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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS
TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME
LOAN TRUST 2006-EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
DIVISION: AW
RAFAEL A. DELVALLE, et al,
PY
Defendant(s).
CO
NOTICE OF FILING
Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Hbjne Loan
Trust 2006-EQ1, gives Notice of Filing of an Unexecuted Affidavit as to Amounts Due and Owhrgv good through
D
November 18, 2008.
IE
1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this
IF
day of October, 2008, to all parties on the attached service list.
RT
Albertelli Law
P.O. Box 23028
Tampa, FL 33623
CE
(813)221-4743
A
Brfenrta Finch
Brianrta
T
Florida Bar No.: 37467
O
-07-03109
N
Service List
Rafael Delvalle
275 S.W. 56th Ave., Apt 110
Margate, FL 33068
Lake Charleston Maintenance Association, Inc.
c/o Keith F. Backer, Esquire
The Arbor, Suite 420
400 South Dixie Highway
Boca Raton, FL 33432
PY
CO
D
IE
IF
RT
CE
A
T
O
N
07-03109
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS, AS
TRUSTEE AND CUSTODIAN FOR SOUND VIEW HOME
LOAN TRUST 2006-EQ1,
Plaintiff,
CASE NO.: 502008CA002770XXXXMB
vs. DIVISION: AW
PY
RAFAEL A. DELVALLE , et al,
Defendant(s).
CO
__________________________ /
AFFIDAVIT AS TO AMOUNTS DUE AND OWING
STATE OF
D
COUNTY OF
BEFORE ME this day personally appeared
IE who upon oath,
IF
deposes on personal knowledge and says:
RT
1. This Affidavit is submitted in support of Plaintiff s Motion for Final Judgment for the
purpose of showing that there is in this action no genuine issue as to any material fact, and that
CE
Plaintiff is entitled to a judgment as a matter of law.
2. My name is, and I am the
of Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee
A
and Custodian for Soundview Home Loan Trust 2006-EQ1. Saxon Mortgage Services, Inc. as attorney in fact
T
for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust
O
2006-EQ1 is the owner or servicer for the owner of the note and mortgage herein. Saxon Mortgage Services,
N
Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview
Home Loan Trust 2006-EQ1 is responsible for the collection of this loan transaction and pursuit of any
delinquency in payments. I am familiar with the books of account and have examined all books, records,
systems, and documents kept by Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust
Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ 1 concerning the
transactions alleged in the Complaint. All of these books, records, systems, and documents are kept by Saxon
Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and
Custodian for Soundview Home Loan Trust 2006-EQ1 in the regular course of its business as servicer of the
loan transaction and are made at or near the time by, and from information transmitted by, persons with
personal knowledge of the facts such as your affiant. It is the regular practice of Saxon Mortgage Services, Inc.
as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview
Home Loan Trust 2006-EQ1 to make and keep these books, records, systems, and documents. The books,
records, systems, and documents which Affiant has examined are complete, accurate and correct. Furthermore,
PY
Affiant has personal knowledge of the matters contained in the books, records, systems, and documents kept by
Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and
CO
Custodian for Soundview Home Loan Trust 2006-EQ1.
3. I have personal knowledge of the facts contained in this affidavit. Specifically, I have
D
personal knowledge of the facts regarding the sums of money which are due and owing to Deutsche Bank Trust
IE
Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 pursuant to the
Note and Mortgage which is the subject matter of the lawsuit.
IF
4. Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for
RT
Soundview Home Loan Trust 2006-EQ1, has advanced and is owed the following sums of money as of
11/18/2008:
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PRINCIPAL $296,780.60
INTEREST 37,809.53
PER DIEM OF $83.3425
A
(10.250% interest rate)
T
PRE-ACCELERATION LATE CHARGES 0.00
THROUGH January 20,2008
O
PROPERTY INSPECTIONS 136.00
N
PRO-RATA MIP 0.00
MIP/PMI 0.00
TAXES 8,437.98
INSURANCE 7,055.16
RECORDING FEE 0.00
OVERNIGHT CHARGES 0.00
OTHER (specify):
Breach Letter Fee 7.00
NSF Fee 25.00
Appraisal Fee 190.00
PY
TOTAL $350,441.27
07-03109
CO
5. Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company
Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 has employed the services of
D
the law firm of Albertelli Law in this action against the Defendant(s), and is obligated to pay Albertelli Law a
IE
reasonable attorney's fee for its services, along with all costs and expenses of this action. In this uncontested
IF
foreclosure case, we have agreed to pay the law firm of Albertelli Law a flat fee of $1,200.00. In the event the
matter becomes contested, we have agreed to pay an hourly fee up to $ 150.00 per hour.
RT
FURTHER AFFIANT SAYETH NOT.
CE
Type Name Here:
The foregoing instrument was sworn to and subscribed before me this day of
A
, 2008, by, who is personally known to me.
T
NOTARY PUBLIC, State of
O
My commission expires:
N
ALF - 07-03109
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUNDVIEW HOME LOAN TRUST 2006-EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB DIVISION: AW RAFAEL A. DELVALLE, et al, PY Defendant(s). CO NOTICE OF FILING Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Hbjne Loan Trust 2006-EQ1, gives Notice of Filing of an Unexecuted Affidavit as to Amounts Due and Owhrgv good through D November 18, 2008. IE 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by the U.S. Mail this IF day of October, 2008, to all parties on the attached service list. RT Albertelli Law P.O. Box 23028 Tampa, FL 33623 CE (813)221-4743 A Brfenrta Finch Brianrta T Florida Bar No.: 37467 O -07-03109 N Service List Rafael Delvalle 275 S.W. 56th Ave., Apt 110 Margate, FL 33068 Lake Charleston Maintenance Association, Inc. c/o Keith F. Backer, Esquire The Arbor, Suite 420 400 South Dixie Highway Boca Raton, FL 33432 PY CO D IE IF RT CE A T O N 07-03109 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS, AS TRUSTEE AND CUSTODIAN FOR SOUND VIEW HOME LOAN TRUST 2006-EQ1, Plaintiff, CASE NO.: 502008CA002770XXXXMB vs. DIVISION: AW PY RAFAEL A. DELVALLE , et al, Defendant(s). CO __________________________ / AFFIDAVIT AS TO AMOUNTS DUE AND OWING STATE OF D COUNTY OF BEFORE ME this day personally appeared IE who upon oath, IF deposes on personal knowledge and says: RT 1. This Affidavit is submitted in support of Plaintiff s Motion for Final Judgment for the purpose of showing that there is in this action no genuine issue as to any material fact, and that CE Plaintiff is entitled to a judgment as a matter of law. 2. My name is, and I am the of Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee A and Custodian for Soundview Home Loan Trust 2006-EQ1. Saxon Mortgage Services, Inc. as attorney in fact T for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust O 2006-EQ1 is the owner or servicer for the owner of the note and mortgage herein. Saxon Mortgage Services, N Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 is responsible for the collection of this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have examined all books, records, systems, and documents kept by Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ 1 concerning the transactions alleged in the Complaint. All of these books, records, systems, and documents are kept by Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 in the regular course of its business as servicer of the loan transaction and are made at or near the time by, and from information transmitted by, persons with personal knowledge of the facts such as your affiant. It is the regular practice of Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 to make and keep these books, records, systems, and documents. The books, records, systems, and documents which Affiant has examined are complete, accurate and correct. Furthermore, PY Affiant has personal knowledge of the matters contained in the books, records, systems, and documents kept by Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and CO Custodian for Soundview Home Loan Trust 2006-EQ1. 3. I have personal knowledge of the facts contained in this affidavit. Specifically, I have D personal knowledge of the facts regarding the sums of money which are due and owing to Deutsche Bank Trust IE Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 pursuant to the Note and Mortgage which is the subject matter of the lawsuit. IF 4. Plaintiff, Deutsche Bank Trust Company Americas, as Trustee and Custodian for RT Soundview Home Loan Trust 2006-EQ1, has advanced and is owed the following sums of money as of 11/18/2008: CE PRINCIPAL $296,780.60 INTEREST 37,809.53 PER DIEM OF $83.3425 A (10.250% interest rate) T PRE-ACCELERATION LATE CHARGES 0.00 THROUGH January 20,2008 O PROPERTY INSPECTIONS 136.00 N PRO-RATA MIP 0.00 MIP/PMI 0.00 TAXES 8,437.98 INSURANCE 7,055.16 RECORDING FEE 0.00 OVERNIGHT CHARGES 0.00 OTHER (specify): Breach Letter Fee 7.00 NSF Fee 25.00 Appraisal Fee 190.00 PY TOTAL $350,441.27 07-03109 CO 5. Saxon Mortgage Services, Inc. as attorney in fact for Deutsche Bank Trust Company Americas, as Trustee and Custodian for Soundview Home Loan Trust 2006-EQ1 has employed the services of D the law firm of Albertelli Law in this action against the Defendant(s), and is obligated to pay Albertelli Law a IE reasonable attorney's fee for its services, along with all costs and expenses of this action. In this uncontested IF foreclosure case, we have agreed to pay the law firm of Albertelli Law a flat fee of $1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $ 150.00 per hour. RT FURTHER AFFIANT SAYETH NOT. CE Type Name Here: The foregoing instrument was sworn to and subscribed before me this day of A , 2008, by, who is personally known to me. T NOTARY PUBLIC, State of O My commission expires: N ALF - 07-03109