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Case Number: CACE-18-002095 Division: 11
Filing # 67113341 E-Filed 01/26/2018 03:54:19 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
IN AND FOR BROWARD COUNTY, FLORIDA
Wells Fargo Bank, N.A., GENERAL JURISDICTION DIVISION
Plaintiff, Case No.
VS.
The Unknown Spouse, Heirs, Devisces,
Grantees, Assignees, Lienors, Creditors,
Trustees, and all other parties claiming an
interest by, through, under or against the Estate
of Celine Bataille, Deceased; Nicole Pierre-Paul
a/k/a Nicole Pierre Paul; Herve Pierre-Paul;
Jean Robert Pierre-Paul a/k/a Jean R. Pierre-
Paul a/k/a Jean Pierre-Paul a/k/a Jean R. Pierre
a/k/a Jean Pierre; Citibank, N.A.;.Elsie Bernard
Barnor; Gotham Collection Services Corp., as
Successor in Interest to Wachovia/Wells Fargo
Bank, N.A.; Pembroke Shores Community
Association, Inc.; United States of America,
Department of the Treasury - Internal Revenue
Service; State of Florida, Department of
Revenue,
Defendants.
VERIFIED COMPLAINT TO FORECLOSE MORTGAGE, AND
REFORMATION OF MORTGAGE
Plaintiff, Wells Fargo Bank, N.A., sues The Defendant(s), The. Unknown Spouse, Heirs,
Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming an
interest by, through, under or against the Estate of Celine Bataille, Deceased; Nicole Pierre-Paul
a/k/a Nicole Pierre Paul; Herve Pierre-Paul; Jean Robert Pierre-Paul a/k/a Jean R. Pierre-Paul
a/k/a Jean Pierre-Paul a/k/a Jean R. Pierre a/k/a Jean Pierre; Citibank, N.A.; Elsie Bernard
Barnor; Gotham Collection Services Corp., as Successor in Interest to Wachovia/Wells Fargo
Bank, N.A.; Pembroke Shores Community Association, Inc.; United States of America,
Department of the Treasury - Internal. Revenue Service; State of Florida, Department of
Revenue, and states:
062-FL-V3 File # 15-F09742
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 3:54:18 PM.****
COUNT I
MORTGAGE FORECLOSURE
1 This is an action to foreclose a mortgage on real property located in Broward
County, Florida, and by reason thereof the venue for this matter.is in Broward County, Florida.
2. Borrower(s) Celine Bataille executed and delivered a Promissory Note (“Note”)
dated March 2, 2007 in the original principal amount of $351,000.00. Securing payment of the
Note, Celine Batallie and Nicole Pierre-Paul executed and delivered a Mortgage Mortgage”)
dated March 2, 2007. The Mortgage was recorded on March 9, 2007, in the Official Records
Book 43723, Page 189, of the Public Records of Broward County, Florida, and mortgaged the
property described in the Mortgage. Copies of the Note and Mortgage are attached hereto.
3 The Loan was subsequently modified and a copy of the modification agreement is
attached hereto.
4. Plaintiff is the holder of the Note and is entitled to enforce the terms thereof as
Plaintiff is in possession of the original Note and the Note is indorsed in blank: A Certification of
Possession of Original Promissory Note is attached hereto and incorporated by reference herein.
5 The Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors,
Trustees, and all other parties claiming an interest by, through, under or against. the Estate of
Celine Bataille, Deceased and Nicole Pierre Paul are the current owner(s) of the real property
which is the subject of the Mortgage.
6 The Mortgage is a lien superior in dignity to any prior or subsequent right, title,
claim, lien or interest arising out ofmortgagee or the mortgagee’s predecessors in interest.
7 A default exists under the Note and Mortgage as a result of the amounts due under
the Note and Mortgage in that the payment due for December 1, 2015, and all subsequent
payments have not been made.
8 Plaintiff has demanded payment of the obligation reflected by the aforesaid Note
9, All conditions and Mortgage, but despite such demand, said default has not been
cured. precedent to the acceleration of the Note and Mortgage and the filing of the instant
foreclosure complaint have been performed, have occurred, or have been waived.
10. Plaintiff declares the full amount payable under the Note and Mortgage to be due.
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062-FL-V3 File # 15-F09742
Oo
11. Plaintiff is due the sum of $446,047.65, in principal under the Note and Mortgage,
plus interest from November 1, 2015 together with all sums that may be due for taxes, insurance,
escrow advances, and expenses and costs of suit including but not limited to filing fees,
recording fees, title search and examination fees, fees due for service of process and such other
costs authorized by the loan documents, by law, and as may be allowed by the Court.
12. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services.
Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage.
13. Celine Bataille passed away on June 15, 2016.
14, Defendant, Jean Robert Pierre-Paul is joined because he may be an heir or
beneficiary of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and
inferior to the lien of Plaintiffs Mortgage.
15. Defendant, Herve Pierre Paul is joined because he may be an heir or beneficiary
of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and inferior to
the lien of Plaintiff's Mortgage
16. Defendant, Elsie Bernard-Barnor is joined because she may be an heir or
beneficiary of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and
inferior to the lien of Plaintiff's Mortgage
17. Defendant, United States of America, Department of the Treasury - Internal
Revenue Service, is joined because it may claim some interest in or lien upon the Property by
virtue of a Notice of Federal Tax Lien filed against Jean Pierre-Paul, in the amount of
$12,404.65, recorded in the Official Records Book 49458 at Page 1066 on January 29, 2013 of
the Public Records of Broward County, Florida, or may otherwise claim an interest in the
Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage. A true and correct copy of the Notice of Federal Tax Lien is attached
hereto and incorporated herein.
18. Defendant, United States of America, Department of the Treasury - Internal
Revenue Service, is joined because it may claim some interest in or lien upon the Property by
virtue of a Notice of Federal Tax Lien filed against Jean R. Pierre-Paul, in the amount of
$196,836.29, recorded in the Official Records Book 47513 at Page 12 on November 9, 2010 of
the Public Records of Broward County, Florida, or may otherwise claim an interest in the
Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage. A true and correct copy of the Notice of Federal Tax Lien is attached
062-FL-V3 ’ File # 15-F09742
3
hereto and incorporated herein.
19. Defendant, Herve Pierre-Paul, may have or an interest in the Property that is
subject to this foreclosure action by virtue of a Loan Modification Agreement recorded as Instr.
#113586171, on March 23, 2016. Said interest, if any, is subject, subordinate, and inferior to the
lien of Plaintiff's Mortgage. /
20, Defendant, State of Florida, Department of Revenue, may have or claim an
interest in the Property that is subject to this foreclosure action by virtue of a’ Warrant recorded in
Official Records Book 49789, Page TAI , on May 14, 2013 or may otherwise claim an interest in
the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
21. Defendant, State of Florida, Department of Revenue, may have or claim an
interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in
Official Records Book 49607, Page 762, on March 19, 2013 or may otherwise claim an interest
in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien
of Plaintiff's Mortgage.
22, Defendant, Pembroke Shores Community Association, Inc., may have or claim an
interest in the Property that is subject to this foreclosure action by virtue of a Claim of Lien
recorded in Official Records Book 50408, Page 620, on December 16, 2013 or may otherwise
claim an interest in the Property. Said interest, however, is either invalid or is subordinate and
inferior to the lien of Plaintiff's Mortgage.
23, Defendant, State of Florida, Department of Revenue, may have or claim an
interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in
Official Records Book 49797, Page 817, on May 16, 2013 or may otherwise claim an interest in
the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
24, Defendant, State of Florida, Department of Revenue, may have or claim an
interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in
instrument #114604539 on September 12, 2017 or may otherwise claim an interest in the
Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
25. Defendant, Gotham Collection Services Corp., as Successor in Interest to
Wachovia/Wells Fargo Bank, N.A., may have or claim an interest in the Property that is subject
062-FL-V3 File # 15-F09742
4
to this foreclosure action by virtue of a Default Final Judgment recorded in Official Records
Book 50339, Page 1786, on November 18, 2013 or may otherwise claim an interest in the
Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
26. Defendant, Citibank, N.A., may have or claim an interest in the Property that is
subject to this foreclosure action by virtue of a Default Final Judgment recorded in Official
Records Book 46854, Page 474, on February 4, 2010 or may otherwise claim an interest in the
Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of
Plaintiff's Mortgage.
27, Defendant, The Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors,
Creditors, Trustees, and all other parties claiming an interest by, through, under or against the
Estate of Celine Bataille, Deceased, may have or claim an interest in the Property that is subject
to this foreclosure action. Said interest, however, is either invalid or is subordinate and inferior
to the lien of Plaintiff's Mortgage.
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a)
foreclosing the Mortgage; (b) enumerating all amounts this Court determines due to Plaintiff
pursuant to said Note and Mortgage; (c) ordering the Clerk of the Court to sell the subject
property to satisfy the amount due Plaintiff, in whole or part; (d) adjudging that the right, title
and interest of any party claiming by, through, under or against any Defendant named herein be
deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and
foreclosed; (e) retaining jurisdiction of this Court in this action to make any and all further orders
and judgments as necessary and proper, including but not limited to re-foreclosure against any
subordinate interest omitted from these proceedings, determining the amounts owed to any
condominium or homeowners association, issuance of writ of possession and the entry of a
deficiency, when ‘and if such deficiency is sought, and only if the parties liable under the Note
have not been discharged in bankruptcy (however no deficiency will be sought if the parties
liable under the Note were subject to an order allowing Plaintiff or its predecessors-in-interest
only in rem relief from the bankruptcy automatic stay); (f) awarding Plaintiff its attorney fees,
costs, interest, advances; and (g) for such other and further relief as this Court deems just and
proper.
062-FL-V3 File # 15-F09742
COUNT II
REFORMATION OF MORTGAGE
28. This is an action for reformation of the Mortgage, which is attached hereto.
29, The allegations of Count I, regarding execution of the Note and Mortgage and
ownership of the Property, are incorporated herein.
30. That due to a scrivener’s error, the Mortgage contains an incorrect legal
description as follows:
LOT 193, OF PEMBROKE SHORES PARCELS 2 AND 10, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 35, PAGE 16, OF THE
PUBLIC RECORDS BROWARD COUNTY, FLORIDA
31. The correct legal description should read as follows:
LOT 193, OF PEMBROKE SHORES PARCELS 2 AND 10, ACCORDING TO THE
MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 159, PAGE 31, OF THE
PUBLIC RECORDS BROWARD COUNTY, FLORIDA.
32. As a result of mutual mistake due to either a scrivener’s error or inadvertence,
when the Mortgage was drafted it contained the incorrect legal description as set forth in
paragraph 30, above, even though the parties had agreed that the Mortgage was to encumber the
real property legally described in paragraph 31, above.
33. That all times material hereto it was the intention of the parties for the Mortgagee
to have a Mortgage on the real property described in paragraph 31, rather than the real property
described in paragraph 30.
34, All Defendants referred to above were on actual, constructive and/or implied
actual notice of Plaintiff's Mortgage at the time they acquired their interest and/or liens in and to
the subject property. This error in the legal description of the Mortgage was mutual and
undiscovered by the parties to the Mortgage, thus did not express the true intent of the parties to
the Mortgage.
35. Plaintiff has no adequate remedy at law.
062-FL-V3 File # 15-F09742
36, Granting the requested relief herein will not be prejudicial to the interests of the
Defendants.
WHEREFORE, Plaintiff demands judgment reforming the Mortgage as stated above
and such other relief as the Court may deem just and proper, together with reasonable
attorney’s
fees and costs of these proceedings.
FLA. R. CIV. P. 1.115(e) VERIFICATION
Under penalty of perjury, I declare that I have read the foregoing Verified Complaint to
Foreclose Mortgage, and Reformation of Mortgage and the facts alleged therein are true
and
correct to the best of my knowledgeand belief.
Wells Farg
By: 7——|
any
PU VI
Ly
Printed name:_ 74 deen th, Mah un
Title: wl dont |.0aK OCU Me
Date:_ OL [24 2ZAB
DESIGNATION OF PRIMARY E-MAIL ADDRESS
In accordance with Fla. R. Jud. Admin, 2.516(b)(1)(A), the undersigned attorney for the
Plaintiff hereby designates FLCourtDocs@brockandscott.com as their primary e-mail address.
BROCK & SCOTT, PLLC
Attorney for Plaintiff
1501 N.W. 49" Street, Suite 200
Ft. Lauderdale, FL 33309
Phone: (954) 618-6955, ext. 6955
Fax: (954) 618-6954
FLCourtDocs@brockandscott.com
By_ Phi,
Stacy Robins, Esq.
FL Bar No, 008079
rorMatthew arks, Esq.
Florida Bar No, 524336
062-FL-V3 File # 15-F09742
INITIAL IN Mesi servicer)
ADJUSTABLE RATE n@ PaLNcH| 7
Ci-Year LIBOR Index-Rate Caps?
CAssumableiafter Initial Period)
i:
t
THIS NOTE CONTAINS PROVISIONS ALLOWING FoR CHANG ES IN MY INTEREST RATE AND MY MONTHLY
NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHAN GE AT ANY ONE TIME PAYMENT. THIS
AND THE MAXIMUM RATE I MUST PAY.
MARCH 2, 2007 PEMBROKE PINES
Date FLORIDA
y State
16431 sw 1 COURT, PEMBROKE PINES; FL 33027
(Property Address)
1. BORROWER'S PROMISE TO PAY
In return for a loan that I have received, f promise to pay U.S. $
Called "Principal"), plus interest » to the 351,000.00 (this amount is
WELLS FARGO
order of the Lender. The Lender ‘ts
BANK, NA.
.
T will make all payments under this Nate in the form of cash, chock on money onder.
T understand that the Lender may transfar! this Note. The Lender or anyone
transfer and who is entitled to recaive payments unde r this Note is called who takes this Note by
the “Note Holder,"
2. INTEREST
Interest will be charged on unpaid princes ja until the full amount
will pay interest at a-yearly rato of of Principal has been paid. 1
5.875%, :
The interest rate I will pay will change in accordance, e@ with
rate required hy this Section 2 and Sectio n 4 of this Note isSection 4 of this Note, The intorest
the rate I will pay both before and
after any default deseribod in Seetion 7 CB: of this Note.
. PAYMENTS i
(A) Time and Place. of Payments i
Twill make a payment every month on the first day of
T will make these payments every month until I have pafdeachallmonth boginning on MAY 1, 2007
of the prinedpal and interest and
any other charges doscribad below that I may owe under this Note.
Bach monthly payment will be applied as of 4 ts scheduled due date and
of both prdncdpal- and interest, it will bo a wPiied to interest if the payment consists
before Principal. If,
APRIL Ly 2037 ’ I still owe a mounts under this Note, I will pay those amounts in onfuli en
date, which is called the "Naturd: ty Date." that
I will make my monthly paymonts at WELLS FARGO BANK, N.A.
P.O, BOX 11701, NEWARK, NJ 07101-4704
or at a different place if raquired by tha Note Holder.
(B) Amount of My Initial Monthly Payments
Before the first fully amortizing prined pal and interest
CC) below (the "First P&L Payment DuaiD: ato"), my monthly payment due date stated in subsection
payments will be only for the interest
due on the unpaid principal of this Nat. @
Each of my 4nitiel monthly payments will be in tho a mount of U.S. ¢
change in accordance with 1,718.44. This amount may
subsection (C) below. :
(C) Monthly Payment Changes
The First P&I Payment Due Date is WAY 1 2012 .
Prior to the First P&I Pa! ment Due pate, my monthly payment may change to reflect
changes in the interest ri ‘ate I must pay in accordance with Section 4 of this Nete
to reflect changes in the unpaid principal of my loan in accordan or
ce with Section & of this
Noto, Before the effective date of any change in my monthiy payment, the Note Holder
will doliver or mail to me a notice of ¢ he change in accordance with
of this Note, The notice will Anclude! the title and telephone number Section 8
of a parson
Who will answer any question I may have regarding the notice,
Beginning with the First P&I Payment Due Date, my monthly
sutfietent: to repay the principal and’ interest at the rate payment will change to an amount
described in Section 4 of this Note.
4, INTEREST RATE AND MONT
(A) Interest Change Dates
HLY PAYMENT CHANGES
The interest rato I will pay may chanye on the first day of APRIL, 2012 .
and may change on that day everyl2
th month thereafter. Bach date on which my interest
change 1s called an "Interest Change Date." rate could
cd
INITIAL INTEREST ADJUSTABLE RATE NOTE=1-Year LIBOR Index
Assumable after Initial Period)--Froddie Nac UNIFORM INSTRUMENT
Joti 1ot6 so008a, REV, 06/24/08
a
9
at
a
(B) The Index i ®
Beginning with the first Interest Change Date, my Interest rate’ will bs based on an Index.
The "Index" {s the one-year London Interbank Offered Rate ("LIBOR™) which is
the average of interbank offared rates for ong-year U.S. dallar-denominated deposits in
the London market, as published in "The Wall Street Journal." The most recant Index
figure available as of the date 45 days before each Interest Change Date is called the
"Current Index,"
Tf the Index is no longer available, the Note Holder will choose a new index which {s based upon
comparable information. The Note Holder will give mo notice of this choice,
(C) Calculation of Changes i|
|
Befora each Interest Change Date, tho! Note Holdor will calculate my now interest rate by adding
two and Gne-quarter parcentage point(s) ¢ 2.250%) to the Current Index. The Note Holder
will then round the result of this addition to the nearost one-aighth of one percentage point
(0.125%) Subject to the Jimits stated in Section 4(D) helow, this rounded amount W411 be my now
interest rato until tho noxt Interest. Change Dato.
The Note Holder will then dotermine, the amount of my monthly ‘payment For payment
adjustments occurring bafora the First P&I Payment Due Date, my monthly payment will
ho the amount sufficient to repay all! accrued interest each month on tha unpaid
principal balance at tho new interest! rate For payment adjustments occurring on or
after the First P&i Paymont Due Date,. my monthly payment will be an amount sufficient
to ropay the unpaid principal that I am expocted to awe at the Interest Changs Date in
full on the Maturity Date at my new interest rate in substantially equal payments. The i
result of this calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate { am required to pay at the first Interest Chango Date will not be greater than
10,.875% or less than 2.250%. Thereafter, my interest fate will rover be increased or
decreased on any single Interest Change Date by more than orca
from the rate of interest I have been paying for the provoding iz
12 months, My interest rate will
never be greater than _10.875%,
(E) Effective Date of Changes i
My new interest rate will bocome effective on each Interest Change Date. I will pay tho amount of
my hew monthly payment beginning on tho first monthly payment date after the Interest Change Date
until the amount of my monthly payment changes again.
(F) Notice of Changes
The Noto Holder will deliver or mail to me a notice of any changes in my interest rate and the
amount of my monthly payment before tha effective date of any change. The notice will includo
information required by law to be given to me and also the title and telephone number of a person
who will answer any question I may have regarding the notices
5. BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time bafore they are due. A payment of
Principal only 4s known as a "Frepayment.!" When I make a Prepayment, I w£11 tall the Note Holder in
writing that I am doing so. I may not designate a payment as a Prepayment if T have not made all the
monthly payments due under the Note,
I may make a full Prepayment or partial Prepaywents without paying a Prepayment charga. The Note
Holder will use my Prepayments to reduce tho amount of Principal that [ owe under this Note.
However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment
amount before applying my Prepayment to reduce the Peincipal amount of the Note If I make a partial
Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Halder
agross in writing to those changes.
If I make a partial Prepayment during tho, period ending with the due date of my last interest only
monthly payment, my partial Prepayment will reduce the amount of my monthly payment. If I make a
partial Prepayment aftor the last interost only monthly payment, my partial Prepayment may reduce the
amount of my monthly payments beginning with the monthly payment due after the Interest Change Date
following the partial Prepayment. After the first Interest Change Date, any reduction dua to my
partial Prepayment may be offset by an interest rate increase al
6. LOAN CHARGES ‘
If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so
that the interest or other loan charges collected ar to be collected in connection with this laan
exeesd tha permitted limits, then: €a) ahy such loan charge shall bo reduced by the amount necessary
to reduce the charge to the pormittod Limit; and Cb) any sums already collected from me which
axceedod permitted limits will be refunded to ne. The Note Holder may choose ta make ‘this refund by
reducing the Principal £ ows under this Note or by making a direct payment to me. If a refund
peduces Principal, the reduction will be treated as a partial Prepayment.
CoP
Inltlate, 20f8 tooec REV. pavoo/08
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charges for Overdue Payments
Tf tho Note Holder has not received the full amount of any monthly payuent
calendar days after the date it is due, I will pay a late charge to the Noteby Holder,
the end of 15
Tho
amount of the chargo will be 5,000% of my overdue payment of ‘interest
my payment 1s interest ondy, and of principal and interest after that, I during the porded when
will pay this
late charge promptly but only once offi each late payment.
(B) Defauit
Tf T do not pay the full amount of each monthly payment on the date it 4s dus, I will be in
default.
{C) Notlée of Default ‘
Tf LT am in default, the Note Holder aay send ma a wrstten notice telling me that if I do not pay
the overdue amount by a certain date, the Note Holder may require mé to pay immodiatoly the full
amount of Principal which has not been paid and all the interest that I owe on that amount. That
date must be at loast 30 days after the date on which tha notica {s mailed to mo or delivered by
other moans. i
(D) No Walver by Note Holder
Even if, at @ time whon I am in default, the Note Holder does not require me to pay immadiately
in full as described above, the Note Halder will still hava tho right to do so 4f I am in default
at a lator time,
(E) Payment of Note Holder's Costs and Expenses
Tf the Note Holder has required mo tol pay immediately in full as described above, the Note
Holder will have the right to be paid back by mo for all of its cests and expenses in enforcing
this Note ta the extent not prohibite, i by applicable law. Those expenses include, for example,
Peasonable attorneys! foos,
11
8. GIVING OF NOTICES i
Unless applicable law requires a different method, any notice that must be given to ma under this
Note will be given by delivering it or by: mailing it by first class mail to me at the Property
Address above or at a different address if T give the Nota Holder a notice of my diftarent
address. °
Any notice that must be given to the Note! Holder under this Note will be given by delivering it
or by mailing it by first class mail to the Note Holder at the address stated in Section SCA)
above or at a different addross if f am givon'a notica of that different address.
BiBi
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If sore than one person signs this Note, each person is fully and porsohaily obligated to keep all of ‘|
tho promisés made in this Noto, including the promise to pay the full amount owad. Any person who is
a guarantor, surety or endorser of this Note 1s also obligated to do these things. Any person whe
takes over these obligations, including the obligations af a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note, The Noto Holder may enforce
its rights under this Note against each person individually or against all of us together. This
moans that any one of us may be required to pay ali of. the amounts owed under this Noto.
i
10. WAIVERS . t1
I and any other person who has obisgatiors undor this Note waive tho rights of Presentment
and Notice of Dishonor, "Prosentment" means the right to require the Note Holder to” demand
payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to
give notics to other porsons that amounts due have not been paid.
’
i|
11. UNIFORM SECURED NOTE i
This Note is a uniform instrumont with limited variations 4n some jurisdictions. In addition to the
protections given to the Nota Holder under this Note, a Nortgage, Deed of Trust, or Security Dood
L
{the "Security Instrument"), dated tho same dato as this Note, protects tha Note Holder from possible
losses which might result {f I do not keep the promises which I make:in this Note. That Security
Instrumant describes how and under what cbnditions I may be required ta make immediate payment in
full of all amounts [ owe under this Note, Some of those conditions aro described as follows:
Inttalas_ 9 of6 Cg . B 1O009E REV. 09/02/08
—
® a
4) BOVE,
UNTIL MY INITIAL INTEREST RATE
UNIFORM COVENANT 18 OF
CHANGES UNDER THE TERMS STATED IN SECTION
THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS:
Transfer of the.Property or a Beneficial | nterest in Borrower.
As used in this Section 18; “Interest: in the Property" means any lagal or beneficial
interest in the inéluding, but not limited ta, those beneficial interests
Property,
transferred in-a bond for deed, contract for deed, instaliment sales contract or
escrow agreament, the intent of which; is the transfer of title by Borrower at a future date
to a purchaser. ti
i
If all or any part of the Proparty or! any Interest in the Proparty-is sold or’
transferred Cor if Borrower is not a natural persan and a beneficdal interest in
Borrower ‘is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of a11 sums sacwred by this Security Instrument.
However, this option shall not be exe: peised by Lender if such exercise 4s prohibited by
Applicable Law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration.
The notice shall provide a period of pot less than 30 days. from the date the noties is
given in accordance with Section 15 within which Borrawor must pay all sums secured by
this Security Instrument If Borrower’ fails to pay these sums prior to the expiration
of this period, Lander may invoke any: remedies parmitted by this Security Instrument
without further notion on demand on Borrower.
B) AFTER MY INITIAL INTEREST RATE CHANGES. UNDER THE TERMS STATED IN SECTION 4 Fe
iy
BOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 14 ciBy
ABOVE SHALL THEN CEASE TO BE IN EFFECT, » AND UNIFORM COVENANT 18 OF THE SECURI
INSTRUMENT SHALL INSTEAD BE DESCRIB ED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower.
As used in this saction 18, "Interes: n the Property” means any legal or bénofictal interest in
the Property, ineluding, but not limited to, those beneficial interests transfarred 4n a bond for
dood, contract for deed, instaliment salos contract or escrow agéeement, the intont of which is the
kransfar of title by Borrower at a future date to a purchaser,
If all or any part of the Proparty or any Interest in tho Property 4s sold ar transforred Cor if
Borrower is not a natural person and a beneficial interest in Borrower is sald or transferred?
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exarcised by. Lender 1f
such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a)
Borrower causes to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferees and Cb) Lender reasonably
determines that Lender's security will not be impaired by. the loan assumption and that the risk
of a breach of any covenant or agreemant in this Security Instrumant is acceptable to Lender.
To the extent permitted by Applicable: Law, Lender may charge a reasonable fee as a condition to
Lender's consent to the loan assumption, Lender may also require the transferee to sign an
assumption agreement that 1s acceptable to Lender and that obligates the transferoa ta keep all
the promises and agreements made in the Note and 4n this Security Instrument. Borrower will
continue to be obligated under the No; re and this Security Instrument unless Lander releases
Borrowoh in writing.
If Londer exercises the option to require immediate payment in full, Lender shall give Borrower
notice of acceleration. The notice shall provide a period of not less than $0 days from the date
the notice is given in accordance with Section 15 within which Borrower must pay all sums secured
by this Security Instrument. If Borrower faiis to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
i
12. DOCUMENTARY: TAX }
The state documentary tax due on khis Note has been paid on the mortgage-securing this
indebtedness,
CR
Inftiate;__ 46 fon REV. 09/20/05
——.
WITNESS THE HANDC(S) AND SEAL(S) OF THE UNDERSIGNED.
' ¢ Ane
CELINE BATAILLE
Dakeunerr
~Borrawer
seams
WITHOUT RECOURSE
., PAY TO THE ORDEOF
R
oldman
BRA ENR "
Hepa
WEL eAHOD
By
resident
Bots Joove! REV. 08/29/08
@
ALLONGE TO THE NOTE
ACCOUNT NUMBER: a
NAME: BATAILLE, CELINE
NOTB DATE: 03/02/07
ADDRESS: 16431 sw 1 couRT
PEMBROKE PINES, FL 33027
LOBN AMOUNT: $361, 000,00
PAY TO THE ORDER OF
WITHOUT RECOYR
GOLDMAN SAgAS ORTGAGE COMPANY
BY:
LOoY eo
Chi dpher)éething, Vice President
FHEMC Loan: a
a & |
|
CEN # 106900468, OR BK 43723 Page 189, Page 1 of 26, Recorded 03/09/2007 at
12:41 PM, Broward County Commission, Doc Mi 61226,50 Int. Tax $702,00 Deputy
Clerk 31590
WELLS FARGO BANK, N.A.
FINAL DOCUMENTS X9939-01M
1000 BLUE GENTIAN ROAD
GAN, MN 88121-1462
‘This dooument was prepared
NA
2600 LAKE WWCIEN DAS 31:
» ‘52751-
{Space Above This Lina For Recording Oatal,
MORTGAGE =
DEFINITIONS.
Words used In multiple sections of this document ara defined below and other words aro
defined in Sactions 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used
In thls dooument are also provided in Section 18.
(A) "Security instrument” means this document, which Is dated MARCH 2, 2007 '
togathar with all Alders to this document.
(8) “Borrower” Is
CELINE BATAILLE A SINGLE WOMAN AND NICOLE PIERRE-PAUL, A MARRIED
Borrower Is the mortgagor undar thls Security Instrument.
(C) "Lander" Is WELLS FARGO BANK, N.A.
Lender Is a Nattonal Association
organized and exteting under the laws of THE UNITED STATES OF AMERICA
FLORIDA - Single Farily - Fannie Mue/Fraddie Mac UNE INSTRUMENT FORN S010 vot
Page to 18 intiate: Ce Jy FLO Rav 12h
-
CEN # 106900468, OR BK 43723 PG 190, Page 2 of 26
Lender's address Is
P.O.}. BOX 5137, DES MOINES, IA 50306-5137
lender i the mortgages onder iis Secunty instrument.
{0) "Note“ means the promissory noto signed by Borrower and dated MARCH 2, 2007 ‘
The Nate states that Borrower owes Lender THREE HUNDRED FIFTY-ONE THOUSAND
lars
Preview
Case Number: CACE-18-002095 Division: 11 Filing # 67113341 E-Filed 01/26/2018 03:54:19 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA Wells Fargo Bank, N.A., GENERAL JURISDICTION DIVISION Plaintiff, Case No. VS. The Unknown Spouse, Heirs, Devisces, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against the Estate of Celine Bataille, Deceased; Nicole Pierre-Paul a/k/a Nicole Pierre Paul; Herve Pierre-Paul; Jean Robert Pierre-Paul a/k/a Jean R. Pierre- Paul a/k/a Jean Pierre-Paul a/k/a Jean R. Pierre a/k/a Jean Pierre; Citibank, N.A.;.Elsie Bernard Barnor; Gotham Collection Services Corp., as Successor in Interest to Wachovia/Wells Fargo Bank, N.A.; Pembroke Shores Community Association, Inc.; United States of America, Department of the Treasury - Internal Revenue Service; State of Florida, Department of Revenue, Defendants. VERIFIED COMPLAINT TO FORECLOSE MORTGAGE, AND REFORMATION OF MORTGAGE Plaintiff, Wells Fargo Bank, N.A., sues The Defendant(s), The. Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against the Estate of Celine Bataille, Deceased; Nicole Pierre-Paul a/k/a Nicole Pierre Paul; Herve Pierre-Paul; Jean Robert Pierre-Paul a/k/a Jean R. Pierre-Paul a/k/a Jean Pierre-Paul a/k/a Jean R. Pierre a/k/a Jean Pierre; Citibank, N.A.; Elsie Bernard Barnor; Gotham Collection Services Corp., as Successor in Interest to Wachovia/Wells Fargo Bank, N.A.; Pembroke Shores Community Association, Inc.; United States of America, Department of the Treasury - Internal. Revenue Service; State of Florida, Department of Revenue, and states: 062-FL-V3 File # 15-F09742 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 1/26/2018 3:54:18 PM.**** COUNT I MORTGAGE FORECLOSURE 1 This is an action to foreclose a mortgage on real property located in Broward County, Florida, and by reason thereof the venue for this matter.is in Broward County, Florida. 2. Borrower(s) Celine Bataille executed and delivered a Promissory Note (“Note”) dated March 2, 2007 in the original principal amount of $351,000.00. Securing payment of the Note, Celine Batallie and Nicole Pierre-Paul executed and delivered a Mortgage Mortgage”) dated March 2, 2007. The Mortgage was recorded on March 9, 2007, in the Official Records Book 43723, Page 189, of the Public Records of Broward County, Florida, and mortgaged the property described in the Mortgage. Copies of the Note and Mortgage are attached hereto. 3 The Loan was subsequently modified and a copy of the modification agreement is attached hereto. 4. Plaintiff is the holder of the Note and is entitled to enforce the terms thereof as Plaintiff is in possession of the original Note and the Note is indorsed in blank: A Certification of Possession of Original Promissory Note is attached hereto and incorporated by reference herein. 5 The Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against. the Estate of Celine Bataille, Deceased and Nicole Pierre Paul are the current owner(s) of the real property which is the subject of the Mortgage. 6 The Mortgage is a lien superior in dignity to any prior or subsequent right, title, claim, lien or interest arising out ofmortgagee or the mortgagee’s predecessors in interest. 7 A default exists under the Note and Mortgage as a result of the amounts due under the Note and Mortgage in that the payment due for December 1, 2015, and all subsequent payments have not been made. 8 Plaintiff has demanded payment of the obligation reflected by the aforesaid Note 9, All conditions and Mortgage, but despite such demand, said default has not been cured. precedent to the acceleration of the Note and Mortgage and the filing of the instant foreclosure complaint have been performed, have occurred, or have been waived. 10. Plaintiff declares the full amount payable under the Note and Mortgage to be due. — 062-FL-V3 File # 15-F09742 Oo 11. Plaintiff is due the sum of $446,047.65, in principal under the Note and Mortgage, plus interest from November 1, 2015 together with all sums that may be due for taxes, insurance, escrow advances, and expenses and costs of suit including but not limited to filing fees, recording fees, title search and examination fees, fees due for service of process and such other costs authorized by the loan documents, by law, and as may be allowed by the Court. 12. Plaintiff is obligated to pay plaintiff's attorneys a reasonable fee for their services. Plaintiff is entitled to recover its attorneys’ fees under the Note and Mortgage. 13. Celine Bataille passed away on June 15, 2016. 14, Defendant, Jean Robert Pierre-Paul is joined because he may be an heir or beneficiary of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and inferior to the lien of Plaintiffs Mortgage. 15. Defendant, Herve Pierre Paul is joined because he may be an heir or beneficiary of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage 16. Defendant, Elsie Bernard-Barnor is joined because she may be an heir or beneficiary of the Estate of Celine Bataille, Deceased. Said interest is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage 17. Defendant, United States of America, Department of the Treasury - Internal Revenue Service, is joined because it may claim some interest in or lien upon the Property by virtue of a Notice of Federal Tax Lien filed against Jean Pierre-Paul, in the amount of $12,404.65, recorded in the Official Records Book 49458 at Page 1066 on January 29, 2013 of the Public Records of Broward County, Florida, or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. A true and correct copy of the Notice of Federal Tax Lien is attached hereto and incorporated herein. 18. Defendant, United States of America, Department of the Treasury - Internal Revenue Service, is joined because it may claim some interest in or lien upon the Property by virtue of a Notice of Federal Tax Lien filed against Jean R. Pierre-Paul, in the amount of $196,836.29, recorded in the Official Records Book 47513 at Page 12 on November 9, 2010 of the Public Records of Broward County, Florida, or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. A true and correct copy of the Notice of Federal Tax Lien is attached 062-FL-V3 ’ File # 15-F09742 3 hereto and incorporated herein. 19. Defendant, Herve Pierre-Paul, may have or an interest in the Property that is subject to this foreclosure action by virtue of a Loan Modification Agreement recorded as Instr. #113586171, on March 23, 2016. Said interest, if any, is subject, subordinate, and inferior to the lien of Plaintiff's Mortgage. / 20, Defendant, State of Florida, Department of Revenue, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a’ Warrant recorded in Official Records Book 49789, Page TAI , on May 14, 2013 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 21. Defendant, State of Florida, Department of Revenue, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in Official Records Book 49607, Page 762, on March 19, 2013 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 22, Defendant, Pembroke Shores Community Association, Inc., may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a Claim of Lien recorded in Official Records Book 50408, Page 620, on December 16, 2013 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 23, Defendant, State of Florida, Department of Revenue, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in Official Records Book 49797, Page 817, on May 16, 2013 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 24, Defendant, State of Florida, Department of Revenue, may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a Warrant recorded in instrument #114604539 on September 12, 2017 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 25. Defendant, Gotham Collection Services Corp., as Successor in Interest to Wachovia/Wells Fargo Bank, N.A., may have or claim an interest in the Property that is subject 062-FL-V3 File # 15-F09742 4 to this foreclosure action by virtue of a Default Final Judgment recorded in Official Records Book 50339, Page 1786, on November 18, 2013 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 26. Defendant, Citibank, N.A., may have or claim an interest in the Property that is subject to this foreclosure action by virtue of a Default Final Judgment recorded in Official Records Book 46854, Page 474, on February 4, 2010 or may otherwise claim an interest in the Property. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. 27, Defendant, The Unknown Spouse, Heirs, Devisees, Grantees, Assignees, Lienors, Creditors, Trustees, and all other parties claiming an interest by, through, under or against the Estate of Celine Bataille, Deceased, may have or claim an interest in the Property that is subject to this foreclosure action. Said interest, however, is either invalid or is subordinate and inferior to the lien of Plaintiff's Mortgage. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment: (a) foreclosing the Mortgage; (b) enumerating all amounts this Court determines due to Plaintiff pursuant to said Note and Mortgage; (c) ordering the Clerk of the Court to sell the subject property to satisfy the amount due Plaintiff, in whole or part; (d) adjudging that the right, title and interest of any party claiming by, through, under or against any Defendant named herein be deemed inferior and subordinate to the Plaintiff's Mortgage lien and forever be barred and foreclosed; (e) retaining jurisdiction of this Court in this action to make any and all further orders and judgments as necessary and proper, including but not limited to re-foreclosure against any subordinate interest omitted from these proceedings, determining the amounts owed to any condominium or homeowners association, issuance of writ of possession and the entry of a deficiency, when ‘and if such deficiency is sought, and only if the parties liable under the Note have not been discharged in bankruptcy (however no deficiency will be sought if the parties liable under the Note were subject to an order allowing Plaintiff or its predecessors-in-interest only in rem relief from the bankruptcy automatic stay); (f) awarding Plaintiff its attorney fees, costs, interest, advances; and (g) for such other and further relief as this Court deems just and proper. 062-FL-V3 File # 15-F09742 COUNT II REFORMATION OF MORTGAGE 28. This is an action for reformation of the Mortgage, which is attached hereto. 29, The allegations of Count I, regarding execution of the Note and Mortgage and ownership of the Property, are incorporated herein. 30. That due to a scrivener’s error, the Mortgage contains an incorrect legal description as follows: LOT 193, OF PEMBROKE SHORES PARCELS 2 AND 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 35, PAGE 16, OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA 31. The correct legal description should read as follows: LOT 193, OF PEMBROKE SHORES PARCELS 2 AND 10, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 159, PAGE 31, OF THE PUBLIC RECORDS BROWARD COUNTY, FLORIDA. 32. As a result of mutual mistake due to either a scrivener’s error or inadvertence, when the Mortgage was drafted it contained the incorrect legal description as set forth in paragraph 30, above, even though the parties had agreed that the Mortgage was to encumber the real property legally described in paragraph 31, above. 33. That all times material hereto it was the intention of the parties for the Mortgagee to have a Mortgage on the real property described in paragraph 31, rather than the real property described in paragraph 30. 34, All Defendants referred to above were on actual, constructive and/or implied actual notice of Plaintiff's Mortgage at the time they acquired their interest and/or liens in and to the subject property. This error in the legal description of the Mortgage was mutual and undiscovered by the parties to the Mortgage, thus did not express the true intent of the parties to the Mortgage. 35. Plaintiff has no adequate remedy at law. 062-FL-V3 File # 15-F09742 36, Granting the requested relief herein will not be prejudicial to the interests of the Defendants. WHEREFORE, Plaintiff demands judgment reforming the Mortgage as stated above and such other relief as the Court may deem just and proper, together with reasonable attorney’s fees and costs of these proceedings. FLA. R. CIV. P. 1.115(e) VERIFICATION Under penalty of perjury, I declare that I have read the foregoing Verified Complaint to Foreclose Mortgage, and Reformation of Mortgage and the facts alleged therein are true and correct to the best of my knowledgeand belief. Wells Farg By: 7——| any PU VI Ly Printed name:_ 74 deen th, Mah un Title: wl dont |.0aK OCU Me Date:_ OL [24 2ZAB DESIGNATION OF PRIMARY E-MAIL ADDRESS In accordance with Fla. R. Jud. Admin, 2.516(b)(1)(A), the undersigned attorney for the Plaintiff hereby designates FLCourtDocs@brockandscott.com as their primary e-mail address. BROCK & SCOTT, PLLC Attorney for Plaintiff 1501 N.W. 49" Street, Suite 200 Ft. Lauderdale, FL 33309 Phone: (954) 618-6955, ext. 6955 Fax: (954) 618-6954 FLCourtDocs@brockandscott.com By_ Phi, Stacy Robins, Esq. FL Bar No, 008079 rorMatthew arks, Esq. Florida Bar No, 524336 062-FL-V3 File # 15-F09742 INITIAL IN Mesi servicer) ADJUSTABLE RATE n@ PaLNcH| 7 Ci-Year LIBOR Index-Rate Caps? CAssumableiafter Initial Period) i: t THIS NOTE CONTAINS PROVISIONS ALLOWING FoR CHANG ES IN MY INTEREST RATE AND MY MONTHLY NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHAN GE AT ANY ONE TIME PAYMENT. THIS AND THE MAXIMUM RATE I MUST PAY. MARCH 2, 2007 PEMBROKE PINES Date FLORIDA y State 16431 sw 1 COURT, PEMBROKE PINES; FL 33027 (Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, f promise to pay U.S. $ Called "Principal"), plus interest » to the 351,000.00 (this amount is WELLS FARGO order of the Lender. The Lender ‘ts BANK, NA. . T will make all payments under this Nate in the form of cash, chock on money onder. T understand that the Lender may transfar! this Note. The Lender or anyone transfer and who is entitled to recaive payments unde r this Note is called who takes this Note by the “Note Holder," 2. INTEREST Interest will be charged on unpaid princes ja until the full amount will pay interest at a-yearly rato of of Principal has been paid. 1 5.875%, : The interest rate I will pay will change in accordance, e@ with rate required hy this Section 2 and Sectio n 4 of this Note isSection 4 of this Note, The intorest the rate I will pay both before and after any default deseribod in Seetion 7 CB: of this Note. . PAYMENTS i (A) Time and Place. of Payments i Twill make a payment every month on the first day of T will make these payments every month until I have pafdeachallmonth boginning on MAY 1, 2007 of the prinedpal and interest and any other charges doscribad below that I may owe under this Note. Bach monthly payment will be applied as of 4 ts scheduled due date and of both prdncdpal- and interest, it will bo a wPiied to interest if the payment consists before Principal. If, APRIL Ly 2037 ’ I still owe a mounts under this Note, I will pay those amounts in onfuli en date, which is called the "Naturd: ty Date." that I will make my monthly paymonts at WELLS FARGO BANK, N.A. P.O, BOX 11701, NEWARK, NJ 07101-4704 or at a different place if raquired by tha Note Holder. (B) Amount of My Initial Monthly Payments Before the first fully amortizing prined pal and interest CC) below (the "First P&L Payment DuaiD: ato"), my monthly payment due date stated in subsection payments will be only for the interest due on the unpaid principal of this Nat. @ Each of my 4nitiel monthly payments will be in tho a mount of U.S. ¢ change in accordance with 1,718.44. This amount may subsection (C) below. : (C) Monthly Payment Changes The First P&I Payment Due Date is WAY 1 2012 . Prior to the First P&I Pa! ment Due pate, my monthly payment may change to reflect changes in the interest ri ‘ate I must pay in accordance with Section 4 of this Nete to reflect changes in the unpaid principal of my loan in accordan or ce with Section & of this Noto, Before the effective date of any change in my monthiy payment, the Note Holder will doliver or mail to me a notice of ¢ he change in accordance with of this Note, The notice will Anclude! the title and telephone number Section 8 of a parson Who will answer any question I may have regarding the notice, Beginning with the First P&I Payment Due Date, my monthly sutfietent: to repay the principal and’ interest at the rate payment will change to an amount described in Section 4 of this Note. 4, INTEREST RATE AND MONT (A) Interest Change Dates HLY PAYMENT CHANGES The interest rato I will pay may chanye on the first day of APRIL, 2012 . and may change on that day everyl2 th month thereafter. Bach date on which my interest change 1s called an "Interest Change Date." rate could cd INITIAL INTEREST ADJUSTABLE RATE NOTE=1-Year LIBOR Index Assumable after Initial Period)--Froddie Nac UNIFORM INSTRUMENT Joti 1ot6 so008a, REV, 06/24/08 a 9 at a (B) The Index i ® Beginning with the first Interest Change Date, my Interest rate’ will bs based on an Index. The "Index" {s the one-year London Interbank Offered Rate ("LIBOR™) which is the average of interbank offared rates for ong-year U.S. dallar-denominated deposits in the London market, as published in "The Wall Street Journal." The most recant Index figure available as of the date 45 days before each Interest Change Date is called the "Current Index," Tf the Index is no longer available, the Note Holder will choose a new index which {s based upon comparable information. The Note Holder will give mo notice of this choice, (C) Calculation of Changes i| | Befora each Interest Change Date, tho! Note Holdor will calculate my now interest rate by adding two and Gne-quarter parcentage point(s) ¢ 2.250%) to the Current Index. The Note Holder will then round the result of this addition to the nearost one-aighth of one percentage point (0.125%) Subject to the Jimits stated in Section 4(D) helow, this rounded amount W411 be my now interest rato until tho noxt Interest. Change Dato. The Note Holder will then dotermine, the amount of my monthly ‘payment For payment adjustments occurring bafora the First P&I Payment Due Date, my monthly payment will ho the amount sufficient to repay all! accrued interest each month on tha unpaid principal balance at tho new interest! rate For payment adjustments occurring on or after the First P&i Paymont Due Date,. my monthly payment will be an amount sufficient to ropay the unpaid principal that I am expocted to awe at the Interest Changs Date in full on the Maturity Date at my new interest rate in substantially equal payments. The i result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate { am required to pay at the first Interest Chango Date will not be greater than 10,.875% or less than 2.250%. Thereafter, my interest fate will rover be increased or decreased on any single Interest Change Date by more than orca from the rate of interest I have been paying for the provoding iz 12 months, My interest rate will never be greater than _10.875%, (E) Effective Date of Changes i My new interest rate will bocome effective on each Interest Change Date. I will pay tho amount of my hew monthly payment beginning on tho first monthly payment date after the Interest Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Noto Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before tha effective date of any change. The notice will includo information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notices 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time bafore they are due. A payment of Principal only 4s known as a "Frepayment.!" When I make a Prepayment, I w£11 tall the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if T have not made all the monthly payments due under the Note, I may make a full Prepayment or partial Prepaywents without paying a Prepayment charga. The Note Holder will use my Prepayments to reduce tho amount of Principal that [ owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Peincipal amount of the Note If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Halder agross in writing to those changes. If I make a partial Prepayment during tho, period ending with the due date of my last interest only monthly payment, my partial Prepayment will reduce the amount of my monthly payment. If I make a partial Prepayment aftor the last interost only monthly payment, my partial Prepayment may reduce the amount of my monthly payments beginning with the monthly payment due after the Interest Change Date following the partial Prepayment. After the first Interest Change Date, any reduction dua to my partial Prepayment may be offset by an interest rate increase al 6. LOAN CHARGES ‘ If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected ar to be collected in connection with this laan exeesd tha permitted limits, then: €a) ahy such loan charge shall bo reduced by the amount necessary to reduce the charge to the pormittod Limit; and Cb) any sums already collected from me which axceedod permitted limits will be refunded to ne. The Note Holder may choose ta make ‘this refund by reducing the Principal £ ows under this Note or by making a direct payment to me. If a refund peduces Principal, the reduction will be treated as a partial Prepayment. CoP Inltlate, 20f8 tooec REV. pavoo/08 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments Tf tho Note Holder has not received the full amount of any monthly payuent calendar days after the date it is due, I will pay a late charge to the Noteby Holder, the end of 15 Tho amount of the chargo will be 5,000% of my overdue payment of ‘interest my payment 1s interest ondy, and of principal and interest after that, I during the porded when will pay this late charge promptly but only once offi each late payment. (B) Defauit Tf T do not pay the full amount of each monthly payment on the date it 4s dus, I will be in default. {C) Notlée of Default ‘ Tf LT am in default, the Note Holder aay send ma a wrstten notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require mé to pay immodiatoly the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at loast 30 days after the date on which tha notica {s mailed to mo or delivered by other moans. i (D) No Walver by Note Holder Even if, at @ time whon I am in default, the Note Holder does not require me to pay immadiately in full as described above, the Note Halder will still hava tho right to do so 4f I am in default at a lator time, (E) Payment of Note Holder's Costs and Expenses Tf the Note Holder has required mo tol pay immediately in full as described above, the Note Holder will have the right to be paid back by mo for all of its cests and expenses in enforcing this Note ta the extent not prohibite, i by applicable law. Those expenses include, for example, Peasonable attorneys! foos, 11 8. GIVING OF NOTICES i Unless applicable law requires a different method, any notice that must be given to ma under this Note will be given by delivering it or by: mailing it by first class mail to me at the Property Address above or at a different address if T give the Nota Holder a notice of my diftarent address. ° Any notice that must be given to the Note! Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section SCA) above or at a different addross if f am givon'a notica of that different address. BiBi 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If sore than one person signs this Note, each person is fully and porsohaily obligated to keep all of ‘| tho promisés made in this Noto, including the promise to pay the full amount owad. Any person who is a guarantor, surety or endorser of this Note 1s also obligated to do these things. Any person whe takes over these obligations, including the obligations af a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note, The Noto Holder may enforce its rights under this Note against each person individually or against all of us together. This moans that any one of us may be required to pay ali of. the amounts owed under this Noto. i 10. WAIVERS . t1 I and any other person who has obisgatiors undor this Note waive tho rights of Presentment and Notice of Dishonor, "Prosentment" means the right to require the Note Holder to” demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notics to other porsons that amounts due have not been paid. ’ i| 11. UNIFORM SECURED NOTE i This Note is a uniform instrumont with limited variations 4n some jurisdictions. In addition to the protections given to the Nota Holder under this Note, a Nortgage, Deed of Trust, or Security Dood L {the "Security Instrument"), dated tho same dato as this Note, protects tha Note Holder from possible losses which might result {f I do not keep the promises which I make:in this Note. That Security Instrumant describes how and under what cbnditions I may be required ta make immediate payment in full of all amounts [ owe under this Note, Some of those conditions aro described as follows: Inttalas_ 9 of6 Cg . B 1O009E REV. 09/02/08 — ® a 4) BOVE, UNTIL MY INITIAL INTEREST RATE UNIFORM COVENANT 18 OF CHANGES UNDER THE TERMS STATED IN SECTION THE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the.Property or a Beneficial | nterest in Borrower. As used in this Section 18; “Interest: in the Property" means any lagal or beneficial interest in the inéluding, but not limited ta, those beneficial interests Property, transferred in-a bond for deed, contract for deed, instaliment sales contract or escrow agreament, the intent of which; is the transfer of title by Borrower at a future date to a purchaser. ti i If all or any part of the Proparty or! any Interest in the Proparty-is sold or’ transferred Cor if Borrower is not a natural persan and a beneficdal interest in Borrower ‘is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of a11 sums sacwred by this Security Instrument. However, this option shall not be exe: peised by Lender if such exercise 4s prohibited by Applicable Law, If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of pot less than 30 days. from the date the noties is given in accordance with Section 15 within which Borrawor must pay all sums secured by this Security Instrument If Borrower’ fails to pay these sums prior to the expiration of this period, Lander may invoke any: remedies parmitted by this Security Instrument without further notion on demand on Borrower. B) AFTER MY INITIAL INTEREST RATE CHANGES. UNDER THE TERMS STATED IN SECTION 4 Fe iy BOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION 14 ciBy ABOVE SHALL THEN CEASE TO BE IN EFFECT, » AND UNIFORM COVENANT 18 OF THE SECURI INSTRUMENT SHALL INSTEAD BE DESCRIB ED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. As used in this saction 18, "Interes: n the Property” means any legal or bénofictal interest in the Property, ineluding, but not limited to, those beneficial interests transfarred 4n a bond for dood, contract for deed, instaliment salos contract or escrow agéeement, the intont of which is the kransfar of title by Borrower at a future date to a purchaser, If all or any part of the Proparty or any Interest in tho Property 4s sold ar transforred Cor if Borrower is not a natural person and a beneficial interest in Borrower is sald or transferred? without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exarcised by. Lender 1f such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferees and Cb) Lender reasonably determines that Lender's security will not be impaired by. the loan assumption and that the risk of a breach of any covenant or agreemant in this Security Instrumant is acceptable to Lender. To the extent permitted by Applicable: Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption, Lender may also require the transferee to sign an assumption agreement that 1s acceptable to Lender and that obligates the transferoa ta keep all the promises and agreements made in the Note and 4n this Security Instrument. Borrower will continue to be obligated under the No; re and this Security Instrument unless Lander releases Borrowoh in writing. If Londer exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than $0 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower faiis to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. i 12. DOCUMENTARY: TAX } The state documentary tax due on khis Note has been paid on the mortgage-securing this indebtedness, CR Inftiate;__ 46 fon REV. 09/20/05 ——. WITNESS THE HANDC(S) AND SEAL(S) OF THE UNDERSIGNED. ' ¢ Ane CELINE BATAILLE Dakeunerr ~Borrawer seams WITHOUT RECOURSE ., PAY TO THE ORDEOF R oldman BRA ENR " Hepa WEL eAHOD By resident Bots Joove! REV. 08/29/08 @ ALLONGE TO THE NOTE ACCOUNT NUMBER: a NAME: BATAILLE, CELINE NOTB DATE: 03/02/07 ADDRESS: 16431 sw 1 couRT PEMBROKE PINES, FL 33027 LOBN AMOUNT: $361, 000,00 PAY TO THE ORDER OF WITHOUT RECOYR GOLDMAN SAgAS ORTGAGE COMPANY BY: LOoY eo Chi dpher)éething, Vice President FHEMC Loan: a a & | | CEN # 106900468, OR BK 43723 Page 189, Page 1 of 26, Recorded 03/09/2007 at 12:41 PM, Broward County Commission, Doc Mi 61226,50 Int. Tax $702,00 Deputy Clerk 31590 WELLS FARGO BANK, N.A. FINAL DOCUMENTS X9939-01M 1000 BLUE GENTIAN ROAD GAN, MN 88121-1462 ‘This dooument was prepared NA 2600 LAKE WWCIEN DAS 31: » ‘52751- {Space Above This Lina For Recording Oatal, MORTGAGE = DEFINITIONS. Words used In multiple sections of this document ara defined below and other words aro defined in Sactions 3, 11, 13, 18, 20 and 21, Certain rules regarding the usage of words used In thls dooument are also provided in Section 18. (A) "Security instrument” means this document, which Is dated MARCH 2, 2007 ' togathar with all Alders to this document. (8) “Borrower” Is CELINE BATAILLE A SINGLE WOMAN AND NICOLE PIERRE-PAUL, A MARRIED Borrower Is the mortgagor undar thls Security Instrument. (C) "Lander" Is WELLS FARGO BANK, N.A. Lender Is a Nattonal Association organized and exteting under the laws of THE UNITED STATES OF AMERICA FLORIDA - Single Farily - Fannie Mue/Fraddie Mac UNE INSTRUMENT FORN S010 vot Page to 18 intiate: Ce Jy FLO Rav 12h - CEN # 106900468, OR BK 43723 PG 190, Page 2 of 26 Lender's address Is P.O.}. BOX 5137, DES MOINES, IA 50306-5137 lender i the mortgages onder iis Secunty instrument. {0) "Note“ means the promissory noto signed by Borrower and dated MARCH 2, 2007 ‘ The Nate states that Borrower owes Lender THREE HUNDRED FIFTY-ONE THOUSAND lars