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IN THE CIRCUIT OF THE 15th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR PALM BEACH COUNTY
W ells Fargo Bank, N.A., as Trustee for Option
One Mortgage Loan Trust 1999-A Asset-
j a
Backed Certificates, Series 1999-A,
Case #: 50 2008 CA 002209 (AW)
Plaintiff, Division #: AW
-vs.- UNC:
Melissa A. Wise; Unknown Parties in
PY
Possession #1; Unknown Parties in Possession
#2; If living, and all Unknown Parties
claiming by, through, under and against the
CO
above named Defendant(s) who are not
known to be dead or alive, whether said
Unknown Parties may claim an interest as
Spouse, Heirs, Devisees, Grantees, or Other
D
Claimants
Defendant(s).
IE
IF
NOTICE OF HEARING
RT
TO:
CE
MELISSA A. WISE, C/O MIMI K. MCANDREWS, ESQUIRE; WALTON, LANTAFF,
SCHROEDER & CARSON, LLP, 1700 PALM BEACH LAKES BOULEVARD, 7TH FLOOR,
WEST PALM BEACH, FL 33401
A
UNKNOWN PARTIES IN POSSESSION #1 N/K/A ANASTASIA ALVAREGA, 890 SAINT
T
GEORGE STREET, WEST PALM BEACH, FL 33415
O
UNKNOWN PARTIES IN POSSESSION #2, 890 SAINT GEORGE STREET, WEST PALM
BEACH, FL 33415
N
PLEASE TAKE NOTICE THAT PLAINTIFF’S MOTION FOR SUMMARY
JUDGMENT AND REQUEST FOR ATTORNEY'S FEES
shall be called up for hearing before the Honorable Jeffrey Colbath, Judge of the above-styled
Court, in the PALM BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY,
ROOM 4-A, WEST PALM BEACH, FL 33401, at the hour of 3:00 PM, on August 12, 2008, or
soon thereafter as counsel may be heard.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEED ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST
TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT PALM
BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH,
FL 33401 WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OF
HEARING: IF YOU ARE HEARING IMPAIRED CALL: 1-800-955-8771; IF YOU ARE
VOICE IMPAIRED CALL: 1-800-955-8770
PY
CERTIFICATE OF SERVICE
CO
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Hearing was
mailed on day of , 2008 to the above named addressee(s).
D
IE
By:____ TAT____
JANICE PlXBUYA
IF
FL Bar #0029413
RT
SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff
2424 North Federal Highway, Suite 360
CE
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: (561) 998-6707
A
08-090097
This is an attempt to collect a debt and any information obtained will be used for that purpose.
T
O
N
IN THE CIRCUIT OF THE 15th JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR PALM BEACH COUNTY
W ells Fargo Bank, N.A., as Trustee for Option
One Mortgage Loan Trust 1999-A Asset-
Backed Certificates, Series 1999-A,
Case #: 50 2008 CA 002209 (AW)
Plaintiff, Division #: AW
-vs.- UNC:
Melissa A. Wise; Et.Al.
PY
Defendant(s).
CO
MOTION FOR SUMMARY JUDGMENT
COMES NOW the Plaintiff, Wells Fargo Bank, N.A., as Trustee for Option One
D
Mortgage Loan Trust 1999-A Asset-Backed Certificates, Series 1999-A, pursuant to Fla.R.Civ.P.
IE
1.510, and moves this Court for the entry of a Summary Judgment of Foreclosure, and in support
IF
thereof would state as follows:
RT
1. There is no genuine issue of material fact and the Plaintiff is entitled to the entry
of a Summary Judgment of Foreclosure as a matter of law.
CE
2. That under Florida Law when a mortgage contains an acceleration clause, upon
A
breach of a mortgagor's covenant to make the required payments, a mortgagee may sue to
foreclose the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135
T
O
So. 510, (1931).
N
3. That one purpose of a foreclosure is to subject the security to the payment of the
obligation involved. Bobby Jones Garden Apartments v. Connecticut Mutual Life Insurance,
202 So. 2d. 226 (Fla. 2d D.C.A. 1967).
4. That the institution of a foreclosure suit is the exercise of a mortgagee's option to
declare the remaining principal sum and interest due there on. Kreiss Potassium Phosphate Co. v.
Night, 98 Fla. 1004, 124 So. 751 (1929).
5. That a mortgagee has a right to accelerate upon default in conditions of the
security agreement, such as payment of interest, installments of principal, taxes and insurance.
Clark v. Lachenmeier, 237 So. 2d 583 (Fla. 2d D.C.A. 1970).
PY
6. That an acceleration clause in an installment note and mortgage confers a contract
right on the note and mortgage holder which holder may elect to invoke upon default and to seek
CO
enforcement, thereof. Federal Home Loan Mortgage Corp, v. Taylor, 318 So. 2d 203 (Fla. 1st
D.C.A. 1975).
D
7. IE
The mortgage of the plaintiff is a purchase money mortgage being a lien superior
in dignity to any prior or subsequent right, title, claim, lien or interests arising out of mortgagor
IF
or the mortgagor's predecessors in interest. Sarmiento v. Stockton, Whatley, Davin & Company,
RT
399 So. 2d 1057(3 D.C.A. 1081).
CE
8. Attached hereto and made a part hereof are affidavits in connection with this
motion.
A
WHEREFORE, the Plaintiff moves this Court for the entry of Summary Judgment of
T
Foreclosure.
O
CERTIFICATE OF SERVICE
N
THIS IS TO CERTIFY that a true and correct copy of the foregoing Motion for Summary
Judgment and all supporting affidavits were mailed to the following on | Lf) day of
bAa , 2008 to wit:
MELISSA A. WISE, C/O MIMI K. MCANDREWS, ESQUIRE; WALTON, LANTAFF,
SCHROEDER & CARSON, LLP, 1700 PALM BEACH LAKES BOULEVARD, 7TH FLOOR,
WEST PALM BEACH, FL 33401
UNKNOWN PARTIES IN POSSESSION #1 N/K/A ANASTASIA ALVAREGA, 890 SAINT
GEORGE STREET, WEST PALM BEACH, FL 33415
UNKNOWN PARTIES IN POSSESSION #2, 890 SAINT GEORGE STREET, WEST PALM
BEACH, FL 33415
By:
JANICE
FL Bar #0029413
PY
SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff
2424 North Federal Highway, Suite 360
CO
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: (561) 998-6707
D
08-090097
This is an attempt to collect a debt and any information obtained will be used for that purpose.
IE
IF
RT
CE
A
T
O
N
Preview
IN THE CIRCUIT OF THE 15th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY W ells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 1999-A Asset- j a Backed Certificates, Series 1999-A, Case #: 50 2008 CA 002209 (AW) Plaintiff, Division #: AW -vs.- UNC: Melissa A. Wise; Unknown Parties in PY Possession #1; Unknown Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the CO above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other D Claimants Defendant(s). IE IF NOTICE OF HEARING RT TO: CE MELISSA A. WISE, C/O MIMI K. MCANDREWS, ESQUIRE; WALTON, LANTAFF, SCHROEDER & CARSON, LLP, 1700 PALM BEACH LAKES BOULEVARD, 7TH FLOOR, WEST PALM BEACH, FL 33401 A UNKNOWN PARTIES IN POSSESSION #1 N/K/A ANASTASIA ALVAREGA, 890 SAINT T GEORGE STREET, WEST PALM BEACH, FL 33415 O UNKNOWN PARTIES IN POSSESSION #2, 890 SAINT GEORGE STREET, WEST PALM BEACH, FL 33415 N PLEASE TAKE NOTICE THAT PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND REQUEST FOR ATTORNEY'S FEES shall be called up for hearing before the Honorable Jeffrey Colbath, Judge of the above-styled Court, in the PALM BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY, ROOM 4-A, WEST PALM BEACH, FL 33401, at the hour of 3:00 PM, on August 12, 2008, or soon thereafter as counsel may be heard. IF YOU ARE A PERSON WITH A DISABILITY WHO NEED ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT PALM BEACH COUNTY COURTHOUSE, 205 NORTH DIXIE HIGHWAY, WEST PALM BEACH, FL 33401 WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE OF HEARING: IF YOU ARE HEARING IMPAIRED CALL: 1-800-955-8771; IF YOU ARE VOICE IMPAIRED CALL: 1-800-955-8770 PY CERTIFICATE OF SERVICE CO I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Hearing was mailed on day of , 2008 to the above named addressee(s). D IE By:____ TAT____ JANICE PlXBUYA IF FL Bar #0029413 RT SHAPIRO & FISHMAN, LLP Attorneys for Plaintiff 2424 North Federal Highway, Suite 360 CE Boca Raton, Florida 33431 Telephone: (561) 998-6700 Fax: (561) 998-6707 A 08-090097 This is an attempt to collect a debt and any information obtained will be used for that purpose. T O N IN THE CIRCUIT OF THE 15th JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY W ells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 1999-A Asset- Backed Certificates, Series 1999-A, Case #: 50 2008 CA 002209 (AW) Plaintiff, Division #: AW -vs.- UNC: Melissa A. Wise; Et.Al. PY Defendant(s). CO MOTION FOR SUMMARY JUDGMENT COMES NOW the Plaintiff, Wells Fargo Bank, N.A., as Trustee for Option One D Mortgage Loan Trust 1999-A Asset-Backed Certificates, Series 1999-A, pursuant to Fla.R.Civ.P. IE 1.510, and moves this Court for the entry of a Summary Judgment of Foreclosure, and in support IF thereof would state as follows: RT 1. There is no genuine issue of material fact and the Plaintiff is entitled to the entry of a Summary Judgment of Foreclosure as a matter of law. CE 2. That under Florida Law when a mortgage contains an acceleration clause, upon A breach of a mortgagor's covenant to make the required payments, a mortgagee may sue to foreclose the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135 T O So. 510, (1931). N 3. That one purpose of a foreclosure is to subject the security to the payment of the obligation involved. Bobby Jones Garden Apartments v. Connecticut Mutual Life Insurance, 202 So. 2d. 226 (Fla. 2d D.C.A. 1967). 4. That the institution of a foreclosure suit is the exercise of a mortgagee's option to declare the remaining principal sum and interest due there on. Kreiss Potassium Phosphate Co. v. Night, 98 Fla. 1004, 124 So. 751 (1929). 5. That a mortgagee has a right to accelerate upon default in conditions of the security agreement, such as payment of interest, installments of principal, taxes and insurance. Clark v. Lachenmeier, 237 So. 2d 583 (Fla. 2d D.C.A. 1970). PY 6. That an acceleration clause in an installment note and mortgage confers a contract right on the note and mortgage holder which holder may elect to invoke upon default and to seek CO enforcement, thereof. Federal Home Loan Mortgage Corp, v. Taylor, 318 So. 2d 203 (Fla. 1st D.C.A. 1975). D 7. IE The mortgage of the plaintiff is a purchase money mortgage being a lien superior in dignity to any prior or subsequent right, title, claim, lien or interests arising out of mortgagor IF or the mortgagor's predecessors in interest. Sarmiento v. Stockton, Whatley, Davin & Company, RT 399 So. 2d 1057(3 D.C.A. 1081). CE 8. Attached hereto and made a part hereof are affidavits in connection with this motion. A WHEREFORE, the Plaintiff moves this Court for the entry of Summary Judgment of T Foreclosure. O CERTIFICATE OF SERVICE N THIS IS TO CERTIFY that a true and correct copy of the foregoing Motion for Summary Judgment and all supporting affidavits were mailed to the following on | Lf) day of bAa , 2008 to wit: MELISSA A. WISE, C/O MIMI K. MCANDREWS, ESQUIRE; WALTON, LANTAFF, SCHROEDER & CARSON, LLP, 1700 PALM BEACH LAKES BOULEVARD, 7TH FLOOR, WEST PALM BEACH, FL 33401 UNKNOWN PARTIES IN POSSESSION #1 N/K/A ANASTASIA ALVAREGA, 890 SAINT GEORGE STREET, WEST PALM BEACH, FL 33415 UNKNOWN PARTIES IN POSSESSION #2, 890 SAINT GEORGE STREET, WEST PALM BEACH, FL 33415 By: JANICE FL Bar #0029413 PY SHAPIRO & FISHMAN, LLP Attorneys for Plaintiff 2424 North Federal Highway, Suite 360 CO Boca Raton, Florida 33431 Telephone: (561) 998-6700 Fax: (561) 998-6707 D 08-090097 This is an attempt to collect a debt and any information obtained will be used for that purpose. IE IF RT CE A T O N