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Filing# 194006488 E-Filed 03/14/2024 10:59:35 AM
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IN lILI. ('IRCUI I COL'R.1 IioK I Ili 17'j
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letl?t) I a\L,h & Inc..
ACC(,ll/ltlng. H RO \VA I< I ) COL N 1 Y
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Plaintiff.
(.'a>e No.
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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
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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
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-X B A
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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
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*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
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JeWI t? Rof m/dc g,i?1
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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
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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
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i3i,..G,
due on this Note hai been p.njon the ?Ioltgage btednej..
thi, i[tdeb
securing
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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
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