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Filing # 58403939 E-Filed 06/28/2017 05:13:58 PM
IN THE CIRCUIT COURT GF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARIOTTE COUNTY, FLORIDA
CIVIL DIVISION
FLORIDA OPPORTUNITY REAL CASE NO: 17000587CA
ESTATE INVESTMENT, LLC,
Plaintiff.
vs.
WILFREDO MILAN: LISSETTE
REIGOSA; ALL UNKNOWN PARTIES
CLAIMING INTERESTS BY,
THROUGH, UNDER OR AGAINS? A
NAMED DEFENDANT TO THIS
ACTION, OR HAVING OR CLAIMING
TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN
DESCRIBED; UNKNOWN ENANT
#1; UNKNOWN TENANT #2,
Detendants.
VERIFIED COMPLAINT
Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, through its
undersigned counsel, sues Defendants, WILFREDO MILAN; LISSETTE REIGOSA; ALL
UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A
NAMED DEFENDANT TO THIS ACTION. OR HAVING OR CLAIMING TO HAVE ANY
RIGHT, TITLF OR INTEREST IN THE PROPERTY HEREIN DESCRIBED; UNKNOWN
TENANT #1; UNKNOWN TENANT #2, and alleges:
Page tof?
a
GI: RAL ALLEGATIONS
1 This is an action for equitable relief, or alternatively for damages in excess of
$15,000.00, to foreclose a mortgage on real property located in CHARLOTTE County, and tor
other relief within the subject matter jurisdiction of this Court
2.2 This is an action that involves parties and property located within the venue of
this Court, and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.
3 All parties to this acuen are properly before this Court, and this Court has
personal jurisdiction over the parties. Plaintiff, its successors and assigns, has the right to
exercise any and all interests of the morigage, including but not limited to, the right to foreclose
the subject property.
4 On or about April 4. 2005, WILFREDO MILAN (hercinafier the “Borrower(s)”)
executed and delivered a Promissory Note in the original principal amount of $130,500.00. A
Certification of Possession of Origina! Promissory Note and a copy of the Promissory Note (the
“Note”) are attached hereto as composite Exhibit “A”,
3 On or about April 4. 2605. WILFREDO MILAN and LISSETTE REIGOSA,
executed and delivered a Mortgaye (the “Mortgage”) securing payment of the Note. The
Mortgage was recorded in Official Records BK 2679 PG 159 of the Public Records of
CHARLOTTE County, Florida. A copy of the Mortgage is attached hereto as Exhibit “B". Said
Mortgage was subsequently assigned to (.S. BANK NATIONAL ASSOCIATION, by virtue of
an A: gnment of Mortgage recorded in Official Records BK 3688 PG 1605, and also to
RESIDENTIAL FUNDING COMPANY. LLC, by virtue of an Assignment of Mortgage
recorded in Official Records BK 3688 PCi 1604, and also to GLAV FUND 1 TRUST by virtue
of an Assignment of Mortgage recorded in Official Records BK 3688 PG 1603, and also to
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NOTEZ, LLC, by virtue of an Assigi nent of Mortgage recorded in Official Records BK 3688
PG 1602, and also to FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC by
virtue of an Assignment of Mortgage recorded in Official Records BK 3688 PG 1601, of the
Public Records of CHARLOTTE County, Florida. Copies of the recorded Assignments of
Mortgage are attached hereto as Exhibit "C”
6. Plaintiffis the owner and holder of the Note and Mortgage and is entitled to
enforce the instruments in accordance with §673.3011 Florida Statutes and Fla. R. Civ. Pro,
!.210(a).
7 All conditions precedent to the Hiing of this action have been met by Plaintiff. A
copy of the Notice of Demand is attached hereto as Exhibit “D”.
8 By virtue of Borrower's failure to make payments when due, Plaintiff
has been
forced to retain the services of the undersiy ce { counsel, and has agreed to pay said attorneys 4
reasonable [ce for their services.
COUNT I- MORTGAGE FORECLOSURE
9. Plaintiff re-adopts and re-allces paragraphs | through 8 set forth above.
10. This is an action to foreclose a mortgage on real property located in
CHARLOTTE County, Florida.
I. The legal description of the rea: property sought to be foreclosed is:
LOT 23, BLOCK 232, PORT CHARLOTTE SUBDIVISION
SECTION EIGHT, ACCORDING 1O THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 4. PAGES 16A THROUGH 1627
INCLUSIVE, OF THE PUBLIC RECORDS OF CHARLOTTE
COUNTY, FLORIDA.
12. The Defendant(s), WIL. REDO MILAN and LISSETTE REIGOSA, own(s) the
property.
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13, ‘There is a default for the July | 2012, payment and all subsequent payments.
14, Plaintitf is authorized and hereby declares the full amount under the Note to be
due and payable.
15. Borrower(s) owes Plaintift the principal sum of $125,687.50, plus outstanding
and accrued interest from June |, 2012. late charges, attorney's fees and costs, and all expenses
incurred in preparation of the title search for ascertaining necessary partics to this action, as
well
as other potential charges as provided in the loan documents. including, but not limited
to, any
sums advanced, or to be advanced. by F nuit for the payment of taxes or insurance or other
expenses to protect Plaintiff's security interest or to maintain and preserve the subject real
property.
16 Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for
their services herein and is entitled to recover said fees pursuant to the terms of the note
and
mortgage.
17. Defendant. WILFREDU MILA‘, is joined because it may claim some interest in,
ar lien upon, the subject property by virtue of actual possession, but any such interest is
subordinate and inferior to the interest of Plaintifl’s Martgage.
18. Defendant, LISSETTE REIGOSA, is joined because it may claim some interest
in, or lien upon, the subject property by virtue of actual possession,
but any such interes Ss
subordinate and inferior to the interest of Planuti’s Mortgage.
19. Defendant, UNKNOWN TENANT 41, fictitious name Tepresenting a tenant in
Possession, may claim some interest in, or lien upon, the subject property by virtue
of actual
possession, but any such interest is subordinate and inferior to the interest of Plaintiff's
Mortgage.
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20. Defendant, UNKNOWS TENANT 42. fictitious name representing a tenant in
possession, may claim some interest in. or lien upon, the subject property by virtue of actual
possession, but any such interest is subordinate and inferior to the interest of Plaintiff's
Mortgage.
21. In addition to all other named Defendants. ALL UNKNOWN PARTIES
CLAIMING INTERESTS BY, THROUGH. UNDER OR AGAINST A NAMED DEFENDANT
TO THIS ACTION. OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE SUBJECT PROPERTY HEREIN DESCRIBED, may be interested in the
subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees, assignees,
licnors, creditors, trustees or other chimants by. through, under or against a known person who
is dead or not known to be dead or alive. or hy virtue of any interest in, or claim to, the property
which is the subject of this action or other eas the case may be. These interests, if any. are
subordinate and inferior to Plaintiff's Mortgage
WHEREFORE, Plaintiff pray an follows.
a) That this Court take jurisdiction of this action and all parties named in this
Complaint, and that this Court permit Plaintiff to join in this action by appropriate
amended
pleading any such additional parties as may be uecessary for a full and complete determina
tion
of Plaintiff's rights on the lien of its Mort gage, as amended:
b) That this Court make au accounting of the sum due to Plaintiff under the Note and
Mortgage sued upon herein, together with mterest, costs, sums advanced by Plaintiff
to protect
its security interest or to maintain or pr eserve the subject property, including but
not limited to
payment of environmental inspectious and assessments, taxes, insurance and reasonable
attorney's fees incurred by Plaintiff,
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ce) That this Court enter an Order requiring Borrower(s) to pay the amounts
determined by this Court to be due and ow ing under the Note and Mortgage and
that the sum of
money found to be due, as aforesitid he decreed by this Court, to be
a lien upon the lands
described in Plaintiff's Mortgage. If the sum ordered by this C
ourt to be paid is not paid within
the time set by this Court, that the sub property be sold at public foreclosure sale to satisfy
Plainiff's claim.
d) 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 uny person or parties claiming
by, through or under
them since the filing of the Lis Pendens:
c) That all nght, title or interest of the Defendants, or any person claiming
by,
through or under them, be forever barred and for eclosed;
and
' That this Court retain jurisdiction to enter such further awards, including
deficiency judgments, to the extent permiticd by applicable Bankrup
tcy and State | ‘aws, and writs
of possession, and to grant any and all additional relief as the
C ourt may deem just, necessary
and proper under the circumstances.
[THIS SPACE IS INTENTIONALLY LEFT BLANK]
17-029998,
Page
6 of 7
a ~
TO ALL DEFENDANTS: PLEASE NOTE THAT EFFECTIV E OCTOBER 13, 2006, 15
U.S.C. §1692G OF THE FAIR DEBT COLLECTION
PRACTICES ACT HAS BEEN
AMENDED AS FOLLOW.
{a) LEGAL PLEADINGS — Section 809 of the Fair Debt Collec
tion Practices Act
(15 U.S.C. §16928) is amended by adding at the
end the following new
subsectio (d) Lega! Pleadings — A communicatio:
in the form of a formal
pleading in a civil action shall not be treated as an
initial communication for
purposes of subsection (a).”
Dated this ZB day or June 2017.
PRIPP SCOTT, P.A.
Attorneys for Plaintiff
i 10 SE 6th Street, 15th Floor
§ ort Lauderdale, Florida 33301
934-765-2999
Fax. 954-76] 475
By
~
1. MIC AEL SOLLOA ESQ.
Florida Bar No. 37854
uixs(Qirippscott.com
VERIFICATION
Under penaity of perjury,
| declare that I have read the foregoing, and the facts
alleged therein are true and correct to the best of my
knowledge and belief,
/
Signatfire #
— Massiare fyuce. _
Printed Name
+
_ mM
age ing Member _
we hoy
Tithe
FLORIDA OPPORTUNITY REAL
ESTATE INVESTMENT. LLC
17-029998
Page 7 of 7
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IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL DIVISION
FLORIDA OPPORTUNITY REAL ESTATE CASE NO:
INVESTMENT, LLC,
Plaintiff,
vs.
WILFREDO MILAN; ET AL,
Defendants.
Plaintiff's Certification Regarding Original Promissory Note
Pursuant to Florida Statutes, §702.015(4), under penalty of perjury, I certify Plaintiff is in
possession of the original promissory note, a true and correct copy of which is attached to this certificate
as Exhi it A. I further certify at the time of this verification, the original promissory note is located at
Tripp Scott, P.A., Attorneys for Plaintiff, 110 S.E. 6" Street, Fort Lauderdale, Florida. I personally
f
verified OSSESS' an) the original promissory note at this location on at
S Ie AM
Dated this Z{ day of Tune » 2017.
TRIPP SCOTT, P.A.
Attorneys for Plaintiff
110 SE 6th Street, 15th Floor
Fort Lauderdale, Florida 33301
Tel. 954-765-2999
Fax 954-761 8475
By.
H. MIGHAEL SOLLOA, JR., ESQ.
Florida Bar No. 37854
17-029998
EXHIBIT A
® NOTE
@ a
April 4, 2005 Port Charlotte FL
(Date) (City) (State)
3063 Pellam Boulevard, Port Charlotte, FL 33952
(Property Address)
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received, | promise to pay U.S. $ 130,500.00 (this amount is called "principal"),
plus interest, to the order of the Lender. The Lender is EquiFirst Corporation
I will make all payments under this Note in the form of cash, check or money order.
I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer
and who is entitled to receive payments under this note is called the "Note Holder."
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pa:
interest at a yearly rate of 6.990%. The interest rate required by this Section 2 is the rate I will pay both before
and after any default described in Section 6(B) of this Note.
3, PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month,
I will make my monthly payment on the Ist day of each month beginning on June 1, 2005. 1 will make these
payments every month until | have paid all of the principal and interest and any other charges described below
that | may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be
applied to interest before principal. If on, May 1, 2035 , | still owe amounts under this Note, I will pay those
amounts in full on that date, which is called the "maturity date.”
1 will make my monthly payments at
EquiFirst Corporation , 500 Forest Point Circle , Charlotte, NC 28273
or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 867.35.
4, BORROWER'S RIGHT TO PREPAY
(A) Prepayment I have the right to make payments of principal at any time before they are due. A payment of
principal only is known as a "prepayment". When | make a prepayment, | will tell the Note Holder in writing that 1 am
doing so. If] make a partial prepayment, there will be no changes in the due date or in the amount of my monthly
payment unless the Note Holder agrees in writing to those changes.
(B) Prepayment Penalty
If I prepay this loan in full within 3 year(s) from the date of this loan, | agree to pay a prepayment penalty in an
amount equal to 6.00% of the balance of the loan outstanding on the date of prepayment. This amount, known as a
prepayment penalty, will be in addition to any other amounts | may owe under the provisions of the Note or the
Security Instrument that secures the Note. If] make 3 repayment in full on or after the 3rd anniversary date of the
Note, the Note Holder will impose no prepayment penalty.
Mulitstate Fixed Rate Note-Single Family
(EFSN) 2/00 (Florida Version)
Loan Number aaa Page | of 3 Initials WA
5, LOAN CHARGES ® @
_ Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit:
and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note
Holder may choose to make this refund by reducing the principal I owe under this Note or by makinga direct
payment to me. Ifa refund reduces principal, the reduction will be treated as a partial prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my
overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment,
(B) Default
If do not pay the full amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
IfI am in default, the Note holder may send me a written notice telling me that if ] do not pay the overdue
amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which
has not been paid and all the interest that | owe on that amount, That date must be at least 30 days after the date on
which the notice is mailed to me or delivered by other means,
(D) No Waiver By Note Holder
Even if, at a time when I am in default. the Note Holder does not require me to pay immediately in full as
described above, the Note Holder will still have the right to do so if ] am in default at a later time.
(E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the
tight to be paid back by me for all of its costs nd expenses in enforcing this Note to the extent not prohibited by
applicable law. Those expenses include, for example. reasonable attorneys' fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this Note will be
given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different
address if | give the Note Holdera notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it
by first class mail to the Note Holder at the address stated in Section 3(A) above or a different address if I am given
a notice of that different address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of the
promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor,
surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations,
including the obligations of a guarantor, surcty or endorser of this Note, is also obligated to keep all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against each person individually or
against all ofus together. This means that any one of us may be required to pay all of the amounts owed under this
Note.
9. WAIVERS
and any other person who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
EFSN
Loan Number Page 2 of 3 Initials WA
10, UNIFORM SECURED a
. This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections
given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security
Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if
Ido not keep the promises which I make in this Note. That Security Instrument describes how and under what
conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of
those conditions are described as follows:
[fall or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a
natural person and a beneficial interest in Borrower is sold or transferred ), without Lender's prior written
consent, Lender may require immediate payment in [ull of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not Jess than 30 days from the datc the notice is given in accordance with Section15 within which
Borrower must pay all sums secured by this curity Instrument. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due to this Note has been paid on the Mortgage securing this indebtedness.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
\
Ww ible hues. (Seal) (Seal)
Wilfredo Milan -Borrower -Borrower
(Seal) (Seal)
-Borrower Borrower
— (Seal) (Seal)
-Borrower -Borrower
(Seal) (Seal)
“Borrower Borrower
EFSN
Loan Number [EB Page 3 of 3 Initials Wr
© @
Note Endorsements
Borrower(s): Wilfredo Milan
Property Address: 3063 Pellam Boulevard, Port Charlotte, FL 33952
PAY TO THE ORDER OF
U.S. Ban| I National Associati
as Trustee
WITHOUT RECOUR! SE
Resi idential Funding Corpor
ation
By.
Faber, Vice President
Without Recourse, Pay to the Order of:
RESIDENTIAL FUNDING CORPORATION
EquiFirst Corporation
By:
Richard Tarlton
Assistant Vice President
Page 1 of 1
EFSnendr (7/03)
GMAC#
COLy a
ALLONGE
This endorsement is a permanent part of the Note in the amount of $130,500.00
BORROWER: WILFREDO MILAN
PROPERTY: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952
PAY TO THE ORDER OF:
RESIDENTIAL FUNDING COMPANY, LLC
WITHOUT RECOURSE
US BANK NATIONAL ASSOCIATION AS TRUSTEE BY RESIDENTIAL FUNDING
COMPANY, LLC FKA RESIDENTIAL FUNDING CORPORATION, ITS ATTORNY IN
FACT
bum (preven
Signor: ALISON CAMERON
Title: AUTHORIZED OFFICER
GMAC#:
COL ID#:
ALLONGE
This endorsement is a permanent part of the Note in the amount of $130,500.00
BORROWER: WILFREDO MILAN
PROPERTY: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952
PAY TO THE ORDER OF:
GLAV FUND I TRUST
WITHOUT RECOURSE
RESIDENTIAL FUNDING COMPANY, LLC
(iliser) Chine Ki))
Signor: ALISON CAMERON
Title: AUTHORIZED OFFICER
ALLONGE FOR THE PURPOSE OF NOTE ENDORSEMENT
To be attached to, and made part of the original note
Loan Number: 7
‘Original amount: $130,500
Borrower Name: WILFREDO MILAN, JOINTED BY HIS WIFE LISSETTE REIGOSA
Property Address: 3063 PELI.AM BOULEVARD, PORT CHARLOTTE, FL, 33952
—
Executed on June 13, 2012
WITHOUT RECOURSE, PAY TO THE ORDER OF:
NOTEZ, LLC, a Florida limited liability company
GLAV FUND I TRUST
By: Granite Loan Solutions LLC,
Its: Trust Administrator
B =e
Jeff D. Merrick, maging Director
ALLONGE TO NOTE
Original Loan Amount: $130,500.00
Borrower Name(s): WILFREDO MILAN
Property Address: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952
Original Note Date: 4/4/2005
Pay to the Order of: FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC,
a Florida limited liability company, WITHOUT RECOURSE.
Dated: JUNE 18, 2012
IN WITNESS WHEREOF, the undersigned caused this Allonge to be executed as of
this 18th day of June, 2012.
NOTEZ, LLC, a Florida limited liability
company 2
7
By:
Shayeh Dov, its Managing Member
EXHIBIT B
nl Zi
Hee
‘®@ T. SCOTT, CLERK
Return To: CHARLOTTE COUNTY
EquiFirst Corporation OR BOOK @2679
Attn: Collateral M PGS 0159-0176 (18 Pg(s))
500 Forest Point Circle FILE NUMBER 1367627
Charlotte, NC 28273 RECORDED @4/13/20@5 11:38:18 AM
RECORDING FEES 154.50
MTG DOC 456.75
This document was prepared by: INTANGIBLE 261.60
April Vane
500 Forest Point Circle,
Charlotte, NC 28273
J “| v
A “FLORIDA
2575-A TAMIAMI TRAIL
PORT CHARLOTTE, FL 33952 MORTGAGE
ve
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are
also provided in Section 16.
(A) "Security Instrument" means this document. which is datedApril 4, 2005
together with all Riders to this document.
(B) "Borrower" is Wilfredo Milan, joined by his wife Lissette Reigosa
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is EquiFirst Corporation
a
FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01
By, AALFL) 0005)01
Page 1 of 16 Unitas W tA f
a ce
VMP MORTGAGE FORMS - (800)621-7201
(MAGED iN MURDOCK
Lender isa Corporation
organized and existing under the laws of North Carolina
Lender's address is 500 Forest Point Circle, Charlotte, NC 28273
(E) "Note" means the promissory note signed by Borrower and dated April 4, 2005
The Note states that Borrower owes Lender one hundred thirty thousand five hundred
and 00/100 Dollars
(U.S. $130,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than May 1, 2035
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges
due under the Note, and all sums due under th Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]
[2] Adjustable Rate Rider [_] Condominium Rider [] second Home Rider
Balloon Rider Planned Unit Development Rider (Lia Family Rider
VA Rider Biweckly Payment Rider LJ Other(s) [specify]
PrePayment Penalty Rider
(D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final.
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrumen which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the
Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and/or condition of the Property
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
7
Zp FALFLI 0006301 Page 2 of 16
ven WA YE Form 3010 1/01
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C, Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional or successor legislation or regulation that governs the same subject matter. As used
in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan” under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction]
of Charlotte [Name of Recording Jurisdiction):
See Attached Exhibit A
Parcel ID Number: 00048360000002 which currently has the address of
3063 Pellam Boulevard [Street]
Port Charlotte [City], Florida 33952 [Zip Code]
("Property Address"):
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
urtenances, and fixtures now or hereafter a part of the property. All replacements and
easements, 4]
i
additions shi all also be covered by this Security Instrument, All of the foregoing is referred to in this
Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and nder’’s successors and assigns) has the right: to exercise any
or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to
take any action required of Lender including, but not limited to, releasing and canceling this Security
Instrument.
Page
3 of 18
wom WA LE Form 3010 1/04
BAU (0005).01
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Fscrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
such other location as may be designated by |.ender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument,
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received
from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
7 vise WY ALE
ZED; BALFL) 0008)03 Page 4 of 18 Form 3010 1/04
can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary
prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under
the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, unti] the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain p
Preview
Filing # 58403939 E-Filed 06/28/2017 05:13:58 PM IN THE CIRCUIT COURT GF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARIOTTE COUNTY, FLORIDA CIVIL DIVISION FLORIDA OPPORTUNITY REAL CASE NO: 17000587CA ESTATE INVESTMENT, LLC, Plaintiff. vs. WILFREDO MILAN: LISSETTE REIGOSA; ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINS? A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED; UNKNOWN ENANT #1; UNKNOWN TENANT #2, Detendants. VERIFIED COMPLAINT Plaintiff, FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, through its undersigned counsel, sues Defendants, WILFREDO MILAN; LISSETTE REIGOSA; ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION. OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLF OR INTEREST IN THE PROPERTY HEREIN DESCRIBED; UNKNOWN TENANT #1; UNKNOWN TENANT #2, and alleges: Page tof? a GI: RAL ALLEGATIONS 1 This is an action for equitable relief, or alternatively for damages in excess of $15,000.00, to foreclose a mortgage on real property located in CHARLOTTE County, and tor other relief within the subject matter jurisdiction of this Court 2.2 This is an action that involves parties and property located within the venue of this Court, and venue is otherwise proper pursuant to Chapter 47, Florida Statutes. 3 All parties to this acuen are properly before this Court, and this Court has personal jurisdiction over the parties. Plaintiff, its successors and assigns, has the right to exercise any and all interests of the morigage, including but not limited to, the right to foreclose the subject property. 4 On or about April 4. 2005, WILFREDO MILAN (hercinafier the “Borrower(s)”) executed and delivered a Promissory Note in the original principal amount of $130,500.00. A Certification of Possession of Origina! Promissory Note and a copy of the Promissory Note (the “Note”) are attached hereto as composite Exhibit “A”, 3 On or about April 4. 2605. WILFREDO MILAN and LISSETTE REIGOSA, executed and delivered a Mortgaye (the “Mortgage”) securing payment of the Note. The Mortgage was recorded in Official Records BK 2679 PG 159 of the Public Records of CHARLOTTE County, Florida. A copy of the Mortgage is attached hereto as Exhibit “B". Said Mortgage was subsequently assigned to (.S. BANK NATIONAL ASSOCIATION, by virtue of an A: gnment of Mortgage recorded in Official Records BK 3688 PG 1605, and also to RESIDENTIAL FUNDING COMPANY. LLC, by virtue of an Assignment of Mortgage recorded in Official Records BK 3688 PCi 1604, and also to GLAV FUND 1 TRUST by virtue of an Assignment of Mortgage recorded in Official Records BK 3688 PG 1603, and also to 17-029998 Page 2 of 7 — ~ — NOTEZ, LLC, by virtue of an Assigi nent of Mortgage recorded in Official Records BK 3688 PG 1602, and also to FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC by virtue of an Assignment of Mortgage recorded in Official Records BK 3688 PG 1601, of the Public Records of CHARLOTTE County, Florida. Copies of the recorded Assignments of Mortgage are attached hereto as Exhibit "C” 6. Plaintiffis the owner and holder of the Note and Mortgage and is entitled to enforce the instruments in accordance with §673.3011 Florida Statutes and Fla. R. Civ. Pro, !.210(a). 7 All conditions precedent to the Hiing of this action have been met by Plaintiff. A copy of the Notice of Demand is attached hereto as Exhibit “D”. 8 By virtue of Borrower's failure to make payments when due, Plaintiff has been forced to retain the services of the undersiy ce { counsel, and has agreed to pay said attorneys 4 reasonable [ce for their services. COUNT I- MORTGAGE FORECLOSURE 9. Plaintiff re-adopts and re-allces paragraphs | through 8 set forth above. 10. This is an action to foreclose a mortgage on real property located in CHARLOTTE County, Florida. I. The legal description of the rea: property sought to be foreclosed is: LOT 23, BLOCK 232, PORT CHARLOTTE SUBDIVISION SECTION EIGHT, ACCORDING 1O THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4. PAGES 16A THROUGH 1627 INCLUSIVE, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 12. The Defendant(s), WIL. REDO MILAN and LISSETTE REIGOSA, own(s) the property. 17-029998 Page 3 of 7 ————— a Soo 13, ‘There is a default for the July | 2012, payment and all subsequent payments. 14, Plaintitf is authorized and hereby declares the full amount under the Note to be due and payable. 15. Borrower(s) owes Plaintift the principal sum of $125,687.50, plus outstanding and accrued interest from June |, 2012. late charges, attorney's fees and costs, and all expenses incurred in preparation of the title search for ascertaining necessary partics to this action, as well as other potential charges as provided in the loan documents. including, but not limited to, any sums advanced, or to be advanced. by F nuit for the payment of taxes or insurance or other expenses to protect Plaintiff's security interest or to maintain and preserve the subject real property. 16 Plaintiff has obligated itself to pay the undersigned attorneys a reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note and mortgage. 17. Defendant. WILFREDU MILA‘, is joined because it may claim some interest in, ar lien upon, the subject property by virtue of actual possession, but any such interest is subordinate and inferior to the interest of Plaintifl’s Martgage. 18. Defendant, LISSETTE REIGOSA, is joined because it may claim some interest in, or lien upon, the subject property by virtue of actual possession, but any such interes Ss subordinate and inferior to the interest of Planuti’s Mortgage. 19. Defendant, UNKNOWN TENANT 41, fictitious name Tepresenting a tenant in Possession, may claim some interest in, or lien upon, the subject property by virtue of actual possession, but any such interest is subordinate and inferior to the interest of Plaintiff's Mortgage. 17-029998 4of7 ne 7 ——— 20. Defendant, UNKNOWS TENANT 42. fictitious name representing a tenant in possession, may claim some interest in. or lien upon, the subject property by virtue of actual possession, but any such interest is subordinate and inferior to the interest of Plaintiff's Mortgage. 21. In addition to all other named Defendants. ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH. UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION. OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE SUBJECT PROPERTY HEREIN DESCRIBED, may be interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees, assignees, licnors, creditors, trustees or other chimants by. through, under or against a known person who is dead or not known to be dead or alive. or hy virtue of any interest in, or claim to, the property which is the subject of this action or other eas the case may be. These interests, if any. are subordinate and inferior to Plaintiff's Mortgage WHEREFORE, Plaintiff pray an follows. a) That this Court take jurisdiction of this action and all parties named in this Complaint, and that this Court permit Plaintiff to join in this action by appropriate amended pleading any such additional parties as may be uecessary for a full and complete determina tion of Plaintiff's rights on the lien of its Mort gage, as amended: b) That this Court make au accounting of the sum due to Plaintiff under the Note and Mortgage sued upon herein, together with mterest, costs, sums advanced by Plaintiff to protect its security interest or to maintain or pr eserve the subject property, including but not limited to payment of environmental inspectious and assessments, taxes, insurance and reasonable attorney's fees incurred by Plaintiff, 17-029998 Page Sof7 —————— —_ Lo ee —— ce) That this Court enter an Order requiring Borrower(s) to pay the amounts determined by this Court to be due and ow ing under the Note and Mortgage and that the sum of money found to be due, as aforesitid he decreed by this Court, to be a lien upon the lands described in Plaintiff's Mortgage. If the sum ordered by this C ourt to be paid is not paid within the time set by this Court, that the sub property be sold at public foreclosure sale to satisfy Plainiff's claim. d) 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 uny person or parties claiming by, through or under them since the filing of the Lis Pendens: c) That all nght, title or interest of the Defendants, or any person claiming by, through or under them, be forever barred and for eclosed; and ' That this Court retain jurisdiction to enter such further awards, including deficiency judgments, to the extent permiticd by applicable Bankrup tcy and State | ‘aws, and writs of possession, and to grant any and all additional relief as the C ourt may deem just, necessary and proper under the circumstances. [THIS SPACE IS INTENTIONALLY LEFT BLANK] 17-029998, Page 6 of 7 a ~ TO ALL DEFENDANTS: PLEASE NOTE THAT EFFECTIV E OCTOBER 13, 2006, 15 U.S.C. §1692G OF THE FAIR DEBT COLLECTION PRACTICES ACT HAS BEEN AMENDED AS FOLLOW. {a) LEGAL PLEADINGS — Section 809 of the Fair Debt Collec tion Practices Act (15 U.S.C. §16928) is amended by adding at the end the following new subsectio (d) Lega! Pleadings — A communicatio: in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a).” Dated this ZB day or June 2017. PRIPP SCOTT, P.A. Attorneys for Plaintiff i 10 SE 6th Street, 15th Floor § ort Lauderdale, Florida 33301 934-765-2999 Fax. 954-76] 475 By ~ 1. MIC AEL SOLLOA ESQ. Florida Bar No. 37854 uixs(Qirippscott.com VERIFICATION Under penaity of perjury, | declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief, / Signatfire # — Massiare fyuce. _ Printed Name + _ mM age ing Member _ we hoy Tithe FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT. LLC 17-029998 Page 7 of 7 _ _ a — IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL DIVISION FLORIDA OPPORTUNITY REAL ESTATE CASE NO: INVESTMENT, LLC, Plaintiff, vs. WILFREDO MILAN; ET AL, Defendants. Plaintiff's Certification Regarding Original Promissory Note Pursuant to Florida Statutes, §702.015(4), under penalty of perjury, I certify Plaintiff is in possession of the original promissory note, a true and correct copy of which is attached to this certificate as Exhi it A. I further certify at the time of this verification, the original promissory note is located at Tripp Scott, P.A., Attorneys for Plaintiff, 110 S.E. 6" Street, Fort Lauderdale, Florida. I personally f verified OSSESS' an) the original promissory note at this location on at S Ie AM Dated this Z{ day of Tune » 2017. TRIPP SCOTT, P.A. Attorneys for Plaintiff 110 SE 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Tel. 954-765-2999 Fax 954-761 8475 By. H. MIGHAEL SOLLOA, JR., ESQ. Florida Bar No. 37854 17-029998 EXHIBIT A ® NOTE @ a April 4, 2005 Port Charlotte FL (Date) (City) (State) 3063 Pellam Boulevard, Port Charlotte, FL 33952 (Property Address) 1, BORROWER'S PROMISE TO PAY In return for a loan that I have received, | promise to pay U.S. $ 130,500.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is EquiFirst Corporation I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pa: interest at a yearly rate of 6.990%. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3, PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month, I will make my monthly payment on the Ist day of each month beginning on June 1, 2005. 1 will make these payments every month until | have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of it's scheduled due date and will be applied to interest before principal. If on, May 1, 2035 , | still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date.” 1 will make my monthly payments at EquiFirst Corporation , 500 Forest Point Circle , Charlotte, NC 28273 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 867.35. 4, BORROWER'S RIGHT TO PREPAY (A) Prepayment I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment". When | make a prepayment, | will tell the Note Holder in writing that 1 am doing so. If] make a partial prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. (B) Prepayment Penalty If I prepay this loan in full within 3 year(s) from the date of this loan, | agree to pay a prepayment penalty in an amount equal to 6.00% of the balance of the loan outstanding on the date of prepayment. This amount, known as a prepayment penalty, will be in addition to any other amounts | may owe under the provisions of the Note or the Security Instrument that secures the Note. If] make 3 repayment in full on or after the 3rd anniversary date of the Note, the Note Holder will impose no prepayment penalty. Mulitstate Fixed Rate Note-Single Family (EFSN) 2/00 (Florida Version) Loan Number aaa Page | of 3 Initials WA 5, LOAN CHARGES ® @ _ Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal I owe under this Note or by makinga direct payment to me. Ifa refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment, (B) Default If do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default IfI am in default, the Note holder may send me a written notice telling me that if ] do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that | owe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means, (D) No Waiver By Note Holder Even if, at a time when I am in default. the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if ] am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the tight to be paid back by me for all of its costs nd expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example. reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holdera notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or a different address if I am given a notice of that different address, 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surcty or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all ofus together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. EFSN Loan Number Page 2 of 3 Initials WA 10, UNIFORM SECURED a . This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if Ido not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: [fall or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred ), without Lender's prior written consent, Lender may require immediate payment in [ull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Jess than 30 days from the datc the notice is given in accordance with Section15 within which Borrower must pay all sums secured by this curity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due to this Note has been paid on the Mortgage securing this indebtedness. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED \ Ww ible hues. (Seal) (Seal) Wilfredo Milan -Borrower -Borrower (Seal) (Seal) -Borrower Borrower — (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) “Borrower Borrower EFSN Loan Number [EB Page 3 of 3 Initials Wr © @ Note Endorsements Borrower(s): Wilfredo Milan Property Address: 3063 Pellam Boulevard, Port Charlotte, FL 33952 PAY TO THE ORDER OF U.S. Ban| I National Associati as Trustee WITHOUT RECOUR! SE Resi idential Funding Corpor ation By. Faber, Vice President Without Recourse, Pay to the Order of: RESIDENTIAL FUNDING CORPORATION EquiFirst Corporation By: Richard Tarlton Assistant Vice President Page 1 of 1 EFSnendr (7/03) GMAC# COLy a ALLONGE This endorsement is a permanent part of the Note in the amount of $130,500.00 BORROWER: WILFREDO MILAN PROPERTY: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952 PAY TO THE ORDER OF: RESIDENTIAL FUNDING COMPANY, LLC WITHOUT RECOURSE US BANK NATIONAL ASSOCIATION AS TRUSTEE BY RESIDENTIAL FUNDING COMPANY, LLC FKA RESIDENTIAL FUNDING CORPORATION, ITS ATTORNY IN FACT bum (preven Signor: ALISON CAMERON Title: AUTHORIZED OFFICER GMAC#: COL ID#: ALLONGE This endorsement is a permanent part of the Note in the amount of $130,500.00 BORROWER: WILFREDO MILAN PROPERTY: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952 PAY TO THE ORDER OF: GLAV FUND I TRUST WITHOUT RECOURSE RESIDENTIAL FUNDING COMPANY, LLC (iliser) Chine Ki)) Signor: ALISON CAMERON Title: AUTHORIZED OFFICER ALLONGE FOR THE PURPOSE OF NOTE ENDORSEMENT To be attached to, and made part of the original note Loan Number: 7 ‘Original amount: $130,500 Borrower Name: WILFREDO MILAN, JOINTED BY HIS WIFE LISSETTE REIGOSA Property Address: 3063 PELI.AM BOULEVARD, PORT CHARLOTTE, FL, 33952 — Executed on June 13, 2012 WITHOUT RECOURSE, PAY TO THE ORDER OF: NOTEZ, LLC, a Florida limited liability company GLAV FUND I TRUST By: Granite Loan Solutions LLC, Its: Trust Administrator B =e Jeff D. Merrick, maging Director ALLONGE TO NOTE Original Loan Amount: $130,500.00 Borrower Name(s): WILFREDO MILAN Property Address: 3063 PELLAM BOULEVARD, PORT CHARLOTTE, FL 33952 Original Note Date: 4/4/2005 Pay to the Order of: FLORIDA OPPORTUNITY REAL ESTATE INVESTMENT, LLC, a Florida limited liability company, WITHOUT RECOURSE. Dated: JUNE 18, 2012 IN WITNESS WHEREOF, the undersigned caused this Allonge to be executed as of this 18th day of June, 2012. NOTEZ, LLC, a Florida limited liability company 2 7 By: Shayeh Dov, its Managing Member EXHIBIT B nl Zi Hee ‘®@ T. SCOTT, CLERK Return To: CHARLOTTE COUNTY EquiFirst Corporation OR BOOK @2679 Attn: Collateral M PGS 0159-0176 (18 Pg(s)) 500 Forest Point Circle FILE NUMBER 1367627 Charlotte, NC 28273 RECORDED @4/13/20@5 11:38:18 AM RECORDING FEES 154.50 MTG DOC 456.75 This document was prepared by: INTANGIBLE 261.60 April Vane 500 Forest Point Circle, Charlotte, NC 28273 J “| v A “FLORIDA 2575-A TAMIAMI TRAIL PORT CHARLOTTE, FL 33952 MORTGAGE ve DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document. which is datedApril 4, 2005 together with all Riders to this document. (B) "Borrower" is Wilfredo Milan, joined by his wife Lissette Reigosa Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender" is EquiFirst Corporation a FLORIDA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3010 1/01 By, AALFL) 0005)01 Page 1 of 16 Unitas W tA f a ce VMP MORTGAGE FORMS - (800)621-7201 (MAGED iN MURDOCK Lender isa Corporation organized and existing under the laws of North Carolina Lender's address is 500 Forest Point Circle, Charlotte, NC 28273 (E) "Note" means the promissory note signed by Borrower and dated April 4, 2005 The Note states that Borrower owes Lender one hundred thirty thousand five hundred and 00/100 Dollars (U.S. $130,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than May 1, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges due under the Note, and all sums due under th Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable] [2] Adjustable Rate Rider [_] Condominium Rider [] second Home Rider Balloon Rider Planned Unit Development Rider (Lia Family Rider VA Rider Biweckly Payment Rider LJ Other(s) [specify] PrePayment Penalty Rider (D "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrumen which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 7 Zp FALFLI 0006301 Page 2 of 16 ven WA YE Form 3010 1/01 (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C, Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan” under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of Charlotte [Name of Recording Jurisdiction): See Attached Exhibit A Parcel ID Number: 00048360000002 which currently has the address of 3063 Pellam Boulevard [Street] Port Charlotte [City], Florida 33952 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all urtenances, and fixtures now or hereafter a part of the property. All replacements and easements, 4] i additions shi all also be covered by this Security Instrument, All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and nder’’s successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. Page 3 of 18 wom WA LE Form 3010 1/04 BAU (0005).01 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1, Payment of Principal, Interest, Fscrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by |.ender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds, Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument, 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment 7 vise WY ALE ZED; BALFL) 0008)03 Page 4 of 18 Form 3010 1/04 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note, unti] the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain p