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IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY,
FLORIDA
CIVIL DEV;
CASE
207CA0 12107 XY BS
BAY REACH CONDOMINIUM ASSOCIATION,
INC., a Florida Corporation not-for-profit,
Plaintiff, ae
(Youre C. KING, UNKNOWN SPOUSE OF DIANE
C. KING, if any, and UNKNOWN TENANT(S) IN
POSSESSION, if any,
vs.
Defendants.
: Dz
COMPLAINT FOR FORECLOSURE AND DAMAGES 2 a
COMES NOW the Plaintiff, BAY REACH CONDOMINIUM ASSOCIATION; NC.
Florida Corporation, hereinafter referred to as, "Association", ‘or “Plaintiff”, Ts [ees the Defendants,
DIANE C. KING, UNKNOWN SPOUSE OF DIANE C. KING, if any, and UNKNOWN TENANT(S) IN
POSSESSION, if any, the name being fictitious to account for parties that may be in possession, for
foreclosure of a lien filed pursuant to the Declaration of Condominium of Bay Reach Condominium
Association, Inc., hereinafter referred to as "Declaration", and for. damages, and as grounds therefore would
show to the Court as follows:
COUNTI
1. This is an action to foreclose a lien on real property located in Palm Beach County, Florida.
2. Plaintiff is a not-for-profit Corporation organized under the laws of the State of Florida for the
purposes of governing the unit owners of the BAY REACH CONDOMINIUM
ASSOCIATION, INC., located in Palm Beach County, Florida.
3. Defendant DIANE C. KING is the record owner of a unit at BAY REACH CONDOMINIUM
ASSOCIATION, INC., more particularly described as:
Building No. 1135, Unit No. 205, BAY REACH, a Condominium, according to the Declaration
of Condominium thereof, recorded in Official Records Book 17105, at Page 1454, of the PublicRecords of Palm Beach County, Florida; together with an undivided interest in the common
elements appurtenant thereto.
More commonly known as 1135 Lakeshore Drive, Unit 205, Lake Park, FL 33403
4. Defendant DIANE C. KING obtained title to the aforementioned unit on November 16, 2004,
subject to the association’s governing documents, including but not limited to the Declaration of
Condominium.
5. The Declaration provides at Section XII, Paragraph C, in pertinent part the following:
"...Common expenses shall be shared by each Unit in accordance with each Unit’s
respective interests in the common elements..."
6. The Declaration provides at Section XIII, Paragraph A through E, in pertinent part the
following:
“A. The Association, through its Board of Directors, shall have the power to fix and
determine from time to time, a budget necessary to provide for the common
expenses of the Condominium. A unit owner, regardless of how title is acquired,
shall be liable for all assessments coming due while such unit owners is the owner
of a Unit. In addition, the purchaser of a Unit shall be jointly and severally liable
with the seller of such Unit for all unpaid assessments against the Unit being
conveyed, up to the time of such conveyance...
C. Each unit owner shall be responsible for the payment of the assessments
imposed against the unit owner’s Unit.
D Regular assessments shall be paid by the unit owners on a monthly basis payble
on the first day of each and every month...
E. Should the Association, through its Board of Directors, at any time determine
that the assessments made are not sufficient to pay the common expenses and in the
event of emergencies, the Board of Directors shall have the * authority to levy and
collect additional and/or special assessments...”
7. The Declaration provides at Section XII, Paragraph J, in pertinent part the following:
“Assessments not paid within five (5) days of when due shall bear interest from the date
when due until paid at the rate of eighteen percent (18%) per annum. Additionally, the
failure to pay any assessment within five (5) days from the date due shall entitle the
Association to levy an administrative late fee, in addition to interest upon the delinquent
assessment, in an amount not to exceed the greater of $25.00 or five percent (5.00%) of
each installment of the delinquent assessment, said administrative late fee to be imposed
against the delinquent unit owner for each thirty (30) day period that the assessment
remains delinquent...”
8. The Declaration provides at Section XIII, Paragraph K, in pertinent part the following:
“The Association is hereby granted a lien on each Unit, which lien shall secure the payment
of all assessments, interest thereon, and reasonable attorneys’ fees incurred as an incident to
the enforcement of said lien...”
eee9. The Declaration provides at Section XII, Paragraph L, in pertinent part the following:
“Liens for assessments may be foreclosed by suit brought in the name of the Association in like
manner as a foreclosure of a mortgage on real property, as more fully set forth in.the Act. The
Association may bid at any sale and apply as a cash credit against its bid all sums due the
Association covered by the lien being enforced...”
That pursuant to the Declaration, the Plaintiff has levied assessments against the unit owned by
Defendant DIANE C. KING. Said assessments represent the Defendants’ pro rata share for the common
expenses per assessment period.
10. That the assessments were due and payable by the Defendant DIANE C. KING to the Plaintiff
pursuant to the provisions of the Declaration in the following amounts:
Balance December 2005 Maintenance: $130.30
Special Assessment (due 12/1/05): $786.00
January 2006 Maintenance (due 1/1/06): $237.78
February 2006 Maintenance (due 2/1/06): $237.78
March 2006 Maintenance (due 3/1/06): $237.78
April 2006 Maintenance (due 4/1/06): $237.78
May 2006 Maintenance (due 5/1/06): $237.78
June 2006 Maintenance (due 6/1/06): $237.78
July 2006 Maintenance (due 7/1/06): $237.78
August 2006 Maintenance (due 8/1/06): $237.78
September 2006 Maintenance (due 9/1/06): $237.78
October 2006 Maintenance (due 10/1/06): $237.78
November 2006 Maintenance (due 11/1/06): $237.78
December 2006 Maintenance (due 12/1/06): $237.78
January 2007 Maintenance (due 1/1/07): $307.25
February 2007 Maintenance (due 2/1/07): $307.25
March 2007 Maintenance (due 3/1/07): $307.25
April 2007 Maintenance (due 4/1/07): $307.25
May 2007 Maintenance (due 5/1/07): $210.91
Loan Special Assessment (due 5/1/07): $328.58
June 2007 Maintenance (due 5/1/07): $210.91
July 2007 Maintenance (due 5/1/07): $210.91
Total* : $5,959.97
(*Said sum does not include late fees, interest, legal fees and costs, nor does it include
assessments after July 1, 2007, which may become due and payable during the course
of this cause.)
However, the Plaintiff has not received payment from Defendant DIANE C. KING of the amount
due for these charges, additional assessments coming due since the filing of the lien, plus interest,
court costs, and a reasonable attorneys fee.11. On or about March 15, 2007, the Plaintiff caused a Claim of Lien to be recorded in the Public
Records of Palm Beach County, Florida, in Official Record Book 21520, Page 1912. A copy of the
Claim of Lien is attached hereto as Exhibit "A" and incorporated herein by this.reference.
12. The Declaration provides that in the event any assessment is not paid prior to becoming delinquent
and prior to a lien being filed to enforce the assessment, the Plaintiff shall be entitled to add all costs
of enforcing the obligation including reasonable attorneys fees and interest at the highest rate allowed
by law. The Plaintiff has incurred and is continuing to incur attorney’s fees and costs in the
prosecution of this action.
13. All conditions precedent to the filing of this action have been performed or waived.
14. The Notice required by the Fair Debt Collection Practices Act, 15, U.S.C., Section 1601, as amended
is attached hereto and incorporated herein as Exhibit “B”.
15. The interest of the Defendants are subject, subordinate and inferior to the right, title, interest, and the
lien of Plaintiff.
16. UNKNOWN TENANT(S) IN POSSESSION, if any the name being fictitious to account for parties in
possession that may claim some interest in the Property that is the subject of this action by virtue of an
unrecorded lease or purchase option, by virtue of possession or may otherwise claim an interest in the
Property.
17. UNKNOWN SPOUSE OF DIANE C. KING, if any, may have or claim an interest in the Property that
is the subject of this action by virtue of homestead rights, possession, or any right of redemption, or
may otherwise claim an interest in the Property.
WHEREFORE, Plaintiff prays this Honorable Court enter a judgment against the Defendant as follows:
A. That this Court determine that Plaintiff's interest is superior to the Defendants’, all of the sums owed
by the Defendant DIANE C. KING to the Plaintiff be declared a lien on the subject premises and prior to the
lien or claim of any other subsequent lienholder, if any, and
B. That this Court enter a decree ordering the sale of the subject premises by the Clerk of the Circuit
Court, proceeds of the sale to be applied to the payment of the amount due to the Plaintiff, andC. That the Plaintiff have judgment and execution against the Defendant DIANE C. KING for any
deficiency which may remain after applying all of the proceeds of the sale of the subject premises properly
applicable to the satisfaction of the judgment, and
D. For costs of this action including interest and a reasonable attorneys’ fee pursuant to the Plaintiff
association’s Declaration at Article XIII, Paragraph K, and
E. That the rights, title and interest of any Defendant, or any party claiming by, through, under or against
any Defendants named herein or hereafter made a Defendant be forever barred and foreclosed.
COUNT II/ DAMAGES
COMES NOW, the Plaintiff and sues Defendant DIANE C. KING for damages and alleges:
18. Plaintiff adopts and re-alleges Paragraphs 2-19, as if fully set forth herein.
19. That in accordance with the provisions of the Declaration the Plaintiff is entitled to bring an action
for damages as a result of the Defendant’s failure to pay assessments as they become due to the Plaintiff.
20. The Defendant DIANE C. KING has failed and refused to pay the assessments due and detailed in
Paragraph 10, above.
21. There is a total sum outstanding to the Plaintiff in the amount of $5,959.97, plus any additional
assessments which may have come due since the instigation of this suit, plus interest and any additional
costs and a reasonable attorneys fee, for all of which Defendants are responsible.
WHEREFORE, Plaintiff moves this Honorable Court for entry of an order as follows:
A. The award of damages against the Defendant DIANE C. KING in the amount of $5,959.97, plus
any damages accruing after the filing of this suit, and”
B. To award all costs of this action, including interest and a reasonable attorney’s fee pursuant to
the Declaration at Article XIII, Paragraph K, and
C. Such other and further relief as the Court may deem just and proper.
HILLEY & WYANT-CORTEZ, P.A.
860 US Highway One, Suite 108
North Palm Beach, FL 33408
(561) 627,0009
Fla. Bar No. 83879RETURN TO:
THERESA M. LEMME
ST. JOHN, CORE & LEMME, P.A.
Will Call Box 110 (Palm Beach County Only)
Centurion Tower, Suite 701
1601 Forum Place
West Palm Beach, Florida 33401
(561) 655-8994
CLAIM OF LIEN
—_—_——
tage REALE
CFN. 20070129807
OR BK 21520 PG 1912
RECORDED 03/15/2007 15:56:41
Palm Beach County, Florida
Sharon R. Bock,CLERK & COMPTROLLER
Pg 1912; (1pg)
STATE OF FLORIDA
ss
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Theresa M. Lemme, who, after being duly sworn,
says that she is agent for BAY REACH CONDOMINIUM ASSOCIATION, INC. (the "Association"), Post Office
Address: 1601 Forum Place, Suite 701, West Palm Beach, Florida 33401, and that pursuant to the Chapter 718, Florida
Statutes, and the Declaration of Condominium governing the Association, the Association is owed the following
assessments for common expenses:
Due Amt Due Amt
December 31, 2005 *$777.00 December 31, 2005 **$786.00
December 31, 2006 ***$2,853.36 January 01, 2007 $307.25 -
February 01, 2007 $307.25 March 01, 2007 $307.25
* Assessment Balance Due Through December 31, 2005
** Special Assessment Balance Due Through December 31, 2005
*** Assessment Balance Due Through December 31, 2006
In addition, a lien for legal fees-and costs is claimed, together with interest at the rate of 18% per annum and further
additional maintenance and special assessments which have come due or will come due subsequent to the last due date
listed herein above, interest as it accrues, and costs of collection including attorneys’ fees after said due date, up to and
including the date of payment and release of this Claim of Lien.
‘The Lienor claims this lien on the following described property in Palm Beach County, Florida:
Building No. 1135, Unit No. 205, BAY REACH, a Condominium, according to the Declaration of
Condominium thereof, recorded in Official Records Book 17105, at Page 1454, of the Public Records
of Palm Beach County, Florida; together with an undivided interest in the common elements appurtenant
thereto,
currently owned by DIANE C KING.
The amount due to the Lienor remains outstanding as of March 13, 2007.
Signed, sealed and delivered in the presence of: BAY REACH Ci MINTUM ASSOCIATION, INC.
beam ae Byx I WA
y Co
THERESA M. LEMME, Authorized Agent
The foregoing instrument was acknowledged before me on this S day of March, 2007, by Theresa M. Lemme, “8
who is personally known to me and who did take an oath. 7NOTICE REQUIRED BY THE
FAIR DEBT COLLECTION PRACTICES ACT, (THE ACT)
15 U.S.C. SECTION 1601 AS AMENDED
This law firm may be deemed a “debt collector" under the Fair Debt
Collection Practices Act. Any and all information obtained during the
prosecution of this lawsuit may be used for the purposes of collecting a debt.
The amount of the debt is stated in Paragraph 10 of the Complaint attached
hereto.
The plaintiff as named in the attached complaint is the creditor to whom the
debt is owed, or is the authorized agent of the creditor to whom the debt is
owed. The undersigned attorney represents the interests of the plaintiff.
The debt described in the complaint and evidenced by the document(s)
attached to the complaint will be assumed to be valid by the creditor's law
firm unless the debtor, within thirty days after the receipt of this notice,
disputes in writing the validity of the debt or some portion thereof.
If the’ debtor notifies the creditor's law firm in writing within thirty days of the
receipt of this notice that the debt or any portion thereof is disputed, the
creditor's law firm will obtain a verification of the debt and a copy of the
verification will be mailed to the debtor by the creditor's law firm.
If the creditor named as the plaintiff in the attached complaint is not the
original creditor and if the debtor makes a written request to the creditor's law
firm within the thirty days from the receipt of this notice, the address of the
original creditor will be mailed to the debtor by the creditor's law firm.
Written requests should be addressed to HILLEY & WYANT-CORTEZ, P.A.,
Lora D. Howe, Esquire, 860 US Highway One, Suite 108, North Palm Beach,
Florida 33408.
EXHIBITCustom, Payment Entry (CBAPAYM)(JISPROD)
PayoriD: | | [RILLEY & WraNT-CORTEZ PA
| PayType: | [CHEC [GEN [CHECKRECEIVED GENERAL ACCT Amt [ 261.60 +
Check/CC No: }11665 Authorization No:
PeEEEEEEEEEEE Ee
Account | | [_
Auth IG: | | a
All
Fees Pri Case ID Description Party ID _| SOARS
[Gea EES Sal am O-
—
Viol(Dock = Cat Fee Description Amount. Balance
Total Tendered: 261.60 Total Fees Applied: 261.60
(Outstanding Balance: Cash Payment Change Due:
Account Check Payment Refund Amount
PianFees | ViewAll | Docket | Receipt | Rollback | Save | ext |
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IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CIVIL DEV; CASE 207CA0 12107 XY BS BAY REACH CONDOMINIUM ASSOCIATION, INC., a Florida Corporation not-for-profit, Plaintiff, ae (Youre C. KING, UNKNOWN SPOUSE OF DIANE C. KING, if any, and UNKNOWN TENANT(S) IN POSSESSION, if any, vs. Defendants. : Dz COMPLAINT FOR FORECLOSURE AND DAMAGES 2 a COMES NOW the Plaintiff, BAY REACH CONDOMINIUM ASSOCIATION; NC. Florida Corporation, hereinafter referred to as, "Association", ‘or “Plaintiff”, Ts [ees the Defendants, DIANE C. KING, UNKNOWN SPOUSE OF DIANE C. KING, if any, and UNKNOWN TENANT(S) IN POSSESSION, if any, the name being fictitious to account for parties that may be in possession, for foreclosure of a lien filed pursuant to the Declaration of Condominium of Bay Reach Condominium Association, Inc., hereinafter referred to as "Declaration", and for. damages, and as grounds therefore would show to the Court as follows: COUNTI 1. This is an action to foreclose a lien on real property located in Palm Beach County, Florida. 2. Plaintiff is a not-for-profit Corporation organized under the laws of the State of Florida for the purposes of governing the unit owners of the BAY REACH CONDOMINIUM ASSOCIATION, INC., located in Palm Beach County, Florida. 3. Defendant DIANE C. KING is the record owner of a unit at BAY REACH CONDOMINIUM ASSOCIATION, INC., more particularly described as: Building No. 1135, Unit No. 205, BAY REACH, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 17105, at Page 1454, of the PublicRecords of Palm Beach County, Florida; together with an undivided interest in the common elements appurtenant thereto. More commonly known as 1135 Lakeshore Drive, Unit 205, Lake Park, FL 33403 4. Defendant DIANE C. KING obtained title to the aforementioned unit on November 16, 2004, subject to the association’s governing documents, including but not limited to the Declaration of Condominium. 5. The Declaration provides at Section XII, Paragraph C, in pertinent part the following: "...Common expenses shall be shared by each Unit in accordance with each Unit’s respective interests in the common elements..." 6. The Declaration provides at Section XIII, Paragraph A through E, in pertinent part the following: “A. The Association, through its Board of Directors, shall have the power to fix and determine from time to time, a budget necessary to provide for the common expenses of the Condominium. A unit owner, regardless of how title is acquired, shall be liable for all assessments coming due while such unit owners is the owner of a Unit. In addition, the purchaser of a Unit shall be jointly and severally liable with the seller of such Unit for all unpaid assessments against the Unit being conveyed, up to the time of such conveyance... C. Each unit owner shall be responsible for the payment of the assessments imposed against the unit owner’s Unit. D Regular assessments shall be paid by the unit owners on a monthly basis payble on the first day of each and every month... E. Should the Association, through its Board of Directors, at any time determine that the assessments made are not sufficient to pay the common expenses and in the event of emergencies, the Board of Directors shall have the * authority to levy and collect additional and/or special assessments...” 7. The Declaration provides at Section XII, Paragraph J, in pertinent part the following: “Assessments not paid within five (5) days of when due shall bear interest from the date when due until paid at the rate of eighteen percent (18%) per annum. Additionally, the failure to pay any assessment within five (5) days from the date due shall entitle the Association to levy an administrative late fee, in addition to interest upon the delinquent assessment, in an amount not to exceed the greater of $25.00 or five percent (5.00%) of each installment of the delinquent assessment, said administrative late fee to be imposed against the delinquent unit owner for each thirty (30) day period that the assessment remains delinquent...” 8. The Declaration provides at Section XIII, Paragraph K, in pertinent part the following: “The Association is hereby granted a lien on each Unit, which lien shall secure the payment of all assessments, interest thereon, and reasonable attorneys’ fees incurred as an incident to the enforcement of said lien...” eee9. The Declaration provides at Section XII, Paragraph L, in pertinent part the following: “Liens for assessments may be foreclosed by suit brought in the name of the Association in like manner as a foreclosure of a mortgage on real property, as more fully set forth in.the Act. The Association may bid at any sale and apply as a cash credit against its bid all sums due the Association covered by the lien being enforced...” That pursuant to the Declaration, the Plaintiff has levied assessments against the unit owned by Defendant DIANE C. KING. Said assessments represent the Defendants’ pro rata share for the common expenses per assessment period. 10. That the assessments were due and payable by the Defendant DIANE C. KING to the Plaintiff pursuant to the provisions of the Declaration in the following amounts: Balance December 2005 Maintenance: $130.30 Special Assessment (due 12/1/05): $786.00 January 2006 Maintenance (due 1/1/06): $237.78 February 2006 Maintenance (due 2/1/06): $237.78 March 2006 Maintenance (due 3/1/06): $237.78 April 2006 Maintenance (due 4/1/06): $237.78 May 2006 Maintenance (due 5/1/06): $237.78 June 2006 Maintenance (due 6/1/06): $237.78 July 2006 Maintenance (due 7/1/06): $237.78 August 2006 Maintenance (due 8/1/06): $237.78 September 2006 Maintenance (due 9/1/06): $237.78 October 2006 Maintenance (due 10/1/06): $237.78 November 2006 Maintenance (due 11/1/06): $237.78 December 2006 Maintenance (due 12/1/06): $237.78 January 2007 Maintenance (due 1/1/07): $307.25 February 2007 Maintenance (due 2/1/07): $307.25 March 2007 Maintenance (due 3/1/07): $307.25 April 2007 Maintenance (due 4/1/07): $307.25 May 2007 Maintenance (due 5/1/07): $210.91 Loan Special Assessment (due 5/1/07): $328.58 June 2007 Maintenance (due 5/1/07): $210.91 July 2007 Maintenance (due 5/1/07): $210.91 Total* : $5,959.97 (*Said sum does not include late fees, interest, legal fees and costs, nor does it include assessments after July 1, 2007, which may become due and payable during the course of this cause.) However, the Plaintiff has not received payment from Defendant DIANE C. KING of the amount due for these charges, additional assessments coming due since the filing of the lien, plus interest, court costs, and a reasonable attorneys fee.11. On or about March 15, 2007, the Plaintiff caused a Claim of Lien to be recorded in the Public Records of Palm Beach County, Florida, in Official Record Book 21520, Page 1912. A copy of the Claim of Lien is attached hereto as Exhibit "A" and incorporated herein by this.reference. 12. The Declaration provides that in the event any assessment is not paid prior to becoming delinquent and prior to a lien being filed to enforce the assessment, the Plaintiff shall be entitled to add all costs of enforcing the obligation including reasonable attorneys fees and interest at the highest rate allowed by law. The Plaintiff has incurred and is continuing to incur attorney’s fees and costs in the prosecution of this action. 13. All conditions precedent to the filing of this action have been performed or waived. 14. The Notice required by the Fair Debt Collection Practices Act, 15, U.S.C., Section 1601, as amended is attached hereto and incorporated herein as Exhibit “B”. 15. The interest of the Defendants are subject, subordinate and inferior to the right, title, interest, and the lien of Plaintiff. 16. UNKNOWN TENANT(S) IN POSSESSION, if any the name being fictitious to account for parties in possession that may claim some interest in the Property that is the subject of this action by virtue of an unrecorded lease or purchase option, by virtue of possession or may otherwise claim an interest in the Property. 17. UNKNOWN SPOUSE OF DIANE C. KING, if any, may have or claim an interest in the Property that is the subject of this action by virtue of homestead rights, possession, or any right of redemption, or may otherwise claim an interest in the Property. WHEREFORE, Plaintiff prays this Honorable Court enter a judgment against the Defendant as follows: A. That this Court determine that Plaintiff's interest is superior to the Defendants’, all of the sums owed by the Defendant DIANE C. KING to the Plaintiff be declared a lien on the subject premises and prior to the lien or claim of any other subsequent lienholder, if any, and B. That this Court enter a decree ordering the sale of the subject premises by the Clerk of the Circuit Court, proceeds of the sale to be applied to the payment of the amount due to the Plaintiff, andC. That the Plaintiff have judgment and execution against the Defendant DIANE C. KING for any deficiency which may remain after applying all of the proceeds of the sale of the subject premises properly applicable to the satisfaction of the judgment, and D. For costs of this action including interest and a reasonable attorneys’ fee pursuant to the Plaintiff association’s Declaration at Article XIII, Paragraph K, and E. That the rights, title and interest of any Defendant, or any party claiming by, through, under or against any Defendants named herein or hereafter made a Defendant be forever barred and foreclosed. COUNT II/ DAMAGES COMES NOW, the Plaintiff and sues Defendant DIANE C. KING for damages and alleges: 18. Plaintiff adopts and re-alleges Paragraphs 2-19, as if fully set forth herein. 19. That in accordance with the provisions of the Declaration the Plaintiff is entitled to bring an action for damages as a result of the Defendant’s failure to pay assessments as they become due to the Plaintiff. 20. The Defendant DIANE C. KING has failed and refused to pay the assessments due and detailed in Paragraph 10, above. 21. There is a total sum outstanding to the Plaintiff in the amount of $5,959.97, plus any additional assessments which may have come due since the instigation of this suit, plus interest and any additional costs and a reasonable attorneys fee, for all of which Defendants are responsible. WHEREFORE, Plaintiff moves this Honorable Court for entry of an order as follows: A. The award of damages against the Defendant DIANE C. KING in the amount of $5,959.97, plus any damages accruing after the filing of this suit, and” B. To award all costs of this action, including interest and a reasonable attorney’s fee pursuant to the Declaration at Article XIII, Paragraph K, and C. Such other and further relief as the Court may deem just and proper. HILLEY & WYANT-CORTEZ, P.A. 860 US Highway One, Suite 108 North Palm Beach, FL 33408 (561) 627,0009 Fla. Bar No. 83879RETURN TO: THERESA M. LEMME ST. JOHN, CORE & LEMME, P.A. Will Call Box 110 (Palm Beach County Only) Centurion Tower, Suite 701 1601 Forum Place West Palm Beach, Florida 33401 (561) 655-8994 CLAIM OF LIEN —_—_—— tage REALE CFN. 20070129807 OR BK 21520 PG 1912 RECORDED 03/15/2007 15:56:41 Palm Beach County, Florida Sharon R. Bock,CLERK & COMPTROLLER Pg 1912; (1pg) STATE OF FLORIDA ss COUNTY OF PALM BEACH BEFORE ME, the undersigned authority, personally appeared Theresa M. Lemme, who, after being duly sworn, says that she is agent for BAY REACH CONDOMINIUM ASSOCIATION, INC. (the "Association"), Post Office Address: 1601 Forum Place, Suite 701, West Palm Beach, Florida 33401, and that pursuant to the Chapter 718, Florida Statutes, and the Declaration of Condominium governing the Association, the Association is owed the following assessments for common expenses: Due Amt Due Amt December 31, 2005 *$777.00 December 31, 2005 **$786.00 December 31, 2006 ***$2,853.36 January 01, 2007 $307.25 - February 01, 2007 $307.25 March 01, 2007 $307.25 * Assessment Balance Due Through December 31, 2005 ** Special Assessment Balance Due Through December 31, 2005 *** Assessment Balance Due Through December 31, 2006 In addition, a lien for legal fees-and costs is claimed, together with interest at the rate of 18% per annum and further additional maintenance and special assessments which have come due or will come due subsequent to the last due date listed herein above, interest as it accrues, and costs of collection including attorneys’ fees after said due date, up to and including the date of payment and release of this Claim of Lien. ‘The Lienor claims this lien on the following described property in Palm Beach County, Florida: Building No. 1135, Unit No. 205, BAY REACH, a Condominium, according to the Declaration of Condominium thereof, recorded in Official Records Book 17105, at Page 1454, of the Public Records of Palm Beach County, Florida; together with an undivided interest in the common elements appurtenant thereto, currently owned by DIANE C KING. The amount due to the Lienor remains outstanding as of March 13, 2007. Signed, sealed and delivered in the presence of: BAY REACH Ci MINTUM ASSOCIATION, INC. beam ae Byx I WA y Co THERESA M. LEMME, Authorized Agent The foregoing instrument was acknowledged before me on this S day of March, 2007, by Theresa M. Lemme, “8 who is personally known to me and who did take an oath. 7NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT, (THE ACT) 15 U.S.C. SECTION 1601 AS AMENDED This law firm may be deemed a “debt collector" under the Fair Debt Collection Practices Act. Any and all information obtained during the prosecution of this lawsuit may be used for the purposes of collecting a debt. The amount of the debt is stated in Paragraph 10 of the Complaint attached hereto. The plaintiff as named in the attached complaint is the creditor to whom the debt is owed, or is the authorized agent of the creditor to whom the debt is owed. The undersigned attorney represents the interests of the plaintiff. The debt described in the complaint and evidenced by the document(s) attached to the complaint will be assumed to be valid by the creditor's law firm unless the debtor, within thirty days after the receipt of this notice, disputes in writing the validity of the debt or some portion thereof. If the’ debtor notifies the creditor's law firm in writing within thirty days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain a verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. If the creditor named as the plaintiff in the attached complaint is not the original creditor and if the debtor makes a written request to the creditor's law firm within the thirty days from the receipt of this notice, the address of the original creditor will be mailed to the debtor by the creditor's law firm. Written requests should be addressed to HILLEY & WYANT-CORTEZ, P.A., Lora D. Howe, Esquire, 860 US Highway One, Suite 108, North Palm Beach, Florida 33408. EXHIBITCustom, Payment Entry (CBAPAYM)(JISPROD) PayoriD: | | [RILLEY & WraNT-CORTEZ PA | PayType: | [CHEC [GEN [CHECKRECEIVED GENERAL ACCT Amt [ 261.60 + Check/CC No: }11665 Authorization No: PeEEEEEEEEEEE Ee Account | | [_ Auth IG: | | a All Fees Pri Case ID Description Party ID _| SOARS [Gea EES Sal am O- — Viol(Dock = Cat Fee Description Amount. Balance Total Tendered: 261.60 Total Fees Applied: 261.60 (Outstanding Balance: Cash Payment Change Due: Account Check Payment Refund Amount PianFees | ViewAll | Docket | Receipt | Rollback | Save | ext |