Preview
Filing # 118779341 E-Filed 12/28/2020 03:33:20 PM
IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIALCIRCUIT OF FLORIDA IN AND
FOR FLALGER COUNTY, FLORIDA
CASE NO.: 18-2018-CA-000633
GODWIN PROPERTIES GROUP, LLC
Plaintiff
VS.
SHANDRA P. MADDOX A/K/A SHANDRA MADDOX; UNKNOWN SPOUSE OF
SHANDRA P. MADDOX A/K/A SHANDA MADDOS; FLORIDA HOUSING FINANCE
CORPORATION; E TRADE BANK; CITY OF PALM COAST; FLORIDA; PALM COAST
HOLDINGS, INC.,; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH,
UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUCAL DEFENDANT(S) WHO
ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UKNOWN PARTIES
MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEEE, GRANTEES OR OTHER
CLAIMANTS.
Defendants
RESPONSE IN OPPOSITION TO CDC STAY
Plaintiff, by and through undersigned counsel hereby files its Objections to the Centers for
Disease Control (CDC) Stay Filed by SHANDRA MADDOX. In support thereof, Plaintiff avers
as follows:
1 On November 1, 2018 a suit to foreclose its mortgage interest in the real property
located at 14 Secretary Trail in Palm Coast, Florida.
2. That this Court entered Final Judgment on November 19, 2019, in favor of The
Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest to JP Morgan
Chase Bank, N.A. (BNYM).
3 That BNYM purchased this property at a public sale on January 17, 2020.
1|Page
Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 12/29/2020 01:37 PM
4. That on or about October 29, 2020 Plaintiff sold the foreclosed property to GOODWIN, a
copy of the HUD closing Statement and Special Warranty Deed are attached hereto. See Exhibit
«A”,
5. GOODWIN has acquired this interest of the foreclosed property which is the subject matter
of this litigation PRIOR to the Clerk issuing the Writ for Possession.
6. This Court entered an order Substituting the current plaintiff.
7. There has been no tenant/landlord relationship created between the parties.
MEMORANDA
8. The moratorium only applies to “residential property, which is defined as “any property
leased for residential purposes. See, Temporary Halt in Residential Evictions to Prevent the
Further Spread of COVID 19, 85 Fed. Reg. 55292 (September 4, 2020). Here, Defendant is not
being evicted, because there has been nor is there a tenant/landlord relationship between the
parties. This is a foreclosure matter, and the CDC order expressly states that it does not prohibit
foreclosures. Jd. Importantly this property is not regulated by any federal program as there is no
underlying federal financing arrangement.
9. To be sure, the CDC stay is inapplicable to the instant matter and only applies to matters
related to non-payment of rent, evictions. Jd. See Exhibit ““B”. Plaintiff would be prejudiced if
the Court would rule that the CDC applies thus preventing Plaintiff's right to possession. !
1 Assuming the Court finds that the CDC applies to the instant matter and that a landlord/tenant
relationship has been created, the CDC stay requires that a landlord allow certain tenants to occupy
certain rented premises, all the while the tenant is not paying rent. The United States Constitution
in Amendment 5, states that private property shall not be taken for public use without just
compensation. The United States Constitution in Amendment 6 states persons including the
2|Page
9. In conclusion, there is no legal basis upon which to impose the stay. Here, the CDC is
inapplicable to the current property. In addition, the property is not insured or financed by either
FHA, VA, FREDDIE or FANNIE.
WHEREFORE, Plaintiff opposes the former mortgagor’s position that the CDC Stay
applies to the instant matter and Plaintiff requests the court allow the writ to be issued in the
instanter.
STEVEN C. FRASER, P.A.
Post Office Box 2038
Hallandale Beach, Florida 33008
mail@fraserlawfl.com
(954)45 11-0434
/s/ Steven Fraser
Steven C Fraser, FBN:625825
landlord shall not be deprived of property without due process of law from the United States
government. Also, in Amendment 14 of the United States Constitution states that a state shall not
deprive any person of their property without due process of law. Importantly, the residential
eviction stay imposed violates Plaintiff's Constitution Rights to Property and abridges upon this
basic and alienable rights.
3|Page
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed on
December 28, 2020 with the Clerk of Court using the eportal system. I also certify that the foregoing
document is being served this day on all counsel of record or pro se parties identified on the Service List
below either via transmission of Notices of Electronic Filing generated by the e-portal or in some other
authorized manner for those counsel or parties who are not authorized to receive electronically Notices of
Electronic Filing. Steven C Fraser
Steven C. Fraser, Esquire
Florida Bar No. 625825
Via US MAIL
Shandra P Maddox
14 Secretary Trail
Palm Coast, Florida 32164-4416
Unknown Spouse of
Shandra P Maddox
14 Secretary Trail
Palm Coast, Florida 32164
Florida Housing Finance
227 N. Bronough Street
Suite 5000
Tallahassee, Florida 32301
E Trade Bank
671 North Glebe Road
Ballston Tower
Arlington, VA 22203
City of Palm Coast
160 Lake Ave
Suite Office/Mayor/Authorized Rep
Palm Coast, Florida 32164
Palm Coast Holdings Inc
1200 South Pine Island Road
c/o CT Corporation System
Plantation, FL 33324
4|Page
EXHIBIT “A”
2U-1U9L
386-445-9550 fax: 866-524-3449 8 Mortgage Ins. Case No.
CNOTE: This form is furnished to give you a satement of actual setilement costs. Amounts paid to and by the setilement agent are shown. Tiems marked
(poc) were paid outside the closing. They are shown here for informational purposes and are not included in the totals.
Goodwin Properties Group, LLC, a Nevada Limited Liability Company
D. Buyer: 3940 PAUL TERR
Fremont, California 94538
THE BANK OF NEW YORK MELLON F/k/A The Bank Of New York As Successor In Interest To JP Morgan
Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage Pass-
E. Seller: Through Certificates Series 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney in fact
8950 Cypress Waters Blvd, Coppell, TX 75019,
CASH
F. Lender:
14 SECRETARY TRL
Palm Coast, Flagler County, Florida 32164
G. Property:
Lot 5, Block 70, Subdivision Plat Seminole Park - Section 58, Seminole Woods at Palm Coast, Book 19, Page
26 through 40, inclusive, Flagler County, Florida
H. Settlement Agent: Agent's Choice Title, LLC.
Place of Settlement: 5 Utility Drive, Suite 17, Palm Coast, Florida 32137 Flagler County
1, Settlement Date: October 30, 2020
J. Summary of Buyer's Transaction K. Summary of Seller's Transaction
100. Gross Amount Due From Buyer: 400. Gross Amount Due To Seller:
101. Contract Sales Price 181,125.00 401. Contract Sales Price 181,125.00.
102. Personal Property 402. Personal Property
103. Settlement Charges to Buyer (line 1400) 5,628.24 403.
Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance:
106. City/ Town Taxes 406. City / Town Taxes
107. County / Parish Taxes 407. County / Parish Taxes
108. Assessments. 408. Assessments
120. Gross Amount Due from Buyer: 186,753.24 420. ._ Gross Amount Due to Seller: 181,125.00
200, Amounts Paid by or in Behalf of Buyer: 500. Reductions in Amount Due to Seller:
201 Deposit/ Earnest Money 5,433.75 501 Excess Deposit (see instructions)
202. Principal Amount of New Loan 502. Settlement Charges to Seller (Line 1400) 21,795.00
203 Existing Loan(s) 503 Existing Loan(s)
204, 504, Payoff of First Mortgage
205. 505. Payoff of Second Mortgage
206. 506. Purchase Money Mortgage
Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller:
210. City / Town Taxes 510. City / Town Taxes
2u County / Parish Taxes Su County/ Parish Taxes
212 Assessments: 312. Assessments,
220. Total Paid by / for Buyer: 5,433.75 520. Total Reductions in Amount Due Seller: 21,795.00
300. Cash at Settlement from / to Buyer: 600. . Cash at Settlement to/from Seller:
301 Gross Amount due from Buyer (line 120) 186,753.24 601 Gross Amount due to Seller (line 420) 181,125.00
302 Less Amount Paid by/for Buyer (line 220) 5,433.75, 602. Less Reductions Amount due Seller (line 520) 21,795.00
303. Cash From Buyer: $181,319.49 603. Cash To Seller: $159,330.00
Buyer Initials: — ZINA YAKUBOV
HUD-1 May 2007
October 29, 2020 5:28 PM
HUD: May 2007
20206128 PM
we. ww. woe
oe wes
704. CASCADE FEE to XOME ~ 150.00
705. BROKER/REFERRAL FEE to HOME SELECT SETTLEMENT SOLUCTIONS, LLC 3,450.00
706. COOPERATING FEE to XOME REALTY SERVICES LLC 3,450.00
800. Items Payable in Connection with Loan:
801 Loan Origination Fee
802. Loan Discount
803 Appraisal Fee
804 Credit Report
805. Lender's Inspection Fee
806. Mortgage Insurance Application Fee
807. Assumption Fee
900. Te fems Required by Lender to be Paid in Advance:
901. Daily interest charge
902. Mortgage Insurance Premium
903. Hazard Insurance Premium
904. Flood Insurance Premium
1000. Reserves Deposited with Lender:
1001 Hazard Insurance
1002. Mortgage Insurance
1003 City Property Taxes
1004. County Property Taxes
1005. Annual Assessments
1100. Title Charges:
101 Settlement or Closing Fee to Agent's Choice Title, LLC. 350.00
1102 Abstract or Title Search to Fidelity National Title Insurance Company 85.00
1103 Title Examination
1104, Title Insurance Binder
1105, Document Preparation
1106. Notary Fees
Attorney Fees
1107, (includes above item numbers:
Title Insurance to Agent's Choice Title, LLC. 981.00
1108.
(includes above item numbers:
1109. Lender's Coverage 0.00
Risk Rate
1110, Owner's Coverage 181,125.00 Premium:
$981.00
Wi ERecording fee
SELLER PAID TITLE FEES - FILE #: 101-10270105 to VYLLA TITLE, LLC
1112, 1,035.00
1200. Government Recording and Transfer Charges:
1201 Recording Fees: Deed 50,50 Mortgage 358.50 Releases 0.00 409.00
1202 City/County Tax/Stamps: Deed 0.00 Mortgage 0.00
1203. State Tax/Stamps: Deed 1,268.40 Mortgage 0.00 1,268.40
1204. Intangible Tax to Clerk of the Circuit Court
1205.
1300. Additional Settlement Charges:
1301 Survey
1302. Pest Inspection
1303. BUYERS PREMIUM to XOME 8,625.00
1304 ASSET MANAGEMENT FEE to CONSOLIDATED ANALYTICS MGMT FEE 1,725.00
1305, WIRE FEES to Agent's Choice Title, LLC, 20.00 60.00_
1306. MUNICIPAL LIEN SEARCH FEE to CITY OF PALM COAST. 30.00,
1307, 2020 PROPERTY TAXES to FLAGLER COUNTY TAX COLLECTOR 2,034.84
1308. Outstanding Utilites to City of Palm Coast 450.00
1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) $5,628.24 $21,795.00
~—
HUD-1 May 2007
October 29, 2020 5:28 PM
HUD-1 ‘May.200
October 29;°2 28 PM
386-445-9550 fax: 866-524-3449
I have carefully reviewed the HUD-! Settlement Statement and to the best of my knowledge and belief. it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement Statement.
.
THE BANK OF NEW YORK MELLON F/WA The Bank Of
Goodwin Properties Group, LLC, a Nevada Limited Liability New York As Successor In Interest To JP Morgan Chase Bank
Company N.A. as Trustee for Structured Asset Mortgage Investments {1
Trust 2006-AR4 Mortgage Pass-Through Certificates Series
Buyer: Seller: 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney
ZINA YAKUBOV, OFFICER/MANAGER in fact
‘The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. 1 have caused or will cause the funds to be disbursed in
accordance with the instructions of the parties hereto.
Date: October 30, 2020
Settlement Agent:
RUZANNA TARANNIK
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and
imprisonment. For details see Title 18 U.S. Code Section 1001 and Section 1010.
HUD-1 May 2007
October 29, 2020 5:28 PM
as of January 1, 2010
PURPOSE OF THIS NOTICE
Fidelity National Title Insurance Company and the above named Agent (‘the Agent") share your concerns about
privacy. Each Company is committed to respecting the privacy of our policyholders. Therefore, in accordancewith
Federal and State laws and regulations, we are providing you with this notice of how we might use the information
about you which we gather in the process of issuing our policy of title insurance.
Title V of the Gramm-Leach-Bliley Act (GLBA) and the laws of the State in which you reside generally prohibit us
from sharing nonpublic personal information about you with a third party unless we provide you with this notice of
our privacy policies and practices, such as the type of information that we collect about you and the categories of
persons or entities to whom that information may be disclosed. In compliance with the GLBA and the laws of this
State, we are providing you with this document, which notifies you of the privacy policies and practices of Fidelity
National Title Insurance Company and the Agent.
OUR PRIVACY POLICIES AND PRACTICES
1 Information we collect and sources from which we collect it:
We do not collect any nonpublic personal information about you other than the following:
Information we receive from you or from your attorney or other representatives on applications or other
forms.
Information about your transactions with us, our affiliates or our agents.
In addition, we may collect other nonpublic personal information about you from individuals and companies
other than those proposed for coverage.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information wili
be collected about you.
U. Information we disclose to third parties:
In the course of our general business practices, we may disclose that information that we collect (as described above)
about you or others without your permission to the following types of institutions for the reasons described:
To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will
enable that party to perform a business, professional or insurance function for us;
To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity,
fraud or misrepresentation in connection with an insurance transaction:
To an insurance institution, agent, or credit reporting agency for either this Company or the entity to whom
we disclose the information to perform a function in connection with an insurance transaction involving you:
To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect
our interests in preventing or prosecuting fraud, or if we believe that you have conducted illegal activities:
To an actuarial or research organization for the purpose of conducting actuarial or research studies.
The disclosures described above are permitted by law.
Closers’ Choice Privacy Policy
You have the right to request access to the personal information that we record about you. Your right includes the
right to know the source of the information and the identity of the persons, institutions or types of institutions to whom
we have disclosed such information within 2 years prior to your request. Your right includes the right to view such
information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a
reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions
of any information in our possession. The procedures that you must follow to request access to or an amendment of your
information are as follows:
‘9 obtain acce: te ur information fre is ity National Title Insurance Compan’
You should submit a request in writing to: Fidelity National Title Insurance Company Corporate Legal Department
To obtain access to your information from the above named Agent:
You should submit your written request including the specified information to the address stated at the top of page 1. The
request should include the same information mentioned above for requests to Fidelity National Title Insurance Company.
To correct, amend, or delete any of your information:
You should submit a request in writing to the address referenced, directly above. The request should include your name, address,
policy number, the specified information in dispute, and the identity of the document or record that contains the disputed
information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the
correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal which you will have the opportunity
to challenge.
Iv. Our practice regarding information confidentiality and security:
We restrict access to nonpublic personal information about you to those employees who need to know that information in order
to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
Vv. Our policy regarding dispute resolution:
Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by
arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Vi Reservation of the right to disclose information in unforeseen circumstances:
In connection with the potential sale or transfer of its interests, United General and Agent and their respective affiliates
reserve the right to sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and
county of residency and other information that you provide through other communications) to a third party entity that (1)
concentrates its business in a similar practice or service; (2) agrees to be a successor in interest of United General or the Agent
with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy
statement.
Goodwin Properties Group, LLC
a Nevada Limited Liability Company
Closers’ Choice Privacy Policy
JP Morgan Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4
Mortgage Pass-Through Certificates Series 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney in
fact
BUYERS: Goodwin Properties Group, LLC, a Nevada Limited Liability Company
LEGAL DESCRIPTION: Lot 5, Block 70, Subdivision Plat Seminole Park - Section 58, Seminole Woods at
Palm Coast, Book 19, Page 26 through 40, inclusive, Flagler County, Florida
CLOSING AGENT: Agent's Choice Title, LLC.
We, the undersigned Seller(s) and Buyers(s) of the above captioned property, hereby acknowledge that
the following are conditions regarding the transfer of the above captioned property:
1 That all contingencies set forth in the Contract of Sale have been complied with:
2 That the proration of taxes as shown by the closing statement on this date has been made on the basis of:
Taxes for the previous year, based on $0, and assuming the same exemptions to be allowable for
the current year; or
An estimate of current year's tax, based on the latest information with regard to current millage,
assessed valuation and exemption allowed, $0, estimate for the year 2020.
ax No tax proration has been made.
That it is understood by the Buyer(s) and Seller(s) with respect to tax proration, that the following shall
apply:
Both parties have accepted such proration as a final determination of liability for taxes between
the parties; or;
When current year's tax bills are available, the parties will make such further adjustments as
might be necessary. This adjustment will be made directly between the parties and not through
Agent's Choice Title, LLC.
That all utility bills (unrecorded assessments and association dues, if applicable), including but not
limited to water, sewer, gas, garbage and electric are the responsibility of the parties involved in this
transaction and not that of the closing agent. All matters in regards to utility bills (unrecorded
assessments and association dues will be handled outside of closing even if such matters appear on the
closing statement.
That each party will fully cooperate to adjust for clerical errors on any or all closing documentation, if
necessary.
Seller(s) acknowledges that the payoff statements received by Agent's Choice Title, LLC. from current
mortgagees may be subject to said mortgagee's final audit after receipt of the payoff funds resulting in a
demand by said mortgagees for additional funds. Seller(s), upon request, agree to forward said funds
forthwith.
This shall confirm the undersigned's consent, as per Rule 4-21.010(3) of the Florida Administrative
Code, to the placement of the settlement funds for the above referenced transaction into an interest
bearing escrow account in the name of Agent's Choice Title, LLC. and to further confirm that the
interest earned on such account will be the property of Agent's Choice Title, LLC..
THE BANK OF NEW YORK MELLON ~ Seller Goodwin Properties Group, LLC, a - Buyer
F/kK/A The Bank Of New York As Nevada Limited Liability Company
Successor In Interest To JP Morgan
Chase Bank N.A. as Trustee
This Document Prepared By:
William E. Curphey
c/o National Deed Network, Inc.
36181 East Lake Road #382
Palm Harbor, FL 34685
After Recording Return To/
Mail Tax Statements To:
Goodwin Properties Group, LLC
3940 Paul Terr
Fremont, CA 94538
Order #: 101-10270105
Parcel ID #: 07-11-31-7058-00700-0050
SPECIAL WARRANTY DEED
This SPECIAL WARRANTY DEED, executed this__29 day of _October_, 2020, by, THE
BANK OF NEW YORK MELLON F/k/A The Bank Of New York As Successor In Interest To JP Morgan
Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage
Pass-Through Certificates Series 2006-AR4, whose address is 8950 Cypress Waters Blvd, Coppell, TX
75019, hereinafter referred to as GRANTOR, grants to GOODWIN PROPERTIES GROUP, LLC, whose
address is 3940 Paul Terr Fremont, CA 94538, is hereinafter referred to as GRANTEE.
Wherever used herein the terms “GRANTOR” AND “GRANTEE” include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of
corporations.
Witnessed: That GRANTOR, for and in consideration of the sum of One Hundred Eighty-One
Thousand One Hundred Twenty-Five and 00/100 ($181,125.00) DOLLARS, and other valuable
considerations, receipt whereof is hereby acknowledged, hereby conveys and confirms unto the
GRANTEE, in fee simple, all that certain land, situated in Flagler County, Florida, viz:
LOT 5, BLOCK 70, OF PALM COAST, MAP OF SEMINOLE PARK, SECTION 58,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE(S) 26
THROUGH 40, INCLUSIVE, OF THE PUBLIC RECORDS OF FLAGLER COUNTY,
FLORIDA.
Property Address: 14 Secretary Trl, Palm Coast, FL 32164
SUBJECT TO TAXES ACCRUING FOR 2020. AND SUBSEQUENT YEARS.
The legal description was obtained from a previously recorded instrument or was provided by
agent for grantor.
This deed warrants title only against claims held by, through, or under the Grantor, or against
encumbrances made or suffered by the Grantor, and it cannot be held to warrant title generally against all
persons.
TO HAVE AND TO HOLD, the same in fee simple forever.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
Grantor does further covenant and bind itself, and its successors and assigns, to warrant and
forever defend the title to the property to the said Grantee against the lawful claims of all persons claiming
by through or under the grantor but no further or otherwise.
The undersigned persons executing this Deed on behalf of said Grantor corporation/government
entity represent and certify that they are duly elected officer or other corporate official of said entity and
have been fully empowered by proper resolution to execute and deliver this deed; that the Grantor has full
corporate capacity to convey the real estate described herein, and that all necessary corporate action for the
making of such conveyance has been taken and done.
IN WITNESS WHEREOF, Grantor has hereunto set a hand and seal the day and year first written
above.
Signed, sealed and delivered in our presence
Witnesses: THE BANK OF NEW YORK MELLON F/k/A
The Bank Of New York As Successor In Interest
Tac
A To JP Morgan Chase Bank N.A. as Trustee for
Witness Structured Asset Mortgage Investments II Trust
2006-AR4 Mortgage Pass-Through Certificates
TeREMy THAcCKER Series 2006-AR4
Print Name By: NATIONSTAR MORTGAGE, LLC, as
attorney in fact
Witness poke hk .
co Vrocia Title: Assistai int Secret
Print Name
Printed Name: __ Kristen Dineen
TE OF )
COUNTY
The foregoing im ent was acknowledged before me by means of [ ] physical presence or [ ]
online notarization, this of, , 2020, by who is the/a
of NATI ‘AR MORTGAGE, LLC, as attorney in fact for THE BANK OF
NEW YORK MELLON F/k/A The Bank lew York As Successor In Interest To JP Morgan Chase
Bank N.A. as Trustee for Structured Asset Mc Investments II Trust 2006-AR4 Mortgage Pass-
Through Certificates Series 2006-AR4, on behalf of mpany. He/she is personally known to me or has
produced as identification.
See Attached
Notary Public
My commission expires:
No title search was performed on the subject property by the preparer. The preparer of this deed makes
neither representation as to the status of the title nor property use or any zoning regulations concerning
described property herein conveyed nor any matter except the validity of the form of this instrument.
Information herein was provided to preparer by Grantor/Grantee and /or their agents; no boundary survey
was made at the time of this conveyance.
[— — —
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
on October 29, 2020 before me, Julio Gonzalez, Notary Public
(insert name and title of the officer)
Kristen Dineen
personally appeared
who proved to me on the basis of satisfactory evidence to be the perso whose name({s¥ isiare~
cribed to the within instrument and acknowledged to me that befshe/they executed the same in
iS/her! authorized capacity(ie$), and that by bisfher/theif signature(syon the instrument the
person(j, or the entity upon behalf of which the person(s} acted, executed the instrument.
| certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
JULIO GONZALEZ
WITNESS my hand and official seal. Notary Public- California
Orange County g
Commission # 2198725
My Comm. Expires Jun 21, 2021
Signature (Seal)
aie ena
EXHIBIT “B”
EXHIBI.
srencente
ee
eae
55292 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices
i
DEPARTMENT OF HEALTH AND immunocompromised state, obesity, eviction or possessory action, shall not
HUMAN SERVICES sorious heart conditions, and diabetes, evict any covered person from any
are at increased risk for severe illness residential property in any jurisdiction
Centers for Disease Control and from COVID-19.1 to which this Order applies during the
Prevention COVID-19 presents a historic threat to effective period of the Order, This Order
public health. According to one recent does nol apply in any State, local,
Temporary Halt in Residential study, the mortality associated with territorial, or tribal area with a
Evictions To Prevent the Further COVID-19 during the early phaso of the moratorium on residential evictions that
Spread of COVID-19 outbreak in New York City was ovides the same or greater level of
AGENCY: Centers for Disease Control and comparable to the peak mortality public-health protection than the
Prevention (CDC), Department of Health observed during the 1918 H1N1 requirements listed in this Order. Nor
and Human Services (HHS). influenza pandemic? During the 1918 does this order apply to American
ACTION: Agency Order. HA1N1 influenza pandemic, there were Samoa, which has re] ted no cases of
approximately 50 million influenza- COVID-19, until such time as cases are
SUMMARY: The Centers for Disease related deaths worldwide, including reported.
Control and Prevention (CDC), located 675,000 in the United States. To in accordance with 42 U.S.C. 264(e),
within the Department of Health and respond to this public health threat, the this Order does not preclude State,
Human Services (HHS) announces the Federal, State, and local governments local, territorial, and tribal authorities
issuance of an Order under Section 361 have taken unprecedented or from imposing additional requirements
of the Public Health Service Act to exceedingly rare actions, including that provide greater public-health.
temporarily halt residential evictions to border closures, restrictions on travel, protection and are more restrictive than
prevent the further spread of COVID-19. stay-at-home orders, mask requirements, 6 requirements in this Order.
DATES: This Order is effactive and eviction moratoria. Despite these This Order is a temporary eviction
September 4, 2020 through December best efforts, COVID-19 continues to moratorium to prevent the
spread of COVID-19. This Order does
31, 2020, spread and further action is needed.
FOR FURTHER INFORMATION CONTACT: In the context of a pandemic, eviction
not relieve any individual of any
Nina Witkofsky, Acting Chief of Staff, moratoria—like quarantine, isolation,
obligation to pay rent, make a housing
it, or comply with any other
Centers for Disease Control and.
Prevention, 1600 Clifton Road NE, MS
and social distancing—can be an
effective public health measure utilized ot ligation that the individual may have
under a tenancy, lease, or similar
H21-10, Atlanta, GA 30329; Telephone: to prevent the spread of communicable contract, Nothing in this Order
404-639-7000; Email: cderegulations@ disease. Eviction moratoria facilitate recludes the charging or collecting of
edegov. self-isolation by people who become ill fees, penaltios, or interest as a result of
SUPPLEMENTARY INFORMATION: or who are at risk for severe illness from the failure to pay rent or other housing
COVID-19 due to an underlyin, payment on a timely basis, under the
Background medical condition, They also low terms of any applicable contract.
There is currently a pandemic of a State and local authorities to more
respiratory disease (““COVID-19”) easily implement stay-at-home and Renter's or Homeowner's Declaration
caused a novel coronavirus (SARS— social distancing directives to mitigate Attachment A is a Declaration form
COV-2) that has now spread globally, the community spread of COVID-19. that tenants, lessees, or residents of
including cases reported in all fifty Furthermore, housing stability helps residential properties wha are covered
states within the United States plus the protect public health because yy the CDC’s order temporarily halting
District of Columbia and U.S. territories homelessness increases the likelihood of residential evictions to prevent
(excepting American Samoa), As of individuals moving into congregate further5] read of COVID-19 may use. ‘To
August 24, 2020, there were over
23,000,000 cases of COVID-19 globally
settings, such as homeless shelters,
which then puts individuals at higher
‘invoke the
6 CDC’: 's order these persons
must provide an executed copy of the
resulting in over 800,000 deaths; over risk to COVID-19. The ability of these Declaration form (or a similar
5,500,000 cases have been identified in settings to adhere to best practices, such declaration under penalty of perjury} to
the United States, with new cases being as social distancing and other infection their landlord, owner of the residential
reported daily and over 174,000 deaths contro] measures, decreases as property where they live, or other
due to the disease,
The virus that causes COVID-19 iindividuals
opulations increase. Unsheltered
jomelessness also increases the risk that
will experience severe
person who has a right to have them
evicted or removed from whore they
spreads very easily and sustainably live. Each adult listed on the lease,
between people who are in close contact illness from COVID-19, rental reement, or housing contract
with one another (within about 6 feet), Applicability should likewise complote and provide a
mainly through respiratory droplets declaration, Unless 6 CDC order is
produced when an infected person Under this Order, a landlord, owner extended, changed, or ended, the order
coughs, sneezes, or talks. Some people of a residential property, or other prevents these persons from.
without symptoms may be able to person $ with a legal right to pursue ing
evicted or removed from where they are
spreat virus, Among adults, the risk living through December 31, 2020.
for severe illness from COVID-19 ‘CDC, People with Certain Medical Conditions, ose persons are still required to pay
increases with age, with older adults at htt pst heedgovleoronavirus/2019-ncov/need-
extra-precautions/people-with-medical- rent and follow all the other terms of
highest risk. Severo illness means that cone htm! (accassed August 26, 2020). their lease and rules of the place where
ersons with COVID-19 may roquira 2 Faust JS, Lin 2, del Rio C. Comparison of they live. These persons may also still
sospitelization, intensive care, or a Estimated Excess Deaths in New York City During be evicted for reasons other than not
ventilator to help them breathe, and the COVID-19 and 1914 Influenza Pandemios, paying rent or making a housing
may be fatal, Peoplo of any age with JAMA New Open, 2020;3(6):02017527. dai:10.1001/
Jamanctworkopon.2020.17527,
certain underlying medical conditions, 3 Far purposesof this Order, “person” includes partnerships, societies, and joint stock companies,
such as cancer, corporations, companies, associations, firms, as wall as individuals.
Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55293
payment, Executed declarations should other person with a legal right to pursue similar dwelling leased for residential
urposes, but shall not include any
not be returned to the Federal
Government.
eviction or a possessory action,
declaration under penalty of perjury f otel, motel, or other guest house rented
indicating that: to a temporary guest or seasonal tenant
Centers for Disease Control and (1) The individual has used best as defined under the laws of the State,
Prevention, Department of Health and efforts to obtain all available territorial, tribal, or local jurisdiction,
Auman Services government assistance for rent or “State” shall have the same definition
Order Under Section 361 of the Public housii as under 42 CFR 70.1, meaning “any of
Health Service Act (42 U.S.C. 264) and (2) The individual either (i) expacts to the 50 states, plus the District of
42 CFR 70.2 earn no more than $99,000 in ann Columbia.”
Temporary Halt in Residential
income for Calendar Year 2020 (or no “U.S. territory” shall have the same
more than $198,000 if filing a joint tax definition as under 42 CFR 70.1,
Evictions To Prevent the Further return),® (ii) was not required to report meaning “any territory (also known as
Spread of COVID-19 any income in 2019 to the U.S. Internal possessions) of the United States,
Summary Revenue Service, or (iii) received an including American Samoa, Guam, the
Notice and Order; and subject to the Economic Impact Payment (stimulus Northern Mariana Islands, the
limitations under “Applicability”: check) pursuant to Section 2201 of the Commonwealth of Puerto Rico, and the
Under 42 CFR 70.2, a landlord, owner
Preview
Filing # 118779341 E-Filed 12/28/2020 03:33:20 PM IN THE CIRCUIT COURT FOR THE SEVENTH JUDICIALCIRCUIT OF FLORIDA IN AND FOR FLALGER COUNTY, FLORIDA CASE NO.: 18-2018-CA-000633 GODWIN PROPERTIES GROUP, LLC Plaintiff VS. SHANDRA P. MADDOX A/K/A SHANDRA MADDOX; UNKNOWN SPOUSE OF SHANDRA P. MADDOX A/K/A SHANDA MADDOS; FLORIDA HOUSING FINANCE CORPORATION; E TRADE BANK; CITY OF PALM COAST; FLORIDA; PALM COAST HOLDINGS, INC.,; ANY AND ALL UNKNOWN PARTIES CLAIMING BY, THROUGH, UNDER, AND AGAINST THE HEREIN NAMED INDIVIDUCAL DEFENDANT(S) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAID UKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEEE, GRANTEES OR OTHER CLAIMANTS. Defendants RESPONSE IN OPPOSITION TO CDC STAY Plaintiff, by and through undersigned counsel hereby files its Objections to the Centers for Disease Control (CDC) Stay Filed by SHANDRA MADDOX. In support thereof, Plaintiff avers as follows: 1 On November 1, 2018 a suit to foreclose its mortgage interest in the real property located at 14 Secretary Trail in Palm Coast, Florida. 2. That this Court entered Final Judgment on November 19, 2019, in favor of The Bank of New York Mellon f/k/a The Bank of New York as Successor in Interest to JP Morgan Chase Bank, N.A. (BNYM). 3 That BNYM purchased this property at a public sale on January 17, 2020. 1|Page Electronically Received in the Office of the Clerk of the Circuit Court - Flagler County, Florida - 12/29/2020 01:37 PM 4. That on or about October 29, 2020 Plaintiff sold the foreclosed property to GOODWIN, a copy of the HUD closing Statement and Special Warranty Deed are attached hereto. See Exhibit «A”, 5. GOODWIN has acquired this interest of the foreclosed property which is the subject matter of this litigation PRIOR to the Clerk issuing the Writ for Possession. 6. This Court entered an order Substituting the current plaintiff. 7. There has been no tenant/landlord relationship created between the parties. MEMORANDA 8. The moratorium only applies to “residential property, which is defined as “any property leased for residential purposes. See, Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID 19, 85 Fed. Reg. 55292 (September 4, 2020). Here, Defendant is not being evicted, because there has been nor is there a tenant/landlord relationship between the parties. This is a foreclosure matter, and the CDC order expressly states that it does not prohibit foreclosures. Jd. Importantly this property is not regulated by any federal program as there is no underlying federal financing arrangement. 9. To be sure, the CDC stay is inapplicable to the instant matter and only applies to matters related to non-payment of rent, evictions. Jd. See Exhibit ““B”. Plaintiff would be prejudiced if the Court would rule that the CDC applies thus preventing Plaintiff's right to possession. ! 1 Assuming the Court finds that the CDC applies to the instant matter and that a landlord/tenant relationship has been created, the CDC stay requires that a landlord allow certain tenants to occupy certain rented premises, all the while the tenant is not paying rent. The United States Constitution in Amendment 5, states that private property shall not be taken for public use without just compensation. The United States Constitution in Amendment 6 states persons including the 2|Page 9. In conclusion, there is no legal basis upon which to impose the stay. Here, the CDC is inapplicable to the current property. In addition, the property is not insured or financed by either FHA, VA, FREDDIE or FANNIE. WHEREFORE, Plaintiff opposes the former mortgagor’s position that the CDC Stay applies to the instant matter and Plaintiff requests the court allow the writ to be issued in the instanter. STEVEN C. FRASER, P.A. Post Office Box 2038 Hallandale Beach, Florida 33008 mail@fraserlawfl.com (954)45 11-0434 /s/ Steven Fraser Steven C Fraser, FBN:625825 landlord shall not be deprived of property without due process of law from the United States government. Also, in Amendment 14 of the United States Constitution states that a state shall not deprive any person of their property without due process of law. Importantly, the residential eviction stay imposed violates Plaintiff's Constitution Rights to Property and abridges upon this basic and alienable rights. 3|Page CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was electronically filed on December 28, 2020 with the Clerk of Court using the eportal system. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the Service List below either via transmission of Notices of Electronic Filing generated by the e-portal or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing. Steven C Fraser Steven C. Fraser, Esquire Florida Bar No. 625825 Via US MAIL Shandra P Maddox 14 Secretary Trail Palm Coast, Florida 32164-4416 Unknown Spouse of Shandra P Maddox 14 Secretary Trail Palm Coast, Florida 32164 Florida Housing Finance 227 N. Bronough Street Suite 5000 Tallahassee, Florida 32301 E Trade Bank 671 North Glebe Road Ballston Tower Arlington, VA 22203 City of Palm Coast 160 Lake Ave Suite Office/Mayor/Authorized Rep Palm Coast, Florida 32164 Palm Coast Holdings Inc 1200 South Pine Island Road c/o CT Corporation System Plantation, FL 33324 4|Page EXHIBIT “A” 2U-1U9L 386-445-9550 fax: 866-524-3449 8 Mortgage Ins. Case No. CNOTE: This form is furnished to give you a satement of actual setilement costs. Amounts paid to and by the setilement agent are shown. Tiems marked (poc) were paid outside the closing. They are shown here for informational purposes and are not included in the totals. Goodwin Properties Group, LLC, a Nevada Limited Liability Company D. Buyer: 3940 PAUL TERR Fremont, California 94538 THE BANK OF NEW YORK MELLON F/k/A The Bank Of New York As Successor In Interest To JP Morgan Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage Pass- E. Seller: Through Certificates Series 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney in fact 8950 Cypress Waters Blvd, Coppell, TX 75019, CASH F. Lender: 14 SECRETARY TRL Palm Coast, Flagler County, Florida 32164 G. Property: Lot 5, Block 70, Subdivision Plat Seminole Park - Section 58, Seminole Woods at Palm Coast, Book 19, Page 26 through 40, inclusive, Flagler County, Florida H. Settlement Agent: Agent's Choice Title, LLC. Place of Settlement: 5 Utility Drive, Suite 17, Palm Coast, Florida 32137 Flagler County 1, Settlement Date: October 30, 2020 J. Summary of Buyer's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Buyer: 400. Gross Amount Due To Seller: 101. Contract Sales Price 181,125.00 401. Contract Sales Price 181,125.00. 102. Personal Property 402. Personal Property 103. Settlement Charges to Buyer (line 1400) 5,628.24 403. Adjustments for Items Paid by Seller in Advance: Adjustments for Items Paid by Seller in Advance: 106. City/ Town Taxes 406. City / Town Taxes 107. County / Parish Taxes 407. County / Parish Taxes 108. Assessments. 408. Assessments 120. Gross Amount Due from Buyer: 186,753.24 420. ._ Gross Amount Due to Seller: 181,125.00 200, Amounts Paid by or in Behalf of Buyer: 500. Reductions in Amount Due to Seller: 201 Deposit/ Earnest Money 5,433.75 501 Excess Deposit (see instructions) 202. Principal Amount of New Loan 502. Settlement Charges to Seller (Line 1400) 21,795.00 203 Existing Loan(s) 503 Existing Loan(s) 204, 504, Payoff of First Mortgage 205. 505. Payoff of Second Mortgage 206. 506. Purchase Money Mortgage Adjustments for Items Unpaid by Seller: Adjustments for Items Unpaid by Seller: 210. City / Town Taxes 510. City / Town Taxes 2u County / Parish Taxes Su County/ Parish Taxes 212 Assessments: 312. Assessments, 220. Total Paid by / for Buyer: 5,433.75 520. Total Reductions in Amount Due Seller: 21,795.00 300. Cash at Settlement from / to Buyer: 600. . Cash at Settlement to/from Seller: 301 Gross Amount due from Buyer (line 120) 186,753.24 601 Gross Amount due to Seller (line 420) 181,125.00 302 Less Amount Paid by/for Buyer (line 220) 5,433.75, 602. Less Reductions Amount due Seller (line 520) 21,795.00 303. Cash From Buyer: $181,319.49 603. Cash To Seller: $159,330.00 Buyer Initials: — ZINA YAKUBOV HUD-1 May 2007 October 29, 2020 5:28 PM HUD: May 2007 20206128 PM we. ww. woe oe wes 704. CASCADE FEE to XOME ~ 150.00 705. BROKER/REFERRAL FEE to HOME SELECT SETTLEMENT SOLUCTIONS, LLC 3,450.00 706. COOPERATING FEE to XOME REALTY SERVICES LLC 3,450.00 800. Items Payable in Connection with Loan: 801 Loan Origination Fee 802. Loan Discount 803 Appraisal Fee 804 Credit Report 805. Lender's Inspection Fee 806. Mortgage Insurance Application Fee 807. Assumption Fee 900. Te fems Required by Lender to be Paid in Advance: 901. Daily interest charge 902. Mortgage Insurance Premium 903. Hazard Insurance Premium 904. Flood Insurance Premium 1000. Reserves Deposited with Lender: 1001 Hazard Insurance 1002. Mortgage Insurance 1003 City Property Taxes 1004. County Property Taxes 1005. Annual Assessments 1100. Title Charges: 101 Settlement or Closing Fee to Agent's Choice Title, LLC. 350.00 1102 Abstract or Title Search to Fidelity National Title Insurance Company 85.00 1103 Title Examination 1104, Title Insurance Binder 1105, Document Preparation 1106. Notary Fees Attorney Fees 1107, (includes above item numbers: Title Insurance to Agent's Choice Title, LLC. 981.00 1108. (includes above item numbers: 1109. Lender's Coverage 0.00 Risk Rate 1110, Owner's Coverage 181,125.00 Premium: $981.00 Wi ERecording fee SELLER PAID TITLE FEES - FILE #: 101-10270105 to VYLLA TITLE, LLC 1112, 1,035.00 1200. Government Recording and Transfer Charges: 1201 Recording Fees: Deed 50,50 Mortgage 358.50 Releases 0.00 409.00 1202 City/County Tax/Stamps: Deed 0.00 Mortgage 0.00 1203. State Tax/Stamps: Deed 1,268.40 Mortgage 0.00 1,268.40 1204. Intangible Tax to Clerk of the Circuit Court 1205. 1300. Additional Settlement Charges: 1301 Survey 1302. Pest Inspection 1303. BUYERS PREMIUM to XOME 8,625.00 1304 ASSET MANAGEMENT FEE to CONSOLIDATED ANALYTICS MGMT FEE 1,725.00 1305, WIRE FEES to Agent's Choice Title, LLC, 20.00 60.00_ 1306. MUNICIPAL LIEN SEARCH FEE to CITY OF PALM COAST. 30.00, 1307, 2020 PROPERTY TAXES to FLAGLER COUNTY TAX COLLECTOR 2,034.84 1308. Outstanding Utilites to City of Palm Coast 450.00 1400. Total Settlement Charges (Enter on line 103, Section J and line 502, Section K) $5,628.24 $21,795.00 ~— HUD-1 May 2007 October 29, 2020 5:28 PM HUD-1 ‘May.200 October 29;°2 28 PM 386-445-9550 fax: 866-524-3449 I have carefully reviewed the HUD-! Settlement Statement and to the best of my knowledge and belief. it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of HUD-1 Settlement Statement. . THE BANK OF NEW YORK MELLON F/WA The Bank Of Goodwin Properties Group, LLC, a Nevada Limited Liability New York As Successor In Interest To JP Morgan Chase Bank Company N.A. as Trustee for Structured Asset Mortgage Investments {1 Trust 2006-AR4 Mortgage Pass-Through Certificates Series Buyer: Seller: 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney ZINA YAKUBOV, OFFICER/MANAGER in fact ‘The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. 1 have caused or will cause the funds to be disbursed in accordance with the instructions of the parties hereto. Date: October 30, 2020 Settlement Agent: RUZANNA TARANNIK WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine and imprisonment. For details see Title 18 U.S. Code Section 1001 and Section 1010. HUD-1 May 2007 October 29, 2020 5:28 PM as of January 1, 2010 PURPOSE OF THIS NOTICE Fidelity National Title Insurance Company and the above named Agent (‘the Agent") share your concerns about privacy. Each Company is committed to respecting the privacy of our policyholders. Therefore, in accordancewith Federal and State laws and regulations, we are providing you with this notice of how we might use the information about you which we gather in the process of issuing our policy of title insurance. Title V of the Gramm-Leach-Bliley Act (GLBA) and the laws of the State in which you reside generally prohibit us from sharing nonpublic personal information about you with a third party unless we provide you with this notice of our privacy policies and practices, such as the type of information that we collect about you and the categories of persons or entities to whom that information may be disclosed. In compliance with the GLBA and the laws of this State, we are providing you with this document, which notifies you of the privacy policies and practices of Fidelity National Title Insurance Company and the Agent. OUR PRIVACY POLICIES AND PRACTICES 1 Information we collect and sources from which we collect it: We do not collect any nonpublic personal information about you other than the following: Information we receive from you or from your attorney or other representatives on applications or other forms. Information about your transactions with us, our affiliates or our agents. In addition, we may collect other nonpublic personal information about you from individuals and companies other than those proposed for coverage. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional information wili be collected about you. U. Information we disclose to third parties: In the course of our general business practices, we may disclose that information that we collect (as described above) about you or others without your permission to the following types of institutions for the reasons described: To a third party such as a surveying, real estate tax research or municipal data firm if the disclosure will enable that party to perform a business, professional or insurance function for us; To an insurance institution, agent, or credit reporting agency in order to detect or prevent criminal activity, fraud or misrepresentation in connection with an insurance transaction: To an insurance institution, agent, or credit reporting agency for either this Company or the entity to whom we disclose the information to perform a function in connection with an insurance transaction involving you: To an insurance regulatory authority, law enforcement, or other governmental authority in order to protect our interests in preventing or prosecuting fraud, or if we believe that you have conducted illegal activities: To an actuarial or research organization for the purpose of conducting actuarial or research studies. The disclosures described above are permitted by law. Closers’ Choice Privacy Policy You have the right to request access to the personal information that we record about you. Your right includes the right to know the source of the information and the identity of the persons, institutions or types of institutions to whom we have disclosed such information within 2 years prior to your request. Your right includes the right to view such information and copy it in person, or request that a copy of it be sent to you by mail (for which we may charge you a reasonable fee to cover our costs). Your right also includes the right to request corrections, amendments or deletions of any information in our possession. The procedures that you must follow to request access to or an amendment of your information are as follows: ‘9 obtain acce: te ur information fre is ity National Title Insurance Compan’ You should submit a request in writing to: Fidelity National Title Insurance Company Corporate Legal Department To obtain access to your information from the above named Agent: You should submit your written request including the specified information to the address stated at the top of page 1. The request should include the same information mentioned above for requests to Fidelity National Title Insurance Company. To correct, amend, or delete any of your information: You should submit a request in writing to the address referenced, directly above. The request should include your name, address, policy number, the specified information in dispute, and the identity of the document or record that contains the disputed information. Upon receipt of your request, we will contact you within 30 business days to notify you either that we have made the correction, amendment or deletion, or that we refuse to do so and the reasons for the refusal which you will have the opportunity to challenge. Iv. Our practice regarding information confidentiality and security: We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Vv. Our policy regarding dispute resolution: Any controversy or claim arising out of or relating to our privacy policy, or the breach thereof, shall be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Vi Reservation of the right to disclose information in unforeseen circumstances: In connection with the potential sale or transfer of its interests, United General and Agent and their respective affiliates reserve the right to sell or transfer your information (including but not limited to your address, name, age, sex, zip code, state and county of residency and other information that you provide through other communications) to a third party entity that (1) concentrates its business in a similar practice or service; (2) agrees to be a successor in interest of United General or the Agent with regard to the maintenance and protection of the information collected; and (3) agrees to the obligations of this privacy statement. Goodwin Properties Group, LLC a Nevada Limited Liability Company Closers’ Choice Privacy Policy JP Morgan Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage Pass-Through Certificates Series 2006-AR4 By: NATIONSTAR MORTGAGE, LLC, as attorney in fact BUYERS: Goodwin Properties Group, LLC, a Nevada Limited Liability Company LEGAL DESCRIPTION: Lot 5, Block 70, Subdivision Plat Seminole Park - Section 58, Seminole Woods at Palm Coast, Book 19, Page 26 through 40, inclusive, Flagler County, Florida CLOSING AGENT: Agent's Choice Title, LLC. We, the undersigned Seller(s) and Buyers(s) of the above captioned property, hereby acknowledge that the following are conditions regarding the transfer of the above captioned property: 1 That all contingencies set forth in the Contract of Sale have been complied with: 2 That the proration of taxes as shown by the closing statement on this date has been made on the basis of: Taxes for the previous year, based on $0, and assuming the same exemptions to be allowable for the current year; or An estimate of current year's tax, based on the latest information with regard to current millage, assessed valuation and exemption allowed, $0, estimate for the year 2020. ax No tax proration has been made. That it is understood by the Buyer(s) and Seller(s) with respect to tax proration, that the following shall apply: Both parties have accepted such proration as a final determination of liability for taxes between the parties; or; When current year's tax bills are available, the parties will make such further adjustments as might be necessary. This adjustment will be made directly between the parties and not through Agent's Choice Title, LLC. That all utility bills (unrecorded assessments and association dues, if applicable), including but not limited to water, sewer, gas, garbage and electric are the responsibility of the parties involved in this transaction and not that of the closing agent. All matters in regards to utility bills (unrecorded assessments and association dues will be handled outside of closing even if such matters appear on the closing statement. That each party will fully cooperate to adjust for clerical errors on any or all closing documentation, if necessary. Seller(s) acknowledges that the payoff statements received by Agent's Choice Title, LLC. from current mortgagees may be subject to said mortgagee's final audit after receipt of the payoff funds resulting in a demand by said mortgagees for additional funds. Seller(s), upon request, agree to forward said funds forthwith. This shall confirm the undersigned's consent, as per Rule 4-21.010(3) of the Florida Administrative Code, to the placement of the settlement funds for the above referenced transaction into an interest bearing escrow account in the name of Agent's Choice Title, LLC. and to further confirm that the interest earned on such account will be the property of Agent's Choice Title, LLC.. THE BANK OF NEW YORK MELLON ~ Seller Goodwin Properties Group, LLC, a - Buyer F/kK/A The Bank Of New York As Nevada Limited Liability Company Successor In Interest To JP Morgan Chase Bank N.A. as Trustee This Document Prepared By: William E. Curphey c/o National Deed Network, Inc. 36181 East Lake Road #382 Palm Harbor, FL 34685 After Recording Return To/ Mail Tax Statements To: Goodwin Properties Group, LLC 3940 Paul Terr Fremont, CA 94538 Order #: 101-10270105 Parcel ID #: 07-11-31-7058-00700-0050 SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED, executed this__29 day of _October_, 2020, by, THE BANK OF NEW YORK MELLON F/k/A The Bank Of New York As Successor In Interest To JP Morgan Chase Bank N.A. as Trustee for Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage Pass-Through Certificates Series 2006-AR4, whose address is 8950 Cypress Waters Blvd, Coppell, TX 75019, hereinafter referred to as GRANTOR, grants to GOODWIN PROPERTIES GROUP, LLC, whose address is 3940 Paul Terr Fremont, CA 94538, is hereinafter referred to as GRANTEE. Wherever used herein the terms “GRANTOR” AND “GRANTEE” include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations. Witnessed: That GRANTOR, for and in consideration of the sum of One Hundred Eighty-One Thousand One Hundred Twenty-Five and 00/100 ($181,125.00) DOLLARS, and other valuable considerations, receipt whereof is hereby acknowledged, hereby conveys and confirms unto the GRANTEE, in fee simple, all that certain land, situated in Flagler County, Florida, viz: LOT 5, BLOCK 70, OF PALM COAST, MAP OF SEMINOLE PARK, SECTION 58, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 19, PAGE(S) 26 THROUGH 40, INCLUSIVE, OF THE PUBLIC RECORDS OF FLAGLER COUNTY, FLORIDA. Property Address: 14 Secretary Trl, Palm Coast, FL 32164 SUBJECT TO TAXES ACCRUING FOR 2020. AND SUBSEQUENT YEARS. The legal description was obtained from a previously recorded instrument or was provided by agent for grantor. This deed warrants title only against claims held by, through, or under the Grantor, or against encumbrances made or suffered by the Grantor, and it cannot be held to warrant title generally against all persons. TO HAVE AND TO HOLD, the same in fee simple forever. Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. Grantor does further covenant and bind itself, and its successors and assigns, to warrant and forever defend the title to the property to the said Grantee against the lawful claims of all persons claiming by through or under the grantor but no further or otherwise. The undersigned persons executing this Deed on behalf of said Grantor corporation/government entity represent and certify that they are duly elected officer or other corporate official of said entity and have been fully empowered by proper resolution to execute and deliver this deed; that the Grantor has full corporate capacity to convey the real estate described herein, and that all necessary corporate action for the making of such conveyance has been taken and done. IN WITNESS WHEREOF, Grantor has hereunto set a hand and seal the day and year first written above. Signed, sealed and delivered in our presence Witnesses: THE BANK OF NEW YORK MELLON F/k/A The Bank Of New York As Successor In Interest Tac A To JP Morgan Chase Bank N.A. as Trustee for Witness Structured Asset Mortgage Investments II Trust 2006-AR4 Mortgage Pass-Through Certificates TeREMy THAcCKER Series 2006-AR4 Print Name By: NATIONSTAR MORTGAGE, LLC, as attorney in fact Witness poke hk . co Vrocia Title: Assistai int Secret Print Name Printed Name: __ Kristen Dineen TE OF ) COUNTY The foregoing im ent was acknowledged before me by means of [ ] physical presence or [ ] online notarization, this of, , 2020, by who is the/a of NATI ‘AR MORTGAGE, LLC, as attorney in fact for THE BANK OF NEW YORK MELLON F/k/A The Bank lew York As Successor In Interest To JP Morgan Chase Bank N.A. as Trustee for Structured Asset Mc Investments II Trust 2006-AR4 Mortgage Pass- Through Certificates Series 2006-AR4, on behalf of mpany. He/she is personally known to me or has produced as identification. See Attached Notary Public My commission expires: No title search was performed on the subject property by the preparer. The preparer of this deed makes neither representation as to the status of the title nor property use or any zoning regulations concerning described property herein conveyed nor any matter except the validity of the form of this instrument. Information herein was provided to preparer by Grantor/Grantee and /or their agents; no boundary survey was made at the time of this conveyance. [— — — ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) on October 29, 2020 before me, Julio Gonzalez, Notary Public (insert name and title of the officer) Kristen Dineen personally appeared who proved to me on the basis of satisfactory evidence to be the perso whose name({s¥ isiare~ cribed to the within instrument and acknowledged to me that befshe/they executed the same in iS/her! authorized capacity(ie$), and that by bisfher/theif signature(syon the instrument the person(j, or the entity upon behalf of which the person(s} acted, executed the instrument. | certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. JULIO GONZALEZ WITNESS my hand and official seal. Notary Public- California Orange County g Commission # 2198725 My Comm. Expires Jun 21, 2021 Signature (Seal) aie ena EXHIBIT “B” EXHIBI. srencente ee eae 55292 Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices i DEPARTMENT OF HEALTH AND immunocompromised state, obesity, eviction or possessory action, shall not HUMAN SERVICES sorious heart conditions, and diabetes, evict any covered person from any are at increased risk for severe illness residential property in any jurisdiction Centers for Disease Control and from COVID-19.1 to which this Order applies during the Prevention COVID-19 presents a historic threat to effective period of the Order, This Order public health. According to one recent does nol apply in any State, local, Temporary Halt in Residential study, the mortality associated with territorial, or tribal area with a Evictions To Prevent the Further COVID-19 during the early phaso of the moratorium on residential evictions that Spread of COVID-19 outbreak in New York City was ovides the same or greater level of AGENCY: Centers for Disease Control and comparable to the peak mortality public-health protection than the Prevention (CDC), Department of Health observed during the 1918 H1N1 requirements listed in this Order. Nor and Human Services (HHS). influenza pandemic? During the 1918 does this order apply to American ACTION: Agency Order. HA1N1 influenza pandemic, there were Samoa, which has re] ted no cases of approximately 50 million influenza- COVID-19, until such time as cases are SUMMARY: The Centers for Disease related deaths worldwide, including reported. Control and Prevention (CDC), located 675,000 in the United States. To in accordance with 42 U.S.C. 264(e), within the Department of Health and respond to this public health threat, the this Order does not preclude State, Human Services (HHS) announces the Federal, State, and local governments local, territorial, and tribal authorities issuance of an Order under Section 361 have taken unprecedented or from imposing additional requirements of the Public Health Service Act to exceedingly rare actions, including that provide greater public-health. temporarily halt residential evictions to border closures, restrictions on travel, protection and are more restrictive than prevent the further spread of COVID-19. stay-at-home orders, mask requirements, 6 requirements in this Order. DATES: This Order is effactive and eviction moratoria. Despite these This Order is a temporary eviction September 4, 2020 through December best efforts, COVID-19 continues to moratorium to prevent the spread of COVID-19. This Order does 31, 2020, spread and further action is needed. FOR FURTHER INFORMATION CONTACT: In the context of a pandemic, eviction not relieve any individual of any Nina Witkofsky, Acting Chief of Staff, moratoria—like quarantine, isolation, obligation to pay rent, make a housing it, or comply with any other Centers for Disease Control and. Prevention, 1600 Clifton Road NE, MS and social distancing—can be an effective public health measure utilized ot ligation that the individual may have under a tenancy, lease, or similar H21-10, Atlanta, GA 30329; Telephone: to prevent the spread of communicable contract, Nothing in this Order 404-639-7000; Email: cderegulations@ disease. Eviction moratoria facilitate recludes the charging or collecting of edegov. self-isolation by people who become ill fees, penaltios, or interest as a result of SUPPLEMENTARY INFORMATION: or who are at risk for severe illness from the failure to pay rent or other housing COVID-19 due to an underlyin, payment on a timely basis, under the Background medical condition, They also low terms of any applicable contract. There is currently a pandemic of a State and local authorities to more respiratory disease (““COVID-19”) easily implement stay-at-home and Renter's or Homeowner's Declaration caused a novel coronavirus (SARS— social distancing directives to mitigate Attachment A is a Declaration form COV-2) that has now spread globally, the community spread of COVID-19. that tenants, lessees, or residents of including cases reported in all fifty Furthermore, housing stability helps residential properties wha are covered states within the United States plus the protect public health because yy the CDC’s order temporarily halting District of Columbia and U.S. territories homelessness increases the likelihood of residential evictions to prevent (excepting American Samoa), As of individuals moving into congregate further5] read of COVID-19 may use. ‘To August 24, 2020, there were over 23,000,000 cases of COVID-19 globally settings, such as homeless shelters, which then puts individuals at higher ‘invoke the 6 CDC’: 's order these persons must provide an executed copy of the resulting in over 800,000 deaths; over risk to COVID-19. The ability of these Declaration form (or a similar 5,500,000 cases have been identified in settings to adhere to best practices, such declaration under penalty of perjury} to the United States, with new cases being as social distancing and other infection their landlord, owner of the residential reported daily and over 174,000 deaths contro] measures, decreases as property where they live, or other due to the disease, The virus that causes COVID-19 iindividuals opulations increase. Unsheltered jomelessness also increases the risk that will experience severe person who has a right to have them evicted or removed from whore they spreads very easily and sustainably live. Each adult listed on the lease, between people who are in close contact illness from COVID-19, rental reement, or housing contract with one another (within about 6 feet), Applicability should likewise complote and provide a mainly through respiratory droplets declaration, Unless 6 CDC order is produced when an infected person Under this Order, a landlord, owner extended, changed, or ended, the order coughs, sneezes, or talks. Some people of a residential property, or other prevents these persons from. without symptoms may be able to person $ with a legal right to pursue ing evicted or removed from where they are spreat virus, Among adults, the risk living through December 31, 2020. for severe illness from COVID-19 ‘CDC, People with Certain Medical Conditions, ose persons are still required to pay increases with age, with older adults at htt pst heedgovleoronavirus/2019-ncov/need- extra-precautions/people-with-medical- rent and follow all the other terms of highest risk. Severo illness means that cone htm! (accassed August 26, 2020). their lease and rules of the place where ersons with COVID-19 may roquira 2 Faust JS, Lin 2, del Rio C. Comparison of they live. These persons may also still sospitelization, intensive care, or a Estimated Excess Deaths in New York City During be evicted for reasons other than not ventilator to help them breathe, and the COVID-19 and 1914 Influenza Pandemios, paying rent or making a housing may be fatal, Peoplo of any age with JAMA New Open, 2020;3(6):02017527. dai:10.1001/ Jamanctworkopon.2020.17527, certain underlying medical conditions, 3 Far purposesof this Order, “person” includes partnerships, societies, and joint stock companies, such as cancer, corporations, companies, associations, firms, as wall as individuals. Federal Register/Vol. 85, No. 173/Friday, September 4, 2020/Notices 55293 payment, Executed declarations should other person with a legal right to pursue similar dwelling leased for residential urposes, but shall not include any not be returned to the Federal Government. eviction or a possessory action, declaration under penalty of perjury f otel, motel, or other guest house rented indicating that: to a temporary guest or seasonal tenant Centers for Disease Control and (1) The individual has used best as defined under the laws of the State, Prevention, Department of Health and efforts to obtain all available territorial, tribal, or local jurisdiction, Auman Services government assistance for rent or “State” shall have the same definition Order Under Section 361 of the Public housii as under 42 CFR 70.1, meaning “any of Health Service Act (42 U.S.C. 264) and (2) The individual either (i) expacts to the 50 states, plus the District of 42 CFR 70.2 earn no more than $99,000 in ann Columbia.” Temporary Halt in Residential income for Calendar Year 2020 (or no “U.S. territory” shall have the same more than $198,000 if filing a joint tax definition as under 42 CFR 70.1, Evictions To Prevent the Further return),® (ii) was not required to report meaning “any territory (also known as Spread of COVID-19 any income in 2019 to the U.S. Internal possessions) of the United States, Summary Revenue Service, or (iii) received an including American Samoa, Guam, the Notice and Order; and subject to the Economic Impact Payment (stimulus Northern Mariana Islands, the limitations under “Applicability”: check) pursuant to Section 2201 of the Commonwealth of Puerto Rico, and the Under 42 CFR 70.2, a landlord, owner