Preview
I#: 2018038684 BK: 19933 PG: 1607, 02/07/2018 at 07:02 AM, RECORDING 4 KEN
BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK:
CLK101097
IN THE CIRCUIT COURT OF THE 6™
JUDICIAL CIRCUIT, IN AND FOR,
PINELLAS COUNTY, FLORIDA
CIVIL DIVISION
CASE NO.: 16-008152-CI
U.S. BANK, N.A., AS TRUSTEE, ON BEHALF
OF THE HOLDERS OF THE J.P. MORGAN
MORTGAGE ACQUISITION TRUST 2006-NC2
ASSET BACKED PASS-THROUGH
CERTIFICATES, SERIES 2006-NC2,
Vy
Plaintiff, Se * &
an
ex
vs. o
@
ANTHONY M. CANNON A/K/A ANTHONY .
CANNON, ET AL., 2 ee
we,
3,ae
Defendants. /
PARTIAL SUMMARY FINAL JUDGMENT
(AS TO CO — REFORMATION OF MORTGAGE)
THIS CAUSE having come before the Court upon Plaintiffs Motion for Partial Summary
Judgment as to Count II, and being otherwise fully advised in the premises, the Court has made
the following findings:
1 On or about March 31, 2006, Defendants Anthony M. Cannon a/k/a Anthony
Cannon and Megan J. Naas a/k/a Megan Jo Naas a/k/a Megan Cannon executed and delivered a
promissory note and mortgage securing repayment of the promissory note. The mortgage was
recorded on April 10, 2006 in Official Records Book 15045, at page 139 and re-recorded in Official
Records Book 15952, at page 2121, of the public records of Pinellas County, Florida (the
“Mortgage”) and encumbered the Subject Property.
2. Due to mutual mistake, the Mortgage failed to include the legal description of the
Subject Property. It referred to the parcel identification number and address only. With regard to
PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1608
the complete legal description, 1t referenced “See Legal Description Attached Hereto and Made a
Part Hereof” but the Legal Description was not recorded with the Mortgage.
3. Onor about August 27, 2007, the Mortgage was re-recorded with the attached Legal
Description, but was not re-executed before it was re-recorded
4. All Defendants have been served, and no Defendant has raised any affirmative
defenses to the relief sought in Count II of the verified Complaint.
IT IS THEREFORE ORDERED AND ADJUDGED as follows:
1 Plaintiff's Motion for Partial Final Summary Judgment as to Count II is hereby
GRANTED.
2. Partial Summary Final Judgment reforming that certain Mortgage recorded in
recorded on April 10, 2006 in Official Records Book 15045, at page 139 and re-recorded in Official
Records Book 15952, at page 2121, of the public records of Pinellas County, Florida is hereby
entered in favor of the Plaintiff U.S. Bank, N.A., as Trustee, on Behalf of the Holders of the J.P.
Morgan Mortgage Acquisition Trust 2006-NC2 Asset Backed Pass-Through Certificates, Series
2006-NC2.
3 That the Mortgage is hereby reformed to contain therein the following description:
LOT 13, BLOCK 7, BARCLEY ESTATES 4™ ADDITION, ACCORDING TO
THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE
60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA.
4 The Mortgage shall be held and regarded as being as having granted Plaintiff a hen
as to said reformed lands as of the date of the Mortgage, which is hereby reformed nunc pro tunc.
US BANK,NA VS ANTHONYM CANNON, 16-008152-CI
Page 2
PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1609
5 The Court retains jurisdiction to enter any further orders that are proper, including
without limitation, to the adjudication of the remaining causes of action and post-judgment
proceedings.
DONE AND ORDERED at Clearwater, Pinellas Florida, this Mpa Day of
feCorny, 2018
situ Judge
ce:
Lea Vandegriff, Esq.
Kahane & Associates, P.A.
8201 Peters Road, Ste. 300
Plantation, FL 33324
NOTICE@KAHANEANDASSOCIATES.COM
Richard B. Badgley, Esq
City of St. Petersburg, Florida
P.O. Box 2842
St. Petersburg, FL 33731
ESERVICE@STPETE.ORG
RICK.BADGLEY@STPETE.ORG
Anthony M. Cannon
1193 N. 88th Avenue North
St. Petersburg, FL 33702
Unknown Spouse of Anthony M. Cannon a/k/a Anthony Cannon
1193 N. 88th Avenue North
St Petersburg, FL 33702
Megan J. Naas A/K/A Megan Jo Naas A/K/A Megan Cannon
12195 Belle Meade Road
St. Louis, MO 63131
Unknown Spouse of Megan Naas, N/K/A Charles Aylsworth
12195 Belle Meade Road
St. Louis, MO 63131
U.S BANK, N.A VS ANTHONY M CANNON, 16-008152-CI
Page 3
PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1610
Lexis Document Services Inc.
Registered Agent for Atlantic Credit & Finance Inc
1201 Hays Street
Tallahassee, FL 32301
Charles S. McCall, Esq.
First American Law Group
7650 W. Courtney Campbell Causeway
Suite 1150
Tampa, FL 33607
US. BANK, N A VS ANTHONY M CANNON, 16-008152-CI
Page 4
Preview
I#: 2018038684 BK: 19933 PG: 1607, 02/07/2018 at 07:02 AM, RECORDING 4 KEN BURKE, CLERK OF COURT AND COMPTROLLER PINELLAS COUNTY, FL BY DEPUTY CLERK: CLK101097 IN THE CIRCUIT COURT OF THE 6™ JUDICIAL CIRCUIT, IN AND FOR, PINELLAS COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 16-008152-CI U.S. BANK, N.A., AS TRUSTEE, ON BEHALF OF THE HOLDERS OF THE J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-NC2 ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-NC2, Vy Plaintiff, Se * & an ex vs. o @ ANTHONY M. CANNON A/K/A ANTHONY . CANNON, ET AL., 2 ee we, 3,ae Defendants. / PARTIAL SUMMARY FINAL JUDGMENT (AS TO CO — REFORMATION OF MORTGAGE) THIS CAUSE having come before the Court upon Plaintiffs Motion for Partial Summary Judgment as to Count II, and being otherwise fully advised in the premises, the Court has made the following findings: 1 On or about March 31, 2006, Defendants Anthony M. Cannon a/k/a Anthony Cannon and Megan J. Naas a/k/a Megan Jo Naas a/k/a Megan Cannon executed and delivered a promissory note and mortgage securing repayment of the promissory note. The mortgage was recorded on April 10, 2006 in Official Records Book 15045, at page 139 and re-recorded in Official Records Book 15952, at page 2121, of the public records of Pinellas County, Florida (the “Mortgage”) and encumbered the Subject Property. 2. Due to mutual mistake, the Mortgage failed to include the legal description of the Subject Property. It referred to the parcel identification number and address only. With regard to PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1608 the complete legal description, 1t referenced “See Legal Description Attached Hereto and Made a Part Hereof” but the Legal Description was not recorded with the Mortgage. 3. Onor about August 27, 2007, the Mortgage was re-recorded with the attached Legal Description, but was not re-executed before it was re-recorded 4. All Defendants have been served, and no Defendant has raised any affirmative defenses to the relief sought in Count II of the verified Complaint. IT IS THEREFORE ORDERED AND ADJUDGED as follows: 1 Plaintiff's Motion for Partial Final Summary Judgment as to Count II is hereby GRANTED. 2. Partial Summary Final Judgment reforming that certain Mortgage recorded in recorded on April 10, 2006 in Official Records Book 15045, at page 139 and re-recorded in Official Records Book 15952, at page 2121, of the public records of Pinellas County, Florida is hereby entered in favor of the Plaintiff U.S. Bank, N.A., as Trustee, on Behalf of the Holders of the J.P. Morgan Mortgage Acquisition Trust 2006-NC2 Asset Backed Pass-Through Certificates, Series 2006-NC2. 3 That the Mortgage is hereby reformed to contain therein the following description: LOT 13, BLOCK 7, BARCLEY ESTATES 4™ ADDITION, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 64, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. 4 The Mortgage shall be held and regarded as being as having granted Plaintiff a hen as to said reformed lands as of the date of the Mortgage, which is hereby reformed nunc pro tunc. US BANK,NA VS ANTHONYM CANNON, 16-008152-CI Page 2 PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1609 5 The Court retains jurisdiction to enter any further orders that are proper, including without limitation, to the adjudication of the remaining causes of action and post-judgment proceedings. DONE AND ORDERED at Clearwater, Pinellas Florida, this Mpa Day of feCorny, 2018 situ Judge ce: Lea Vandegriff, Esq. Kahane & Associates, P.A. 8201 Peters Road, Ste. 300 Plantation, FL 33324 NOTICE@KAHANEANDASSOCIATES.COM Richard B. Badgley, Esq City of St. Petersburg, Florida P.O. Box 2842 St. Petersburg, FL 33731 ESERVICE@STPETE.ORG RICK.BADGLEY@STPETE.ORG Anthony M. Cannon 1193 N. 88th Avenue North St. Petersburg, FL 33702 Unknown Spouse of Anthony M. Cannon a/k/a Anthony Cannon 1193 N. 88th Avenue North St Petersburg, FL 33702 Megan J. Naas A/K/A Megan Jo Naas A/K/A Megan Cannon 12195 Belle Meade Road St. Louis, MO 63131 Unknown Spouse of Megan Naas, N/K/A Charles Aylsworth 12195 Belle Meade Road St. Louis, MO 63131 U.S BANK, N.A VS ANTHONY M CANNON, 16-008152-CI Page 3 PINELLAS COUNTY FL OFF. REC. BK 19933 PG 1610 Lexis Document Services Inc. Registered Agent for Atlantic Credit & Finance Inc 1201 Hays Street Tallahassee, FL 32301 Charles S. McCall, Esq. First American Law Group 7650 W. Courtney Campbell Causeway Suite 1150 Tampa, FL 33607 US. BANK, N A VS ANTHONY M CANNON, 16-008152-CI Page 4