Preview
3/31/2017 4:32 PM Filed Lee County Clerk of Court
Dreurt
IN THESSGQNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
LEE COUNTY, FLORIDA CIVIL ACTION
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Plaintiff(s)
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Defendant(s)
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COMES NOW the Plaintiff, Defendant ayid moves this Honorable Court for/to:
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Dated: Marek i 20/7
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Form 291-101 Rev. 1/16
I Dennis MacFarlane, Defendant, ask the Honorable Court to consider
my defense with regard to Wells Fargo standing order to foreclose on
my property. This is my honest and sincere attempt to support my
position with facts regarding plaintiff's noncompliance to protocol by
providing legal and factual information to the court and state as follows:
1. Defendant requests that the Honorable Court deny Plaintiff to
show proof of loan #3876282 with a lost note affidavit due to
conflict with payment history, the principle loan amount, and
the submission of an obsolete mortgage agreement from 1996 in
current foreclosure motion.
Defendant requests copies of all subsequent mortgage agreements
following the 1996 agreement to clarify the discrepancies in
principle loan amount.
i
1
Defendant requests a complete payment history from the
payment start date of January 1, 1997 since Plaintiff has
referenced this loan agreement, dated November 22, 1996
as a valid source for accounting purposes. Recently a
letter was sent stating that payments were 7 months in arrears
when, for example, a payment was made with a Wells Fargo
confirmation #, withdrawn from my account, and documented
on plaintiff's mortgage payment history journal.
Defendant is requesting a payoff amount at this time since their
have been multiple amounts documented by plaintiff.
Defendant wishes to be removed from the foreclosure status and
provided a fair and just opportunity to resolve this clouded state
of circumstances as documented in the attached TIME LINE.
Defendant wishes to be indemnified and held harmless for any
fees or legal costs charged to loan #3876282 as a result of
the confusion with multiple department delays and inaccurate
record keeping.
|
Defendant requests that he be allowed to pursue his rights
according to letter from plaintiff dated March 4, 2017 for Wells
Fargo Workout Consideration options or any other available
assistance to clear the cloud a confusion with loan #3876282.
Currently I am unable to talk directly to plaintiff and was told that
}
I was unable to speak to them and needed a lawyer or to contact
a Wells Fargo lawyer.
8. See attached Time Line to help outline series of events that have
been detrimental to the reconciliation of this action and my future.
TIME LINE
The following Time Line has been provided for the Honorable
Court to review with supporting documentation for legal
reference. This is a simplified version of some of the numerous
directions the plaintiff, Wells Fargo, has been misguiding me. I
have great concern and doubtias to the viability of the record
keeping accuracy of the plaintiff.
July 24, 2016 Notification from WF for updated Record
of Title information was required.
August 19,2016 Assigned to a WF Home Mortgage
Preservation Specialist for modification.
September 2016 monthly payment of $1,678.84 on
10/13, WF Confirmation#1013569349.
October 5, 2016 Received a Loan Modification Agreement.
1 contacted plaintiff regarding corrections and the
appointment for the final agreement to be notarized
was missed. 1
!
November 22, 2016 Re¢eived a letter from plaintiff stating
an inaccurate arrears total of 7 months.
payments were not accounted for {see example
provided in September 2016 monthly payment).
Prior
December 9, 2016 Assigned to another WF Home Mortgage
Preservation Specialist for modification.
December 9. 2016 Loan file was referred to plaintiff's
attorney.
December 12, 2016 Letter received from plaintiff's
i
attorney.
January 11, 2017 Foreclosure served (filed 1/3)
January 12,2017 Received Short Sale eligibility letter from
random department that I never considered or was
technically eligible for because of equity position
January 12, 2017 Received Short Sale confirmation letter
from plaintiff that I never was aware of.
February 2, 2017 As per my specialist, I faxed a request to
be removed from the Short Sale status.
February 10,2017 Plaintiff sends confirming letter for the
removal of my loan from the Short Sale status.
March 3, 2017 Letter was received from plaintiff offering
me options from the WF Borrower Counseling
Program.
e Supporting documentation for the above Time Line statements
are attached for review by the Honorable Court.
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Page 2 of 2
Account Information
Loan number: 3876282
Property address: 24761 Lyonia Ln
Bonita Spring FL 34134
O Copies of the trust documents -- if the property is in a trust
(X) Provide one of the following documents if owners on the title do not match the owners listed on
the Security Instrument (Deed of Trust):
¢ Divorce Decree and all documentation related to real property
. Certificate of Death |
1
. Marriage license
O Provide one of the following documents needed to verify name change since origination
. Divorce Decree and all documentation related to real property
. Certificate of Death
. Marriage license
. Decree changing name issued by the court
required documentation by 07/24/16, please contact m
You can send all required documents by fax to: 1-86 6-590-8910. If you're unable to send us the
e immediately. If you do not return the requested
documents within the stated timeframe it may result in your modification being cancelled.
If you have questions about the information in this letter, please call me at the number below.
Sincerely,
TAMIA MONIR
LAMIA MONIR
Home Preservation Specialist
Wells Fargo Home Mortgage
Ph: 1-877-458-8419 ext. 1335520579
Fax: 1-866-590-8910
Enclosure
* A subordination agreement is a legal document put in place when a home has two liens, and determines which lien takes priority over the
other. The benefit of being in the first lien position is that it prioritizes the loan for repayment in the event the homebuyer goes into default.
This agreement is typically put into effect when a homeowner tries to refinance or modify their first mortgage. When a homeowner chooses to
refinance or modify the first mortgage, the second mortgage automatically moves up to the first mortgage position - upsetting the original order.
In order for the refinance or modification to be finalized, the lender of the second mortgage must agree to subordinate their lien.
Where appropriate, Wells Fargo Home Mortgage is required to inform you that, as your account servicer, we are attempting to collect a debt and
any information obtained will be used for that purpose. However, if you are a customer involved in an active bankruptcy case or you received a
discharge in a bankruptcy case where the account was not otherwise re ed or excepted from discharge, then this notice is being provided to
you for informational purposes only, and this is not a bill or a request for p ent as to any such customer(s).
‘We may report information about your account to credit reporting agenci | Late payments, missed payments, or other defaults on your account
maybe reflected in your credit report.
Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N. A. © 2016 Wells Fargo Bank, N. A. All rights reserved. NMLSR ID 399801
HP404 685 0248
Wells Fargo Home Mortgage Page 1 of 2
Return Mail Operations
PO Box 10368
Des Moines, IA 50306-0368 ere :
iv.N ste 6) BUCOITUNET-e3 95
Important Information
June 24, 2016 Online: wellsfargo.com
Fax: 1-866-590-8910,
Telephone: 1-866-234-8271
Hours of operation: Mon - Thurs, 7 am. -9 p.m,
Fri, 7am. -8 p.m.,
Sat, 8 a.m.-4 p.m, CT
Correspondence: PO Box 10335
DENNIS MACFARLANE Des Moines, LA 50306
PATRICIA MACFARLANE,
761 LYONIA LN Loan number: 3876282
Property address: 24761 Lyonia Ln
BONITA SPRINGS, FL 34134 Bonita Spring FL 34134.
Subject: Important documents are needed to complete your modification
Dear Dennis Macfarlane & Patricia Macfarlane:
We're writing to let you know that we found a title issue(s) with your property that needs to be resolved
in order to complete your modification. We’ve enclosed:a copy of the property title report for your
review.
Important note
You must continue making your trial period payments ¢ach month as we work with you on this matter.
We will advise you when we can move forward with a fihal modification or if you’re no longer eligible for
a modification. :
i
What you need to do
Please complete the following by 07/24/16.
1. Fill out, sign, and return the enclosed required documents:
O Statement of Information Form
( Authorization to Release Information Form
By signing and returning the attached Authorization to Release Information form, Wells Fargo
Home Mortgage can work on your behalf to obtain a subordination agreement*. If we don't receive
a signed copy of this form from you, we'll contact you with instructions on how you can obtain the
original subordination agreement and how to send it to us.
Q Same Name Affidavit (Please note: This document must be notarized.)
2. Send us the additional required documents listed below that are not enclosed:
Please review each bullet carefully and send only the documents that are checked.
To clear any judgments and/or liens shown on the attached title report, please provide the
following checked documents:
(X) Notice of Release of Mortgage or Discharge of Judgment/Lien
Q Recorded Discharge of Mortgage/Satisfaction of Record
To ensure proper ownership, please provide the fdllowing checked documents:
HP404 685 0248
Page 1 of2
Wells Fargo Home Mortgage
Return Mail Operations
PO Box 10368
Des Moines, IA 50306-0368 AD es) foe
VYNStEI8) oe
Account Information
August 19, 2016
Fax: 1-866-590-8910
‘Telephone: 1-800-416-1472
Correspondence: PO Box 10335
Des Moines, IA 50306
DCMLICDTMH 009385 Hours of operation: Mon - Thurs, 7 a.m. - 9 p.m.,
ele ee ete tha Fri, 7a.m. - 8 p.m.,
Sat, 8 a.m. - 4 p.m.,CT
Ee
DENNIS MACFARLANE
PATRICIA MACFARLANE Loan number: 3876282
24761 Lyonia Ln
0
2 761 LYONIA LN
Bi INITA SPRINGS, FL 34134
Property address:
Bonita Spring FL 34134
Subject: A new specialist dedicated to helping you |
|
i
Dear Dennis Macfarlane & Patricia Macfarlane:
I'd like to take this opportunity to introduce mys elf, My name is DEVON
JOHNSON and I’m writing to
e home preservation
let you know that going forward, I will be your hew Wells Fargo Home Mortgag
specialist.
ted home preservation
Previously, another specialist was assisting you, and now ‘ll serve as your dedica helping you through
and
specialist. In this role, I will be your primary contact, work ing closely with you h the process and
every step of the mortgage assistance process. I’ m committe d to helpin g you throug
making it the best experience possible. That’s why I we come your feedbat ck
at any point -- whether it’s to
not able to help you with.
share something positive, or if you have concerns withi something that I was
Just let me know, and I'll be happy to put you in touc! with my manager.
How to send documents to me
secured website.
You have the option to send information to me eit her by fax or by our
« By fax: 1-866-590-8910, please include your loan number, p rimary
number, secondary number and
the date on all documents you send.
. By website: wellsfargo.com/modification, please include your loan number
, primary number,
secondary number and the date on all documents you send.
and next steps. I’m here to
You can count on me to keep you well- informed about your loan, the process, with any questions
help you in any way I can, Please feel free to contact me at the number listed below,
you may have along the way.
g with you.
I'm pleased to have this opportunity to help you, and look forward to workin
Sincerely,
DEVON JOHNSON
DEVON JOHNSON
Home Preservation Specialist
HPO12 685 0258
Page
2 of 2
Account Information
Loan number; 3876282
Property address: 24761 Lyonia Ln
Bonita Spring FL 34134
Wells Fargo Home Mortgage
Ph: 1-877-458-8418 ext. 1335427215
Fax: 1-866-590-8910
Where appropriate Wells Fargo Home Mortgage is required to inform you that, as your account servicer,
we are attempting to collect a debt and
any information obtained will be used for that purpose.
payments, missed payments, or other defaults on your account
We may report information about your account to credit reporting agencies, Late
may be reflected in your credit report.
contact
order to assist you with this request, we mustbe able to
Please note: this letter is being sent in response to your request for assistande. In waived for these purposes. If this is incorrect, please contactus
you. Therefore, any previous request to cease communica tion wi ith you has been
immediately.
reserved. NMLSR ID 399801
Wells Fargo Home Mot rtgage is a division of Wells Fargo Bank, N. A. © 2015 Wells Fargo Bank, N. A. All rights
HP012 685 0258
This Document Prepared By:
DEVON JOHNSON
WELLS FARGO BANK, N.A.
3476 STATEVIEW BLVD, MAC# X7801-03K
FORT MILL, SC 29715
(800) 416-1472
When Recorded Mail To:
FIRST AMERICAN TITLE CO.
DTO - MAIL STOP 3-2-8
3 FIRST AMERICAN WAY
SANTA ANA, CA 92707-9991
Tax/Parcel #: 16-47-25-B4-0060A.0060
[Space Above This Line for Recording Data]
Original Principal Amount: $240,000.00 Prev. Rec. Mod. Loan Amt 00
Unpaid Principal Amount: $182,572.57 Investor Loan No.:
1 Loan No: (scan barcode)
New Principal Amount $186,217.80
Total Cap Amount: $3,645.23
LOAN MODIFICATION Ai en (MORTGAGE)
Executed on this day: SEPTEMBER 26, 2016
Borrower (“I”):! DENNIS MACFARLANE BY MICHAEL J. VOLPE, HIS ATTORNEY-IN-FACT, AND
PATRICIA MACFARLANE BY MICHAEL J. VOLPE, HER ATTORNEY-IN-FACT SINGLE
Borrower Mailing Address: 24761 LYONIA LN , BONITA SPRINGS, FLORIDA 34134
Lender or Servicer (“Lender”): WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME
MORTGAGE, INC.
Lender or Servicer Address: 3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SC 29715
Date of first lien mortgage, deed of trust, or security deed (“Mortgage”) NOVEMBER 22, 1996 and the Note
(“Note”) date of NOVEMBER 22, 1996
Property Address (“Property”): 24761 LYONIA LN |,BONITA SPRINGS, FLORIDA 34134
Legal Description:
" Te there is more than one Borrower or Mortgagor executing this document, each is referréd to as “L” For purposes of this document words signifying the singular (such as “T" or “my")
shall include the plural (such as "we" or “our”) and vice versa where appropriate.
‘Wells Fargo Custom Non HAMP 08262016_368 685 HIRAI
Page |
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
Prior instrument reference: Recorded on JANU. 14, 1997 in BOOK 2781 PAGE 2087, of the Official
Records of LEE COUNTY, FLORIDA |
This Loan Modification Agreement (“Agreement”) is made on SEPTEMBER 26, 2016 by and between
Borrower, as obligor(s), or as title holder(s) to the Property, as the context may require, and Lender. Borrower’s
obligations under the Note are secured by a properly recorded Mortgage, dated the same date as the Note
encumbering the Property. Borrower agrees that, except as expressly modified in this Agreement, the Note and
the Mortgage remain in full force and effect and are valid, binding obligations upon Borrower, except as
discharged in Bankruptcy, and are properly secured by the Property.
If my representations in Section 1, Borrower Representations, continue to be true in all material respects, then
this Agreement will amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the
Mortgage. The Mortgage and Note together, as they may previously have been amended, are hereafter referred
to as the “Loan Documents.” Capitalized terms used ig this Agreement and not defined have the meaning given
to them in the Loan Documents.
In consideration of the covenants hereinafter set forth and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, it is agreed as follows (notwithstanding anything to
the contrary in the Loan Documents).
I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a
signed copy of this Agreement.
Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part
of the Borrower’s obligations under the Loan Documents. Further, except as otherwise specifically provided in
this Agreement, the Loan Documents will remain unchanged, and Borrower and Lender will be bound by, and
shall comply with, all of the terms and provisions thertof, as amended by this Agreement:
1. Borrower Representations.
I certify, represent to Lender and agree: |
A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan
Documents, and/or (ii) I do not have sufficient income or access to sufficient liquid assets to make
the monthly mortgage payments now or in the near future; I did not intentionally or purposefully
default of the Mortgage Loan in order to obtain a loan modification;
Under penalty of perjury, all documents and information I have provided to Lender in connection
with this Agreement, including the documents and information regarding my eligibility for the
modification, are true and correct;
If Lender requires me to obtain credit couriseling in connection with the modification, I will do so;
Thave made or will make all payments required within this modification process;
In consideration of the covenants hereinafter set forth and for other good and valuable
consideration, the receipt and sufficiency|of which are hereby acknowledged by the Parties, it is
agreed as follows (notwithstanding anythidg to the contrary in the Loan Documents).
Wells Fargo Custom Non HAMP 08262016_368 as MII MUIGE
r 2
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2. The Modification.
A. The modified principal balance of the Note will include amounts and arrearages that will be past
due as of the Modification Effective Date) (which may include unpaid and deferred interest, fees,
escrow advances and other costs, but excluding unpaid late charges, valuation, property
preservation, and other charges not permitted under the terms of this modification, collectively,
“Unpaid Amounts”) less any amounts paid to the Lender but not previously credited to the modified
loan. The new principal balance of my te will be $186,217.80 (the “New Principal Balance”)
which includes a previously deferred principal balance in the amount of $0.00. Borrower
understands that by agreeing to add the Unpaid Amounts including the prior forbearance to the
principal balance, the added Unpaid Amaunts accrue interest based on the interest rate in effect
under this Agreement. Borrower also understands that this means interest will now accrue on the
unpaid Interest that is added to the outstanding principal balance, which would not happen without
this Agreement.
Interest at the rate of 3.7500% will begin to accrue on the New Principal Balance as of OCTOBER
1, 2016 and the first new monthly payment on the New Principal Balance will be due on
NOVEMBER 1, 2016 Interest due on each monthly payment will be calculated by multiplying the
New Principal Balance and the interest
‘
‘te in effect at the time of calculation and dividing the
result by twelve (12). My payment schedule for the modified Loan is as follows:
Payment
Months Interest Rate Interest Rate ‘Monthily Principal Monthly Total
Change Date and Interest Payment Escrow Monthly Begins On
Payment Payment*
Amount*
480 3.7500% 10/01/2016 $749.58 $912.53 $1,662.11 11/01/2016
+
|
* This includes an escrow shortage amount to be paid over the first 60 month term. After your
modification is complete, escrow payments adjust at least annually in accordance with
applicable law; therefore, the total monthly payment may change accordingly.
The above terms shall supersede any provisions to the contrary in the Loan Documents, including
but not limited to, provisions for an adjustable, step or simple interest rate.
i
i|
Loan Modification Terms.
This Agreement hereby modifies the following terms of the Loan Documents as described herein above as
follows:
A. The current contractual due date has been changed from APRIL 1, 2016 to NOVEMBER 1, 2016.
The first modified contractual due date is NOVEMBER 1, 2016.
The maturity date is OCTOBER 1, 2056. i
The amount of Recoverable Expenses* to be capitalized will be U.S. $0.00.
*Recoverable Expenses may include, |but are not limited to: Title, Attorney fees/costs,
|
‘Wells Fargo Custom Non HAMP 08262016_368 es AMNION
Page 3
BPO/Appraisal, and/or Property Preservatidn/Property Inspections.
Lender will forgive outstanding Other Feed U.S. $0.00. Other Fees may include, but are not limited
to: Prior Deferred Interest, appraisal fees.
Lender will forgive outstanding NSF Fees us. $25.00.
Lender agrees to waive all unpaid Late Charges in the amount of U.S. $232.98.
The amount of interest to be included (capitalized) will be U.S. $3,645.23.
H. The amount of the Escrow Advance to be capitalized will be U.S. $0.00.
4, Additional Agreements.
agree to the following:
A. If applicable, the Note may contain provisions allowing for changes in the interest rate and the
monthly payment. The Note limits the amount the Borrower’s interest rate can change at any one
time and the maximum rate the Borrowers must pay.
If a biweekly Joan, the Loan will convert to a monthly payment schedule. References in the Loan
Documents to “biweekly,” “every two weeks,” and “every other Monday” shall be read as
“monthly,” except as it relates to the Modified Maturity Date. Interest will be charged on a 360-day
year, divided into twelve (12) segments. Interest charged at all other times will be computed by
multiplying the interest bearing principal balance by the interest rate, dividing the result by 365, and
then multiplying that daily interest amount by the actual number of days for which interest is then
due. As part of the conversion from biweekly to monthly payments, any automatic withdrawal of
payments (auto drafting) in effect with Le: fer for the Loan are cancelled.
Funds for Escrow Items. I will pay to Lender on the day payments are due under the Loan
Documents as amended by this Agreement, until the Loan is paid in full, a sum (the “Funds”) to
provide for payment of amounts due for: (a) taxes and assessments and other items which can attain
priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or
ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to
Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan
:
Documents; and (e) any community asso ciation dues, fees, and assessments that Lender requires to
be escrowed. These items are called “Escrpw Items.” I shall promptly furnish to Lender all notices
of amounts to be paid under this Section 4{E. I shall pay Lender the Funds for Escrow Items unless
Lender waives my obligation to pay the Funds for any or all Escrow Items. Lender may waive my
obligation to pay to Lender Funds for any( or all Escrow Items at any time. Any such waiver may
only be in writing. In the event of such waiver, I shall pay directly, when and where payable, the
amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period
as Lender may require. My obligation to make such payments and to provide receipts shall for all
purposes be deemed to be a covenant and Agreement contained in the Loan Documents, as the
phrase “covenant and Agreement” is used in the Loan Documents. If I am obligated to pay Escrow
Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender
"
may exercise its rights under the Loan uments and this Agreement and pay such amount and I
Wells Fargo Custom Non HAMP 08262016_368 es MINUET
Page 4
shall then be obligated to repay to Lender. any such amount. Lender may revoke the waiver as to
any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and,
upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 4.E. i|
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to
apply the Funds at the time specified under the Real Estate Settlement Procedures Act (“RESPA”),
and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall
estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with applicable law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Banik. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge me for holding and applying
the Funds, annually analyzing the escrow: account, or verifying the Escrow Items, unless Lender
pays me interest on the Funds and applicable law permits Lender to make such a charge. Unless an
agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender
shall not be required to pay me any inter¢st or earnings on the Funds. Lender and I can agree in
writing, however, that interest shall be paid on the Funds. Lender shall provide me, without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to me
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
defined under RESPA, Lender shall notify;me as required by RESPA, and I shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficienty of Funds held in escrow, as defined under RESPA,
Lender shall notify me as required by PA, and I shall pay to Lender the amount necessary to
make up the deficiency in accordance with{RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by,the Loan Documents, Lender shall promptly refund to
me any Funds held by Lender.
If the Borrowers balance has been reduced! as a result of this new Agreement, it is understood that
any credit life, accident and health, and involuntary unemployment insurance written in connection
with this loan has been cancelled, and at any refund of unearned premiums or charges made
because of the cancellation of such credit insurance is reflected in the amount due under this
Agreement. Exception: In the state of California, Life, A&H, and IUI insurance must be cancelled,
with refunds applied to the account prior to entry of the settlement transaction, even though there is
no reduction in balance as part of the settldment.
If this loan has “Monthly Add-On Premium” Credit Life or Credit Accident & Health Insurance
coverage, it is understood and agreed that the Borrowers acceptance of this Agreement will result in
the cancellation of the above-mentioned insurances.
d
If the Borrower’s home owners insurance should lapse, Wells Fargo Home Mortgage reserves the
right to place Lender Placed Insurance PI) on the account. If LPI is placed on the account the
monthly payment could increase. All other terms of the modification Agreement will not be affected
by the LPI and will remain in effect with accordance to this Agreement.
If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower
is not a natural person and a beneficial ores in Borrower is sold or transferred) without Lender’s
Wells Fargo Custom Non HAMP 08262016_368 os EUMATIMU
Page 5
prior written consent, Lender may require| immediate payment in full of all sums secured by the
Loan Documents. If Lender exercises this option, Lender shall give Borrower notice of
acceleration. The notice shall provide a petiod of not Jess than 30 days from the date the notice is
delivered or mailed within which Borrower must pay all sums secured by the Loan Documents. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by the Loan Documents without further notice or demand on Borrower.
If Borrower has a pay option adjustable rate mortgage Loan, upon modification, the minimum
monthly payment option, the interest-only jor any other payment options will no longer be offered
and that the monthly payments described ix the above payment schedule for my modified Loan will
be the minimum payment that will be due each month for the remaining term of the Loan.
If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the
dates above, Borrower shall surrender the Property to Lender. If Borrower fails or refuses to
surrender the Property to Lender, Lender may exercise any and all remedies to recover the Property
as may be available to Lender pursuant to its security interest and lien and applicable law. These
remedies may include the recovery of reasonable attomey's fees actually incurred, plus legal
expenses and expenses for entering on the ‘Property to make repairs in any foreclosure action filed
to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action
related to the Property itself and not to recovery of any amount owed to Lender under the Note as
modified herein, which has been discharged in bankruptcy.
If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the 1-4 Family
Modification Agreement Rider Assignment of Rents.
i
If included, the undersigned Borrower(s)! acknowledge receipt and acceptance of the Notice of
Special Flood Hazard disclosure. i
CORRECTION AGREEMENT: The undersigned Borrower(s), for and in consideration of the
approval, closing and funding of this Modification, hereby grants Wells Fargo Home Mortgage, as
lender, limited power of attorney to cotrect and/or initial all typographical or clerical errors
discovered in the Modification Agreement required to be signed. In the event this limited power of
attorney is exercised, the undersigned will be notified and receive a copy of the document executed
or initialed on their behalf. This provision:may not be used to modify the interest rate, modify the
term, modify the outstanding principal balance or modify the undersigned’s monthly principal and
interest payments as modified by this Agreement. Any of these specified changes must be executed
directly by the undersigned. This limit ‘ed jpower of attorney shall automatically terminate in 120
days from the closing date of the undersigied’s Modification. Borrower agrees to make and execute
such other documents or papers as nece: ry or required to effectuate the terms and conditions of
this Agreement which, if approved and accepted by Lender, shall bind and inure to their heirs,
executors, administrators, and assigns of the Borrower.
If the Borrower’s Loan is currently in foreclosure, the Lender will attempt to suspend or cancel the
foreclosure action upon receipt of the first payment according to this Agreement. Lender agrees to
suspend further collection efforts as long as Borrowers continue making the required payments
under this Agreement.
All the rights and remedies, stipulations, ind conditions contained in the Loan Documents relating
to default in the making of payments unde the Loan Documents shall also apply to default in the
Wells Fargo Custom Non HAMP 08262016_368 es (MOOI ON
age 6
making of the modified payments hereunder.
i
This Agreement shall supersede the termd of any modification, forbearance, trial period plan or
other mortgage assistance that the Borrower previously entered into with Lender.
In cases where the Loan has been registered with Mortgagee who has only legal title to the interests
granted by the Borrower in the Loan Documents, Mortgagee has the right to exercise any or all of
those interests, including, but not limited to, the right to foreclose and sell the Property and to take
any action required of Lender including, but not limited to, releasing and canceling the Loan.
If the Loan Documents govern a home equity loan or line of credit, then Borrower agrees that as of
the Modification Effective Date, the right fo borrow new funds under the home equity loan or line
payments according to this Agreement. to
of credit is terminated. This means that Botrower cannot obtain additional advances and must make
inder may have previously terminated or suspended the
right to obtain additional advances under the home equity loan or line of credit, and if so, Borrower
confirms and acknowledges that no additional advances may be obtained.
Unless this Agreement is executed without alteration and is signed and returned along with the
following documents with the payment, if required, within 15 days from the date of this letter in the
enclosed, prepaid overnight envelope, it will be of no force or effect and the Loan will remain
subject to all existing terms and conditions provided in the Loan Documents. Upon receipt of a
properly executed Agreement, this Agreement will become effective on OCTOBER 1, 2016.
I agree that this Agreement will be null and void if the Lender is unable to receive all necessary title
endorsement(s), title insurance product(s) and or subordination Agreement(s).
Borrower must deliver to Wells Fargo Home Mortgage a properly signed modification Agreement
by OCTOBER 20, 2016. If Borrower does not return a properly signed modification Agreement by
this date and make all payments pursuant] to the trial plan Agreement or any other required pre-
modification payments, Wells Fargo Hoi Mortgage may deny or cancel the modification. If the
Borrower returns properly signed modific4tion Agreement by said date, payments pursuant to the
loan modification Agreement are due as outlined in this modification Agreement. Wells Fargo
Home Mortgage may deny or cancel this {loan modification Agreement if Borrower fails to make
the first payment due pursuant to this loan modification Agreement.
Pursuant to Section 199.145(4)(b), Florida Statutes, additional nonrecurring intangible tax is
due. This Mortgage is given in connecti with the refinancing of an obligation secured by an
existing mortgage, recorded in Official ecords BOOK 2781 PAGE 2087, Public Records of
LEE COUNTY, Florida from the Mortgagor hereunder to the Mortgage hereunder, or to the
assignor of the Mortgagee hereunder. As of the date of refinancing, the unpaid principal
balance of the original obligation, plus accrued but unpaid interest, secured by the existing
mortgage is equal to U.S. $182,572.57. The principal balance of the new obligation secured by
this Mortgage is U.S. $186,217.80, which amount represents, as of the refinancing, the excess
of the unpaid principal balance of the original obligation, plus accrued but unpaid interest.
Notwithstanding anything to the contrary contained in the foregoing, if the obligor under the
new obligation is not liable to the obligeé under the obl
Preview
3/31/2017 4:32 PM Filed Lee County Clerk of Court Dreurt IN THESSGQNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION if, _ in Plaintiff(s) * ani Metholar; etal. caset_0I6-A LOPES bo Defendant(s) Motion des COMES NOW the Plaintiff, Defendant ayid moves this Honorable Court for/to: (ome TMNT: AMG EW Z VA (ome Lin Le MUG TH SMSO G for the following reasons (LL [Ou a0 D4 Lyi Cele Leryn (0115 LUCE rift mberind belo AVE 7 G AM0 17 J pf /4t SVG tan 12 of, Lge, LINC LY | HEREBY CERTIFY that a true and correct copy of this motion has been furnished by U.S. Mail to ey Defendant (circle one) . Dated: Marek i 20/7 Dewars Mac Fanner. heipiheDe Name (Print) goer hyoia LAE FY E4134 Address doe nin LO pe Sorrnes,s, HL AA Telephone 234 oe 797 234- So4-F56h Form 291-101 Rev. 1/16 I Dennis MacFarlane, Defendant, ask the Honorable Court to consider my defense with regard to Wells Fargo standing order to foreclose on my property. This is my honest and sincere attempt to support my position with facts regarding plaintiff's noncompliance to protocol by providing legal and factual information to the court and state as follows: 1. Defendant requests that the Honorable Court deny Plaintiff to show proof of loan #3876282 with a lost note affidavit due to conflict with payment history, the principle loan amount, and the submission of an obsolete mortgage agreement from 1996 in current foreclosure motion. Defendant requests copies of all subsequent mortgage agreements following the 1996 agreement to clarify the discrepancies in principle loan amount. i 1 Defendant requests a complete payment history from the payment start date of January 1, 1997 since Plaintiff has referenced this loan agreement, dated November 22, 1996 as a valid source for accounting purposes. Recently a letter was sent stating that payments were 7 months in arrears when, for example, a payment was made with a Wells Fargo confirmation #, withdrawn from my account, and documented on plaintiff's mortgage payment history journal. Defendant is requesting a payoff amount at this time since their have been multiple amounts documented by plaintiff. Defendant wishes to be removed from the foreclosure status and provided a fair and just opportunity to resolve this clouded state of circumstances as documented in the attached TIME LINE. Defendant wishes to be indemnified and held harmless for any fees or legal costs charged to loan #3876282 as a result of the confusion with multiple department delays and inaccurate record keeping. | Defendant requests that he be allowed to pursue his rights according to letter from plaintiff dated March 4, 2017 for Wells Fargo Workout Consideration options or any other available assistance to clear the cloud a confusion with loan #3876282. Currently I am unable to talk directly to plaintiff and was told that } I was unable to speak to them and needed a lawyer or to contact a Wells Fargo lawyer. 8. See attached Time Line to help outline series of events that have been detrimental to the reconciliation of this action and my future. TIME LINE The following Time Line has been provided for the Honorable Court to review with supporting documentation for legal reference. This is a simplified version of some of the numerous directions the plaintiff, Wells Fargo, has been misguiding me. I have great concern and doubtias to the viability of the record keeping accuracy of the plaintiff. July 24, 2016 Notification from WF for updated Record of Title information was required. August 19,2016 Assigned to a WF Home Mortgage Preservation Specialist for modification. September 2016 monthly payment of $1,678.84 on 10/13, WF Confirmation#1013569349. October 5, 2016 Received a Loan Modification Agreement. 1 contacted plaintiff regarding corrections and the appointment for the final agreement to be notarized was missed. 1 ! November 22, 2016 Re¢eived a letter from plaintiff stating an inaccurate arrears total of 7 months. payments were not accounted for {see example provided in September 2016 monthly payment). Prior December 9, 2016 Assigned to another WF Home Mortgage Preservation Specialist for modification. December 9. 2016 Loan file was referred to plaintiff's attorney. December 12, 2016 Letter received from plaintiff's i attorney. January 11, 2017 Foreclosure served (filed 1/3) January 12,2017 Received Short Sale eligibility letter from random department that I never considered or was technically eligible for because of equity position January 12, 2017 Received Short Sale confirmation letter from plaintiff that I never was aware of. February 2, 2017 As per my specialist, I faxed a request to be removed from the Short Sale status. February 10,2017 Plaintiff sends confirming letter for the removal of my loan from the Short Sale status. March 3, 2017 Letter was received from plaintiff offering me options from the WF Borrower Counseling Program. e Supporting documentation for the above Time Line statements are attached for review by the Honorable Court. beseroet, the detendeatsre uest Efe Hor de. it wll fad ins feo OF Ypecleden band against Ke Plant Carbbicake of Sormve “ing Lr at fe Gor rect: Cop a hell new] Fen em ees so ft fy’ | A017 bo Lhe Pollouyng’ hare Lyshin 5. Gauche 2? SA feAedvet o Y 66 rnegS Gin Book fe 86 vid 374 % 561 -F4¢-CP7 Gta SF ¢- Brom Serace O/fys.com Jdiskin@ fogs oa8. Lam Page 2 of 2 Account Information Loan number: 3876282 Property address: 24761 Lyonia Ln Bonita Spring FL 34134 O Copies of the trust documents -- if the property is in a trust (X) Provide one of the following documents if owners on the title do not match the owners listed on the Security Instrument (Deed of Trust): ¢ Divorce Decree and all documentation related to real property . Certificate of Death | 1 . Marriage license O Provide one of the following documents needed to verify name change since origination . Divorce Decree and all documentation related to real property . Certificate of Death . Marriage license . Decree changing name issued by the court required documentation by 07/24/16, please contact m You can send all required documents by fax to: 1-86 6-590-8910. If you're unable to send us the e immediately. If you do not return the requested documents within the stated timeframe it may result in your modification being cancelled. If you have questions about the information in this letter, please call me at the number below. Sincerely, TAMIA MONIR LAMIA MONIR Home Preservation Specialist Wells Fargo Home Mortgage Ph: 1-877-458-8419 ext. 1335520579 Fax: 1-866-590-8910 Enclosure * A subordination agreement is a legal document put in place when a home has two liens, and determines which lien takes priority over the other. The benefit of being in the first lien position is that it prioritizes the loan for repayment in the event the homebuyer goes into default. This agreement is typically put into effect when a homeowner tries to refinance or modify their first mortgage. When a homeowner chooses to refinance or modify the first mortgage, the second mortgage automatically moves up to the first mortgage position - upsetting the original order. In order for the refinance or modification to be finalized, the lender of the second mortgage must agree to subordinate their lien. Where appropriate, Wells Fargo Home Mortgage is required to inform you that, as your account servicer, we are attempting to collect a debt and any information obtained will be used for that purpose. However, if you are a customer involved in an active bankruptcy case or you received a discharge in a bankruptcy case where the account was not otherwise re ed or excepted from discharge, then this notice is being provided to you for informational purposes only, and this is not a bill or a request for p ent as to any such customer(s). ‘We may report information about your account to credit reporting agenci | Late payments, missed payments, or other defaults on your account maybe reflected in your credit report. Wells Fargo Home Mortgage is a division of Wells Fargo Bank, N. A. © 2016 Wells Fargo Bank, N. A. All rights reserved. NMLSR ID 399801 HP404 685 0248 Wells Fargo Home Mortgage Page 1 of 2 Return Mail Operations PO Box 10368 Des Moines, IA 50306-0368 ere : iv.N ste 6) BUCOITUNET-e3 95 Important Information June 24, 2016 Online: wellsfargo.com Fax: 1-866-590-8910, Telephone: 1-866-234-8271 Hours of operation: Mon - Thurs, 7 am. -9 p.m, Fri, 7am. -8 p.m., Sat, 8 a.m.-4 p.m, CT Correspondence: PO Box 10335 DENNIS MACFARLANE Des Moines, LA 50306 PATRICIA MACFARLANE, 761 LYONIA LN Loan number: 3876282 Property address: 24761 Lyonia Ln BONITA SPRINGS, FL 34134 Bonita Spring FL 34134. Subject: Important documents are needed to complete your modification Dear Dennis Macfarlane & Patricia Macfarlane: We're writing to let you know that we found a title issue(s) with your property that needs to be resolved in order to complete your modification. We’ve enclosed:a copy of the property title report for your review. Important note You must continue making your trial period payments ¢ach month as we work with you on this matter. We will advise you when we can move forward with a fihal modification or if you’re no longer eligible for a modification. : i What you need to do Please complete the following by 07/24/16. 1. Fill out, sign, and return the enclosed required documents: O Statement of Information Form ( Authorization to Release Information Form By signing and returning the attached Authorization to Release Information form, Wells Fargo Home Mortgage can work on your behalf to obtain a subordination agreement*. If we don't receive a signed copy of this form from you, we'll contact you with instructions on how you can obtain the original subordination agreement and how to send it to us. Q Same Name Affidavit (Please note: This document must be notarized.) 2. Send us the additional required documents listed below that are not enclosed: Please review each bullet carefully and send only the documents that are checked. To clear any judgments and/or liens shown on the attached title report, please provide the following checked documents: (X) Notice of Release of Mortgage or Discharge of Judgment/Lien Q Recorded Discharge of Mortgage/Satisfaction of Record To ensure proper ownership, please provide the fdllowing checked documents: HP404 685 0248 Page 1 of2 Wells Fargo Home Mortgage Return Mail Operations PO Box 10368 Des Moines, IA 50306-0368 AD es) foe VYNStEI8) oe Account Information August 19, 2016 Fax: 1-866-590-8910 ‘Telephone: 1-800-416-1472 Correspondence: PO Box 10335 Des Moines, IA 50306 DCMLICDTMH 009385 Hours of operation: Mon - Thurs, 7 a.m. - 9 p.m., ele ee ete tha Fri, 7a.m. - 8 p.m., Sat, 8 a.m. - 4 p.m.,CT Ee DENNIS MACFARLANE PATRICIA MACFARLANE Loan number: 3876282 24761 Lyonia Ln 0 2 761 LYONIA LN Bi INITA SPRINGS, FL 34134 Property address: Bonita Spring FL 34134 Subject: A new specialist dedicated to helping you | | i Dear Dennis Macfarlane & Patricia Macfarlane: I'd like to take this opportunity to introduce mys elf, My name is DEVON JOHNSON and I’m writing to e home preservation let you know that going forward, I will be your hew Wells Fargo Home Mortgag specialist. ted home preservation Previously, another specialist was assisting you, and now ‘ll serve as your dedica helping you through and specialist. In this role, I will be your primary contact, work ing closely with you h the process and every step of the mortgage assistance process. I’ m committe d to helpin g you throug making it the best experience possible. That’s why I we come your feedbat ck at any point -- whether it’s to not able to help you with. share something positive, or if you have concerns withi something that I was Just let me know, and I'll be happy to put you in touc! with my manager. How to send documents to me secured website. You have the option to send information to me eit her by fax or by our « By fax: 1-866-590-8910, please include your loan number, p rimary number, secondary number and the date on all documents you send. . By website: wellsfargo.com/modification, please include your loan number , primary number, secondary number and the date on all documents you send. and next steps. I’m here to You can count on me to keep you well- informed about your loan, the process, with any questions help you in any way I can, Please feel free to contact me at the number listed below, you may have along the way. g with you. I'm pleased to have this opportunity to help you, and look forward to workin Sincerely, DEVON JOHNSON DEVON JOHNSON Home Preservation Specialist HPO12 685 0258 Page 2 of 2 Account Information Loan number; 3876282 Property address: 24761 Lyonia Ln Bonita Spring FL 34134 Wells Fargo Home Mortgage Ph: 1-877-458-8418 ext. 1335427215 Fax: 1-866-590-8910 Where appropriate Wells Fargo Home Mortgage is required to inform you that, as your account servicer, we are attempting to collect a debt and any information obtained will be used for that purpose. payments, missed payments, or other defaults on your account We may report information about your account to credit reporting agencies, Late may be reflected in your credit report. contact order to assist you with this request, we mustbe able to Please note: this letter is being sent in response to your request for assistande. In waived for these purposes. If this is incorrect, please contactus you. Therefore, any previous request to cease communica tion wi ith you has been immediately. reserved. NMLSR ID 399801 Wells Fargo Home Mot rtgage is a division of Wells Fargo Bank, N. A. © 2015 Wells Fargo Bank, N. A. All rights HP012 685 0258 This Document Prepared By: DEVON JOHNSON WELLS FARGO BANK, N.A. 3476 STATEVIEW BLVD, MAC# X7801-03K FORT MILL, SC 29715 (800) 416-1472 When Recorded Mail To: FIRST AMERICAN TITLE CO. DTO - MAIL STOP 3-2-8 3 FIRST AMERICAN WAY SANTA ANA, CA 92707-9991 Tax/Parcel #: 16-47-25-B4-0060A.0060 [Space Above This Line for Recording Data] Original Principal Amount: $240,000.00 Prev. Rec. Mod. Loan Amt 00 Unpaid Principal Amount: $182,572.57 Investor Loan No.: 1 Loan No: (scan barcode) New Principal Amount $186,217.80 Total Cap Amount: $3,645.23 LOAN MODIFICATION Ai en (MORTGAGE) Executed on this day: SEPTEMBER 26, 2016 Borrower (“I”):! DENNIS MACFARLANE BY MICHAEL J. VOLPE, HIS ATTORNEY-IN-FACT, AND PATRICIA MACFARLANE BY MICHAEL J. VOLPE, HER ATTORNEY-IN-FACT SINGLE Borrower Mailing Address: 24761 LYONIA LN , BONITA SPRINGS, FLORIDA 34134 Lender or Servicer (“Lender”): WELLS FARGO BANK, N.A., S/B/M WELLS FARGO HOME MORTGAGE, INC. Lender or Servicer Address: 3476 STATEVIEW BLVD, MAC# X7801-03K, FORT MILL, SC 29715 Date of first lien mortgage, deed of trust, or security deed (“Mortgage”) NOVEMBER 22, 1996 and the Note (“Note”) date of NOVEMBER 22, 1996 Property Address (“Property”): 24761 LYONIA LN |,BONITA SPRINGS, FLORIDA 34134 Legal Description: " Te there is more than one Borrower or Mortgagor executing this document, each is referréd to as “L” For purposes of this document words signifying the singular (such as “T" or “my") shall include the plural (such as "we" or “our”) and vice versa where appropriate. ‘Wells Fargo Custom Non HAMP 08262016_368 685 HIRAI Page | SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF: Prior instrument reference: Recorded on JANU. 14, 1997 in BOOK 2781 PAGE 2087, of the Official Records of LEE COUNTY, FLORIDA | This Loan Modification Agreement (“Agreement”) is made on SEPTEMBER 26, 2016 by and between Borrower, as obligor(s), or as title holder(s) to the Property, as the context may require, and Lender. Borrower’s obligations under the Note are secured by a properly recorded Mortgage, dated the same date as the Note encumbering the Property. Borrower agrees that, except as expressly modified in this Agreement, the Note and the Mortgage remain in full force and effect and are valid, binding obligations upon Borrower, except as discharged in Bankruptcy, and are properly secured by the Property. If my representations in Section 1, Borrower Representations, continue to be true in all material respects, then this Agreement will amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are hereafter referred to as the “Loan Documents.” Capitalized terms used ig this Agreement and not defined have the meaning given to them in the Loan Documents. In consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows (notwithstanding anything to the contrary in the Loan Documents). I understand that after I sign and return two copies of this Agreement to the Lender, the Lender will send me a signed copy of this Agreement. Nothing in this Agreement shall be understood or construed to be a satisfaction or release, in whole or in part of the Borrower’s obligations under the Loan Documents. Further, except as otherwise specifically provided in this Agreement, the Loan Documents will remain unchanged, and Borrower and Lender will be bound by, and shall comply with, all of the terms and provisions thertof, as amended by this Agreement: 1. Borrower Representations. I certify, represent to Lender and agree: | A. I am experiencing a financial hardship, and as a result, (i) I am in default under the Loan Documents, and/or (ii) I do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; I did not intentionally or purposefully default of the Mortgage Loan in order to obtain a loan modification; Under penalty of perjury, all documents and information I have provided to Lender in connection with this Agreement, including the documents and information regarding my eligibility for the modification, are true and correct; If Lender requires me to obtain credit couriseling in connection with the modification, I will do so; Thave made or will make all payments required within this modification process; In consideration of the covenants hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency|of which are hereby acknowledged by the Parties, it is agreed as follows (notwithstanding anythidg to the contrary in the Loan Documents). Wells Fargo Custom Non HAMP 08262016_368 as MII MUIGE r 2 | 2. The Modification. A. The modified principal balance of the Note will include amounts and arrearages that will be past due as of the Modification Effective Date) (which may include unpaid and deferred interest, fees, escrow advances and other costs, but excluding unpaid late charges, valuation, property preservation, and other charges not permitted under the terms of this modification, collectively, “Unpaid Amounts”) less any amounts paid to the Lender but not previously credited to the modified loan. The new principal balance of my te will be $186,217.80 (the “New Principal Balance”) which includes a previously deferred principal balance in the amount of $0.00. Borrower understands that by agreeing to add the Unpaid Amounts including the prior forbearance to the principal balance, the added Unpaid Amaunts accrue interest based on the interest rate in effect under this Agreement. Borrower also understands that this means interest will now accrue on the unpaid Interest that is added to the outstanding principal balance, which would not happen without this Agreement. Interest at the rate of 3.7500% will begin to accrue on the New Principal Balance as of OCTOBER 1, 2016 and the first new monthly payment on the New Principal Balance will be due on NOVEMBER 1, 2016 Interest due on each monthly payment will be calculated by multiplying the New Principal Balance and the interest ‘ ‘te in effect at the time of calculation and dividing the result by twelve (12). My payment schedule for the modified Loan is as follows: Payment Months Interest Rate Interest Rate ‘Monthily Principal Monthly Total Change Date and Interest Payment Escrow Monthly Begins On Payment Payment* Amount* 480 3.7500% 10/01/2016 $749.58 $912.53 $1,662.11 11/01/2016 + | * This includes an escrow shortage amount to be paid over the first 60 month term. After your modification is complete, escrow payments adjust at least annually in accordance with applicable law; therefore, the total monthly payment may change accordingly. The above terms shall supersede any provisions to the contrary in the Loan Documents, including but not limited to, provisions for an adjustable, step or simple interest rate. i i| Loan Modification Terms. This Agreement hereby modifies the following terms of the Loan Documents as described herein above as follows: A. The current contractual due date has been changed from APRIL 1, 2016 to NOVEMBER 1, 2016. The first modified contractual due date is NOVEMBER 1, 2016. The maturity date is OCTOBER 1, 2056. i The amount of Recoverable Expenses* to be capitalized will be U.S. $0.00. *Recoverable Expenses may include, |but are not limited to: Title, Attorney fees/costs, | ‘Wells Fargo Custom Non HAMP 08262016_368 es AMNION Page 3 BPO/Appraisal, and/or Property Preservatidn/Property Inspections. Lender will forgive outstanding Other Feed U.S. $0.00. Other Fees may include, but are not limited to: Prior Deferred Interest, appraisal fees. Lender will forgive outstanding NSF Fees us. $25.00. Lender agrees to waive all unpaid Late Charges in the amount of U.S. $232.98. The amount of interest to be included (capitalized) will be U.S. $3,645.23. H. The amount of the Escrow Advance to be capitalized will be U.S. $0.00. 4, Additional Agreements. agree to the following: A. If applicable, the Note may contain provisions allowing for changes in the interest rate and the monthly payment. The Note limits the amount the Borrower’s interest rate can change at any one time and the maximum rate the Borrowers must pay. If a biweekly Joan, the Loan will convert to a monthly payment schedule. References in the Loan Documents to “biweekly,” “every two weeks,” and “every other Monday” shall be read as “monthly,” except as it relates to the Modified Maturity Date. Interest will be charged on a 360-day year, divided into twelve (12) segments. Interest charged at all other times will be computed by multiplying the interest bearing principal balance by the interest rate, dividing the result by 365, and then multiplying that daily interest amount by the actual number of days for which interest is then due. As part of the conversion from biweekly to monthly payments, any automatic withdrawal of payments (auto drafting) in effect with Le: fer for the Loan are cancelled. Funds for Escrow Items. I will pay to Lender on the day payments are due under the Loan Documents as amended by this Agreement, until the Loan is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over the Mortgage as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under the Loan Documents; (d) mortgage insurance premiums, if any, or any sums payable to Lender in lieu of the payment of mortgage insurance premiums in accordance with the Loan : Documents; and (e) any community asso ciation dues, fees, and assessments that Lender requires to be escrowed. These items are called “Escrpw Items.” I shall promptly furnish to Lender all notices of amounts to be paid under this Section 4{E. I shall pay Lender the Funds for Escrow Items unless Lender waives my obligation to pay the Funds for any or all Escrow Items. Lender may waive my obligation to pay to Lender Funds for any( or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, I shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. My obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and Agreement contained in the Loan Documents, as the phrase “covenant and Agreement” is used in the Loan Documents. If I am obligated to pay Escrow Items directly, pursuant to a waiver, and I fail to pay the amount due for an Escrow Item, Lender " may exercise its rights under the Loan uments and this Agreement and pay such amount and I Wells Fargo Custom Non HAMP 08262016_368 es MINUET Page 4 shall then be obligated to repay to Lender. any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with the Loan Documents, and, upon such revocation, I shall pay to Lender all Funds, and in such amounts, that are then required under this Section 4.E. i| Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under the Real Estate Settlement Procedures Act (“RESPA”), and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Banik. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge me for holding and applying the Funds, annually analyzing the escrow: account, or verifying the Escrow Items, unless Lender pays me interest on the Funds and applicable law permits Lender to make such a charge. Unless an agreement is made in writing or applicable law requires interest to be paid on the Funds, Lender shall not be required to pay me any inter¢st or earnings on the Funds. Lender and I can agree in writing, however, that interest shall be paid on the Funds. Lender shall provide me, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to me for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, defined under RESPA, Lender shall notify;me as required by RESPA, and I shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficienty of Funds held in escrow, as defined under RESPA, Lender shall notify me as required by PA, and I shall pay to Lender the amount necessary to make up the deficiency in accordance with{RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by,the Loan Documents, Lender shall promptly refund to me any Funds held by Lender. If the Borrowers balance has been reduced! as a result of this new Agreement, it is understood that any credit life, accident and health, and involuntary unemployment insurance written in connection with this loan has been cancelled, and at any refund of unearned premiums or charges made because of the cancellation of such credit insurance is reflected in the amount due under this Agreement. Exception: In the state of California, Life, A&H, and IUI insurance must be cancelled, with refunds applied to the account prior to entry of the settlement transaction, even though there is no reduction in balance as part of the settldment. If this loan has “Monthly Add-On Premium” Credit Life or Credit Accident & Health Insurance coverage, it is understood and agreed that the Borrowers acceptance of this Agreement will result in the cancellation of the above-mentioned insurances. d If the Borrower’s home owners insurance should lapse, Wells Fargo Home Mortgage reserves the right to place Lender Placed Insurance PI) on the account. If LPI is placed on the account the monthly payment could increase. All other terms of the modification Agreement will not be affected by the LPI and will remain in effect with accordance to this Agreement. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial ores in Borrower is sold or transferred) without Lender’s Wells Fargo Custom Non HAMP 08262016_368 os EUMATIMU Page 5 prior written consent, Lender may require| immediate payment in full of all sums secured by the Loan Documents. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a petiod of not Jess than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Loan Documents. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Loan Documents without further notice or demand on Borrower. If Borrower has a pay option adjustable rate mortgage Loan, upon modification, the minimum monthly payment option, the interest-only jor any other payment options will no longer be offered and that the monthly payments described ix the above payment schedule for my modified Loan will be the minimum payment that will be due each month for the remaining term of the Loan. If Borrower fails to pay Lender the amount due and owing or to pay any monthly payment on the dates above, Borrower shall surrender the Property to Lender. If Borrower fails or refuses to surrender the Property to Lender, Lender may exercise any and all remedies to recover the Property as may be available to Lender pursuant to its security interest and lien and applicable law. These remedies may include the recovery of reasonable attomey's fees actually incurred, plus legal expenses and expenses for entering on the ‘Property to make repairs in any foreclosure action filed to enforce the Lender lien. Lender's rights and remedies extend only to the Property, and any action related to the Property itself and not to recovery of any amount owed to Lender under the Note as modified herein, which has been discharged in bankruptcy. If included, the undersigned Borrower(s) acknowledge receipt and acceptance of the 1-4 Family Modification Agreement Rider Assignment of Rents. i If included, the undersigned Borrower(s)! acknowledge receipt and acceptance of the Notice of Special Flood Hazard disclosure. i CORRECTION AGREEMENT: The undersigned Borrower(s), for and in consideration of the approval, closing and funding of this Modification, hereby grants Wells Fargo Home Mortgage, as lender, limited power of attorney to cotrect and/or initial all typographical or clerical errors discovered in the Modification Agreement required to be signed. In the event this limited power of attorney is exercised, the undersigned will be notified and receive a copy of the document executed or initialed on their behalf. This provision:may not be used to modify the interest rate, modify the term, modify the outstanding principal balance or modify the undersigned’s monthly principal and interest payments as modified by this Agreement. Any of these specified changes must be executed directly by the undersigned. This limit ‘ed jpower of attorney shall automatically terminate in 120 days from the closing date of the undersigied’s Modification. Borrower agrees to make and execute such other documents or papers as nece: ry or required to effectuate the terms and conditions of this Agreement which, if approved and accepted by Lender, shall bind and inure to their heirs, executors, administrators, and assigns of the Borrower. If the Borrower’s Loan is currently in foreclosure, the Lender will attempt to suspend or cancel the foreclosure action upon receipt of the first payment according to this Agreement. Lender agrees to suspend further collection efforts as long as Borrowers continue making the required payments under this Agreement. All the rights and remedies, stipulations, ind conditions contained in the Loan Documents relating to default in the making of payments unde the Loan Documents shall also apply to default in the Wells Fargo Custom Non HAMP 08262016_368 es (MOOI ON age 6 making of the modified payments hereunder. i This Agreement shall supersede the termd of any modification, forbearance, trial period plan or other mortgage assistance that the Borrower previously entered into with Lender. In cases where the Loan has been registered with Mortgagee who has only legal title to the interests granted by the Borrower in the Loan Documents, Mortgagee has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property and to take any action required of Lender including, but not limited to, releasing and canceling the Loan. If the Loan Documents govern a home equity loan or line of credit, then Borrower agrees that as of the Modification Effective Date, the right fo borrow new funds under the home equity loan or line payments according to this Agreement. to of credit is terminated. This means that Botrower cannot obtain additional advances and must make inder may have previously terminated or suspended the right to obtain additional advances under the home equity loan or line of credit, and if so, Borrower confirms and acknowledges that no additional advances may be obtained. Unless this Agreement is executed without alteration and is signed and returned along with the following documents with the payment, if required, within 15 days from the date of this letter in the enclosed, prepaid overnight envelope, it will be of no force or effect and the Loan will remain subject to all existing terms and conditions provided in the Loan Documents. Upon receipt of a properly executed Agreement, this Agreement will become effective on OCTOBER 1, 2016. I agree that this Agreement will be null and void if the Lender is unable to receive all necessary title endorsement(s), title insurance product(s) and or subordination Agreement(s). Borrower must deliver to Wells Fargo Home Mortgage a properly signed modification Agreement by OCTOBER 20, 2016. If Borrower does not return a properly signed modification Agreement by this date and make all payments pursuant] to the trial plan Agreement or any other required pre- modification payments, Wells Fargo Hoi Mortgage may deny or cancel the modification. If the Borrower returns properly signed modific4tion Agreement by said date, payments pursuant to the loan modification Agreement are due as outlined in this modification Agreement. Wells Fargo Home Mortgage may deny or cancel this {loan modification Agreement if Borrower fails to make the first payment due pursuant to this loan modification Agreement. Pursuant to Section 199.145(4)(b), Florida Statutes, additional nonrecurring intangible tax is due. This Mortgage is given in connecti with the refinancing of an obligation secured by an existing mortgage, recorded in Official ecords BOOK 2781 PAGE 2087, Public Records of LEE COUNTY, Florida from the Mortgagor hereunder to the Mortgage hereunder, or to the assignor of the Mortgagee hereunder. As of the date of refinancing, the unpaid principal balance of the original obligation, plus accrued but unpaid interest, secured by the existing mortgage is equal to U.S. $182,572.57. The principal balance of the new obligation secured by this Mortgage is U.S. $186,217.80, which amount represents, as of the refinancing, the excess of the unpaid principal balance of the original obligation, plus accrued but unpaid interest. Notwithstanding anything to the contrary contained in the foregoing, if the obligor under the new obligation is not liable to the obligeé under the obl