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**** CASE NUMBER: 502024CA006254XXXAMB Div: Ad ****
Filing # 201860776 E-Filed 07/03/2024 11:01:59 AM
IN THE CIRCUIT CIVIL COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR PALM BEACH COUNTY
CIVIL DIVISION
US BANK TRUST NATIONAL ASSOCIATION, NOT
IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS
OWNER TRUSTEE FOR VRMTG ASSET TRUST
Plaintiff, Case No.
vs.
Division
SHAMEKIA FALCON A/K/A SHAMEKIA
RASHUADA FALCON A/K/A SHAMEKIA R
FALCON, THE CHARTER CLUB OF PALM BEACH
#1 HOMEOWNERS ASSOCIATION INC., PALM
BEACH COUNTY, FLORIDA, CAPITAL ONE, N.A.,
UNKNOWN SPOUSE OF SHAMEKIA FALCON
A/K/A SHAMEKIA RASHUADA FALCON A/K/A
SHAMEKIA R FALCON, UNKNOWN
TENANTS/OWNERS 1, UNKNOWN
TENANTS/OWNERS 2, AND UNKNOWN
TENANTS/OWNERS 3,
Defendants.
/
VERIFIED MORTGAGE FORECLOSURE COMPLAINT
Plaintiff, Us BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST, by and
through its undersigned attorneys, sues Defendants, SHAMEKIA FALCON A/K/A SHAMEKIA
RASHUADA FALCON A/K/A SHAMEKIA R FALCON, THE CHARTER CLUB OF PALM
BEACH #1 HOMEOWNERS ASSOCIATION INC., PALM BEACH COUNTY, FLORIDA,
CAPITAL ONE, N.A., UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A SHAMEKIA
RASHUADA FALCON A/K/A SHAMEKIA R FALCON, UNKNOWN TENANTS/OWNERS
1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, and states:
GENERAL ALLEGATIONS
1 As of the date of the execution of this complaint, US BANK TRUST
NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS
OWNER TRUSTEE FOR VRMTG ASSET TRUST, is the holder of the original note secured by
the mortgage pursuant to 673.3011 Florida Statutes. The Certification of Original Promissory
Note is attached hereto.
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
age
a
{i L
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/03/2024 11:01:59 AM
2 Defendant, SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON
A/K/A SHAMEKIA R FALCON, is the record owner of the property sought to be foreclosed by
the Plaintiff, and hold title to the property subject to the Mortgage described herein.
3 Defendants, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS
ASSOCIATION INC., PALM BEACH COUNTY, FLORIDA, CAPITAL ONE, N.A.,
UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA
FALCON A/K/A SHAMEKIA R FALCON, UNKNOWN TENANTS/OWNERS 1,
UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, are persons
and/or entities who have or may claim some right, title, interest, or lien in, to, or upon the
Property described below.
4 On or about May 25, 2007, SHAMEKIA FALCON executed and delivered a Note
in favor of WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES. A
Purchase Money Mortgage securing the Note was executed by SHAMEKIA FALCON, AN
UNMARRIED WOMAN and recorded on June 13, 2007, in Official Records Book 21832,
Page 1183, of the Public Records of Palm Beach County, Florida, and mortgaged the property
described in the Mortgage then owned by and in possession ofthe mortgagors. Copies of the
Mortgage and Promissory Note are attached hereto. Said Mortgage was subsequently assigned.
The loan was subsequently modified, and a copy of the modification agreements are attached
hereto.
5 On or about March 31, 2020, April 20, 2020, and May 21, 2020, Plaintiff
and
Defendant entered into forbearance agreement ("agreement") wherein Plaintiff agreed to defer
certain monthly installment payments. A copy of US BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER
TRUSTEE FOR VRMTG ASSET TRUST’S business records confirming the deferment are
attached hereto.
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
age 2
6 A default exists under the Note and Mortgage as a result of the amounts due
under the Note and Mortgage in that the payment due for December 1, 2023, and all subsequent
payments have not been made.
7
All conditions precedent to filing of this action have been performed or have
occurred.
8 Plaintiff hereby accelerates all principal and interest under the Note and
Mortgage to be immediately due and payable.
9 Plaintiff is due the sum of ONE HUNDRED FIVE THOUSAND FOUR
HUNDRED FORTY-ONE DOLLARS AND EIGHT CENTS ($105,441.08) in principal under
the Note and Mortgage, plus interest from November 1, 2023, title search expenses for
ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late
charges, and inspection fees. The principal balance due on the Note and Mortgage consists of
$103,905.95 as to the Interest-Bearing Principal Balance, and $1,535.13 as to the Deferred
Principal Balance, as further defined by the forbearance agreement.
10. As a result of the default under the Note and Mortgage, it has become necessary
for the Plaintiff to employ the undersigned attorneys to prosecute this action, and Plaintiff
has
agreed to pay such attorneys a reasonable fee for their services. Under the terms and provisions
of the Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing
this action.
lL. Defendant, SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON
A/K/A SHAMEKIA R FALCON may claim an interest in the subject property by virtue ofa
claim of ownership, possession and/or occupancy of the Property.
12. Defendant, UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A.
SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON may claim an interest in
the subject property by virtue of his/her marriage to SHAMEKIA FALCON A/K/A SHAMEKIA
RASHUADA FALCON A/K/A SHAMEKIA R FALCON as a result of the spouse's potential
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
Page 3
homestead interest in the property. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiffs Mortgage.
13. Defendant, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS
ASSOCIATION, INC., may claim some interest in the subject property by virtue of any lien
filed pursuant to the Declaration of Covenants and Restrictions or Declaration of Condominium
and any amendments thereto recorded in the Public Records of Palm Beach County, Florida.
Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's
Mortgage.
14, Defendant, PALM BEACH COUNTY, FLORIDA, may claim some interest in
the subject property by virtue of Mortgage recorded on June 13, 2007, in Official Records Book
21832, Page 1201, of the Public Records of Palm Beach County, Florida. Said interest, however,
is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage.
15. Defendant, CAPITAL ONE, N.A., may claim some interest in the subject
property by virtue of Judgment recorded on November 30, 2023, in Official Records Book
34692, Page 1532, of the Public Records of Palm Beach County, Florida. Said interest, however,
is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage.
16, Defendant, UNKNOWN TENANTS/OWNERS 1, may claim some interest in the
subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
17. Defendant, UNKNOWN TENANTS/OWNERS 2, may claim some interest in the
subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage.
18. Defendant, UNKNOWN TENANTS/OWNERS 3, may claim some interest in the
subject property by virtue of their possession of the property. Said interest, however, is either
invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage.
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
Page
COUNT I
MORTGAGE FORECLOSURE
19. Plaintiff re-alleges and incorporates Paragraphs | through 18 of this Complaint.
20. This is an action to foreclose the first Mortgage on real property (the "Property")
in Palm Beach County, Florida, having a legal description as follows:
LOT E, BLOCK 21, OF THE SUBDIVISION NAMED THE CHARTER CLUB OF
PALM BEACH, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 48, PAGE(S)
114, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
with a street address of 221 FOXTAIL DR APT E, GREENACRES, FL 33415, herein referred
to as "the Property.”
21. Under the terms of the Mortgage, and in accordance with Florida law, Plaintiff is
entitled to foreclosure of its Mortgage upon default in payment.
WHEREFORE, Plaintiff requests that this honorable Court:
(a) Take jurisdiction of the parties hereto and of the subject matter hereof;
(b) Order that the lien of Plaintiff's Mortgage is a valid first lien on the Property
described and is superior to any lien of record;
() Order foreclosure of the Mortgage, and that all Defendants named herein, their
estates, and all persons claiming under or against them since the filing of the Notice of Lis
Pendens, be foreclosed;
(d) Determine the amount due Plaintiff under the Note and Mortgage sued upon
herein, including costs, and award attorney’s fees as provided by the Note and Mortgage;
(e) Order that if said sum due Plaintiff is not paid in full within the time set by this
Court, the Property be sold by Order of this Court to satisfy Plaintiff's claims;
Order that if the proceeds from such court ordered sale are insufficient to pay
Plaintiff's claim, then a deficiency judgment be entered for the remaining sum against all
Defendants who have assumed personal liability for same and who have not received a discharge
in bankruptcy;
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
age
(g) Order delivery and possession of the real property to the Purchaser, who shall be
responsible for condominium or homeowner association assessments and other charges in
accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes,
respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender
such possession, and the clerk be directed to issue a writ of possession without further order of
this Court;
(h) Retain jurisdiction to determine the amounts due for condominium or homeowner
association assessments and other charges in accordance with any applicable Declaration or
§§718.116 and 720.3085, Florida Statutes, respectively, should Plaintiff, its successors and
assigns, be the Purchaser.
(i) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's
entitlement to a deficiency judgment and the amount thereof; and
@ Grant such other and further relief as appears just and equitable under the
circumstances.
[THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK- THE
SIGNATURES OF THE PLAINTIFF AND ITS COUNSEL FOLLOW ON THE NEXT
PAGE]
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
age 6
NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT
Pursuant to Title 15 United States Code Section 1692g(d), a communication in the form
of a formal pleading in a civil action shall not be treated as an initial communication for
purposes of subsection (a) ofthis section.
VERIFICATION OF FORECLOSURE COMPLAINT
Under penalty of perjury, I declare that I have read the foregoing Verified Mortgage
Foreclosure Complaint, and the facts alleged therein are true and correct to the best of my
knowledge and belief.
US BANK TRUST NATIONAL ASSOCIATION.
NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG
ASSET TRUST
By /s/Joshuw Stolowitz
Print Name Joshua Stolowitz
Title Document Verification Specialist
For: NEWREZ LLC dba SHELLPOINT
MORTGAGE SERVICING as Servicing Agent for
US BANK TRUST NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY BUT
SOLELY AS OWNER TRUSTEE FOR VRMTG
ASSET TRUST
Date ROS ESS,
-
pate: 7/2/29 LL
BE
Yennifer M. Scott/ Flortda Bar #
JScott@kasslaw.com
Laura E. Noyes / Florida Bar #065454
LNoyes@kasslaw.com
Kass Shuler, P.A., Attorneys for Plaintiff
orida Ave
a, FL 2 ~~ WILLIAML. NORIEGA, JR., ESQ.
ee 229-0900 FBN: 98042
WNORIEGA@KASSLAW.COM
The Primary e-mail address for electronic service
of all pleadings in this case under Rule 2.516 is as
olows:
ForeclosureService@kasslaw.com
VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY
328202/2425833/dmo
age 7
WORLD SAVINGS BANK, FSB
NOTE
Loan Amount: $119,000.00 Loan Number SS
Date: May 25, 2007
221 FOXTAIL DR APT E, GREENACRES , FL 33415-6037
[ Property Address ]
1 BORROWER'S PROMISE TO PAY
In return for a loan that | have received, | promise to pay U.S. $119,000.00 (this amount is
called "Principal’), plus interest, to the order of the Lender. The Lender is WORLD SAVINGS BANK,
FSB, a FEDERAL SAVINGS BANK,, ITS SUCCESSORS AND/OR ASSIGNEES. | will make all
payments under this Note in the form of cash, check, Electronic Fund Transfer or money order.
| understand that the Lender may transfer this Note. The Lender or anyone who takes this
Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.”
2. INTEREST
Interest will be charged on unpaid principal until the full amount of Principal has been paid. |
will pay interest at a yearly rate of 6.2008.
The interest rate required by this Section 2 is the rate | will pay both before and after any
default described in Section 6(B) of this Note.
3. PAYMENTS
{A) Time and Place of Payments
Iwill pay principal and interest by making a payment every month.
1 will make my monthly payment on the 1st day of each month beginning on July 1, 2007. |
will make these payments every month until | have paid all of the Principal and interest and any other
charges described below that | may owe under this Note. Each monthly payment will be applied as of
its scheduled due date and will be applied to interest before Principal. If, on June 1, 2037, | still owe
amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity
Date."
| will make my monthly payments at 1901 HARRISON STREET, OAKLAND, CALIFORNIA
94612 or at a different place if required by the Note Holder.
(B) Amount of Monthly Payments
My monthly payment will be in the amount of U.S. $728.84.
4 BORROWER'S RIGHT TO PREPAY
[have the right to make payments of Principal at any time before they are due. A payment of
Principal only is known as a "Prepayment." When | make a Prepayment, | will tell the Note Holder in
writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the
monthly payments due under the Note.
FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac
UNIFORM INSTRUMENT Form 3210 1/01
'SO247A (2004-10-41) Paget FL LENDER'S USE ONLY
Baad
1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge.
The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this
Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the
Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If |
make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly
payment unless the Note Holder agrees in writing to those changes.
5. LOAN CHARGES
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with this loan
exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary
to reduce the charge to the permitted limit; and (b) any sums already collected from me which
exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by
reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces
Principal, the reduction will be treated as a partial Prepayment.
6. BORROWER'S FAILURE TO PAY AS REQUIRED
{A)
Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
FIFTEEN calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount
of the charge will be 5.00% of my overdue payment of principal and interest. | will pay this late charge
promptly but only ance on each late payment.
(8) Default
If | do not pay the full amount of each monthly payment on the date it is due, | will be in
default.
(C) Notice of Default
If | am in default, the Note Holder may send me a written notice telling me that if | do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that | owe on that amount. That date
must be at least 30 days after the date on which the notice is mailed to me or delivered by other
means.
(D) No Waiver By Note Holder
Even if, at a time when | am in default, the Note Holder does not require me to pay
immediately in full as described above, the Note Holder will still have the right to do so if | am in
default at a later time.
{E) Payment of Note Holder's Costs and Expenses
If the Note Holder has required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note
to the extent not prohibited by applicable law. Those expenses include, for example, reasonable
attorneys’ fees.
7. GIVING OF NOTICES
Unless applicable law requires a different method, any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address
above or at a different address if | give the Note Holder a notice of my different address. | may give
notice to Note Holder of a change of my address in writing or by calling the customer service
telephone number provided on my billing statement
Except as permitted above for changes of address, any notice that must be given to the Note
Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note
Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of
that different address.
‘LORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3210 1/04
‘802478 (2004-101) Page FL
—=
i
wae
EES
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, each person is fully and personally obligated to keep
all of the promises made in this Note, including the promise to pay the full amount owed. Any person
who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person
who takes over these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its
rights under this Note against each person individually or against all of us together. This means that
any one of us may be required to pay all of the amounts owed under this Note.
9%. WAIVERS:
| and any other person who has obligations under this Note waive the rights of Presentment
and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment
of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other
persons that amounts due have not been paid.
10. UNIFORM SECURED NOTE
This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the
“Security Instrument”), dated the same date as this Note, protects the Note Holder from possible
losses which might result if | do not keep the promises which | make in this Note. That Security
Instrument describes how and under what conditions | may be required to make immediate payment in
full of all amounts | owe under this Note. Some of those conditions are described as follows:
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 interest in Borrower is sold or
transferred) without Lender's prior written consent, Lender may require immediate payment
in full of all sums secured by this Security instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration.
The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
11. DOCUMENTARY TAX
The state documentary tax due on this Note has been paid on the mortgage securing this
indebtedness.
THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS,
FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3210 1/04
‘S247 (2004-10-1) Pages FL
“A
SIGNATURE PAGE
WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED.
(PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW)
BORROWER(S):
(Seal)
CLO 6 = Ail ee
“SHAMEKIA FALCON
Mailing Address: 221 FOXTAIL DR APT E, GREENACRES, FL 33415-6037
FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01
'$0247 (2004-031) Page4 0f 4
[X15 (2004-03-41)
WITHOUT RECOURSE,
PAY TO THE ORDER OF
successor
Walls Fargo Bank, N.A.,
Wells Fare Bank NA., FAKIA otagage.FS,
FIKIA ‘World Savings Bank, FSB.
~
(Dronda QF
Brenda A. Fiores
vice President Loan Documentation:
DATE: May 25, 2007
GS
MODIFICATION TO FIXED RATE NOTE
FOR VALUE RECEIVED, | agree that the following provisions shall be incorporated into that Promissory Note ("Note") of even
date herewith which | executed,
To the extent that the provisions of this Modification are inconsistent with the provisions of the Note, the provisions of this
Modification shall prevail and shall supersede any such inconsistent provisions in the Note. Except to the extent modified by this
Modification the provisions of the Note shall remain in full orce and effect.
Paragraph 4 of the Note, which is secured by the Security Instrument, is modified in its entirety as follows;
4, BORROWER'S RIGHT TO PREPAY
| have the right to make payments of Principal at any time before they are due. A payment of
Principal before it is due is called a "Prepayment". When | make a Prepayment, | will tell the
Lender in writing that | am doing so. The Lender may require that any partial Prepayments be
made on the date my regularly scheduled payments are due. If | make a partial Prepayment,
there will be no changes in the due dates or amount of my regularly scheduled payments unless
the Lender agrees to those changes in writing. | may pay deferred interest on this Note at any
time without charge and such payment will not be considered a "Prepayment" of Principal.
During the first 3 years of the loan term if | make one or more Prepayments that, in the
aggrega’ ‘exceed $5,000 in any calendar month, | must pay a prepayment charge equal to 2% of
the amount such Prepayments exceed $5,000 in that calendar month. After the first 3 years of
the loan term, | may make a full or partial Prepayment without paying any prepayment charge.
SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS.
pees
‘SD087 (2004-03-1) Page 1 FL
Es
|___tenvensuseony|
AD
a
BY SIGNING BELOW, | accept and agree to the terms contained in this Modification to the Note.
(PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW)
BORROWER(S):
= Cl aru’
SHAMEKIA FALCON
me S Ll (Seal)
‘8087 (2004-03-1) Page 20f2 FL
(20 (2004-03-01)]
Ean]
CFN 20070286942
OR BK 21832 PG 1183
RECORDED ©6/13/2007 10:46:34
Pale Beech County, Florida
ANT 119, 080. 08
Deed
Doc 416.58
ING REQUESTED BY: Intang 238.00
SAVINGS BANK Sharon R. Bock, CLERK & COMPTROLLER
Pge 1183 - 1208; (18pge)
WHEW RecorDED MAIL TO:
BANK
FATION
-ARTMENT
P.O. BOX’
SAN PS TOZEESEAS
LOAN NUMBER
NOTE AMOUNT: Ri 9,000.00
=a
¢ ()
we FOR RECORDER'S USE ONLY.
&
MORTGAGE
oe 1S A FIRST MORTGAGE
THIS MORTGAGE IS SECURITY A PROMISSORY NOTE OF EVEN DATE HEREWITH
WHICH IS DUE AND PAYABLEIN June 1, 2037,
ss eS
By
“lee
DEFINITIONS
Zea
a37
Words used in mul sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document
are also provided in Section 16.
(A) "Security instrument” means this document, which is dated May 25, 2007, together with all
Riders to this document.
{B) “Borrower” is SHAMEKIA FALCON, AN UNMARRIED WOMAN
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" is WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES.
Lender is a FEDERAL SAVINGS BANK, organized and existing under the laws of the United States.
Lender's address is 1901 Harrison Street, Oakland, CA 94612 Lenderis the mortgagee under this
Securty instrument,
FLORIDA. Single Family . Fannie MaefFreddle Mac
UNIFORM INSTRUMENT (Revisec) Form 2010 1101
[| ~ ~ =
‘SDOSEA (2004-10-1) Paget LENDER'S USE ONLY
=
Book21832/Page1183 Page 1 of 18
Dy
EES!
the promissory note signed by Borrower and dated May 25, 2007 . The Note
(0)
separ owes Lender ONE HUNDRED THOUSAND AND 00/100 Dollars
S©@
us. .00 ) plus interest. Borrower has promised to pay this debt In regular Periodic
Payments. Pay the debt in full not later than June 1, 2037.
Ce
(e) ~property"iRécbs the property thats descrbed below under the heading “Transfer of Rohs in
the Property." @
(F) “Loan” means evidenced by the Note, plus interest, any prepayment charges and late
charges due under the ail sums due under this Security Instrument, plus interest.
(G) “Riders” means all this Security Instrument that are executed by Borrower. The
following Riders are to be Borrower [check box as applicable}:
(J Adjustabie Rate Rider Condominium Rider © [_] Second Home Rider
[2 Batioon Rider Planned Unit J Quick Qualifying Rider
Rider
(J 1-4 Family Rider Payment (J Fixedadjustable
Rider Rate Rider
(J others) {specity)
{H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of taw) as well as all applicable
final, non-appealabie judicial opinions.
{l) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments
‘and other charges that are imposed on Borrower or the Property by @ condominium association,
homeowners
association or similar organization.
(J) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to
debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated
teller machine transactions, transfers initiated by telephone, wire transfers, and automated
clearinghouse transfers.
(4) “Escrow tems” means those items that are described in Section 3.
{L) "Miscellaneous Proceeds" means any compensation, settlement. award of damages, or
proceeds paid by any third party (other than Insurance proceeds paid under the coverages described
in Section 5) for: (i) damage to, or destruction of, the Property; (I) condemnation or other taking of all
of any part of the Property: (It) conveyance in lieu of condemnation; or (iv) misrepresentations of, or
omissions as to, the value and/or condition of the Property.
(M) “Mortgage insurance” means insurance protecting Lender against the nonpayment of, or
defaun on, the Loan.
FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01
‘S00568 @004-10-1) Page2
42.
Book21832/Page1184 Page 2 of 18
A
ESSE]
(N) i Payment” means the regularly scheduled amount due for ()) principal and Interest
under | }, Plus (l) any amounts under Section 3 of this Security Instrument.
(0) “RES the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
1, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to
time, or any additional
or successor of regulation that governs the same subject matter. As
used
in this . "RESPA" refers to all requirements and restrictions that are imposed
in regard
to a related mortgage loan” even if the Loan does not quality as a “federally related
mortgage loan” e
A.
{P) “Successor in of Borrower” means any party that has taken title to the Property,
whether or not that pai assumed Borrower's obligations under the Note and/or this Securty
Instrument.
TRANSFER OF RIGHTS IN
‘This Security instrument Lender: (i) the repayment of the Loan, and all renewals,
extensions
and modifications of ; and (il) the performance of Borrower's covenants and
agreements under this Security ‘and the Note. For this purpose, Borrower does hereby
mortgage, grant and convey to following described property located in the County of
PALM BEACH
LB
SEE EXHIBIT "A," ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN
which currently has the address of 221 FOXTAIL DR APT E, GREENACRES, FL 33415-6037
("Property Address"):
TOGETHER WITH all the Improvements now or hereafter erected on the property, and ail
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and
additions shail also be covered by this Security Instrument. All of the foregoing is referred to in this
Securty Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed
and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,
except for encumbrances of record. Borrower warrants and will defend generally the title to the
Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument
covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
4. Payment of Principal, Interest, Escrow items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the
Note and any prepayment charges and late charges due under the Note. Borrower shall also pay
funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Security
Instrument shall be made in U.S. currency. If any check or other instrument received by Lender as
payment under the Note or this Security instrument Is retumed to Lender unpaid, Lender may require
that any or all subsequent payments due under the Note and this Security Instrument be made in
FLORIDA - Single Famity - Fannie MaciFreddie Mac UNiFORMINSTRUMENT Form 3010 101
‘SDOSEC (2004-10-1) Pages
Book21832/Page1185 Page 3 of 18
A
P Ena
one fe of the following forms, as selected by Lender: (a) cash; (b) money order; (¢) certified
check, ‘check, treasurer's check or cashier's check, provided any such check Is drawn upon an
institution deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds:
deemed recelved by Lender when received at the location designated In the
Note of at such location as may be designated by Lender in accordance with the notice
provisionsin 45. Lender may retum any payment or partial payment if the payment or partial
payments
are f@yt to bring the Loan current. Lender may accept any payment or partial
payment insufficient tot the Loan current, without walver of any rights hereunder or prejudice to
its rights
to refuse AC ee payments in the future, but Lender is not obligated to apply
‘such payments at the ‘are accepted. If each Periodic Payment is applied as of its
due date, then Lsibes, need not pay interest on unapplied funds. Lender
scheduled may hold such
unapplied
funds until payment to bring the Loan current. If Borrower does not do so
within a reasonable
period as determined solely by Lender, Lender shail either apply such
funds or return them to lan applied or retumed earlier, such funds will be applied to the
‘outstanding principal balance he ‘Note immediately
prior to foreclosure. No offset or claim which
Borrower might have now or in the against Lender shail relieve Borrower from making payments
due under the Note and this Security ‘of performing the covenants and agreements secured
“fe
by this Securtly Instrument.
2, Application of Payments Except as otherwise described In this Section 2,
‘all payments accepted and applied by shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such
payments shall be applied to each Periodic Payment in the order in which it became due. Any
remaining amounts shall be applied first to late charges, second to any other amounts due under this
‘Security Instrument, and then to reduce the principal batance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes
‘a sufficient amount to pay any late charge due, the payment may be applied to the delinquent
payment and the late charge, If more than one Periodic Payment Is outstanding, Lender may apply
‘any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent
that, each payment can be paid in full. To the extent that any excess exists after the payment Is
applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as
described
in the Note.
‘application of payments, insurance proceeds, or Miscellaneous Proceeds te principe! due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments.
3. Funds for Escrow items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of
amounts due for: (a) taxes and assessments and other ems which can attain priority over this
‘Security Instrument 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 Section 5;
‘land (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in leu of
the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These
items are called “Escrow Items." At origination or at any time during the term of the Loan, Lender may
require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
‘land such dues, fees and assessments shall be an Escrow lem. Borrower shall promptly furnish to
Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for
FLORIDA - Single Family - Fannie Mee/Freddie
Mac UNIFORM INSTRUMENT Form 3010 1/01
|S00560 (2004-10-1) Pages
Book21832/Page1186 Page 4 of 18
Ds
B,
we
° Ena
unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow
‘may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at
waiver may only be in writing. In the event of such waiver, Borrower shall pay
directly, where payable, the amounts due for any Escrow Items for which payment of Funds
has been Lender and, # Lender requires, shail furnish to Lender receipts evidencing such
time period as Lender may require. Borrower's obligation to make such payments:
and to provide ‘shail for all purposes be deemed to be a covenant and agreement contained in
this Security ‘as the phrase “covenant and agreement” is used in Section 9. If Borrower is
obligated to pay {tems directly, pursuant to a waiver, and Borrower fails to pay the amount due
for an Escrow may exercise its rights under Section 9 and pay such amount and
Borrower shalt then under Section 9 to repay to Lender any such emount. Lender may
revoke the waiver as tog ‘Or all Escrow items at any time by @ notice given in accordance with
Section 15 and, upon |, Borrower shall pay to Lender all Funds, and in such amounts,
that are then required 3,
Lender may, at any and hold Funds in an amount (a) sufficient io permit Lender
to apply the Funds at the time under RESPA, and (b) not to exceed the maximum amount a
lender can require under RESPA, shall estimate the amount of Funds due on the basis of
current data and reasonable of expenditures of future Escrow items or otherwise in
aceordance with Applic
Related Content
in Palm Beach County
Ruling
Gary Kidgell vs County of Merced
Jul 24, 2024 |
23CV-04276
23CV-04276 Gary Kidgell v. County of Merced
Demurrer by Defendant County of Merced to first, third, fourth, fifth and sixth causes of action in
Second Amended complaint
The Demurrer to the Second Amended Complaint’s First Cause of Action for Cancellation
of a Written Instrument for failure to state a claim not barred by the statute of limitations
is SUSTAINED WITH LEAVE TO AMEND to plead around the statute of limitations.
The Demurrer to the Second Amended Complaint’s Third cause of Action for failure to
allege a fiduciary duty that was breached by the County of Merced is SUSTAINED WITH
LEAVE TO AMEND to state facts establishing a fiduciary duty owed to Plaintiff by the
City of Merced.
The Demurrer to the Second Amended Complaint’s Fourth cause of Action for failure to
allege a statutory basis for liability against the County of Merced is SUSTAINED WITH
LEAVE TO AMEND to state a statutory basis for Plaintiff’s claim.
The Demurrer to the Second Amended Complaint’s Fifth cause of Action for failure
conduct a fraud investigation of recorded documents is SUSTAINED WITH LEAVE TO
AMEND to state fact establishing a duty to conduct an investigation of recorded
documents.
The Demurrer to the Second Amended Complaint’s Sixth cause of Action for breach of
duty is SUSTAINED WITH LEAVE TO AMEND to state fact establishing a duty to breached
by the recording of the subject deed.
Motion to Strike Proofs of Service and Punitive Damages Claims in Second Amended
Complaint by Defendant City of Merced
The Motion to Strike Punitive Damages Claims is GRANTED WITH LEAVE TO AMEND to
state a cause of action and grounds for an award of punitive damages.
The Motion to Strike Proof of Service filed with the Court is DENIED AS MOOT given that
Defendant has made a general appearance in this action by filing a demurrer addressing
the merits of various causes of action therein. (See e.g. Fireman’s Fund Ins. Company v.
Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.)
Ruling
FLORIDALMA AGUSTIN, ET AL. VS GARY GILLMAN, AS TRUSTEE OF THE GILLMAN FAMILY TRUST, ET AL.
Jul 29, 2024 |
23STCV11783
Case Number:
23STCV11783
Hearing Date:
July 29, 2024
Dept:
56
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT
FLORIDALMA AGUSTIN,
et al.
,
Plaintiffs,
vs.
GARY GILLMAN,
et al.
,
Defendants.
CASE NO.: 23STCV11783
[TENTATIVE] ORDER RE: PETITIONS FOR APPROVAL OF COMPROMISE OF CLAIM OR ACTION OF DISPOSITION OF PROCEEDS OF JUDGMENT FOR MINOR
Date: July 29, 2024
Time: 9:00 a.m.
Dept. 56
MOVING PARTY:
Plaintiff Floridalma Agustin (Petitioner)
The Court has considered the moving papers.
No opposition papers were filed.
Any opposition papers were required to have been filed and served at least nine court days before the hearing under California Code of Civil Procedure (CCP) section 1005, subdivision (b).
BACKGROUND
Petitioner, individually and as guardian ad litem for minor claimants Kayro Jehiel Carranza-Agustin (10); Loida Jocabed Carranza (8); and Elimelec Aliel Carranza-Agustin (4) (collectively, Minor Claimants), and Plaintiff Hugo Adolfo Carranza (collectively Plaintiffs), initiated this action against Defendants Gary Gillman; Debbie Gillman; and Encino Management Services (collectively, Defendants).
This action arises out of a landlord/tenant relationship.
The complaint alleges: (1) breach of warranty of habitability; (2) breach of covenant of quiet enjoyment; (3) negligence; and (4) breach of contract.
Petitioner filed the instant petitions to approve the compromise of disputed claim on behalf of Minor Claimants (collectively, the Petitions).
DISCUSSION
If an action is pending and settlement is effected prior to trial, the minors compromise must be approved by the court.
(CCP § 372.)
A petition to approve a minors compromise is governed by California
Rules of Court
(CRC)
, rules 7.950,
et seq
. and
Probate Code
sections 3500 and 3600
et seq
.
The trial court is authorized to approve and allow payment of reasonable expenses, costs, and attorney fees in an action concerning the compromise of a minors claim.
(Prob. Code, § 3601, subd. (a);
Curtis v. Estate of Fagan
(2000) 82 Cal.App.4th 270, 277-79;
see also
CCP § 373.5.)
Attorneys Fees
Unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor or a person with a disability.
(CRC, r. 7.955(a).)
The court must give consideration to the terms of the agreement between the attorney and minors representative and must evaluate the agreement based on the facts and circumstances existing at the time the agreement was made.
(CRC, r. 7.955(a)(2).)
CRC Rule 7.955(b)(2) sets out nonexclusive factors the court may consider in determining the reasonableness of attorneys fees in connection with a petition for minors compromise.
Under CRC Rule 7.955(c), the petition must include a declaration by the attorney addressing the factors set forth in CRC Rule 7.955(b)(2) that are applicable to the matter that is before the Court.
Here, the Minor Claimants, by and through Petitioner, their guardian ad litem, have agreed to settle their claims against Defendants in exchange for $5,000 each.
Upon approval, $1,250 of each settlement payment will be allocated towards attorneys fees, and $725.61 will be used to reimburse the fees and costs advanced by Plaintiffs' counsel, leaving a balance of $3,024.39 to be disbursed to Petitioner for each minor claimant.
The Court finds that the settlement is fair and reasonable.
Further, the Court considers the requested amount in attorneys fees, which amounts to 25% of each settlement payment, to be fair and reasonable.
For these reasons and because they are unopposed, the Court provisionally GRANTS the Petitions, conditioned on Petitioner appearing (either remotely or in person) at the hearing.
(
Sexton v. Superior Court
(1997) 58 Cal.App.4th 1403, 1410.)
Moving party is ordered to give notice of this ruling.
Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.
Dated this 29th day of July 2024
Hon. Holly J. Fujie
Judge of the Superior Court
Ruling
YAEL MAGUIRE ET AL VS. EASTWOOD DEVELOPMENT INC. ET AL
Jul 23, 2024 |
CGC23607922
Real Property/Housing Court Law and Motion Calendar for July 23, 2024 line 3. DEFENDANT EASTWOOD DEVELOPMENT INC., LUCAS EASTWOOD, 4028 25TH STREET, LLC DEMURRER TO 1ST AMENDED COMPLAINT is continued to August 23, 2024 on Court's own motion. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
ATLANTIC MANAGEMENT, LLC VS LOS ANGELES CLINICA MEDICA GENERAL MEDICAL CENTER, INC.
Jul 26, 2024 |
23STCV28108
Case Number:
23STCV28108
Hearing Date:
July 26, 2024
Dept:
47
Tentative Ruling
Judge Theresa M. Traber, Department 47
HEARING DATE:
July 26, 2024
TRIAL DATE:
NOT SET
CASE:
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc.
CASE NO.:
23STCV28108
MOTION TO CONSOLIDATE
MOVING PARTY
: Defendant Los Angeles Clinica Medica General Medical Center, Inc.
RESPONDING PARTY(S)
: Plaintiff Atlantic Management, LLC
CASE HISTORY
:
·
11/15/23: Complaint filed.
·
05/21/24: Dismissal entered without prejudice as to all parties and all causes of action.
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
This is an unlawful detainer action. Plaintiff alleges that Defendant failed to timely vacate the premises after failing to exercise an option to renew or extend the commercial lease agreement between the parties.
Defendant moves to consolidate this action with three other actions.
TENTATIVE RULING:
Defendants Motion to Consolidate is DENIED.
DISCUSSION:
Defendant to consolidate this action,
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc
., Case No. 23STCV28108, with two other unlawful detainer actions with the same title, Case Nos. 23STUD14911 and 24STCV11586, and with the civil action entitled
Los Angeles Clinica Medica General Medical Center Inc. v. Atlantic Management LLC
, Case No. 24STCV13007.
Legal Standard for Consolidation
When actions involving a common question of law or fact are pending before the court, it may order a
joint hearing or trial
of any or all the matters in issue in the actions; it may order
all the actions consolidated
and it may make
such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay
.
(Code Civ. Proc. § 1048(a), bold emphasis added.)
Requests for Judicial Notice
Plaintiff requests that the Court take judicial notice of (1) the Request for Dismissal in this action and (2) the Request for Dismissal in the identically titled action with Case No. 23STUD14911. Plaintiffs request is GRANTED pursuant to Evidence Code section 452(d) (court records).
Procedural Requirements
A motion to consolidate must satisfy the requirements of California Rules of Court Rule 3.350, which provides, in relevant part:
(a) Requirements of motion
(1) A notice of motion to consolidate must:
(A) List all named parties in each case, the names of those who have appeared, and the names of their respective attorneys of
record;
(B) Contain the captions of all the cases sought to be consolidated, with the lowest numbered case shown first; and
(C) Be filed in each case sought to be consolidated.
(2) The motion to consolidate:
(A) Is deemed a single motion for the purpose of determining the appropriate filing fee, but memorandums, declarations, and other supporting papers must be filed only in the lowest numbered
case;
(B) Must be served on all attorneys of record and all
nonrepresented
parties in all of the cases sought to be consolidated; and
(C) Must have a proof of service filed as part of the motion.
(Cal. Rules of Court Rule 3.350(a).)
Under Los Angeles Superior Court Local Rule 3.3(g), cases must be related into the same department prior to consolidation.
Defendant seeks to consolidate this action,
Atlantic Management LLC v. Los Angeles Clinica Medica General Medical Center, Inc.
, Case No. 23STCV28108, with two other unlawful detainer actions with the same title, Case Nos. 23STUD14911 and 24STCV11586, and with the civil action entitled
Los Angeles Clinica Medica General Medical Center Inc. v. Atlantic Management LLC
, Case No. 24STCV13007.
The moving party has
not
listed the parties who have appeared in each case in the notice of motion, as required by Rule 3.350(a)(1)(A). Defendant merely recites the abbreviated case names with docket numbers for each of the cases at issue. (See Notice of Motion pp.1-2.) The moving party also has
not
listed the names of the respective attorneys of record, as required by Rule 3.350(a)(1)(A). The motion does not contain the
captions
of all the cases sought to be consolidated, as required by Rule 3.350(a)(1)(B), nor has it been filed in any of the other actions as required by Rule 3.350(a)(1)(C). Further, Defendant has neglected to include a proof of service or provide any evidence that the motion was served on
all
attorneys of record and
all
nonrepresented parties in
all
cases, as required by Rule 3.350(a)(2)(B)-(C). Moreover, the other three actions have not been related into this department, as required by Local Rule 3.3(g).
While the parties are identical across the three unlawful detainer actions and have retained the same counsel in all three cases, the civil action (Case No. 24STCV13007) names an additional party, Sergio Gutierrez, as a defendant, who is not accounted for in any of the papers. The Court therefore cannot find that Defendant has complied with the procedural requirements for a motion to consolidate.
CONCLUSION
:
Accordingly, Defendants Motion to Consolidate is DENIED.
Moving
Party
to give notice.
IT IS SO ORDERED.
Dated: July 26, 2024 ___________________________________
Theresa M. Traber
Judge of the Superior Court
Any party may submit on the tentative ruling by contacting the courtroom via email at
Smcdept47@lacourt.org
by no later than 4:00 p.m. the day before the hearing. All interested parties must be copied on the email. It should be noted that if you submit on a tentative ruling the court will still conduct a hearing if any party appears. By submitting on the tentative you have, in essence, waived your right to be present at the hearing, and you should be aware that the court may not adopt the tentative, and may issue an order which modifies the tentative ruling in whole or in part.
Ruling
Pacific Gas and Electric Company vs DKM, LLC, et al
Jul 26, 2024 |
24CV47310
24CV47310
PLAINTIFF’S MOTION FOR PRE-JUDGMENT
POSSESSION OF PROPERY
This is an action in eminent domain where Pacific Gas and Electric (“PG&E”) seeks to
take certain property (“Property”) located at 4150 Carson Street, in an unincorporated
area of Calaveras County, near Vallecito, California, also known as Calaveras County
Assessor's Parcel No. 066-025-04. DKM, LLC (“DKM”) is the fee simple interest holder
of the Property. Calaveras County Water District (“District”) and Northern California
Power Agency (“NCPA”) both hold easements on the Property.
PG&E seeks this property for the purpose of replacing and upgrading a tower and
transmission conductor as part of a larger scope of work that involves replacing
approximately 410 existing electrical transmission structures with new steel structures
(referred to as the Project). The Complaint states that the “new tower and conductor
replacement necessitates a wider span of easement to accommodate sway in the
electrical lines to ensure that PG&E's operations fall within its existing easements.”
(Complaint ¶ 6.)
PG&E seeks the following interests (the Easement Interests) in portions of the Property:
a. Plaintiff seeks to modify its existing electric transmission easement rights
in the Owner's real property described in EXHIBIT C, which modified
easement rights are described as STRIP on EXHIBIT and depicted on
EXHIBIT "A-l" and EXHIBIT "B", attached hereto and incorporated herein
as though set forth in full by this reference.
b. PG&E seeks to modify PG&E'S existing electric distribution pole line
easement rights in the Owner's real property described in EXHIBIT C,
which modified distribution easement rights are described in EXHIBIT "A"
and shown on EXHIBIT "A-2, attached hereto and incorporated herein as
though set forth in full by this reference, as STRIP ONE, STRIP TWO,
STRIP THREE, STRIP FOUR, STRIP FIVE, AND STRIP SIX.
c. The right to excavate for, construct, reconstruct, replace, remove,
maintain, inspect, use facilities and associated equipment for public utility
purposes, including but not limited to electric and communication facilities
over and across the lands described in EXHIBIT "C" and shown on
EXHIBIT "C-l" as PG&E shall from time to time deem to be reasonably
required for the transmission and distribution of electric energy, and for
communication purposes within the STRIPS of lands described in
EXHIBIT "A" and shown on EXHIBIT "A-l" EXHIBIT "A-Z".
d. The right of ingress to and egress from the STRIPS of lands as described
in EXHIBIT "A" and shown on EXHIBIT "A-l" EXHIBIT "A-2" over and
across the lands described in EXHIBIT "C" and shown on EXHIBIT "C-l"
by means of roads and lanes thereon, if such there be, otherwise by such
route or routes as shall occasion the least practicable damage and
inconvenience, provided, that such right of ingress and egress shall not
extend to any portion of the lands which is isolated from said STRIPS of
lands by any public road or highway, now crossing or hereafter crossing
said lands.
e. The right from time to time to enlarge, improve, reconstruct, relocate and
replace any facilities constructed with any other number or type of facilities
either in the original location or at any alternate location or locations within
the STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT
"A-l" EXHIBIT "A-2".
f. The right, from time to time, to trim or to cut down, without PG&E paying
compensation, any and all trees and brush now or hereafter within the
STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-
l" EXHIBIT "A-2", and shall have the further right, from time to time, to trim
and cut down trees and brush along each side of said STRIPS of lands
which now or hereafter in the opinion of PG&E may interfere with or be
hazard to PG&E facilities, or as PG&E deems necessary to comply with
applicable state or federal regulations.
g. The right to use such portion of said said lands contiguous to the STRIPS
of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-l"
EXHIBIT "A-2" as may be reasonably necessary in connection with the
excavation, construction, reconstruction, replacement, removal,
maintenance and inspection of PG&E facilities.
h. The right to install, maintain and use gates in all fences which now cross
or shall hereafter cross the STRIPS of lands as described in EXHIBIT "A"
and shown on EXHIBIT "A-l" EXHIBIT "A-2". I. The right to mark the
location of the STRIPS of lands as described in EXHIBIT "A" and shown
on EXHIBIT "A-l" EXHIBIT "A-2" by suitable markers set in the ground.
Plaintiff also seeks the enjoin the owner from:
a. Placing or constructing any building or other structures, storing flammable
substances, drill or operate any well, constructing any reservoir or other
obstruction, diminishing or substantially adding to the ground level within
the STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT
"A-l" EXHIBIT "A-2", or construct any fences that will interfere with the
maintenance and operation of PG&E facilities.
b. Depositing or allowing to be deposited, earth, rubbish, debris or any other
substance or material whether combustible or noncombustible within the
STRIPS of lands as described in EXHIBIT "A" and shown on EXHIBIT "A-
l" EXHIBIT "A-2", which not or hereafter in the opinion of PG&E may
interfere with or be hazard to the PG&E facilities installed.
Now before the Court is PG&E’s motion for prejudgment possession of the Property.
NCPA has filed a timely opposition to the motion. On July 9, 2024, DKM filed a notice of
joinder in NCPA’s opposition. The notice of joinder was filed more than thirty days after
PG&E’s notice of its intent to seek prejudgment possession. Pursuant to Code of Civil
Procedure (“CCP”) § 1255.410(d), all defendants needed to oppose the motion within
30 days of April 4, 2024. As DKM’s notice of joinder was untimely, NCPA’s opposition is
the only one that will be considered by the Court.
I. Legal Standard and Analysis
Under Code of Civil Procedure section 1255.410, a moving party may seek immediate
possession of the property to be taken or condemned. Where the motion for immediate
possession is opposed, as in this case, the Court may order prejudgment possession
after a hearing on the motion if the Court finds each of the following: 1) The plaintiff is
entitled to take the property by eminent domain; 2) The plaintiff has deposited an
amount that satisfies the legal requirements; 3) There is an overriding need for the
plaintiff to possess the property prior to the issuance of final judgment in the case, and
the plaintiff will suffer a substantial hardship if the application for possession is denied or
limited and 4) The hardship that the plaintiff will suffer if possession is denied or limited
outweighs any hardship on the defendant or occupant that would be caused by the
granting of the order of possession. (Code Civ. Proc. §1255.410(d)(2).)
Plaintiff claims all four necessary elements for prejudgment possession are satisfied.
A. Entitled to Take Property By Eminent Domain
Generally, to establish entitlement to take property for a project, a plaintiff must
establish, all of the following: (a) the public interest and necessity require the project, (b)
the project is planned or located in the manner that will be most compatible with the
greatest public good and the least private injury; and (c) the property sought to be
acquired is necessary for the project.” (Code of Civil Procedure section 1240.030.)
In support of its claim that it is entitled to take the property by eminent domain, PG&E
provides the declaration of Sanjeev S. Bhatawadekar, who is a Senior Consulting
Project Manager for PG&E. (Declaration of Sanjeev S. Bhatawadekar (“SB Decl.” ¶ 4.)
Mr. Bhatawadekar oversees the implementation of complex transmission system
projects. (Ibid.) According to Mr. Bhatawadekar, the Project is part of PG&E’s goal of
improving and enhancing the safety of its operations and the reliability of utility service
because they are upgrading and replacing hundreds of transmission structures. (Id. ¶
8.) The Project is necessary in order for PG&E to continue providing safe and reliable
electric service the public. (Id. ¶10.) Mr. Bhatawadekar further states that there is little
risk of private injury because there are no residences within the easement area and any
risk to grazing livestock will be mitigated. (Id. ¶ 13.) Finally, Mr. Bhatawadekar states
that the location has been chosen because PG&E already has existing structures in that
area. (Id. ¶ 9.) The Project only needs “a wider span of easement to accommodate
overhead sway in the electrical lines to ensure PG&E's operations fall within its existing
easements.”(Ibid.).
In opposition, Defendants argue that PG&E has failed to meet this first required element
because Plaintiff has not made a showing that it is entitled to take the property by
eminent domain as a compatible use with the Defendants’ existing public use. (Code
Civ. Proc. §1240.520). Pursuant to section 1240.510:
Any person authorized to acquire property for a particular use by eminent
domain may exercise the power of eminent domain to acquire for that use
property appropriated to public use if the proposed use will not
unreasonably interfere with or impair the continuance of the public use as
it then exists or may reasonably be expected to exist in the future.
Pursuant to section 1240.520, if it is established that the property is appropriated to
public use, the Plaintiff has the burden of proof that its proposed use satisfies the
requirements of Section 1240.510. Defendants argue PG&E acknowledges that the
Property is already appropriated to public use and that Plaintiff has failed to bear its
burden of showing that it the proposed use will not “unreasonably interfere with or
impair the continuance” of the Defendants’ current public use. Defendants argue that
Mr. Bhatawadekar’s conclusory statement that “PG&E has no evidence or reason to
believe that early possession will unreasonably displace or affect anyone in lawful
possession of the Property” (SB Decl. ¶ 13) is insufficient.
In support of its opposition, NCPA submits the declaration of Jake Eymann who is
employed by NCPA as the Hydroelectric Manager. (Declaration of Jake Eymann
(“Eymann Decl.”) ¶ 1.) NCPA acquired the generation tie line at issue in this case in
1988. (Id. ¶ 3.) Mr. Eymann declares:
NCPA operates the Collierville & Spicer Meadow Transmission Line
Project (Federal Energy Regulatory Commission [FERC] No. 11197,
"Collierville TL Project"). NCPA's rights are "project property" under
NCPA's FERC license for the Collierville TL Project, which comprises the
primary transmission lines that connect CCWD's North Fork Stanislaus
River Hydroelectric Project (FERC No. 2409) to the California Independent
System Operator (CAISO) controlled grid. NCPA must protect its rights,
use, and ability to operate and maintain the Collierville TL Project to
ensure compliance with its FERC license and to ensure its line remains
safe and operational.
Mr. Eymann further submits photos that show that PG&E’s and NCPA’s lines are near
each other on the Property. (Eymann Decl. ¶ 4, Ex. A.). Finally, Mr. Eymann avers that
based on the information provided by PG&E, “I am unable to conclude that PG&E's
Project and proposed easement will not interfere with or impact NCPA's operation and
maintenance of the Collierville TL Project.” (Id. ¶ 5.) NCPA argues that until PG&E can
establish compatibility with NCPA’s uses, the motion for prejudgment possession must
be denied. However, Mr. Eymann does not state any specific concerns about how
PG&E’s proposed Project would impact NCPA’s existing public use nor how it could
impact its FERC compliance.
In Reply, PG&E details the extensive communication between itself and NCPA
regarding the Project. In April of 2021, PG&E and NCPA entered into confidential,
nondisclosure agreements (NDA) to provide free and full disclosure of information by
PG&E to NCPA and NCPA's technical representatives about the Project. (Declaration of
Randy Kihara (“Kihara Decl.”) ¶ 5.) Over the ensuing months and years, PG&E provided
NCPA with specific information and drawings of the Project for NCPA’s review. (Id. ¶ 6.)
In April of 2024, PG&E and NCPA entered into another NDA to allow NCPA to “review
all technical engineering and electrical transmission aspects of the project.” (Id. ¶ ¶ 7,
9.) When NCPA raised concerns about whether there were sufficient clearances
between the varying structures, PG&E provided information which it believed had been
accepted as sufficient to show there would be no interference with NCPA’s lines. (Id. ¶ ¶
10-11.) Specifically, PG&E’s lines after the Project “will not extend beyond the boundary
of PG&E’s existing easement at rest conditions (no wind). Even with maximum
calculated sway conditions, PG&E’s lines will not come into physical contact with
NCPA’s lines.” (Id. ¶ 14.)
NCPA also argues NCPA is federally mandated to protect the property rights of a
FERC-licensed project. (Opposition p. 4.) NCPA states that NCPA is thus required to
seek prior FERC approval of any transfer of “project property” via condemnation. NCPA
further argues that FERC would not likely transfer its property rights to PG&E and even
if the Court ordered such transfer, FERC would condemn the rights back from PG&E
pursuant to its federal eminent domain powers. Accordingly, NCPA argues that this
would be an ultimate waste of judicial resources.
In Reply, PG&E points out that over the months and years of discussing this Project,
NCPA has never raised any concerns about its FERC-license. Further, it is unclear how
the Project would impact FERC’s property interests. PG&E already has a concurrent
easement on the Property. (Declaration of Trevor R. LaTurner (“LaTurner Decl.”) ¶ 5,
Ex. 1.) This easement preceded NCPA’s easement. (Id. ¶ 7, Ex. 3.) PG&E’s easement
specifically states that it has authority to enter the property to maintain, operate, repair
or reconstruct the transmission lines. (Id., Ex. 1.)
PG&E has sufficiently met it’s burden to show that its proposed use will not
unreasonably interfere with or impair the continuance NCPA’s use as it then exists or
may reasonably be expected to exist in the future. Accordingly, PG&E has
demonstrated that it is entitled to take the property by eminent domain.
B. Plaintiff’s Deposit
Under Section 1255.010(a), PG&E is required to deposit “the probable amount of
compensation, based on an appraisal, that will be awarded in the proceeding.” Here,
PG&E states that it has deposited with the State Condemnation Deposit Fund “probable
just compensation for the easement rights being acquired.” (SB Decl. ¶ 10.) According
to the declaration of appraiser Michelle Patton, the just compensation for the Property is
$12,300.00. (Declaration of Michelle Patton ¶ 6, Ex. A.)
NCPA does not object to the amount of the deposit.
C. Whether Plaintiff has demonstrated overriding need and substantial
hardship.
PG&E argues it has an overriding need to take the Property immediately and begin its
Project because it is a “priority project” for PG&E. (BS Decl. ¶ 11.) PG&E argues that
construction at this location and other Project locations “must be planned, coordinated
and implemented (as to materials, workers, equipment, securing necessary permit(s),
etc.) in an orderly fashion.” (Id. ¶ 11.) PG&E further argues that any delay in obtaining
possession of the Property “may result in major delays with completion of this part of the
Project and other segments of the Project.” (Id. ¶12.)
NCPA does not address PG&E’s arguments about overriding need and substantial
hardship. The Court finds the PG&E has demonstrated an overriding need to begin the
Project.
D. Balancing of the hardships between Plaintiff and Defendants.
PG&E argues that NCPA will not suffer any hardships if the motion is granted because
prejudgment possession will not “displace or unreasonably affect any person in actual
and lawful possession of the subject property interests being acquired.” (MPA p. 6.) In
contrast, PG&E states that without prejudgment possession it cannot plan and finalize
contracts, materials, and personnel and the delayed project could cause “great expense
and potential harm to PG&E and the public at large.” (Ibid.)
The Court finds that PG&E has demonstrated that its hardships will outweigh any
hardships to others.
The Motion for Prejudgment Possession is GRANTED. The parties are ordered to
come to the hearing prepared to discuss whether they can reach an agreement on
the terms and conditions pursuant to CCP section 1240.530 or whether the Court
will need to fix the terms and conditions.
Ruling
Joshua Delage et al. vs Mark Alan Wall et al.
Jul 26, 2024 |
STK-CV-URP-2023-0012309
On the court’s own motion, the Plaintiff's (1) Motion to Compel Further Responses to Form Interrogatories and Sanctions and (2) Motion to Compel Further Responses to Requests for Admissions are CONTINUED to August 1, 2024 at 9:00 am in Dept. 10B. No further briefing allowed. Blanca A. Bañuelos Judge of the Superior Court of California
Ruling
Hull, et al. vs. The Cadle Company, et al.
Jul 24, 2024 |
22CV-0200159
HULL, ET AL. VS. THE CADLE COMPANY, ET AL.
Case Number: 22CV-0200159
Tentative Ruling on Order to Show Cause Re Sanctions: An Order to Show Cause Re:
Sanctions (“OSC”) issued on May 17, 2024, to Plaintiffs James Hull and Shirley Hull for failure
to abide by California Rule of Court 3.110. Defendant Tri Counties Bank was amended into the
Complaint on January 24, 2024. There has been no summons issued for Tri Counties Bank, and
they have not been served. The matter is not at issue. No response to the OSC has been filed.
Plaintiff remains in violation of CRC 3.110. Sanctions will be imposed in the amount of $250.
The clerk is instructed to prepare a separate Order of Sanctions. The Court confirms today’s
review hearing set for 9:00 a.m.
Ruling
Parkash Pabla et al. vs Gursharn Pabla et al.
Jul 25, 2024 |
20CV-03476
20CV-03476 Parkash Pabla et al. v. Gursharn Pabla, et al.
Motion By Defendant Dual Arch International Inc. for Prevailing Party Attorney’s fees of
$136,421.03 pursuant to CCP § 1717 on Breach of Contract Claim
Remittitur was issued on July 15, 2024 returning jurisdiction to this court and
establishing that the Court of Appeal Opinion filed May 14, 2024 is now final. That
Opinion affirmed this Court’s May 9, 2023 Order adopting the tentative ruling issued on
April 25, 2023 granting the motion to tax costs and providing: “Attorney’s fees claimed
(Item 9) are not provided for by statute or contract and are therefore not permissible
costs.” The Court of Court of Appeal opinion addressed each argument that one or more
documents in the case established a right by which Plaintiffs could obtain attorney’s fees
against Defendant Dual Arch International, Inc. and found that there was no legal basis to
support a right to attorney’s fees by Plaintiffs against Defendant Dual Arch. That there is
no contractual basis for an award of attorney fees by Plaintiffs against Dual Arch is now
the law of the case and binding on all the parties.
Defendant Dual Arch now seeks an award of $136,421.03 on the grounds that it is the
prevailing party by defeating a contract claim for attorney’s fees pursuant to a non-
existant contract. (Reynolds Metals Co. v. Alperson (1979) 25 Cal.3d 124, 128-129; Pacific
Custom Pools v. Turner Construction Co. (2000) 79 Cal.App.4th 1254, 1268; Linear
Technology Corp. v. Tokyo Electron Ltd. (2011) 200 Cal.App.4th 1527, 1538; M. Perez Co.
Inc. v. Base Camp Condominium Assn. No. One (2003) 111 Cal.App.4th 456, 466;
International Billing Services, Inc. Emigh (2000) 84 Cal.App.4th 1175, 1178-1179.) The gist
of that argument is while there was no right to attorney’s fees before Plaintiffs brought,
appealed, and ultimately lost their motion for attorney’s fees based on contract, such
motion, appeal and loss created Defendant Dual Arch’s right to attorney’s fees as
prevailing party on an unsuccessful contract claim for attorney’s fees by Plaintiffs due
to the mutuality requirements of CCP § 1717.
Controlling Case Law supports the position of Defendant Dual Arch and is contrary to
the argument raised by Plaintiffs in opposition. Accordingly this Court finds that
Defendant Dual Arch is the prevailing party on the Attorney’s fee claim, that it is entitled
to an award of prevailing party attorneys fees pursuant to CCP § 1717 notwithstanding
the fact that the law of the case establishes that no applicable contract privudes a right
to attorney’s fees, and that the claim for attorney’s fees of $136,421.03 is reasonable
under the circumstances of this case. .
Order to Show Cause re Entry of Proposed Judgment
There having been no response to this Court’s Order to Show Cause why the proposed
judgment following by Plaintiffs and Cross-Defendants Jaswinder Kaur and Parkash
Pabla on the Cross-Complaint, that judgment is approved and will be signed by the
Court.
Preview
**** CASE NUMBER: 502024CA006254XXXAMB Div: Ad **** Filing # 201860776 E-Filed 07/03/2024 11:01:59 AM IN THE CIRCUIT CIVIL COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY CIVIL DIVISION US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST Plaintiff, Case No. vs. Division SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS ASSOCIATION INC., PALM BEACH COUNTY, FLORIDA, CAPITAL ONE, N.A., UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, AND UNKNOWN TENANTS/OWNERS 3, Defendants. / VERIFIED MORTGAGE FORECLOSURE COMPLAINT Plaintiff, Us BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST, by and through its undersigned attorneys, sues Defendants, SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS ASSOCIATION INC., PALM BEACH COUNTY, FLORIDA, CAPITAL ONE, N.A., UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, and states: GENERAL ALLEGATIONS 1 As of the date of the execution of this complaint, US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST, is the holder of the original note secured by the mortgage pursuant to 673.3011 Florida Statutes. The Certification of Original Promissory Note is attached hereto. VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo age a {i L FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/03/2024 11:01:59 AM 2 Defendant, SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, is the record owner of the property sought to be foreclosed by the Plaintiff, and hold title to the property subject to the Mortgage described herein. 3 Defendants, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS ASSOCIATION INC., PALM BEACH COUNTY, FLORIDA, CAPITAL ONE, N.A., UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON, UNKNOWN TENANTS/OWNERS 1, UNKNOWN TENANTS/OWNERS 2, and UNKNOWN TENANTS/OWNERS 3, are persons and/or entities who have or may claim some right, title, interest, or lien in, to, or upon the Property described below. 4 On or about May 25, 2007, SHAMEKIA FALCON executed and delivered a Note in favor of WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES. A Purchase Money Mortgage securing the Note was executed by SHAMEKIA FALCON, AN UNMARRIED WOMAN and recorded on June 13, 2007, in Official Records Book 21832, Page 1183, of the Public Records of Palm Beach County, Florida, and mortgaged the property described in the Mortgage then owned by and in possession ofthe mortgagors. Copies of the Mortgage and Promissory Note are attached hereto. Said Mortgage was subsequently assigned. The loan was subsequently modified, and a copy of the modification agreements are attached hereto. 5 On or about March 31, 2020, April 20, 2020, and May 21, 2020, Plaintiff and Defendant entered into forbearance agreement ("agreement") wherein Plaintiff agreed to defer certain monthly installment payments. A copy of US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST’S business records confirming the deferment are attached hereto. VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo age 2 6 A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for December 1, 2023, and all subsequent payments have not been made. 7 All conditions precedent to filing of this action have been performed or have occurred. 8 Plaintiff hereby accelerates all principal and interest under the Note and Mortgage to be immediately due and payable. 9 Plaintiff is due the sum of ONE HUNDRED FIVE THOUSAND FOUR HUNDRED FORTY-ONE DOLLARS AND EIGHT CENTS ($105,441.08) in principal under the Note and Mortgage, plus interest from November 1, 2023, title search expenses for ascertaining necessary parties to this action, unpaid taxes, insurance premiums, accumulated late charges, and inspection fees. The principal balance due on the Note and Mortgage consists of $103,905.95 as to the Interest-Bearing Principal Balance, and $1,535.13 as to the Deferred Principal Balance, as further defined by the forbearance agreement. 10. As a result of the default under the Note and Mortgage, it has become necessary for the Plaintiff to employ the undersigned attorneys to prosecute this action, and Plaintiff has agreed to pay such attorneys a reasonable fee for their services. Under the terms and provisions of the Note and Mortgage, Plaintiff is entitled to recover its reasonable attorney's fees in bringing this action. lL. Defendant, SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON may claim an interest in the subject property by virtue ofa claim of ownership, possession and/or occupancy of the Property. 12. Defendant, UNKNOWN SPOUSE OF SHAMEKIA FALCON A/K/A. SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON may claim an interest in the subject property by virtue of his/her marriage to SHAMEKIA FALCON A/K/A SHAMEKIA RASHUADA FALCON A/K/A SHAMEKIA R FALCON as a result of the spouse's potential VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo Page 3 homestead interest in the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 13. Defendant, THE CHARTER CLUB OF PALM BEACH #1 HOMEOWNERS ASSOCIATION, INC., may claim some interest in the subject property by virtue of any lien filed pursuant to the Declaration of Covenants and Restrictions or Declaration of Condominium and any amendments thereto recorded in the Public Records of Palm Beach County, Florida. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 14, Defendant, PALM BEACH COUNTY, FLORIDA, may claim some interest in the subject property by virtue of Mortgage recorded on June 13, 2007, in Official Records Book 21832, Page 1201, of the Public Records of Palm Beach County, Florida. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 15. Defendant, CAPITAL ONE, N.A., may claim some interest in the subject property by virtue of Judgment recorded on November 30, 2023, in Official Records Book 34692, Page 1532, of the Public Records of Palm Beach County, Florida. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. 16, Defendant, UNKNOWN TENANTS/OWNERS 1, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 17. Defendant, UNKNOWN TENANTS/OWNERS 2, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 18. Defendant, UNKNOWN TENANTS/OWNERS 3, may claim some interest in the subject property by virtue of their possession of the property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiffs Mortgage. VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo Page COUNT I MORTGAGE FORECLOSURE 19. Plaintiff re-alleges and incorporates Paragraphs | through 18 of this Complaint. 20. This is an action to foreclose the first Mortgage on real property (the "Property") in Palm Beach County, Florida, having a legal description as follows: LOT E, BLOCK 21, OF THE SUBDIVISION NAMED THE CHARTER CLUB OF PALM BEACH, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 48, PAGE(S) 114, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. with a street address of 221 FOXTAIL DR APT E, GREENACRES, FL 33415, herein referred to as "the Property.” 21. Under the terms of the Mortgage, and in accordance with Florida law, Plaintiff is entitled to foreclosure of its Mortgage upon default in payment. WHEREFORE, Plaintiff requests that this honorable Court: (a) Take jurisdiction of the parties hereto and of the subject matter hereof; (b) Order that the lien of Plaintiff's Mortgage is a valid first lien on the Property described and is superior to any lien of record; () Order foreclosure of the Mortgage, and that all Defendants named herein, their estates, and all persons claiming under or against them since the filing of the Notice of Lis Pendens, be foreclosed; (d) Determine the amount due Plaintiff under the Note and Mortgage sued upon herein, including costs, and award attorney’s fees as provided by the Note and Mortgage; (e) Order that if said sum due Plaintiff is not paid in full within the time set by this Court, the Property be sold by Order of this Court to satisfy Plaintiff's claims; Order that if the proceeds from such court ordered sale are insufficient to pay Plaintiff's claim, then a deficiency judgment be entered for the remaining sum against all Defendants who have assumed personal liability for same and who have not received a discharge in bankruptcy; VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo age (g) Order delivery and possession of the real property to the Purchaser, who shall be responsible for condominium or homeowner association assessments and other charges in accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes, respectively and upon proof of the demand or refusal of any Defendant to vacate and surrender such possession, and the clerk be directed to issue a writ of possession without further order of this Court; (h) Retain jurisdiction to determine the amounts due for condominium or homeowner association assessments and other charges in accordance with any applicable Declaration or §§718.116 and 720.3085, Florida Statutes, respectively, should Plaintiff, its successors and assigns, be the Purchaser. (i) Retain jurisdiction of this cause and the parties hereto to determine Plaintiff's entitlement to a deficiency judgment and the amount thereof; and @ Grant such other and further relief as appears just and equitable under the circumstances. [THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK- THE SIGNATURES OF THE PLAINTIFF AND ITS COUNSEL FOLLOW ON THE NEXT PAGE] VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo age 6 NOTICE UNDER FAIR DEBT COLLECTION PRACTICES ACT Pursuant to Title 15 United States Code Section 1692g(d), a communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection (a) ofthis section. VERIFICATION OF FORECLOSURE COMPLAINT Under penalty of perjury, I declare that I have read the foregoing Verified Mortgage Foreclosure Complaint, and the facts alleged therein are true and correct to the best of my knowledge and belief. US BANK TRUST NATIONAL ASSOCIATION. NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST By /s/Joshuw Stolowitz Print Name Joshua Stolowitz Title Document Verification Specialist For: NEWREZ LLC dba SHELLPOINT MORTGAGE SERVICING as Servicing Agent for US BANK TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS OWNER TRUSTEE FOR VRMTG ASSET TRUST Date ROS ESS, - pate: 7/2/29 LL BE Yennifer M. Scott/ Flortda Bar # JScott@kasslaw.com Laura E. Noyes / Florida Bar #065454 LNoyes@kasslaw.com Kass Shuler, P.A., Attorneys for Plaintiff orida Ave a, FL 2 ~~ WILLIAML. NORIEGA, JR., ESQ. ee 229-0900 FBN: 98042 WNORIEGA@KASSLAW.COM The Primary e-mail address for electronic service of all pleadings in this case under Rule 2.516 is as olows: ForeclosureService@kasslaw.com VERIFIED MORTGAGE FORECLOSURE COMPLAINT PALM BEACH COUNTY 328202/2425833/dmo age 7 WORLD SAVINGS BANK, FSB NOTE Loan Amount: $119,000.00 Loan Number SS Date: May 25, 2007 221 FOXTAIL DR APT E, GREENACRES , FL 33415-6037 [ Property Address ] 1 BORROWER'S PROMISE TO PAY In return for a loan that | have received, | promise to pay U.S. $119,000.00 (this amount is called "Principal’), plus interest, to the order of the Lender. The Lender is WORLD SAVINGS BANK, FSB, a FEDERAL SAVINGS BANK,, ITS SUCCESSORS AND/OR ASSIGNEES. | will make all payments under this Note in the form of cash, check, Electronic Fund Transfer or money order. | understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.” 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. | will pay interest at a yearly rate of 6.2008. The interest rate required by this Section 2 is the rate | will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS {A) Time and Place of Payments Iwill pay principal and interest by making a payment every month. 1 will make my monthly payment on the 1st day of each month beginning on July 1, 2007. | will make these payments every month until | have paid all of the Principal and interest and any other charges described below that | may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on June 1, 2037, | still owe amounts under this Note, | will pay those amounts in full on that date, which is called the "Maturity Date." | will make my monthly payments at 1901 HARRISON STREET, OAKLAND, CALIFORNIA 94612 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $728.84. 4 BORROWER'S RIGHT TO PREPAY [have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When | make a Prepayment, | will tell the Note Holder in writing that | am doing so. | may not designate a payment as a Prepayment if | have not made all the monthly payments due under the Note. FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 'SO247A (2004-10-41) Paget FL LENDER'S USE ONLY Baad 1 may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that | owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If | make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal | owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED {A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN calendar days after the date it is due, | will pay a late charge to the Note Holder. The amount of the charge will be 5.00% of my overdue payment of principal and interest. | will pay this late charge promptly but only ance on each late payment. (8) Default If | do not pay the full amount of each monthly payment on the date it is due, | will be in default. (C) Notice of Default If | am in default, the Note Holder may send me a written notice telling me that if | do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that | owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when | am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if | am in default at a later time. {E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys’ fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if | give the Note Holder a notice of my different address. | may give notice to Note Holder of a change of my address in writing or by calling the customer service telephone number provided on my billing statement Except as permitted above for changes of address, any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if | am given a notice of that different address. ‘LORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/04 ‘802478 (2004-101) Page FL —= i wae EES 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9%. WAIVERS: | and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the “Security Instrument”), dated the same date as this Note, protects the Note Holder from possible losses which might result if | do not keep the promises which | make in this Note. That Security Instrument describes how and under what conditions | may be required to make immediate payment in full of all amounts | owe under this Note. Some of those conditions are described as follows: 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 interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 11. DOCUMENTARY TAX The state documentary tax due on this Note has been paid on the mortgage securing this indebtedness. THIS SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS, FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/04 ‘S247 (2004-10-1) Pages FL “A SIGNATURE PAGE WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): (Seal) CLO 6 = Ail ee “SHAMEKIA FALCON Mailing Address: 221 FOXTAIL DR APT E, GREENACRES, FL 33415-6037 FLORIDA FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3210 1/01 '$0247 (2004-031) Page4 0f 4 [X15 (2004-03-41) WITHOUT RECOURSE, PAY TO THE ORDER OF successor Walls Fargo Bank, N.A., Wells Fare Bank NA., FAKIA otagage.FS, FIKIA ‘World Savings Bank, FSB. ~ (Dronda QF Brenda A. Fiores vice President Loan Documentation: DATE: May 25, 2007 GS MODIFICATION TO FIXED RATE NOTE FOR VALUE RECEIVED, | agree that the following provisions shall be incorporated into that Promissory Note ("Note") of even date herewith which | executed, To the extent that the provisions of this Modification are inconsistent with the provisions of the Note, the provisions of this Modification shall prevail and shall supersede any such inconsistent provisions in the Note. Except to the extent modified by this Modification the provisions of the Note shall remain in full orce and effect. Paragraph 4 of the Note, which is secured by the Security Instrument, is modified in its entirety as follows; 4, BORROWER'S RIGHT TO PREPAY | have the right to make payments of Principal at any time before they are due. A payment of Principal before it is due is called a "Prepayment". When | make a Prepayment, | will tell the Lender in writing that | am doing so. The Lender may require that any partial Prepayments be made on the date my regularly scheduled payments are due. If | make a partial Prepayment, there will be no changes in the due dates or amount of my regularly scheduled payments unless the Lender agrees to those changes in writing. | may pay deferred interest on this Note at any time without charge and such payment will not be considered a "Prepayment" of Principal. During the first 3 years of the loan term if | make one or more Prepayments that, in the aggrega’ ‘exceed $5,000 in any calendar month, | must pay a prepayment charge equal to 2% of the amount such Prepayments exceed $5,000 in that calendar month. After the first 3 years of the loan term, | may make a full or partial Prepayment without paying any prepayment charge. SPACE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS. pees ‘SD087 (2004-03-1) Page 1 FL Es |___tenvensuseony| AD a BY SIGNING BELOW, | accept and agree to the terms contained in this Modification to the Note. (PLEASE SIGN YOUR NAME EXACTLY AS IT APPEARS BELOW) BORROWER(S): = Cl aru’ SHAMEKIA FALCON me S Ll (Seal) ‘8087 (2004-03-1) Page 20f2 FL (20 (2004-03-01)] Ean] CFN 20070286942 OR BK 21832 PG 1183 RECORDED ©6/13/2007 10:46:34 Pale Beech County, Florida ANT 119, 080. 08 Deed Doc 416.58 ING REQUESTED BY: Intang 238.00 SAVINGS BANK Sharon R. Bock, CLERK & COMPTROLLER Pge 1183 - 1208; (18pge) WHEW RecorDED MAIL TO: BANK FATION -ARTMENT P.O. BOX’ SAN PS TOZEESEAS LOAN NUMBER NOTE AMOUNT: Ri 9,000.00 =a ¢ () we FOR RECORDER'S USE ONLY. & MORTGAGE oe 1S A FIRST MORTGAGE THIS MORTGAGE IS SECURITY A PROMISSORY NOTE OF EVEN DATE HEREWITH WHICH IS DUE AND PAYABLEIN June 1, 2037, ss eS By “lee DEFINITIONS Zea a37 Words used in mul sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section 16. (A) "Security instrument” means this document, which is dated May 25, 2007, together with all Riders to this document. {B) “Borrower” is SHAMEKIA FALCON, AN UNMARRIED WOMAN Borrower is the mortgagor under this Security Instrument. (C) "Lender" is WORLD SAVINGS BANK, FSB, ITS SUCCESSORS AND/OR ASSIGNEES. Lender is a FEDERAL SAVINGS BANK, organized and existing under the laws of the United States. Lender's address is 1901 Harrison Street, Oakland, CA 94612 Lenderis the mortgagee under this Securty instrument, FLORIDA. Single Family . Fannie MaefFreddle Mac UNIFORM INSTRUMENT (Revisec) Form 2010 1101 [| ~ ~ = ‘SDOSEA (2004-10-1) Paget LENDER'S USE ONLY = Book21832/Page1183 Page 1 of 18 Dy EES! the promissory note signed by Borrower and dated May 25, 2007 . The Note (0) separ owes Lender ONE HUNDRED THOUSAND AND 00/100 Dollars S©@ us. .00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments. Pay the debt in full not later than June 1, 2037. Ce (e) ~property"iRécbs the property thats descrbed below under the heading “Transfer of Rohs in the Property." @ (F) “Loan” means evidenced by the Note, plus interest, any prepayment charges and late charges due under the ail sums due under this Security Instrument, plus interest. (G) “Riders” means all this Security Instrument that are executed by Borrower. The following Riders are to be Borrower [check box as applicable}: (J Adjustabie Rate Rider Condominium Rider © [_] Second Home Rider [2 Batioon Rider Planned Unit J Quick Qualifying Rider Rider (J 1-4 Family Rider Payment (J Fixedadjustable Rider Rate Rider (J others) {specity) {H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of taw) as well as all applicable final, non-appealabie judicial opinions. {l) "Community Association Dues, Fees, and Assessments” means all dues, fees, assessments ‘and other charges that are imposed on Borrower or the Property by @ condominium association, homeowners association or similar organization. (J) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (4) “Escrow tems” means those items that are described in Section 3. {L) "Miscellaneous Proceeds" means any compensation, settlement. award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (I) condemnation or other taking of all of any part of the Property: (It) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) “Mortgage insurance” means insurance protecting Lender against the nonpayment of, or defaun on, the Loan. FLORIDA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 ‘S00568 @004-10-1) Page2 42. Book21832/Page1184 Page 2 of 18 A ESSE] (N) i Payment” means the regularly scheduled amount due for ()) principal and Interest under | }, Plus (l) any amounts under Section 3 of this Security Instrument. (0) “RES the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its 1, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor of regulation that governs the same subject matter. As used in this . "RESPA" refers to all requirements and restrictions that are imposed in regard to a related mortgage loan” even if the Loan does not quality as a “federally related mortgage loan” e A. {P) “Successor in of Borrower” means any party that has taken title to the Property, whether or not that pai assumed Borrower's obligations under the Note and/or this Securty Instrument. TRANSFER OF RIGHTS IN ‘This Security instrument Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of ; and (il) the performance of Borrower's covenants and agreements under this Security ‘and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to following described property located in the County of PALM BEACH LB SEE EXHIBIT "A," ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN which currently has the address of 221 FOXTAIL DR APT E, GREENACRES, FL 33415-6037 ("Property Address"): TOGETHER WITH all the Improvements now or hereafter erected on the property, and ail easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shail also be covered by this Security Instrument. All of the foregoing is referred to in this Securty Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully selsed of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 4. Payment of Principal, Interest, Escrow items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3, Payments due under the Note and this Security Instrument shall be made in U.S. currency. If any check or other instrument received by Lender as payment under the Note or this Security instrument Is retumed to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in FLORIDA - Single Famity - Fannie MaciFreddie Mac UNiFORMINSTRUMENT Form 3010 101 ‘SDOSEC (2004-10-1) Pages Book21832/Page1185 Page 3 of 18 A P Ena one fe of the following forms, as selected by Lender: (a) cash; (b) money order; (¢) certified check, ‘check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds: deemed recelved by Lender when received at the location designated In the Note of at such location as may be designated by Lender in accordance with the notice provisionsin 45. Lender may retum any payment or partial payment if the payment or partial payments are f@yt to bring the Loan current. Lender may accept any payment or partial payment insufficient tot the Loan current, without walver of any rights hereunder or prejudice to its rights to refuse AC ee payments in the future, but Lender is not obligated to apply ‘such payments at the ‘are accepted. If each Periodic Payment is applied as of its due date, then Lsibes, need not pay interest on unapplied funds. Lender scheduled may hold such unapplied funds until payment to bring the Loan current. If Borrower does not do so within a reasonable period as determined solely by Lender, Lender shail either apply such funds or return them to lan applied or retumed earlier, such funds will be applied to the ‘outstanding principal balance he ‘Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the against Lender shail relieve Borrower from making payments due under the Note and this Security ‘of performing the covenants and agreements secured “fe by this Securtly Instrument. 2, Application of Payments Except as otherwise described In this Section 2, ‘all payments accepted and applied by shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this ‘Security Instrument, and then to reduce the principal batance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes ‘a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment Is outstanding, Lender may apply ‘any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment Is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. ‘application of payments, insurance proceeds, or Miscellaneous Proceeds te principe! due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other ems which can attain priority over this ‘Security Instrument 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 Section 5; ‘land (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in leu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, ‘land such dues, fees and assessments shall be an Escrow lem. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for FLORIDA - Single Family - Fannie Mee/Freddie Mac UNIFORM INSTRUMENT Form 3010 1/01 |S00560 (2004-10-1) Pages Book21832/Page1186 Page 4 of 18 Ds B, we ° Ena unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow ‘may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, where payable, the amounts due for any Escrow Items for which payment of Funds has been Lender and, # Lender requires, shail furnish to Lender receipts evidencing such time period as Lender may require. Borrower's obligation to make such payments: and to provide ‘shail for all purposes be deemed to be a covenant and agreement contained in this Security ‘as the phrase “covenant and agreement” is used in Section 9. If Borrower is obligated to pay {tems directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow may exercise its rights under Section 9 and pay such amount and Borrower shalt then under Section 9 to repay to Lender any such emount. Lender may revoke the waiver as tog ‘Or all Escrow items at any time by @ notice given in accordance with Section 15 and, upon |, Borrower shall pay to Lender all Funds, and in such amounts, that are then required 3, Lender may, at any and hold Funds in an amount (a) sufficient io permit Lender to apply the Funds at the time under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA, shall estimate the amount of Funds due on the basis of current data and reasonable of expenditures of future Escrow items or otherwise in aceordance with Applic