Preview
4/14/2008 1:40 PM Filed Lee County Clerk of Courts
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY
AMERICAS AS TRUSTEE,
Plaintiff,
CASE NO.: 07-CA-18503
vs. DIVISION: T
JOHN PECK , et al,
Defendant(s).
PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT
TO TAX ATTORNEXS FEES AND COSTS
Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, files this Motion for
Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs and says:
1. This Motion is filed pursuant to Fla, R. Civ. P. 1.510. The particular grounds on which the Plaintiff's
Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is based are set forth below.
2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in LEE County, Florida,
the legal description of which is set forth in the Complaint.
3. Defendants were duly and regularly served with process.
4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed,
is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by
through or under them.
5. On the basis of the above grounds, the Plaintiff is entitled to a Final Judgment as a matter of law. The
substantial matters of law to be argued are as follows:
FILE_NUMBER: F07063636 DOC_ID: M005300
Cn AIAN@
b)
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6. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage
and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are
more fully set forth in the affidavits attached hereto and incorporated by reference herein as Composite Exhibit "A".
The interest of the owner of record for the property described herein is inferior and
subordinate to the interest of Plaintiff. Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888);
Int'l Kaolin Co. v. Vause, 46 So. 3 (Fla. 1908).
The lien of Plaintiff's mortgage takes priority over any other subsequent claims or
liens attaching to the property through the mortgagors, their successors, assigns and
tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard v. Fender, 140
Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater Fed. Sav. & L.
Assn, 214 So.2d 525 (Fla. 2d DCA 1968); Bancflorida v. Hayward, 689 So.2d
1052 (Fla. 1997).
As a matter of law the entire indebtedness secured by the mortgage held by Plaintiff
is due and collectible. VanHuss v. Prudential Ins. Co. of America, 123 Fla. 20, 165
So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d DCA), cert. denied, 156
So. 2d 858 (Fla. 1963); Harmony Homes, Inc. v. U.S., 936 F. Supp 907 (Fla. MD
1996).
As a matter of law and pursuant to the mortgage instrument securing the mortgage
note, Plaintiff is entitled to collect costs and attorney's fees incident to the
collection of its indebtedness and any sums advanced to prevent the impairment of
iss security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71); American Securities Co.
69 Fla. 104, 67 So. 862 (1911); Raskin v. Otten, 273 So.2d 433
fla 3rd DCA 1973); Reilly v. Barrera, 620 So. 2d 1116 (Fla. 5* DCA 1993).
Florida and other law related to notice, notes and mortgages, foreclosure, evidence,
and substantive and procedural law regarding summary judgments.
7. Attorney for Plaintiff will offer the original Note and the original Mortgage to the Court upon the
hearing of this Motion.
8. The pleading and admissions of file, together with the Affidavits attached hereto and those which
may be filed hereinafter, along with any and all depositions which may be hereinafter taken, if any, show that there
are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to Final Summary Judgment as a
matter of law upon its Complaint.WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all Defendants for
the relief set forth in its Complaint.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all
parties listed on the attached service list on this { ¢ > day of April, 2008.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
+
Nikolay Kolev
FLORIDA BAR NO. 0028005
Brianna Finch
FLORIDA BAR NO. 37467
By:
GMAC-CONV-R-abiven-F07063636IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL C x
IN AND FOR LEE COUNTY, FLORIDA i"
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY
AMERICAS AS TRUSTEE,
Plaintiff,
CASE NO.: 07-CA-18503
vs. DIVISION: T
JOHN PECK, et al,
Defendant(s).
/
AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO
ATTORNEY'S FEES AND COSTS
ON THIS DATE, before me, the undersigned authority, personally appeared Brianna Finch, who upon being
duly sworn, deposes and says as follows:
1 I am over the age of 21 and have personal knowledge of the matters set forth herein. I am an
attorney with the law firm of Florida Default Law Group, P.L. and represent our client in the above referenced
foreclosure action. As an attorney with this firm, I am familiar with the services rendered and all costs and expenses
incurred on behalf of our client in prosecuting this action.
2. This action is an uncontested residential mortgage foreclosure. In uncontested foreclosure actions,
the attorney and paralegals will perform, at a minimum, the following legal services:
A. Review Complaint, Summonses, Lis Pendens and Civil Cover Sheet;
B. Review returns of service and prepare motions for default, where applicable;
C. Where filed, review Answers and other pleadings;
D.
. Review loan documents and correspondence;
m
Review the motion for summary judgment, affidavit of indebtedness, affidavit in support of
Plaintiff's claim for fees and costs, affidavit in support of reasonableness of attorney's fees, notice of
hearing, proposed final judgment, proposed notice of sale and final disposition form.
FILE_NUMBER: F07063636 DOC_ID: M005402F. In the event this matter proceeds to sale, additional time will be incurred in preparing the bid and
ensuring that all requirements have been met to proceed to sale.
3. For all legal services performed in this uncontested residential foreclosure, Florida Default Law
Group, P.L. has agreed to charge, and this client has agreed to pay, a flat rate of $1,200.00. This represents our fee
agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter
becomes contested, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, an
hourly fee up to $175.00 per hour for services related to the contested issues. In no event does Florida Default Law
Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client.
4. Florida Default Law Group, P.L. does not create any specific timekeeping records reflecting the
amount of time spent on an uncontested residential foreclosure due to this flat fee agreement and the administrative
costs that would result. The flat fee agreement was determined by taking into account many factors including, but
not limited to, the following: the time and labor reasonable expended by lawyers in the community handling
uncontested residential foreclosures; the complexity of the foreclosure action, the experience of Florida Default Law
Group, P.L. in handling these types of matters; the industry standard for this type of loan, which is the discounted
amount that this firm and our client have agreed to as a reasonable flat fee for each individual foreclosure action
given that our client will refer this firm similar type actions in the future; and current market conditions.
5. Iam also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred on
behalf of our client in this action. These costs and expenses are as follows:
costs:
A. Title Charges: $325.00
Title Search Fee $175.00
Title Examination Fee $150.00
B. Filing Fee 263.00
C. Investigation/Service of Process 615.00
(see attached invoice)
D. Recording Fee 11.00
TOTAL $1,214.006. The title search and exam cost includes amounts paid to third parties for data and information reviewed
for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure
action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C.
FURTHER AFFIANT SAYETH NOT.
patepthis [© day of Aor. \ 2008.
Florida Default Law Group, P.L.
P.O. Box 25018
Tampa, Florida 33622-5018
(813) 251-4766
nN
Brianna Finch
FLORIDA BAR NO. 37467
The fc i i ent was swom to and subscribed before me this IC > day of
2008, by Brianna Finch, who is personally known to me.
t
NOTARY PUBIAC, Stdtd of Florida
My commission expires:__/ Tf, J QO
SHERI L. SATTERWHITE
= MY COMMISSION # DD 506117
EXPIRES: January 1
Send Nan Pak eos aeInvoice Page 1 of 2
PROVEST 01/15/2008
4520 SEEDLING CIRCLE
TAMPA, FL 33614-2400
Phone: 813-877-2844 Email: ar@provest.us
CUSTOMER BILLING INFORMATION
FLORIDA DEFAULT LAW GROUP, THE FILENUMBER: _F07063636
P.O. BOX 25018 MAIN DEFENDANT: JOHN PECK, ET AL,
PLAINTIFF: DEUTSCHE BANK TRUST COMPANY
AMERICAS AS TRUSTEE
TAMPA, FL 33622-5018 .
LAY BIVEN COUNTY: LEE
STATUS DATE DESCRIPTION TAX CHARGE TOTAL
JOHN PECK
12/27/2007 TRANSFERRED $0.00 $0.00 $0.00
12/27/2007 ISSUE $0.00 $0.00 $0.00
01/04/2008 ATTEMPTING SERVICE OUT-OF STATE - Ist $0.00 $160.00 $160.00
01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
JOYCE PECK
12272007 ‘TRANSFERRED $0.00 $0.00 $0.00
12/27/2007 ISSUE $0.00 $0.00 $0.00
01/04/2008 A IReePTING SERVICE OUT-OF STATE - Ist $0.00 $160.00 $160.00
01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR HOMECOMINGS FINANCIAL
NETWORK, INC.
122772007 TRANSFERRED $0.00 $0.00 $0.00
122772007 ISSUE $0.00 $0.00 $0.00
01/03/2008 ATTEMPTING SERVICE OUT-OF STATE. tat $0.00 $160.00 $160.00
01/04/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
‘THE DANIELS PRESERVE HOMEOWNERS’ ASSOCIATION, INC.
12272007 TRANSFERRED $0.00 $0.00 $0.00
12/27/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/03/2008 SERVICE COMPLETE $0.00 $0.00 $0.00
TENANT #1
12272007 ‘TRANSFERRED $0.00 $0.00 $0.00
12272007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00
01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00
TENANT #2
12/27/2007 TRANSFERRED $0.00 $0.00 $0.00
12/27/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00
01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00
01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00
SUBTOTAL: $615.00
httos://www.vrovest.us/trackerweb/Revorts/Invoice.aspx?CaseID=774989 04/07/2008Invoice Page 2 of 2
INVOICE INVOICE NUMBER: 774989
TOTAL EXTRA CHARGES: $0.00
PREPAID: $0.00
TOTAL: $615.00
https://www.provest.us/trackerweb/Reports/Invoice.aspx?CaseID=774989 04/07/2008IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR LEE COUNTY, FLORIDA
CIVIL ACTION
DEUTSCHE BANK TRUST COMPANY AMERICAS AS
TRUSTEE,
Plaintiff,
CASE NO.: 07-CA-18503
vs. DIVISION: T
JOHN PECK , et al,
Defendant(s).
———
AEFIDAVIT AS TO AMOUNTS DUE AND OWING
stats or__Pentisylvania
COUNTY OF __ Montgomery
BEFORE ME this day personally appeared _« ToLtcay ‘ Seplan
(Affiant) who upon oath, deposes on personal knowledge and says:
1, This Affidavit is submitted in support of Plaintiff's Motion for Final Judgment for the purpose of
showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage
and Plaintiff is entitled to a judgment as a matter of law.
2 Tam LS. GO, (title), of GMAC MORTGAGE, LLC.
GMAC MORTGAGE, LLC is the servicer of the loan. GMAC MORTGAGE, LLC is responsible for the collection of
this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have
examined all books, records, and documents kept by GMAC MORTGAGE, LLC concerning the transactions alleged in
the Complaint. All of these books, records and documents are kept by GMAC MORTGAGE, LLC in the regular course
of its business as servicer of the loan transaction and are made at or near the time by, and from information transmitted
by, persons with personal knowledge of the facts such as your Affiant. It is the regular practice of GMAC.
FILE_NUMBER: F07063636 DOC_ID: M001900
*F07063636* *M001900*MORTGAGE, LLC to make and keep these books, records, and documents, The books, records, and documents which
‘Affiant has examined are managed by employees or agents whose duty itis to keep the books accurately and completely,
Furthermore, Affiant has personal knowledge of the matters contained in the books, records and documents kept by
GMAC MORTGAGE, LLC.
3. have personal knowledge of the facts contained in this affidavit. Specifically, I have personal
Imowledge of the facts regarding the sums of money which are due and owing to DEUTSCHE BANK TRUST
COMPANY AMERICAS AS TRUSTEE pursuant to the Note and Mortgage which is the subject matter of the lawsuit,
A Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, is owed the
following sums of money as of 05/04/08:
PRINCIPAL ‘$478,280.00
INTEREST 29,464.55
PER DIEM OF $.
(8.125% interest rate)
PRE-ACCELERATION LATE CHARGES. 0.00
THROUGH December 12, 2007
PROPERTY INSPECTIONS 78.75
BANKRUPTCY FEES & COSTS
TAXES
INSURANCE 1.00
BPO FEE 135.00
PROPERTY PRESERVATION COSTS 521.10
TOTAL $508,480.40
FO70636365. DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE has employed the services of
the law firm of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida
Default Law Group, P.L. a reasonable attorney's fee for its services, along with all costs and expenses of this action, In
this uncontested foreclosure case, we have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of
$1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour.
“The foregoing instrument was sworn to and subscribed before me this_.4 day of Vere
2008, by eee Steahan ‘who is personally known to me.
‘Name Here:
NOTARY PUBLIC, State of STATE OF
My commission expires:__” “COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
FYTOE3636-7428199020 Nikole one Notary Public
GMAC-CONY Real Horsham Twp, Montgomery Count
My Commission Expires Aug, 1%, 2010
‘Member, Pennsylvania Association of NotariesService List
JOHN PECK
404 Dunrobin Lane
Simpsonville, SC 29681-4290
JOYCE PECK
404 Dunrobin Lane
Simpsonville, SC 29681-4290
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR
HOMECOMINGS FINANCIAL NETWORK, INC.
C/o Legal Department (mers), R.a.
1595 Spring Hill Road, Suite 310
Vienna, VA 22182
THE DANIELS PRESERVE HOMEOWNERS' ASSOCIATION, INC.
C/ovandall, Bonita D, R.a.
12650 Whitehall Dr
Fort Myers, FL 33907
Preview
4/14/2008 1:40 PM Filed Lee County Clerk of Courts IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff, CASE NO.: 07-CA-18503 vs. DIVISION: T JOHN PECK , et al, Defendant(s). PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT TO TAX ATTORNEXS FEES AND COSTS Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, files this Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs and says: 1. This Motion is filed pursuant to Fla, R. Civ. P. 1.510. The particular grounds on which the Plaintiff's Motion for Summary Judgment Including a Hearing to Tax Attorneys' Fees and Costs is based are set forth below. 2. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in LEE County, Florida, the legal description of which is set forth in the Complaint. 3. Defendants were duly and regularly served with process. 4. The Mortgage sued upon by Plaintiff constitutes a valid lien on the property sought to be foreclosed, is in default and is superior to any right, title, interest or claim of all Defendants and all persons or entities claiming, by through or under them. 5. On the basis of the above grounds, the Plaintiff is entitled to a Final Judgment as a matter of law. The substantial matters of law to be argued are as follows: FILE_NUMBER: F07063636 DOC_ID: M005300 Cn AIAN@ b) © @ © 6. The Note and Mortgage are in default. Moreover, Plaintiff owns and holds the Note and Mortgage and is entitled to recover its principal, interest, late charges, costs, attorney's fees, and other expenses, all of which are more fully set forth in the affidavits attached hereto and incorporated by reference herein as Composite Exhibit "A". The interest of the owner of record for the property described herein is inferior and subordinate to the interest of Plaintiff. Jordan v. Sayre, 24 Fla. 1, 3 So. 329 (1888); Int'l Kaolin Co. v. Vause, 46 So. 3 (Fla. 1908). The lien of Plaintiff's mortgage takes priority over any other subsequent claims or liens attaching to the property through the mortgagors, their successors, assigns and tenants. Lee v. Slemons, 112 Fla. 675, 150 So. 792 (1933); Bullard v. Fender, 140 Fla. 448, 192 So. 167 (1939); County of Pinellas v. Clearwater Fed. Sav. & L. Assn, 214 So.2d 525 (Fla. 2d DCA 1968); Bancflorida v. Hayward, 689 So.2d 1052 (Fla. 1997). As a matter of law the entire indebtedness secured by the mortgage held by Plaintiff is due and collectible. VanHuss v. Prudential Ins. Co. of America, 123 Fla. 20, 165 So. 896 (1936); Baader v. Walker, 153 So.2d 51 (Fla. 2d DCA), cert. denied, 156 So. 2d 858 (Fla. 1963); Harmony Homes, Inc. v. U.S., 936 F. Supp 907 (Fla. MD 1996). As a matter of law and pursuant to the mortgage instrument securing the mortgage note, Plaintiff is entitled to collect costs and attorney's fees incident to the collection of its indebtedness and any sums advanced to prevent the impairment of iss security. Ritch v. Eichelberger, 13 Fla. 169 (1869-71); American Securities Co. 69 Fla. 104, 67 So. 862 (1911); Raskin v. Otten, 273 So.2d 433 fla 3rd DCA 1973); Reilly v. Barrera, 620 So. 2d 1116 (Fla. 5* DCA 1993). Florida and other law related to notice, notes and mortgages, foreclosure, evidence, and substantive and procedural law regarding summary judgments. 7. Attorney for Plaintiff will offer the original Note and the original Mortgage to the Court upon the hearing of this Motion. 8. The pleading and admissions of file, together with the Affidavits attached hereto and those which may be filed hereinafter, along with any and all depositions which may be hereinafter taken, if any, show that there are no genuine issues as to any material facts. Accordingly, Plaintiff is entitled to Final Summary Judgment as a matter of law upon its Complaint.WHEREFORE, Plaintiff prays for entry of Final Summary Judgment in its favor against all Defendants for the relief set forth in its Complaint. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to all parties listed on the attached service list on this { ¢ > day of April, 2008. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 + Nikolay Kolev FLORIDA BAR NO. 0028005 Brianna Finch FLORIDA BAR NO. 37467 By: GMAC-CONV-R-abiven-F07063636IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL C x IN AND FOR LEE COUNTY, FLORIDA i" CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff, CASE NO.: 07-CA-18503 vs. DIVISION: T JOHN PECK, et al, Defendant(s). / AFFIDAVIT OF PLAINTIFF'S COUNSEL AS TO ATTORNEY'S FEES AND COSTS ON THIS DATE, before me, the undersigned authority, personally appeared Brianna Finch, who upon being duly sworn, deposes and says as follows: 1 I am over the age of 21 and have personal knowledge of the matters set forth herein. I am an attorney with the law firm of Florida Default Law Group, P.L. and represent our client in the above referenced foreclosure action. As an attorney with this firm, I am familiar with the services rendered and all costs and expenses incurred on behalf of our client in prosecuting this action. 2. This action is an uncontested residential mortgage foreclosure. In uncontested foreclosure actions, the attorney and paralegals will perform, at a minimum, the following legal services: A. Review Complaint, Summonses, Lis Pendens and Civil Cover Sheet; B. Review returns of service and prepare motions for default, where applicable; C. Where filed, review Answers and other pleadings; D. . Review loan documents and correspondence; m Review the motion for summary judgment, affidavit of indebtedness, affidavit in support of Plaintiff's claim for fees and costs, affidavit in support of reasonableness of attorney's fees, notice of hearing, proposed final judgment, proposed notice of sale and final disposition form. FILE_NUMBER: F07063636 DOC_ID: M005402F. In the event this matter proceeds to sale, additional time will be incurred in preparing the bid and ensuring that all requirements have been met to proceed to sale. 3. For all legal services performed in this uncontested residential foreclosure, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, a flat rate of $1,200.00. This represents our fee agreement for prosecuting this type of loan in an uncontested residential foreclosure action. In the event the matter becomes contested, Florida Default Law Group, P.L. has agreed to charge, and this client has agreed to pay, an hourly fee up to $175.00 per hour for services related to the contested issues. In no event does Florida Default Law Group, P.L. seek to recover attorney's fees greater than the amount billed to and paid by this client. 4. Florida Default Law Group, P.L. does not create any specific timekeeping records reflecting the amount of time spent on an uncontested residential foreclosure due to this flat fee agreement and the administrative costs that would result. The flat fee agreement was determined by taking into account many factors including, but not limited to, the following: the time and labor reasonable expended by lawyers in the community handling uncontested residential foreclosures; the complexity of the foreclosure action, the experience of Florida Default Law Group, P.L. in handling these types of matters; the industry standard for this type of loan, which is the discounted amount that this firm and our client have agreed to as a reasonable flat fee for each individual foreclosure action given that our client will refer this firm similar type actions in the future; and current market conditions. 5. Iam also familiar with the costs and expenses that Florida Default Law Group, P.L. incurred on behalf of our client in this action. These costs and expenses are as follows: costs: A. Title Charges: $325.00 Title Search Fee $175.00 Title Examination Fee $150.00 B. Filing Fee 263.00 C. Investigation/Service of Process 615.00 (see attached invoice) D. Recording Fee 11.00 TOTAL $1,214.006. The title search and exam cost includes amounts paid to third parties for data and information reviewed for title purposes. New House Title, L.L.C is the title company utilized to perform the title work on this foreclosure action. The owners of Florida Default Law Group, P.L. own New House Title, L.L.C. FURTHER AFFIANT SAYETH NOT. patepthis [© day of Aor. \ 2008. Florida Default Law Group, P.L. P.O. Box 25018 Tampa, Florida 33622-5018 (813) 251-4766 nN Brianna Finch FLORIDA BAR NO. 37467 The fc i i ent was swom to and subscribed before me this IC > day of 2008, by Brianna Finch, who is personally known to me. t NOTARY PUBIAC, Stdtd of Florida My commission expires:__/ Tf, J QO SHERI L. SATTERWHITE = MY COMMISSION # DD 506117 EXPIRES: January 1 Send Nan Pak eos aeInvoice Page 1 of 2 PROVEST 01/15/2008 4520 SEEDLING CIRCLE TAMPA, FL 33614-2400 Phone: 813-877-2844 Email: ar@provest.us CUSTOMER BILLING INFORMATION FLORIDA DEFAULT LAW GROUP, THE FILENUMBER: _F07063636 P.O. BOX 25018 MAIN DEFENDANT: JOHN PECK, ET AL, PLAINTIFF: DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE TAMPA, FL 33622-5018 . LAY BIVEN COUNTY: LEE STATUS DATE DESCRIPTION TAX CHARGE TOTAL JOHN PECK 12/27/2007 TRANSFERRED $0.00 $0.00 $0.00 12/27/2007 ISSUE $0.00 $0.00 $0.00 01/04/2008 ATTEMPTING SERVICE OUT-OF STATE - Ist $0.00 $160.00 $160.00 01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 JOYCE PECK 12272007 ‘TRANSFERRED $0.00 $0.00 $0.00 12/27/2007 ISSUE $0.00 $0.00 $0.00 01/04/2008 A IReePTING SERVICE OUT-OF STATE - Ist $0.00 $160.00 $160.00 01/09/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. 122772007 TRANSFERRED $0.00 $0.00 $0.00 122772007 ISSUE $0.00 $0.00 $0.00 01/03/2008 ATTEMPTING SERVICE OUT-OF STATE. tat $0.00 $160.00 $160.00 01/04/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 ‘THE DANIELS PRESERVE HOMEOWNERS’ ASSOCIATION, INC. 12272007 TRANSFERRED $0.00 $0.00 $0.00 12/27/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/03/2008 SERVICE COMPLETE $0.00 $0.00 $0.00 TENANT #1 12272007 ‘TRANSFERRED $0.00 $0.00 $0.00 12272007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00 01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00 TENANT #2 12/27/2007 TRANSFERRED $0.00 $0.00 $0.00 12/27/2007 ATTEMPTING SERVICE - Ist Address $0.00 $45.00 $45.00 01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00 01/05/2008 NON-SERVICE VACANT $0.00 $0.00 $0.00 SUBTOTAL: $615.00 httos://www.vrovest.us/trackerweb/Revorts/Invoice.aspx?CaseID=774989 04/07/2008Invoice Page 2 of 2 INVOICE INVOICE NUMBER: 774989 TOTAL EXTRA CHARGES: $0.00 PREPAID: $0.00 TOTAL: $615.00 https://www.provest.us/trackerweb/Reports/Invoice.aspx?CaseID=774989 04/07/2008IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR LEE COUNTY, FLORIDA CIVIL ACTION DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, Plaintiff, CASE NO.: 07-CA-18503 vs. DIVISION: T JOHN PECK , et al, Defendant(s). ——— AEFIDAVIT AS TO AMOUNTS DUE AND OWING stats or__Pentisylvania COUNTY OF __ Montgomery BEFORE ME this day personally appeared _« ToLtcay ‘ Seplan (Affiant) who upon oath, deposes on personal knowledge and says: 1, This Affidavit is submitted in support of Plaintiff's Motion for Final Judgment for the purpose of showing: that there is no genuine issue as to any material fact, that Plaintiff is entitled to enforce the Note and Mortgage and Plaintiff is entitled to a judgment as a matter of law. 2 Tam LS. GO, (title), of GMAC MORTGAGE, LLC. GMAC MORTGAGE, LLC is the servicer of the loan. GMAC MORTGAGE, LLC is responsible for the collection of this loan transaction and pursuit of any delinquency in payments. I am familiar with the books of account and have examined all books, records, and documents kept by GMAC MORTGAGE, LLC concerning the transactions alleged in the Complaint. All of these books, records and documents are kept by GMAC MORTGAGE, LLC in the regular course of its business as servicer of the loan transaction and are made at or near the time by, and from information transmitted by, persons with personal knowledge of the facts such as your Affiant. It is the regular practice of GMAC. FILE_NUMBER: F07063636 DOC_ID: M001900 *F07063636* *M001900*MORTGAGE, LLC to make and keep these books, records, and documents, The books, records, and documents which ‘Affiant has examined are managed by employees or agents whose duty itis to keep the books accurately and completely, Furthermore, Affiant has personal knowledge of the matters contained in the books, records and documents kept by GMAC MORTGAGE, LLC. 3. have personal knowledge of the facts contained in this affidavit. Specifically, I have personal Imowledge of the facts regarding the sums of money which are due and owing to DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE pursuant to the Note and Mortgage which is the subject matter of the lawsuit, A Plaintiff, DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE, is owed the following sums of money as of 05/04/08: PRINCIPAL ‘$478,280.00 INTEREST 29,464.55 PER DIEM OF $. (8.125% interest rate) PRE-ACCELERATION LATE CHARGES. 0.00 THROUGH December 12, 2007 PROPERTY INSPECTIONS 78.75 BANKRUPTCY FEES & COSTS TAXES INSURANCE 1.00 BPO FEE 135.00 PROPERTY PRESERVATION COSTS 521.10 TOTAL $508,480.40 FO70636365. DEUTSCHE BANK TRUST COMPANY AMERICAS AS TRUSTEE has employed the services of the law firm of Florida Default Law Group, P.L. in this action against the Defendant(s), and is obligated to pay Florida Default Law Group, P.L. a reasonable attorney's fee for its services, along with all costs and expenses of this action, In this uncontested foreclosure case, we have agreed to pay the law firm of Florida Default Law Group, P.L. a flat fee of $1,200.00. In the event the matter becomes contested, we have agreed to pay an hourly fee up to $175.00 per hour. “The foregoing instrument was sworn to and subscribed before me this_.4 day of Vere 2008, by eee Steahan ‘who is personally known to me. ‘Name Here: NOTARY PUBLIC, State of STATE OF My commission expires:__” “COMMONWEALTH OF PENNSYLVANIA Notarial Seal FYTOE3636-7428199020 Nikole one Notary Public GMAC-CONY Real Horsham Twp, Montgomery Count My Commission Expires Aug, 1%, 2010 ‘Member, Pennsylvania Association of NotariesService List JOHN PECK 404 Dunrobin Lane Simpsonville, SC 29681-4290 JOYCE PECK 404 Dunrobin Lane Simpsonville, SC 29681-4290 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED, AS NOMINEE FOR HOMECOMINGS FINANCIAL NETWORK, INC. C/o Legal Department (mers), R.a. 1595 Spring Hill Road, Suite 310 Vienna, VA 22182 THE DANIELS PRESERVE HOMEOWNERS' ASSOCIATION, INC. C/ovandall, Bonita D, R.a. 12650 Whitehall Dr Fort Myers, FL 33907