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Filing # 106749907 E-Filed 04/27/2020 04:00:47 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CARRINGTON MORTGAGE SERVICES,
LLC,
Plaintiff, Case No: 2020 CA 000080 MF
vs.
THOMAS COMPTON, et al.,
Defendants.
/
NOTICE OF FILING
COMES NOW, Plaintiff, CARRINGTON MORTGAGE SERVICES, LLC, by and
through the undersigned counsel, hereby gives Notice of Filing the following for consideration at
Trial and for all other purposes permitted:
. AFFIDAVIT OF AMOUNTS DUE AND OWING
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
CASE NO: 2020 CA 000080 MF
CERTIFICATE OF SERVICE
THEREBY CERTIFY that a true and exact copy of the foregoing was furnished by U.S.
Mail and email, as required, this 27" day of April 2020 to:
THOMAS E. COMPTON
4011 GEORGETOWN COURT
SAINT CLOUD, FLORIDA 34772
MICHELLE A. COMPTON
4011 GEORGETOWN COURT
Zs/ Rvan Glover
Ryan Glover, Esq.
Florida Bar No. 118226
Lender Legal PLLC
2807 Edgewater Drive
Orlando, Florida 32804
Tel: (407) 730-4644
Fax: (888) 337-3815
Attorney for Plaintiff
Service Emails:
rglover@lenderlegal.com
EService@LenderLegal.com
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
2
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CARRINGTON MORTGAGE SERVICES,
LLC,
Plaintiff, Case No: 2020 CA 000080 MF
vs.
THOMAS COMPTON, et al.,
Defendants.
/
AFFIDAVIT OF AMOUNTS DUE AND OWING
STATE OF California
COUNTY OF Orel
BEFORE ME an officer authorized to take oaths, ‘this day, personally appeared
Tom Croft of Carrington Mortgage Services, LLC, who being first duly sworn,
deposes and says:
1 1 am authorized to sign this affidavit on behalf of Plaintiff, CARRINGTON
MORTGAGE SERVICES, LLC, as an officer of Carrington Mortgage Services, LLC.
2. My name is Tom Cro and
I am SVP of Default of
Carrington Mortgage Services, LLC, the holder of the note and mortgage herein.
3 Carrington Mortgage Services, LLC maintains records for the Loan in its capacity
as servicer,
4 The information in this affidavit is taken from Carrington Mortgage Services,
LLC’s business records. I have personal knowledge of Carrington Mortgage Services, LLC’s
procedures for creating these records. They are: (a) made at or near the time of the occurrence of
the matters recorded by persons with personal knowledge of the information in the business record,
or from information transmitted by a person with person knowledge; (b) kept in the course of
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
Case No. 2020 CA 000080 MF
Carrington Mortgage Services, LLC’s regularly conducted business activities; and (c) it is the
regular practice of Carrington Mortgage Services, LLC to make such records.
5. To the best of the A ffiant’s knowledge, the records and computer data are complete,
accurate and correct.
6. I have personal knowledge of the facts contained in this affidavit through review of
Carrington Mortgage Services, LLC’s business records related to this loan and regarding the sums
of money which are due and owing to Plaintiff or its assigns pursuant to the Note and Mortgage
which is the subject matter of this lawsuit (See Composite Exhibit “A”).
7. Plaintiff is the holder of the promissory note for this loan and is entitled to enforce
the same pursuant to Florida Statute § 673.3011(1).
8. As of. Ue 14-a0 , Plaintiff or its assigns, is owed the following sums
(Date)
of money:
[INTENTIONALLY LEFT BLANK]
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
Case No. 2020 CA 000080 MF
Principal Balance Duc $213,972.46
Interest on the Note and Mortgage from 07/01/2019 to 04/01/2020 $8,625.78
Per Diem of $31.51 at 5.375%
07/01/2019 — 03/01/2020 5.375% $ 7,667.36
03/01/2020 — 04/01/2020 5.375% $ 958.42
ESCROW ADVANCES $2,011.66
Beginning Balance $ (161.28)
Administrative Adjustments $ (5,300.39)
Reversal $ 4,017.38
Loan Modification $ (5,164.69)
Payments $ (13,226.44)
County Taxes $14,404.08
Tax Year 2009 County Tax Pmt $ 1,660.55
Tax Year 2010 County Tax Pmt $ 1,372.69
Tax Year 2011 County Tax Pmt $ 1,219.10
Tax Year 2012 County Tax Pmt $ 1,192.06
Tax Year 2013 County Tax Pmt $ 1,249.26
Tax Year 2014 County Tax Pmt $ 1,267.20
Tax Year 2015 County Tax Pmt $ 1,274.89
Tax Year 2016 County Tax Pmt $ 1,258.10
Tax Year 2017 County Tax Pmt $ 1,287.06
Tax Year 2018 County Tax Pmt $ 1,299.89
Tax Year 2019 County Tax Pmt $ 1,323.28
Hazard Insurance $7,443.00
Tax Year 2010 Hazard Ins Pmt 570.00
Tax Year 2011 Hazard Ins Pmt 628.00
Tax Year 2012 Hazard Ins Pmt 666.00
Tax Year 2013 Hazard Ins Pmt 776.00
Tax Year 2014 Hazard Ins Pmt 790.00
Tax Year 2015 Hazard Ins Pmt 784.00
Tax Year 2016 Hazard Ins Pmt 808.00
Tax Year 2017 Hazard Ins Pmt 807.00
Tax Year 2018 Hazard Ins Pmt 807.00
Tax Year 2019 Hazard Ins Pmt 807.00
FHA Premium Due HUD
Late Charges
NSF Fees
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
Case No. 2020 CA 000080 MF
SpeedPay Fee
Corporate Advance $465.00
Property Inspections Fee $ 140.00
FCL Title Services $_ 325.00
Expense Advance $100.00
Property Inspections Fee $_ 100.00
Deferred Amount
Unapplied / Suspense $(408.99)
Additional Escrow: “Tax”
Additional Escrow: “Haz”
Other
TOTAL DUE $224,765.91
Under penalty of perjury, I declare that I have read the foregoing, and that the facts alleged
therein are true and correct to the best of my personal knowledge.
CARRINGTON MORT«* E SERVICES, LLC
LynTom Croff,
Cd, SVP Default
Name:
Title:
JURAT
‘ATE OF
COUNTY OF
Subscribed and $\ to (or affirmed) before me by means of C1 physical presence or OJ online
noetarizatien on this day of , 2020 by
proved to me on the basis of sal tory evidence to be the person who appeared before me.
Signature (Seal)
jant is: SEE ATTACHED
rsonally known, or
0 Protyced Identification
Type of I tification Produced
LLS09330-COMPTON, THOMAS & MICHELLE | 4011 GEORGETOWN COURT |
A notary public or other officer completing this
certificate verifies only the identity of the CALIFORNIA JURAT
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
Subscribed and sworn to (or affirmed) before me on this__/4+* __ day of April 2020, by
‘Tom Croft proved to me on the basis of satisfactory evidence to
c
be the person who appeared before me.
3 Not tary Public - California
Los Angeles County
Commission # 2303293
‘My Comm. Expires Sep 25, 2023
[hhevaate— (Notary Seal
Signature: Maria. Abumada, Notary Public My Commission Expires: Sept. 25, 2023
OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM.
The wording of all Jurais completed in California after January J, 2008 rst
bre fae form asset forth wth this Jat, There are no exceptions. Ifa Jurat
to be completed does not follow this form, the notary must correct the
verbiage by using a jurat stamp containing the correct wording or attaching a
separate jurat form such as this one which does contain proper wordiug. In
DESCRIPTION OF THE ATTACHED DOCUMENT ‘addition, the notary must require an oath or affirmation fromm the document
signer regarding the truthfuluess of the contenss of the documen. The
doctanent must be signed AFTER the oath or affirmation. If the document was
previously signed, it must be re-signed in front of the notary public durmg the
(Title or description of attached document)
vat process.
State ond County information nwust be the State and County where the
(Title or description of attached documnent continued)
document signer(s) persaually appeared before the notary public.
Date of notarization urust be the date that the signer(s) personally appeared
Number of Pages Document Date. which must also be the same date the jurat process is compl
Print the name(s) of dociument signer(s) who personally appear at the time of
‘notarization.
‘(Additional information) Siguature of the uoury public must match the signature ou file with the office
of the county clerk.
The notary seal impression must be clear and pliotographically reproducible.
Impression must not cover text or lines. If seal impression sunadges.re-sea if a
sufficient area permits, otherwise complete a different juuat fom.
% Additional information is uot required but could help to ensure this
jurnt is not misused or attached to a different document.
% Indicate ide
or ype of attached document, nunber ofpages and iate,
Secusely attach this document to the signed document
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Filing # 101479723 E-Filed 01/10/2020 03:14:05 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT
IN AND FOR OSCEOLA COUNTY, FLORIDA
CARRINGTON MORTGAGE SERVICES,
LLC,
Plaintiff, Case No:
vs.
THOMAS COMPTON, et al.,
Defendants.
/
CERTIFICATION OF NOTE POSSESSION
I, NATALIA MCCANN, the undersigned Document Custodian for LENDER LEGAL
PLLC (“Lender Legal”), counsel for Plaintiff, hereby certify:
1 Lender Legal has been hired to represent the Plaintiff, CARRINGTON
MORTGAGE SERVICES, LLC, in the above-referenced foreclosure matter.
2. I have personally verified that as of January 10, 2020 at 2:36p.m., Lender Legal, as.
counsel for the Plaintiff, is in possession of the Original Promissory Note upon which this action
is brought, secured by the property located at: (herein the “Property”). See copy of the Note and
allonges, if any, attached.
3 I attest therefore that the Original Promissory Note is located at Lender Legal
PLLC’s office: 2807 Edgewater Drive, Orlando, Florida 32804, and was provided to Lender Legal
for purposes of its representation of the Plaintiff in this action to enforce said Original Promissory
Note and the related Mortgage.
LLS09330
4 | give this statement based on my personal knowledge.
Under penalties of perjury, I declare that I have read the foregoing Certification of
Possession of Original Note and that the facts stated in it are true.
Signed on the 10" day of January, 2020
LENDER LEGAL PLLC, attorney for Plaintiff,
CARRINGTON MORTGAGE SERVICES, LLC
Name: Ms Ue
Title: DOCUMENT CUSTODIAN
LLS09330
“1189-99288
Ay)
NOTE
May 20, 2008 Saint Cloud Florida
{Sue}
4011 Georgetown Court
Saint Cloud, FL 34772
(Peoperry Address)
.
1 BORROWER'S PROMISE TO PAY
In return fora loan that I have received, 1 promise to pay U. 3197, 88960
“Principal”), plus interest, to the order of the Lender. The Lender is Taylo jean
yh (this amount is called
Whjtéker Morty jage Corp.
1 will make all payments under this Note in the form of cash, check or money order.
| understand that the Lender may transfer this Note, The Lender or enyone who takes this Note by transfer and who is
entitled to receive payments under this Nate is called the “Note Holder.”
2 INTEREST
Interest will be charged on unpaid principal until the full amount ofPrincipal hus been paid, I will pay interestata yearly
rate of 6.3750%,
The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section
6(B) of this Note,
3. PAYMENTS
(A)_ Time and Place of Payments
1 will pay principal and interest by making e payment every month,
will make my monthly payment on the 4st day of each month beginning on July 01, 2008
| will make these poyments every month until I have paid all of the principal and interest und any other charges described
below that 1 may owe under this Note, Each monthly payment will be applied as ofits scheduled due date and will be epplied
to interest before Principal. If, on June 01, 2038 . 1 still owe amounts under this Note, | will pay those
amounts in full on that date, which is called the “Maturity Date.”
Iwill make my monthly payments at Taylor, Bean & Whitaker Mortgage Corp., 1417 North Magnolia Ave,
Ocala, FL 34475
~ Oral adiffecent place if required by the Note Holder,
3) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $1,234.54
4 BORROWER'S RIGHT TO PREPAY
Thave the right fo make payments of Principal at any time before they are due, A payment of Principal only is known as
2 "Prepayment." When I make @ Prepayment, | will tell the Note Holder in writing that I am doing so. { may not designate a
payment as a Prepayment if{ have not made all the monthly payments due under the Note.
{ may make a fult Prepayment or partial Prepayments without paying a Prepayment charge. The Nole Holder will use my
Prepayments to reduce the amount of Principal thet I 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 ofthe Note. If ] make a partial Prepayment, there will be no changes in the due date or in the emount of my
‘monthly payment unless the Note Holder agrees in writing to those changes.
FLORIDA FIXED RATE NOYE-—Singls Family—Fannle MaeiFroddle Mec UNIFORM INSTRUMENT. Form 3230 WO}
i
(TEM se26.1 (080m) Sogo
i"023: i I il587! LE ‘¥5996_20071012.100000,
cn618 822578346 N e801
int
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (8) any such
loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already
collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choase to make this refund
by teducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the
reduction will be treated as partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of ny monthly payment by the end of 15 calendar
days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 4.0000%
of my overdue payment of principal end interest. I will pay this late charge promptly but only once on each late payment,
(B) Defautt
Tf do not pay the full amount of each monthly payment on the date it is due, I will be in default,
(©) Notice of Default
IFT am in default, the Note Holder may send me a written notice telling me that if 1 do not pay the overdue amount by @
certain date, the Note Holder may require me to pay immediately the fall 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 is meiled to me or
delivered by other means,
(D) No Walver By Note Holder
Even i ¢ a time when I om in default, the Note Holder does not require me to pay immediately in full es described
above, the Note Holder will still have the right to do so if} am in default at a later time,
(©) Payment of Note Holder's Costs and Expenses
If the 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 snd expenses in enforcing this Note to the extent not prohibited by applicable law.
‘Those expenses include, for example, reasonable attomeys" fees,
7, GIVING OF NOTICES
Unless applicable taw 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 moil to me at the Property Address above or at a different address ifI 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 fo the Note Holderat the address stated in Section 3(A) above or at « different address if I am given e 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 ofthe promises made in
this Note, including the promise to pay the full amount owed, Any person who is « gusrentor, 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 all of the promises made in this Note. The Note Holder may enforce
its rights under this Note egainst each person individually or against all of us together. This means that any one ofus may be
Tequired (o pay all of the amounts owed under this Note.
9. WAIVERS
Vand any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor.
“Presentment” means the right to require the Note Holder to demand payment of amounts due, “Notice of Dishonor” means
the right to require the Note Halder to give notice to other persons that amounts due have not been paid.
10. UNIFORM SECURED 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 te
as this Note, protects the Note Holder from possible losses which might result if 1 do not keep the promises which I make in
FLORIDA FIXED RATE NOTE—Single Fomrily—Fonnle Mue/Freddfe Mac UNIFORM INSTRUMENT Form 3210 U0t
‘Tee sone.2 (oe) restos»
Page zet3)
this Note, That Security Instrument describes how and under what conditi ions 1 may be requiced to make immediate payment
in fall of alt amounts I owe under this Note, Some of those conditions are described as follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not #
natural person and a benefit I interest in Borrower is sold or transferred) without Lender's prior written consent,
Lender may require imme te payment in full ofall sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
Period of not less than 30 days from the date the notice is given in accordance with Section 15 within which a
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
expiration of this period, Lender may invoke any remedies permitted by this Security Instrumentsumswithoutprior to the
further
notice or demand on Borrower.
nh DOCUMENTARY TAX.
‘The state documentary tex due on this Note has been paid on the mortgage securing this indebtedness.
Borrower has executed and acknowledges receipt of pages | through 3 ofthis Note.
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED,
WisesE,
Thomas E Compton.
(Sea)
Borower
Mutts 4: Gap ;. (Sea)
Michelle A Compton
(Seal) (Seal)
“Borrower Borrower
(Seal) (Seal)
“Borrower Borower
[Sign Original Only}
‘Without recouree, pay to the orderof
‘By: Tayiog, Bean & Whitaker
Mortgage €or
Erla Carter-Shaw, EVP
FLORIDA FIXED RATE NOTE—Single Fomily-—Fannle Muc/Freddic Mac UNIFORM INSTRUMENT Form 3210 1/0)
‘TEN S038 (0809) restdoce™
(age 013)
CFH 2008087657
3670 Pos 0284 - 2985 (15pg5)
2 5/22/2008 12236247 Ph
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‘ Uae Ry WHALEY) CLERK OF COURT
.