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  • Buonincontro, Leonard Vs Buonincontro, Julie Non-Homestead Foreclosure $50,001 - $249,999 document preview
  • Buonincontro, Leonard Vs Buonincontro, Julie Non-Homestead Foreclosure $50,001 - $249,999 document preview
  • Buonincontro, Leonard Vs Buonincontro, Julie Non-Homestead Foreclosure $50,001 - $249,999 document preview
  • Buonincontro, Leonard Vs Buonincontro, Julie Non-Homestead Foreclosure $50,001 - $249,999 document preview
						
                                

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Filing # 11689258 Electronically Filed 03/24/2014 04:33:29 PM IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR COLLIER COUNTY CASE NO. 2009 CA 005799 BAC HOME LOANS SERVICING, LP F/K/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, vs. BOUNINCONTRO, JULIE, et al Defendants. MOTION FOR ORDER DIRECTING CLERK TO ISSUE A WRIT OF POSSESSION COMES NOW, FEDERAL NATIONAL MORTGAGE ASSOCIATION (hereinafter referred as “Purchaser”), by and through its undersigned counsel, and moves the Court for entry of an Order directing the Clerk of the Court to issue a Writ of Possession and in support thereof shows that: 1. A Final Judgment of Foreclosure was entered in this matter on 12/18/2013. 2. In accordance with the Final Judgment, the Clerk of the Court sold the real property at a public sale on 1/21/2014. 3. A Certificate of Title was issued by the Clerk of the Court on 2/3/2014. A copy of the Certificate of Title is attached hereto as Exhibit “A”. 4. PURCHASER HEREBY CERTIFIES that there are no bona fide tenants in possession of the subject property or, if there are tenants in possession, such tenants have been provided with notice as required by the Federal Protecting Tenants at Foreclosure Act, Pub. L. No. 111-22 [S 896] §§ 701-04, 123 Stat. 1632 (“Protecting Tenants at Foreclosure Act of 2009”), and this motion does not seek an order that violates the tenants’ right to continued occupancy under the Federal Protecting Tenants at Foreclosure Act. The Premises are occupied by NON BONA FIDE UNKNOWN OCCUPANTS. 5. A copy of the notification which was sent to the property address advising the Occupant(s) of the proceedings and requesting proof of any bona fide lease / tenancy is attached hereto as Exhibit “B”. No proof of bona fide lease or tenancy was provided. 6. Purchaser is entitled to be placed in immediate possession of the foreclosed Filed with Collier County Clerk of Courtsproperty, to wit. UNIT 205 OF SAN MARCOS RESIDENCES, A'CONDOMINIUM, ACCORDING TO THE DECLRATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 814, PAGES 1440 TO 1518, INCLUSIVE, AND ALL EXHIBITS AND AMENDMENTS THEREOF, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A/IKK/A - 291 South Collier Boulevard, Unit 205, Marco Island, Florida 34145. Wherefore; Purchaser, respectfully requests that this Court enter an Order dirccting the Clerk of the Court to issue a Writ of Possession, putting FEDERAL NATIONAL MORTGAGE ASSOCIATION in exclusive possession and granting such further relief as the Court deems just and necessary. I HEREBY CERTIFY that a true and correct. copy of the foregoing was served on the Z \ day of VI ( l 2014 to all parties on the below service list. Service was by email to all parties not exempt from Rule 2.516 Fla, R. Jud. Admin. at the indicated email address on the service list, and by U.S. mail to any other parties. MAILING LIST UNKNOWN SPOUSE OF JOHN A. BUONINCONTRO 291 SOUTH COLLIER BOULEVARD, # 205 MARCO ISLAND, FL 34145 LEONARDO BUONINCONTRO A/K/A LENNY BUONINCONTRO A/K/A LEN D, BUON 650 VISTA DRIVE OSWEGO, IL 60543 JULIE BUONINCONTRO 650 VISTA DRIVE OSWEGO, IL 60543 JOHN A. BUONINCONTRO 291 SOUTH COLLIER BOULEVARD MARCO ISLAND, FL 34145 JAMIE B, GREUSEL jbg@jbglaw.nct deg@jbglaw.nct LAW OFFICE OF JAMIE B. GREUSEL, 1104 N. COLLIER BOULEVARD MARCO ISLAND, FL 34145CASE NO: 2009 CA 005799 MOTION FOR WRIT. MAILING LIST CONTINUED MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O ELECTRONIC DATA SYSTEMS, CORP. 1901 E, VOORHEES STREET, SUITE C DANVILLE, IL 61834 BANK OF AMERICA, N.A. NORTHEAST LEGAL ORDER PROCESSING NY7-501-01-01 SUBPOENAS 5701 HORATIO STREET UTICA, NY 13502-1024 CURRENT OCCUPANT 291 S. COLLIER BLVD,,. #205 MARCO ISLAND, FL 34145 are E. Craig Florida Bar No. 62198 GREENSPOON MARDER, P.A. TRADE CENTRE SOUTH, SUITE 700. 100 W. CYPRESS CREEK ROAD FT, LAUDERDALE, FL, 33309 Telephone: (954) 331-2020 Facsimile: (954) 343-6982 Email 1: heather.craig@gmlaw.com Email 2: eviction@gmlaw.com (Our File No.: 26763.0590)INSTR 4941341 OR 5005 PG 3435 RECORDED 2/4/2014 11:49 AM PAGES 2 DWIGHT E. BROCK, CLERK OF THE CIRCUIT COURT, COL! poce 70° $000 ’ ’ LIER COUNTY FLORIDA CONS $151,000.00 Vr IN THE CIRCUIT COURT OF THE 20TH JUDICAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA. CASE No. 0905799CA. BAC HOME LOANS SERVICING, LP FK/A COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff, vs. BUONINCONTRO, JULIE, et al., Defendants. / ce ICATE OF TITL The undersigned Clerk of the Court, certifies that he executed and filed a Certificate of Sale in this action on_.Janva, ¥ 24 , 20.1Y for the property described herein and that no objections to the sale have been filed4vithin the time allowed for fing objections. The following described property it UNIT 205 OF SAN MARCOS RESID ENCES, A CONDON , ACCORDING TO THE DECLARATION OF COND! RDED{N OFRICD L RECORDS BOOK 814, PAGES Witness my hand and seal of the Court on the day of __ Fe bevee 2014. DWIGHT E. BROCK ' CLERK OF THE CIRCUIT COURT" This instrument prepared by: Greenspoon Marder, P.A. 100 West Cypress Creek Road Trade Centre South, Suite 700 Fort Lauderdale, F1 33309 (Matter # 26217.0274) EXHIBIT sine i 888-491-1120 Locations Throughout Florida Fort Lauderdale ‘Orlando Aventura ‘Boca Raton ‘West Palt*** OR 5005 PG 3436 *** V 650 VISTA DRIVE J 650 VISTA DRIVE IN THE CIRCUIT COURT OF THE 20TH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CASE NO.: 0905799CA. BAC HOME LOANS SERVICING, LP F/K/A COUNTRY WIDE HOME LOANS SERVICING, LP, Plaintiff, vs. BUONINCONTRO, JULIE, et al, d CERTIFICATE OF SERVICE | | LEONARDO BUONINCONTRO A/K/A LENNY BUONINCONTRO A/K/A LEN D. BUON OSWEGO, IL 60543 JULIE BUONINCONTRO OSWEGO, IL 60543 MARCO ISLAND, FL 34145 JAMIE B. GREUSEL x; jbg@jbglaw.net ATTORNEY FOR SAN MARCO RESIDENCES OF MARCO, INC. 1104 N. COLLIER BOULEVARD MARCO ISLAND, FL 34145 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ~ C/O ELECTRONIC DATA SYSTEMS, CORP. 1901 E. VOORHEES STREET, SUITE C DANVILLE, IL 61834 BANK OF AMERICA, N.A. NORTHEAST LEGAL ORDER PROCESSING NY7-501-01-01 SUBPOENAS 5701 HORATIO STREET UTICA, NY 13502-1024 Geeir spo Mander | PA. (26217.0274/ATriana)jh Default Department nM Trade Centre South, Suite 700 i 100 W. Cypress Crack Road AT OC ON) NE I At e AW Fort Lauderdale, Florida 33309-2140 Phone: 95+4.331.2020 888.491.1120 Fax: 954.343.6982 www.gmilaw.com Email: eviction@gmlaw.com EVICTION NOTICE AND 90-DAY NOTICE TO VACATE Sent by Certified Mail, Return Receipt Requested February o D » 2014 ALL CURRENT OCCUPANT (S) 291 South Collier Boulevard, Unit 205 Marco‘Island, Florida 34145 Dear Current Occupant(s): The property you live in has gone through foreclosure and has a new owner.. The owner of the Property is FEDERAL NATIONAL MORTGAGE ASSOCIATION. A foreclosure sale of the above-referenced property was conducted, the statutory. redemption/upset bid period has now expired and the rights of the parties to the sale have beconie fixed. The undersigned firm represents the owner of the Property. If you are a tenant of the previous borrower, you may have certain rights under the "Protecting Tenants at Foreclosure Act of 2009" (PTFA), but we are unable to make that determination without your cooperation and assistance, Please contact us immediately to let us know if you are a tenant and give us proof of your lease or tenancy. If we do not hear from you within ten (10) days of the above date we will take legal action to remove you from the property. In certain cases, under the Protecting Tenants at Foreclosure Act of 2009 if your lease is found to be bona fide, you may have the right to continue as a tenant for the remainder of your lease or at least 90 days from the date of delivery of this notice, whichever is longer. A lease is considered bona fide only if all of the following conditions exist: (1) the tenant can provide a copy of or proof of the lease or rental agreement, (2) the occupant is not the mortgagor or the child, spouse, or parent of the mortgagor, (3) the occupant's lease was the result of an arms-length transaction, and (4) the lease requires the receipt of rent that (i) is not substantially less than the fair market rent for the Property, or (ii) the Property's rent is reduced or subsidized due to any federal, state or local subsidy. If, at any time, you violate your lease, the new owner may evict you for that lease violation and you will not be protected by the above law. If you are.a tenant of the property, you must provide the following dociiinents: (1) A copy of your lease or rental agreement, or if you do not have a written lease or rental agreement, a copy of the attached Exhibit A: Fort Lauderdale | Orlando | Aventura | Boca Raton | West Palm Beach | Stuart | Ta):jOral Lease Information, (2) A completed copy of the attached Tenant Information Questionnaire and (3) Copies of the last rental payment and security deposit made to the landlord. In the event you have a bona fide rental agreement for the property, this Notice is the 90 Day Notice to Vacate required by the Protecting Tenants at Foreclosure Act. Accordingly, you must surrender possession of the property within 90 days following the date of delivery of this written notice is delivered to you, or at the end of the term of your bona fide written rental agreement, whichever date is later. If on that date you fail to surrender possession of the Property legal proceedings will commence against you to recover possession of the Property and for possible damages caused by your unlawful detention of the Property. Very truly yours, GREENSPOON MARDER, P.A. Heather E. Craig, For the Firm (26763.0590/LIohnson)IT_A: ORAL L FO! 10) Date you entered into the lease with the prior owner: ‘Names of all parties who entered into the agreement; Term of the agreement (i.e., 6 months, 1 year): Monthly rent amount: Utilities, if any, paid by landlord; Amount, if any, of your security deposit: Do you receive a rent subsidy? (such as section 8) (please circle) Yes No * Ifyes, list the agency or housing authority handlin; your case Description of any other terms of your agreement:TENANT INFORMATION QUESTIONNAIRE Prior Owner: Property address: Name of all occupants Move-in date Phone No. Did you have a written lease with the prior owner? (please circle) Yes No If you do not have a written lease with the owner, please fill out Exhibit A titled “Oral Lease Information." Do you receive a rent subsidy? (such as section 8) (please circle) Yes No If yes, list the agency or housing authority handling your case . Monthly Rent Payments: $. Date Rent is Due: Date of Last Rent Payment Made SsReent Currently Paid Through: Date Lease Expired or Was Converted to Month-to-Month: Conditions of the Property that require repair, if any: Ifany occupant above is related to the Prior Owner(s), please circle the relationship: Parent Child Spouse Other:, Signature of Occupants:__ Dated: Signature of Occupants: Dated: Signature of Occupants:, Dated: Signature of Occupants:, Dated:, velease complete this form as woe oo as possible and return it within 3 business days, ith a COP’ and_EVIDE} ENT PAYMENTS to: EVICTION DEPT., GREENSPOON, MARDER, PA. 100 W. CYPRESS CREEK RD, FORT LAUDERDALE, FL 33309.Default Department GreenspoonMarder "og ereentane NEYS AT LAW Fore Lauderdale, Florida 33309-2140 Phone: 954.331.2020 888.491.1120 Fax: 954.343.6982. www.gmlaw.com Email: eviction@gmlav.com A February 2 2, 2014 Via Certified Mail, Return Receipt Requested Current Occupant(s) 291 South Collier Boulevard, Unit 205 Marco Island, Florida 34145 Re: 291 South Collier Boulevard, Unit 205, Marco Island; Florida 34145 Dear Occupant(s): Our office represents the current owner of the above-referenced property, which obtained the property as a result of the foreclosure sale held on 1/21/2014. If you are an active duty member of the United States Armed Forces or a dependent of an active duty servicemember, you may be. entitled to rights as provided in the Servicemembers Civil Relief Act. In such case, you or your attorney should contact this law firm and provide proof of military service immediately so that this firm can determine if you fall under the protection of the Act. Please contact the Eviction Coordinator at: 954-331-2020. We are writing to notify you that military service members on “active duty” or “active service,” or a dependent of such a service member may be entitled to certain legal protections pursuant to the Service members Civil Relief Act (50 USC App. §§ 501-596) (SCRA). If you believe that you may be. eligible for such protection, please contact our office at the below, within 10 calendar days from the date of this letter. Your cooperation is appreciated, Sincerely, GREENSPOON MARDER, P.A. s feather E. Craig, Esq- For the Firm Enclosure (26763.0590/LJohnson) Fore Lauderdale | Orlando | Aventura | Boca Raton | West Palm Beach | Stuart | Tallahassee.