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Filing # 75019053 E-Filed 07/16/2018 04:19:51 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR OSCEOLA.
COUNTY, FLORIDA. CIVIL DIVISION
CASE NO.
WILMINGTON SAVINGS FUND SOCIETY, FSB,
D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY
BUT AS TRUSTEE FOR PRETIUM MORTGAGE
ACQUISITION TRUST,
Plaintiff,
VS.
KEVIN HEISHMAN A/K/A KEVIN MICHAEL
HEISHMAN A/K/A KEVIN M. HEISHMAN; WELLS
FARGO FINANCIAL BANK, N/K/A WELLS FARGO
BANK, NATIONAL ASSOCIATION; KRISTEN
DAWN BIAMON FRANKS A/K/A KRISTEN
HEISHMAN; FLORIDA HOUSING FINANCE
CORPORATION; 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, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST,
NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, sues
the Defendants, KEVIN HEISHMAN A/K/A KEVIN MICHAEL HEISHMAN A/K/A KEVIN M.
HEISHMAN; WELLS FARGO FINANCIAL BANK, N/K/A WELLS FARGO BANK, NATIONAL
ASSOCIATION; KRISTEN DAWN BIAMON FRANKS A/K/A KRISTEN HEISHMAN; FLORIDA
HOUSING FINANCE CORPORATION; 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, 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 yenue is otherwise proper pursuantto 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 act as
the servicer of the subject note and 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 FDCPA: 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 to 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
(bereinafier the “property”) in Osceola County, Florida, more particularly described in the mortgage
attached hereto as part of Composite Exhibit “A”.
8. EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On September 30, 2005,
Defendant(s), KEVIN MICHAEL HEISHMAN executed and delivered a promissory note (the “note”) and
Defendant(s), KEVIN MICHAEL HEISHMAN and JAMIE HEISHMAN executed and delivered a
purchase money mortgage (the “mortgage”), which secures payment of the note, to MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR
2
EQUIFIRST CORPORATION, which mortgage was recorded in the Official Records, Book 2931 at Page
939, of the Public Records of Osceola County, Florida, and which mortgaged the property. The mortgage
was subsequently modified in that certain unrecorded Mortgage Modification Agreement, made on August
27, 2014, attached hereto as part of Composite Exhibit “A”. The mortgage was again modified in that
certain unrecorded Loan Adjustment Agreement, with an effective date of October 31, 2015, attached hereto
as part of Composite Exhibit “A”. The Mortgage has been subsequently assigned pursuant to assignment
of mortgage recorded in Official Records Book 5137, Page 1440, of the Public Records of Osceola 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) KEVIN HEISHMAN A/K/A KEVIN
MICHAEL HEISHMAN A/K/A KEVIN M. HEISHMAN, own(s) the property.
i. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due May 1,
2017, and all subsequent payments, which has resulted in a default 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 $129,278.07 that is due as principal on the note
and mortgage, plus interest from April 1, 2017, costs, advances and expenses as provided in the note and
mortgage.
13. ATTORNEYS FEES: Plaintiff bas obligated itself to pay the undersigned attorneys a
reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note
and mortgage.
INF! R iTS:
4. Defendant, KRISTEN DAWN BIAMON FRANKS A/K/A KRISTEN HEISHMAN, may
claim a right of redemption or other homestead interest in the subject property. This interest, if any, is
inferior to Plaintiff's mortgage.
15. Defendant, WELLS FARGO FINANCIAL BANK, N/K/A WELLS FARGO BANK,
NATIONAL ASSOCIATION, may have some interest or lien upon the subject property arising from a
Mortgage recorded in Official Records Book 2693, Page 2531, of the Public Records of Osceola County,
Florida. Plaintiff believes that the mortgage was paid in full prior to or simultaneously with the execution
of the mortgage being foreclosed. Defendant currently has no right to maintain a lien on the property and
any interest, if any is subordinate and inferior to Plaintiff's mortgage.
16. Defendant(s), FLORIDA HOUSING FINANCE CORPORATION, may claim some
interest in or lien upon the subject property arising from the mortgage, recorded in Official Records Book
4659, Page 587, of the Public Records of Osceola County, Florida, which interest is inferiorto Plaintiff's
mortgage.
17. Defendants, UNKNOWN TENANT NO. | 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 in the subject property, if any, is subject and inferior to the lien of Plaintiff's mortgage.
18. Defendants, ALLL. 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
morigage.
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 rules 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. 6
e) That this Court decree that the lien of the Plaintiffis 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.
f) That ail 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 relief in 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 law, if the proceeds of the sale are insufficient to pay
Plaintiffs claim.
COUNTIT
EQUITABLE SUBROGATION
19. Plaintiff re-alleges and incorporates herein paragraphs | through 18 above.
20. This is an action in equity to declare and enforce priority of the Subject Mortgage on the
Subject Property, pursuant to the doctrine of equitable subrogation, over which this Court has jurisdiction.
21. On or about September 30, 2005, KEVIN MICHAEL HEISHMAN and JAMIE
BEISHMAN, executed a Mortgage with MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
5
ING., ACTING SOLELY AS NOMINEE FOR EQUIFIRST CORPORATION, (the “Subject Mortgage”),
on the Subject Property in the amount of $204,000.00. See Composite Exhibit “A”. The Mortgage was
recorded on October 15, 2005 in Official Records Book 2931 at Page 939 of the Public Records of Osceola
County, Florida.
22. At the time of closing of the subject mortgage loan, the Property was encumbered by the
following pre-existing mortgage(s):
a) Mortgage dated January 13, 2005-.in favor of WELLS FARGO
FINANCIAL BANK, recorded in Official Records Book 2693, Page 2531 of the Public Records of Osceola
County, Florida
23. Plaintiff's mortgage is entitled to be equitably subrogated to the interest of the prior
mortgage holder and is entitled to a first lien position, superior to the interests of Defendants, by virtue of
the fact that a portion of the proceeds of Plaintiff's mortgage was used to satisfy said prior existing
mortgage. A true and correct copy of the HUD- 1 Settlement Statement is attached hereto as Exhibit “B”.
24. By equitable subrogation, Plaintiff assumes the status of the owner of said mortgage it
satisfied and is entitled to a first lien position, superior to the interest of all Defendants.
25. Plaintiff does not have an adequate remedy at law.
26. As a result of the foregoing, Plaintiff is entitled to equitably subrogate to a first position to
the extent funds from the Subject Mortgage were used to purchase the Subject Property, to be declared to
have a first position lien on the Subject Property encumbering the Subject Property, superior right to any
right, title or interest of any Defendant, or any one claiming by, through or under them; and to any and all
such further relief as the Court may deem just and proper.
WHEREFORE, Plaintiff requests this Court to enter judgment in its favor for the relief
requested above, and for any and all such further relief as the Court may deem just and proper.
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
By: LL.AAA Afb she
Sandra A. Little
Florida Bar No.: 949892
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: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT
ALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST
ent Services LLC its Attorney-In-Fact
Selve
As the:
Date:
For: Rushmore Loan Management Services LLC
1460-165410 / PAL
FAIR DEBT COLLECTION PRACTICES ACT VALIDATION
Re: Creditor: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST,
NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION
TRUST
Date: 07/05/2018
Promissory Note and Mortgage dated: September 30, 2005
Debt Owed: As of the date of this verification, you owe $147,391.63. 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 pyrpose.
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.
Attorneys 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”
Borrower: KEVIN MICHAEL HEISEMAN
Property Address: 318 CONNECTICUT AVENUE, SAINT CLOUD, FL 34769
CERTIFICATION OF POSSESSION OF GRIGINAL NOTE
sete ae tas
ity of pexjury hereby certifies the following:
1 Plaintiff is in possession of the original promissory note upon which this action was brought.
2 The location of the note is in the castody of SHD Legal Group P.A. whose physical address is 499 NW 70th
Ave., Suite 309, Fort Lauderdale, FL 33317.
3 I A lta. df, l g personally verified that SHD Legal Group P.A. is in possession of the
original note.
Name of Verifier: Lutlec ft Liile
Tithe: stl gerkieg
4. Possession of the original note was verified on:
time: Ye gpate: Ce / LY ao le
By: LLL he KE
wane: Jpudia of. Cable
As the: AY dnd
For: +0 SCL
Date: & LEE
5. Correct copies of the note and if applicable, all endorsements, transfers, allonges, or assignments
of the note are attached to this certification.
& statement
Teive this personal kKoowlenge.
based un my
‘Under penaities of perjury, I declare thet T have read the foregoing Certification of Possession of Original
LL le
‘Note and that the facts stated in it are trne.
Signature
Executed on bf YE
STATE OF Florida
COUNTY OF Broward
The foregoing instrument was acknowledged before me this }4 dayof_ Vine, 2018,by
Randers Cae who is/are personally known to me or has/have produced a as
identification.
mnenithe
ASEA NOTARY PHBL AML BECK
Print Name: hs aCovin Ger MY COMMISSIO# NGG 178503
1460-165410/ PAL EXPIRES: February 4, 2022
My Commission -5_ i 4 ee
BoreiedTH Notaty Pubic2
~
NOTE
‘ September 30, 2005 Saint Cloud
(ate) (City) (State)
318 Connecticut Avenue, Saint Cloud, FL 34769
(Property Address}
1, BORROWER'S PROMISE TO PAY
Jn return for a loan that I have received, I promise to pay U.S. $ 204,006.00 (this amount is called "principal"), :
plus interest, to the order of the Lender. The Lender is EquiFirst Corporation
I will make all payments under this Note in the form of cash, check or money order.
Tunderstand 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 will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay
interest at a yearly rate of 6.450%. The interest rate required by this Section 2 is the rate I will pay both before a
and after any default described in Section 6(B) of this Note.
3, FAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by making a payment every month.
I will make my monthly payment on the Ist day of each month beginning on November 1, 2005. I will make
these payments every month until I have paid all of the principal and interest and any other charges described
below that I may owe under this Note. Each monthly payment will be applied as of it’s scheduled due date and
will be applied. to interest before principal. If on, October 1, 2035 , I still owe amounts under this Note, I will pay
those amounts in full on that date, which is called the "matarity date."
Twill make my monthly payments at
Equik¥irst Corporation , 500 Forest Point Circle , Charlotte, NC 28273
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. $ 1,282.72 .
4, BORROWER'S RIGHT TO PREPAY
(A) Prepayment Ihave 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 I a prepayment, | will tell the Note Holder in writing that I am.
doing so, Iff make a partial repayment, there will be no changes in the due date or in the amonnt of my monthly
it
payment unless the Note Hol (der agrees in writing to those changes.
(B) Prepayment Penalty
In the event, during the first 3 years after the execution of this Note, | make a prepayment and the prepayment
exceeds twenty percent (20%) of the original principal amount ofthe Joan in any twelve (12) month period, I will pay a
prepayment charge in an amount equal io siz (6) months’ advance interest on the amount prepaid which is m excess of
twenty percent (20%) of the original principal amount of the loan within the tweive (12) month period. The Note
Holder will not assess a prepayment penalty after the 3rd anniversary of the date of execution of this Note.
Mulitstate Fixed Rate Note-Single Family
(EFSN) 2/0 10 sn Version)
Loan Numbey Page 1 of 3 waite KL
5. LOAN CHARGES
Ifa law, which applies to this loan and which sets maximum loan charges, is finaly interpreted so that the
interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits,
limit:
then: (i) any such loan charge shall be reduc ed by the amount necessary to reduce the charge to the permitted
to me.The Note
and (ii) any sums already collected from me whi ich exceeded permitted limits will be refunded
Holder may choose to make this refund by reducing the principal I owe under this Note or by making 2 direct
payment fo me. If a refund reduces p: rincipal, the reduction will be treated as a partial prepayment.
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder bas not received the full amount of any monthly payment by the end of 15 calendar days
after the date it is due, I will pay a jate charge to the Note Holder. The amount of the charge willbe 5.00% of my
overdue payment of principal and. interest. 1 will pay this late charge promptly but only once on each late payment.
(B) Default &
IfI do not pay the fall amount of each monthly payment on the date it is due, I will be in default.
(C) Notice of Default
TfL am in default, the Note holder may send me a written notice telling me that if I 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 beenp: aid and all the interest that I owe on that amount. That date must be at least 30 days after the dafe on
which the notice is mailed to me or delivered by other means.
(@) No Waiver By Note Holde
Even if, at a time when J am in. default, the Note Holder does not require me to pay immediately in fall as
time.
described above, the Note Holder will still have the right to do so iff am in default at a later
(E) Payment of Note Holder's Costs and Expei Ses:
Ifthe Note Holder has required me to pay imme diately 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
plicable law, ‘Those expenses include, for example, reasonable attorneys' fees.
7. GIVING OF NOTICES
‘Unless applicable 1. aw requires a different method, any notice that must be given fo me under this Note willbe
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 I give the Note He ‘older a notice of my different address.
Any notice that nmst be given to the Note Hol der under this Note will be given by delivering
it or by mailing it
Note Holder at the address stated in Section 31 (A) above or a different address ifT am given.
by first class mail to the
a notice of that different address.
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
Jf more than one person signs this Note, each person is fully and personally obligatedto keep all of the
promis ses 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 all of the promises
made in this Note. The Note Holder may enforce its rights under this Note against eachtheperson individually or
amounts owed under this
of us together. This means that any one of us may be required to pay all of
against all
Note.
9. WAIVERS of
[and any other person who has obligations un der this Note waive the rights of presentment and notice
dishonor. "Presentment" means the right to require ‘the Note Holder to demand payment of amounts due. “Notice of
‘been
disbonor" means the right to require the Note Hol Ider to give notice to other persons that amounts due have not
paid.
EFSN
Loan Number Page
2 of 3 Initials 4
10. UNIFORM SECURED NOr#
to the protections
‘This Note is a uniform instrament with limited variations in some jurisdictions. In addition
given to the Note Holder under this Note, a Mortgage, Deed of ‘Lrust or Security Deed (the "Security
might result if
instrument"), dated the same date as this Note, protec! ts the Note Holder from possible Josses which
I do not keep the promises which I make in this Note. ‘That Security Instrument describes how and under what
this Note. Some of
conditions I may be required io make imme ediate payment in full of all amounts I owe under
those conditions are described as follows:
Tf all ot any part of the Property or any interest in the Property 18 sold or transferred (or if Borrower is nota
natural perst ‘on and a beneficial interest in Borrower is sold or transferred ), without Lender's prior written
consent, Lender may requi ire immediaie payment in full of all 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 opt tion, Lender shall give Borrower notice of acceleration. ‘The notice shail provide a
period of not less than 30 days from the date the notice is given in accordance with Section15 within which
to pay these sums prior to the
Borrower must pay all sums secured by this Security Instrament. If Borrower fails
expiration of this period, Lender may inv oke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
11, DOCUMENTARY TAX
this indebtedness.
The state documentary tax due to this Note has been paid on the Mortgage securing
WITNESS'THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED
EM Aate (Seal) (Seal)
-Borrowet
Kevin Michael Heishman -Borrower
(Seal) (Seal)
-Borrower -Bonower
(Seal} (Seal)
-Botrower ~Borrower
(Seal) (Seal)
-Borower -Borrower
EFSN
‘Loan Num Page 3 of 3 ris £21
Note Endorsements
Borrower(s) Kevin Michael Heishman
Property Address: 318 Connecticut Avenue, Saint Cloud, FL 34769
TT
we
or
ot
Fg
oa ot ee
el ase
ES ye
Without Recourse, Pay to the Order oft
ine.
Cif imancial Meriges? Company,
é
[
Equik' ust dor r ‘ation | .
By:
giandon Per i gt
ident
Page 1 of 1
EFS5nendr (7/03)
ne
Borrower: KEVIN M HEISHMAN
Property Address: 318 CONNECTICUT AVENUE, SAINT CLOUD, FL 34769
Original Loan Amount: $204000
Lean Nunber iia
NOTE ALLONGE
For the purpose of endorsement of the attached Note, this Allonge is affixed and becomes a permanent part of
sai 01
Pay to the order oft
Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium
Mortgage Acquisition Trust
=8
Bayview Loan Servicing, LUC by Pretium Mortgage Credit Partners I Loan Acquisition, LP in its capacity as
Attorney-in-Fact
By: XY fala
Name: John Lynch S|
Title: Authorized Signatory
Alter Recording Retum fo:
‘Bayview Loan Servicing, LLC
Aun; Collateral Department
4425 Ponce de Leon Blvd, Sth Fioor
Corat Gables, FL. 33146
JSeuee-ayowe This Line Forecast dial: i atin ietneinmert
eetaaathegece nue intent mtg
LOAN ADJUSTMENT. AGREE! ENT
into as of Golober 31. 2015
me ntis made and entered HMAN ‘Ag acive Dato’), by end between, Bayview n
This tonin ddjuslment agreo M HEIS (‘Borr ower") .
Loan Senicing, LLC, ("Servicer "yang KEVIN ’
RECITALS
servicing agent of the holder of thet certain Pidmis Note:fNot") dated 09/90/2095, executed by
A, Servicer is the hi older ordeces n-int erest In the orlginal principa l sun of 826) 1
Borrower or Borrower's pre sor-i
i6, in the ottglnd principal:
Bi The. note eukdontes 4: ‘opr {aeaDeed !) te orrower pt Bertower's! je. The Szouily-tnslroment’
rg ‘yaoi 6 al Trust OF tharig i gacuring
moe iheally Geaesived lp Ine
gutreh ar tm farsi
groates 32 goured Jen of cadHin reat proper r aan documents ne. Loan wre hereiaaner ennectivet
Trpteuns hacNole het Setuly Insitemant 2ne. delhe
to eedhe Lows Se xi es t: Note to
ared Servicnlto efit jsf the abhodule d aro! ization of the
at hae, Borfow he retest requested 2g} jjusiment wit benefit
C. Due fo adverse ecoriarnls cheuest OULG:eal ine 2 Bervic oy in full and Yn. thn i
permit Borrower to ment Pocrowal’s Tien Ih. pe of ihe Loan by Servicer. Accordingly. It Is
sad “arty juniet Golde r, ty aubl oing CAgreoman!).
Borrower, Service r
considered (o be Inthe best inierent ‘of ab conba
rned io enter this Lown Adjustment Agrennent
this Agreement,
D. Both Borrower and hereby agree thel Sorvicer may, in is apla Bisaietisin] record
‘Servicer
AGREEMENT
hereby agree as follows:
NOW, THEREFORE, 8 orrewer and Servicer
4, NOTE MODIFICATIONS:
} Outstanding Dabt:dhe of stzdazo'30:, shan be icwanedby $0,200,4 the
unpal id principal betatide quis-on tha Nete and, Wopplieable, ang advances (or un i Dr
wer mi ieee thet 1 New.
sanount of 1@ unpaid lndtai ments, interest, tale: ipal Bal ance.ig. asCub ygOF a8 fo BUN
eee tor loa U neilin I prin‘above the aulhenticly
qaxes andicr. raurance pr eHthe sccuraey e
ot the atlega tions conta ined Rectal
‘alanga’),, Borrower agrena te sod Ig the wate y-of theunpal suins, due
ond the New Batsneaintatest aod
‘and validily:of eaclt 66 weyiend veletrRalin
ed (o herein
ca at tho intesalt rate, ‘whether wegjubletie, ‘viviehéa’of Fed, provided. nthe: Note;
wll aggre of th ig New.
‘unings minsified bay tins Agree rmsal
ean o oe one en a
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{b) New payment due # Zjori2048, Sosrower's palmi
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Filing # 75019053 E-Filed 07/16/2018 04:19:51 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA. COUNTY, FLORIDA. CIVIL DIVISION CASE NO. WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, Plaintiff, VS. KEVIN HEISHMAN A/K/A KEVIN MICHAEL HEISHMAN A/K/A KEVIN M. HEISHMAN; WELLS FARGO FINANCIAL BANK, N/K/A WELLS FARGO BANK, NATIONAL ASSOCIATION; KRISTEN DAWN BIAMON FRANKS A/K/A KRISTEN HEISHMAN; FLORIDA HOUSING FINANCE CORPORATION; 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, WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST, sues the Defendants, KEVIN HEISHMAN A/K/A KEVIN MICHAEL HEISHMAN A/K/A KEVIN M. HEISHMAN; WELLS FARGO FINANCIAL BANK, N/K/A WELLS FARGO BANK, NATIONAL ASSOCIATION; KRISTEN DAWN BIAMON FRANKS A/K/A KRISTEN HEISHMAN; FLORIDA HOUSING FINANCE CORPORATION; 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, 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 yenue is otherwise proper pursuantto 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 act as the servicer of the subject note and 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 FDCPA: 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 to 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 (bereinafier the “property”) in Osceola County, Florida, more particularly described in the mortgage attached hereto as part of Composite Exhibit “A”. 8. EXECUTION AND DELIVERY OF NOTE & MORTGAGE: On September 30, 2005, Defendant(s), KEVIN MICHAEL HEISHMAN executed and delivered a promissory note (the “note”) and Defendant(s), KEVIN MICHAEL HEISHMAN and JAMIE HEISHMAN executed and delivered a purchase money mortgage (the “mortgage”), which secures payment of the note, to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ACTING SOLELY AS NOMINEE FOR 2 EQUIFIRST CORPORATION, which mortgage was recorded in the Official Records, Book 2931 at Page 939, of the Public Records of Osceola County, Florida, and which mortgaged the property. The mortgage was subsequently modified in that certain unrecorded Mortgage Modification Agreement, made on August 27, 2014, attached hereto as part of Composite Exhibit “A”. The mortgage was again modified in that certain unrecorded Loan Adjustment Agreement, with an effective date of October 31, 2015, attached hereto as part of Composite Exhibit “A”. The Mortgage has been subsequently assigned pursuant to assignment of mortgage recorded in Official Records Book 5137, Page 1440, of the Public Records of Osceola 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) KEVIN HEISHMAN A/K/A KEVIN MICHAEL HEISHMAN A/K/A KEVIN M. HEISHMAN, own(s) the property. i. DEFAULT & ACCELERATION: The Plaintiff has not been paid the payment due May 1, 2017, and all subsequent payments, which has resulted in a default 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 $129,278.07 that is due as principal on the note and mortgage, plus interest from April 1, 2017, costs, advances and expenses as provided in the note and mortgage. 13. ATTORNEYS FEES: Plaintiff bas obligated itself to pay the undersigned attorneys a reasonable fee for their services herein and is entitled to recover said fees pursuant to the terms of the note and mortgage. INF! R iTS: 4. Defendant, KRISTEN DAWN BIAMON FRANKS A/K/A KRISTEN HEISHMAN, may claim a right of redemption or other homestead interest in the subject property. This interest, if any, is inferior to Plaintiff's mortgage. 15. Defendant, WELLS FARGO FINANCIAL BANK, N/K/A WELLS FARGO BANK, NATIONAL ASSOCIATION, may have some interest or lien upon the subject property arising from a Mortgage recorded in Official Records Book 2693, Page 2531, of the Public Records of Osceola County, Florida. Plaintiff believes that the mortgage was paid in full prior to or simultaneously with the execution of the mortgage being foreclosed. Defendant currently has no right to maintain a lien on the property and any interest, if any is subordinate and inferior to Plaintiff's mortgage. 16. Defendant(s), FLORIDA HOUSING FINANCE CORPORATION, may claim some interest in or lien upon the subject property arising from the mortgage, recorded in Official Records Book 4659, Page 587, of the Public Records of Osceola County, Florida, which interest is inferiorto Plaintiff's mortgage. 17. Defendants, UNKNOWN TENANT NO. | 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 in the subject property, if any, is subject and inferior to the lien of Plaintiff's mortgage. 18. Defendants, ALLL. 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 morigage. 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 rules 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. 6 e) That this Court decree that the lien of the Plaintiffis 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. f) That ail 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 relief in 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 law, if the proceeds of the sale are insufficient to pay Plaintiffs claim. COUNTIT EQUITABLE SUBROGATION 19. Plaintiff re-alleges and incorporates herein paragraphs | through 18 above. 20. This is an action in equity to declare and enforce priority of the Subject Mortgage on the Subject Property, pursuant to the doctrine of equitable subrogation, over which this Court has jurisdiction. 21. On or about September 30, 2005, KEVIN MICHAEL HEISHMAN and JAMIE BEISHMAN, executed a Mortgage with MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 5 ING., ACTING SOLELY AS NOMINEE FOR EQUIFIRST CORPORATION, (the “Subject Mortgage”), on the Subject Property in the amount of $204,000.00. See Composite Exhibit “A”. The Mortgage was recorded on October 15, 2005 in Official Records Book 2931 at Page 939 of the Public Records of Osceola County, Florida. 22. At the time of closing of the subject mortgage loan, the Property was encumbered by the following pre-existing mortgage(s): a) Mortgage dated January 13, 2005-.in favor of WELLS FARGO FINANCIAL BANK, recorded in Official Records Book 2693, Page 2531 of the Public Records of Osceola County, Florida 23. Plaintiff's mortgage is entitled to be equitably subrogated to the interest of the prior mortgage holder and is entitled to a first lien position, superior to the interests of Defendants, by virtue of the fact that a portion of the proceeds of Plaintiff's mortgage was used to satisfy said prior existing mortgage. A true and correct copy of the HUD- 1 Settlement Statement is attached hereto as Exhibit “B”. 24. By equitable subrogation, Plaintiff assumes the status of the owner of said mortgage it satisfied and is entitled to a first lien position, superior to the interest of all Defendants. 25. Plaintiff does not have an adequate remedy at law. 26. As a result of the foregoing, Plaintiff is entitled to equitably subrogate to a first position to the extent funds from the Subject Mortgage were used to purchase the Subject Property, to be declared to have a first position lien on the Subject Property encumbering the Subject Property, superior right to any right, title or interest of any Defendant, or any one claiming by, through or under them; and to any and all such further relief as the Court may deem just and proper. WHEREFORE, Plaintiff requests this Court to enter judgment in its favor for the relief requested above, and for any and all such further relief as the Court may deem just and proper. 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 By: LL.AAA Afb she Sandra A. Little Florida Bar No.: 949892 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: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT ALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST ent Services LLC its Attorney-In-Fact Selve As the: Date: For: Rushmore Loan Management Services LLC 1460-165410 / PAL FAIR DEBT COLLECTION PRACTICES ACT VALIDATION Re: Creditor: WILMINGTON SAVINGS FUND SOCIETY, FSB, D/B/A CHRISTIANA TRUST, NOT INDIVIDUALLY BUT AS TRUSTEE FOR PRETIUM MORTGAGE ACQUISITION TRUST Date: 07/05/2018 Promissory Note and Mortgage dated: September 30, 2005 Debt Owed: As of the date of this verification, you owe $147,391.63. 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 pyrpose. 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. Attorneys 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” Borrower: KEVIN MICHAEL HEISEMAN Property Address: 318 CONNECTICUT AVENUE, SAINT CLOUD, FL 34769 CERTIFICATION OF POSSESSION OF GRIGINAL NOTE sete ae tas ity of pexjury hereby certifies the following: 1 Plaintiff is in possession of the original promissory note upon which this action was brought. 2 The location of the note is in the castody of SHD Legal Group P.A. whose physical address is 499 NW 70th Ave., Suite 309, Fort Lauderdale, FL 33317. 3 I A lta. df, l g personally verified that SHD Legal Group P.A. is in possession of the original note. Name of Verifier: Lutlec ft Liile Tithe: stl gerkieg 4. Possession of the original note was verified on: time: Ye gpate: Ce / LY ao le By: LLL he KE wane: Jpudia of. Cable As the: AY dnd For: +0 SCL Date: & LEE 5. Correct copies of the note and if applicable, all endorsements, transfers, allonges, or assignments of the note are attached to this certification. & statement Teive this personal kKoowlenge. based un my ‘Under penaities of perjury, I declare thet T have read the foregoing Certification of Possession of Original LL le ‘Note and that the facts stated in it are trne. Signature Executed on bf YE STATE OF Florida COUNTY OF Broward The foregoing instrument was acknowledged before me this }4 dayof_ Vine, 2018,by Randers Cae who is/are personally known to me or has/have produced a as identification. mnenithe ASEA NOTARY PHBL AML BECK Print Name: hs aCovin Ger MY COMMISSIO# NGG 178503 1460-165410/ PAL EXPIRES: February 4, 2022 My Commission -5_ i 4 ee BoreiedTH Notaty Pubic2 ~ NOTE ‘ September 30, 2005 Saint Cloud (ate) (City) (State) 318 Connecticut Avenue, Saint Cloud, FL 34769 (Property Address} 1, BORROWER'S PROMISE TO PAY Jn return for a loan that I have received, I promise to pay U.S. $ 204,006.00 (this amount is called "principal"), : plus interest, to the order of the Lender. The Lender is EquiFirst Corporation I will make all payments under this Note in the form of cash, check or money order. Tunderstand 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 will be charged on unpaid principal until the full amount of principal has been paid. 1 will pay interest at a yearly rate of 6.450%. The interest rate required by this Section 2 is the rate I will pay both before a and after any default described in Section 6(B) of this Note. 3, FAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the Ist day of each month beginning on November 1, 2005. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of it’s scheduled due date and will be applied. to interest before principal. If on, October 1, 2035 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "matarity date." Twill make my monthly payments at Equik¥irst Corporation , 500 Forest Point Circle , Charlotte, NC 28273 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. $ 1,282.72 . 4, BORROWER'S RIGHT TO PREPAY (A) Prepayment Ihave 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 I a prepayment, | will tell the Note Holder in writing that I am. doing so, Iff make a partial repayment, there will be no changes in the due date or in the amonnt of my monthly it payment unless the Note Hol (der agrees in writing to those changes. (B) Prepayment Penalty In the event, during the first 3 years after the execution of this Note, | make a prepayment and the prepayment exceeds twenty percent (20%) of the original principal amount ofthe Joan in any twelve (12) month period, I will pay a prepayment charge in an amount equal io siz (6) months’ advance interest on the amount prepaid which is m excess of twenty percent (20%) of the original principal amount of the loan within the tweive (12) month period. The Note Holder will not assess a prepayment penalty after the 3rd anniversary of the date of execution of this Note. Mulitstate Fixed Rate Note-Single Family (EFSN) 2/0 10 sn Version) Loan Numbey Page 1 of 3 waite KL 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is finaly interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, limit: then: (i) any such loan charge shall be reduc ed by the amount necessary to reduce the charge to the permitted to me.The Note and (ii) any sums already collected from me whi ich exceeded permitted limits will be refunded Holder may choose to make this refund by reducing the principal I owe under this Note or by making 2 direct payment fo me. If a refund reduces p: rincipal, the reduction will be treated as a partial prepayment. 6, BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder bas not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a jate charge to the Note Holder. The amount of the charge willbe 5.00% of my overdue payment of principal and. interest. 1 will pay this late charge promptly but only once on each late payment. (B) Default & IfI do not pay the fall amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default TfL am in default, the Note holder may send me a written notice telling me that if I 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 beenp: aid and all the interest that I owe on that amount. That date must be at least 30 days after the dafe on which the notice is mailed to me or delivered by other means. (@) No Waiver By Note Holde Even if, at a time when J am in. default, the Note Holder does not require me to pay immediately in fall as time. described above, the Note Holder will still have the right to do so iff am in default at a later (E) Payment of Note Holder's Costs and Expei Ses: Ifthe Note Holder has required me to pay imme diately 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 plicable law, ‘Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES ‘Unless applicable 1. aw requires a different method, any notice that must be given fo me under this Note willbe 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 I give the Note He ‘older a notice of my different address. Any notice that nmst be given to the Note Hol der under this Note will be given by delivering it or by mailing it Note Holder at the address stated in Section 31 (A) above or a different address ifT am given. by first class mail to the a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE Jf more than one person signs this Note, each person is fully and personally obligatedto keep all of the promis ses 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 all of the promises made in this Note. The Note Holder may enforce its rights under this Note against eachtheperson individually or amounts owed under this of us together. This means that any one of us may be required to pay all of against all Note. 9. WAIVERS of [and any other person who has obligations un der this Note waive the rights of presentment and notice dishonor. "Presentment" means the right to require ‘the Note Holder to demand payment of amounts due. “Notice of ‘been disbonor" means the right to require the Note Hol Ider to give notice to other persons that amounts due have not paid. EFSN Loan Number Page 2 of 3 Initials 4 10. UNIFORM SECURED NOr# to the protections ‘This Note is a uniform instrament with limited variations in some jurisdictions. In addition given to the Note Holder under this Note, a Mortgage, Deed of ‘Lrust or Security Deed (the "Security might result if instrument"), dated the same date as this Note, protec! ts the Note Holder from possible Josses which I do not keep the promises which I make in this Note. ‘That Security Instrument describes how and under what this Note. Some of conditions I may be required io make imme ediate payment in full of all amounts I owe under those conditions are described as follows: Tf all ot any part of the Property or any interest in the Property 18 sold or transferred (or if Borrower is nota natural perst ‘on and a beneficial interest in Borrower is sold or transferred ), without Lender's prior written consent, Lender may requi ire immediaie payment in full of all 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 opt tion, Lender shall give Borrower notice of acceleration. ‘The notice shail provide a period of not less than 30 days from the date the notice is given in accordance with Section15 within which to pay these sums prior to the Borrower must pay all sums secured by this Security Instrament. If Borrower fails expiration of this period, Lender may inv oke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11, DOCUMENTARY TAX this indebtedness. The state documentary tax due to this Note has been paid on the Mortgage securing WITNESS'THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED EM Aate (Seal) (Seal) -Borrowet Kevin Michael Heishman -Borrower (Seal) (Seal) -Borrower -Bonower (Seal} (Seal) -Botrower ~Borrower (Seal) (Seal) -Borower -Borrower EFSN ‘Loan Num Page 3 of 3 ris £21 Note Endorsements Borrower(s) Kevin Michael Heishman Property Address: 318 Connecticut Avenue, Saint Cloud, FL 34769 TT we or ot Fg oa ot ee el ase ES ye Without Recourse, Pay to the Order oft ine. Cif imancial Meriges? Company, é [ Equik' ust dor r ‘ation | . By: giandon Per i gt ident Page 1 of 1 EFS5nendr (7/03) ne Borrower: KEVIN M HEISHMAN Property Address: 318 CONNECTICUT AVENUE, SAINT CLOUD, FL 34769 Original Loan Amount: $204000 Lean Nunber iia NOTE ALLONGE For the purpose of endorsement of the attached Note, this Allonge is affixed and becomes a permanent part of sai 01 Pay to the order oft Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust, not individually but as Trustee for Pretium Mortgage Acquisition Trust =8 Bayview Loan Servicing, LUC by Pretium Mortgage Credit Partners I Loan Acquisition, LP in its capacity as Attorney-in-Fact By: XY fala Name: John Lynch S| Title: Authorized Signatory Alter Recording Retum fo: ‘Bayview Loan Servicing, LLC Aun; Collateral Department 4425 Ponce de Leon Blvd, Sth Fioor Corat Gables, FL. 33146 JSeuee-ayowe This Line Forecast dial: i atin ietneinmert eetaaathegece nue intent mtg LOAN ADJUSTMENT. AGREE! ENT into as of Golober 31. 2015 me ntis made and entered HMAN ‘Ag acive Dato’), by end between, Bayview n This tonin ddjuslment agreo M HEIS (‘Borr ower") . Loan Senicing, LLC, ("Servicer "yang KEVIN ’ RECITALS servicing agent of the holder of thet certain Pidmis Note:fNot") dated 09/90/2095, executed by A, Servicer is the hi older ordeces n-int erest In the orlginal principa l sun of 826) 1 Borrower or Borrower's pre sor-i i6, in the ottglnd principal: Bi The. note eukdontes 4: ‘opr {aeaDeed !) te orrower pt Bertower's! je. The Szouily-tnslroment’ rg ‘yaoi 6 al Trust OF tharig i gacuring moe iheally Geaesived lp Ine gutreh ar tm farsi groates 32 goured Jen of cadHin reat proper r aan documents ne. Loan wre hereiaaner ennectivet Trpteuns hacNole het Setuly Insitemant 2ne. delhe to eedhe Lows Se xi es t: Note to ared Servicnlto efit jsf the abhodule d aro! ization of the at hae, Borfow he retest requested 2g} jjusiment wit benefit C. Due fo adverse ecoriarnls cheuest OULG:eal ine 2 Bervic oy in full and Yn. thn i permit Borrower to ment Pocrowal’s Tien Ih. pe of ihe Loan by Servicer. Accordingly. It Is sad “arty juniet Golde r, ty aubl oing CAgreoman!). Borrower, Service r considered (o be Inthe best inierent ‘of ab conba rned io enter this Lown Adjustment Agrennent this Agreement, D. Both Borrower and hereby agree thel Sorvicer may, in is apla Bisaietisin] record ‘Servicer AGREEMENT hereby agree as follows: NOW, THEREFORE, 8 orrewer and Servicer 4, NOTE MODIFICATIONS: } Outstanding Dabt:dhe of stzdazo'30:, shan be icwanedby $0,200,4 the unpal id principal betatide quis-on tha Nete and, Wopplieable, ang advances (or un i Dr wer mi ieee thet 1 New. sanount of 1@ unpaid lndtai ments, interest, tale: ipal Bal ance.ig. asCub ygOF a8 fo BUN eee tor loa U neilin I prin‘above the aulhenticly qaxes andicr. raurance pr eHthe sccuraey e ot the atlega tions conta ined Rectal ‘alanga’),, Borrower agrena te sod Ig the wate y-of theunpal suins, due ond the New Batsneaintatest aod ‘and validily:of eaclt 66 weyiend veletrRalin ed (o herein ca at tho intesalt rate, ‘whether wegjubletie, ‘viviehéa’of Fed, provided. nthe: Note; wll aggre of th ig New. ‘unings minsified bay tins Agree rmsal ean o oe one en a Monthly Payments, Payme nt Adjus tment s: reothly: principal end Inferes t payme nt will be {b) New payment due # Zjori2048, Sosrower's palmi Effective wih the Borrower's mot nthly escro w payin: ent will be $225. 52 . All nte re coived by Servicer will be credited £654.98 ly . The eslimated month joan. towards amounts due under the {c} New Interest Rao: Borrower's rate of Interobi vik BE 5.2 5% and wall rermate) fixed for the remaining tife of the loan. Hective on. 11/01/2015, (3) Naw Maturity Date: Pago 1 0f3 Loan » AMO11 Modification Agreement Letter Fixed V 1.8 ef uneal id Interest anid 4 pier gums due shall be patd in full, “Tie maluify dete ‘wil be 1910472056; on which date any tsre MENTOF IMPOUNDIESGROW. ARCO eH insurance Yor thie. eplieetor .) of property lexes and40 time. & ES) that it Servicer wil enlobl fesieceneeccieint As 2 ne 0. if Bayz. abyew.BOcoun {fromknowisdges time that the ne if Such eccou rt i ot curently ey Bolr owot funhe r 80 esbiow janof ‘Rorrowers monthly: Note:.in certain states, Impoundiescrow of this analysis, Josvit the eel ify highor thon the pie,-i et hiasher i ene) pared lerigationWater Disiriel). to-B0nd'S) jpecial Assanement: t nt of taxes partairing tor payme ints. d6 nok come NOT? DENCUMBER: or kivalunlanly, of the Property; or a. ace EEMENT ianly ‘agress thal Kwlt. nel valunacum oer. SSueal io lion with respect to,t any ‘upon or with respec Io any of the P' raparty, dntorast): ery party of in any fy cleaie of ‘permits ex et1 -paeuilty otarel end ‘qhe Pranedl fr the bonefit of iiself or ‘Surviears ue amannerell no} Ina tat con famiplatodby {hi Agieemant: 4, (ASSIGNMENT OF LEAS ES AND REI NTS AND RECEIV ERSHIFG. 4g In default snd Borrowers are amended to lnude: ‘the following: ie the jariangement, Borrowers agree | 0 assign and Jafithe town The: éxleting Mertg as 4 ang Nole shallte beprope rty by vikua a jen anvoF y any-o) gendraling day. g10s8 incom e irom of and agreements whelher oF 79) Linwt siting, wer. tr) asteristing ind ‘Atore joquesthe use enjoyment or oecupancy of any part dght i fie andl terest oftedBorro trarsles to Servicerthe its and perta ining .g and ary rent and depos det rived and collec sheratram. ‘affecting Loppalnted recelver or designes, to enter the 3. Benpwervonsent isto the entry by Servi ces, Seryicei’s agent, art ‘appointment it of @ court appointed Regelver in of the premise: wer further consents Io.4 pr jeraises to Collet thse ren g-ond enforce: the leases. Borro fre pean the e loan 18 in Betaul the. aidats; ond condions in the Note andand prior 4) NOOTHER CHANGES: iH 6 Svedtiils, aproainaetsy i mucs io esaur e on a first cora Bacaprs nagressly : H Soetirlipieatennes Fa, sama: unmade force. -and ollecl Tha Senudly 6 an45dtll Hoia..as ipsa i Jone of Burrowel i's chiyations or liabilities shod! ‘shall this Agreementinies ery Wey. iter basis je aind 4 iad.oF ‘be elirisdighti.or ‘praviainnd: (Biri, NOF iher sucti rights or émed arise i in the Sabutiy. : ‘whe x wal mmiaelotely rerider # aul end: vot. opalOF YAoperation‘at any of fo 8 ee of Jaw. Arenas: = sant wih Hinesnei egal te wer sig nin 1k, but by signi ng the below Borrower eaunly signed: In Agrect jygva_ appilaead thoniatves of sori de : a NO.RELIA AOE) CONSTRUCTION‘seciares that, vio to Bap weeiution “at sewnwh. ai the cantante nelof thie Egan ‘of tr pa igs ievant hetelo data I nat ordet that they ralght inve lige ntly exereise their jan ta eich is Agiecrtinnl Is suiiciert, tel ihis Agracmer' (. Barcnwer declares that ah Nish fel got jor 9 thbs: te. execa ie } by repre senta tions nd 10% predicsted on or iniivenced reomerd and wheth er ions ox resuit.of undue influ ence of dur DBS, a et, id Buicc enger s, spra lgy ollie: ements ay Secwe er, oF any ‘other pera ct OF Peany oF any pred