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  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
  • Victory Taxes & Accounting Inc Plaintiff vs. Julius Boros DefendantReal Prop NonHomestead Res Fore =/>$250K document preview
						
                                

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Filing# 194006488 E-Filed 03/14/2024 10:59:35 AM ' IN lILI. ('IRCUI I COL'R.1 IioK I Ili 17'j Jlll)1(.LAI.(.LIU'l.11 [N .\NI) f.(DK \ letl?t) I a\L,h & Inc.. ACC(,ll/ltlng. H RO \VA I< I ) COL N 1 Y I . I' [,( ) 1< I DA Plaintiff. (.'a>e No. /I kdlu.; 13??ro:. Defendant. VERIFIED CONIPI.AINT TO FORECI.OSE MORTGAGE Plaintiff. VICTORY TAXES & ACCOUNTING, INC.. by and through the undersignedcounsel, hereby files this Complaint and sues Defendant. JULIUS BOROS, and allegesas follows: COUNT 1: MORTGAGE FORECLOSURE 1. This is an action to foreclose a Mortgage on real properly located in Broward County, Florida described as: LOT 26, BLOCK 27, OF CORAL RIDGE ISLES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 45, PAGE(S) 47, OF THE I PUBLIC RECORDS OF BROWARD COUNTY, FLORIDA. 1 a/k/a 1460 NE 56 Court, Fort Lauderdale. FL 33334 2. This Court has jurisdictionover the subject matter herein. 3. On or around September 28, 2020, JULIUS BOROS executed and delivered a A copy of the Note attached hereto as Exhibit A". promissory note (the "Note'). is 4. On or about September 28.2020. JULIUS BOROS executed and delivered a mortgage securing payment of the Note to VICTORY TAXES & ACCOUNTING, INC. (the 'Mortgage"). A copy of the Mortgage was recorded on September 30,2020. as Official Records Instrument Number 116766708. of the Public Records of Broward County, Florida and encumbered the A property described in the mortgage ("the Property"). copy of the Mortgage ts attached hereto as Exhibit "B". .\ *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/14/2024 10:59:33 AM.**** 5. l he ih a lien Illi)!lgage oi' l'1:1111till superiorin dignityto any prioror sul?eqlicntright. ttlle. elaml. lien or interest arisingout of the motlgagor(s) or the mortgagor(%)'predecessor(s)in ] ntet-6 t. 6. The Plaintiff is the owner and holder of the Note secured by the Mortgage and i. entitled to foreclosure pursuant to Florida Statute 673.3011(1). 7. JUL]US BOROS is the current owner of the real property which is the subject of the Mortgage. 8. Defendant, JULIUS BOROS have defaulted under the Note and Mortgage by failing to pay the balloon payment due on October ]. 2023, and all subsequentpayments. 9. Plaintiff declares the full amount payable under the Note and Mortgage to be due, except to the extent any part of that amount is or would be subjectto astatute of limitations defense. 10. De fendant(s) owe Plaintiff S3 I 5,000.00 that is due and owmg on principalon the note and mortgage, plus interest from and after October 1, 2023, anc! title search expenses for ascertaining to necessary parties this action, pursuant to the documents attached, except for those defendants who have been discharged in bankruptcy. 11. in order to protect its security,Plaintiff may have advanced and paid Ad Valorem 7 axes. premiums on insurance required by the mortgage and other necessary costs. or may be required to niake such advances during the pendency of this action. Any such sum(s) so paid will also be due and owing to the Plaintiff. 12, All conditions precedent to the acceleration of this Note and to foreclosure of the Mortgage have occurred, been satisfied or been waived. 13. Plaintiffis obligatedto pay its attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys'fees pursuant to the express terms of the Note and Mortgage. 14. Plaintiff allegesthat the claims of the remaining Defendants are secondary, junior. inferior a nd subject to the pnor claim of Plaintiff, \\ IIEREFORI-i. the Plaintiff demands.iudgment foreclosingthe moi-tgage. for coit? (and uhen applicable for attorneys'fees) and. if the proceeds of the sale are msuflicient to pay Plaintiffs judgment. Requcst that subjectto any applicablestatlltc of hmitations. that claim. a deficiency the Court ascertain theamountdue to Plaintitl' and forprincipal interest on the mortgage and Note and for late taxes. expenses and abstracting. cliarges. co?ts. including attorneys fees. plus interest thereon: that if the sums due Plaintiff under the Mortgage and note are not paid immediatel>.the Court foreeloie the Mortgage and the Clerk of the Court sell the Propertysecuringthe indebtedness to satisfyPlaintiffs mortgage lien in accordance with the provisions of Florida Statutes §45.031 title and interest of any Defendant, or any party claiming by. through,under (2011): that the rights. or against any Defendant named herein or hereinafter made a Defendant be fores'er barred and foreclosed: that the Court appoint a receiver of the Property and of the rents. issues. income and profitsthereof. or in the alternative. order sequestration ofrents, issues. income and profitspursuant to Florida Statutes §697.07 (2006); and that the Court retain jurisdictionofthis action to make any and all further orders an judgments as may be necessary and proper. includingthe issuance of a writ of possessionand the entry of a deficiencyjudgment decree, when and if such deficiency decree shall appear proper. if borrower(s) has not been dischargedin bankruptcy Marc Brown, PA. 6400 N. Andrews Ave., Ste 510 Fort Lauderdale, FL 33309 rel: (954) 566-5678 Fax: (954) 566-4560 \larug'mat-cbrownpa.coin Iiy: /s/MARC BROWN. ESQ. Marc Brown Florida Bar No. 30077 Attorney for Plaintiff --- --- 1'1.Rll;101'111)N l 'ilder I,eti,ilt> I Declare that ] (>t'?,eljlln'. have 1-cad the and the foregoing. facts allegedtherein ai-e true and correct to the best ofmy knowledge and belief. I.\ecuted on this ZSCiaYOLJC/17 .2024 By: Ljll Name: STLIilj/S 335172533&TT Title:: CVNT,FTY 1 t -X B A j l INTEREST ONLY PROMISSORY NOTE September 28,2020 5318.000.00 Fort Broward County, Florida Lauderdale, UOU;trtt?Jltt'Z :2 ;:3??L:L order of Victo,yTnze,i & AccountingInc., * Florida Z ? ?F'*122*Efi)3&,33??b-%)3-Qf 14e fre; U?,Y'Sf tre? '.t 3:=o=,=5 fo*y?rim:?atsnbif?iEFF ?.r?n"dn?Od?led??p??fF(T=au ??ae????i??:?l?,wntte Zlau.{tt=UZ?Ei.if,J,?EFF *Jrornott???ar?mat Moni.ismmci. Amcrica, on the date and inthe be due and payable jhall interest DTOI.Gc???n???WEIAQI.JW-6.79. a pa> [nent of anjl pnncipal 2.?,S:?GLS.?:?i'3' rep..e.?ny ??els. J',IMNy'Z'U'U;U'?te=0=IUC' P?GJ?35.?'.t:?E.-f:.?. baian:/,tlie.Jh?:r time the remainingpnncipal and the of accmed interest, to the payment !0 late if any, t?cn CG;P.Y.TM.Li;.INA;iUI'..M. shallbe first applied charges, Cl'.Erocg balance remaining, if any. be.Ali;G shlil at any time priorro : maturity whgle or in Part, K jthout penalty, rhls note may be prepaid, in d,ik herei m.,c/,#,2 hr m a purchase m oney rr,or,ga44 ('f e; e,? i!},. intercst is sccured by 1?? of no?: t.r-U (?Eh &'I.en - MM ,??rrtir.h....' 7P:J.ee 1i,i, t.j i? Pic Mit' Ij :ut til mm , !}ie l,n(' < l uccirJ,n' k, N 5 J.?>J. th2 alc .r '.'::- JeWI t? Rof m/dc g,i?1 i a. ihulr N n Jr i,i th/ M.M? . t n HM 1/, en r Mti, become due NIJ Iu>''ble Is il,nt, 'nJ it Inch w'ithuut notice at .1 I.iterlm,etor the at the ?,pti.inot' Ihe ht.ider., J. J:,k-ic,! .h?Jl al ence :o exereire the *.,me of ?he right m sun: an,f Jccfucd ,i Iate a or the due date shall include j t fibre prlnc,p. ,? ,ill not #on.tilute ,?],er r,i C I:r:I,C [jlj, 4?pIJO!] ,,1!hin IO A>s ot :ih Na[c J-Jiture rtce?ed ls pla:cdin tlk haijd. del.iu!1- An> p,L?ment not and i thc swne or Aa ,uie' jub.< ,gucnt cnt o fdefault in Ue Mmdthis b.tn)e de.Cudt Charge nf.:? . i, f the p,A .M mm in Ihc '? ofcollection, to pay ul?co,ts including a reayonableuttome>'s' tee me undersigned jb,- coj l:c fv,in. hereb>agree art> arrorne# of Ilonpa>Tn en ' and di>!ionor. ic ' fur r,J> mem, protest,and notxc .Maker> 1* Mi e dema.'@J. pr:5:ntn i --- , JLBQ. I i3i,..G, due on this Note hai been p.njon the ?Ioltgage btednej.. thi, i[tdeb securing J jJr )1.,Ir fj[,L LJIJ,rnl ao uix -r. JX --B B I i I I i 1 I Instr# 116766708 Page 1 of 2, Recorded 09/30/2020 at 03:58 PM , Broward County Commission Mtg Doc Stamps: $1113.00 I nt Tax: $636.00 prepared b.y and return to Chad Mune), Esq. Clark & Muney PLLC 2-100 E.C'ommerctal Blvd. #820 Fort Lauderdale, FL 33308 (954) 776-3800 File Number 20-4848 Will Call No ISpace Above l his Line For Recording Datal -- MORTGAGE This Indenture, Made this September 28.2020 by and bem een Julius Boros whose address is 1460 NE 56th Court, Fort Lauderdale, 33334, hereinafter called the Mortgagor, and Victory Taxes & Accounting Inc., a Florida FL Corporation whose address is 7971 NW 20th Court, Fort Lauderdale, FL 33334, hereinafter called the Mortgagee lhe kfms "Mortgagor" and "Mortg,igcc" shall include heirs, personal i:prescnlativcs, successors. legal rcprcselitat,v's and assigns. i and shall d:no[e Ihe sirlgi;Iarand of the plural.and tbe mascuhnc and/or the femimne and natural and/or artificial persons. whenever and ,ihercver the cr,nkrt 50 admit. or requires Witnesseth. that the said Mortgagor, for and in consideration of the aggregate sum of Three Hundred Eighteen Thousand and DO/B)0 ($318,000.00), receipt of which is hereby acknou ledged, does grant, bargain and sell to the said Mortgagee, his successors and assigns, In fee simple, the followingdescribed land, situate, lying and being in Broward County. Florida, to- Wil Lot 26, Block 27, CORAL RIDGE ISLES, according to the plat thereof as recorded in Plat Book 45, Page 47, Public Records of Broward County, Florida. And the said Mortgagor does hereby fullywarrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever 1 Provided always, that if said Mortgagor, his successors or assigns, shall pay unto the said Mortgagee, his successors or assigns, that certain promissor> note, of even date herewith executed by Mortgagor In favor of Mortgagee, and Mortgagor ' shall perlorrn,comply with and abide by each and every stipulation,agreement, condition and covenant of said promisson costs and expenses note and of this mortgage, and shall duly pay all taxes, all insurance premiums reasonably required, all incur m collecting money secured by this mortgage, and also in including reasonable attorneys fees that Mortgagee may I and the estate Iiereby created shall cease and be null and enforcing this mortgage by suit or otherwise, then this mortgage void i 1 Mortgagor hereby covenants and agrees i I To pay the principal ancl interest and other sums of money payable by virtue of said promissoi> note and this mortgage, or either, promptly on the da>s respectivelythe same severallycome due 2 To keep the buildingsnow or hereafter on the land insured for fire and extended coverage in a sum at leasr equal to the amount owed on the above described promlssoiy note, and name the Mortgagee as bs payees, and to funush 11<,Irgdg:e i, ith copies of the with a copy of all current policies If Mortgagor does not provide Mortgagee policies showing then Mortgagee may pll,chax such msuran:e and Mortgagee as loss payees after 14 days written demand by Mortgagee. shall add any payments made for such policy to the principalbalance (,wed un the ml,rtgage. and su,h p.1> ments *h.111 avenue interest at the maximuin rate of interest allowed by li In the event any sum of i Iill,V money becoines pa>.ib!e under i 'Jch pohcy, Mortgagee, his legal representatives or asstgns, shall have the option to recei; e and appl> the bjm: 01! account of thc indebtedness liereby secured or to pemiit Mortgagor k, receive and ilse it or an> part thereot fui rep,t,i or ulldel or b> of this mortgage replacement, wttlluut hercby waivlng or Mp.?irmg any equit>J,lien or riglit vlrtlte In the c?ent Of I{,Sb Mortgagor shall give immediate notxe to Mortgagee I L.-- *- -- 1:istt# 11(,,'(.c,?,'l'A . Paqe .' of 2, E,Id of- I)0(:itine,il '?M'i' nri 'IH'I lir 511MnuH