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IN THE CIRCUIT COURT OF THE 1Sth JUDICIAL CIRCUIT
OF FLORIDA, IN AND FOR PALM BEACH COUNTY
W ashington Mutual Bank re
Case #: 2007 CA 024397 AW =
Plaintiff, Division #: a
a UNC: <
Jack Schocoff; Golden Lakes Village om i
Association, Inc.; Bank of America N.A.; Sy 7
Unknown Parties in Possession #1; Unknown ee
c
Parties in Possession #2; If living, and all
Unknown Parties claiming by, through, under
and against the above named Defendant(s)
who are not known to be dead or alive,
whether said Unknown Parties may claim an
interest as Spouse, Heirs, Devisees, Grantees,
or Other Claimants
Defendant(s).
MOTION FOR SUMMARY JUDGMENT
COMES NOW the Plaintiff, Washington Mutual Bank, pursuant to Fla.R.Civ.P. 1.510,
and moves this Court for the entry of a Summary Judgment of Foreclosure, and in support
thereof would state as follows:
1. There is no genuine issue of material fact and the Plaintiff is entitled to the entry
of a Summary Judgment of Foreclosure as a matter of law.
2. That under Florida Law when a mortgage contains an acceleration clause, upon
breach of a mortgagor's covenant to make the required payments, a mortgagee may sue to
foreclose the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135
So. 510, (1931).
3. That one purpose of a foreclosure is to subject the security to the payment of the
obligation involved. Bobby Jones Garden Apartments v. Connecticut Mutual Life Insurance,
202 So. 2d. 226 (Fla. 2d D.C.A. 1967).4. That the institution of a foreclosure suit is the exercise of a mortgagee's option to
declare the remaining principal sum and interest due there on. Kreiss Potassium Phosphate Co. v.
Night, 98 Fla. 1004, 124 So. 751 (1929).
5. That a mortgagee has a right to accelerate upon default in conditions of the
security agreement, such as payment of interest, installments of principal, taxes and insurance.
Clark y. Lachenmeier, 237 So. 2d 583 (Fla. 2d D.C.A. 1970).
6. That an acceleration clause in an installment note and mortgage confers a contract
right on the note and mortgage holder which holder may elect to invoke upon default and to seek
enforcement, thereof. Federal Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. Ist
D.C.A. 1975).
7. The mortgage of the plaintiff is a purchase money mortgage being a lien superior
in dignity to any prior or subsequent right, title, claim, lien or interests arising out of mortgagor
or the mortgagor's predecessors in interest. Sarmiento v. Stockton, Whatley, Davin & Company,
399 So. 2d 1057 (3 D.C.A. 1081).
WHEREFORE, the Plaintiff moves this Court for the entry of Summary Judgment of
Foreclosure.
CERTIFICATE OF SERVICE
THIS IS TO CERTIFY that a true and correct copy of the foregoing Motion for Summary
Judgment was mailed to the following on February 4, 2008 to wit:
Jack Schocoff, 2429 Sandy Cay, West Palm Beach, FL 33411
Golden Lakes Village Association, Inc., c/o Kenneth S. Direktor Esq. Becker & Poliakoff, P.A.,
R.A., 625 North Flagler Drive, 7th Floor, West Palm Beach, FL 33401
Bank of America, N.A., c/o Norm Campbell, 1425 Northwest 62nd Street, Fort Lauderdale, FL
33309
Unknown Parties in Possession #1 n/k/a Napoleon Cudierrez, 138 Lake Constance Drive, West
Palm Beach, FL 33411Unknown Parties in Possession #2 n/k/a Janet Cudierrez, 138 Lake Constance Drive, West Palm
Beach, FL 33411
By:
COLLEEN M. COLTON
FL Bar # 0015167
SHAPIRO & FISHMAN, LLP
Attorneys for Plaintiff
2424 North Federal Highway
Suite 360
Boca Raton, Florida 33431
Telephone: (561) 998-6700
Fax: (561) 998-6707
07-87658B
This is an attempt to collect a debt and any information obtained will be used for that purpose.
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IN THE CIRCUIT COURT OF THE 1Sth JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY W ashington Mutual Bank re Case #: 2007 CA 024397 AW = Plaintiff, Division #: a a UNC: < Jack Schocoff; Golden Lakes Village om i Association, Inc.; Bank of America N.A.; Sy 7 Unknown Parties in Possession #1; Unknown ee c Parties in Possession #2; If living, and all Unknown Parties claiming by, through, under and against the above named Defendant(s) who are not known to be dead or alive, whether said Unknown Parties may claim an interest as Spouse, Heirs, Devisees, Grantees, or Other Claimants Defendant(s). MOTION FOR SUMMARY JUDGMENT COMES NOW the Plaintiff, Washington Mutual Bank, pursuant to Fla.R.Civ.P. 1.510, and moves this Court for the entry of a Summary Judgment of Foreclosure, and in support thereof would state as follows: 1. There is no genuine issue of material fact and the Plaintiff is entitled to the entry of a Summary Judgment of Foreclosure as a matter of law. 2. That under Florida Law when a mortgage contains an acceleration clause, upon breach of a mortgagor's covenant to make the required payments, a mortgagee may sue to foreclose the mortgage before the due date. Treb Trading Company v. Green, 102 Fla. 238, 135 So. 510, (1931). 3. That one purpose of a foreclosure is to subject the security to the payment of the obligation involved. Bobby Jones Garden Apartments v. Connecticut Mutual Life Insurance, 202 So. 2d. 226 (Fla. 2d D.C.A. 1967).4. That the institution of a foreclosure suit is the exercise of a mortgagee's option to declare the remaining principal sum and interest due there on. Kreiss Potassium Phosphate Co. v. Night, 98 Fla. 1004, 124 So. 751 (1929). 5. That a mortgagee has a right to accelerate upon default in conditions of the security agreement, such as payment of interest, installments of principal, taxes and insurance. Clark y. Lachenmeier, 237 So. 2d 583 (Fla. 2d D.C.A. 1970). 6. That an acceleration clause in an installment note and mortgage confers a contract right on the note and mortgage holder which holder may elect to invoke upon default and to seek enforcement, thereof. Federal Home Loan Mortgage Corp. v. Taylor, 318 So. 2d 203 (Fla. Ist D.C.A. 1975). 7. The mortgage of the plaintiff is a purchase money mortgage being a lien superior in dignity to any prior or subsequent right, title, claim, lien or interests arising out of mortgagor or the mortgagor's predecessors in interest. Sarmiento v. Stockton, Whatley, Davin & Company, 399 So. 2d 1057 (3 D.C.A. 1081). WHEREFORE, the Plaintiff moves this Court for the entry of Summary Judgment of Foreclosure. CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a true and correct copy of the foregoing Motion for Summary Judgment was mailed to the following on February 4, 2008 to wit: Jack Schocoff, 2429 Sandy Cay, West Palm Beach, FL 33411 Golden Lakes Village Association, Inc., c/o Kenneth S. Direktor Esq. Becker & Poliakoff, P.A., R.A., 625 North Flagler Drive, 7th Floor, West Palm Beach, FL 33401 Bank of America, N.A., c/o Norm Campbell, 1425 Northwest 62nd Street, Fort Lauderdale, FL 33309 Unknown Parties in Possession #1 n/k/a Napoleon Cudierrez, 138 Lake Constance Drive, West Palm Beach, FL 33411Unknown Parties in Possession #2 n/k/a Janet Cudierrez, 138 Lake Constance Drive, West Palm Beach, FL 33411 By: COLLEEN M. COLTON FL Bar # 0015167 SHAPIRO & FISHMAN, LLP Attorneys for Plaintiff 2424 North Federal Highway Suite 360 Boca Raton, Florida 33431 Telephone: (561) 998-6700 Fax: (561) 998-6707 07-87658B This is an attempt to collect a debt and any information obtained will be used for that purpose.