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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.