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Filing # 42015286 E-Filed 05/26/2016 01:15:07 PM
IN THE CIRCUIT COURT OF
THE 20th JUDICIAL CIRCUIT, IN
AND FOR CHARLOTTE
COUNTY, FLORIDA
GMAC MORTGAGE, LLC,
Plaintiff,
VS.
CASE NO. 16000960CA
JEFFREY A. DECECCHIS, UNKNOWN
SPOUSE OF JEFFREY A. DECECCHIS,
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,
JOHN DOE and JANE DOE AS
UNKNOWN TENANTS IN POSSESSION,
Defendants.
/
VERIFIED COMPLAINT TO RE-FORECLOSE A MORTGAGE
Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned attorneys, sues the
Defendants, JEFFREY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFREY A.
DECECCHIS, 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,
JOHN DOE and JANE DOE AS UNKNOWN TENANTS IN POSSESSION, and alleges:
12-02964
1 This is a complaint to re-foreclose a mortgage and to compel the Defendants to either
redeem the subject property being foreclosed or to forfeit its rights.
2 The Plaintiff was the owner and holder of a Mortgage (the “Mortgage”) executed on or
about July 11, 2008, by Defendant JEFFREY A. DECECCHIS, and recorded on July 17, 2008,
in Official Records Book 3309, Page 760, of the Public Records of Charlotte County, Florida.
The Mortgage was subsequently assigned to the Plaintiff.
3 The Mortgage was foreclosed by Plaintiff and a Final Judgment of Foreclosure was
entered in favor of Plaintiff in the amount of $71,429.82 on May 13, 2013.
4 The foreclosure sale took place on August 15, 2013, and Plaintiff was the successful
bidder at the Clerk's sale. A Certificate of Tile was issued to Plaintiff on September 18, 2013,
and it was recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the
Public Records of Charlotte County, Florida.
5 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of
Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public
Records of Charlotte County, Florida do not include the full legal description attached to or
included in the subject Mortgage.
6 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of
Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public
Records of Charlotte County, Florida, have a legal description which inaccurately reads as
follows:
LOT 22, BLOCK B, A REPLAT OF ALTA VISTA SUBDIVISION, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 4, PAGE 52, OF THE PUBLIC RECORDS OF CHARLOTTE
COUNTY, FLORIDA.
12-02964
7 The subject Mortgage actually encumbers the property described in the following
legal description:
MANUFACTURER’S NAME: BRIGHTON
MODEL: BRIG HS
MODEL YEAR: 1985
MODEL NUMBER: 64F2BD
SERIAL NUMBER: FL2786
LENGTH AND WIDTH: 60! X 25'
LOT 22, BLOCK B, A REPLAT OF ALTA VISTA SUBDIVISION, A
SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 4, PAGE 52, OF THE PUBLIC RECORDS OF CHARLOTTE
COUNTY, FLORIDA.
8 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of
Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public
Records of Charlotte County, Florida did not include the legal description for the Mobile Home
included in the Mortgage.
9 Plaintiff is presently the owner of the subject property exclusive of the Mobile Home.
10. All of the rights, title and interest of the Defendants to the Mobile Home are subordinate
and inferior to that of the Plaintiff, and the Court should enter a Final Judgment foreclosing and
terminating any such right, title and interest of the Defendants in the Mobile Home on the subject
property.
IL. Pursuant to Quinn Plumbing Company, Inc. v. New Miami Shores Corporation, 129 So.
690 (Fla. 1930) and Lucas v. Barnett Bank of Lee County, 705 So.2d 115 (Fla. 2d DCA1998), the
Plaintiff has filed this action to re-foreclosure the Mortgage because the Final Judgment and
Certificate of Title did not include the Mobile Home’s legal description included in the subject
Mortgage.
12. Attached hereto as Exhibit "A" is a copy of the original Complaint, Note and Mortgage.
12-02964
10. Attached hereto as Exhibit "B" is a copy of the Certificate of Title and an Assignment of
Mortgage showing the Plaintiff as the present owner of the real property described in the
Certificate of Title.
ll. Attached as Exhibit “C” is a copy of the mortgage held by the Defendants which includes
the legal description for the Mobile Home.
12. The Mortgage provides for reasonable attorney’s fees and expenses associated with a
foreclosure, and the Plaintiff requests the court to adjudicate a reasonable attorney’s fee, all
expenses associated with this re-foreclosure, interest, and court costs.
DEMAND FOR RELIEF
WHEREFORE, Plaintiff hereby respectfully requests that the Court:
(a) Take jurisdiction of the parties hereto and of the subject matter hereof;
(b) Enter a Final Judgment of Foreclosure of the subject Mobile Home and give the Defendant
ten days from the date of the Final Judgment within which to redeem the property or thereafter
be forever foreclosed of any right, title or interest. Pursuant to the terms of the Note and
Mortgage, the Plaintiff would request reasonable attorney's fees, interest, court costs and other
costs associated with this re- foreclosure action.
12-02964
(c) Grant Plaintiff such other and further relief as equity may deem just and proper.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
a Print Name: Katie Drouin
Title: Contract Management
Company: GMAC MORTGAGE, LLC
State of: nae
County of:
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Plaintiff, who
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NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
PURSUANT TO SECTION 809 OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15
U.S.C. §1692g, “A COMMUNICATION IN THE FORM OF A FORMAL PLEADING IN A
CIVIL ACTION SHALL NOT BE TREATED AS AN INITIAL COMMUNICATION,
Masa2 May 11,2016 20186
Respectfully submitted,
s/ Clive N. Morgan
Clive N. Morgan
Florida Bar No. 357855
MORGAN LEGAL, P.A.
6675 Corporate Center Parkway
Suite 301
Jacksonville, FL 32216
Telephone: 904-508-0777
PRIMARY SERVICE
pleadings@clivemorgan.com
Attorney for Plaintiff
12-02964
EXHIBIT A
IN THE CIRCUIT COURT OF
THE 20TH JUDICIAL CIRCUIT,
IN AND FOR CHARLOTTE
COUNTY, FLORIDA
GMAC MORTGAGE, LLC,
PLAINTIFF,
vs.
CASENO. 12.142 2¢hK
JEFFERY A. DECECCHIS, UNKNOWN
SPOUSE OF JEFFERY A. DECECCHIS,
ANY AND ALL UNKNOWN PARTIES
CLAIMING BY, THROUGH, UNDER
AND AGAINST THE HEREIN NAMED
INDIVIDUAL DEFENDANT(S) WHO FILED
ARE NOT KNOWN TO BE DEAD OR CLERK OF THE CIRCUIT COURT
ALIVE, WHETHER SAID UNKNOWN
PARTIES MAY CLAIM AN INTEREST
AS SPOUSES, HEIRS, DEVISEES, {u Jia
GRANTEES OR OTHER CLAIMANTS,
JOHN DOE AND JANE DOE AS
UNKNOWN TENANTS IN POSSESSION,
DEFENDANTS.
VERIFIED COMPLAINT TO FORECLOSE RTGA E
Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned attorneys, sues the
Defendants, JEFFERY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS
and 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;
JOHN DOE and JANE DOE AS UNKNOWN TENANTS IN POSSESSION, and hereby alleges
as follows:
1 This is an action to foreclose the Mortgage on real property (the “Property”)
located in CHARLOTTE County, Florida.
2 On or about JULY 11, 2008, Defendant JEFFERY A. DECECCHIS (the
“Borrower”) executed and delivered a promissory Note and Mortgage. The Mortgage was
recorded on JULY 17, 2008, in Official Records Book 3309, Page 760 of the Public
Records of CHARLOTTE County, Florida, and was subsequently assigned to Plaintiff. A
copy of the Mortgage and a copy of the Note are attached hereto and incorporated herein
as Exhibit “A”.
3 Defendant, JEFFERY A. DECECCHIS is the record owner of the Property sought
to be foreclosed by the Plaintiff's Mortgage.
4. Defendants JEFFERY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFERY A.
DECECCHIS and ANY AND ALL UNKNOWN PARTIES are persons or entities who
have or may claim some right, title or interest in the Property sought to be foreclosed by
Plaintiff's Mortgage.
5 Plaintiff owns and holds the note and Mortgage.
6. Defendant, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS, may claim an
interest in the property in part by virtue of homestead rights granted under Florida law.
However, said interest is subordinate and inferior to the lien of the Plaintiff's Mortgage.
7. There has been a default under the Note and Mortgage in that the payment due
DECEMBER I, 2011, and each and every payment due thereafter have not been made.
8 Plaintiff has, if required by the Note and Mortgage, demanded payment of the
obligation reflected by the Note and Mortgage, but despite such demand, said default has
not been cured.
9. On or about, FEBRUARY 1, 2012, a letter was sent to the Borrower advising the
Borrower of a default under the Note and Mortgage, and providing the Mortgagee’s
intent to accelerate all principal and interest under the Note and Mortgage to be
immediately payable.
10. In order to protect its security, the Plaintiff may have advanced and paid ad
valorem taxes, insurance premiums required by the Mortgage and other necessary costs,
or may be required to make such advances during the pendency of this action. Any such
sum so paid will be secured by the lien of the Mortgage and due and owing to Plaintiff.
i. Plaintiff is due the sum of FIFTY-EIGHT THOUSAND SEVEN HUNDRED
TWENTY AND 97/100 DOLLARS ($58,720.97) in principal under the Note and
Mortgage, plus interest from NOVEMBER 1, 2011, escrow and title search expenses for
ascertaining necessary parties to this action.
12, As a result of the default under the Note and Mortgage, it has become necessary
for the Plaintiff to retain the services of Pendergast & Morgan, P.A., to prosecute this
action. The Plaintiff has agreed and is obligated to pay its attorneys a reasonable fee and
costs for the prosecution of this foreclosure action. Pursuant to the terms and provisions
of the Note and Mortgage, Plaintiff is entitled to recover reasonable attorneys’ fees in
bringing this action.
13. By virtue of the terms and conditions of the Mortgage, the Borrower has agreed to
pay reasonable attorneys’ fees and costs that Plaintiff, its successors or assigns incur to
collect the indebtedness secured by the Mortgage or to enforce the Plaintiff's rights there-
under, which fees and costs are secured by the lien of the Mortgage.
14, Defendants, JOHN DOE and JANE DOE, may claim an interest in the Property
as tenants pursuant to a lease agreement, either written or oral or by virtue of their
possession of the subject property. However, said interest is either invalid or subject,
subordinate, and inferior to the lien of Plaintiff's Mortgage.
15, In addition to all other 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. However, the claims of said parties are either
invalid or subject, subordinate, and inferior to the lien interest of Plaintiff's Mortgage.
16. All conditions precedent to the enforcement of Plaintiff's right to acceleration of
the Mortgage Note, foreclosure of the Mortgage and the maintenance of this action have
been performed, have occurred, or have been waived.
DEMAND FOR RELIEF
WHEREFORE, Plaintiff hereby respectfully requests that the Court:
{a) Take jurisdiction of the parties hereto and of the subject matter hereof;
(b) Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property and is
superior to any lien of record;
(c) Order an accounting of what is due Plaintiff as principal and interest on the Note, and
costs, charges, expenses of this suit, including without limitation attorneys’ fees, title
search costs, and advancements which Plaintiff may be put to incur in this suit;
(d) Order foreclosure of the Mortgage, and that all Defendants named herein, their estates,
and all persons claiming under or against them since the filing of the Notice of Lis
Pendens or subsequent to the Mortgage be barred and foreclosed.
(e) Determine the amount due Plaintiff under the Note and Mortgage sued upon herein;
(f) Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the
Property be sold by Order of this Court to satisfy Plaintiff's claims;
(g) Order that if the proceeds from such court ordered sale are insufficient to pay Plaintiff's
claim, then a deficiency judgment be entered for the remaining sum against all
Defendants who have assumed personal liability for same and who have not received a
discharge in bankruptcy;
(h) Order that upon the entry of a Certificate of Title by this Court, the holder of the
Certificate shall have immediate possession of the Property, who shall be responsible for
condominium, homeowner association assessments or other charges in accordance with
§§718.116 or 720.3085, Florida Statutes (2007), respectively;
@ Order that a receiver be appointed of the Property and of the rents, issues, income and
profits thereof, or in the alternative, order sequestration of rents, issues, income and
profits pursuant to Section 697.07, Florida Statutes (2006);
@ Order that upon proof of the demand or refusal of any Defendant to vacate and surrender
such possession, the clerk be directed to issue a writ of possession without further order
of this Court;
(k) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement
to a deficiency judgment and the amount thereof; and
() Grant Plaintiff such other and further relief as equity may deem just and proper.
VERIFICATION OF COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and bel A
By: é@
Print Name:
Pennsylvania: ‘ Title: Authorized Offeee
State of:
County of: —ientgomery
mney
The foregoing instrument was acknowledgs
‘ » 2012, by
uthorized Officer’ of
asiarpieye
7
\ day of
as
G Hag Vow }yegh. CIC. on behalfof
the Plaintiff, who is either [ ] personally known to me, or [ fwho produced a
as identification.
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COMMONWEALTH OF PENNSYLVANIA
EAL
NO
Notary Public {Seal} KELLY T. CUN! \AM, Notary Public
Printed Name: __ Kelly ¢. Cunningham City of Phitadelpnia, Phila. County
— My Commission Expires February 24, 2016
My commission expires:
Ne 10’ iT! ICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
PURSUANT TO SECTION 809 OF THE FAIR DEBT COLLECTION PRACTICES ACT,
15 U.S.C. §1692g, “A COMMUNICATION IN THE FORM OF A FORMAL PLEADING
IN A CIVIL ACTION SHALL NOT BE TREATED AS AN INITIAL
COMMUNICATION...”
uy b , 2012
Respectfully submitted,
By: Lie LZ Lew
Clive N. Morgan
Florida Bar # 357855
Pendergast & Morgan, P.A.
Attomey for Plaintiff
6675 Corporate Center Pkwy, Ste 301
Jacksonville, FL 32216
Telephone: 904-508-0777
FAX: 904-296-2669
Firm File # 12-02964
VALUE OF REAL PROPERTY OR MORTGAGE FORECLOSURE CLAIM
The form below has been designed to assist with the calculation requirements of §28.241
(1\(a)2.a, F.S., regarding mortgage foreclosure graduated filing fees, based on the estimated value
of the claim and includes the required fees for mediation, education and additional defendants.
(See chart below)
Date: Case Number:
Plaintiff: GAAC MORTGAGE, LLC
Defendants: JEFFERY A. DECECCHIS; ET AL
1 $58,720.97 Principal due on the note
2. $ 1,712.70 Interest owed on the note
$ 325.50 Total advances owed on the note including
a. $ 0,00 Property Taxes
b. $ 0.00 Insurance
c. $ 325.50 Other Advances
(The total of a, b and c provides the amount for line 3.)
$0.00 Value of Tax Certificates relating to mortgage
$60,759.17 TOTAL ESTIMATED VALUE OF CLAIM
(Add lines 1-4 to get the total for line 5)
Submitter: Pendergast & Morgan, P.A.
GRADUATED FILING FEES BASED ON THE VALUE OF THE CLAIM
$401 Value less than or equal to $50,000 with 5 defendants or less
$906 Value greater than $50,000 but less than $250, 000 with 5 defendants or less
$1,906 Value $250,000 or greater with 5 defendants or less
$2.50 Additional fee for each defendant over 5
$10.00 Additional fee for each summons to be issued
OGO2 NSB
Florida NOTE
THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS
INDEBTEDNESS .
July 11, 2008
6229 SAFFORD STREET, PUNTA GoRDa, FLORIDA 33950
L Pe
“Borrow ” means each igning at the end of this Note, and the person’s successors and assigns. “lender” means
‘TRUST ONE MORTGAGE CORPORATION, 2 CALIFORNIA Corporation
and its successors and assigns.
2 BORROWER'S PROMISE TO PAY; INTEREST
In refur for @ loan received from Lender, Borrower promises to pay the principal sum of
Sixty Thousand Nine Hundred And 00/100
Dollars (U.S. $ 60,900.00), pllus interest,to the order of Lender. interest will be charged on unpaid principal, from the date of
of the loan proceeds by Lender, at the rate of Seven percent (7.000%) per year until the full amount of principal has
disbursement
een paid.
3. PROMISE TO PAY SECURED
*s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date
as this Note and called the “Security 1” The Security Instrument protects the Lender from losses which might result if
Borrower defaults under this Note.
4. MANNER OF PAYMENT
(A) Time
Borrower shall make a payment of principal and interest to Lender on the first day of cach month beginning on
‘September 1, 2008, Any principal and interest remaining on the first day of August 1, 2038, will be due on that date, which is called
the “Maturity Date.”
shall be made at 108 PACIFICA, SUITE 300,
IRVINE, CALIFORNIA 92618or at such place as Lender may designate in writing by notice to Borrower.
(© Amount
Bach monthly payment of principal and interest will be in the amount of U.S. § 405.17. This amount will be part of a
larger monthly payment required by the Security Instrument, that shall be epplied to principal, interest and other items in the order
described in the Security Instrument.
) Allonge to this Note for payment adjustments
If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the
allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were 2 part of this
Note. (Check appticable box]
{C1 Graduated Payment Altonge 1 Growing Equity Altonge — [_] Other [specify]
5. BORROWER'S RIGHT TO PREPAY
or in part, without charge or penalty, on the first day
Borrower bes the right to pay the debt evidenced by this Note, in wholeBorrower
of any month. Lender shall accept Prepa yment
on other days provided that pays interes t prepaid
on the amount for the
remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrowe r
makes a partial
prepayr there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to
oent,
thase changes.
6. BORROWER'S FAILURE TO PAY
(A) Late Charge for Overdne Payments
If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragreph
4(C) of this Note, by the end of fifteen (15) calendar days after the payment is due, Lender may collect a late charge in the amount of
four percent (4.00%) of the overdue amount of each payment,
FHA Plerida Fized Rate Note: 10/95 ea 1098
Page | of 2
fifixat EXHIBIT A
(B) Defsutt
If Borrower defaults by failing to pay in full any ‘monthly then Lender may, except as limited by regulations
of the Secretary in the case of payment defaults, require fate payment in full of the principal balance remainingdue and all
accrued interest. Lender may choose not to exercise this ion without default. In
waiving its rights in the event of any subsequent
many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate paymentAs in usedSoll inin thethis caseof
payment defeults. This Note does not authorize acceleration when not permitted by HUD regulations. Note,
“Secretary” means the Secretary of Housing and Urban Development or his or her designee.
© Payment of Costs and Expenses
bas required immediate payment in full, as described above, Lender may require Borrower to pay costs and
expenses including reasonable and customary atlomneys” fees for enforcing this Note to the extent not prohibited by appliceble Taw.
‘Such fees and costs shell bear interest from the date of disbursement at the same rate as the principal of this Note.
1 WAIVERS
Borrower and any other person who has obligations under this Note waive the rights of and notice
of dishonor.
“Presentment” means the right to require Lender to demand payment of amounts due, “Notice of dishonor” means the right to require
Lender to give notice to other persons that amounts due have not been paid.
8. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given
it of by mailing it by first class mail to Borrower at the property address above or at a different address if Borrowerhas
by delivering
given Lender a notice of Borrower's different address.
‘Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in
Paragraph 4(B) of at a different address if Borrower is given a notice of that different address,
% 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 gusrantor, surety or endorser of this Note is also
‘obligated to do these things. Any person who takes over these obligations, including the obligations of « guarantor, surety or endorset
of this Note, is also obligated 10 Keep all of the promises made in this Note. Lender may enforce its rights under this Note against
each person ividually or against all signatories together. Any one person signing this Note may be required to pay all of the
amounts owed under this Note.
7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note.
C ECECCHIs
eal)
Borrower
PAY TO THE ORDER
WITHOUT
OF
(Seal)
“Borrower
Seal) (Seal)
~Borrower ASSISTANT SECRETARY
GMAC BANK
PAY TO THE ORDEROF
| wiour ie
LIMITED SIGNING
MORTGAGE, LLC f/x
GMAC MORTGAGE CORPORATION
PHA Florida Fired Rate Note - 10098
Page
2 of 2
PAY TO THE ORDER OF WITHOUT RECOURSE
GMAC Bank
CORPORATION
VICE PRESIOENT
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¥ BARBARA T. SCOTT, CLERK CHARLOTTE COUNTY
ACA
pre ‘OR BOOK 3309, PGS 760-771 12 pols)
fra INSTR # 17801
‘Doc Type MTG, Recorded 07/17/2006 at 02:10 PM
‘Mig Doc'$213.15 Intanglbte:5121.80 Rec. Fee: $103.50
: Cashiered By: MICHELE Ooo, #5
8
enc 621 J1S
5 Te70s!
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Return To:
TRUST ONE MORTGAGE CORPORATION
108 PACIFICA, SUITE 300
IRVINE, CALIFORNIA 92618
Aun: Sbl tpping Dept/Document Control
‘Loan Now
‘This document was prepared by:
SONIA ALBAREZ
‘TRUST ONE MORTGAGE CORPORATION
108 PACIFICA, SUITE 300
IRVINE, CALIFORNIA 92618
+
[Space Above This Line For Recording Deva}
State
of Florida MORTGAGE
THIS MORTGAGE (“Security Instrument’) is given on July 11, 2008. The Mortgagor is JEFFREY
A. DECECCHIS, ‘A SINGLE MAN, whose address is 6229 SAFFORD STREET, ONE MORTGAGE
PUNTA GORDA,
FLORIDA 33950 ("Borrower"), This Security Instrument is given to TRUST
CORPORATION, # CALIFORNIA Corporation which ich is organized and existing under the laws of the State
IRVINE, CALIFORNIA 92618,
of CALIFORNIA, and whose address is 108 PACH JFICA, SUITE 300,
C'Lender”}. Borrower owes Lender the principal sum off Sixty Thousand Nine Hundred And 06/100 Dollars
(USS. $60,900.00). This debt is evidenced by ‘Borrower's note dated the same date es this Security instrument
the full debt, iif oot paid earlier, due and payable on
(Note"), which provides for monthly payments, withLender:
Augu1,st 2038. This Security Instr secures to
ument (a) the repayment of the debt evidenced by the
(b) the payment of all other
Note, with interest, and all renewals, extensions and modificetions of the thisNote;Security
summs, with interest, advanced under paragraph 7 to the security af Instrument; and (c) the
‘performance of Berrower’s covenants ‘and agreements under this Security Instrument and the Note, For this
, Borrower does hereby mortgage, grant ‘and convey to the Lender the following described property
located in CHARLOTTE County, Florida:
MANUFACTURER'S NAME: BRIGHTON
MODEL: BRIG HS
MODEL YEAR: 1985
MODEL NUMBER: 64F2BD_
‘SERIAL NUMBER: FL2786
LENGTH AND WIDTH: 60'X 25°
LOT 22, BLOCK B, A REPLAT OF ALTA VI STA SUBDIVISION, A SUBDIVISION
ACCORDING TO THE PLAT THEREOF, AS RECORDE D IN PLA’ T BOOK 4, PAGE 52, OF
‘THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA.
y 1D Number: 0075446-0800000-4
‘PropertTax [sree]
which has the address of 6229 SAFFORD STREET
PUNTA GORDA (City, FLORIDA 33950 [Zip Code] (“Property Address”),
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered byt his Security Insmument. AH of the foregoing is referred to in this Security | Instrument as the
4096
‘RUF 2053.01 Page
1 of 8
—_- ees
|e
BORROWER COVENANTS that Borrower is lawfully seized of the estate hercby conveyed and has
except for
the right to mortgage, grant and convey the Property and that the Propertyto theis unencumbered,
Property aguinst all claims
‘encumbrances of record. Borrower warrants and will defend generally the title
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 constirate a uniform security instrament covering real
Borrower and Lender covenant and agree as follows:
‘UNTFORM COVENANTS.
1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of,
and interest on, the debt evidenced by the Note and late charges duc under the Note,
2, Monthly Payment of Taxes, Insurance aud Other Charges, Borrower shall include in each
charges,
monthly payment, together with the principal and interest as set forth in the Note and any latepayments a sum for
{@ twxes and special asseasments levied or to be levied against theunderProperty, (b) leaschold oF
rents on the Property, and (c) premiums for insurence required peragraph 4. in any year in which the
Lender must pay @ morlgage insurance premium to the Secretary of Housing and Urban Development
¢Secretary”), or in any year in which such premium would have been required if Lender still held the Security
Instrument, each monthly payment 3 shall also include either: (ij) a sum for fhe annual mortgage insurance
premi jum to be paid by Lender to the Secretary, of (ji) a monthly charge instead of a mortgage insurenceby the
premium if this Security Instrument is held by the Secretary, in @ reasonable amount to be determined
Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Item” end the sums
paid to Lender are called “Escrow Funds,
Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate theamount not 10
under
‘exceed the maximum amount that may be required for Borrower's escrow sccountregulations, Real Estate
‘Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seg. and implementing 24 CFR Part
3500, as they may be amended from time to time (“RESPA"), except that the cushion or reserve permitted by
RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the
‘account may not be based om amounts due for the mortgage insurance’
If the amounts held by Lender for Escrow Items exceed the Tanounts penitted to be held by RESPA,
Lender shall account to Borrower for the excess funds as required by RESPA. If the amoun held by
of fundsts
Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and
require Borrower to make up the shortage as permitted by RESPA.
Escrow Punds are pledged as additional security for al] sums secured by this Security Instrument.
If Borrower tenders to Lender the full payment of all such sims, Borrower's account shall be credited with the
balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that
Lender has not become obligated to pay to the Secretary, and shall promplly refund soy excess funds to
Borrower. Immediately prior to 8 foreclosure sale of the Property or its acquisition by Lender, Borrower's
items (a), (b), and (c).
account shall be credited with any belance remaining forall installments for1 and
ion All payments under paragraphs
of Payments.
3. Applicat 2 thall be applied by Lender 6s
follows:
to the mortgage insurance premiora to be paid by Lender to the Seoretary or tothe monthly charge
dy the Secretary instead of the monthly mortgage insurance prem
‘Second, to any taxes, epecial asseasments, leaschold payments or ground rents, and fire, flood and other
hazard insurance premiums,
as required;
‘Third, to interest due under the N
‘Fourth, to amortization of the principal of the Note; and
FHA Forldx Mortgage
~ 496
ARFL) (0305).01 Page 20f8
ae eee
Fifth, to late charges due under the Note,
4, Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvements on the
Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies,
including fire, for which Lender requires insurance, ‘This insurance shall be maintained in the amounts andnow forin
the periods that Lender requires. Borrower shal aso insure all improvements on the Property, whether
existence or subsequently erected, against loss by floods to the extent required by the Secretary, All insurance
shall be carried with companies approved by Lender, ‘The insurance policies and any renewals shall be held by
Lender and shall inchide loss payable clauses in favor of, and in a form acceptable to, Lender.
In the event of loss, Borrower shall give Lender ‘immedi ate notice by mail. Lender may make proof of
loss if not made promptly by Borrower. Each insurance company concered is hereby authorized and directed to
any part of
make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. of Allthe orindebtedness
the insurance may be applied by Lender, at its option, either (a) to the reduction 3,
under the Note and this Security Instrurment, fist to any delinquent amounts applied in the order én paragraph
and then to prepayment of principal, ot (b) to the restoration or repairdue ofdatethe ofdarnaged Property. Any application
of the proceeds to the principal shall not extend or postponethe the monthly payments which are
referred to in paragraph 2, or change the amount o f such payments, Any excess insurance proceeds over an
‘emount required to pay al) outstanding is under the Note and this Security Instrument shall be paid to
the entity legally entitled thereto.
In the event of foreclosure of this Security Instrument or other transfer of title to the Property that
extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall
pass to the purchaser.
5, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan
Ay tion; Leasehold. Borrower shall occupy, estublish, and use the Property ss Borrower's
within sixty days of # later sale or
residence within sixty days after the execution of this Security Instrument (or
transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least
‘one year after the date of occupancy, unless Lender determines that requi will remen t for
cause undue hardship
Borrower, of unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall
notify Lender of any extenuating circumstances. Borrower shall not commnit waste or destroy, damage or
substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted.
‘Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender bemayin
take reasonable action to protect end preserve such vacant or abandoned Property. Borrow er
shell also
default if Borrower, during the loan application process, gave materially false or inaccurate information or
statements to Lender (or failed to provide Lender with any material information) in connection with theof loan
the
evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy
rty
as a principal
Prope residence. If this Security Instrument is on a leasehold, Borrower shall comply with the
provisions of the lease. If Borrower acquires fee° title to the Property, the lessehold and fee title shall not be.
merged unless Lender agrees to the merger in
6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of any part of the Property, or for theconveyance in place of
condermation, are hereby assigned and shall be paid to Lender to the extent of full smount of the
indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds
to the reduction of the indebtedness under the Note and this Security Instrument, first t any delinquent amounts
applied in the order provided in paragraph 3, and then to prepayme nt Any application of the
of principal.
proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which sre referred
to in paragraph 2, or change the amount of such payments. Any excess proceeds aver an amount required to pay
alt outstanding. under the Note and this Security Instrument shall be paid to the entity legally
entitled thereto.
FHA Florida Mortgage
~ 496 Pase
3 0f8
RL) 0305).01,
Preview
Filing # 42015286 E-Filed 05/26/2016 01:15:07 PM IN THE CIRCUIT COURT OF THE 20th JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA GMAC MORTGAGE, LLC, Plaintiff, VS. CASE NO. 16000960CA JEFFREY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFREY A. DECECCHIS, 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, JOHN DOE and JANE DOE AS UNKNOWN TENANTS IN POSSESSION, Defendants. / VERIFIED COMPLAINT TO RE-FORECLOSE A MORTGAGE Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned attorneys, sues the Defendants, JEFFREY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFREY A. DECECCHIS, 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, JOHN DOE and JANE DOE AS UNKNOWN TENANTS IN POSSESSION, and alleges: 12-02964 1 This is a complaint to re-foreclose a mortgage and to compel the Defendants to either redeem the subject property being foreclosed or to forfeit its rights. 2 The Plaintiff was the owner and holder of a Mortgage (the “Mortgage”) executed on or about July 11, 2008, by Defendant JEFFREY A. DECECCHIS, and recorded on July 17, 2008, in Official Records Book 3309, Page 760, of the Public Records of Charlotte County, Florida. The Mortgage was subsequently assigned to the Plaintiff. 3 The Mortgage was foreclosed by Plaintiff and a Final Judgment of Foreclosure was entered in favor of Plaintiff in the amount of $71,429.82 on May 13, 2013. 4 The foreclosure sale took place on August 15, 2013, and Plaintiff was the successful bidder at the Clerk's sale. A Certificate of Tile was issued to Plaintiff on September 18, 2013, and it was recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public Records of Charlotte County, Florida. 5 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public Records of Charlotte County, Florida do not include the full legal description attached to or included in the subject Mortgage. 6 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public Records of Charlotte County, Florida, have a legal description which inaccurately reads as follows: LOT 22, BLOCK B, A REPLAT OF ALTA VISTA SUBDIVISION, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 52, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 12-02964 7 The subject Mortgage actually encumbers the property described in the following legal description: MANUFACTURER’S NAME: BRIGHTON MODEL: BRIG HS MODEL YEAR: 1985 MODEL NUMBER: 64F2BD SERIAL NUMBER: FL2786 LENGTH AND WIDTH: 60! X 25' LOT 22, BLOCK B, A REPLAT OF ALTA VISTA SUBDIVISION, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 52, OF THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. 8 The Final Judgment of Foreclosure entered in favor of Plaintiff and the Certificate of Title recorded on September 18, 2013, in Official Records Book 3804, Page 948 of the Public Records of Charlotte County, Florida did not include the legal description for the Mobile Home included in the Mortgage. 9 Plaintiff is presently the owner of the subject property exclusive of the Mobile Home. 10. All of the rights, title and interest of the Defendants to the Mobile Home are subordinate and inferior to that of the Plaintiff, and the Court should enter a Final Judgment foreclosing and terminating any such right, title and interest of the Defendants in the Mobile Home on the subject property. IL. Pursuant to Quinn Plumbing Company, Inc. v. New Miami Shores Corporation, 129 So. 690 (Fla. 1930) and Lucas v. Barnett Bank of Lee County, 705 So.2d 115 (Fla. 2d DCA1998), the Plaintiff has filed this action to re-foreclosure the Mortgage because the Final Judgment and Certificate of Title did not include the Mobile Home’s legal description included in the subject Mortgage. 12. Attached hereto as Exhibit "A" is a copy of the original Complaint, Note and Mortgage. 12-02964 10. Attached hereto as Exhibit "B" is a copy of the Certificate of Title and an Assignment of Mortgage showing the Plaintiff as the present owner of the real property described in the Certificate of Title. ll. Attached as Exhibit “C” is a copy of the mortgage held by the Defendants which includes the legal description for the Mobile Home. 12. The Mortgage provides for reasonable attorney’s fees and expenses associated with a foreclosure, and the Plaintiff requests the court to adjudicate a reasonable attorney’s fee, all expenses associated with this re-foreclosure, interest, and court costs. DEMAND FOR RELIEF WHEREFORE, Plaintiff hereby respectfully requests that the Court: (a) Take jurisdiction of the parties hereto and of the subject matter hereof; (b) Enter a Final Judgment of Foreclosure of the subject Mobile Home and give the Defendant ten days from the date of the Final Judgment within which to redeem the property or thereafter be forever foreclosed of any right, title or interest. Pursuant to the terms of the Note and Mortgage, the Plaintiff would request reasonable attorney's fees, interest, court costs and other costs associated with this re- foreclosure action. 12-02964 (c) Grant Plaintiff such other and further relief as equity may deem just and proper. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. a Print Name: Katie Drouin Title: Contract Management Company: GMAC MORTGAGE, LLC State of: nae County of: meee insnS SE ppgnowicden’ before me this22ad day of Plaintiff, who who isis either eit! a Management Coordinator BALE Tani Sata cang tl ot [ Personally known tome, or[ ] who produced as identification. Dilly Notary#ublic RumtDrbed: {Seal} mx89 8& BOF Printed Name: < Dally Porro Dp: apalels a= 89 My commission expire: [73"-2Hx7 o8 2% Sm 2 NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT PURSUANT TO SECTION 809 OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692g, “A COMMUNICATION IN THE FORM OF A FORMAL PLEADING IN A CIVIL ACTION SHALL NOT BE TREATED AS AN INITIAL COMMUNICATION, Masa2 May 11,2016 20186 Respectfully submitted, s/ Clive N. Morgan Clive N. Morgan Florida Bar No. 357855 MORGAN LEGAL, P.A. 6675 Corporate Center Parkway Suite 301 Jacksonville, FL 32216 Telephone: 904-508-0777 PRIMARY SERVICE pleadings@clivemorgan.com Attorney for Plaintiff 12-02964 EXHIBIT A IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT, IN AND FOR CHARLOTTE COUNTY, FLORIDA GMAC MORTGAGE, LLC, PLAINTIFF, vs. CASENO. 12.142 2¢hK JEFFERY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS, ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER AND AGAINST THE HEREIN NAMED INDIVIDUAL DEFENDANT(S) WHO FILED ARE NOT KNOWN TO BE DEAD OR CLERK OF THE CIRCUIT COURT ALIVE, WHETHER SAID UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, {u Jia GRANTEES OR OTHER CLAIMANTS, JOHN DOE AND JANE DOE AS UNKNOWN TENANTS IN POSSESSION, DEFENDANTS. VERIFIED COMPLAINT TO FORECLOSE RTGA E Plaintiff, GMAC MORTGAGE, LLC, by and through its undersigned attorneys, sues the Defendants, JEFFERY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS and 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; JOHN DOE and JANE DOE AS UNKNOWN TENANTS IN POSSESSION, and hereby alleges as follows: 1 This is an action to foreclose the Mortgage on real property (the “Property”) located in CHARLOTTE County, Florida. 2 On or about JULY 11, 2008, Defendant JEFFERY A. DECECCHIS (the “Borrower”) executed and delivered a promissory Note and Mortgage. The Mortgage was recorded on JULY 17, 2008, in Official Records Book 3309, Page 760 of the Public Records of CHARLOTTE County, Florida, and was subsequently assigned to Plaintiff. A copy of the Mortgage and a copy of the Note are attached hereto and incorporated herein as Exhibit “A”. 3 Defendant, JEFFERY A. DECECCHIS is the record owner of the Property sought to be foreclosed by the Plaintiff's Mortgage. 4. Defendants JEFFERY A. DECECCHIS, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS and ANY AND ALL UNKNOWN PARTIES are persons or entities who have or may claim some right, title or interest in the Property sought to be foreclosed by Plaintiff's Mortgage. 5 Plaintiff owns and holds the note and Mortgage. 6. Defendant, UNKNOWN SPOUSE OF JEFFERY A. DECECCHIS, may claim an interest in the property in part by virtue of homestead rights granted under Florida law. However, said interest is subordinate and inferior to the lien of the Plaintiff's Mortgage. 7. There has been a default under the Note and Mortgage in that the payment due DECEMBER I, 2011, and each and every payment due thereafter have not been made. 8 Plaintiff has, if required by the Note and Mortgage, demanded payment of the obligation reflected by the Note and Mortgage, but despite such demand, said default has not been cured. 9. On or about, FEBRUARY 1, 2012, a letter was sent to the Borrower advising the Borrower of a default under the Note and Mortgage, and providing the Mortgagee’s intent to accelerate all principal and interest under the Note and Mortgage to be immediately payable. 10. In order to protect its security, the Plaintiff may have advanced and paid ad valorem taxes, insurance premiums required by the Mortgage and other necessary costs, or may be required to make such advances during the pendency of this action. Any such sum so paid will be secured by the lien of the Mortgage and due and owing to Plaintiff. i. Plaintiff is due the sum of FIFTY-EIGHT THOUSAND SEVEN HUNDRED TWENTY AND 97/100 DOLLARS ($58,720.97) in principal under the Note and Mortgage, plus interest from NOVEMBER 1, 2011, escrow and title search expenses for ascertaining necessary parties to this action. 12, As a result of the default under the Note and Mortgage, it has become necessary for the Plaintiff to retain the services of Pendergast & Morgan, P.A., to prosecute this action. The Plaintiff has agreed and is obligated to pay its attorneys a reasonable fee and costs for the prosecution of this foreclosure action. Pursuant to the terms and provisions of the Note and Mortgage, Plaintiff is entitled to recover reasonable attorneys’ fees in bringing this action. 13. By virtue of the terms and conditions of the Mortgage, the Borrower has agreed to pay reasonable attorneys’ fees and costs that Plaintiff, its successors or assigns incur to collect the indebtedness secured by the Mortgage or to enforce the Plaintiff's rights there- under, which fees and costs are secured by the lien of the Mortgage. 14, Defendants, JOHN DOE and JANE DOE, may claim an interest in the Property as tenants pursuant to a lease agreement, either written or oral or by virtue of their possession of the subject property. However, said interest is either invalid or subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. 15, In addition to all other 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. However, the claims of said parties are either invalid or subject, subordinate, and inferior to the lien interest of Plaintiff's Mortgage. 16. All conditions precedent to the enforcement of Plaintiff's right to acceleration of the Mortgage Note, foreclosure of the Mortgage and the maintenance of this action have been performed, have occurred, or have been waived. DEMAND FOR RELIEF WHEREFORE, Plaintiff hereby respectfully requests that the Court: {a) Take jurisdiction of the parties hereto and of the subject matter hereof; (b) Order that the lien of Plaintiffs Mortgage is a valid first lien on the Property and is superior to any lien of record; (c) Order an accounting of what is due Plaintiff as principal and interest on the Note, and costs, charges, expenses of this suit, including without limitation attorneys’ fees, title search costs, and advancements which Plaintiff may be put to incur in this suit; (d) Order foreclosure of the Mortgage, and that all Defendants named herein, their estates, and all persons claiming under or against them since the filing of the Notice of Lis Pendens or subsequent to the Mortgage be barred and foreclosed. (e) Determine the amount due Plaintiff under the Note and Mortgage sued upon herein; (f) Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of this Court to satisfy Plaintiff's claims; (g) Order that if the proceeds from such court ordered sale are insufficient to pay Plaintiff's claim, then a deficiency judgment be entered for the remaining sum against all Defendants who have assumed personal liability for same and who have not received a discharge in bankruptcy; (h) Order that upon the entry of a Certificate of Title by this Court, the holder of the Certificate shall have immediate possession of the Property, who shall be responsible for condominium, homeowner association assessments or other charges in accordance with §§718.116 or 720.3085, Florida Statutes (2007), respectively; @ Order that a receiver be appointed of the Property and of the rents, issues, income and profits thereof, or in the alternative, order sequestration of rents, issues, income and profits pursuant to Section 697.07, Florida Statutes (2006); @ Order that upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, the clerk be directed to issue a writ of possession without further order of this Court; (k) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a deficiency judgment and the amount thereof; and () Grant Plaintiff such other and further relief as equity may deem just and proper. VERIFICATION OF COMPLAINT Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and bel A By: é@ Print Name: Pennsylvania: ‘ Title: Authorized Offeee State of: County of: —ientgomery mney The foregoing instrument was acknowledgs ‘ » 2012, by uthorized Officer’ of asiarpieye 7 \ day of as G Hag Vow }yegh. CIC. on behalfof the Plaintiff, who is either [ ] personally known to me, or [ fwho produced a as identification. hi -— | COMMONWEALTH OF PENNSYLVANIA EAL NO Notary Public {Seal} KELLY T. CUN! \AM, Notary Public Printed Name: __ Kelly ¢. Cunningham City of Phitadelpnia, Phila. County — My Commission Expires February 24, 2016 My commission expires: Ne 10’ iT! ICE UNDER FAIR DEBT COLLECTION PRACTICES ACT PURSUANT TO SECTION 809 OF THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692g, “A COMMUNICATION IN THE FORM OF A FORMAL PLEADING IN A CIVIL ACTION SHALL NOT BE TREATED AS AN INITIAL COMMUNICATION...” uy b , 2012 Respectfully submitted, By: Lie LZ Lew Clive N. Morgan Florida Bar # 357855 Pendergast & Morgan, P.A. Attomey for Plaintiff 6675 Corporate Center Pkwy, Ste 301 Jacksonville, FL 32216 Telephone: 904-508-0777 FAX: 904-296-2669 Firm File # 12-02964 VALUE OF REAL PROPERTY OR MORTGAGE FORECLOSURE CLAIM The form below has been designed to assist with the calculation requirements of §28.241 (1\(a)2.a, F.S., regarding mortgage foreclosure graduated filing fees, based on the estimated value of the claim and includes the required fees for mediation, education and additional defendants. (See chart below) Date: Case Number: Plaintiff: GAAC MORTGAGE, LLC Defendants: JEFFERY A. DECECCHIS; ET AL 1 $58,720.97 Principal due on the note 2. $ 1,712.70 Interest owed on the note $ 325.50 Total advances owed on the note including a. $ 0,00 Property Taxes b. $ 0.00 Insurance c. $ 325.50 Other Advances (The total of a, b and c provides the amount for line 3.) $0.00 Value of Tax Certificates relating to mortgage $60,759.17 TOTAL ESTIMATED VALUE OF CLAIM (Add lines 1-4 to get the total for line 5) Submitter: Pendergast & Morgan, P.A. GRADUATED FILING FEES BASED ON THE VALUE OF THE CLAIM $401 Value less than or equal to $50,000 with 5 defendants or less $906 Value greater than $50,000 but less than $250, 000 with 5 defendants or less $1,906 Value $250,000 or greater with 5 defendants or less $2.50 Additional fee for each defendant over 5 $10.00 Additional fee for each summons to be issued OGO2 NSB Florida NOTE THE STATE DOCUMENTARY TAX DUE ON THIS NOTE HAS BEEN PAID ON THE MORTGAGE SECURING THIS INDEBTEDNESS . July 11, 2008 6229 SAFFORD STREET, PUNTA GoRDa, FLORIDA 33950 L Pe “Borrow ” means each igning at the end of this Note, and the person’s successors and assigns. “lender” means ‘TRUST ONE MORTGAGE CORPORATION, 2 CALIFORNIA Corporation and its successors and assigns. 2 BORROWER'S PROMISE TO PAY; INTEREST In refur for @ loan received from Lender, Borrower promises to pay the principal sum of Sixty Thousand Nine Hundred And 00/100 Dollars (U.S. $ 60,900.00), pllus interest,to the order of Lender. interest will be charged on unpaid principal, from the date of of the loan proceeds by Lender, at the rate of Seven percent (7.000%) per year until the full amount of principal has disbursement een paid. 3. PROMISE TO PAY SECURED *s promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the “Security 1” The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of cach month beginning on ‘September 1, 2008, Any principal and interest remaining on the first day of August 1, 2038, will be due on that date, which is called the “Maturity Date.” shall be made at 108 PACIFICA, SUITE 300, IRVINE, CALIFORNIA 92618or at such place as Lender may designate in writing by notice to Borrower. (© Amount Bach monthly payment of principal and interest will be in the amount of U.S. § 405.17. This amount will be part of a larger monthly payment required by the Security Instrument, that shall be epplied to principal, interest and other items in the order described in the Security Instrument. ) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were 2 part of this Note. (Check appticable box] {C1 Graduated Payment Altonge 1 Growing Equity Altonge — [_] Other [specify] 5. BORROWER'S RIGHT TO PREPAY or in part, without charge or penalty, on the first day Borrower bes the right to pay the debt evidenced by this Note, in wholeBorrower of any month. Lender shall accept Prepa yment on other days provided that pays interes t prepaid on the amount for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrowe r makes a partial prepayr there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to oent, thase changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdne Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragreph 4(C) of this Note, by the end of fifteen (15) calendar days after the payment is due, Lender may collect a late charge in the amount of four percent (4.00%) of the overdue amount of each payment, FHA Plerida Fized Rate Note: 10/95 ea 1098 Page | of 2 fifixat EXHIBIT A (B) Defsutt If Borrower defaults by failing to pay in full any ‘monthly then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require fate payment in full of the principal balance remainingdue and all accrued interest. Lender may choose not to exercise this ion without default. In waiving its rights in the event of any subsequent many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate paymentAs in usedSoll inin thethis caseof payment defeults. This Note does not authorize acceleration when not permitted by HUD regulations. Note, “Secretary” means the Secretary of Housing and Urban Development or his or her designee. © Payment of Costs and Expenses bas required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary atlomneys” fees for enforcing this Note to the extent not prohibited by appliceble Taw. ‘Such fees and costs shell bear interest from the date of disbursement at the same rate as the principal of this Note. 1 WAIVERS Borrower and any other person who has obligations under this Note waive the rights of and notice of dishonor. “Presentment” means the right to require Lender to demand payment of amounts due, “Notice of dishonor” means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given it of by mailing it by first class mail to Borrower at the property address above or at a different address if Borrowerhas by delivering given Lender a notice of Borrower's different address. ‘Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) of at a different address if Borrower is given a notice of that different address, % 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 gusrantor, surety or endorser of this Note is also ‘obligated to do these things. Any person who takes over these obligations, including the obligations of « guarantor, surety or endorset of this Note, is also obligated 10 Keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person ividually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. 7 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. C ECECCHIs eal) Borrower PAY TO THE ORDER WITHOUT OF (Seal) “Borrower Seal) (Seal) ~Borrower ASSISTANT SECRETARY GMAC BANK PAY TO THE ORDEROF | wiour ie LIMITED SIGNING MORTGAGE, LLC f/x GMAC MORTGAGE CORPORATION PHA Florida Fired Rate Note - 10098 Page 2 of 2 PAY TO THE ORDER OF WITHOUT RECOURSE GMAC Bank CORPORATION VICE PRESIOENT fe HSE s pat unt mete ¥ ba a {038° AI ¥ BARBARA T. SCOTT, CLERK CHARLOTTE COUNTY ACA pre ‘OR BOOK 3309, PGS 760-771 12 pols) fra INSTR # 17801 ‘Doc Type MTG, Recorded 07/17/2006 at 02:10 PM ‘Mig Doc'$213.15 Intanglbte:5121.80 Rec. Fee: $103.50 : Cashiered By: MICHELE Ooo, #5 8 enc 621 J1S 5 Te70s! G' Return To: TRUST ONE MORTGAGE CORPORATION 108 PACIFICA, SUITE 300 IRVINE, CALIFORNIA 92618 Aun: Sbl tpping Dept/Document Control ‘Loan Now ‘This document was prepared by: SONIA ALBAREZ ‘TRUST ONE MORTGAGE CORPORATION 108 PACIFICA, SUITE 300 IRVINE, CALIFORNIA 92618 + [Space Above This Line For Recording Deva} State of Florida MORTGAGE THIS MORTGAGE (“Security Instrument’) is given on July 11, 2008. The Mortgagor is JEFFREY A. DECECCHIS, ‘A SINGLE MAN, whose address is 6229 SAFFORD STREET, ONE MORTGAGE PUNTA GORDA, FLORIDA 33950 ("Borrower"), This Security Instrument is given to TRUST CORPORATION, # CALIFORNIA Corporation which ich is organized and existing under the laws of the State IRVINE, CALIFORNIA 92618, of CALIFORNIA, and whose address is 108 PACH JFICA, SUITE 300, C'Lender”}. Borrower owes Lender the principal sum off Sixty Thousand Nine Hundred And 06/100 Dollars (USS. $60,900.00). This debt is evidenced by ‘Borrower's note dated the same date es this Security instrument the full debt, iif oot paid earlier, due and payable on (Note"), which provides for monthly payments, withLender: Augu1,st 2038. This Security Instr secures to ument (a) the repayment of the debt evidenced by the (b) the payment of all other Note, with interest, and all renewals, extensions and modificetions of the thisNote;Security summs, with interest, advanced under paragraph 7 to the security af Instrument; and (c) the ‘performance of Berrower’s covenants ‘and agreements under this Security Instrument and the Note, For this , Borrower does hereby mortgage, grant ‘and convey to the Lender the following described property located in CHARLOTTE County, Florida: MANUFACTURER'S NAME: BRIGHTON MODEL: BRIG HS MODEL YEAR: 1985 MODEL NUMBER: 64F2BD_ ‘SERIAL NUMBER: FL2786 LENGTH AND WIDTH: 60'X 25° LOT 22, BLOCK B, A REPLAT OF ALTA VI STA SUBDIVISION, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDE D IN PLA’ T BOOK 4, PAGE 52, OF ‘THE PUBLIC RECORDS OF CHARLOTTE COUNTY, FLORIDA. y 1D Number: 0075446-0800000-4 ‘PropertTax [sree] which has the address of 6229 SAFFORD STREET PUNTA GORDA (City, FLORIDA 33950 [Zip Code] (“Property Address”), TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered byt his Security Insmument. AH of the foregoing is referred to in this Security | Instrument as the 4096 ‘RUF 2053.01 Page 1 of 8 —_- ees |e BORROWER COVENANTS that Borrower is lawfully seized of the estate hercby conveyed and has except for the right to mortgage, grant and convey the Property and that the Propertyto theis unencumbered, Property aguinst all claims ‘encumbrances of record. Borrower warrants and will defend generally the title 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 constirate a uniform security instrament covering real Borrower and Lender covenant and agree as follows: ‘UNTFORM COVENANTS. 1, Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges duc under the Note, 2, Monthly Payment of Taxes, Insurance aud Other Charges, Borrower shall include in each charges, monthly payment, together with the principal and interest as set forth in the Note and any latepayments a sum for {@ twxes and special asseasments levied or to be levied against theunderProperty, (b) leaschold oF rents on the Property, and (c) premiums for insurence required peragraph 4. in any year in which the Lender must pay @ morlgage insurance premium to the Secretary of Housing and Urban Development ¢Secretary”), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment 3 shall also include either: (ij) a sum for fhe annual mortgage insurance premi jum to be paid by Lender to the Secretary, of (ji) a monthly charge instead of a mortgage insurenceby the premium if this Security Instrument is held by the Secretary, in @ reasonable amount to be determined Secretary. Except for the monthly charge by the Secretary, these items are called “Escrow Item” end the sums paid to Lender are called “Escrow Funds, Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate theamount not 10 under ‘exceed the maximum amount that may be required for Borrower's escrow sccountregulations, Real Estate ‘Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seg. and implementing 24 CFR Part 3500, as they may be amended from time to time (“RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the ‘account may not be based om amounts due for the mortgage insurance’ If the amounts held by Lender for Escrow Items exceed the Tanounts penitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amoun held by of fundsts Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. Escrow Punds are pledged as additional security for al] sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sims, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and shall promplly refund soy excess funds to Borrower. Immediately prior to 8 foreclosure sale of the Property or its acquisition by Lender, Borrower's items (a), (b), and (c). account shall be credited with any belance remaining forall installments for1 and ion All payments under paragraphs of Payments. 3. Applicat 2 thall be applied by Lender 6s follows: to the mortgage insurance premiora to be paid by Lender to the Seoretary or tothe monthly charge dy the Secretary instead of the monthly mortgage insurance prem ‘Second, to any taxes, epecial asseasments, leaschold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; ‘Third, to interest due under the N ‘Fourth, to amortization of the principal of the Note; and FHA Forldx Mortgage ~ 496 ARFL) (0305).01 Page 20f8 ae eee Fifth, to late charges due under the Note, 4, Fire, Flood and Other Hazard Insurance, Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance, ‘This insurance shall be maintained in the amounts andnow forin the periods that Lender requires. Borrower shal aso insure all improvements on the Property, whether existence or subsequently erected, against loss by floods to the extent required by the Secretary, All insurance shall be carried with companies approved by Lender, ‘The insurance policies and any renewals shall be held by Lender and shall inchide loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender ‘immedi ate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concered is hereby authorized and directed to any part of make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. of Allthe orindebtedness the insurance may be applied by Lender, at its option, either (a) to the reduction 3, under the Note and this Security Instrurment, fist to any delinquent amounts applied in the order én paragraph and then to prepayment of principal, ot (b) to the restoration or repairdue ofdatethe ofdarnaged Property. Any application of the proceeds to the principal shall not extend or postponethe the monthly payments which are referred to in paragraph 2, or change the amount o f such payments, Any excess insurance proceeds over an ‘emount required to pay al) outstanding is under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5, Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Ay tion; Leasehold. Borrower shall occupy, estublish, and use the Property ss Borrower's within sixty days of # later sale or residence within sixty days after the execution of this Security Instrument (or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least ‘one year after the date of occupancy, unless Lender determines that requi will remen t for cause undue hardship Borrower, of unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commnit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. ‘Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender bemayin take reasonable action to protect end preserve such vacant or abandoned Property. Borrow er shell also default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with theof loan the evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy rty as a principal Prope residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee° title to the Property, the lessehold and fee title shall not be. merged unless Lender agrees to the merger in 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for theconveyance in place of condermation, are hereby assigned and shall be paid to Lender to the extent of full smount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first t any delinquent amounts applied in the order provided in paragraph 3, and then to prepayme nt Any application of the of principal. proceeds to the principal shall not extend or postpone the duc date of the monthly payments, which sre referred to in paragraph 2, or change the amount of such payments. Any excess proceeds aver an amount required to pay alt outstanding. under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. FHA Florida Mortgage ~ 496 Pase 3 0f8 RL) 0305).01,