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Filing # 67849272 E-Filed 02/12/2018 04:04:07 PM
IN THE CIRCUIT COURT OF
THE 9TH JUDICIAL
CIRCUIT IN| AND FOR
OSCEOLA COUNTY,
FLORIDA,
CASE NO.
NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT
MORTGAGE SERVICING,
Plaintiff,
VS.
ADAN PEREZ; NEREYDA PEREZ A/K/A NEREYDA
SOLIS; SPRINGTREE CROSSING HOMEOWNERS
ASSOCIATION, INC; UNKNOWN TENANT #1;
UNKNOWN TENANT #2,
Defendant(s).
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COMPLAINT
Plaintiff, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, brings this
Complaint against Defendants, Adan Perez, Nereyda Perez a/k/a Nercyda Solis, Springtree |
I
Crossing. Homeowners Association, Inc,, Unknown Tenant #1, Unknown Tenant #2, and for its i
cause of action alleges and states the following:
COUNT L- MORTGAGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property in Osceola County,
Florida.
2. “All conditions precedent to the filing of this action have been performed, have
occurred or have been waived,
3 Attached hereto is a copy of a Promissory Note (hereinafter referred to as the
“Note”) which was executed by Defendant, Adan Perez, on December 19, 2012, and delivered to
the payee named therein to evidence a just debt.
4 Said Note is secured by a Mortgage which was executed by Defendants, Adan
Perez a/k/a Nereyda Perez a/k/a Nereyda Solis, and recorded on January 14, 2013, in Official
Record Book 4381, at Page 2078, of the Public Records of Osceola County, Florida, a copy of
said Mortgage is attached hereto, and encumbers the following described property:
Lot 39, Block A, Springtree Crossing, according to the Plat thereof as recorded in Plat
Book 5, page 25, of the Public Records of Osceola County, Florida.
Street Address; 1612 Sunburst Way, Kissimmee, Florida 34744
5 Plaintiff's counsel is in physical possession of the Note endorsed in blank which
is the subject of this action and therefore, Plaintiffis the holder of that Note.
6 The covenants in Plaintiff's Note and Mortgage have been breached in that the
payment due and payable on February 1, 2017, and all subsequent payments have not been paid,
A principal balance of $133,571.93 is due and owing to Plaintiff on said Mortgage indebtedness,
with interest thereon from January 1, 2017.
7 Plaintiff declares the full amount payable under the Note and Mortgage to be due,
together with any sums advanced and paid to protect its security for ad valorem taxes, premiums
on insurance required by the Mortgage and other necessary costs, fiuthermore additional costs
may be required to be advanced during the pendency of this action. Any such sum so paid will
be due and owing the Plaintiff.
8 As a result of the Defendant(s) default of the terms of the Note and Mortgage, the
Plaintiff has been required to retain the undersigned attorneys and is obligated to pay said
attorneys a reasonable fee for their services,
_ a
9 Jn order to ascertain the necessary and proper parties to this suit, it has been
necessary for the Plaintiff to incur a title search expense, the cost of which Plaintiff is entitled to
recover under the terms of said mortgage.
10, The record owner(s) and holder(s) of the fee simple title to the aforesaid real
property is/are Defendant(s}, Adan Perez and Nereyda Perez a/k/a Nereyda Solis, who hold(s)
possession,
lL. Defendant, Springtree Crossing Homeowners Association, Inc., is made a
defendant in this action pursuant to the requirements of Florida Statute 718.116, and/or may
otherwise claim an interest in the property which is the subject of this action pursuant to Florida
Statutes, chapters 718 through 721, but any interest in the mortgaged. property held by said
Defendant is junior, inferior and subordinate to the lien of Plaintiff's Mortgage with the
exception of those items enumerated in Florida Statute §718.116(1)().
12, Defendant, Springtree Crossing Homeowners Association, Inc., recorded a Claim
of Lien on October 11, 2016, in Official Records Book 5038, at Page 1140, of the Public
Records of Osceola County, Florida, but the lien thereof, if valid, is junior, inferior and
subordinate to the lien of Plaintiff's Mortgage.
13, Defendants, Unknown Tenant #1 and Unknown Tenant #2, may claim or have
some interest in or lien or claim upen the property by virtue of an unrecorded lease and/or their
status as tenants in possession of the Property, but eny such interest, lien or claim is subject,
subordinate and inferior to the right, title, interest and lien of Plaintiff's mortgage herein sought
to be foreclosed.
a
14, If it is determined that Florida Statute §57.011 is applicable to the Plaintiffin this
action, in the event that costs are adjudged against the Plaintiff and in favor of the Defendant, the
undersigned attorney shall be liable to pay said costs in an amount not to exceed those
specifically set forth in said statute.
WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, if the proceeds of
the sale are insufficient to pay Plaintiff's claim, a deficiency judgment from any defendant liable
under the note, except any Defendant(s) personally liable who have been discharged from
liability under the subject note pursuant to the provisions of the Bankrupiey Code 11 U.S.C,
Section 101, et. seq, Plaintiff further prays that the Court will grant costs for asserting title, cost
incurred in filing this order, attomey fees, and any other relief that the Court considers just and
equitable in the circumstances.
McCabe, Weisberg & Conway, LLC
500 South Australian Avenue, Suite 1000
West Palm Beach, FL 33401
Telephone; 13-1400
/ Fax: (561) 713-1401
Primary fail fp com
By
Ruth&mar Hyppolite, Esq.
Verific:
Fla. Bar No. 1097014
Under penalty of perjury, 1 declare that I e read the foregoing complaint, and the facts
alleged therein are true and correct to the best o: y knowledge and belief.
weno asha Sher aal
nites FO*CCAK We Semalst
New Penn Financial, LLC d/b/a Shellpoint
Mortgage Servicing
_
Last four (4) digits of Lean 10: [i
Borrower Name: Adan Perez
Property Address: 1612 Sunburst Way
Kissimmee, FL34744
Florida Statutes § 702.015 (4) Possession Certificate
(1) Pursuantto Florida Statutes § 702.015 (4), under penalty of perjury, 1, Slephanle N. Wessel,
‘Supervisor for New Penn Fihaneial, LLC d/b/a Shellpoint Mortgage Servicing, give this certification
of behalf of the Plaintiff, I am authorized to provide this certification for Plaintiff as an employee
of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing as Plaintiff's loan servicer and
attorney-in-fact.
(@) Plaintiff is in possession cf the original Prornlssory Note at issue in the foreclosure action ‘trough
servicer which possesses the note on behalf of the Plaintiff.
(3) At the time of verification, the original Promissory Note was iecated at 55 Beattie Place,
Greenville, SC 29601,
oad
lly verified Plalntiff’s possession through Servicer, of the original Promissory Note on
ie (date) at £m (time).
(5) A true and correct copy of the Promissory Nota and Allonge(s) (if applicable} Is/are attached to
this certificate as “Exhibit A”,
Signatur
Printed Name: Stephanie N, Wessel
Title: Supervisor
Date: Ma
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i —
EXHIBIT A
ono
Note
Desomber 19, 2012. Kissimmee
Dae (Ciy) (Statoy
1612 SUNBURST WAY, Kissimmee, FL 34744
PPropany Addcess}
41, Borrower's Promise to Fay. In zeturn for a loan that J hava received, [ promise to pay U.S. $144,465,00 (this amount
{s called "Principal”), plus interost, to the order of the Lendes, The Lender is JPMorgan Chase Bans, NiAw. J will avake all
payments wider this Note in the forin of eash, check az money ‘order,
1 anidezstand thatthe Lendertnay this Moto 'The Lend eho.tuker thie Note by transfer and who titled.
to receive payments under this Note is oulled the “Nora Holder",
2. interest, Interest will be churgsd on unpaid principal unl fhe full anoutt of Prinoipal hes been pald. I will pay tnterest
atu yearly ratn of 4,125%,
‘The interest rato required by this Seotion 2 is the sate I will pay both befbre and after any defuul doxeribed !n Section 6(B)
of this Noto.
3. Payments.
(A) Time and Place of Payments. Iwill pay principal and interestby making a payment every month.
1 will make muy monthly paymentonthe Ist day of ench month begining on Febrasry 1,2043,1 wll make these payments
every snonth until J have paid all ofthe ptincipal and interest and any ather charges desoxibed below that may owe under
{his Note, Bach monthly payment will be appited as of its scheduled due date'and will be applied to interest before
Prinoipal-If, oft January 1, 2043, 1 still owe amounts under this Note, will pay those aniownts in full on that date, which
4y oalled the’ "Maturity Date”,
L wilt moke my monthly payments at P.O, Box 78420, Phoenix, AZ 85062-8420 or at a different place {f required by the
Note Holger.
(B) Amount of Monthly Payments. My monthly peymont will be inthe amount of U.S, $700.15,
4, Borrower's Right to Prepay.
have the right to make payments of Principalat any time before they ate dup. A payment of Prinofpal only Is known #3 &
“Prepayment", Whan | make q Prepayment, I'v] tll the Note Holder in writing that Tam doing so, Lanay not designate a
payment as 4 Prepayment if have not made afl the monthly payments due under the Note
Liay make a full Prepayment or partial Proj ments without paying 4 Prepayment charge, The Note Holder will use my
Propayments to zeduve the amount of Princl el ‘that | awa under this Note, However, the Note Holder may apply my
Propayient !o the accrved and unpald interest on the Prepayment amount, before applying my Prepayment to reduce the
Prinelpai amount of the Not, J? make a partial Prepayntent, there will be no changes in the due date or in the amguutof
my monthly payment unless the Note Holder agrees in welling to those changes.
is finelly interpreted so taat
&, Loan Charges, If alaw, which applies to this loan and which sets maximum lown chergas,
the interest or other loon ctiarges collected
or to be collected in connection
with this loan exoced the permitted limits, then:
@ any such loan chatge shall be reduced Ly the amount nebessary to redvoe the charge to the permitted limits and (b) any
suits alzeady collected from me which exceeded nermittod limits will be refundedto me, ‘The Note Holder mi chooseto
make this refund by sy reducing the Principal ? owe under this Note or by mating. ° divect paymentto me, Ifa refund reduces
Prinotpal, the reduction willbe treated as a partis! Prepayment,
6, Borrowor's'Fallure fo Pay as Required.
fFlowk Bxto Rage Nave-la Feu Nets Mac UstObM INLET rome
‘etn Kear Fae Sea a iain fron P9413
INI IMT a ese ——
a ~
fchaxge
(A) \) Late Charge for Overdue Payments, Ifthe Note Holder has net rovelyed the full amount of any monthly paytnent
vy the end of Fifteen calendar days after the dato it Is due, I wiil pay a late charge to the Note Holder, The amount ofthe
vill be 3.000% of my overdue payment of principal and interost, I wii pay this late charge ‘promptly but oaly
once on-ench lete payment,
(B) Default, ££1 do not pay the full amount of exe. snonthly payment on the date itis ee, Iwill be in cofuult
of Piincl ea
(C} Notice of Default, Jf]am in default,
tho Note Holder may sead me # written notice telling nie that !f1do not
overdue amountby 4 vertain dato, the Note Holder may reqults me to pay immediately the full amount
which has not betn paid and all the interest that | owe ‘on that amount, That date mustbe at loast 30 days after the date
on which the notice ts mailed to me oy deliveredby other menns.
(D) Na Walver By Note Holder, Bvon if, et atime when { ain in dafuult, the Note Holder does not require neto pay
immediately in full as described above, the Noto Holder will still have the tight to do so if) am In default ara Jeter time,
of Note Holder's Costs and Expenaea. If the Note Heider hart ane pay i
full as descrived above, the Note Holder will have the night to be paid back by me for atl of Its costs and expenses in
onforeing tis Nateto the extent not prohibited by appiloable law, Those expenses include, for example, reasonable
attorneys! fees,
7, Giving of Notices, Unless apy plicable law vequlres a different mothod, any notics that must be given to me under this
Note wil be given by delivering itorby maillng It by first class tall | to nie at the Proparly Addross above or at s different
address if] give the Note Holder a riatice off my different address,
‘Any notice that must be given to the Nate Holder under this Note willbe given by delivering it orby malting itby fit oless
mail to the Note Holder at the address stated In Section 3(A) above or at a different address iff am given anoilce of that
different nddvess,
8, Obligations of Persons Under This Note. tfmore than one-person signs ths Note, each person s fully anc personally
oblignted to keep all of the promises made in this Note, inoluding the promisate pay the fall amount owed, Any pesson whe
4s a guarantor, surety or endorserof this Note jg also obligated to du these things. Any person whe fakes over thess obligations,
including the obligations of a guaraxtot, surety or eadorsey of thiy Note, 1s also obligated to keep el] ofthe promises mado
dn this Note, ‘Tho Note Holder may enforoe its rights under this Note against tagh person Individually or ageingt all of us
togeticr, This means that any ono ofus may be requlted tv pay elf of the amounts owed under this Note,
9, Waivers. J and any other person who hes obllgatiots under this Note walve the rights of Presostment dnd Notice of
Dishonor, “Presentment” means the right to require the Note Holder to demand payment of amounts due, “Notte gf”
Dishonor” means tio rlght to require the Nots Holder to glve notice to other persons that amotints duo have not besn pald,
40, Uniform Secured Noto. This Note is a uniform Instrument with mited variations in some jurisdictions. In addition
to the protestlons given te the Nota Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Seo
Lnstrument”), dated the same date as this Note, protzcts the Note Holder from possible losses that might result {f} do not
kvep tha promisos which I makein this Note, That Security Instrument desorloes how and under what conditions I may be
required to make immediate payment in full of all amounts] owe under this Note, Some of thoss conditions are described.
ng follows:
‘fall o2 any puttof tho Property or any Interest in the Propesty Is sold or transferred (ot +f Borrowor s tot a naturel person
and a beneficial interest in Batrower is sold of transferred) without Lender's prlor written consent, Lender may require
jmmediate paytnentin full ofall sams secured by thls Seourlty Instrument. However, thls option shall not be exeralsed
by-Lender if such exerolae is prohibited by Applicable Law.
Ff Lender! exorvises this option, Lender shal! give Borrower notice of acceleration, The hotice shall provide a perled of
not less than 30 days fromn the daty the notice is given In accordance whth Section 15 within which Borrowor must pay
all sums secured by this Scourty Iasteunent, If Bourower falls to pay these sumy prior to the expiration this
of period,
Lender may invoke any remedies permitted by thls Security Instrument without further notice or demand on Borrower,
41, Documentary Tax. The state documentary
tax due on this Note has boon paid on the mortgage securing this Indebtedness,
loans Fico Rare Novas andy ara Mantis
Mac UNrwA rENT PeeaS20 (10
sar ine Phil aden a bites: Pagedord
_
{NM I A{
soon oe a
~
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. il
Borrower
(D.L2.2 Seal
|
Fay to he orteron
Fos Fou Rane Nove Shy Ford Porn uemedte Meo NORE
Wo RAENT I0(00)ai
oy
‘Won fewer nae Bons ‘. Pose
-. ——
ua in :
bet te
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EXHIBIT B
*“
oe
roa
Return To: JPMorgan Chase Bank, N A.
Collateral Trailing Documents
BO, Box 8000 - Monroe, LA 71203
Prepared By: David Ruggles
1820 & Sky Harbor Circle S Flr2
Phoenix,
AZ 85034
Mortgage
Definitions. Words used in m ns of this document are defined below and other words are
defined in Sections 3, 11, 13, I ), Certain rules regarding the usage of words used in this
document are also provided in
(A) “Security fastrument™ ti ent, which is dated December 19, 2012, together with
al! Riders lo this document:
(B) "Borrower" 1s ADAN PE the mortgagor under this Security Instrument.
(C) "Lender" is JPMorgan Chast nk det Is a Natlonal Banking Association organized
and evisting under the laws of the rider's address s 1111 Polaris Parkway, Floor 4),
Columbus, OH 43240 Lender is the mortgagee under this Sequrity Instrument,
December 19, 2012 The Note
(D) “Note” means the promissory note signed by Borrower and dated
four hundred sixty-five and 00/100
states that Borrower owes Len der one hundred forty four thousand
Dollars (U.S. $144,465.00) plus interest, Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than January 1, 2043.
{E) “Property” aveans the property that 1s described below under the heading "Transfer of Rights In
the Property,"
prepayment charges and late
(F) “Loan“ means the deot evidenced by the Note, plus interest, any
charges due under the Note, and all sums dus under this Security Instrument, plus interest.
{G) “Riders” means all Riders to thls Seourlty Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as appticable)’
Adjustable Rate Rider DO Condominium Rider CO Second Home Rider
am 101404
TERRIA rami Fre Maan Mes UNIFGRM sNSTRUMENT oui
Yieters Ke Prana Since a cine rune e
~— T mc
nn _ —
04:33:01 PM RECEIPT # 1616852
Recorded In Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 01, 14412019
Reo Fees 174.50 MTG DOG 505.75 INTANGIB LE 288,93 EXTRA NAMES
CFN# 2013008031 BK 4384 PG 2078 PAGE 1 OF 20
© Balloon Rider {2 Planned Unit Development Rider O 1-4 Family Rider
O VA RiWer 1 Biweekly Payment Rider Ty Other(s) [specify]
(H) “Applicable Law” means ail I controlling applicable federal, state and local statutes, regulations,
ordinances and administrative ul ies and orders (that have the effect of law) as well es all applicable
final, non-appealable judicial opinions
* (1) “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 simitar organization.
D) “Electronic Funds Tr ansfer” means any transfer of funds, other than a transaction originated by
simi per instranrent, whietris tat my
Instrument, ‘computer, or magnetic tape so as to order, Instruct, or authorize a financial 1 institution to
debil or credit an account. Such term includes, but is not fintited to, point-of-sale transfers, automated
se
teller machitie transactions, transfers initiated by telephone, wire transfers, and autotnated clearinghou
transfers,
(K) “Ercrow' frems" the stems that are described ia Section 3,
(L) “Miscellaneous Pro in s any compensation, settlement, award of damages, or proceeds
paid by any third party (all urance proceeds paid under the coverages described in Section
3) for: (1) darrage to, or de: i the Property: (if) condemnation or ather taking of all or any
part of the Property, (Ili) co! eu of condemnation; of (iv) misrepresentationg of, or
omissions as to, the value and of the Property
(M) “Mortgage Insurance protecting Lender against the nonpayment of, or default
‘on, the Loan
(N) “Periodic Payment” means the regul uled amount due for (1) principal and interest under
the Note, plus (11) any amounts ui t this Security Instrument
(Q) “RESPA" means the Real Batate Settlement Prozedures Act (12 U.S.C. Section 2601 et seq ) and
{ts implementing regulation, Regulation X ( 24 C E.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 thts Security Instrument, + RESPA refers to all requirements does and restrictions that
are imposed in regard to a “federall y relate d mortgage foan" even if the Loan not quality as a
“federally related mortgage loan" under RESPA.
Property, whether
(P) “Successor in Interes! of Borrawer + means any party that has taken litle to the
‘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 instrament sec uresandto (1) Lender: (5) the repayment
the performance of
of the Loan, and all renewals, extension s and modificat ions of the Note;
rument and the Note. For this purpose,
Borrower's covenants and agreements under this Security Inst
Borrower does heteby mortgage, graitt and convey to Lender, the following described property located
FLORIDA Ginga Family wime Madéfradhe Moe WNIFORM WNSTRUMENT
vein uae Francie! Sorc a AO
Th ODOT ll
PG 2079 PAGE 2 OF 20
CFN# 2012008031 OFFICIAL RECORDS O DOC_TYPE NTG BK 4381
a
inthe COUNTY {Typo of Recording Jurisdiction] of Osceola [Name of Recording Jurisdiction). SEE
ATTACH See Attached
Parcel {D Number R142529-2179000A.0390 which currently has the address of 1612 SUNBURST WAY
(Street) Kissimmee [City], Florida 34744 (Zip Code] ("Property Address"):
TOGETHER WITH all the Improvements no\w of hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shali
also be covered by this Security Instrument, All of the foregoing ts referred to 1n this Security Instrument
as the "Property."
BORROWER COVENANTS that Borrower 1s lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and.conyey.the
Property_and thot (he Property \¢ unencumbered,except for
ie Property agalns
encumbrances of record, Borrower warrants and wi lefe: generally t
all claims and demands, subyect ta any encumbrances of record
THIS SECURITY INSTRUMENT combines uniform covenants for naflonal use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
teal property.
Uniform Covenants. fowel id Lender covenant and agree as follows:
(i
4, Payment of Principat, crow items, Prepayment Charges, and Late Charges.
1 of, and interest on, the debt evidenced by the Note and any
pescirk
Borrower shall pay when due t
prepayment ciarges and late ch. gost i inder the Note Borrower shall also pay funds for Escrow Items
pursuant to Section 3 Payments di Re Note and this Security Instrument shall be made in U.S,
currency, However, If any che ors
this Security Insteument ss retut
payments due under the Note and his
ie rument received by Lender as payment usder the Note or
tunpald, Lender may requite that any or all subsequent
ument be made in one or more ofthe following forms,
ag selected by Lender" (a) cash, (b) money ord “(6) certlfied check, bank check, (reasurer’s check or
cashier's check, provided uny such
Preview
Filing # 67849272 E-Filed 02/12/2018 04:04:07 PM IN THE CIRCUIT COURT OF THE 9TH JUDICIAL CIRCUIT IN| AND FOR OSCEOLA COUNTY, FLORIDA, CASE NO. NEW PENN FINANCIAL, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, Plaintiff, VS. ADAN PEREZ; NEREYDA PEREZ A/K/A NEREYDA SOLIS; SPRINGTREE CROSSING HOMEOWNERS ASSOCIATION, INC; UNKNOWN TENANT #1; UNKNOWN TENANT #2, Defendant(s). — COMPLAINT Plaintiff, New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing, brings this Complaint against Defendants, Adan Perez, Nereyda Perez a/k/a Nercyda Solis, Springtree | I Crossing. Homeowners Association, Inc,, Unknown Tenant #1, Unknown Tenant #2, and for its i cause of action alleges and states the following: COUNT L- MORTGAGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property in Osceola County, Florida. 2. “All conditions precedent to the filing of this action have been performed, have occurred or have been waived, 3 Attached hereto is a copy of a Promissory Note (hereinafter referred to as the “Note”) which was executed by Defendant, Adan Perez, on December 19, 2012, and delivered to the payee named therein to evidence a just debt. 4 Said Note is secured by a Mortgage which was executed by Defendants, Adan Perez a/k/a Nereyda Perez a/k/a Nereyda Solis, and recorded on January 14, 2013, in Official Record Book 4381, at Page 2078, of the Public Records of Osceola County, Florida, a copy of said Mortgage is attached hereto, and encumbers the following described property: Lot 39, Block A, Springtree Crossing, according to the Plat thereof as recorded in Plat Book 5, page 25, of the Public Records of Osceola County, Florida. Street Address; 1612 Sunburst Way, Kissimmee, Florida 34744 5 Plaintiff's counsel is in physical possession of the Note endorsed in blank which is the subject of this action and therefore, Plaintiffis the holder of that Note. 6 The covenants in Plaintiff's Note and Mortgage have been breached in that the payment due and payable on February 1, 2017, and all subsequent payments have not been paid, A principal balance of $133,571.93 is due and owing to Plaintiff on said Mortgage indebtedness, with interest thereon from January 1, 2017. 7 Plaintiff declares the full amount payable under the Note and Mortgage to be due, together with any sums advanced and paid to protect its security for ad valorem taxes, premiums on insurance required by the Mortgage and other necessary costs, fiuthermore additional costs may be required to be advanced during the pendency of this action. Any such sum so paid will be due and owing the Plaintiff. 8 As a result of the Defendant(s) default of the terms of the Note and Mortgage, the Plaintiff has been required to retain the undersigned attorneys and is obligated to pay said attorneys a reasonable fee for their services, _ a 9 Jn order to ascertain the necessary and proper parties to this suit, it has been necessary for the Plaintiff to incur a title search expense, the cost of which Plaintiff is entitled to recover under the terms of said mortgage. 10, The record owner(s) and holder(s) of the fee simple title to the aforesaid real property is/are Defendant(s}, Adan Perez and Nereyda Perez a/k/a Nereyda Solis, who hold(s) possession, lL. Defendant, Springtree Crossing Homeowners Association, Inc., is made a defendant in this action pursuant to the requirements of Florida Statute 718.116, and/or may otherwise claim an interest in the property which is the subject of this action pursuant to Florida Statutes, chapters 718 through 721, but any interest in the mortgaged. property held by said Defendant is junior, inferior and subordinate to the lien of Plaintiff's Mortgage with the exception of those items enumerated in Florida Statute §718.116(1)(). 12, Defendant, Springtree Crossing Homeowners Association, Inc., recorded a Claim of Lien on October 11, 2016, in Official Records Book 5038, at Page 1140, of the Public Records of Osceola County, Florida, but the lien thereof, if valid, is junior, inferior and subordinate to the lien of Plaintiff's Mortgage. 13, Defendants, Unknown Tenant #1 and Unknown Tenant #2, may claim or have some interest in or lien or claim upen the property by virtue of an unrecorded lease and/or their status as tenants in possession of the Property, but eny such interest, lien or claim is subject, subordinate and inferior to the right, title, interest and lien of Plaintiff's mortgage herein sought to be foreclosed. a 14, If it is determined that Florida Statute §57.011 is applicable to the Plaintiffin this action, in the event that costs are adjudged against the Plaintiff and in favor of the Defendant, the undersigned attorney shall be liable to pay said costs in an amount not to exceed those specifically set forth in said statute. WHEREFORE, Plaintiff demands judgment foreclosing the mortgage, if the proceeds of the sale are insufficient to pay Plaintiff's claim, a deficiency judgment from any defendant liable under the note, except any Defendant(s) personally liable who have been discharged from liability under the subject note pursuant to the provisions of the Bankrupiey Code 11 U.S.C, Section 101, et. seq, Plaintiff further prays that the Court will grant costs for asserting title, cost incurred in filing this order, attomey fees, and any other relief that the Court considers just and equitable in the circumstances. McCabe, Weisberg & Conway, LLC 500 South Australian Avenue, Suite 1000 West Palm Beach, FL 33401 Telephone; 13-1400 / Fax: (561) 713-1401 Primary fail fp com By Ruth&mar Hyppolite, Esq. Verific: Fla. Bar No. 1097014 Under penalty of perjury, 1 declare that I e read the foregoing complaint, and the facts alleged therein are true and correct to the best o: y knowledge and belief. weno asha Sher aal nites FO*CCAK We Semalst New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing _ Last four (4) digits of Lean 10: [i Borrower Name: Adan Perez Property Address: 1612 Sunburst Way Kissimmee, FL34744 Florida Statutes § 702.015 (4) Possession Certificate (1) Pursuantto Florida Statutes § 702.015 (4), under penalty of perjury, 1, Slephanle N. Wessel, ‘Supervisor for New Penn Fihaneial, LLC d/b/a Shellpoint Mortgage Servicing, give this certification of behalf of the Plaintiff, I am authorized to provide this certification for Plaintiff as an employee of New Penn Financial, LLC d/b/a Shellpoint Mortgage Servicing as Plaintiff's loan servicer and attorney-in-fact. (@) Plaintiff is in possession cf the original Prornlssory Note at issue in the foreclosure action ‘trough servicer which possesses the note on behalf of the Plaintiff. (3) At the time of verification, the original Promissory Note was iecated at 55 Beattie Place, Greenville, SC 29601, oad lly verified Plalntiff’s possession through Servicer, of the original Promissory Note on ie (date) at £m (time). (5) A true and correct copy of the Promissory Nota and Allonge(s) (if applicable} Is/are attached to this certificate as “Exhibit A”, Signatur Printed Name: Stephanie N, Wessel Title: Supervisor Date: Ma — i — EXHIBIT A ono Note Desomber 19, 2012. Kissimmee Dae (Ciy) (Statoy 1612 SUNBURST WAY, Kissimmee, FL 34744 PPropany Addcess} 41, Borrower's Promise to Fay. In zeturn for a loan that J hava received, [ promise to pay U.S. $144,465,00 (this amount {s called "Principal”), plus interost, to the order of the Lendes, The Lender is JPMorgan Chase Bans, NiAw. J will avake all payments wider this Note in the forin of eash, check az money ‘order, 1 anidezstand thatthe Lendertnay this Moto 'The Lend eho.tuker thie Note by transfer and who titled. to receive payments under this Note is oulled the “Nora Holder", 2. interest, Interest will be churgsd on unpaid principal unl fhe full anoutt of Prinoipal hes been pald. I will pay tnterest atu yearly ratn of 4,125%, ‘The interest rato required by this Seotion 2 is the sate I will pay both befbre and after any defuul doxeribed !n Section 6(B) of this Noto. 3. Payments. (A) Time and Place of Payments. Iwill pay principal and interestby making a payment every month. 1 will make muy monthly paymentonthe Ist day of ench month begining on Febrasry 1,2043,1 wll make these payments every snonth until J have paid all ofthe ptincipal and interest and any ather charges desoxibed below that may owe under {his Note, Bach monthly payment will be appited as of its scheduled due date'and will be applied to interest before Prinoipal-If, oft January 1, 2043, 1 still owe amounts under this Note, will pay those aniownts in full on that date, which 4y oalled the’ "Maturity Date”, L wilt moke my monthly payments at P.O, Box 78420, Phoenix, AZ 85062-8420 or at a different place {f required by the Note Holger. (B) Amount of Monthly Payments. My monthly peymont will be inthe amount of U.S, $700.15, 4, Borrower's Right to Prepay. have the right to make payments of Principalat any time before they ate dup. A payment of Prinofpal only Is known #3 & “Prepayment", Whan | make q Prepayment, I'v] tll the Note Holder in writing that Tam doing so, Lanay not designate a payment as 4 Prepayment if have not made afl the monthly payments due under the Note Liay make a full Prepayment or partial Proj ments without paying 4 Prepayment charge, The Note Holder will use my Propayments to zeduve the amount of Princl el ‘that | awa under this Note, However, the Note Holder may apply my Propayient !o the accrved and unpald interest on the Prepayment amount, before applying my Prepayment to reduce the Prinelpai amount of the Not, J? make a partial Prepayntent, there will be no changes in the due date or in the amguutof my monthly payment unless the Note Holder agrees in welling to those changes. is finelly interpreted so taat &, Loan Charges, If alaw, which applies to this loan and which sets maximum lown chergas, the interest or other loon ctiarges collected or to be collected in connection with this loan exoced the permitted limits, then: @ any such loan chatge shall be reduced Ly the amount nebessary to redvoe the charge to the permitted limits and (b) any suits alzeady collected from me which exceeded nermittod limits will be refundedto me, ‘The Note Holder mi chooseto make this refund by sy reducing the Principal ? owe under this Note or by mating. ° divect paymentto me, Ifa refund reduces Prinotpal, the reduction willbe treated as a partis! Prepayment, 6, Borrowor's'Fallure fo Pay as Required. fFlowk Bxto Rage Nave-la Feu Nets Mac UstObM INLET rome ‘etn Kear Fae Sea a iain fron P9413 INI IMT a ese —— a ~ fchaxge (A) \) Late Charge for Overdue Payments, Ifthe Note Holder has net rovelyed the full amount of any monthly paytnent vy the end of Fifteen calendar days after the dato it Is due, I wiil pay a late charge to the Note Holder, The amount ofthe vill be 3.000% of my overdue payment of principal and interost, I wii pay this late charge ‘promptly but oaly once on-ench lete payment, (B) Default, ££1 do not pay the full amount of exe. snonthly payment on the date itis ee, Iwill be in cofuult of Piincl ea (C} Notice of Default, Jf]am in default, tho Note Holder may sead me # written notice telling nie that !f1do not overdue amountby 4 vertain dato, the Note Holder may reqults me to pay immediately the full amount which has not betn paid and all the interest that | owe ‘on that amount, That date mustbe at loast 30 days after the date on which the notice ts mailed to me oy deliveredby other menns. (D) Na Walver By Note Holder, Bvon if, et atime when { ain in dafuult, the Note Holder does not require neto pay immediately in full as described above, the Noto Holder will still have the tight to do so if) am In default ara Jeter time, of Note Holder's Costs and Expenaea. If the Note Heider hart ane pay i full as descrived above, the Note Holder will have the night to be paid back by me for atl of Its costs and expenses in onforeing tis Nateto the extent not prohibited by appiloable law, Those expenses include, for example, reasonable attorneys! fees, 7, Giving of Notices, Unless apy plicable law vequlres a different mothod, any notics that must be given to me under this Note wil be given by delivering itorby maillng It by first class tall | to nie at the Proparly Addross above or at s different address if] give the Note Holder a riatice off my different address, ‘Any notice that must be given to the Nate Holder under this Note willbe given by delivering it orby malting itby fit oless mail to the Note Holder at the address stated In Section 3(A) above or at a different address iff am given anoilce of that different nddvess, 8, Obligations of Persons Under This Note. tfmore than one-person signs ths Note, each person s fully anc personally oblignted to keep all of the promises made in this Note, inoluding the promisate pay the fall amount owed, Any pesson whe 4s a guarantor, surety or endorserof this Note jg also obligated to du these things. Any person whe fakes over thess obligations, including the obligations of a guaraxtot, surety or eadorsey of thiy Note, 1s also obligated to keep el] ofthe promises mado dn this Note, ‘Tho Note Holder may enforoe its rights under this Note against tagh person Individually or ageingt all of us togeticr, This means that any ono ofus may be requlted tv pay elf of the amounts owed under this Note, 9, Waivers. J and any other person who hes obllgatiots under this Note walve the rights of Presostment dnd Notice of Dishonor, “Presentment” means the right to require the Note Holder to demand payment of amounts due, “Notte gf” Dishonor” means tio rlght to require the Nots Holder to glve notice to other persons that amotints duo have not besn pald, 40, Uniform Secured Noto. This Note is a uniform Instrument with mited variations in some jurisdictions. In addition to the protestlons given te the Nota Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Seo Lnstrument”), dated the same date as this Note, protzcts the Note Holder from possible losses that might result {f} do not kvep tha promisos which I makein this Note, That Security Instrument desorloes how and under what conditions I may be required to make immediate payment in full of all amounts] owe under this Note, Some of thoss conditions are described. ng follows: ‘fall o2 any puttof tho Property or any Interest in the Propesty Is sold or transferred (ot +f Borrowor s tot a naturel person and a beneficial interest in Batrower is sold of transferred) without Lender's prlor written consent, Lender may require jmmediate paytnentin full ofall sams secured by thls Seourlty Instrument. However, thls option shall not be exeralsed by-Lender if such exerolae is prohibited by Applicable Law. Ff Lender! exorvises this option, Lender shal! give Borrower notice of acceleration, The hotice shall provide a perled of not less than 30 days fromn the daty the notice is given In accordance whth Section 15 within which Borrowor must pay all sums secured by this Scourty Iasteunent, If Bourower falls to pay these sumy prior to the expiration this of period, Lender may invoke any remedies permitted by thls Security Instrument without further notice or demand on Borrower, 41, Documentary Tax. The state documentary tax due on this Note has boon paid on the mortgage securing this Indebtedness, loans Fico Rare Novas andy ara Mantis Mac UNrwA rENT PeeaS20 (10 sar ine Phil aden a bites: Pagedord _ {NM I A{ soon oe a ~ WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. il Borrower (D.L2.2 Seal | Fay to he orteron Fos Fou Rane Nove Shy Ford Porn uemedte Meo NORE Wo RAENT I0(00)ai oy ‘Won fewer nae Bons ‘. Pose -. —— ua in : bet te — EXHIBIT B *“ oe roa Return To: JPMorgan Chase Bank, N A. Collateral Trailing Documents BO, Box 8000 - Monroe, LA 71203 Prepared By: David Ruggles 1820 & Sky Harbor Circle S Flr2 Phoenix, AZ 85034 Mortgage Definitions. Words used in m ns of this document are defined below and other words are defined in Sections 3, 11, 13, I ), Certain rules regarding the usage of words used in this document are also provided in (A) “Security fastrument™ ti ent, which is dated December 19, 2012, together with al! Riders lo this document: (B) "Borrower" 1s ADAN PE the mortgagor under this Security Instrument. (C) "Lender" is JPMorgan Chast nk det Is a Natlonal Banking Association organized and evisting under the laws of the rider's address s 1111 Polaris Parkway, Floor 4), Columbus, OH 43240 Lender is the mortgagee under this Sequrity Instrument, December 19, 2012 The Note (D) “Note” means the promissory note signed by Borrower and dated four hundred sixty-five and 00/100 states that Borrower owes Len der one hundred forty four thousand Dollars (U.S. $144,465.00) plus interest, Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than January 1, 2043. {E) “Property” aveans the property that 1s described below under the heading "Transfer of Rights In the Property," prepayment charges and late (F) “Loan“ means the deot evidenced by the Note, plus interest, any charges due under the Note, and all sums dus under this Security Instrument, plus interest. {G) “Riders” means all Riders to thls Seourlty Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as appticable)’ Adjustable Rate Rider DO Condominium Rider CO Second Home Rider am 101404 TERRIA rami Fre Maan Mes UNIFGRM sNSTRUMENT oui Yieters Ke Prana Since a cine rune e ~— T mc nn _ — 04:33:01 PM RECEIPT # 1616852 Recorded In Osceola County, FL ARMANDO RAMIREZ, CLERK OF COURT 01, 14412019 Reo Fees 174.50 MTG DOG 505.75 INTANGIB LE 288,93 EXTRA NAMES CFN# 2013008031 BK 4384 PG 2078 PAGE 1 OF 20 © Balloon Rider {2 Planned Unit Development Rider O 1-4 Family Rider O VA RiWer 1 Biweekly Payment Rider Ty Other(s) [specify] (H) “Applicable Law” means ail I controlling applicable federal, state and local statutes, regulations, ordinances and administrative ul ies and orders (that have the effect of law) as well es all applicable final, non-appealable judicial opinions * (1) “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 simitar organization. D) “Electronic Funds Tr ansfer” means any transfer of funds, other than a transaction originated by simi per instranrent, whietris tat my Instrument, ‘computer, or magnetic tape so as to order, Instruct, or authorize a financial 1 institution to debil or credit an account. Such term includes, but is not fintited to, point-of-sale transfers, automated se teller machitie transactions, transfers initiated by telephone, wire transfers, and autotnated clearinghou transfers, (K) “Ercrow' frems" the stems that are described ia Section 3, (L) “Miscellaneous Pro in s any compensation, settlement, award of damages, or proceeds paid by any third party (all urance proceeds paid under the coverages described in Section 3) for: (1) darrage to, or de: i the Property: (if) condemnation or ather taking of all or any part of the Property, (Ili) co! eu of condemnation; of (iv) misrepresentationg of, or omissions as to, the value and of the Property (M) “Mortgage Insurance protecting Lender against the nonpayment of, or default ‘on, the Loan (N) “Periodic Payment” means the regul uled amount due for (1) principal and interest under the Note, plus (11) any amounts ui t this Security Instrument (Q) “RESPA" means the Real Batate Settlement Prozedures Act (12 U.S.C. Section 2601 et seq ) and {ts implementing regulation, Regulation X ( 24 C E.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 thts Security Instrument, + RESPA refers to all requirements does and restrictions that are imposed in regard to a “federall y relate d mortgage foan" even if the Loan not quality as a “federally related mortgage loan" under RESPA. Property, whether (P) “Successor in Interes! of Borrawer + means any party that has taken litle to the ‘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 instrament sec uresandto (1) Lender: (5) the repayment the performance of of the Loan, and all renewals, extension s and modificat ions of the Note; rument and the Note. For this purpose, Borrower's covenants and agreements under this Security Inst Borrower does heteby mortgage, graitt and convey to Lender, the following described property located FLORIDA Ginga Family wime Madéfradhe Moe WNIFORM WNSTRUMENT vein uae Francie! Sorc a AO Th ODOT ll PG 2079 PAGE 2 OF 20 CFN# 2012008031 OFFICIAL RECORDS O DOC_TYPE NTG BK 4381 a inthe COUNTY {Typo of Recording Jurisdiction] of Osceola [Name of Recording Jurisdiction). SEE ATTACH See Attached Parcel {D Number R142529-2179000A.0390 which currently has the address of 1612 SUNBURST WAY (Street) Kissimmee [City], Florida 34744 (Zip Code] ("Property Address"): TOGETHER WITH all the Improvements no\w of hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All replacements and additions shali also be covered by this Security Instrument, All of the foregoing ts referred to 1n this Security Instrument as the "Property." BORROWER COVENANTS that Borrower 1s lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and.conyey.the Property_and thot (he Property \¢ unencumbered,except for ie Property agalns encumbrances of record, Borrower warrants and wi lefe: generally t all claims and demands, subyect ta any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for naflonal use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering teal property. Uniform Covenants. fowel id Lender covenant and agree as follows: (i 4, Payment of Principat, crow items, Prepayment Charges, and Late Charges. 1 of, and interest on, the debt evidenced by the Note and any pescirk Borrower shall pay when due t prepayment ciarges and late ch. gost i inder the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 Payments di Re Note and this Security Instrument shall be made in U.S, currency, However, If any che ors this Security Insteument ss retut payments due under the Note and his ie rument received by Lender as payment usder the Note or tunpald, Lender may requite that any or all subsequent ument be made in one or more ofthe following forms, ag selected by Lender" (a) cash, (b) money ord “(6) certlfied check, bank check, (reasurer’s check or cashier's check, provided uny such