No Value: WELLS FARGO BANK vs. UNITED STATES OF AMERICA ACTING THROUGH SECRETARY OF VETERANS AFFAIRS

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                                Filing # 180268979 E-Filed 08/22/2023 04:59:45 PM



                                                                                                                         23-003322

                                  IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
                                          IN AND FOR OSCEOLA COUNTY, FLORIDA
                                                      CIVIL ACTION

            WELLS FARGO BANK, N.A,

                     Plaintiff,
                                                                                  CASE NO.: 2023 CA 003228 MF
            vs.                                                                   DIVISION

            RAMON CARTAGENA, et al,

                     Defendant(s).
                                                 /

                                       PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
                                                   INCLUDING A HEARING
                                            TO TAX ATTORNEYS' FEES AND COSTS

                     Plaintiff, Wells Fargo Bank, N.A, moves for Summary Judgment pursuant to Fla. R.Civ. P. 1.510,

            and in support thereof, states as follows:

                     1    Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Osceola

                          County, Florida, the legal description of which is set forth in the Complaint.

                          Defendants were duly and regularly served with process.

                          The undisputed facts upon which this motion is based are that:

                          a.      The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be

                                  foreclosed, which is in default, and which is superior to any right, title, interest or claim

                                  of all Defendants and all persons or entities claiming, by through or under them.

                                  The Plaintiff
                                             was in possession of the Original Note prior to the initiation of this action

                                  and is entitled to enforce the Note and Mortgage.

                                  Plaintiff has complied with all conditions precedent

                                  The loan is in default

                                  Plaintiff is due the unpaid principal balance along with interest, escrow, and all fees and

                                  cost associated with this action.

                          Based upon the forgoing and the facts established by Plaintiffs affidavit in support of this

                          motion, there are no genuine issues as to any materials facts, and as such Plaintiff is entitled to

                          Final Summary Judgment as a matter of law. See Brock v. Associates Fin.,Inc., 325 So. 2d 135,
135 (Fla.1* DCA 1993) (“To establish entitlement to a summary judgment, the moving party
               must demonstrate conclusively that no genuine issue exists as to any material fact, even after

               all reasonable inferences are drawn in favor of the party opposing the summary judgment.”).

          WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all

Defendants for the relief set forth in its Complaint.

                                        CERTIFICATE OF SERVICE

          THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to all

parties on the attached service list by mail or eService on this      92.   day of August 2023.


                                                                   Albertelli Law
                                                                   P.O. Box 23028
                                                                   Tampa, FL 33623
                                                                   (813) 221-4743
                                                                   (813) 221-9171 facsimile
                                                                   eService: servealaw@albertellilaw.com



                                                             By:   _/s/ Charline Calhoun
                                                                   Florida Bar #16141




AJ - 23-003322 - MSJ
Service List

Ramon Cartagena
c/o Ayana Cruz, Esq.
2100 Constitution Boulevard Suite 116
Sarasota, FL 34231
E-Serve 1: eservice@vanstonelaw.com, E-Serve 2: acruz@vanstonelaw.com

United States of America Acting through Secretary of Veterans Affairs
c/o U.S. Attorney
400 North Tampa Street - Suite 3200
Tampa, FL 33602

TD Bank USA, N.A.
c/o President or Vice President
2035 Limestone Rd
Wilmington, DE 19808

Midland Funding LLC
c/o Midland Credit Management, Inc., Registered Agent
13008 Telecom Drive, Suite 350
Tampa, FL 33637

Eagle Bay of Osceola County Master Association, Inc.
c/o Association Solutions of Central Fl, Inc., Registered Agent
811 Mabbette Street
Kissimmee, FL 34741

Eagle Bay of Osceola County Homeowners Association, Inc
c/o Crystal Maier
448 South Alafaya Trail, Unit 8
Orlando, FL 32828
E-Serve 1: crystal@dhnattorneys.com

Tommy M. Cartagena
c/o Ayana Cruz
2100 Constitution Blvd., Suite 116
Sarasota, FL 34231
E-Serve 1: acruz@vanstonelaw.com