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Filing # 66592449 E-Filed 01/16/2018 03:22:01 PM
IN THE CIRCUIT COURT OF THE EIGHTEENTH
JUDICIAL CIRCUIT IN AND FOR BREVARD
COUNTY, FLORIDA.
NEWPORT BEACH HOLDINGS, LLC, CASE NO. 05-2016-CA-53709-XXXX-XX
Plaintiff,
Vv.
BRUCE GIMZEK, et al,
Defendants.
/
DEFENDANT’S, BRUCE GIMZEK, REQUEST FOR PRODUCTION OF DOCUMENTS
Defendant, BRUCE GIMZEK, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests
that Plaintiff, NEWPORT BEACH HOLDINGS, LLC, produce for inspection and copying the documents
hereinafter described.
I DEFINITIONS:
The following definitions apply to this request:
“Document” or "documents" shall include, without limiting the generality of the foregoing,
correspondence, agreements, memoranda, calendar and diary entries, memoranda of conversations and of
meetings, studies, reports, offers, inquiries, bulletins, summaries, news-letters, compilations, maps, charts,
graphs, photographs, film, microfilm, articles, announcements, books, books of account, ledgers, vouchers,
canceled checks, invoices, bills, opinions, certificates, emails, and all other tangible things upon which any
handwriting, typing, printing, drawings, representations, magnetic or electrical impulses, or other form of
communication is recorded, including audio and video recordings and computer stored information.
“Any and all documents” means every document as above defined and includes “any and all
documents” as defined above in existence at any time on the date of this notice and prior thereto and continuing
through and until this litigation is resolved.
The words "you" or "your" mean Plaintiff, NEWPORT BEACH HOLDINGS, LLC, and all agents,
employees or other persons or entities related to Plaintiff, NEWPORT BEACH HOLDINGS, LLC, or acting on
its behalf during the relevant period.
The words "person" or "persons" mean all natural persons ("individual" or "individuals") and entities,
including without limitation: corporations, companies, partnerships, limited partnerships, joint ventures, trusts,
estates, associations, public agencies, departments, bureaus and boards.
“Communication" shall mean every manner or means of disclosure, transfer or exchange, and every
disclosure, transfer or exchange of information whether orally or face-to-face or by telephone, mail, personal
delivery, document, electronic mail or otherwise.
"Or" shall be construed either conjunctively or disjunctively to bring within the scope of these requests
any information which might otherwise be construed to be outside their scope.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
“Plaintiff” shall mean NEWPORT BEACH HOLDINGS, LLC and all representatives, agents, and all
other persons acting or purporting to act on its behalf during the relevant time period.
“Defendant” shall mean BRUCE GIMZEK, and all representatives, agents, and all other persons
acting or purporting to act on his behalf during the relevant time period.
“Corporation” shall mean Plaintiff, NEWPORT BEACH HOLDINGS, LLC and all representatives,
agents and all persons acting or purporting to act on its behalf during the relevant time period.
In the event the original of any of the foregoing documents is not available, this request shall apply to
any copy of the documents that are in your possession, custody or control.
In support of the Request to Produce, it is shown that the documents and/or materials being requested
herein are believed to be in the possession, custody or control of the party to whom this Request is directed,
and that the information sought by this Request is relevant to the subject matter of this action based on this
Court’s Order granting Plaintiff leave to amend his complaint to assert a claim for punitive damages.
IL. PLACE OF PRODUCTION
‘You are requested to produce the documents designated in Part III hereof at the office of
SCHILLINGER & COLEMAN, P.A., 1311 Bedford Drive, Melbourne, FL 32940 within thirty (30) days of
service of this Request for Production upon you.
Il. DOCUMENTS TO BE PRODUCED
1 All servicing or other agreements Plaintiff has with any persons or entities who have serviced
the loan subject to this lawsuit since the loan was executed.
2. Copies of all call logs evidencing telephone calls made by Plaintiff or its servicer(s) to
Defendant regarding the loan subject to this lawsuit since the loan was executed.
3 Copies of all correspondence or other documents sent to any and/or all defendants by Plaintiff
or its servicer(s) regarding the loan subject to this lawsuit since the loan was executed.
4 The payment history for the loan subject to this lawsuit.
5 All documents received by Plaintiff when it acquired the loan subject to this lawsuit
from its predecessor in interest.
6. All documents evidencing the instant loan’s balance when you acquired it from your
predecessor in interest.
7. All documents sent by Plaintiff or its servicer(s) to any and/or all defendants regarding
Plaintiff's acquisition of the loan subject to this lawsuit.
8 All of Plaintiff’s internal correspondence regarding the loan subject to this lawsuit, excluding
all privileged communications between Plaintiff and its counsel.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
9. All correspondence between Plaintiff and its servicer(s) regarding the loan subject to this
lawsuit.
10. All documents regarding your purchase of the instant loan from Brunswick Mutual, LLC.
Il. All correspondence between you and Brunswick Mutual, LLC regarding the loan subject to
the instant lawsuit.
12. All correspondence between you and Absolute Resolution Corp. regarding the loan subject to
the instant lawsuit.
13. All correspondence between you and Wells Fargo regarding the loan subject to the instant
lawsuit.
14. All documents in any way regarding the Assignment of Mortgage from Wells Fargo to
Brunswick Mutual, LLC dated April 4, 2011, and recorded on October 26, 2012, in OR Book 6723, Page 1525
in the Public Records in and for Brevard County, Florida.
15. Copies of all default notices sent to any and/or all defendants for the loan subject to this
lawsuit.
16, The entire loan file for the loan that is the subject of this lawsuit.
17. All private mortgage insurance policies which at any time cover and/or covered the loan that
is the subject of this lawsuit.
18, All documents that relate to, refers to or mentions any out of pocket expenses that you seek to
charge to, or seek reimbursement from the Defendant in this matter, including, but not limited to, service of
process fees, property inspection fees, broker’s opinions, title search costs, payment of insurance premiums
and payment of all real estate property taxes.
19. All documents showing the dates of any allonges to the original note.
20. All documents governing Plaintiff’s servicing of the loan subject to this lawsuit.
21. All documents specifically identifying that the loan subject to this lawsuit was transferred from
Wachovia Corporation to Wells Fargo.
22. All documents identifying your internal boarding procedures for loans acquired from prior
owners, and/or holders, and/or other servicers.
23. All documents evidencing your independent verification of this loan to ensure that the
information transmitter from a prior servicer was accurate and made by sound mortgage industry standards.
24, All documents evidencing Martin Johnson’s December 12, 2016 verification that the instant
original promissory note is located at your attorneys’ office.
25. All documents evidencing the date on which you became the owner and holder of the note and
mortgage subject to the instant suit, as alleged in paragraph 2 of your amended complaint.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
26. All documents supporting the allegation in paragraph 13 of your amended complaint that there
is an outstanding principal balance on the instant loan in the amount of $77,091.61.
27. All documents evidencing Trinity Financial Services, LLC as the lender of the instant loan as
alleged on Exhibit “A” hereto.
28. All documents supporting the allegation in Exhibit “B” hereto that the principal balance of
the instant loan was $47,604.01 on December 12, 2016.
29. All documents supporting the allegation in Exhibit “C” hereto that you are entitled to an
assignment of rents.
30. A copy of all documents referenced in paragraph 4 of your Motion for Summary Judgment
Including a Hearing to Tax Attorneys’ Fees and Costs filed in this cause on October 25, 2017.
31. Acopy of all “records of previous lenders” as alleged in paragraph 3 of Don A. Madden, Jr.’s
Affidavit Supporting Plaintiff's Motion for Summary Final Judgment filed in this cause on October 25, 2017.
32, Acopy of “the information transmitted from [your] predecessors” as alleged in paragraph 4 of
Don A. Madden, Jr.’s Affidavit Supporting Plaintiff’s Motion for Summary Final Judgment filed in this cause
on October 25, 2017.
33. All documents you used to create Exhibit “D” attached hereto.
34, All documents evidencing that a draw and/or advance was made on the loan subject to this
lawsuit.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic
Mail through the Florida E-Portal, which will serve copies to: Damian G. Waldman, Esquire,
service@dwaldmanlaw.com, on this 16" day of January, 2018.
SCHILLINGER & COLEMAN, P.A.
Attorneys for Defendant, Bruce Gimzek
1311 Bedford Drive
Melbourne, FL 32940
(321) 255-3737
Primary Email: cschillinger@fla-lawyers.com
Secondary Emails: bvargas@fla-lawyers.com
By: /s/ Joel A. Goldfarb
CHARLES A. SCHILLINGER, ESQ.
Florida Bar No. 0870595
JOEL A. GOLDFARB, ESQ.
Florida Bar No. 0068855
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
Exhibit "A"
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
ING Newport Beach
f Law Group
po a
Attorneys and Counselors at Law
120 Tustin Avenue, Suite C, #1125
Newport Beach, CA 92663
Office Number: 1-866-318-3321
Fax Number: 1-855-631-4155
Email: newportbeachlawgroup@ gmail.com Website: www. newportbeachlawgroup.com
June 24, 2016
BRUCE GIMZEK
2228 IONA DR
COCOA, FL 32926
SENT VIA UPS W/DELIVERY CONFIRMATION
DEMAND FOR IMMEDIATE ACTION
RE: Property located at:
2228 IONA DR
COCOA, FL 32926
Your Loan Number: 1000001709
Lender: Newport Beach Holdings, LLC
Servicer: Newport Beach Holdings, LLC
Dear Mr. Gizmek:
This letter shall serve as formal notice that you are in default under the terms of the Note and
Mortgage/Deed of Trust creating your loan, and formal notice that your lender, Trinity Financial Services,
LLC may initiate foreclosure proceedings against you immediately under the Mortgage/Deed of Trust if
you fail to cure your default within the time period stated below.
Newport Beach Law Group is legal counsel retained by Newport Beach Holdings, LLC the owner and
holder of the Mortgage/Deed of Trust and Note on the above-referenced property. Newport Beach
Holdings, LLC is also the servicer of said Mortgage/Deed of Trust and Note. The originator of the
subject loan was WACHOVIA BANK, N.A., our client, Newport Beach Holdings, LLC now owns
the Joan. Newport Beach Law Group is a law firm acting in the capacity of a debt collector.
We are instructed by our client, in connection with the sum outstanding shown below:
Payments from 3/22/2009 to 6/24/2016 with
interest accrued $21,071.59)
Contractual Late Fees $1,053.58
Attorneys’ Fees and Costs $500.00
TOTAL TO REINSTATE $22,625.17)
TOTAL BALANCE DUE $99,716.78)
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
However, as a one-time courtesy, we have been authorized to extend you a 10% discount of the
total balance due totalin, 9.745 .10 to be paid on before Tul 1 2016. in certified funds,
if payment is received by Lender after July 15. 2016, please contact Newport Beach Law
Group to obtain any additional amounts owed.
Your loan is in default because you failed to make the payment due on April 22,2009, and all subsequent
payments thereafter. The amount required to cure the defavit_and reinstate your loan is
$22,625.17. (Attached hereto as Exhibit “A”)}. Additionally, your total balance due is $99,716.78.
(Attached hereto as Exhibit “B”). At a minimum, you must pay your reinstatement amount on or
before Jul 15. 2016, in certified funds made payable te Newport Beach Holdings, LLC.
But as stated above, we are authorized to extend you a 19% discount of your total balance if paid o1
r before July 15, 2016. If this significant 10% discount is not received by close of business day
on July 15. 2016, the foregoing offer is null and void, and the total balance due of $99,716.78
will be reinstated and continue to increase.
Failure to respond within 21 days from the date of this letter (July 15, 2016) will leave this office
no other option than to advise Newport Beach Holdings, LLC to commence the foreclosure process
against your property. We understand that no one is perfect, and that your default may be the result of
extenuating circumstances. Accordingly, your Lender understands that situations arise, and it is willing
to work with you. But the attorneys at Newport Beach Law Group can’t help you if we don’t hear from
you.
Please make your payment made payable to Newport Beach Holdings, LLC. Upon deposit of said
funds, a receipt will be mailed to you. Please remember to reference your loan number to the following
address cither by way of Fed Ex, UPS or USPS, and email the tracking number to
newportbeachlaw group@ gmail.com.
Newport Beach Law Group, c/o
Ben Pourcho, Esq., Managing Partner
120 Tustin Ave., Suite C, #1125
Newport Beach, CA 92663
Failure to cure the default on or before the date specified in this notice may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding
and sale of the Property. Immediate payment in full may be required without further notice or
demand.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided to the
Paragraphs 18,21 and 23 of the Mortgage/Deed of Trust, including, but not limited to reasonable
attorneys’ fees, court costs, costs of documenting evidence, abstracts, and title reports, and any
other related costs in connection with the borrower's default.
Pursuant to the Paragraphs 10, 19 and 25 of the Mortgage/Deed of Trust, you gave Lender the
right to the assignments of leases and rents if you are in default. Upon acceleration, Lender or
its agents are entitled to enter upon, take possession of and manage the Property and to collect the
rents of the Property including past due rents.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the non-existence of a default or any other defense to acceleration and foreclosure. If the default is
not cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by the Mortgage/Deed of Trust and Note without further demand
and may foreclose on the Mortgage and Note in accordance with Paragraphs 17 and 21 of the
Mortgage/Deed of Trust. You will also continue to be responsible for any additional fees and costs
that continue to accrue since you are in default. Therefore, it would be in your best interest to
reinstate your loan at this time to avoid any additional fees including, but not limited to attorneys’
fees and to avoid foreclosure on your property.
Sincerely,
Ben urcho, Esq,
er and Managing Attorney
Newport Beach Law Group, APLC
BWP: gmf
Enclosures
Pursuant to Section 106 of the Housing and Urban Development Act of 868, you may have the
right to receive counseling or may qualify for other loan counseling regarding the retention of
your home from various local agencies. You may secure a list of the agencies by contacting the
Department of Housing and Urban Development at (800) 569-4287, or please visit the following
website to see a list of available HUD Counselors in Borrower's area:
http://www.hud gov/offices/hsg/stb/hee/hes.cfmweblistaction=summary.
if your personal liability to repay this debt was discharged through a Chapter 7 Bankruptcy,
then this notice is not an attempt to collect, recover or offset the debt as a personal liability.
The Lender is exercising its' In Rem rights.
This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act.
Any information obtained will be used for the purposes of collecting that debt.
THIS IS ACOMMUNICATION FROMA DEBT COLLECTOR
UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY DAYS AFTER RECEIVING THIS NOTICE
THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE
WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN
THIRTY DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION
OFTHE DEBT AND MAIL YOU A COPY OF SUCH VERIFICATION. IF YOU REQUEST THIS
OFFICE IN WRITING WITHIN THIRTY DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE
WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF
DIFFERENT FROM THE CURRENT CREDITOR. "THIS IS AN ATTEMPT TO COLLECT A DEBT.
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE."
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
Exhibit “A”
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
_ LOAN REINSTATEMENT CALCULATION | —
‘COMPANY. ACCOUNT NO. 1000001709
STATEMENT DATE s/2ay(2016
Newport Beach Holdings, LLC
2618 San Miguel Dr., Suite 319
Newport Beach, CA 92660
(855) 734-0411
Unpaid installments $21,971.59
Accrued Late Charges $1,053.58
Attomey Fees $500.00
BRUCE GIMZEK
2228 IONA DR To Reinstate as of $22,625.17
6/24/2016, Please Pay:
COCOA, FL 32926
Boab ION,
COCOA, FL 32926
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
PLEASE SEE REVERSE SIDE OR SECOND PAGE FOR IMPORTANT NOTICES.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR.
NOTICE TO CALIFORNIA RESIDENTS: The state Rosenthal Fair Debt Collection Practices Act and the
federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors
may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of
violence or arrest or by using obscene language. Collectors may not use false or misleading
statements or call you at work if they knowor have reason to know that you may not receive
personal calls at work. For the most part, collectors may not tell another person, other than your
attorney or spouse, about your debt. Collectors may contact another person to confirm your
location or enforce a judgment. For more information about debt collection activities, you may
contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.
NOTICE TO COLORADO RESIDENTS: For information about the Colorado Fair Debt Collection Practices
Act, See www.ago.state.co.us/cab.htm. A consumer has the right to request in writing that a debt
collector or collection agency cease further communication withthe consumer. Awrittenrequestto
cease communication willnot prohibit the debt collector or collection agency from taking any other
action authorized bylawto collect the debt.
NOTICE TO MASSACHUSETTS RESIDENTS: You have the right to make a written or oral request that
telephone calls regarding your debt not be made to you at your place of employment. Any such oral
requests wilt be valid for only ten (10) days unless you provide written confirmation of the request
postmarked or delivered within seven (7} days of such request. You may terminate this request by
writing to the debt collector.
NOTICE TO UTAH RESIDENTS: As required by Utah law, you are hereby notified that a negative credit
report reflecting on our credit report may be submitted to a credit-reporting agency if you fail to fulfill
the terms of your credit obligations.
NOTICE TO DEBTOR(S) IN BANKRUPTCY: Please be advise that if you are a debtor in bankruptcy or
have been discharged in bankruptcy, this correspondence does not represent or is not intended to
be a demand for payment. This letter will only serve as information purposes only and is not an
attempt to collect a debt.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
Exhibit “B”
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
ff by,
“Newport Beach Holdings, LLC
A Financial Seevicas & Rea} Estate Requisitions Company
June 24, 2016
BRUCE GIMZEK
2228 |ONA DR
COCOA, FL 32926
Account: 1000001709
Dear BRUCE GIMZEK,
Please see your current account information below:
Interest Rate 4.00%
Monthly Payment $256.97
Maturity Date 1/22/2037
Interest Paid-To Date 3/22/2009
Next Payment Due 4/22/2009
Principal Balance $77,091.61
Accrued Interest $21,071.59
Accrued Late Charges $1,053.58
Attorney Fees $500.00
Current Payoff $99,716.78
Sincerely,
Loss Mitigation
Newport Beach Holdings, LLC
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS [S ACOMMUNICATION FROM A DEBT COLLECTOR.
PLEASE SEE REVERSE SIDE OR SECOND PAGE FOR IMPORTANT NOTICES.
Phone: 855.734.0411 | Fax: 855.881.4499 | 2618 San Miguel Dr, Ste 319 Newport Beach, CA, 92660
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
db
“Newport Beach Holdings, LLC
A Financial Services & feel Extata Acquisitions Company
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR
THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTO!
NOTICE TO CALIFORNIA RESIDENTS: The state Rosenthal Fair Debt Collection Practices Act and the
federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors
may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of
violence or arrest or by using obscene language. Collectors may not use false or misleading
statements or call you at work if they know or have reason to know that you may not receive
personal calls at work. For the most part, collectors may not tell another person, other than your
attorney or spouse, about your debt. Collectors may contact another person to confirm your
location or enforce a judgment. For more information about debt collection activities, you may
contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov.
NOTICE TO COLORADO RESIDENTS: For information about the Colorado Fair Debt Collection Practices
Act, See wwwv.ago.state.co.us/cab.htm. A consumer has the right to request in writing that a debt
collector or collection agency cease further communication withthe consumer. Awrittenrequestto
cease communication willnot prohibit the debt collector or collection agency from takingany other
action authorized bylawtc collect the debt.
NOTICE TO MASSACHUSETTS RESIDENTS: You have the right to make a written or oral request that
telephone calls regarding your debt not be made to you at your place of employment. Any such oral
requests wil! be valid for only ten (10) days unless you provide written confirmation of the request
postmarked or delivered within seven (7) days of such request. You may terminate this request by
writing to the debt collector.
NOTICE TO UTAH RESIDENTS: As required by Utah law, you are hereby notified that a negative credit
report reflecting on our credit report may be submitted to a credit-reporting agency if you fail to fulfill
the terms of your credit obligations.
NOTICE TO DEBTOR(S) IN BANKRUPTCY: Please be advise that if you are a debtor in bankruptcy or
have been discharged in bankruptcy, this correspondence does not represent or is not intended to
be a demand for payment. This letter will only serve as information purposes only and is not an
attempt to collect a debt.
Phonet 855.734.0423 | Fax: 855.881.4499 | 2618 San Miguel Dr, Ste 319 Newport Beach, CA. $2660
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
Exhibit "B"
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
LAW OFFICES OF
DAMIAN G. WALDMAN, P.A.
Attorneys and Counselors at Law
PO Box 5162
Largo, FL 33779
Palm Harbor Office: (Tel.) 727-940-2516 (Fax) 727-940-2516
Seminole Office: (Tel.) 727-538-4160 (Fax) 727-240-4972
Toll Free: (Tel.) 844-899-4162 (Fax) 844-882-4703
Email: info@dwaldmanlaw.com Website: www.dwaldmanlaw.com
December 12, 2016
Bruce Gimzek
3190 N. Atlantic Ave., Apt. 323
Cocoa Beach, FL 32931-3368
RE: Property Address: 2228 Iona Drive
Cocoa, FL 32926
NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT,
15.US.C, SECTION 1692,et seq.
Dear Bruce Gimzek:
My firm has been retained by Newport Beach Holdings, LLC, the creditor to whom the debt is
owed, to initiate a lawsuit to foreclose the mortgage on your property and to collect a debt on the above
referenced property pursuant to a Mortgage recorded on February 7, 2007, in Official Records Book 5747,
Page 886 of the Public Records of Brevard County, Florida, which was assigned to Newport Beach
Holdings, LLC on October 26, 2012, and recorded in Official Records Book 6723, Page 1526 of the Public
Records of Brevard County, Florida. In accordance with the Mortgage agreement executed by Bruce
Gimzek, you are indebted to the aforesaid for the unpaid principal amount of $47,604.01, in addition to
interest, advances, including, but not limited to reasonable attoney’s fees and costs.
If you wish to pay this debt, please send a written request for payoff figures to the address listed
above or email reinstatementpayoff@dwaldmanlaw.com. Pursuant to the Mortgage agreement, failure to
satisfy this debt may result in further legal action. Should further legal action be commenced, you may be
required to pay additional advances, court costs and attorneys’ fees. The law does not require the debt
collector to wait until the thirty days expire before filing a lawsuit. If, however, you request verification of
the debt during the thirty (30) day period, the law requires me to suspend my collection efforts until I have
mailed you verification of the debt.
Florida Law provides that you answer the attached Complaint by filing it within twenty (20) days.
The Fair Debt Collection Practices Act allows you thirty (30) days to dispute the debt. Therefore, no request
will be made to the Court for a judgment until the expiration of thirty (30) days after your receipt of this
Complaint and Summons.
Offices: Palm Harbor and Seminole: Law Offices of Damian G. Waldman, P.A.
Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee
Filing 50660342 vs 05-2016-CA-053709-XXXX-XX
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-201 8-CA-053709-XXXX-XX
Because of interest, late charges, and other charges that may vary from day to day, the amount due
on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be
necessary after we receive your check, in which event, we will inform you before depositing the check for
collection. For further information, call the Seminole office number above.
Any written requests should be addressed to the address above:
If you are currently or have within the last nine (9) months been in the military service AND joined
after signing the mortgage now in foreclosure, please notify this office immediately, You may be entitled
to relief under the Service Members Civil Relief Act. When contacting this office as to your military service,
you must provide us with positive proof as to your military status. If you do not provide this information,
we will assume that you are not entitled to protection under the above mentioned Act.
Please govern yourself accordingly.
Very Truly Yours,
Law Offices of Damian G. Waldman, P.A.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
“THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE.”
Offices: Palm Harbor and Seminole: Law Offices of Damian G. Waldman, P.A.
Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee
Filing 50660342 VS 05-2016-CA-053709-XXXX-XX
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
Exhibit "C"
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
LAW OFFICES OF
DAMIAN G. WALDMAN, P.A.
Attorneys and Counselors at Law
14010 Roosevelt Blvd., Suite 701
Clearwater, FL 33762
Palm Harbor Office: (Tel.) 727-940-2516 (Fax) 727-940-2517
Clearwater Office: (Tel.) 727-538-4160 (Fax) 727-240-4972
Toll Free: (Yel.) (844) 899-4162 Toll Free: (Fax) (844) 882-4703
Email: info@dwaldmanlaw.com Website: www.dwaldmanlaw.com
January 12, 2016
BRUCE GIMZEK
2228 IONA DR
COCOA, FL 32926
VIA FIRST CLASS AND CERTIFIED MAIL
RETURN RECEIPT REQUESTED
RE: Property located at: 2228 IONA DR
COCOA, FL 32926
Your Loan Number: 1000001709
Lender: Newport Beach Holdings, LLC
Servicer: Newport Beach Holdings, LLC
NOTICE OF DEFAULT/ACCELERATION AND INTENT
TO BEGIN FORECLOSURE PROCEEDINGS
Dear BRUCE GIMZEK:
The Law Offices of Damian G. Waldman, P.A. represents Newport Beach Holdings, LLC, the
owner and holder of the note related to the second mortgage on the above-referenced property.
Newport Beach Holdings, LLC is the servicer of the note on the above-referenced property.
if your personal liability to repay this debt was discharged through Bankruptcy, then this
notice is not an attempt to collect, recover, or offset the debt as a personal liability, but for
informational purposes only.
If your personal liability has not been discharged through Bankruptcy, this letter serves as our
Formal notice that you are in default under the terms of the note creating your loan, and formal
notice that your lender, Newport Beach Holdings, LLC, will initiate Foreclosure proceedings
against you immediately under the Mortgage if you fail to cure your default within the time stated
below. Your loan is in default because you failed to make the payment due for April 22, 2009, and
Offices: Palm Harbor, Clearwater, & Seminole: Law Offices of Damian G. Waldman, P.A.
Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
all subsequent payments thereafter. The records indicate that your last payment was applied to
your March 22, 2009 payment. The amount required to cure the default and reinstate your loan is.
$32,753.84 to be paid on or before February 16, 2016 in certified funds. If payment is received
by Lender after February 16, 2016, please contact the Law Firm at (844) 899-4162 to obtain any
additional amounts owed.
Please remember to reference your loan number and make payments to the following address:
Newport Beach Holdings, LLC
2618 San Miguel Drive, Suite 319
Newport Beach, CA 92660
Failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument, and Foreclosure by judicial
proceeding, and sale of the Property to the highest bidder at auction. Immediate payment in
full may be required without further notice or demand.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided
in the Mortgage and associated promissory note, including, but not limited to reasonable
attorneys’ fees, court costs, costs of documenting evidence, abstracts, title reports, and any
other related costs, and sale of the Property to the highest bidder at auction.
Pursuant to the Mortgage, you may have assigned to Lender your rights to receive any rent.
If this is the case, the Lender may in person, by agent, or by judicially appointed receiver, be
entitled to enter upon, take possession of, and to manage the Property, and to collect rents of
the Property, including those past due after acceleration.
Your Lender understands your situation and is willing to work with you. Please contact your
Servicer directly at (855) 734-0411 between the hours of 8:00 a.m. - 6:00 p.m. PST, Monday
through Friday, to discuss any loss mitigation options that may be available to you. However, if
payment is not made in full by the date specified in this letter, then your Lender has no other
option, but to exercise its rights, and pursue Foreclosure and/or seek a deficiency judgment against
you for the balance owed
‘You have the right to reinstate after acceleration and the right to assert in the Foreclosure
proceeding the non-existence of a default or any other defense to acceleration. If the default is not
cured on or before the date specified in the notice, Lender at its option may require immediate
payment in full of all sums secured by the Mortgage and Note without further demand and may
initiate Foreclosure on the Mortgage and Note. You will also continue to be responsible for any
additional fees and costs that continue to accrue once you are in default. Therefore, it would be in
your best interest to reinstate your loan at this time to avoid any additional fees including, but not
limited to attorneys’ fees.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
The total amount to cure the default:
Payments 4/22/2009- 2/16/2016 with interest
accrued $30,887.85
Unpaid Loan Charges $0.00
Late Charges $1,507.18
Attorney’s Fees and Costs $358.81
TOTAL TO REINSTATE $32,753.84
Pursuant to Section 106 of the Housing and Urban Development Act of 1968, you may have
the right to receive counseling or may qualify for other loan counseling regarding the
retention of your home from various local agencies. You may secure a list of the agencies by
contacting the Department of Housing and Urban Development at (800)569-4287, or please
visit the following website to see a list of available HUD Counselors in your area:
http:/Awww.hud.gov. Please also see attached HUD Counseling list in your area.
This law firm is a “debt collector” under the Fair Debt Collection Practices Act. Any
information obtained will be used for the purposes of collecting that debt.
THIS IS A COMMUNICATION FROM A DEBT COLLECTOR
UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT.
YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME.
THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS FROM
RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL YOU,
A COPY OF SUCH VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN THIRTY (30)
DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND
ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. “THIS 1S AN
ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT.
PURPOSE.”
Sincerely,
Law Offices of Damian G. Waldman, P.A.
Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX
HUD APPROVED COUNSELING AGENCIES FOR THE STATE OF FLORIDA AS OF FEBUARY 24, 2015
Page 1of2
WE HELP COMMUNITY DEVELOPMENT 3677 Central Ave #F
CORPORATION FORT MYERS, Florida 33901-8226
349 S.E. 3rd Street P: 239-275-5105
BELLE GLADE, Florida 33430-3513 W: www leecountyhde.org
P: 561-992-5854
F; 561-993-2214 CITY OF GAINESVILLE HOUSING DIVISION
E; wenniem@aol.com 306 NE 6th Avenue
W: www,wehelpcommuni tics.org GAINESVILLE, Flor
Preview
Filing # 66592449 E-Filed 01/16/2018 03:22:01 PM IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA. NEWPORT BEACH HOLDINGS, LLC, CASE NO. 05-2016-CA-53709-XXXX-XX Plaintiff, Vv. BRUCE GIMZEK, et al, Defendants. / DEFENDANT’S, BRUCE GIMZEK, REQUEST FOR PRODUCTION OF DOCUMENTS Defendant, BRUCE GIMZEK, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, requests that Plaintiff, NEWPORT BEACH HOLDINGS, LLC, produce for inspection and copying the documents hereinafter described. I DEFINITIONS: The following definitions apply to this request: “Document” or "documents" shall include, without limiting the generality of the foregoing, correspondence, agreements, memoranda, calendar and diary entries, memoranda of conversations and of meetings, studies, reports, offers, inquiries, bulletins, summaries, news-letters, compilations, maps, charts, graphs, photographs, film, microfilm, articles, announcements, books, books of account, ledgers, vouchers, canceled checks, invoices, bills, opinions, certificates, emails, and all other tangible things upon which any handwriting, typing, printing, drawings, representations, magnetic or electrical impulses, or other form of communication is recorded, including audio and video recordings and computer stored information. “Any and all documents” means every document as above defined and includes “any and all documents” as defined above in existence at any time on the date of this notice and prior thereto and continuing through and until this litigation is resolved. The words "you" or "your" mean Plaintiff, NEWPORT BEACH HOLDINGS, LLC, and all agents, employees or other persons or entities related to Plaintiff, NEWPORT BEACH HOLDINGS, LLC, or acting on its behalf during the relevant period. The words "person" or "persons" mean all natural persons ("individual" or "individuals") and entities, including without limitation: corporations, companies, partnerships, limited partnerships, joint ventures, trusts, estates, associations, public agencies, departments, bureaus and boards. “Communication" shall mean every manner or means of disclosure, transfer or exchange, and every disclosure, transfer or exchange of information whether orally or face-to-face or by telephone, mail, personal delivery, document, electronic mail or otherwise. "Or" shall be construed either conjunctively or disjunctively to bring within the scope of these requests any information which might otherwise be construed to be outside their scope. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX “Plaintiff” shall mean NEWPORT BEACH HOLDINGS, LLC and all representatives, agents, and all other persons acting or purporting to act on its behalf during the relevant time period. “Defendant” shall mean BRUCE GIMZEK, and all representatives, agents, and all other persons acting or purporting to act on his behalf during the relevant time period. “Corporation” shall mean Plaintiff, NEWPORT BEACH HOLDINGS, LLC and all representatives, agents and all persons acting or purporting to act on its behalf during the relevant time period. In the event the original of any of the foregoing documents is not available, this request shall apply to any copy of the documents that are in your possession, custody or control. In support of the Request to Produce, it is shown that the documents and/or materials being requested herein are believed to be in the possession, custody or control of the party to whom this Request is directed, and that the information sought by this Request is relevant to the subject matter of this action based on this Court’s Order granting Plaintiff leave to amend his complaint to assert a claim for punitive damages. IL. PLACE OF PRODUCTION ‘You are requested to produce the documents designated in Part III hereof at the office of SCHILLINGER & COLEMAN, P.A., 1311 Bedford Drive, Melbourne, FL 32940 within thirty (30) days of service of this Request for Production upon you. Il. DOCUMENTS TO BE PRODUCED 1 All servicing or other agreements Plaintiff has with any persons or entities who have serviced the loan subject to this lawsuit since the loan was executed. 2. Copies of all call logs evidencing telephone calls made by Plaintiff or its servicer(s) to Defendant regarding the loan subject to this lawsuit since the loan was executed. 3 Copies of all correspondence or other documents sent to any and/or all defendants by Plaintiff or its servicer(s) regarding the loan subject to this lawsuit since the loan was executed. 4 The payment history for the loan subject to this lawsuit. 5 All documents received by Plaintiff when it acquired the loan subject to this lawsuit from its predecessor in interest. 6. All documents evidencing the instant loan’s balance when you acquired it from your predecessor in interest. 7. All documents sent by Plaintiff or its servicer(s) to any and/or all defendants regarding Plaintiff's acquisition of the loan subject to this lawsuit. 8 All of Plaintiff’s internal correspondence regarding the loan subject to this lawsuit, excluding all privileged communications between Plaintiff and its counsel. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 9. All correspondence between Plaintiff and its servicer(s) regarding the loan subject to this lawsuit. 10. All documents regarding your purchase of the instant loan from Brunswick Mutual, LLC. Il. All correspondence between you and Brunswick Mutual, LLC regarding the loan subject to the instant lawsuit. 12. All correspondence between you and Absolute Resolution Corp. regarding the loan subject to the instant lawsuit. 13. All correspondence between you and Wells Fargo regarding the loan subject to the instant lawsuit. 14. All documents in any way regarding the Assignment of Mortgage from Wells Fargo to Brunswick Mutual, LLC dated April 4, 2011, and recorded on October 26, 2012, in OR Book 6723, Page 1525 in the Public Records in and for Brevard County, Florida. 15. Copies of all default notices sent to any and/or all defendants for the loan subject to this lawsuit. 16, The entire loan file for the loan that is the subject of this lawsuit. 17. All private mortgage insurance policies which at any time cover and/or covered the loan that is the subject of this lawsuit. 18, All documents that relate to, refers to or mentions any out of pocket expenses that you seek to charge to, or seek reimbursement from the Defendant in this matter, including, but not limited to, service of process fees, property inspection fees, broker’s opinions, title search costs, payment of insurance premiums and payment of all real estate property taxes. 19. All documents showing the dates of any allonges to the original note. 20. All documents governing Plaintiff’s servicing of the loan subject to this lawsuit. 21. All documents specifically identifying that the loan subject to this lawsuit was transferred from Wachovia Corporation to Wells Fargo. 22. All documents identifying your internal boarding procedures for loans acquired from prior owners, and/or holders, and/or other servicers. 23. All documents evidencing your independent verification of this loan to ensure that the information transmitter from a prior servicer was accurate and made by sound mortgage industry standards. 24, All documents evidencing Martin Johnson’s December 12, 2016 verification that the instant original promissory note is located at your attorneys’ office. 25. All documents evidencing the date on which you became the owner and holder of the note and mortgage subject to the instant suit, as alleged in paragraph 2 of your amended complaint. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX 26. All documents supporting the allegation in paragraph 13 of your amended complaint that there is an outstanding principal balance on the instant loan in the amount of $77,091.61. 27. All documents evidencing Trinity Financial Services, LLC as the lender of the instant loan as alleged on Exhibit “A” hereto. 28. All documents supporting the allegation in Exhibit “B” hereto that the principal balance of the instant loan was $47,604.01 on December 12, 2016. 29. All documents supporting the allegation in Exhibit “C” hereto that you are entitled to an assignment of rents. 30. A copy of all documents referenced in paragraph 4 of your Motion for Summary Judgment Including a Hearing to Tax Attorneys’ Fees and Costs filed in this cause on October 25, 2017. 31. Acopy of all “records of previous lenders” as alleged in paragraph 3 of Don A. Madden, Jr.’s Affidavit Supporting Plaintiff's Motion for Summary Final Judgment filed in this cause on October 25, 2017. 32, Acopy of “the information transmitted from [your] predecessors” as alleged in paragraph 4 of Don A. Madden, Jr.’s Affidavit Supporting Plaintiff’s Motion for Summary Final Judgment filed in this cause on October 25, 2017. 33. All documents you used to create Exhibit “D” attached hereto. 34, All documents evidencing that a draw and/or advance was made on the loan subject to this lawsuit. I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Electronic Mail through the Florida E-Portal, which will serve copies to: Damian G. Waldman, Esquire, service@dwaldmanlaw.com, on this 16" day of January, 2018. SCHILLINGER & COLEMAN, P.A. Attorneys for Defendant, Bruce Gimzek 1311 Bedford Drive Melbourne, FL 32940 (321) 255-3737 Primary Email: cschillinger@fla-lawyers.com Secondary Emails: bvargas@fla-lawyers.com By: /s/ Joel A. Goldfarb CHARLES A. SCHILLINGER, ESQ. Florida Bar No. 0870595 JOEL A. GOLDFARB, ESQ. Florida Bar No. 0068855 Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX Exhibit "A" Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX ING Newport Beach f Law Group po a Attorneys and Counselors at Law 120 Tustin Avenue, Suite C, #1125 Newport Beach, CA 92663 Office Number: 1-866-318-3321 Fax Number: 1-855-631-4155 Email: newportbeachlawgroup@ gmail.com Website: www. newportbeachlawgroup.com June 24, 2016 BRUCE GIMZEK 2228 IONA DR COCOA, FL 32926 SENT VIA UPS W/DELIVERY CONFIRMATION DEMAND FOR IMMEDIATE ACTION RE: Property located at: 2228 IONA DR COCOA, FL 32926 Your Loan Number: 1000001709 Lender: Newport Beach Holdings, LLC Servicer: Newport Beach Holdings, LLC Dear Mr. Gizmek: This letter shall serve as formal notice that you are in default under the terms of the Note and Mortgage/Deed of Trust creating your loan, and formal notice that your lender, Trinity Financial Services, LLC may initiate foreclosure proceedings against you immediately under the Mortgage/Deed of Trust if you fail to cure your default within the time period stated below. Newport Beach Law Group is legal counsel retained by Newport Beach Holdings, LLC the owner and holder of the Mortgage/Deed of Trust and Note on the above-referenced property. Newport Beach Holdings, LLC is also the servicer of said Mortgage/Deed of Trust and Note. The originator of the subject loan was WACHOVIA BANK, N.A., our client, Newport Beach Holdings, LLC now owns the Joan. Newport Beach Law Group is a law firm acting in the capacity of a debt collector. We are instructed by our client, in connection with the sum outstanding shown below: Payments from 3/22/2009 to 6/24/2016 with interest accrued $21,071.59) Contractual Late Fees $1,053.58 Attorneys’ Fees and Costs $500.00 TOTAL TO REINSTATE $22,625.17) TOTAL BALANCE DUE $99,716.78) Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX However, as a one-time courtesy, we have been authorized to extend you a 10% discount of the total balance due totalin, 9.745 .10 to be paid on before Tul 1 2016. in certified funds, if payment is received by Lender after July 15. 2016, please contact Newport Beach Law Group to obtain any additional amounts owed. Your loan is in default because you failed to make the payment due on April 22,2009, and all subsequent payments thereafter. The amount required to cure the defavit_and reinstate your loan is $22,625.17. (Attached hereto as Exhibit “A”)}. Additionally, your total balance due is $99,716.78. (Attached hereto as Exhibit “B”). At a minimum, you must pay your reinstatement amount on or before Jul 15. 2016, in certified funds made payable te Newport Beach Holdings, LLC. But as stated above, we are authorized to extend you a 19% discount of your total balance if paid o1 r before July 15, 2016. If this significant 10% discount is not received by close of business day on July 15. 2016, the foregoing offer is null and void, and the total balance due of $99,716.78 will be reinstated and continue to increase. Failure to respond within 21 days from the date of this letter (July 15, 2016) will leave this office no other option than to advise Newport Beach Holdings, LLC to commence the foreclosure process against your property. We understand that no one is perfect, and that your default may be the result of extenuating circumstances. Accordingly, your Lender understands that situations arise, and it is willing to work with you. But the attorneys at Newport Beach Law Group can’t help you if we don’t hear from you. Please make your payment made payable to Newport Beach Holdings, LLC. Upon deposit of said funds, a receipt will be mailed to you. Please remember to reference your loan number to the following address cither by way of Fed Ex, UPS or USPS, and email the tracking number to newportbeachlaw group@ gmail.com. Newport Beach Law Group, c/o Ben Pourcho, Esq., Managing Partner 120 Tustin Ave., Suite C, #1125 Newport Beach, CA 92663 Failure to cure the default on or before the date specified in this notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Immediate payment in full may be required without further notice or demand. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided to the Paragraphs 18,21 and 23 of the Mortgage/Deed of Trust, including, but not limited to reasonable attorneys’ fees, court costs, costs of documenting evidence, abstracts, and title reports, and any other related costs in connection with the borrower's default. Pursuant to the Paragraphs 10, 19 and 25 of the Mortgage/Deed of Trust, you gave Lender the right to the assignments of leases and rents if you are in default. Upon acceleration, Lender or its agents are entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including past due rents. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX You have the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense to acceleration and foreclosure. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by the Mortgage/Deed of Trust and Note without further demand and may foreclose on the Mortgage and Note in accordance with Paragraphs 17 and 21 of the Mortgage/Deed of Trust. You will also continue to be responsible for any additional fees and costs that continue to accrue since you are in default. Therefore, it would be in your best interest to reinstate your loan at this time to avoid any additional fees including, but not limited to attorneys’ fees and to avoid foreclosure on your property. Sincerely, Ben urcho, Esq, er and Managing Attorney Newport Beach Law Group, APLC BWP: gmf Enclosures Pursuant to Section 106 of the Housing and Urban Development Act of 868, you may have the right to receive counseling or may qualify for other loan counseling regarding the retention of your home from various local agencies. You may secure a list of the agencies by contacting the Department of Housing and Urban Development at (800) 569-4287, or please visit the following website to see a list of available HUD Counselors in Borrower's area: http://www.hud gov/offices/hsg/stb/hee/hes.cfmweblistaction=summary. if your personal liability to repay this debt was discharged through a Chapter 7 Bankruptcy, then this notice is not an attempt to collect, recover or offset the debt as a personal liability. The Lender is exercising its' In Rem rights. This law firm may be deemed a "debt collector" under the Fair Debt Collection Practices Act. Any information obtained will be used for the purposes of collecting that debt. THIS IS ACOMMUNICATION FROMA DEBT COLLECTOR UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL: OBTAIN VERIFICATION OFTHE DEBT AND MAIL YOU A COPY OF SUCH VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN THIRTY DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. "THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE." Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX Exhibit “A” Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX _ LOAN REINSTATEMENT CALCULATION | — ‘COMPANY. ACCOUNT NO. 1000001709 STATEMENT DATE s/2ay(2016 Newport Beach Holdings, LLC 2618 San Miguel Dr., Suite 319 Newport Beach, CA 92660 (855) 734-0411 Unpaid installments $21,971.59 Accrued Late Charges $1,053.58 Attomey Fees $500.00 BRUCE GIMZEK 2228 IONA DR To Reinstate as of $22,625.17 6/24/2016, Please Pay: COCOA, FL 32926 Boab ION, COCOA, FL 32926 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. PLEASE SEE REVERSE SIDE OR SECOND PAGE FOR IMPORTANT NOTICES. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR. NOTICE TO CALIFORNIA RESIDENTS: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they knowor have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. NOTICE TO COLORADO RESIDENTS: For information about the Colorado Fair Debt Collection Practices Act, See www.ago.state.co.us/cab.htm. A consumer has the right to request in writing that a debt collector or collection agency cease further communication withthe consumer. Awrittenrequestto cease communication willnot prohibit the debt collector or collection agency from taking any other action authorized bylawto collect the debt. NOTICE TO MASSACHUSETTS RESIDENTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral requests wilt be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7} days of such request. You may terminate this request by writing to the debt collector. NOTICE TO UTAH RESIDENTS: As required by Utah law, you are hereby notified that a negative credit report reflecting on our credit report may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credit obligations. NOTICE TO DEBTOR(S) IN BANKRUPTCY: Please be advise that if you are a debtor in bankruptcy or have been discharged in bankruptcy, this correspondence does not represent or is not intended to be a demand for payment. This letter will only serve as information purposes only and is not an attempt to collect a debt. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX Exhibit “B” Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX ff by, “Newport Beach Holdings, LLC A Financial Seevicas & Rea} Estate Requisitions Company June 24, 2016 BRUCE GIMZEK 2228 |ONA DR COCOA, FL 32926 Account: 1000001709 Dear BRUCE GIMZEK, Please see your current account information below: Interest Rate 4.00% Monthly Payment $256.97 Maturity Date 1/22/2037 Interest Paid-To Date 3/22/2009 Next Payment Due 4/22/2009 Principal Balance $77,091.61 Accrued Interest $21,071.59 Accrued Late Charges $1,053.58 Attorney Fees $500.00 Current Payoff $99,716.78 Sincerely, Loss Mitigation Newport Beach Holdings, LLC THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS [S ACOMMUNICATION FROM A DEBT COLLECTOR. PLEASE SEE REVERSE SIDE OR SECOND PAGE FOR IMPORTANT NOTICES. Phone: 855.734.0411 | Fax: 855.881.4499 | 2618 San Miguel Dr, Ste 319 Newport Beach, CA, 92660 Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX db “Newport Beach Holdings, LLC A Financial Services & feel Extata Acquisitions Company THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS A COMMUNICATION FROM A DEBT COLLECTO! NOTICE TO CALIFORNIA RESIDENTS: The state Rosenthal Fair Debt Collection Practices Act and the federal Fair Debt Collection Practices Act require that, except under unusual circumstances, collectors may not contact you before 8 a.m. or after 9 p.m. They may not harass you by using threats of violence or arrest or by using obscene language. Collectors may not use false or misleading statements or call you at work if they know or have reason to know that you may not receive personal calls at work. For the most part, collectors may not tell another person, other than your attorney or spouse, about your debt. Collectors may contact another person to confirm your location or enforce a judgment. For more information about debt collection activities, you may contact the Federal Trade Commission at 1-877-FTC-HELP or www.ftc.gov. NOTICE TO COLORADO RESIDENTS: For information about the Colorado Fair Debt Collection Practices Act, See wwwv.ago.state.co.us/cab.htm. A consumer has the right to request in writing that a debt collector or collection agency cease further communication withthe consumer. Awrittenrequestto cease communication willnot prohibit the debt collector or collection agency from takingany other action authorized bylawtc collect the debt. NOTICE TO MASSACHUSETTS RESIDENTS: You have the right to make a written or oral request that telephone calls regarding your debt not be made to you at your place of employment. Any such oral requests wil! be valid for only ten (10) days unless you provide written confirmation of the request postmarked or delivered within seven (7) days of such request. You may terminate this request by writing to the debt collector. NOTICE TO UTAH RESIDENTS: As required by Utah law, you are hereby notified that a negative credit report reflecting on our credit report may be submitted to a credit-reporting agency if you fail to fulfill the terms of your credit obligations. NOTICE TO DEBTOR(S) IN BANKRUPTCY: Please be advise that if you are a debtor in bankruptcy or have been discharged in bankruptcy, this correspondence does not represent or is not intended to be a demand for payment. This letter will only serve as information purposes only and is not an attempt to collect a debt. Phonet 855.734.0423 | Fax: 855.881.4499 | 2618 San Miguel Dr, Ste 319 Newport Beach, CA. $2660 Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX Exhibit "B" Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX LAW OFFICES OF DAMIAN G. WALDMAN, P.A. Attorneys and Counselors at Law PO Box 5162 Largo, FL 33779 Palm Harbor Office: (Tel.) 727-940-2516 (Fax) 727-940-2516 Seminole Office: (Tel.) 727-538-4160 (Fax) 727-240-4972 Toll Free: (Tel.) 844-899-4162 (Fax) 844-882-4703 Email: info@dwaldmanlaw.com Website: www.dwaldmanlaw.com December 12, 2016 Bruce Gimzek 3190 N. Atlantic Ave., Apt. 323 Cocoa Beach, FL 32931-3368 RE: Property Address: 2228 Iona Drive Cocoa, FL 32926 NOTICE REQUIRED BY THE FAIR DEBT COLLECTIONS PRACTICES ACT, 15.US.C, SECTION 1692,et seq. Dear Bruce Gimzek: My firm has been retained by Newport Beach Holdings, LLC, the creditor to whom the debt is owed, to initiate a lawsuit to foreclose the mortgage on your property and to collect a debt on the above referenced property pursuant to a Mortgage recorded on February 7, 2007, in Official Records Book 5747, Page 886 of the Public Records of Brevard County, Florida, which was assigned to Newport Beach Holdings, LLC on October 26, 2012, and recorded in Official Records Book 6723, Page 1526 of the Public Records of Brevard County, Florida. In accordance with the Mortgage agreement executed by Bruce Gimzek, you are indebted to the aforesaid for the unpaid principal amount of $47,604.01, in addition to interest, advances, including, but not limited to reasonable attoney’s fees and costs. If you wish to pay this debt, please send a written request for payoff figures to the address listed above or email reinstatementpayoff@dwaldmanlaw.com. Pursuant to the Mortgage agreement, failure to satisfy this debt may result in further legal action. Should further legal action be commenced, you may be required to pay additional advances, court costs and attorneys’ fees. The law does not require the debt collector to wait until the thirty days expire before filing a lawsuit. If, however, you request verification of the debt during the thirty (30) day period, the law requires me to suspend my collection efforts until I have mailed you verification of the debt. Florida Law provides that you answer the attached Complaint by filing it within twenty (20) days. The Fair Debt Collection Practices Act allows you thirty (30) days to dispute the debt. Therefore, no request will be made to the Court for a judgment until the expiration of thirty (30) days after your receipt of this Complaint and Summons. Offices: Palm Harbor and Seminole: Law Offices of Damian G. Waldman, P.A. Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee Filing 50660342 vs 05-2016-CA-053709-XXXX-XX Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-201 8-CA-053709-XXXX-XX Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event, we will inform you before depositing the check for collection. For further information, call the Seminole office number above. Any written requests should be addressed to the address above: If you are currently or have within the last nine (9) months been in the military service AND joined after signing the mortgage now in foreclosure, please notify this office immediately, You may be entitled to relief under the Service Members Civil Relief Act. When contacting this office as to your military service, you must provide us with positive proof as to your military status. If you do not provide this information, we will assume that you are not entitled to protection under the above mentioned Act. Please govern yourself accordingly. Very Truly Yours, Law Offices of Damian G. Waldman, P.A. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR “THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.” Offices: Palm Harbor and Seminole: Law Offices of Damian G. Waldman, P.A. Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee Filing 50660342 VS 05-2016-CA-053709-XXXX-XX Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX Exhibit "C" Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX LAW OFFICES OF DAMIAN G. WALDMAN, P.A. Attorneys and Counselors at Law 14010 Roosevelt Blvd., Suite 701 Clearwater, FL 33762 Palm Harbor Office: (Tel.) 727-940-2516 (Fax) 727-940-2517 Clearwater Office: (Tel.) 727-538-4160 (Fax) 727-240-4972 Toll Free: (Yel.) (844) 899-4162 Toll Free: (Fax) (844) 882-4703 Email: info@dwaldmanlaw.com Website: www.dwaldmanlaw.com January 12, 2016 BRUCE GIMZEK 2228 IONA DR COCOA, FL 32926 VIA FIRST CLASS AND CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: Property located at: 2228 IONA DR COCOA, FL 32926 Your Loan Number: 1000001709 Lender: Newport Beach Holdings, LLC Servicer: Newport Beach Holdings, LLC NOTICE OF DEFAULT/ACCELERATION AND INTENT TO BEGIN FORECLOSURE PROCEEDINGS Dear BRUCE GIMZEK: The Law Offices of Damian G. Waldman, P.A. represents Newport Beach Holdings, LLC, the owner and holder of the note related to the second mortgage on the above-referenced property. Newport Beach Holdings, LLC is the servicer of the note on the above-referenced property. if your personal liability to repay this debt was discharged through Bankruptcy, then this notice is not an attempt to collect, recover, or offset the debt as a personal liability, but for informational purposes only. If your personal liability has not been discharged through Bankruptcy, this letter serves as our Formal notice that you are in default under the terms of the note creating your loan, and formal notice that your lender, Newport Beach Holdings, LLC, will initiate Foreclosure proceedings against you immediately under the Mortgage if you fail to cure your default within the time stated below. Your loan is in default because you failed to make the payment due for April 22, 2009, and Offices: Palm Harbor, Clearwater, & Seminole: Law Offices of Damian G. Waldman, P.A. Affiliated Offices: New York New Jersey Texas Nevada Pennsylvania Tennessee Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX all subsequent payments thereafter. The records indicate that your last payment was applied to your March 22, 2009 payment. The amount required to cure the default and reinstate your loan is. $32,753.84 to be paid on or before February 16, 2016 in certified funds. If payment is received by Lender after February 16, 2016, please contact the Law Firm at (844) 899-4162 to obtain any additional amounts owed. Please remember to reference your loan number and make payments to the following address: Newport Beach Holdings, LLC 2618 San Miguel Drive, Suite 319 Newport Beach, CA 92660 Failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, and Foreclosure by judicial proceeding, and sale of the Property to the highest bidder at auction. Immediate payment in full may be required without further notice or demand. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in the Mortgage and associated promissory note, including, but not limited to reasonable attorneys’ fees, court costs, costs of documenting evidence, abstracts, title reports, and any other related costs, and sale of the Property to the highest bidder at auction. Pursuant to the Mortgage, you may have assigned to Lender your rights to receive any rent. If this is the case, the Lender may in person, by agent, or by judicially appointed receiver, be entitled to enter upon, take possession of, and to manage the Property, and to collect rents of the Property, including those past due after acceleration. Your Lender understands your situation and is willing to work with you. Please contact your Servicer directly at (855) 734-0411 between the hours of 8:00 a.m. - 6:00 p.m. PST, Monday through Friday, to discuss any loss mitigation options that may be available to you. However, if payment is not made in full by the date specified in this letter, then your Lender has no other option, but to exercise its rights, and pursue Foreclosure and/or seek a deficiency judgment against you for the balance owed ‘You have the right to reinstate after acceleration and the right to assert in the Foreclosure proceeding the non-existence of a default or any other defense to acceleration. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by the Mortgage and Note without further demand and may initiate Foreclosure on the Mortgage and Note. You will also continue to be responsible for any additional fees and costs that continue to accrue once you are in default. Therefore, it would be in your best interest to reinstate your loan at this time to avoid any additional fees including, but not limited to attorneys’ fees. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX The total amount to cure the default: Payments 4/22/2009- 2/16/2016 with interest accrued $30,887.85 Unpaid Loan Charges $0.00 Late Charges $1,507.18 Attorney’s Fees and Costs $358.81 TOTAL TO REINSTATE $32,753.84 Pursuant to Section 106 of the Housing and Urban Development Act of 1968, you may have the right to receive counseling or may qualify for other loan counseling regarding the retention of your home from various local agencies. You may secure a list of the agencies by contacting the Department of Housing and Urban Development at (800)569-4287, or please visit the following website to see a list of available HUD Counselors in your area: http:/Awww.hud.gov. Please also see attached HUD Counseling list in your area. This law firm is a “debt collector” under the Fair Debt Collection Practices Act. Any information obtained will be used for the purposes of collecting that debt. THIS IS A COMMUNICATION FROM A DEBT COLLECTOR UNLESS YOU NOTIFY THIS OFFICE WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE THAT. YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME. THIS DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT AND MAIL YOU, A COPY OF SUCH VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN THIRTY (30) DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM THE CURRENT CREDITOR. “THIS 1S AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT. PURPOSE.” Sincerely, Law Offices of Damian G. Waldman, P.A. Filing 66592449 NEWPORT BEACH VS BRUCE GIMZEK 05-2016-CA-053709-XXXX-XX HUD APPROVED COUNSELING AGENCIES FOR THE STATE OF FLORIDA AS OF FEBUARY 24, 2015 Page 1of2 WE HELP COMMUNITY DEVELOPMENT 3677 Central Ave #F CORPORATION FORT MYERS, Florida 33901-8226 349 S.E. 3rd Street P: 239-275-5105 BELLE GLADE, Florida 33430-3513 W: www leecountyhde.org P: 561-992-5854 F; 561-993-2214 CITY OF GAINESVILLE HOUSING DIVISION E; wenniem@aol.com 306 NE 6th Avenue W: www,wehelpcommuni tics.org GAINESVILLE, Flor