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Filing# 81217305 E-Filed 11/26/2018 04:58:25 PM
IN THE CIRCUIT COURT OF THE SEVENTH
SUDICIAL CIRCUIT IN AND FOR FLAGLER
COUNTY, FLORIDA. CIVIL DIVISION
CASENO. 2018 CA 000691
U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS
INDIVIDUAL CAPACITY BUT SOLELY AS
TRUSTEE FOR THE RMAC TRUST, SERIES 2016-
CTT,
* Plaintiff,
vs.
MARTIN E. MCCARRICK A/K/A MARTIN
MCCARRICK; GRAND HAVEN MASTER
ASSOCIATION, INC.; CITIBANK (SOUTIL
DAKOTA), N.A.; MELISSA CAPUTE QUIK
CAPITAL LLC D/B/A STERLING FUNDING; STATE
OF FLORIDA, DEPARTMENT OF REVENUE;
UNITED STATES OF AMERICA; UNKNOWN
TENANT NO. 1; UNKNOWN TENANT NO. 2; and
ALL UNKNOWN PARTIES CLAIMING INTERESTS
BY, THROUGH, UNDER OR AGAINST A NAMED
DEFENDANT TO THIS ACTION, OR HAVING OR
CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN
DESCRIBED,
Defendants.
COMPLAINT
The Plaintiff, U.S. BANK NATIONAL ASSOCIATION, NOT INTTS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, sues-the Defendants,
MARTIN E. MCCARRICK A/K/A MARTIN MCCARRICK; GRAND HAVEN MASTER
ASSOCIATION, INC.; CITIBANK (SOUTH DAKOTA), N.A.; MELISSA CAPUTI; QUIK. CAPITAL.
LLC D/B/A STERLING FUNDING, STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED
STATES OF AMERICA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL
NKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/27/2018 01:56 PM
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DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR
INTEREST IN THE PROPERTY HEREIN DESCRIBED, and alleges:
GENERAL ALLEGATIONS
1 JURISDICTION: This is an in rem action for equitable relief or, alternatively, for
damages, which claims are within the subject matter jurisdiction of this Court.
2. VENUE: This is an action that involves parties and property located within the venue of
this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes.
3 PARTIES: All parties to this action are properly before this Court, and this Court has
personal jurisdiction over the parties.
4 SERVICER: Plaintiff
has authorized Rushmore Loan Management Services, LLC to agt as
the servicer of the subject note aud mortgage. Plaintiff has authorized Rushmore Loan Management
Services, LLC, in that capacity as servicer, to enforce the term of the Note and Mortgage.
5 CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have
been met by Plaintiff.
6 FEDCPA:
Ws Defendant(s) are hereby provided with validation notice pursuant to the Fair Debt
Collection Practices Act (“FDCPA”) 15 U.S.C.A. 1692. If the Defendant(s) request verification of the debt,
Plaintiff shall suspend its efforts te collect the debt until Plaintiff mails the requested information to the
Defendant(s) requesting the verification.
COUNTI
MORTGAGE FORECLOSURE
7 FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property
(hereinafter the “property”) in Flagler County, Florida, more particularly described in the mortgage attached
hereto as part of Composite Exhibit “A”.
8 EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On February 25, 2008,
Defendant(s), MARTIN E. MCCARRICK executed and delivered a promissory note (the “note”) and
2
eee a
Defendant(s), MARTIN E. MCCARRICK AND KERRY A. MCCARRICK executed and delivered a
mortgage (the “mortgage”), which secures payment of the note, to WELLS FARGO BANK, N.A., which
mortgage was recorded in the Official Records Book 1647, at Page 686, of the Public Records of Flagler
County, Florida, and which mortgaged the property. The Mortgage was subsequently modified in that
certain unrecorded Home Affordable Modification Agreement, with an effective date of February 1, 2010,
attached hereto as part of Composite Exhibit “A”. The morigage was again modified in that certain
unrecorded Loan Modification Agreement, with an effective date of October 1, 2017, attached hereto as
part of Composite Exhibit “A”. The Mortgage has been subsequently assigned pursuant to assignment of
mortgage recorded in Official Records Book 2307, Page 177, of the Public Records of Flagler County,
Florida, attached hereto as part of Composite Exhibit “A”. The property was then owned by and in
possession of the mortgagor.
9 HOLDER OF THE NOTE & MORTGAGE: The note and mortgage were subsequently
transferred to Plaintiff. Plaintiff holds the note and mortgage. Plaintiff is entitled to enforce the Note and
has the right to foreclose. A copy of the Note has been attached hereto as part of Composite Exhibit “A”.
10. OWNER OF THE PROPERTY: The Defendant(s) MARTIN E. MCCARRICK A/K/A
MARTIN MCCARRICK, own(s) the property.
I. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due
November 1, 2017, and all subsequent payments, which has resulted in a defauit of the note and mortgage.
Plaintiff declares the full amount due under the note and mortgage to be accelerated.
12. AMOUNTS DUE: The Plaintiff is owed $354,516.64 that is due as principal on the note
and mortgage, plus interest on said amount from October 1, 2017, together with deferred principal of
$88,593.98 as non-interest-bearing principal, together with costs, advances and expenses as provided in the
note and mortgage.
13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attomeys a
reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note
and mortgage.
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INFERIOR CLAIMANTS:
14. Defendant, GRAND HAVEN MASTER ASSOCIATION, INC., may claim some interest
in the subject property arising from unpaid assessments, and from a claim of lien, recorded in Official
Records Book 2217, Page 1381, and from an Amended claim of lien, recorded in Official Records Book
2248 Page 890, and from a Lis Pendens, recorded in Official Records Book 2250, Page 1493, and from a
Final Judgment, recorded in Official Records Book 2077, Page 401, of the Public Records of Flagler
County, Florida. This interest, if any, is inferior to Plaintiffs mortgage.
15. Defendant(s), CITIBANK (SOUTH DAKOTA), N.A., may claim some interest in or lien
upou the subject property arising from the Final Judgment, recorded in Official Records Book 1734, Page
671, of the Public Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage.
16. Defendant(s), MELISSA CAPUTL may claim some interest in or lien upon the subject
property arising from the Final Judgment, recorded in Official Records Book 2002, Page 684, of the Public
Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage.
7. Defendant(s), QUIK CAPITAL LLC D/B/A STERLING FUNDING, may claim some
interest in or lien upon the subject property arising from the Final Judgment, recorded in Official Records
Book 2115, Page 491, of the Public Records of Flagler County, Florida, which interest is inferior to
Plaintiff's mortgage.
18. Defendant(s), STATE OF FLORIDA, DEPARTMENT OF REVENUE, may claim some
interest in or lien upon the subject property arising from the Notice of State Tax Lien/Warrant, recorded in
Official Records Book 2003, Page 1424, of the Public Records of Flagler County, Florida, which interest
is inferior to Plaintiff's mortgage.
19. Defendant, UNITED STATES OF AMERICA may claim some interest in the property
arising from a Notice of Federal Tax Lien under the Internal Revenue Service and recorded in Official
Records Book 2039, Page 388, of the Public Records of Flagler County, Florida, a copy of which is attached
hereto in Plaintiff's Composite Exhibit “A”. This lien, if any, is subordinate and inferior to the lien of
Plaintiff's mortgage.
er ———
7
20. Defendants, UNKNOWN TENANT NO. 1 and UNKNOWN TENANT NO. 2, fictitious
names representing tenants in possession, may claim some interest in the property that is the subject of this
foreclosure action by virtue of being in actual possession of same, but any interest said Defendant(s) may
claim ia the subject property, if any, is subject and inferior to the lien of Plaintiff's mortgage.
24. Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH,
UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING
TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, may be
interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees,
assignees, lienors, creditors, trustees or other claimants by through, under or against a known person who
is dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is the
subject of this action or otherwise as the case may be. These interests, if any, are inferior to Plaintiff's
mortgage.
WHEREFORE, Plaintiff prays as follows:
a) That this Court will take jurisdiction of this cause, of the subject matter and the parties
hereto.
b) That this Court ascertain and determine the sums of money due and payable to the
Plaintiff from the Defendants.
c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien
upon the lands described in Plaintiff's mortgage.
d) That such lien be foreclosed in accordance with the mules and established practice of this
Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the
Plaintiff, the said land be sold to satisfy said lien.
e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title
or interest of the Defendants herein or any person or parties claiming by, through or under them since the
institution of this suit.
a owe a
f) That all right, title or interest of the Defendants or any person claiming by, through or
under them be forever barred and foreclosed.
g) That this Court grant general reliefin this cause as in its discretion might be meet and
just including, but not limited to, a deficiency judgment against the obligor of the note, to the extent
permitted by applicable Bankruptcy and State Jaw, if the proceeds of the sale are insufficient to pay
Plaintiff's claim.
SHD Legal Group P.A.
Attomeys for Plaintiff
499 NW 70th Ave., Suite 309
Fort Lauderdale, FL 33317
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: answers@shdlegalgroup.com
py, AAALLLS
<
Sandra A. Litile
4 be
Florida Bar No.: 949892
Roy Diaz, Attorney of Record
Florida Bar No. 767700
VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are
true and correct to the best of my knowledge and belief.
By: U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY
AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT
by Rushmore, ément Services, LLC its Attorney-In-Fact
LE
Name:
As the:
Lelel Labo
lisse stat berekere
Date: Cynder Le, 204 B
For: Rushmore Loan Management Services, LLC
1460-171066 / LLH2
pity
FAIR DEBT COLLECTION PRACTICES ACT VALIDATION
Re Creditor: U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY
BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT
Date: 11/15/2018
Promissory Note and Mortgage dated: February 25, 2008
Debt Owed: As of the date of this verification, you owe $454,562.99. Because of interest, late
charges, attorneys’ fees and other charges that may vary from day to day, the amount due on the
day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be
necessary after we receive your check, in which event we will inform you before depositing the
check for collection. For further information, write the undersigned or call collect (954) 564-
0071.
This communication is from a debt collector and this is an attempt to collect a debt owed and any
information obtained will be used for that purpose.
Unless you dispute this debt, or any portion of it, within thirty (30) days after you receive this
notice, the undersigned law firm will assume that said debt is valid.
If you notify the undersigned attorney in writing within the said thirty (30) day period that the
aforesaid debt, or any portion thereof, is disputed, the undersigned attorney will obtain written verification
of the debt and mail it to you.
If the above creditor is not your original creditor and you submit a request within the thirty (30)
day period for the name and address of the original creditor, we will supply such information to you.
Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your
validation rights, as set forth in this notice, shall not expire for the thirty (30) days.
If you do dispute this debt in writing in the thirty (30) day period, we will suspend collection until
we send you verification.
SHD Legal Group P.A.
Attomeys for Plaintiff
PO BOX 19519
Fort Lauderdale, FL 33318
Telephone: (954) 564-0071
Facsimile: (954) 564-9252
Service E-mail: answers@shdlegalgroup.com
EXHIBIT A
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CERTIFICATION OF POSSESSION
REGARDING ORIGINAL PROMISSORY NOTE
The undersigned hereby certifies under penalty of perjury the following
1 Sauda Ab dle. am a(n) AMGONELS..
at SHD Legal Group P.A., and give this certification based on my personal knowledge regarding
the subject Joan.
2. SHD Legal Group P.A. is counsel for the Plaintiff, U.S. BANK NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR
THE RMAC TRUST SERIES 2016-CTT, regarding the loan executed by, MARTIN E
MCCARRICK, and the property located at 7 SHINNECOCK COURT, PALM COAST, FL 32137.
3 The original Promissory Note is located at SHD Legal Group P.A.’s office, whose
address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317
T personally verified physical possession of the original Promissory Note on
bbe 2018 at 4 SQbsiom
5 A tre and accurate copy of the original Promissory Note is attached to this
certification as Exhibit “A”, showing all endorsements, and allonges, if applicable. However, the
copy of the Promissory Note attached does retain redactions of the loan number.
Under penalties of perjury, [ declare that I have read the foregoing Certification of
Possession Regarding ginal Pramissory Note and that the facts contained herein are true.
Executed on, Lb, 2018
By: ELELLLY
ple
Name Studia tL GH
Title: Mbfornes,
File No. 1460-171066
a pectin can a enpantnentetnpntt etn snetrnnn
FIXED RATE NOTE
FEBRUARY 25 008 DAYTONA BEACH FLORIDA -
Date Gity State
7 SHINNECQCK COURT, PALM COAST. FL_ 32137
(Property Address)
1 BORROWER'S PROMISE TO PAY
In return for a joan that | have received, | promise to pay U.S. $ 405,500.00 {this amount is
called "Principal’), plus interest, to the order of the Lender. The Lender is
WELLS FARGO BANK NA
Iwill make all payments under this Note In the form of cash, check or money order. _
1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note
by transfer and who is entitled to receive payments under this Note is called the "Note Holder.”
2, INTEREST
Interest wil! be charged on unpaid principal until the full amount of Principal has been paid. |
will pay interest at a yearly rate of 6.000 Yo.
The interest rate required by this Section 2 is the rate | will pay both before and after any default
described in Section 6(B) of this Note.
3. PAYMENTS
(A) Time and Place of Payments
| will pay principal and interest by making a payment every month.
| will make my monthly payment on the first day of each month beginning on APRIL 1, 2008
j will make these payments every month untit | have paid all of the principal and interest and
any other charges described below that | may owe under this Note. Each monthly payment will be
applied as of its scheduled due date and will be applied to interest before Principal.
H, on MARCH 14, 2038 , | still owe amounts under this Note, | will pay those amounts in full
on that date, which is called the "Maturity Date.”
j will make my monthly payments at WELLS FARGO BANK, NA.
P.O. BOX 11701, NEWARK, NJ_ 07101-4701
or at a different place if required by the Note Holder.
{B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $ 2,431.18
4. BORROWER'S RIGHT TO PREPAY
| have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a "Prepayment." When | make a Prepayment, | will tell the Note Holder in
writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all
the monthly payments due under the Note.
1 may make a full Prepayment or partial Prepayrnents without paying a Prepayment charge. The
Note Holder will use all of my Prepayments to reduce the amount of Principal that | owe under this
Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on
the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the
Note. If f make a partial Prepayment, there will be no changes in the due date or in the amount of
my monihly payment unless the Note Holder agrees in writing to those changes.
MULTISTATE FED NOFE- Single Family - FHMA/FHLMC UNIFORM INSTRUMENT Foner 8200 1701
+ 0fF ECONL REv. o4n9i02
a
>
3. LOAN CHARGES
Ifa law, whic jes to this loan and which sets maximum loan charges, is finally interpy
the interest on! ,gp2r loan charges collected or to be collected in connection with this loan
permitted lire hen: (a) any such joan charge shall be reduced by the amount necessary to reduce
the charge tr ¢ permitted limit; and (b) any sums already collected from me which exceeded
permitted liryjs will be refunded to me. The Note Holder may choose to make this refund by reducing
the Principa: 1 owe under this Note or by making a direct payment to me. Ifa refund reduces Principal,
the reduction will be treated as a partial Prepayment
6. BORROWER'S FAILURE TO PAY AS REQUIRED
{A) Late Charge for Overdue Payments
Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15
calendar days after the date it is due, | will pay a late charge to the Note Holder. The
amount of the charge will be 5.000% of my overdue payment of principal and interest. | will
pay this late charge promptly but only once on each late payment.
(B} Default
If | do not pay the full amount of each monthly payment on the date it is due, | will be in default
(C) Notice of Default
If] am in default, the Note Holder may send me a written notice telling me that if | do not pay the
overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that ] owe on that amount. That
date must be at least 30 days after the date on which the notice fs mailed to me or delivered by
other means.
(D} No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in
full as described above, the Note Holder wiil still have the right to do so if| am in defauli at a later
time.
{E) Payment of Note Holder's Costs and Expenses
Ifthe Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing
this Note to the extent not prohibited by applicable law. Those expenses include, for example,
reasonable attorney's fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under this
Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address if | give the Note Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by
mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a
different address if] am given a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep all of
the promises made in this Note, including the promise to pay the full amount owed. Any person who is
a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who
takes over these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep ail of the promises made in this Note. The Note Holder may enforce
its rights under this Note against each person individually or against all of us together. This
means that any one of us may be required to pay all of the amounts owed under this Note.
3. WAIVERS
| and any other person who has obligations under this Note waive the rights of Presentment
and Notice of Dishonor. "Presentment" means the rightto require the Note Holder to demand
payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to
give notice to other persons that amounts due have not been paid.
MULTISTATE FIXED NOTE. Single Family - FRBA/FHLMG UNIFORM INSTRUMENT FORM 8700 1/01
2oF ECON AE. oansi02
10. UNIFOPM-SSCURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the
» Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses
which might result if | do not keep the promises which | make in this Note. That Security Instrument
describes how and under what conditions | may be required to make immediate payment in full of all
amounts that | owe under this Note. Some of those conditions are described as follows:
F
If all or any part of the Proj erty or any Interest in the Property is sold or transferred (or
if Borrower is not a natura person and a beneficial interest in Borrowerts sold or
transferred) without Lender's prior written consent, Lender may require immediate payment in
full of all sums secured by this Security Instrument. However, this option shall not be
exercise: d by Lender if such exercise is prohibited by Applicable Law,
lf Lender exercises this option, Lender shall give Borrower notice of accele: ration. The notice
shall rovide a pi eriod of not less than 30 days from the date the notice Is iven in accordance
§
ith e ction 15 within which Borrower must ay all sums secured by this ecurity Instrument, g
lf Borrower fails to pay these sums prior to th
e expiration of this period, Lender may invoke
any remedies permitted by this Security Ins trument without further notice or demand on
Borrower,
41, DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(Seal)
MARTIN E MCCARRICK: Borrower
(Sign Original Only)
«a SC
iF OF
WITHOUT RECOUR SE
RAnner
ae
PAY TO THE ORD ER OF Ww 2G BANK, My.LAL f
BANK, NLA. és fi
‘apy Hl
WELLS FAI BY. Mail S, Vic’ PRESIDENT 4
BY PRESIDENT
SAMUEL C. SHEL! iy,
sens
MULTISTATE FIXED noTE ~ Single Family - FNMA/FHLMC UNIFORM INSTRUMENT FORM 3200 1101
os ECOTIL EV, 64/28/02
Recording Requested By:
PENNYMAC LOAN SERVICES, LLC
And After Recording Return To:
PENNYMAC LOAN SERVICES, LLC C/O
FIRST AMERICAN DOCUMENT SOLUTIONS 450 EAST
BOUNDARY STREET CHAPIN, SOUTH CAROLINA
23036
a ne Haein Space Above This Line For Recording Data) --—~ sone
investor Loan eae
MODIFICATION AGREEMENT
Borrower (*'}': Martin E MeCarrick
Lender or Servicer ("Lender"): PENNYMAC LOAN SERVICES, LLC
Bate of first lien mortgage, deed of trust, or security deed (“Mortgage”) and Note ("Note"): February 25, 2008
Property Address ("Property"): 7, SHINNECOCK COURT, PALM COAST, FL 32137
it my representations and covenants in Section 1 continue to be true in all material respects, then this
Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage
on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may
previously have been amended, are referred to as the “Loan Documents.” Capitalized terms used in this
Agreement and not defined have the meaning given io them in Loan Documents.
tunderstand that after | sign and return two copies of this Agreement to the Lender, the Lender will send me a
signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section
2 have been satisfied.
MODIFICATION AGREEMENT
Form. 3437 .3/09 (rev. 10/10)
CABLSINGSE.LMA 02/2112
Page 3
My Representations and Govenants. I certify, represent to Lender, covenant and agree:
A | am experiencing a financial hardship, and as a result, (i) | am in default under the Loan Documents
or my default is imminent, and (ji) | do not have sufficient income or accass to sufficient liquid assets to
make the monthly mortgage payments now or in the near future;
B. There has been no impermissible change in the ownership of the Property since | signed the Loan
Documents. A permissible change would be any transfer that the Lender is required by law to allow, such
as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the
event of a death, divorce or marriage;
G. j have providsd documentation for all income that | receive (and | understand that | am not required
to disclose child support or alimony unless | chase to rely on such income when requesting to qualify for
the Maditication Program ("Program");
D. Under penaily of perjury, all documents and information | have provided fo Lender in connection
with thi is Agreement,
including the documents and information regarding my eligibility for the Program, are
true and correct;
€. if Lender requires me to obtain credit counseling in connection with the Program, } will do so; and
F. Lhave made or will make all payments required under a Trial Period Plan.
Acknowledgments and Preconditions to Modification. { understand and acknowledge that:
A if prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of
my representations in Section 1 are no jonger true and correct or any covenant in Section 1 has not been
performed, the Loan Documents will not be modified and this Agreement will terminate. in that event, the
Lender will have all of the rights and remedies provided by the Loan Documents; and
B, | understand that the Loan Documents will not bs modified unless and until (}) the Lender accepts
this Agreement by signing and returning a copy of it to me, and (i) the Modification Effective Date (as
defined in Section 3) has occurred, | further understand and agree that ihe Lender will not be obligated or
bound to make any modification of the Loan Documents if | fail 1a meet any one of the requirements under
this Agreement.
The Modification. {f my representations and covenants in Section 1 continue to be true in all material
sespecis and all preconditions io the modification set forth in Section 2 have been met, the Loan
Documents will automatically become modified on October 01, 2017 {the "Modification Effective Date")
and ail unpaid fate charges that remain unpaid will be waived. | understand that if | have falled to make
any payments as a precondition to this modification under a Trial Period Pian, this modification will not
take effect. The first modified payment will be due on October
01, 2017.
MODIFICATION AGREEMENT
Form 3 57 3209 (rey, 110}
CA3ISTNGSE.LMA 62/21/12
Page 4
A. The Maturity Date wal be: September 01, 2057.
8. The modified Principal balance of my Note will inchide all amounts and arrearages that will be past
due as of the Modification Effective Date (including unpaid and deferred interest, tees, escrow advances
and other co: sts.
StS; but excluding unpaid late charges, collectively, “Unpaid Amounts") jess any amounts
paid io the Lender but not previously credited fo my Loan . The new principal balance of my Note will be
$443,593.98 (the "New Principal Balance”). | understand that by agreeing to add the Unpaid Amounts to
the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in
effect under this Agreement. | also understand that this means interest will now accrue on the unpaid
interest that is added to the outstanding principal balance, which would not happen without this
Agreement.
Cc. $88,593.98 of the New Principal Balance shall be deferred (the "Deferred Principal Balance”) and
will be treated as.a non-interest bearing principal forbearance. i will not pay interest or make monthly
payments on the Deferred Principal Balance. in addition, $0.00 of the Deferred Principal Balance is
eligible for forgiveness {the “Deferred Principal Reduction Amount’). Provided | am not in defauit on my
Rew payments such that the equivalent of three full monthly payments are due and unpaid on the last day
‘of any month, on-each of the first, second and third anniversaries of June 01, 2017, the Lender shall
teduce the Delerred Principal Balance of my Note in installments equal to one-third of the Deferred
Principal Reduction Amount. Application of the Deferred Principal Reduction Amount will not result in a
few payment schedule, The New Principal Balance less the Deferred Principal Balance shall be relerred
o-as the "Interest Bearing Principal Balance” and this amount is $355,000.00. Interest at the rate of
2.000% will begin to accrue on fhe interest Bearing Principa Balance as of September 01, 2017: and the
first new monthly paymeni on the interest Bearing Principal Balance wiil be due on October 01, 2017. My
payment schedule for the rnodified Loan is as follows:
Years | interest interest Pale Monthly Estimated Monthly ‘Toial Vonthiy Payment Narmiber of
\ Rate Change Date Principal and Escrow Payment? Paymant* Begins On Monthly
interest Payments
| Payment
i Amoynt
2.006000 OWOV2O? $1,075.03. $889.72 $1,664.75 VOGT B
3.000000 09/01/2020 $1.257.80 Adjusis Annually Adjusts Annually soip1/2020 12
4.000000 OwOT/2021 $1,451.50 Adjusts Annually Agjusts: Annually 10/01/2024 42
$.000000 og/h1/2022 $1,854.48 Adjusts Annually Adjusts Annually yoIOW2022 125
5.375000 49/01/2022 $1,732.48 Adjusts Annually Adjusts Annually 40/01/2023 408
‘One additional payment of $88,593.98, your delerred principal balance, is due on September 01, 2057 for your toan tobe paid in
full,
“The escrow payments inay be adjusted periodically in accordance with applicable law and therefore my total monthly payment may
change accordingly.
MODIFICATION AGREEMENT
Form 31 209 (rev. 10/10)
CA31STINGSE.LMA 02/21/12
Page 5
The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan
Documents, including but not limited to, provisions for an adjustable, step or simple interest rate.
{ understand that, if | have a pay option adjustable rate mortgage loan, upon modification, the
minimum monthly payment option, the interest-only of any other payment options will no longer be
offered and thal the monthly payments described in the above payment schedule for my modified
Loan will be the minirnum payment that will be due each month for the remaining term of the Loan.
My modified Lean will not have a negative amortization feature that would allow me to pay less than
the interest due resulting in any unpaid interest to be added to the outstanding principal balance.
I further understand that, provided {am not in default under the terms of this Agreement and t pay
my Note in full (i) any time mote than 30 calendar days after the Modification Effective Date, and (ii)
prior to the application of the entire Deferred Principal Reduction Amount, | shall ba fully vested in
and entitled to the unapplied amount of the Deferred Principal Reduction Amount and the unappiied
amount shall. be deducted from my payott balance.
D, | will be in default if] do.not comply with the terms of the Loan Documents, as modified by this.
Agreement.
E if a default rate of interest is permitted under the Loan Documents, then in the event of default under
the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C.
F. {agree to pay in full the Deferred Principal Balance less any Deferred Principal Reduction Amount to
which | am entitled, and any other amounts still owed under the Loan Documents by the earliest of: (i) the
date | sell or transter an interest in the Property, {i} the date | pay the entire Interest Bearing Principal
Balance, or (iii) the Maturity Date,
Additional Agreements. | agree te the following:
That all persons who signed the Loan Documents or their authorized representative(s) have signed
¢ Agreement, unless (i) a borrower or co-borrower is deceased: {ii} the borrower and co-borrower are
divorced and the property has been transfered to one spouse in the divorce decree, the spouse who no
longer has an interest in the property need not sign this Agreement (although the non-signing spouse may
continue to be held liable for the obligation under the Loan Documents); or (ili) the Lender has waived this
requirement in writing.
B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or
other Workout Plan thai { previously entered into with Lender.
C: To comply, except to the extent that they are modified by this Agreemént, with all covenants,
agreements, and requirements of Loan Documents inciuding my agreement to make all payments of
taxes, insurance premiums, assessments, Escrow items, impounds, and aif other payments, the amount
of which may change periodically over the term of my Loan.
©. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow items, if any,
has been revoked, and | have been advised of the amount needed to fully fund my escrow account.
£. That the Loan Documents as modified by this Agreement are duly valid, binding agreements,
enforceable in accordance with thelr terms and are hereby realtirmed.
MODIFICATION AGREEMENT
Form 3157 3/09 ev: 10/40)
CAB ISINGSE.LMA 02/21/12
Page 6
F. That all ferms and provisions of the Loan Documents, except as expressly modified by this
Agreement, remain in full force and effect; nothing in this Agreement shall be understood or canstrued to
be 2 satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and
that except as otherwise specifically provided In, and as expressly modified by, this Agreement, the
Lender and | will be bound by, and will comply with, all of the terms and conditions of the Loan
Documents,
G, That, as of the Modification Effective Date, riotwithstanding any other provision of the Loan
Documents, if all or any part of the Property or any interest in itis sold or transferred without Lender's
prior-written consent, Lender may, at its option; require immediate payment in full of all sums secured by
the Mortgage. Lender shall not exercise this option # state or federal law, rules.or regulations prohibit the.
exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shalt
give me notice of acceleration. The notice shall provide a period of not less than 30 days irom the date
the notice is delivered or mailed within which | must pay all sums secured by. the Mortgage. If | fail to pay
these sums prior to the expiration of this period, Lender may inveke any remedies permitted by the
Mortgage without further notice or demand on me.
H. That, as of the Modification Effective Date, | understand that the Lender will only allow the transfer
and zssumption of the Loan, inciuding this Agreement, to a transferee cf my property as permitted under
the Garn St. Germain Act, 12 U.S.C. Section 1701/3. A buyer or transferee of the Property will not be
permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement
may not be assigned to, or assumed by, a buyer or transferee of the Property.
1 That, as of the Modificatian Effective Date, if any provision in the Note or in any addendum or
amendment to the Note allowed for the ass ssment of 2 penalty for full or partial prepayment of the Note,
Such provision is null and void,
ade That, | will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance
product(s), and/or subordination agreement{s} that are necessary or required by the Lender’ s procedures
to ensure that the modified mortgage Loattis in first tien position and/or is fully enforceable upon
modification and thatif, under any circumstance and not withstanding anything else to the contrary in this
Agreement, the Lender does not receive such litle endorsement{s), title insurance product(s} and/or
subordination agreemant(s}, then the terms.of this Agreement will not become effective on the
Modification Eftective Date and the Agreement will be null and void.
K. That |. will execute. such other documents as may be reasonably necessary to either (i) consummate
the terms and conditions of this Agreement; or (i correct the terms and conditions of this Agreement if an
error is detected after execution of this Agreement. { understand that cither.a corrected Agreement or a
letter agreement coniaining the correction will be provided to me tor my signature: At Lender’ s option,
this Agreement will be void and of no legal effect upon notice of such error. ff elect not-to sign any such
cotreclive documentation, the terms of the original Loan Documents shail continue in full force and effect,
‘such terms will not be modified by this Agreement, and | will not de eligible for a modification under the
Modification Program.
4 Mortgage. Electronic Registration Systems, Inc. ("MEMS") is a separate corporation organized and
existing under the taws of Delaware'and has an address and telephone number of P.O. Box 2026, Flint,
Mi 48501-2026, (888) 679-MERS, In cases where the loan has been registered with MERS who.has only
legal tite to the interests granted by the borrower in the mortgage and who is acting solely as nomines for
Lender and Lender’ s successors and assigns, MERS. has the right: to exercise any or all of those
interests, including, but not Jimited to, the right to foreclose and sell the Property; and to take any action
required of Lender including, but not limited to, releasing and canceling the mortgage Ioan.
MODIFICATION AGREEMENT
Forni 3157 3/09 (rev. 10710)
CAB3ISTNGSE.LMA 0272)/12
Page 7
M. That Lender will collect and record personal information, including, but not limited to, my name,
address, telephone number, social security number, credit score, income, payment history,
government monitoring information, and information about account balances and activity. In addition,
| understand and consent to the disclosure of my personal information and the terms of the Trial
Period Plan and this Agreement by Lender te (i) the U.S. Department of the Treasury; {ii} Fannie
Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and
Stability Plan; (i) any investor, insurer, guarantor or servicer thal owns, insures, guarantees or
services my first len or subordinate tien (if applicable)morigage loan{s); (iv) companies that perform
support Services for the Home Affordable Modification Program and the Second Lien Modification
Program; and (v) arly HUD certified housing counselor.
N. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced,
misstated, inaccurately reflects the true and correct terns and co
Preview
— a Filing# 81217305 E-Filed 11/26/2018 04:58:25 PM IN THE CIRCUIT COURT OF THE SEVENTH SUDICIAL CIRCUIT IN AND FOR FLAGLER COUNTY, FLORIDA. CIVIL DIVISION CASENO. 2018 CA 000691 U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016- CTT, * Plaintiff, vs. MARTIN E. MCCARRICK A/K/A MARTIN MCCARRICK; GRAND HAVEN MASTER ASSOCIATION, INC.; CITIBANK (SOUTIL DAKOTA), N.A.; MELISSA CAPUTE QUIK CAPITAL LLC D/B/A STERLING FUNDING; STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, Defendants. COMPLAINT The Plaintiff, U.S. BANK NATIONAL ASSOCIATION, NOT INTTS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, sues-the Defendants, MARTIN E. MCCARRICK A/K/A MARTIN MCCARRICK; GRAND HAVEN MASTER ASSOCIATION, INC.; CITIBANK (SOUTH DAKOTA), N.A.; MELISSA CAPUTI; QUIK. CAPITAL. LLC D/B/A STERLING FUNDING, STATE OF FLORIDA, DEPARTMENT OF REVENUE; UNITED STATES OF AMERICA; UNKNOWN TENANT NO. 1; UNKNOWN TENANT NO. 2; and ALL NKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 11/27/2018 01:56 PM a ~— DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, and alleges: GENERAL ALLEGATIONS 1 JURISDICTION: This is an in rem action for equitable relief or, alternatively, for damages, which claims are within the subject matter jurisdiction of this Court. 2. VENUE: This is an action that involves parties and property located within the venue of this Court and venue is otherwise proper pursuant to Chapter 47, Florida Statutes. 3 PARTIES: All parties to this action are properly before this Court, and this Court has personal jurisdiction over the parties. 4 SERVICER: Plaintiff has authorized Rushmore Loan Management Services, LLC to agt as the servicer of the subject note aud mortgage. Plaintiff has authorized Rushmore Loan Management Services, LLC, in that capacity as servicer, to enforce the term of the Note and Mortgage. 5 CONDITIONS PRECEDENT: All conditions precedent to the filing of this action have been met by Plaintiff. 6 FEDCPA: Ws Defendant(s) are hereby provided with validation notice pursuant to the Fair Debt Collection Practices Act (“FDCPA”) 15 U.S.C.A. 1692. If the Defendant(s) request verification of the debt, Plaintiff shall suspend its efforts te collect the debt until Plaintiff mails the requested information to the Defendant(s) requesting the verification. COUNTI MORTGAGE FORECLOSURE 7 FORECLOSURE ACTION: This is an action to foreclose a mortgage on real property (hereinafter the “property”) in Flagler County, Florida, more particularly described in the mortgage attached hereto as part of Composite Exhibit “A”. 8 EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On February 25, 2008, Defendant(s), MARTIN E. MCCARRICK executed and delivered a promissory note (the “note”) and 2 eee a Defendant(s), MARTIN E. MCCARRICK AND KERRY A. MCCARRICK executed and delivered a mortgage (the “mortgage”), which secures payment of the note, to WELLS FARGO BANK, N.A., which mortgage was recorded in the Official Records Book 1647, at Page 686, of the Public Records of Flagler County, Florida, and which mortgaged the property. The Mortgage was subsequently modified in that certain unrecorded Home Affordable Modification Agreement, with an effective date of February 1, 2010, attached hereto as part of Composite Exhibit “A”. The morigage was again modified in that certain unrecorded Loan Modification Agreement, with an effective date of October 1, 2017, attached hereto as part of Composite Exhibit “A”. The Mortgage has been subsequently assigned pursuant to assignment of mortgage recorded in Official Records Book 2307, Page 177, of the Public Records of Flagler County, Florida, attached hereto as part of Composite Exhibit “A”. The property was then owned by and in possession of the mortgagor. 9 HOLDER OF THE NOTE & MORTGAGE: The note and mortgage were subsequently transferred to Plaintiff. Plaintiff holds the note and mortgage. Plaintiff is entitled to enforce the Note and has the right to foreclose. A copy of the Note has been attached hereto as part of Composite Exhibit “A”. 10. OWNER OF THE PROPERTY: The Defendant(s) MARTIN E. MCCARRICK A/K/A MARTIN MCCARRICK, own(s) the property. I. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due November 1, 2017, and all subsequent payments, which has resulted in a defauit of the note and mortgage. Plaintiff declares the full amount due under the note and mortgage to be accelerated. 12. AMOUNTS DUE: The Plaintiff is owed $354,516.64 that is due as principal on the note and mortgage, plus interest on said amount from October 1, 2017, together with deferred principal of $88,593.98 as non-interest-bearing principal, together with costs, advances and expenses as provided in the note and mortgage. 13. ATTORNEYS FEES: Plaintiff has obligated itself to pay the undersigned attomeys a reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note and mortgage. ———_— INFERIOR CLAIMANTS: 14. Defendant, GRAND HAVEN MASTER ASSOCIATION, INC., may claim some interest in the subject property arising from unpaid assessments, and from a claim of lien, recorded in Official Records Book 2217, Page 1381, and from an Amended claim of lien, recorded in Official Records Book 2248 Page 890, and from a Lis Pendens, recorded in Official Records Book 2250, Page 1493, and from a Final Judgment, recorded in Official Records Book 2077, Page 401, of the Public Records of Flagler County, Florida. This interest, if any, is inferior to Plaintiffs mortgage. 15. Defendant(s), CITIBANK (SOUTH DAKOTA), N.A., may claim some interest in or lien upou the subject property arising from the Final Judgment, recorded in Official Records Book 1734, Page 671, of the Public Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage. 16. Defendant(s), MELISSA CAPUTL may claim some interest in or lien upon the subject property arising from the Final Judgment, recorded in Official Records Book 2002, Page 684, of the Public Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage. 7. Defendant(s), QUIK CAPITAL LLC D/B/A STERLING FUNDING, may claim some interest in or lien upon the subject property arising from the Final Judgment, recorded in Official Records Book 2115, Page 491, of the Public Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage. 18. Defendant(s), STATE OF FLORIDA, DEPARTMENT OF REVENUE, may claim some interest in or lien upon the subject property arising from the Notice of State Tax Lien/Warrant, recorded in Official Records Book 2003, Page 1424, of the Public Records of Flagler County, Florida, which interest is inferior to Plaintiff's mortgage. 19. Defendant, UNITED STATES OF AMERICA may claim some interest in the property arising from a Notice of Federal Tax Lien under the Internal Revenue Service and recorded in Official Records Book 2039, Page 388, of the Public Records of Flagler County, Florida, a copy of which is attached hereto in Plaintiff's Composite Exhibit “A”. This lien, if any, is subordinate and inferior to the lien of Plaintiff's mortgage. er ——— 7 20. Defendants, UNKNOWN TENANT NO. 1 and UNKNOWN TENANT NO. 2, fictitious names representing tenants in possession, may claim some interest in the property that is the subject of this foreclosure action by virtue of being in actual possession of same, but any interest said Defendant(s) may claim ia the subject property, if any, is subject and inferior to the lien of Plaintiff's mortgage. 24. Defendants, ALL UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER OR AGAINST A NAMED DEFENDANT TO THIS ACTION, OR HAVING OR CLAIMING TO HAVE ANY RIGHT, TITLE OR INTEREST IN THE PROPERTY HEREIN DESCRIBED, may be interested in the subject matter of this action as unknown spouses, tenants, heirs, devisees, grantees, assignees, lienors, creditors, trustees or other claimants by through, under or against a known person who is dead or not known to be dead or alive or by virtue of any interest in or claim to the property which is the subject of this action or otherwise as the case may be. These interests, if any, are inferior to Plaintiff's mortgage. WHEREFORE, Plaintiff prays as follows: a) That this Court will take jurisdiction of this cause, of the subject matter and the parties hereto. b) That this Court ascertain and determine the sums of money due and payable to the Plaintiff from the Defendants. c) That the sum of money found to be due as aforesaid be decreed by this Court to be a lien upon the lands described in Plaintiff's mortgage. d) That such lien be foreclosed in accordance with the mules and established practice of this Court, and upon failure of the Defendants to pay the amount of money found to be due by them to the Plaintiff, the said land be sold to satisfy said lien. e) That this Court decree that the lien of the Plaintiff is superior to any and all right, title or interest of the Defendants herein or any person or parties claiming by, through or under them since the institution of this suit. a owe a f) That all right, title or interest of the Defendants or any person claiming by, through or under them be forever barred and foreclosed. g) That this Court grant general reliefin this cause as in its discretion might be meet and just including, but not limited to, a deficiency judgment against the obligor of the note, to the extent permitted by applicable Bankruptcy and State Jaw, if the proceeds of the sale are insufficient to pay Plaintiff's claim. SHD Legal Group P.A. Attomeys for Plaintiff 499 NW 70th Ave., Suite 309 Fort Lauderdale, FL 33317 Telephone: (954) 564-0071 Facsimile: (954) 564-9252 Service E-mail: answers@shdlegalgroup.com py, AAALLLS < Sandra A. Litile 4 be Florida Bar No.: 949892 Roy Diaz, Attorney of Record Florida Bar No. 767700 VERIFICATION Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged therein are true and correct to the best of my knowledge and belief. By: U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT by Rushmore, ément Services, LLC its Attorney-In-Fact LE Name: As the: Lelel Labo lisse stat berekere Date: Cynder Le, 204 B For: Rushmore Loan Management Services, LLC 1460-171066 / LLH2 pity FAIR DEBT COLLECTION PRACTICES ACT VALIDATION Re Creditor: U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT Date: 11/15/2018 Promissory Note and Mortgage dated: February 25, 2008 Debt Owed: As of the date of this verification, you owe $454,562.99. Because of interest, late charges, attorneys’ fees and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call collect (954) 564- 0071. This communication is from a debt collector and this is an attempt to collect a debt owed and any information obtained will be used for that purpose. Unless you dispute this debt, or any portion of it, within thirty (30) days after you receive this notice, the undersigned law firm will assume that said debt is valid. If you notify the undersigned attorney in writing within the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney will obtain written verification of the debt and mail it to you. If the above creditor is not your original creditor and you submit a request within the thirty (30) day period for the name and address of the original creditor, we will supply such information to you. Even though you are required to file a response to the lawsuit prior to the thirty (30) days, your validation rights, as set forth in this notice, shall not expire for the thirty (30) days. If you do dispute this debt in writing in the thirty (30) day period, we will suspend collection until we send you verification. SHD Legal Group P.A. Attomeys for Plaintiff PO BOX 19519 Fort Lauderdale, FL 33318 Telephone: (954) 564-0071 Facsimile: (954) 564-9252 Service E-mail: answers@shdlegalgroup.com EXHIBIT A a — — CERTIFICATION OF POSSESSION REGARDING ORIGINAL PROMISSORY NOTE The undersigned hereby certifies under penalty of perjury the following 1 Sauda Ab dle. am a(n) AMGONELS.. at SHD Legal Group P.A., and give this certification based on my personal knowledge regarding the subject Joan. 2. SHD Legal Group P.A. is counsel for the Plaintiff, U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST SERIES 2016-CTT, regarding the loan executed by, MARTIN E MCCARRICK, and the property located at 7 SHINNECOCK COURT, PALM COAST, FL 32137. 3 The original Promissory Note is located at SHD Legal Group P.A.’s office, whose address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317 T personally verified physical possession of the original Promissory Note on bbe 2018 at 4 SQbsiom 5 A tre and accurate copy of the original Promissory Note is attached to this certification as Exhibit “A”, showing all endorsements, and allonges, if applicable. However, the copy of the Promissory Note attached does retain redactions of the loan number. Under penalties of perjury, [ declare that I have read the foregoing Certification of Possession Regarding ginal Pramissory Note and that the facts contained herein are true. Executed on, Lb, 2018 By: ELELLLY ple Name Studia tL GH Title: Mbfornes, File No. 1460-171066 a pectin can a enpantnentetnpntt etn snetrnnn FIXED RATE NOTE FEBRUARY 25 008 DAYTONA BEACH FLORIDA - Date Gity State 7 SHINNECQCK COURT, PALM COAST. FL_ 32137 (Property Address) 1 BORROWER'S PROMISE TO PAY In return for a joan that | have received, | promise to pay U.S. $ 405,500.00 {this amount is called "Principal’), plus interest, to the order of the Lender. The Lender is WELLS FARGO BANK NA Iwill make all payments under this Note In the form of cash, check or money order. _ 1 understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2, INTEREST Interest wil! be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 6.000 Yo. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments | will pay principal and interest by making a payment every month. | will make my monthly payment on the first day of each month beginning on APRIL 1, 2008 j will make these payments every month untit | have paid all of the principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. H, on MARCH 14, 2038 , | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity Date.” j will make my monthly payments at WELLS FARGO BANK, NA. P.O. BOX 11701, NEWARK, NJ_ 07101-4701 or at a different place if required by the Note Holder. {B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 2,431.18 4. BORROWER'S RIGHT TO PREPAY | have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. 1 may make a full Prepayment or partial Prepayrnents without paying a Prepayment charge. The Note Holder will use all of my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If f make a partial Prepayment, there will be no changes in the due date or in the amount of my monihly payment unless the Note Holder agrees in writing to those changes. MULTISTATE FED NOFE- Single Family - FHMA/FHLMC UNIFORM INSTRUMENT Foner 8200 1701 + 0fF ECONL REv. o4n9i02 a > 3. LOAN CHARGES Ifa law, whic jes to this loan and which sets maximum loan charges, is finally interpy the interest on! ,gp2r loan charges collected or to be collected in connection with this loan permitted lire hen: (a) any such joan charge shall be reduced by the amount necessary to reduce the charge tr ¢ permitted limit; and (b) any sums already collected from me which exceeded permitted liryjs will be refunded to me. The Note Holder may choose to make this refund by reducing the Principa: 1 owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments Ifthe Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.000% of my overdue payment of principal and interest. | will pay this late charge promptly but only once on each late payment. (B} Default If | do not pay the full amount of each monthly payment on the date it is due, | will be in default (C) Notice of Default If] am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that ] owe on that amount. That date must be at least 30 days after the date on which the notice fs mailed to me or delivered by other means. (D} No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder wiil still have the right to do so if| am in defauli at a later time. {E) Payment of Note Holder's Costs and Expenses Ifthe Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorney's fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if] am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep ail of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 3. WAIVERS | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the rightto require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. MULTISTATE FIXED NOTE. Single Family - FRBA/FHLMG UNIFORM INSTRUMENT FORM 8700 1/01 2oF ECON AE. oansi02 10. UNIFOPM-SSCURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the » Security Instrument’), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts that | owe under this Note. Some of those conditions are described as follows: F If all or any part of the Proj erty or any Interest in the Property is sold or transferred (or if Borrower is not a natura person and a beneficial interest in Borrowerts sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercise: d by Lender if such exercise is prohibited by Applicable Law, lf Lender exercises this option, Lender shall give Borrower notice of accele: ration. The notice shall rovide a pi eriod of not less than 30 days from the date the notice Is iven in accordance § ith e ction 15 within which Borrower must ay all sums secured by this ecurity Instrument, g lf Borrower fails to pay these sums prior to th e expiration of this period, Lender may invoke any remedies permitted by this Security Ins trument without further notice or demand on Borrower, 41, DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) MARTIN E MCCARRICK: Borrower (Sign Original Only) «a SC iF OF WITHOUT RECOUR SE RAnner ae PAY TO THE ORD ER OF Ww 2G BANK, My.LAL f BANK, NLA. és fi ‘apy Hl WELLS FAI BY. Mail S, Vic’ PRESIDENT 4 BY PRESIDENT SAMUEL C. SHEL! iy, sens MULTISTATE FIXED noTE ~ Single Family - FNMA/FHLMC UNIFORM INSTRUMENT FORM 3200 1101 os ECOTIL EV, 64/28/02 Recording Requested By: PENNYMAC LOAN SERVICES, LLC And After Recording Return To: PENNYMAC LOAN SERVICES, LLC C/O FIRST AMERICAN DOCUMENT SOLUTIONS 450 EAST BOUNDARY STREET CHAPIN, SOUTH CAROLINA 23036 a ne Haein Space Above This Line For Recording Data) --—~ sone investor Loan eae MODIFICATION AGREEMENT Borrower (*'}': Martin E MeCarrick Lender or Servicer ("Lender"): PENNYMAC LOAN SERVICES, LLC Bate of first lien mortgage, deed of trust, or security deed (“Mortgage”) and Note ("Note"): February 25, 2008 Property Address ("Property"): 7, SHINNECOCK COURT, PALM COAST, FL 32137 it my representations and covenants in Section 1 continue to be true in all material respects, then this Modification Agreement ("Agreement") will, as set forth in Section 3, amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the “Loan Documents.” Capitalized terms used in this Agreement and not defined have the meaning given io them in Loan Documents. tunderstand that after | sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. This Agreement will not take effect unless the preconditions set forth in Section 2 have been satisfied. MODIFICATION AGREEMENT Form. 3437 .3/09 (rev. 10/10) CABLSINGSE.LMA 02/2112 Page 3 My Representations and Govenants. I certify, represent to Lender, covenant and agree: A | am experiencing a financial hardship, and as a result, (i) | am in default under the Loan Documents or my default is imminent, and (ji) | do not have sufficient income or accass to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. There has been no impermissible change in the ownership of the Property since | signed the Loan Documents. A permissible change would be any transfer that the Lender is required by law to allow, such as a transfer to add or remove a family member, spouse or domestic partner of the undersigned in the event of a death, divorce or marriage; G. j have providsd documentation for all income that | receive (and | understand that | am not required to disclose child support or alimony unless | chase to rely on such income when requesting to qualify for the Maditication Program ("Program"); D. Under penaily of perjury, all documents and information | have provided fo Lender in connection with thi is Agreement, including the documents and information regarding my eligibility for the Program, are true and correct; €. if Lender requires me to obtain credit counseling in connection with the Program, } will do so; and F. Lhave made or will make all payments required under a Trial Period Plan. Acknowledgments and Preconditions to Modification. { understand and acknowledge that: A if prior to the Modification Effective Date as set forth in Section 3 the Lender determines that any of my representations in Section 1 are no jonger true and correct or any covenant in Section 1 has not been performed, the Loan Documents will not be modified and this Agreement will terminate. in that event, the Lender will have all of the rights and remedies provided by the Loan Documents; and B, | understand that the Loan Documents will not bs modified unless and until (}) the Lender accepts this Agreement by signing and returning a copy of it to me, and (i) the Modification Effective Date (as defined in Section 3) has occurred, | further understand and agree that ihe Lender will not be obligated or bound to make any modification of the Loan Documents if | fail 1a meet any one of the requirements under this Agreement. The Modification. {f my representations and covenants in Section 1 continue to be true in all material sespecis and all preconditions io the modification set forth in Section 2 have been met, the Loan Documents will automatically become modified on October 01, 2017 {the "Modification Effective Date") and ail unpaid fate charges that remain unpaid will be waived. | understand that if | have falled to make any payments as a precondition to this modification under a Trial Period Pian, this modification will not take effect. The first modified payment will be due on October 01, 2017. MODIFICATION AGREEMENT Form 3 57 3209 (rey, 110} CA3ISTNGSE.LMA 62/21/12 Page 4 A. The Maturity Date wal be: September 01, 2057. 8. The modified Principal balance of my Note will inchide all amounts and arrearages that will be past due as of the Modification Effective Date (including unpaid and deferred interest, tees, escrow advances and other co: sts. StS; but excluding unpaid late charges, collectively, “Unpaid Amounts") jess any amounts paid io the Lender but not previously credited fo my Loan . The new principal balance of my Note will be $443,593.98 (the "New Principal Balance”). | understand that by agreeing to add the Unpaid Amounts to the outstanding principal balance, the added Unpaid Amounts accrue interest based on the interest rate in effect under this Agreement. | also understand that this means interest will now accrue on the unpaid interest that is added to the outstanding principal balance, which would not happen without this Agreement. Cc. $88,593.98 of the New Principal Balance shall be deferred (the "Deferred Principal Balance”) and will be treated as.a non-interest bearing principal forbearance. i will not pay interest or make monthly payments on the Deferred Principal Balance. in addition, $0.00 of the Deferred Principal Balance is eligible for forgiveness {the “Deferred Principal Reduction Amount’). Provided | am not in defauit on my Rew payments such that the equivalent of three full monthly payments are due and unpaid on the last day ‘of any month, on-each of the first, second and third anniversaries of June 01, 2017, the Lender shall teduce the Delerred Principal Balance of my Note in installments equal to one-third of the Deferred Principal Reduction Amount. Application of the Deferred Principal Reduction Amount will not result in a few payment schedule, The New Principal Balance less the Deferred Principal Balance shall be relerred o-as the "Interest Bearing Principal Balance” and this amount is $355,000.00. Interest at the rate of 2.000% will begin to accrue on fhe interest Bearing Principa Balance as of September 01, 2017: and the first new monthly paymeni on the interest Bearing Principal Balance wiil be due on October 01, 2017. My payment schedule for the rnodified Loan is as follows: Years | interest interest Pale Monthly Estimated Monthly ‘Toial Vonthiy Payment Narmiber of \ Rate Change Date Principal and Escrow Payment? Paymant* Begins On Monthly interest Payments | Payment i Amoynt 2.006000 OWOV2O? $1,075.03. $889.72 $1,664.75 VOGT B 3.000000 09/01/2020 $1.257.80 Adjusis Annually Adjusts Annually soip1/2020 12 4.000000 OwOT/2021 $1,451.50 Adjusts Annually Agjusts: Annually 10/01/2024 42 $.000000 og/h1/2022 $1,854.48 Adjusts Annually Adjusts Annually yoIOW2022 125 5.375000 49/01/2022 $1,732.48 Adjusts Annually Adjusts Annually 40/01/2023 408 ‘One additional payment of $88,593.98, your delerred principal balance, is due on September 01, 2057 for your toan tobe paid in full, “The escrow payments inay be adjusted periodically in accordance with applicable law and therefore my total monthly payment may change accordingly. MODIFICATION AGREEMENT Form 31 209 (rev. 10/10) CA31STINGSE.LMA 02/21/12 Page 5 The above terms in this Section 3.C. shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate. { understand that, if | have a pay option adjustable rate mortgage loan, upon modification, the minimum monthly payment option, the interest-only of any other payment options will no longer be offered and thal the monthly payments described in the above payment schedule for my modified Loan will be the minirnum payment that will be due each month for the remaining term of the Loan. My modified Lean will not have a negative amortization feature that would allow me to pay less than the interest due resulting in any unpaid interest to be added to the outstanding principal balance. I further understand that, provided {am not in default under the terms of this Agreement and t pay my Note in full (i) any time mote than 30 calendar days after the Modification Effective Date, and (ii) prior to the application of the entire Deferred Principal Reduction Amount, | shall ba fully vested in and entitled to the unapplied amount of the Deferred Principal Reduction Amount and the unappiied amount shall. be deducted from my payott balance. D, | will be in default if] do.not comply with the terms of the Loan Documents, as modified by this. Agreement. E if a default rate of interest is permitted under the Loan Documents, then in the event of default under the Loan Documents, as amended, the interest that will be due will be the rate set forth in Section 3.C. F. {agree to pay in full the Deferred Principal Balance less any Deferred Principal Reduction Amount to which | am entitled, and any other amounts still owed under the Loan Documents by the earliest of: (i) the date | sell or transter an interest in the Property, {i} the date | pay the entire Interest Bearing Principal Balance, or (iii) the Maturity Date, Additional Agreements. | agree te the following: That all persons who signed the Loan Documents or their authorized representative(s) have signed ¢ Agreement, unless (i) a borrower or co-borrower is deceased: {ii} the borrower and co-borrower are divorced and the property has been transfered to one spouse in the divorce decree, the spouse who no longer has an interest in the property need not sign this Agreement (although the non-signing spouse may continue to be held liable for the obligation under the Loan Documents); or (ili) the Lender has waived this requirement in writing. B. That this Agreement shall supersede the terms of any modification, forbearance, Trial Period Plan or other Workout Plan thai { previously entered into with Lender. C: To comply, except to the extent that they are modified by this Agreemént, with all covenants, agreements, and requirements of Loan Documents inciuding my agreement to make all payments of taxes, insurance premiums, assessments, Escrow items, impounds, and aif other payments, the amount of which may change periodically over the term of my Loan. ©. That this Agreement constitutes notice that the Lender's waiver as to payment of Escrow items, if any, has been revoked, and | have been advised of the amount needed to fully fund my escrow account. £. That the Loan Documents as modified by this Agreement are duly valid, binding agreements, enforceable in accordance with thelr terms and are hereby realtirmed. MODIFICATION AGREEMENT Form 3157 3/09 ev: 10/40) CAB ISINGSE.LMA 02/21/12 Page 6 F. That all ferms and provisions of the Loan Documents, except as expressly modified by this Agreement, remain in full force and effect; nothing in this Agreement shall be understood or canstrued to be 2 satisfaction or release in whole or in part of the obligations contained in the Loan Documents; and that except as otherwise specifically provided In, and as expressly modified by, this Agreement, the Lender and | will be bound by, and will comply with, all of the terms and conditions of the Loan Documents, G, That, as of the Modification Effective Date, riotwithstanding any other provision of the Loan Documents, if all or any part of the Property or any interest in itis sold or transferred without Lender's prior-written consent, Lender may, at its option; require immediate payment in full of all sums secured by the Mortgage. Lender shall not exercise this option # state or federal law, rules.or regulations prohibit the. exercise of such option as of the date of such sale or transfer. If Lender exercises this option, Lender shalt give me notice of acceleration. The notice shall provide a period of not less than 30 days irom the date the notice is delivered or mailed within which | must pay all sums secured by. the Mortgage. If | fail to pay these sums prior to the expiration of this period, Lender may inveke any remedies permitted by the Mortgage without further notice or demand on me. H. That, as of the Modification Effective Date, | understand that the Lender will only allow the transfer and zssumption of the Loan, inciuding this Agreement, to a transferee cf my property as permitted under the Garn St. Germain Act, 12 U.S.C. Section 1701/3. A buyer or transferee of the Property will not be permitted, under any other circumstance, to assume the Loan. Except as noted herein, this Agreement may not be assigned to, or assumed by, a buyer or transferee of the Property. 1 That, as of the Modificatian Effective Date, if any provision in the Note or in any addendum or amendment to the Note allowed for the ass ssment of 2 penalty for full or partial prepayment of the Note, Such provision is null and void, ade That, | will cooperate fully with Lender in obtaining any title endorsement(s), or similar title insurance product(s), and/or subordination agreement{s} that are necessary or required by the Lender’ s procedures to ensure that the modified mortgage Loattis in first tien position and/or is fully enforceable upon modification and thatif, under any circumstance and not withstanding anything else to the contrary in this Agreement, the Lender does not receive such litle endorsement{s), title insurance product(s} and/or subordination agreemant(s}, then the terms.of this Agreement will not become effective on the Modification Eftective Date and the Agreement will be null and void. K. That |. will execute. such other documents as may be reasonably necessary to either (i) consummate the terms and conditions of this Agreement; or (i correct the terms and conditions of this Agreement if an error is detected after execution of this Agreement. { understand that cither.a corrected Agreement or a letter agreement coniaining the correction will be provided to me tor my signature: At Lender’ s option, this Agreement will be void and of no legal effect upon notice of such error. ff elect not-to sign any such cotreclive documentation, the terms of the original Loan Documents shail continue in full force and effect, ‘such terms will not be modified by this Agreement, and | will not de eligible for a modification under the Modification Program. 4 Mortgage. Electronic Registration Systems, Inc. ("MEMS") is a separate corporation organized and existing under the taws of Delaware'and has an address and telephone number of P.O. Box 2026, Flint, Mi 48501-2026, (888) 679-MERS, In cases where the loan has been registered with MERS who.has only legal tite to the interests granted by the borrower in the mortgage and who is acting solely as nomines for Lender and Lender’ s successors and assigns, MERS. has the right: to exercise any or all of those interests, including, but not Jimited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling the mortgage Ioan. MODIFICATION AGREEMENT Forni 3157 3/09 (rev. 10710) CAB3ISTNGSE.LMA 0272)/12 Page 7 M. That Lender will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. In addition, | understand and consent to the disclosure of my personal information and the terms of the Trial Period Plan and this Agreement by Lender te (i) the U.S. Department of the Treasury; {ii} Fannie Mae and Freddie Mac in connection with their responsibilities under the Home Affordability and Stability Plan; (i) any investor, insurer, guarantor or servicer thal owns, insures, guarantees or services my first len or subordinate tien (if applicable)morigage loan{s); (iv) companies that perform support Services for the Home Affordable Modification Program and the Second Lien Modification Program; and (v) arly HUD certified housing counselor. N. That if any document related to the Loan Documents and/or this Agreement is lost, misplaced, misstated, inaccurately reflects the true and correct terns and co