Preview
TN THE CIRCUIT COURT OF THE,
15TH JUDICIAL CIRCUIT, IN AND FOR
PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION AW
CASE NO.: 502008CA002855XXXXMB. pl
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS TRUSTEE FOR
CERTIFICATE HOLDERS OF BEAR
STEARNS, ASSET BACKED
SECURITIES I LLC, ASSET BACKED
CERTIFICATES, SERIES 2007-ACS,
Plaintiff,
vs.
STEPHEN Z. REED; | MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS INCORPORATED AS
NOMINEE FOR BANK OF ENGLAND
DBA ENG LENDING; THE VILLAGE AT
ABACOA CONDOMINIUM
ASSOCIATION, INC. | UNKNOWN
SPOUSE OF STEPHEN Z. REED; JOHN
DOE; JANE DOE AS UNKNOWN
TENANT(S) IN POSSESSION OF THE
SUBJECT PROPERTY,
Defendants.
y Gite
iu
Ol
LA
MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE
AND TO RE-ESTABLISH LOST LOAN DOCUMENTS
Plaintiff, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE
HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED
CERTIFICATES, SERIES 2007-ACS, moves the Court for entry of a Summary Final Judgment of
Foreclosure and to Re-establish Lost Loan Documents including an award of attorney's fees to Plaintiff on
the grounds that Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial matter of
law to be argued is the priority of the lien of Plaintiff's mortgage over the interest of all other Defendants in
the real property encumbered by said mortgage and Plaintiff's entitlement to an award of attomney’s fees.
In support of this motion, Plaintiff shows the Court
1. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach
County, Florida, the legal description of which is set forth in the Complaint.
08-02908The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the
right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all
interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v.
Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d
D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys
fees to Plaintiff in the event of the filing of an action for foreclosure.
The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish
that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of
the instruments creating the liens in favor of those Defendants who claim an interest in the real
property encumbered by the mortgage. Therefore, any such interest, which may be vested in the
aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v.
Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First
Federal Savings and Loan Association of St. Petersburg. 155 So. 2d 192 (Fla. 2d DCA 1963).
WHEREFORE, Plaintiff respectfully requests this Court re-establish the lost promissory note and grant its
Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for
such further relief as the Court deems just and proper.
I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following
supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness and Cost were delivered to the parties
on the attached mailing list by mail this day of _ APR 13 2008
Law Offices of Marshall C. Watson, P.A.
1800 N.W. 49" Street, Suite 120
Fort Lauderdale, Fl 33309
Telephone: (954) 453-0365/1-800-441-2438
Facsimile: (954)771-60.
By:
Rebecca Nilsen, Esq.
Bar No.: 0638811
08-02908MAILING LIST
Case No.: 502008CA002855XXXXMB
¥ STEPHEN Z. REED
1152 UNIVERSITY BLVD, APT 21
JUPITER, FLORIDA 33458-5245
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED
AS NOMINEE FOR BANK OF ENGLAND DBA ENG LENDING
C/O CT CORPORATION SYSTEM, A REGISTERED AGENT
300 SW 34™ AVENUE, SUITE 101
OCALA, FLORIDA 34474
THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC.
“ C/O DREW MELVILLE, ESQUIRE
621 NW 53° STREET
BOCA RATON, FLORIDA 33487
JOHN DOE AND JANE DOE
AS UNKNOWN TENANT (S) IN POSSESION OF SUBJECT PROPERTY
1152 UNIVERSITY BOULEVARD, UNIT #21
JUPITER, FLORIDA 33458-5245
08-02908WELLS FARGO BANK, NATIONAL, IN THE CIRCUIT COURT OF THE
ASSOCIATION, AS TRUSTEE FOR ISTH JUDICIAL CIRCUIT, IN AND FOR PALM
CERTIFICATE HOLDERS OF BEAR BEACH COUNTY, FLORIDA
STEARNS ASSET BACKED SECURITIES I CIVIL DIVISION
LLC, ASSET BACKED CERTIFICATES, CASE NO.: 502008CA002855XXXXMB,
SERIES 2007-ACS,
Plaintiff,
vs.
STEPHEN Z. REED, et al,
Defendants.
AFFIDAVIT OF TIME AND EFFORT
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared Rebecca Nilsen, who, having been duly
sworn, deposes and says:
That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for
Plaintiff in the above styled action, affiant has expended times as follows:
Review information received from client 1.00 hours
Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours
Review of returns of Service -50 hours
Review correspondence, and miscellaneous telephone communications and
memorandum to our client 1.00 hours
Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to
Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of
Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours
Attend Final Hearing (estimate) 1,00 hours
Preparation of Final Package to Court 1.00 hours
Total 8.00 hours
The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services
rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement
of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, A472 Sod 1145 (Fla. 1985).
FURTHER AFFIANT SAYETH NAUGHT
Rebecca Nilsen, Esquire
Bar No.: 0638811
day of APR 132009
Nofaty Public, Stage of FLORIDA
me ofS jotary Public ——_NoMpy pupric.
“STATE OF
#/_or produced identificatididn s Saas
be il .
Type of Identification Produced Commission #DD55154g
My Comm. Expires: 05/11/2019
Personally known
08-02908WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE
ASSOCIATION, AS TRUSTEE FOR 1$TH JUDICIAL CIRCUIT, IN AND FOR PALM
CERTIFICATE HOLDERS OF BEAR STEARNS | BEACH COUNTY, FLORIDA
ASSET BACKED SECURITIES I LLC, ASSET _| CIVIL DIVISION
BACKED CERTIFICATES, SERIES 2007-AC5, | CASE NO.: 502008CA002855XXXXMB
Plaintiff,
vs.
STEPHEN Z. REED, et al,
Defendants.
AFFIDAVIT AS TO ATTORNEY’S FEES
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who
being duly sworn, deposes and says:
1. Lam anattorney licensed to practice in the State of Florida and I have practiced law in
BROWARD County, Florida, for 21 years.
2. Plaintiff has made its file available for review in this action, and I have conferred with said
counsel regarding the services rendered by him/her herein.
3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion
is adequate, and customary.
4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney's
fees as stated above:
x a) The time and labor required, the novelty, complexity and difficulty of the
questions involved, and the skill required to perform the legal service
properly.
x b) The likelihood that the acceptance of the particular employment will preclude
other employment by the lawyer.
be
c) The fee, or rate of fee, customarily charged in this locality for legal services
of a comparable or a similar nature.
08-02908X d. The significance of, or amount involved in, the subject matter of the representation, the
responsibility involved in the representation, and the results obtained.
X e. The time limitations imposed by the client or by the circumstances and, as between attorney and
client, any additional or special time demands or requests of the attorney by the client.
X f. The nature and length of the professional relationship between said counsel and the client.
X g. The experience, reputation, diligence and ability of Plaintiff's attorney and the skill, expertise, or
efficiency of effort reflected in the actual providing of such services.
af .X. h... The fact that the fee is fixed and not contingent and the fact that.the client’s.ability to pay did not.
rest to any significant degree on the outcome of the representation,
FURTHER AFFIANT SAYETH NAUGHT.
IOTARY PUBLIC, State of Florida
Commissioned Name of Notary public
Personally Known 4 “or produced identification _
Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA
Karen S. Watson
Commission # DD551548
My Comm, Expires: 05/11/2010WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE
ASSOCIATION, AS TRUSTEE FOR 15TH JUDICIAL CIRCUIT, IN AND FOR PALM
CERTIFICATE HOLDERS OF BEAR STEARNS | BEACH COUNTY, FLORIDA
ASSET BACKED SECURITIES I LLC, ASSET _| CIVIL DIVISION
BACKED CERTIFICATES, SERIES 2007-AC5, | CASE NO.: 502008CA00285SXXXXMB
Plaintiff,
vs.
STEPHEN Z. REED, et al,
Defendants.
AFFIDAVIT OF INDEBTEDNESS
_
STATE OF
JSS:
COUNTY OF, )
BEFORE me, personally appeared Carolyn Frown who, after first duly
sworn, deposes and says:
1. Affiant is Ave of the servicing agent of the Plaintiff and is personally familiar with
the loan, which is owned by the Plaintiff and is subject matter of this action. The information
hereinafter given as to the indebtedness arising by virtue of the execution of the note and mortgage
sued upon in this action is contained in the original books and records maintained in the office of
said servicing agent. Affiant has personal knowledge of the books and records of the servicing
agent and how they are maintained as they relate to the mortgage loan owned by Plaintiff. These
books and records include data compilations of the payments, including escrow payments and
advances made and received on the mortgage loan in question, and are kept in the course of a
regularly conducted business activity by said servicing agent. The entries are made at or near the
time each payment is received by persons with knowledge of the information being recorded. It is
the regular practice of said servicing agent to make these entries at the time the payments are
received. Affiant has actual and personal knowledge of the facts stated herein and is authorized to
make this Affidavit.
2. The allegations of the Complaint filed in this action are true and correct.
08-029083. There is now due and owing to the Plaintiff upon said note and mortgage the following amounts:
a) Principal Balance on the note and mortgage $ 234,400.00
b) Accrued interest from 09/01/07 to 11/10/08 (per diem:
$43.35) $ 12,299.98
c) Restructured Interest $ 0.00
d) Escrow: $ 0.00
Taxes $_0.00
Hazard Insurance $_0.00
Flood Insurance $_0.00
Mortgage Insurance Premium $_0.00
e) Pre-Acceleration Late Charges $ 263.72
f) Property Appraisal $ 0.00
2) Property Inspections 8 0.00
h) Non-Sufficient Funds $ 0.00
i) Interest on Advances $ 0.00
j) Brokers Price Opinion $ 24.85
k) Bankruptcy Fees and Costs $ 0.00
1) Property Preservation $ 0.00
m) Escrow/Suspense Credit -$ 635.32,
4. On account of Defendants default under the note and mortgage sued upon herein, Plaintiff retained
its attorney of record and instructed the filing of this action and agreed, bound and obligated itself
to pay said attorney for his/her services on its behalf such sum as the Court shall adjudge to be
reasonable.
Sworn to ze nee a before me,
this “) © day of O
Notary Public, State of iS;
Commissioned Name ofNotary Public Z -asoa. kK: &4 buoys
Personally known _J“br produced identification
Type of Identification Produced _
08-02908WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE
ASSOCIATION, AS TRUSTEE FOR ISTH JUDICIAL CIRCUIT, IN AND FOR PALM
CERTIFICATE HOLDERS OF BEAR BEACH COUNTY, FLORIDA
STEARNS ASSET BACKED SECURITIES I CIVIL DIVISION
LLC, ASSET BACKED CERTIFICATES, CASE NO.: 502008CA002855XXXXMB
SERIES 2007-ACS,
Plaintiff,
vs.
STEPHEN Z. REED, et al,
Defendants.
AFFIDAVIT OF COSTS
STATE OF FLORIDA
COUNTY OF BROWARD
BEFORE me, the undersigned authority, personally appeared Rebecca Nilsen, Esq., who being duly sworn,
deposes and says:
1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is
authorized to make this affidavit and makes this Affidavit based on his/her own personal
knowledge.
2. Plaintiff has expended the following costs in the above foreclosure action:
Title Search & Review $ 325.00
Clerks Filing Fee $ 268.00
Service of Process $ 270.00
TOTAL $ 863.00
FURTHER AFFIANT SAYETH NAUGHT
ebecca Nilsen, Esquire
/ Bar No.: 0638811
APR 13 2009
Yommissioned Name of Notary Public
Personally known or produced identification
Type of Identification Produced
Ne OF FLORIDA
‘ Karen S. Watson
‘Commission # DDS51548
My Corr, Expires: 05/11/2010
08-02908
Preview
TN THE CIRCUIT COURT OF THE, 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DIVISION AW CASE NO.: 502008CA002855XXXXMB. pl WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS, ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2007-ACS, Plaintiff, vs. STEPHEN Z. REED; | MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR BANK OF ENGLAND DBA ENG LENDING; THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC. | UNKNOWN SPOUSE OF STEPHEN Z. REED; JOHN DOE; JANE DOE AS UNKNOWN TENANT(S) IN POSSESSION OF THE SUBJECT PROPERTY, Defendants. y Gite iu Ol LA MOTION FOR SUMMARY FINAL JUDGMENT OF FORECLOSURE AND TO RE-ESTABLISH LOST LOAN DOCUMENTS Plaintiff, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2007-ACS, moves the Court for entry of a Summary Final Judgment of Foreclosure and to Re-establish Lost Loan Documents including an award of attorney's fees to Plaintiff on the grounds that Plaintiff is entitled to such a Final Judgment as a matter of law. The substantial matter of law to be argued is the priority of the lien of Plaintiff's mortgage over the interest of all other Defendants in the real property encumbered by said mortgage and Plaintiff's entitlement to an award of attomney’s fees. In support of this motion, Plaintiff shows the Court 1. Plaintiff filed its Complaint to Foreclose a Mortgage on real property located in Palm Beach County, Florida, the legal description of which is set forth in the Complaint. 08-02908The provisions of the note and mortgage being sued upon in this action confer upon Plaintiff the right to accelerate all sums due thereunder upon the default thereof, and the right to foreclose all interests in the encumbered property which are inferior to the lien of said mortgage. Hubbard v. Highland Realty & Inv. Co., 156 So. 322 (Fla. 1934); Campbell v. Werner, 232 So. 2d 252 (Fla.3d D.C.A. 1970). The provisions of said note and mortgage also provide for an award of attorneys fees to Plaintiff in the event of the filing of an action for foreclosure. The pleadings and exhibits filed herein, as well as Plaintiff's affidavit in support hereof, establish that Plaintiff's mortgage is a purchase money mortgage or was recorded prior to the recording of the instruments creating the liens in favor of those Defendants who claim an interest in the real property encumbered by the mortgage. Therefore, any such interest, which may be vested in the aforesaid Defendants, is subordinate and inferior to the lien of Plaintiff's mortgage. Sarmiento v. Stockton, Whatley, Davin & Co., Inc., 399 So. 2d 1057 (Fla. 3d DCA 1981), United States v. First Federal Savings and Loan Association of St. Petersburg. 155 So. 2d 192 (Fla. 2d DCA 1963). WHEREFORE, Plaintiff respectfully requests this Court re-establish the lost promissory note and grant its Motion for Summary Final Judgment of Mortgage Foreclosure including an award of attorney's fees and for such further relief as the Court deems just and proper. I HEREBY CERTIFY that a true copy of the foregoing Motion for Summary Judgment, and the following supporting affidavits: Time & Effort, Attorney’s Fees, Indebtedness and Cost were delivered to the parties on the attached mailing list by mail this day of _ APR 13 2008 Law Offices of Marshall C. Watson, P.A. 1800 N.W. 49" Street, Suite 120 Fort Lauderdale, Fl 33309 Telephone: (954) 453-0365/1-800-441-2438 Facsimile: (954)771-60. By: Rebecca Nilsen, Esq. Bar No.: 0638811 08-02908MAILING LIST Case No.: 502008CA002855XXXXMB ¥ STEPHEN Z. REED 1152 UNIVERSITY BLVD, APT 21 JUPITER, FLORIDA 33458-5245 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INCORPORATED AS NOMINEE FOR BANK OF ENGLAND DBA ENG LENDING C/O CT CORPORATION SYSTEM, A REGISTERED AGENT 300 SW 34™ AVENUE, SUITE 101 OCALA, FLORIDA 34474 THE VILLAGE AT ABACOA CONDOMINIUM ASSOCIATION, INC. “ C/O DREW MELVILLE, ESQUIRE 621 NW 53° STREET BOCA RATON, FLORIDA 33487 JOHN DOE AND JANE DOE AS UNKNOWN TENANT (S) IN POSSESION OF SUBJECT PROPERTY 1152 UNIVERSITY BOULEVARD, UNIT #21 JUPITER, FLORIDA 33458-5245 08-02908WELLS FARGO BANK, NATIONAL, IN THE CIRCUIT COURT OF THE ASSOCIATION, AS TRUSTEE FOR ISTH JUDICIAL CIRCUIT, IN AND FOR PALM CERTIFICATE HOLDERS OF BEAR BEACH COUNTY, FLORIDA STEARNS ASSET BACKED SECURITIES I CIVIL DIVISION LLC, ASSET BACKED CERTIFICATES, CASE NO.: 502008CA002855XXXXMB, SERIES 2007-ACS, Plaintiff, vs. STEPHEN Z. REED, et al, Defendants. AFFIDAVIT OF TIME AND EFFORT STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Rebecca Nilsen, who, having been duly sworn, deposes and says: That, he/she is employed as an attorney at the Law Offices of Marshall C. Watson, P.A, that as attorney for Plaintiff in the above styled action, affiant has expended times as follows: Review information received from client 1.00 hours Preparation of Lis Pendens, Complaint, Summons, and Civil Cover Sheet 1.25 hours Review of returns of Service -50 hours Review correspondence, and miscellaneous telephone communications and memorandum to our client 1.00 hours Preparation of Motion for Summary Final Judgment of Foreclosure, Affidavit as to Indebtedness, Attorney’s Fee Affidavit, Affidavit of Time and Effort, Notice of Hearing, Proposed Final Judgment, Proposed Notice of Sale and Final Disposition Form 2.25 hours Attend Final Hearing (estimate) 1,00 hours Preparation of Final Package to Court 1.00 hours Total 8.00 hours The Law Offices of Marshall C. Watson, P.A has agreed to charge a flat-fee of $1,200.00 for services rendered as described above. Affiant certifies that there are no reasons for either reduction or enhancement of the fee pursuant to Florida Patients’ Compensation Fund v. Rowe, A472 Sod 1145 (Fla. 1985). FURTHER AFFIANT SAYETH NAUGHT Rebecca Nilsen, Esquire Bar No.: 0638811 day of APR 132009 Nofaty Public, Stage of FLORIDA me ofS jotary Public ——_NoMpy pupric. “STATE OF #/_or produced identificatididn s Saas be il . Type of Identification Produced Commission #DD55154g My Comm. Expires: 05/11/2019 Personally known 08-02908WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE ASSOCIATION, AS TRUSTEE FOR 1$TH JUDICIAL CIRCUIT, IN AND FOR PALM CERTIFICATE HOLDERS OF BEAR STEARNS | BEACH COUNTY, FLORIDA ASSET BACKED SECURITIES I LLC, ASSET _| CIVIL DIVISION BACKED CERTIFICATES, SERIES 2007-AC5, | CASE NO.: 502008CA002855XXXXMB Plaintiff, vs. STEPHEN Z. REED, et al, Defendants. AFFIDAVIT AS TO ATTORNEY’S FEES STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared ANTHONY LEPORE, ESQ, who being duly sworn, deposes and says: 1. Lam anattorney licensed to practice in the State of Florida and I have practiced law in BROWARD County, Florida, for 21 years. 2. Plaintiff has made its file available for review in this action, and I have conferred with said counsel regarding the services rendered by him/her herein. 3. In my opinion, a flat-fee arrangement of $1,200.00 by said counsel from inception to completion is adequate, and customary. 4. Ihave evaluated the factors checked below in determining my opinion of a reasonable attorney's fees as stated above: x a) The time and labor required, the novelty, complexity and difficulty of the questions involved, and the skill required to perform the legal service properly. x b) The likelihood that the acceptance of the particular employment will preclude other employment by the lawyer. be c) The fee, or rate of fee, customarily charged in this locality for legal services of a comparable or a similar nature. 08-02908X d. The significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained. X e. The time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client. X f. The nature and length of the professional relationship between said counsel and the client. X g. The experience, reputation, diligence and ability of Plaintiff's attorney and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. af .X. h... The fact that the fee is fixed and not contingent and the fact that.the client’s.ability to pay did not. rest to any significant degree on the outcome of the representation, FURTHER AFFIANT SAYETH NAUGHT. IOTARY PUBLIC, State of Florida Commissioned Name of Notary public Personally Known 4 “or produced identification _ Type of identification produced NOTARY PUBLIC-STATE OF FLORIDA Karen S. Watson Commission # DD551548 My Comm, Expires: 05/11/2010WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE ASSOCIATION, AS TRUSTEE FOR 15TH JUDICIAL CIRCUIT, IN AND FOR PALM CERTIFICATE HOLDERS OF BEAR STEARNS | BEACH COUNTY, FLORIDA ASSET BACKED SECURITIES I LLC, ASSET _| CIVIL DIVISION BACKED CERTIFICATES, SERIES 2007-AC5, | CASE NO.: 502008CA00285SXXXXMB Plaintiff, vs. STEPHEN Z. REED, et al, Defendants. AFFIDAVIT OF INDEBTEDNESS _ STATE OF JSS: COUNTY OF, ) BEFORE me, personally appeared Carolyn Frown who, after first duly sworn, deposes and says: 1. Affiant is Ave of the servicing agent of the Plaintiff and is personally familiar with the loan, which is owned by the Plaintiff and is subject matter of this action. The information hereinafter given as to the indebtedness arising by virtue of the execution of the note and mortgage sued upon in this action is contained in the original books and records maintained in the office of said servicing agent. Affiant has personal knowledge of the books and records of the servicing agent and how they are maintained as they relate to the mortgage loan owned by Plaintiff. These books and records include data compilations of the payments, including escrow payments and advances made and received on the mortgage loan in question, and are kept in the course of a regularly conducted business activity by said servicing agent. The entries are made at or near the time each payment is received by persons with knowledge of the information being recorded. It is the regular practice of said servicing agent to make these entries at the time the payments are received. Affiant has actual and personal knowledge of the facts stated herein and is authorized to make this Affidavit. 2. The allegations of the Complaint filed in this action are true and correct. 08-029083. There is now due and owing to the Plaintiff upon said note and mortgage the following amounts: a) Principal Balance on the note and mortgage $ 234,400.00 b) Accrued interest from 09/01/07 to 11/10/08 (per diem: $43.35) $ 12,299.98 c) Restructured Interest $ 0.00 d) Escrow: $ 0.00 Taxes $_0.00 Hazard Insurance $_0.00 Flood Insurance $_0.00 Mortgage Insurance Premium $_0.00 e) Pre-Acceleration Late Charges $ 263.72 f) Property Appraisal $ 0.00 2) Property Inspections 8 0.00 h) Non-Sufficient Funds $ 0.00 i) Interest on Advances $ 0.00 j) Brokers Price Opinion $ 24.85 k) Bankruptcy Fees and Costs $ 0.00 1) Property Preservation $ 0.00 m) Escrow/Suspense Credit -$ 635.32, 4. On account of Defendants default under the note and mortgage sued upon herein, Plaintiff retained its attorney of record and instructed the filing of this action and agreed, bound and obligated itself to pay said attorney for his/her services on its behalf such sum as the Court shall adjudge to be reasonable. Sworn to ze nee a before me, this “) © day of O Notary Public, State of iS; Commissioned Name ofNotary Public Z -asoa. kK: &4 buoys Personally known _J“br produced identification Type of Identification Produced _ 08-02908WELLS FARGO BANK, NATIONAL IN THE CIRCUIT COURT OF THE ASSOCIATION, AS TRUSTEE FOR ISTH JUDICIAL CIRCUIT, IN AND FOR PALM CERTIFICATE HOLDERS OF BEAR BEACH COUNTY, FLORIDA STEARNS ASSET BACKED SECURITIES I CIVIL DIVISION LLC, ASSET BACKED CERTIFICATES, CASE NO.: 502008CA002855XXXXMB SERIES 2007-ACS, Plaintiff, vs. STEPHEN Z. REED, et al, Defendants. AFFIDAVIT OF COSTS STATE OF FLORIDA COUNTY OF BROWARD BEFORE me, the undersigned authority, personally appeared Rebecca Nilsen, Esq., who being duly sworn, deposes and says: 1. He/She is attorney of record for the Plaintiff in the above styled action and that he/she is authorized to make this affidavit and makes this Affidavit based on his/her own personal knowledge. 2. Plaintiff has expended the following costs in the above foreclosure action: Title Search & Review $ 325.00 Clerks Filing Fee $ 268.00 Service of Process $ 270.00 TOTAL $ 863.00 FURTHER AFFIANT SAYETH NAUGHT ebecca Nilsen, Esquire / Bar No.: 0638811 APR 13 2009 Yommissioned Name of Notary Public Personally known or produced identification Type of Identification Produced Ne OF FLORIDA ‘ Karen S. Watson ‘Commission # DDS51548 My Corr, Expires: 05/11/2010 08-02908