/A JAMIE L. LONG-WILSON CURRENT TENANTS
N/K/A JOSH WILSON 2436 CLEMATIS STREET
6406 ROSEFINCH COURT, UNIT 102 SARASOTA, FLORIDA 34239
BRADENTON, FLORIDA 34202
SOUTH GATE COMMUNITY ASSOCIATION, INC.
C/O PHYLLIS DUBOIS, ASSOCIATION TREASURER
3218 S. SCHOOL AVENUE
SARASOTA, FLORIDA 34239
s/ MIRIAM MENDIETA
MIRIAM MENDIETA, ESQUIRE
Florida Bar No.: 0866880
ROBYN R. KATZ, ESQUIRE
Florida Bar No.: 0146803
Law Offices of David J. Stern, P.A.
Attorney for Plaintiff
900 South Pine Island Road, Suite 400
Plantation, Florida 33324-3920
(954) 233-8000 Office
(954) 233-8565 Facsimile
07-94308.act
Filed for Record 09/29/2009 10:10 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 008576 NC Dkt-91114104 Page 2 of 2
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IN THE CIRCUIT COURT OF THE 12TH JUDICIAL CIRCUIT, IN AND FOR SARASOTA COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO: 2007-CA-008576-NC Seer eee ee ee THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-7, PLAINTIFF, V. KYLE F. LONG A/K/A KYLE LONG; UNKNOWN SPOUSE OF KYLE F. LONG A/K/A KYLE LONG, IF ANY; JAMIE L. LONG A/K/A JAMIE LONG A/K/A JAMIE L. LONG-WILSON; UNKNOWN SPOUSE OF JAMIE L. LONG A/K/A JAMIE LONG A/K/A JAMIE L. LONG-WILSON, IF ANY; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE , WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES OR OTHER CLAIMANTS; SOUTH GATE COMMUNITY ASSOCIATION, INC.; JPMORGAN CHASE BANK, N.A:; ROBIN L. HAGOOD; JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION, DEPENDANT S EX-PARTE MOTION TO DIRECT CLERK TO ISSUE AN AMENDED CERTIFICATE OF TITLE Plaintiff, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-7, by and through its undersigned counsel hereby files this Ex-Parte Motion to Direct Clerk to Issue an Amended Certificate of Title, and in support thereof states the following: 1. A suit to foreclose the subject Mortgage was instituted on July 20, 2007. 2. A Final Judgment of Foreclosure was entered by the Court on August 27, 2008, and the subject real property was sold at a foreclosure sale on August 20, 2009. Plaintiff was the successful bidder at the sale of the property. The Certificate of Title was issued on September 18, 2009. 3. The title was vested in the incomplete name of the Plaintiff, BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOL, and should be vested in the name of THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-7, which is the correct name of the Plaintiff. Filed for Record 09/29/2009 10:10 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 008576 NC Dkt-91114104 Page 1 of 24. A closing is scheduled to be held on the subject property, and the closing agent is unable to convey the title to the new owner due to the Certificate of Title being issued in the incorrect name. Therefore, Plaintiff is respectfully requesting that an Amended Certificate of Title be issued in the name of THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-7. 5. No parties will be prejudiced by the granting of this motion as the Certificate of Title was issued on September 18, 2009 and no objections have been filed and all parties have been duly noticed. WHEREFORE, Plaintiff requests that this Court enter an Order Granting this Motion to Amend Certificate of Title and Directing Clerk to Issue an Amended Certificate of Title. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Ex-Parte Motion to Direct Clerk to Issue an Amended Certificate of Title was mailed this 29th day of September, 2009 to the following: KYLE F. LONG A/K/A KYLE LONG JPMORGAN CHASE BANK, N.A. UNKNOWN SPOUSE OF KYLE F. LONG A/K/A C/O AUTHORIZED AGENT KYLE LONG N/K/A JANET TAYLOR 1111 POLARIS PARKWY 13498 HERITAGE WAY COLUMBUS, OHIO 43240 SARASOTA, FLORIDA 34240 ROBIN L. HAGOOD JAMIE L. LONG A/K/A JAMIE LONG A/K/A 2436 CLEMATIS STREET JAMIE L. LONG-WILSON SARASOTA, FLORIDA 34239 UNKNOWN SPOUSE OF JAMIE L. LONG A/K/A JAMIE LONG A/K/A JAMIE L. LONG-WILSON CURRENT TENANTS N/K/A JOSH WILSON 2436 CLEMATIS STREET 6406 ROSEFINCH COURT, UNIT 102 SARASOTA, FLORIDA 34239 BRADENTON, FLORIDA 34202 SOUTH GATE COMMUNITY ASSOCIATION, INC. C/O PHYLLIS DUBOIS, ASSOCIATION TREASURER 3218 S. SCHOOL AVENUE SARASOTA, FLORIDA 34239 s/ MIRIAM MENDIETA MIRIAM MENDIETA, ESQUIRE Florida Bar No.: 0866880 ROBYN R. KATZ, ESQUIRE Florida Bar No.: 0146803 Law Offices of David J. Stern, P.A. Attorney for Plaintiff 900 South Pine Island Road, Suite 400 Plantation, Florida 33324-3920 (954) 233-8000 Office (954) 233-8565 Facsimile 07-94308.act Filed for Record 09/29/2009 10:10 AM - Karen E. Rushing, Clerk of the Circuit Court - Sarasota County, FL - 2007 CA 008576 NC Dkt-91114104 Page 2 of 2